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COMMON COUNCIL Minutes - 10/14/2014 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES October 14, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:53 p.m. PLEDGE OF ALLEGIANCE Those present recited the Pledge of Allegiance. ROLL CALL Present: Aldermen Madden, Kubacki, Engelhardt, Di Pronio, Borgman, Hammel and Wolfe. Also present: Community Development Director Muenkel, Deputy Clerk Blenski and City Attorney Paul Alexi. COMMUNICATIONS FROM THE MAYOR'S OFFICE The Mayor apologized for the late start of the meeting. Reso. #079-2014 - Honoring City of Muskego Eagle Scout Miles Bognar Alderman Borgman made a motion to approve Reso. #079-2014 - Honoring City of Muskego Eagle Scout Miles Bognar. Alderman Kubacki 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 spoke regarding Ordinance #1386:  Jason Braatz, S76 W16835 Deer Creek Court  Stacy Richter, W195 S7695 Westlyn Drive  Rick Petfalski, W194 S8184 Highland Park Drive  Zachary Lamp, W191 S6360 Hillendale Drive  Sara Lamp, W191 S6360 Hillendale Drive  Jeremy Sanders, S64 W12990 Kipling Court  Dan Soltysiak, W193 S7979 Ancient Oaks Drive The following individuals spoke regarding Ordinance #1385:  Suzi Link, W172 S7297 Lannon Drive  Jim Lindhorst, S75 W18094 Boszhardt Lane  Debra Bolton, W186 S7543 Kingston Drive Common Council Minutes 2 October 14, 2014  David Taube, S75 W18687 Kingston Drive PUBLIC HEARING To consider the following upon the petition of the City of Muskego: Revisions to Chapter 14 Floodplain Zoning Ordinance of the City of Muskego Municipal Code relating to floodplain maps and regulations. Community Development Director Muenkel stated the City is required to have a floodplain ordinance to be part of the National Flood Insurance Program (NFIP). By participating, residents of Muskego are eligible for flood insurance. One condition of the NFIP is that the City must adopt the codes and regulations required by the DNR and FEMA. The proposed ordinance would reflect updated maps and documents as required. Plan Commission recommended approval. No one came forward to speak on this issue. The Mayor declared the hearing closed. 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 normally appear. Alderman Kubacki made a motion to approve the items under Consent Agenda. Alderman Borgman seconded. Motion Passed 7 in favor. Approval of Operator Licenses for Mary Hinkley, Katherine Kapp, Lynda Kisting, Alyssa Kurtz, Ryan Ledvorowski, Austin Lewkowski, Denise Popp, Mitchel Pries, Tyrone Rueda, Jeffrey Ryan, Jennifer Smerz and Demi Smith. Approval of Common Council Minutes - September 9 and September 23, 2014 Reso. #080-2014 - Approval of Stormwater Best Management Practices Funding Agreement with MMSD Reso. #081-2014 - Approval of Certified Survey Map - English Creek LLC Reso. #082-2014 - Approval of Permanent Water Main Easement and Abandonment of Prior Easement (Tudor Oaks) UNFINISHED BUSINESS Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment). Second Reading. Plan Commission action taken 10/7/2014. After discussion, the City Attorney suggested that the developer go back to the Plan Commission to provide additional details so the Commission can make a specific recommendation to the Common Council. Alderman Borgman moved to defer and send back to the Plan Commission. Ald. Madden seconded. Motion passed 7 in favor. Ord. #1386 - An Ordinance to Amend Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego (Permitted Accessory Uses). Second Reading. Plan Commission Common Council Minutes 3 October 14, 2014 action taken 10/7/2014. Mr. Muenkel stated the Plan Commission did recommend the ordinance with some proposed changes. One is to change the word "fowl" to "chickens." The Plan Commission also recommended that a permit and neighbor approval would not be required. He noted that the Council would have to amend the ordinance to incorporate the Plan Commission changes. City Attorney Alexi agreed that neighbor approval should not be required as a court case determined that was an improper delegation of authority. He also noted that a homeowners' association can restrict the allowance of chickens despite what the City allows. That matter would be privately enforced. Alderman Kubacki moved to accept the recommendations of the Plan Commission and amend the ordinance accordingly. Alderman Engelhardt seconded. Alderman Madden believes a permit and inspections during the first year should be required. Alderman Wolfe agreed with the permit requirement. Aldermen Kubacki and Engelhardt withdrew their motion and second. Alderman Kubacki made a motion to accept the recommendations of the Plan Commission, with the exception that a zoning permit would be required. Alderman Madden seconded. Motion carried 6 in favor and Alderman Hammel voting no. Ordinance #1386, as amended, adopted 5 in favor and Alderman Hammel and Borgman voting no. Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne Realty - RC-2 and RC-3 to Planned Development District). Second Reading. Plan Commission action taken 10/7/2014. Mr. Muenkel noted that Plan Commission recommended approval as well as the Parks & Recreation Board. Alderman Kubacki made a motion to approve Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne Realty - RC-2 and RC-3 to Planned Development District). Alderman Madden seconded. Motion Passed 7 in favor. Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben III, LLC - B-4 to DR-1). Second Reading. Plan Commission action taken 10/7/2014. Alderman Kubacki made a motion to approve Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben III, LLC - B-4 to DR-1). Alderman Engelhardt seconded. Motion Passed 7 in favor. REVIEW OF COMMITTEE REPORTS Plan Commission - September 2, 2014 Finance Committee - September 9, 2014 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1389 - An Ordinance to Amend Chapter 14, Section 1.5 (2), of the Municipal Code of the City of Muskego (Floodplain Zoning Ordinance - Official Map and Revisions) LICENSE APPROVAL Approval of Amendment to Licensed Premise for Twisted Cork, W168 S7392 Parkland Drive Common Council Minutes 4 October 14, 2014 Alderman Borgman made a motion to approve an amendment to the licensed premise for Twisted Cork, W168 S7392 Parkland Drive. Alderman Di Pronio seconded. Motion Passed 7 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Borgman made a motion to approve Utility Vouchers in the amount of $56,348.82. Alderman Kubacki seconded. Motion Passed 7 in favor. General Fund Vouchers Alderman Borgman made a motion to approve General Fund Vouchers in the amount of $302,281.34. Alderman Engelhardt seconded. Motion Passed 7 in favor. Wire Transfers for Payroll Transmittals Alderman Borgman made a motion to approve Wire Transfers for Payroll Transmittals in the amount of $692,815.69. Alderman Hammel seconded. Motion Passed 7 in favor. CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx ADJOURNMENT Alderman Borgman made a motion to adjourn at 9:20 p.m. Alderman Wolfe seconded. Motion Passed 7 in favor. Minutes taken and transcribed by Deputy Clerk Jill Blenski.