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COMMON COUNCIL Minutes - 12/11/2018 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES December 11, 2018 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:00 p.m. ROLL CALL Present: Alderpersons Wolfe, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: City Attorney Warchol, Planning Manager Trzebiatowski, and Deputy Clerk Blenski. Absent: Alderperson Hammel. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Chiaverotti wished everyone a Happy Holiday! PUBLIC COMMENT Elayne Maas, W175 S7486 Park Drive registered against Ordinance #1425. PUBLIC HEARING The Deputy Clerk read the public hearing notice to consider the petition of Doug and Julie Meinen (D & J and Sons LLC) to rezone property known as Tax Key No. 2259.981.002 located on North Cape Road from B-4 – Highway Business District to M-1 – Light Industrial District for the purpose of allowing the construction of a new building for their concrete foundation business on the property. The 2020 Comprehensive Plan also needs to be amended from Business use to Industrial use. Mr. Trzebiatowski stated the petition is to rezone property located on North Cape Road in the southeastern part of the City. The petitioners operate a concrete foundation business, which involves some trucking. Trucking is allowed in the M-1 District. The Plan Commission did recommend approval subject to comments or concerns expressed at the Public Hearing. The rezoning would also be subject to approval of a Building, Site and Operation Plan. Construction of a new building will have to follow the Durham Hill Design Guide. No one requested to speak. The Mayor declared the hearing closed. CONSENT AGENDA Alderperson Borgman moved to approve. Alderperson Kubacki seconded; motion carried. The following were approved: Common Council Minutes – November 27, 2018 Operator Licenses for Trisha Bierbach, Rachele Boehler, Laurie Lazarski and Breaire Neta Resolution #100-2018 – Approval of a Certified Survey Map – Dillett Resolution #101-2018 – Approval of a Certified Survey Map – Heinrich Common Council Minutes 2 December 11, 2018 Resolution #102-2018 – Approval of a Certified Survey Map – Jiffy Lube Resolution #103-2018 – Approval of a Developer’s Agreement between Machi Properties BV, LLC and the City of Muskego (Harvest Court) Resolution #104-2018 – Approval of Agreement with HydroCorp for a Cross Connection Control Program UNFINISHED BUSINESS Ordinance #1425 - An Ordinance to Amend the Zoning Map/Code and 2020 Comprehensive Plan of the City of Muskego (I-1 to PD - Former Muskego Elementary School). Second Reading. Alderperson Madden moved to approve. Alderperson Kubacki seconded. Mr. Trzebiatowski stated the Plan Commission recommended approval. He addressed the main comments and concerns that were raised at the Public Hearing. In response to a question regarding the acceptance of grant funds, Mr. Kevin McDonell spoke on behalf of The Commonwealth Companies. He noted the following:  Commonwealth is working with the State Historic Preservation Office and the National Park Service in order to receive Historic Tax Credits.  They are also applying for Housing Tax Credits through the Wisconsin Housing and Economic Authority. This requires 85% of the total units (34 out of 40) to be set aside for individuals who earn 60% or less than the County median income.  A public playground is proposed, which would be dedicated to the City. The developer will work with City staff to accomplish.  They would be open to different designs to address traffic concerns. City Attorney Warchol: The City has adopted Section 106.50 of the Wis. Stats., which requires compliance with fair housing standards. Alderpersons Kubacki and Madden: The zoning is what needs to be addressed. The other issues being brought up will be reviewed by the Plan Commission. Alderperson Wolfe: Expressed concern about the increased traffic in an area that is already congested. Alderperson Kapusta: The project is not a good fit for the area. Planner Trzebiatowski stated that a proposal for a multifamily development with greater density was previously approved for the same site. Attorney Warchol noted that is an important fact. If this new proposal is not approved, there could be potential litigation. The Council needs to follow the Municipal Code when considering approval or denial of a proposed development. Common Council Minutes 3 December 11, 2018 City Attorney Warchol: A protest petition was filed. The requirements outlined in the State Statutes were met; the petition is valid. As such, 5 Alderpersons have to vote in the affirmative for the zoning to be amended. Alderperson Kubacki: What are the reasons not to approve? Motion to approve carried 5 in favor and Alderperson Kapusta voting no. REVIEW OF COMMITTEE REPORTS Finance Committee – November 13, 2018 Plan Commission – November 8, 2018 FIRST READING OF ORDINANCES Ordinance #1426 - An Ordinance to Amend Chapter 30, Section 30-1, of the Municipal Code of the City of Muskego (Polling Places) Ordinance #1427 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (B-4 to M-1 - Meinen/D & J and Sons LLC) LICENSE APPROVAL Approval of "Class B" Retailer's License for the Sale of Fermented Malt Beverages and Intoxicating Liquor for Outside Inn with Bacon LLC, S74 W17096 Janesville Road, Agent Jennine Paoli. Outside area to be licensed until close. Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $55,057.11. Alderperson Kubacki seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $1,371,567.11. Alderperson Madden seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $337,898.51. Alderperson Engelhardt seconded; motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None CLOSED SESSION Alderperson Borgman moved to convene into Closed Session pursuant to: Following conclusion of consideration of the above portion of its regularly scheduled agenda, the Common Council will meet to vote on a motion to convene in Closed Common Council Minutes 4 December 11, 2018 Session for discussion/action relative to: Sons of Union Veterans of the Civil War, Department of Wisconsin, Colonel Hans C. Heg Camp #15, c/o Jeffrey M. Graf, et al. vs. City of Muskego, Waukesha County Case #17-CV-000606 and to take such further action as may be necessary and appropriate with respect to such matters. A Closed Session for the above purpose is authorized pursuant to the provisions of 19.85(1)(g) Wis. Stats., 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. Upon conclusion of the Closed Session, the Common Council will convene in Open Session to consider its public agenda, including motions to recommend approval or rejection of the above-listed deliberations or any of the public agenda items that have not been acted upon. Alderperson Engelhardt seconded. Motion carried 6 in favor. OPEN SESSION Alderperson Borgman moved to reconvene in Open Session. Alderperson Madden seconded; motion carried. ADJOURNMENT Alderperson Kubacki made a motion to adjourn at 7:18 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.