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COMMON COUNCIL Minutes - 7/28/2020 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES July 28, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:38 p.m. ROLL CALL Present: Alderpersons Wolfe, Terrence, Kapusta, Engelhardt, Kubacki, and Madden. Also present: Public Works & Development Director Kroeger, Lead Planner Trzebiatowski, City Attorney Warchol, 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. PUBLIC COMMENT Rachel Meyer, W145 S6975 Brentwood Drive, voiced her concern regarding Outside Dance Permits and COVID-19. When permits are approved, there are no discussions regarding safety measures that should be taken. She suggested the City provide guidelines to these businesses to stop the spread of the virus. COMMUNICATIONS FROM THE MAYOR’S OFFICE  Muskego was once again listed as one of the Top Safest Cities in the country.  Ronald Schroeder filed a claim in federal court challenging the City’s Ordinance regarding restricting the residency of convicted sex offenders. CONSENT AGENDA Alderperson Wolfe moved to approve the items under Consent Agenda. Alderperson Kubacki seconded; motion carried. The following were approved: Approval of Operators Licenses for Jeffrey Baker, Trisha Bierbach, Jody Floryance, Emily Gillespie, Kerry Heideman, Scott Lago, Jessica Mahon, McKenzie Miller, Jeff Novak, Mariah Popp, Holly Rupp, Jeffery Scott, and Madeline Thorstad. Resolution #060-2020 – Approval of Certified Survey Map – PEGARL, LLP Resolution #061-2020 – Approval of Certified Survey Map - Belmore Resolution #062-2020 – Reduction of Cash Deposit for Machi Properties BV LLC (Harvest Court). Common Council Minutes 2 July 28, 2020 Resolution #063-2020 – Approval of Intergovernmental Agreement with the City of Waukesha Regarding Great Water Alliance Project. Resolution #065-2020 – Approval of Muskego Community Festival, Inc. and the City of Muskego Lease Agreement for the Veteran's Memorial Park Pavilion. NEW BUSINESS Resolution #064-2020 – Resolution to Send the Engelking Sport Court Proposal to the Public Works and Safety Committee for Reconsideration. Alderperson Kubacki moved to approve. Alderperson Madden seconded. Mayor Petfalski stated that the Public Works and Safety Committee granted the Engelking request to construct a sport court at an elevation below what is allowed by the City’s Municipal Code. Alderperson Kubacki requested that this matter be discussed by the Common Council. The Mayor noted that the effect this could have on the neighboring properties was not discussed at the Committee meeting. Alderperson Kubacki stated he has major concerns. Multiple sump pumps may have to run continuously. This could be a problem for the adjacent properties. More research needs to be done. Alderperson Terrance noted that he had some hesitation as well. Alderperson Wolfe suggested sending the matter back to the Committee. Director Kroeger stated that the City’s regulation is standard. A year ago, the City’s Code was challenged by another homeowner. The Wisconsin Department of Safety and Professional Services (DSPS) reviewed the City’s Code and found it to be valid. Attorney Warchol stated the City’s regulation is in place for a reason. By granting this variance, the City is going around its Code. What are the reasons for doing so? The potential effect on neighboring properties is an important issue to consider. The City could eventually be sued. While the property owner has agreed to sign a Waiver to not hold the City responsible, that would not apply to future owners of this property. Motion carried. The Mayor noted that the Public Works and Safety Committee would meet following Common Council. UNFINISHED BUSINESS Ordinance #1447 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (B-4, RM-1 and PD-38 to PD - Cornerstone Development). Second Reading. Alderperson Madden moved to approve. Alderperson Kubacki seconded; motion carried. REVIEW OF COMMITTEE REPORTS Public Works & Safety Committee – May 18, 2020 Plan Commission – June 2, 2020 Finance Committee – June 23, 2020 LICENSE APPROVAL Approval of Outside Dance Permit for A.J.'s Bar & Grill, S90 W13970 Boxhorn Drive, for 8/1 and 8/15 - 4:30 pm to 7:30 pm and 8/18 - 5:30 pm to 8:30 pm and an Amendment to Licensed Premise to Include Grass Area Surrounding the Patio for 8/1 and 8/15 - 4:00 Common Council Minutes 3 July 28, 2020 pm to 8:00 pm and 8/18 - 5:00 pm to 9:00 pm. Alderperson Wolfe made a motion to approve. Alderperson Terrence seconded. Alderperson Kubacki supports sending Waukesha County’s recommendations for gatherings to the businesses. Motion carried. Approval of Outside Dance Permit and Temporary Amendment to Licensed Premise for Tail Spin Bar & Grill, S64 W18295 Martin Drive, for August 13, 2020 from 6:00 pm to 9:00 pm. Alderperson Madden made a motion to approve. Alderperson Kubacki seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $320,184.28. Alderperson Madden seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $343,697.21. Alderperson Kubacki 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 $364,365.32. Alderperson Madden seconded; motion carried. CITY OFFICIAL’S REPORTS – None COMMUNICATIONS AND MISCELLANEOUS BUSINESS Mayor Petfalski requested a Special Common Council meeting be held on Tuesday, August 4, 2020 at 5:00 p.m. to approve several Outside Dance Permit applications. ADJOURNMENT Alderperson Madden made a motion to adjourn at 7:09 p.m. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Deputy Clerk Jill Blenski.