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COMMON COUNCIL Minutes 20100608 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JUNE 8, 2010 The meeting was called to order at 7:40 p.m. by Mayor Johnson. Present were Ald. Fiedler, Schaumberg, Soltysiak, Werner, Borgman, Harenda, Snead, Community Development Director Muenkel and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Deputy stated that the meeting was noticed in accordance with the open meeting law on June 4, 2010 COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Johnson and Ald. Fiedler attended a ceremony on June 7 honoring Laverne “Skip” Bartes. Skip served on the Veolia Emerald Park Landfill Standing Committee for 12 years. As a dedication to Skip, a tree was planted to commemorate his many years of service and devotion to the people of Muskego. July was proclaimed “Park and Recreation” month. PUBLIC COMMENT The following individual registered to speak regarding Reso. #062-2010: Larry Lefebvre, W186 S6782 Jewel Crest.  The various lake organizations have been working together to purchase this property for a year.  He supports the City contributing $20,000 toward the purchase of the land.  The lake is the crown jewel of our City.  He requested that the Council vote in favor of the resolution. PUBLIC HEARING The Deputy read the public hearing notice to consider the petition of Carity Land Corporation to revise Chapter 14, Section 1.5, of the Floodplain Zoning Ordinance of the City of Muskego to include the FEMA issued LOMR-F for the Northfield Green Subdivision Lots 10 - 15. Mr. Muenkel explained the amendment is to adopt and reference a LOMR-F (Letter of Map Revision Based Upon Fill) that was issued/approved by FEMA. The LOMR-F removes portions of Lots 10 –15 in the Northfield Green Subdivision. The City is required, by the DNR, to include this new map within our ordinance to use it to make floodplain determinations within these specific areas. Mr. Bill Carity stated that he developed the subdivision in 2005 - 2006. He gave a brief explanation regarding the subdivision’s floodplain. He modeled the floodplain, filled the subdivision in 2005 - 2006. Federal Emergency Management Agency (FEMA) came along in 2006 - 2008 and modeled the floodplain as if the subdivision was not created. He has had a difficult time selling the five lots that were encumbered by the floodplain. He stated that this amendment would correct the error. No one else requested to be heard; the Mayor declared the hearing closed at 7:52 pm. Common Council Minutes Page 2 June 8, 2010 The Deputy read the public hearing notice to consider the petition of Muskego Commerce Center East, LLC to rezone property located on the west and east sides of Moorland Road from BP-1 - Business and Office Park Support District and BP-3 - Business Park District to B-3 - General Business District for the purpose of future commercial/retail uses. Mr. Muenkel explained this proposal is to rezone the property from BP-1 District to B-3 District. There is also a portion to the east that would be rezoned from the BP-3 District to B-3 District just north of the Wal-Mart Center on Commerce Center Drive. This rezoning proposal came forward to set the stage for Elliott’s Ace Hardware that will be north of Wal-Mart. The reason for the proposal is to align the same zoning as allowed for Wal-Mart to the south. Rezoning approximately 150 feet of the BP-3 zoning to the east will better align commercial uses supporting Wal-Mart. Plan Commission recommended only rezoning the area for the Ace Hardware. Mr. Muenkel stated that the BP-1 zoning does allow retail buildings over 20,000 square feet by conditional use grant whereas the proposed B-3 zoning allows retail structures by right. The Plan Commission did approve the Building, Site and Operation Plan for the Ace Hardware at the same meeting that the rezoning recommendation was made. Paul Oman, S63 W16495 College Avenue  He stated that Elliott’s is a quality establishment and a perfect fit for this area.  He does not favor TIFs, but supports paying it off. No one else requested to be heard; the Mayor declared the hearing closed at 8:00 pm. CONSENT AGENDA Reso. #069-2010 was removed from Consent Agenda. Ald. Borgman moved to approve the remaining items under the Consent Agenda. Ald. Harenda seconded. Motion carried 7 in favor. The following items were approved: Operators’ Licenses for Kim Arnold, Debra Berthelsen, Dalwinder Bhela, Kenneth Bitter Jr., Chris Brahm, Christine Brooks, Brian Chic, Judy Covey, Mary Dohve, Connie Forseth, William Francis, Shizuko Gregoric, Julie Hakala, Kelly Heinrich, Theresa Hougum, Thomas Kotnik, June Loh, Michael McBane, Patricia Molkentin, Jessica Nelson, Timothy Poitz, Tammy Pulczinski, Debra Renk, Lawrence Schneider Sr., Dawn Shier, Christine Sobczyk, Amber Sullivan, Jennifer Timmerman, Richard Vernon & Carolyn White. Reso. #068-2010 - Re-approval of Certified Survey Map - Duve Reso. #070-2010 - Resolution to Determine Continuation of Benefits During Voluntary Military Leave Reso. #071-2010 - Award of Bid - 2010 Road Improvement Program NEW BUSINESS Reso. #069-2010 - Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 2010 to June 30, 2011. Ald. Fiedler moved for adoption. Ald. Borgman seconded. Ald. Fiedler moved to amend to remove Mug-Z’s Pub & Grille & Muskego Gateway Entertainment Complex from the list of “Class B” Common Council Minutes Page 3 June 8, 2010 Retailers’ licenses as the license holders will be requested to appear at the next Finance Committee meeting. Ald. Harenda seconded. Motion carried 7 in favor. Reso. #069-2010, as amended, adopted 7 in favor. UNFINISHED BUSINESS Reso. #062-2010 - Authorization to Participate in New Berlin Land Purchase. On the floor, deferred 5/25/2010. Ald. Harenda stated he still questions if the City should use conservation funds to purchase lands outside of Muskego. Ald. Werner noted that the various lake organizations are dedicating their funds to purchase this property. They have done the research. There is a need to preserve the quality of the water coming into the lake. This is also an opportunity for the Little Muskego Lake District to find a property to tip weeds. Ald. Borgman agrees that there is a need to preserve and to protect the lake. This is a place to start. He believes the City’s contribution is for a worthy cause. Ald. Soltysiak stated he prefers the conservation funds be used rather than sit idle. Mayor Johnson stated the City’s lakes need to be protected. He believes the dollar amount that the City will invest is minimal. The Mayor encouraged the Council members to support participation in the land acquisition. Ald. Fiedler stated the opportunity to purchase this property should be taken. Motion to adopt carried 7 in favor. Ord. #1320 - An Ordinance to Amend the Zoning Map of the City of Muskego and the 2020 Comprehensive Plan (Thiele - RS-1 to B-4). The Plan Commission made a recommendation on June 1, 2010. Ald. Borgman moved for adoption. Ald. Werner seconded. Motion carried 7 in favor. Ord. #1321 - An Ordinance to Amend the Zoning Map of the City of Muskego (Oman - RSE to RC-3). The Plan Commission made a recommendation on June 1, 2010. Ald. Borgman moved for adoption. Ald Fiedler seconded. Motion carried 7 in favor. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 5/4/2010 Plan Commission, 5/17/2010 Public Safety Committee and 4/12/2010 Parks & Recreation Board. FIRST READING OF ORDINANCES Ord. #1322 - An Ordinance to Amend Chapter 12, Section 12.06 (3), of the Municipal Code of the City of Muskego (Taxicabs - Required Inspection). Ord. #1323 -An Ordinance to Amend Chapter 14, Section 1.5, of the Floodplain Zoning Ordinance of the City of Muskego. Ord. #1324 - An Ordinance to Amend the Zoning Map of the City of Muskego (Muskego Commerce Center East, LLC - BP-1 and BP-3 to B-3). VOUCHER APPROVAL Ald. Snead moved for approval of payment of General Vouchers in the amount of $321,774.88. Ald. Harenda seconded. Motion carried 7 in favor. Common Council Minutes Page 4 June 8, 2010 Ald. Snead moved for approval of payment of Utility Vouchers in the amount of $42,362.27. Ald. Harenda seconded. Motion carried 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Mayor Johnson noted a timetable is being developed for the upcoming budget process. ADJOURNMENT Ald. Snead moved to adjourn at 8.25 p.m. Ald. Fiedler seconded. Motion carried 7 in favor. Minutes transcribed by Kim Chavie.