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COMMON COUNCIL Minutes - 8/12/2014 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES August 12, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:00 PM. PLEDGE OF ALLEGIANCE ROLL CALL Present: Aldermen Madden, Kubacki, Engelhardt, Di Proni, Borgman, Hammel and Wolfe, and Community Development Director Muenkel. STATEMENT OF PUBLIC NOTICE This meeting was properly noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR'S OFFICE Reso. #065-2014 - Honoring City of Muskego Eagle Scout Nathaniel Owen Sippel Alderman Kubacki made a motion to approve Reso. #065-2014 - Honoring City of Muskego Eagle Scout Nathaniel Owen Sippel. Alderman Hammel seconded. Motion Passed 7 in favor. PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to two minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. The following individuals registered to speak:  Suzi Link, W172 S7297 Lannon Drive  Debra Bolton, W186 S7543 Kingston Drive  David Taube, S75 W18687 Kingston Drive (gave his time to Suzi Link)  Ken Fries, W175 S7229 Lake Drive  Heidi Lindhorst, S75 W18094 Boszhardt Lane The following individual did not wish to speak but registered an opinion:  Rex McCoy, W176 S7513 Harbor Circle CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would Common Council Minutes 2 August 12, 2014 normally appear. Alderman Borgman made a motion to approve consent items engross. Alderman Kubacki seconded. Motion Passed 7 in favor. Approval of Operator Licenses Operators Approved: Kelli Middleton, Katie Mont, Nicklaus Ryan, John Strasser, Marvin Strasser, and Karen Wyszkowski. Approval of Common Council Minutes - July 22, 2014 This item was removed from the agenda. Reso. #066-2014 - Approval of Two-Lot Extraterritorial Certified Survey Map - Fuller, Town of Vernon NEW BUSINESS UNFINISHED BUSINESS Ord. #1348 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (Ener-Con Companies, LLC - RL-3 to PD-14 and PD-14 Amendment). Second Reading. Alderman Madden made a motion to approve Ord. #1348 1384- An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (Ener- Con Companies, LLC - RL-3 to PD-14 and PD-14 Amendment). Second Reading. Alderman Kubacki seconded. Motion Failed 0 in favor 7 opposed. Michael Dilworth was present and explained he is requesting a deferral to meet with the district alderman and address concerns with a new plan. Discussion took place relating to the allowed medium density and the zoning amendment to high density. Director Muenkel clarified that any change would require Council approval for zoning amendments to the Planned Development. Ald. Borgman noted that Plan Commission voted unanimously against this proposal. Ald. Wolfe stated he is on Plan Commission and he would like to see a plan that meets the current medium density. Ald. Wolfe added he would like to see a public hearing held with a medium density plan. REVIEW OF COMMITTEE REPORTS Finance Committee - July 8, 2014 Public Works Committee - June 16, 2014 LICENSE APPROVAL Approval of "Class B" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquor and Class B Dance Hall License for T.J.'s Roundabout, LLC, S102 W19570 Kelsey Drive, Jerrylee Coubal Agent (Outside Sales Until 2:00 a.m.) Common Council Minutes 3 August 12, 2014 Alderman Hammel made a motion to approve of a "Class B" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquor and Class B Dance Hall License for T.J.'s Roundabout, LLC, S102 W19570 Kelsey Drive, Jerrylee Coubal Agent (Outside Sales Until 2:00 a.m.). Alderman Kubacki seconded. Motion Passed 7 in favor. Approval of "Class A" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for OM Muskego Oil, Inc. (d/b/a Express), S66 W14501 Tess Corners Drive, Kalpesh Patel Agent Alderman Wolfe made a motion to approve of a "Class A" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for OM Muskego Oil, Inc. (d/b/a Express), S66 W14501 Tess Corners Drive, Kalpesh Patel Agent. Alderman Hammel seconded. Motion Passed 7 in favor. Approval of "Class B" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquor and Class A Dance Hall License for 4 Corners Pub LLC, S98 W12532 Loomis Court, Richard Smith Agent (Outside Sales Until 2:00 a.m.) Alderman Borgman made a motion to approve of "Class B" Retailers' License for the Sale of Fermented Malt Beverages and Intoxicating Liquor and Class A Dance Hall License for 4 Corners Pub LLC, S98 W12532 Loomis Court, Richard Smith Agent (Outside Sales Until 2:00 a.m.). Alderman Hammel seconded. Motion Passed 7 in favor. Approval of a Temporary License to Sell Wine and Fermented Malt Beverages - Muskego Corvette Club. Event to be held at Sindic Motorcars on August 23, 2014 located at Janesville Road and Racine Avenue. Alderman Hammel made a motion to approve of a Temporary License to Sell Wine and Fermented Malt Beverages - Muskego Corvette Club. Event to be held at Sindic Motorcars on August 23, 2014 located at Janesville Road and Racine Avenue. Alderman Wolfe seconded. Motion Passed 7 in favor. Approval of an Outside Dance Permit and Amendment to Licensed Premise for The Suburban Bourbon, S76 W17745 Janesville Road, for August 24 (8:00 a.m. - 5:00 p.m.) and November 22 (10:00 a.m. - 5:00 p.m.) Alderman Borgman made a motion to approve of an Outside Dance Permit and Amendment to Licensed Premise for The Suburban Bourbon, S76 W17745 Janesville Road, for August 24 (8:00 a.m. - 5:00 p.m.) and November 22 (10:00 a.m. - 5:00 p.m.). Alderman Di Pronio seconded. Motion Passed 7 in favor. VOUCHER APPROVAL Common Council Minutes 4 August 12, 2014 Utility Vouchers Alderman Borgman made a motion to approve utility vouchers in the amount of $80,136.16. Alderman Kubacki seconded. Motion Passed 7 in favor. Tax Vouchers Alderman Borgman made a motion to approve tax vouchers in the amount of $692.14. Alderman Hammel seconded. Motion Passed 7 in favor. General Fund Vouchers Alderman Borgman made a motion to approve general fund vouchers in the amount of $373,611.83. Alderman Hammel seconded. Motion Passed 7 in favor. Wire Transfers Alderman Borgman made a motion to approve wire transfers for payroll transmittals in the amount of $377,986.16. Alderman Kubacki seconded. Motion Passed 7 in favor. CITY OFFICIALS' REPORTS Mayor Chiaverotti stated the first capital budget meeting will next week on August 21, 2014. City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Borgman explained tomorrow, Wednesday August 13th, Counsins Subs will donate 25% of their profits to the Muskego Senior Taxi program. CLOSED SESSION Please take notice that following Communications and Miscellaneous Business, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to: Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically recent developments and current status regarding Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540, and the effects of the results of Muskego Adventures, Inc. v. Parkland Venture, LLC, City of Muskego, et al., Case No. 13 CV 2186, foreclosure action on the Parkland Venture action. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. Common Council Minutes 5 August 12, 2014 Alderman Borgman made a motion to convene into closed session pursuant to: Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically recent developments and current status regarding Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540, and the effects of the results of Muskego Adventures, Inc. v. Parkland Venture, LLC, City of Muskego, et al., Case No. 13 CV 2186, foreclosure action on the Parkland Venture action. Alderman Madden seconded. Motion Passed 7 in favor. Alderman Di Pronio made a motion to reconvene into Open Session at 9:22 PM. Ald. Kubacki seconded. Motion Passed 7 in favor. FUTURE AGENDA ITEMS ADJOURNMENT Alderman Kubacki made a motion to adjourn at 9:23 PM. Alderman Madden seconded. Motion Passed 7 in favor. Minutes transcribed by Secretary Kellie McMullen