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COMMON COUNCIL Minutes 20100525 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD MAY 25, 2010 The meeting was called to order at 7.32 p.m. by Mayor Johnson. Present were Ald. Fiedler, Schaumberg, Soltysiak, Borgman, Harenda, Snead, Community Development Director Muenkel, and Deputy Clerk Blenski. Ald. Werner was absent. Those present recited the Pledge of Allegiance. The Deputy stated that the meeting was noticed in accordance with the open meeting law on May 21, 2010. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson congratulated City Engineer David Simpson for obtaining his Master’s Degree in Engineering from Marquette University. Also Mayor noted arbitration is th scheduled for July 13 regarding the health insurance issue. No one registered to speak under Public Comment. PUBLIC HEARING The Deputy read the public hearing notice to consider the petition of Kenneth and Dorothy Thiele to rezone property known as Tax Key Number 2227.991.002 located on Janesville Road from RS-1 - Suburban Residence District to B-4 - Highway Business District and to grant a 2020 Comprehensive Plan Amendment from Medium Density Residential to Commercial for the purpose of future business/commercial uses. Mr. Muenkel stated this property has many constraints, a very small building pad area, and is not conducive to residential uses. The owners would like the property to be consistent with the commercial use of the pet store and hardware store directly to the west. The property would become more marketable rezoned as commercial. An amendment to the 2020 Comprehensive Plan would also be required. The following individuals spoke: Eleanor Hoover, W204 S8336 Pasadena Drive  When she purchased her property she was assured there would be no other commercial uses close by.  She asked what the owners were planning to build on that corner property?  She is concerned that she may have a difficult time selling her property because of the commercial uses in the area. Mr. Muenkel responded that the owners have not indicated what commercial uses are intended for the property. However, the plans would be subject to Plan Commission approval. Gayle Schmitt, S83 W20607 Janesville Road  She is in favor of the commercial rezoning.  She stated that when she tried to develop her property, there was an issue with the reconstruction of the sewer line. She is hoping that the owners will have to address the same issues. Common Council Minutes Page 2 May, 25, 2010 Jeannette Thorel, W200 S8357 Woods Road  She is concerned that the current speed limit of 55 mph is too high.  She feels adding more commercial use to the area will increase the traffic and potentially cause more accidents. No one else requested to be heard; the Mayor declared the hearing closed at 7:41 p.m. The Deputy read the public hearing notice to consider the petition of Paul Oman to rezone property known as Tax Key Number 2170.999 located at S63 W16495 College Avenue from RSE - Suburban Estate District to RC-3 - Country Residence District for the purpose of a possible future land division. Mr. Muenkel stated the property is located approximately a quarter mile west of the College Avenue/Moorland Road intersection. The property owner would like to complete a one-lot land division in the future, which would not be possible under the current zoning. Ald. Borgman stated there was discussion at one time that Oak Hill Drive would be extended to College Avenue. He asked if this rezoning could potentially be the start of an effort to accomplish that. Mr. Muenkel stated he does not foresee that happening. Paul Oman, S63 W16495 College Avenue  He stated the wetlands have been identified and the survey completed. He wants to preserve the large trees on the property. Dave Sernec, W166 S6719 Oak Hill Drive  Doesn’t understand why a rezoning is needed if only one or two homes will be on the parcel.  Changing the zoning will affect other property owners in the area. No one else requested to be heard; the Mayor declared the hearing closed at 7:49 p.m. NEW BUSINESS Reso. #058-2010 - Resolution to Create the Department of Finance and Administration and to Approve the Job Description for the Director. Ald. Borgman moved for adoption. Ald Schaumberg seconded. Motion carried 6 in favor. Reso. #059-2010 - Resolution Confirming the Selection of Director of Finance and Administration for the City of Muskego. Ald. Borgman moved for adoption. Ald. Fiedler seconded. Motion carried 6 in favor. Reso. #060-2010 - Resolution to Approve the Job Description and to Authorize Filling the Position of Accountant. Ald. Schaumberg moved for adoption. Ald. Borgman seconded. Motion carried 6 in favor. Reso. #061-2010 - Resolution Authorizing the Redemption of General Obligation Promissory Notes, Series 2001B, and General Obligation Promissory Notes, Series 2002. Ald. Borgman moved for adoption. Ald. Fiedler seconded. Motion carried 6 in favor. Common Council Minutes Page 3 May, 25, 2010 CONSENT AGENDA Ald. Soltysiak requested that Reso. #62-2010 be removed from the Consent Agenda. Ald. Borgman moved to approve the remaining items under the Consent Agenda. Ald. Harenda seconded. Motion carried 6 in favor. The following items were approved: Operators’ Licenses for Therese Blight, Daniel Bott, Sharon Bott, Jerry Coubal, Richard Doede, Jessica Duchac, Trevor Hunt, Marilyn Ireland, Jerome Krupa, Jan Kuzmic, Thomas Pajot, Joy Reeves, Laura Sneesby, Michael Williams Common Council Minutes of May 11, 2010 Reso. #063-2010 - Authorization to Use CDBG Money for Muskego Senior Taxi Service Reso. #064-2010 - Accepting Muskego Now as the Official Newspaper of the City of Muskego Reso. #065-2010 - Designating Public Depositories and Authorizing Withdrawal of City of Muskego Monies Reso. #066-2010 - Authorization to Purchase a Used Vehicle for the Community Development Department Reso. #067-2010 - Authorization to Apply for DATCP’s Purchase of Agricultural Conservation Easement (PACE) Program Regarding the Borst Property NEW BUSINESS Reso. #062-2010 - Authorization to Participate in New Berlin Land Purchase. Ald Fiedler moved to adoption. Ald. Schaumberg seconded. Ald. Soltysiak expressed concern about the City spending $20,000 of its Conservation funds to purchase land in New Berlin. New Berlin has not committed any of its funds to purchase the property to date. There are about 3,000 acres of land in Muskego identified as high priority that should be conserved. Ald. Borgman noted that the Conservation Commission voted 5 to 1 in favor of the City’s participation. He supports the participating in the acquisition. Ald. Soltysiak stated that the stream on the property requires remediation before there will be any impact. That project is estimated to cost over a quarter of a million dollars. Ald. Fiedler stated he shares Ald. Soltysiak’s concerns. He would like to see what New Berlin would do first. Ald. Harenda requested privilege of the floor for Conservation Coordinator Tom Zagar; there were no objections. Mr. Zagar stated that if the land were in Muskego, it would be identified as medium priority. As stated, the City has a substantial amount of high priority lands that have yet to be considered. As opportunities come up, they are considered on a case-by-case basis. Limited funds are available. The property has no natural resource features on it aside from the stream that runs through it. Mr. Zagar stated that it was the Council’s decision. Mayor Johnson stated that the property would be used by the Lake District for weed tipping. Ald. Harenda moved to defer. Ald. Fiedler seconded; motion carried. UNFINISHED BUSINESS Ord. #1318 - An Ordinance to Amend Chapter 1, Section 1.05, of the Municipal Code of the City of Muskego (Boards and Commissions). On the floor, deferred 5/11/2010. Ald. Fiedler moved to amend to add the word “appointed” before the word member. Common Council Minutes Page 4 May, 25, 2010 Ald. Snead seconded. Motion carried 6 in favor. Ord. #1318, as amended, adopted 6 in favor. Ord. #1319 - An Ordinance to Amend the Zoning Map of the City of Muskego (Drefahl - RS-3 to DR-1). Second Reading. Ald. Borgman moved for adoption. Ald. Fiedler seconded. Motion carried 6 in favor. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 4/13/2010 Public Utilities Committee, 3/3/2010 Public Works Committee, 4/21/2010 Community Development Authority and 3/31/2010 Teen Advisory Board. FIRST READING OF ORDINANCES Ord. #1320 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2020 Comprehensive Plan (Thiele - RS-1 to B-4). Ord. #1321 - An Ordinance to Amend the Zoning Map of the City of Muskego (Oman - RSE to RC-3). LICENSE APPROVAL Ald. Harenda moved to approve an Outside Dance Permit and Amendment to Licensed Premises for A. J.’s Bar & Grill, S90 W13970 Boxhorn Drive for June 19, 2010. Ald. Fiedler seconded. Motion carried 6 in favor. Ald. Borgman moved to approve Jeffrey Rockteacher as Agent for the “Class A” License held by Walgreens, S70 W15775 Janesville Road. Ald. Snead seconded. Motion carried 6 in favor. Ald. Harenda moved to approve a “Class B” Liquor License and Class A Dance Hall License for JDDS Investments d/b/a J.D.’s on Hillendale Drive, W191 S6409 Hillendale Drive, contingent on the sale of property. Ald. Soltysiak seconded. Motion carried 6 in favor. VOUCHER APPROVAL Ald. Snead moved for approval of payment of General Vouchers in the amount of $103,908.17. Ald. Fiedler seconded. Motion carried 6 in favor. Ald. Snead moved for approval of payment of Utility Vouchers in the amount of $330,984.20. Ald. Fiedler seconded. Motion carried 6 in favor. Ald. Snead moved for approval of payment of Wire Transfers to Debt Service in the amount of $1,493,725. Ald. Fiedler seconded. Motion carried 6 in favor. CITY OFFICIALS’ REPORTS The June calendar was reviewed. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Snead encouraged the council members to attend and support the Chamber Events within the city. The Mayor noted the VFW Memorial Day Service at the Muskego Regency on May 29, 2010 at 10:00 am. Common Council Minutes Page 5 May, 25, 2010 ADJOURNMENT Ald. Snead moved to adjourn at 8:16 p.m. Ald. Fiedler seconded; motion carried. Minutes transcribed by Kim Chavie.