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COMMON COUNCIL Minutes - 2/25/2020 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES February 25, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:03 p.m. ROLL CALL Present: Alderpersons Hammel, Borgman, Kapusta, Kubacki, and Madden. Also present: City Attorney Warchol, Planner Trzebiatowski, and Deputy Clerk Blenski. Absent: Alderpersons Wolfe and Engelhardt. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT - None PUBLIC HEARINGS 1. To consider the petition of D & K Seasonal Services to rezone property known as Tax Key No. 2225.984 located at S80W19025 Janesville Road from B-2 - Local Service Center District to B-4 - Highway Business District for the purpose of allowing a landscape and snow removal company including outdoor sales of mulch, salt, landscape stone, and other similar products on the property. Planner Trzebiatowski stated the property is currently commercial and home to the Paradise Pools store. The petitioner is Dennis Lopiparo of D & K Seasonal Services. He is interested in purchasing the property to operate his business. Mr. Trzebiatowski stated that the rezoning would be subject to approval of a Building, Site and Operation (BSO) Plan. Public Input: Ken Holz – owns the property immediately to the east. He is especially concerned about the open field behind the business. He indicated the City is recommending a hard surface for that area. Mr. Holz believes water control could be a potential problem. His property is currently for sale. Dennis Lopiparo and Kandy Raether, W186 S9038 Cardinal Drive (D & K Seasonal Services) were present. Mr. Lopiparo stated they are aware that there are water issues. They intend to be good neighbors and would like to operate their business in Muskego. Ron Richardson is the current owner of Paradise Pools located at S80 W19025 Janesville Road. The business has been operating for 40 years. The back lot on the Common Council Minutes 2 February 25, 2020 property is always wet. If the area is hard surfaced, the water will run to the south and will not affect the properties to the east or west. Mayor Chiaverotti declared the hearing closed. 2. To consider various revisions to Chapter 400 (Zoning Code) of the City of Muskego Municipal Code. These amendments relate to various Zoning Code regulations and requirements requiring clarification and/or updates. The proposed amendments relate to barns as wedding/event venues, goat and livestock regulations, scoreboard regulations and other miscellaneous topics. Planner Trzebiatowski reviewed the proposed changes that relate to the topics noted above. The majority were previously discussed by the Committee of the Whole. He did look to other communities for sample ordinances that could be applied to Muskego. References in the Code to hobby farms are also proposed to be removed. Some of the others are Code changes that staff kept a running list of and are being brought forward at this time. Lastly, the proposed Ordinance reflects that the Aldermanic representative to the Plan Commission would be appointed by the Mayor, which mirrors Wisconsin Statutes. Public Input: Mr. Trzebiatowski read a comment into the record submitted by Michael and Linda Kuwitzky, W188 S10793 Kelsey Drive. The Kuwitzkys could not be present tonight. They expressed several concerns regarding barns being used as event venues. They live across the street from Grandma’s Cottage located at W187 S10740 Muskego Dam Drive. Events have been held at Grandma’s Cottage since 2016, none of which have been approved by the City. These events have had a negative impact to their property and quality of life. The Kuwitzkys raised questions regarding the discharge of sanitary sewer and fire safety issues to name a few. They oppose the proposed changes to Chapter 400. Bob Janke, S63 W17271 College. He has a barn that meets the criteria to be used as a wedding/event venue. He has held four events in the past and would like to continue to do more. There were no complaints from his neighbors. He supports the proposed restrictions. They will ensure these events are held properly. He believes the barn venues can be a benefit to Muskego. Jeremiah Johnson was present. He is the Director of Operations for the Muskego- Norway School District. He supports the proposed scoreboard changes. Advertising pays for the scoreboards. He stated that the backside of the scoreboard also needs to be addressed. Christine Koerner, S98W20972 Parker Drive. She made the initial request to the City to allow goats. She supports the proposed changes. Devonna Joy, S98W21442 Parker Drive. She is Ms. Koerner’s neighbor and supports the proposed change to allow goats. John Giove, S98W21442 Parker Drive. He has had goats in the past. They require minimal care and do not pose a problem. He supports the proposed change to allow them. Common Council Minutes 3 February 25, 2020 The Mayor declared the hearing closed at 6:37 p.m. CONSENT AGENDA Alderperson Borgman moved to approve Consent items. Alderperson Kubacki seconded; motion carried. The following items were approved: Common Council Minutes for February 11, 2020 An Operator License for David Fischbach, Katie Wasiak, Alexis Yaeger, and Barbara Zydowicz Resolution #011-2020 – Approval of Amendment of M & N Shooting Enterprize, LLC (dba) Boxhorns and City of Muskego Lease Agreement for Boxhorn Pole Barn Area Resolution #012-2020 – Reduction of Letter of Credit for Muskego Lakes Estates LLC Resolution #013-2020 – Authorization to Replace Police Department Vehicle UNFINISHED BUSINESS Ordinance #1441 – An Ordinance to Amend Chapter 39, Section 39-2, of the Municipal Code of the City of Muskego (Collection of Property Taxes, Special Assessments and Charges and Other Taxes). Second Reading. Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. REVIEW OF COMMITTEE REPORTS Finance Committee – January 28, 2020 FIRST READING OF ORDINANCES Ordinance #1442 - An Ordinance to Amend Various Sections of Chapter 400 of the Zoning Code of the City of Muskego Ordinance #1443 - An Ordinance to Amend the Zoning Map of the City of Muskego (D & K Seasonal Services/B-2 to B-4) LICENSE APPROVAL Approval of a Class A Dance Hall License and "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Tipsy Threesome, LLC d/b/a Irish Cottage II, S98 W12532 Loomis Court, Agent: Kimberly Mathy. Request to have upstairs, outside patio licensed until close. Alderperson Hammel moved to approve. Alderperson Kapusta seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Kubacki made a motion to recommend approval of Utility Vouchers in the amount of $145,437.80. Alderperson Madden seconded; motion carried. Common Council Minutes 4 February 25, 2020 Tax Vouchers Alderperson Kubacki made a motion to recommend approval of Tax Vouchers in the amount of $28,252.76. Alderperson Hammel seconded; motion carried. General Fund Vouchers Alderperson Kubacki made a motion to recommend approval of General Fund Vouchers in the amount of $253,712.14. Alderperson Kapusta seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Kubacki made a motion to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $210,680.80. Alderperson Hammel seconded; motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Planner Trzebiatowski stated the April Plan Commission meeting would be held on April 2, 2020. ADJOURNMENT Alderperson Kubacki made a motion to adjourn at 6:42 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.