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COMMON COUNCIL Minutes - 9/22/2020 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES September 22, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:00 p.m. ROLL CALL Present: Alderpersons Wolfe, Terrence, Kapusta, Engelhardt, Kubacki, Hammel, and Madden. Also present: Public Works & Development Director Kroeger, Lead Planner Trzebiatowski, City Attorney Warchol, and Administrative Assistant Crisp. STATEMENT OF PUBLIC NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT - None COMMUNICATIONS FROM THE MAYOR’S OFFICE - None Announcements:  Trick or Treat Hours: Mayor Petfalski stated that the day and hours for Trick or st Treat will be October 31 from 6 – 8 pm. Anyone who wishes to participate should leave a porch light on.  Waukesha County will begin its Pilak Creek Tributary Structure project on th Monday, September 28; Racine Avenue (CTH Y) between Woods Road and Pioneer Drive will be closed for approximately two months.  The Library Board met last week to discuss closing the Library for regular business during the Election. Both the Library and City Hall will be open for voting only but neither one will be open for other services. PUBLIC HEARING To consider the petition of Senior Housing Partners/Presbyterian Homes to grant a zoning amendment to the previously approved Planned Development District for the purpose of allowing an additional three (3) feet in overall height for the approved senior building facility located at W147 S6800 Durham Place (Tax Key No. 2168.961). Planner Trzebiatowski stated that this development was approved on November 12, 2019 by Common Council. They are refining building plans to make sure they can provide a space that is favorable to residents and competitive in the market. Proposed Common Council Minutes 2 September 22, 2020 height was squeezing the floors which would cause architectural issues. They want to add a foot to each of the three levels. Mayor Petfalski asked about an entrance off Janesville Rd. There will be an entrance to the parking lot from Janesville Rd as well as an entrance off Durham Pl but that entrance will only be for residents to access underground parking. The two parking areas will not be connected. It was also noted that an email was received with a concern related to speeding and traffic in the area. Bob Gelhaus, W143S6384 Tess Corners questioned the decision to close off Durham Drive. Pamela Bells, Project Developer Senior Housing Partners representing Presbyterian Homes. They wish to provide a comfortable and wellness minded experience. She spoke in support of the height increase for the following reasons:  Change structural components which would result in eliminating soffits allowing taller windows bringing in more light  Fewer support columns so interior spaces will have more natural light  Higher ceilings to create brighter environment and enable flexibility in lighting fixtures CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson Terrence seconded; motion carried. The following were approved: An Operator’s License for Benjamin Angst, Jennifer Craycraft, Mark Dorn, Amanda Feest, Nicole Khoury, Stephanie Kosmatka, Katie Lederhaus, Ariana Schmidt, and Natalie Stublaski Common Council Minutes for September 8, 2020 Resolution #077-2020 – Approval of Timothy Dillett Developer's Agreement Resolution #076-2020 - Approval of an Amendment to the Intermunicipal Agreement Between the Town of Norway Sanitary District No. 1 and the City of Muskego REVIEW OF COMMITTEE REPORTS Finance Committee – August 25, 2020 Plan Commission – August 25, 2020 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1448 - An Ordinance to Grant a Planned Development Amendment to the Approved PD Zoning District for the Senior Housing Partners/ Presbyterian Homes Development Common Council Minutes 3 September 22, 2020 Ordinance #1449 - An Ordinance to Amend Chapter 278, Section 278-5., of the Municipal Code of the City of Muskego (Public Waters and Beaches/Speed Restrictions) Discussion took place regarding the proposed change. Several Alderpersons expressed keeping the language as is due to safety concerns. Ordinance #1450 - An Ordinance to Amend Chapter 67 to Rescind Section 67-7. of the Municipal Code of the City of Muskego (Mayor and Council/Order of Business) Ordinance #1451- An Ordinance to Amend Chapter 12, Section 12-7., of the Municipal Code of the City of Muskego (Library Board) The proposed change is to comply with Wisconsin State Statutes regarding the terms of the appointed members to the Library Board. LICENSE APPROVAL Approval of a "Class A" License for Kwik Trip, Inc. d/b/a Kwik Trip 1080, S63 W13510 Janesville Road, Steven Ward Agent Alderperson Kubacki made a motion to approve. Alderperson Madden seconded; motion carried. Approval of Outside Dance Permit for Tail Spin Bar & Grill, S64 W18295 Martin Drive, October 1, 2, 8, 15, 22 and 29 - 6:00 pm to 9:00 pm and October 17 - 11:00 am to 9:00 pm Alderperson Hammel made a motion to approve. Alderperson Wolfe seconded; motion carried. Approval of Outside Dance Permit and Amendment to Licensed Premise for Parkland Lodge LLC (d/b/a Lucky's at the Lodge), S74 W17096 Janesville Road, October 4, 2020 - 11:00 am to 8:00 pm Alderperson Kapusta made a motion to approve. Alderperson Hammel seconded; motion carried. Approval of Outside Dance Permit for Marx Pioneer Inn, W180 S7800 Pioneer Drive, October 31, 2020 - 2:00 pm to 10 pm. Alderperson Kapusta made a motion to approve. Alderperson Terrence seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $49,418.44. Alderperson Madden seconded; motion carried. Common Council Minutes 4 September 22, 2020 General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $259,599.62. Alderperson Engelhardt seconded; motion carried. Debt Service Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of $3,085,077.63. Alderperson Terrence 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 $352,485.26. Alderperson Kapusta seconded; motion carried. CITY OFFICIAL’S REPORTS – None COMMUNICATIONS AND MISCELLANEOUS BUSINESS Little Muskego Lake District – Alderperson Engelhardt stated that LMLD will hold its Annual Meeting on October 1, 2020 at 7:00 pm. Muskego Senior Taxi – Alderperson Wolfe stated that its fundraiser, Oktoberfest, is going to be a virtual event this year with online bidding and games beginning on Friday October 2 at 6:00 pm and concluding on October 11 at 6:00 pm. CLOSED SESSION Alderperson Kubacki moved to convene into Closed Session pursuant to the following: 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 Session for discussion/action relative the following two items: No. 1: Ronald Schroeder v. City of Muskego, Case No. 2:20-cv-01066-WED, United States District Court, Eastern District of Wisconsin. 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. No. 2: The potential creation of a Human Resources position for the City along with the duties and responsibilities of said position. A Closed Session for the purpose specified above is authorized pursuant to the provisions of 19.85(1)(c), Wis. Stats., considering employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility. Common Council Minutes 5 September 22, 2020 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 Hammel seconded. Motion carried 7 in favor. OPEN SESSION Alderperson Kapusta moved to reconvene into Open Session. Alderperson Hammel seconded; motion carried. ADJOURNMENT Alderperson Kapusta made a motion to adjourn at 7:35 p.m. Alderperson Hammel seconded; motion carried. Minutes taken and transcribed by Christine Crisp.