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CCM.2022.06.14 DRAFTCITY OF MUSKEGO COMMON COUNCIL MINUTES June 14, 2022 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:10 pm. ROLL CALL UNAPPROVED \ Cry of M USKEGO Present: Alderpersons Madden, Kubacki, Schroeder, Kapusta, Terrence, Wolfe. Also present: Public Works & Development Director Kroeger, Utilities Supervisor Kloskowski, Attorney Warchol, Deputy Clerk Roller and Assistant Deputy Clerk Treasurer Pulles. Absent: Hammel STATEMENT OF PUBLIC NOTICE Deputy Clerk Roller stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT • Mr. Nick Pye, S64W18466 Topaz Dr, spoke in favor of Tail Spin having outside music. • Mr. Brian Leair, S64W18322 Martin Dr., spoke against Tail Spain having outside music. COMMUNICATIONS FROM THE MAYOR'S OFFICE • Budget Timeline No action taken. LDepartment of Public Works and Utilities Summer Hours o action taken. CONSENT AGENDA Alderperson Wolfe requested to remove Resolution #047-2022. Alderperson Kubacki requested to remove Resolution #054-2022. Alderperson Kubacki moved to approve the remaining items under Consent Agenda, not including Resolution Numbers 047-2022 and 054-2022; Alderperson Wolfe seconded. Motion carried. • Approval of Common Council Meeting Minutes - May 24, 2022 • Resolution #046-2022 - Resolution to Establish an Annual Permit Fee for Mobile Food Vendors • Resolution #048-2022 - Approval of a Two -Lot Certified Survey Map for Robert and Jessica Kleugard (Kohne) • Resolution #049-2022 - Approval of a Two -Lot Certified Survey Map for David Helm (Switala) • Resolution #050-2022 - Resolution to Approve Agreement to Transfer Ownership of the Electrical Service Located Within Veterans Memorial Park • Resolution #051-2022 - Approval of the Muskego Senior Housing Storm Water Management Practice Maintenance Agreement (SWMA) • Resolution #052-2022 - Approval of the Glen at Muskego Lakes Storm Water Management Practice Maintenance Agreement (SWMA) • Resolution #053-2022 - Approval of the North Cape Real Estate LLC Storm Water Management Practice Maintenance Agreement (SWMA) • Resolution #055-2022 - Resolution Combining Wards for Election Purposes Common Council Minutes 6/14/22 2 Alderperson Kubacki moved to approve Resolution #047-2022 - Resolution to Approve Three Water Utility Policies. Alderperson Terrence seconded the motion. Public Comment: • Daniel Zidek, S70W14895 Dartmouth Cir spoke against the Water Services Agreement time frame of 15 years. Alderperson Wolfe made a motion to Amend the Private Water Trust Connection Policy so that if full water main replacements are required, the responsibility of the property owner would be 100% at year 1, 80% at year 2, 60% at year 3, 40% at year 4, and 20% at year 5. Alderperson Kapusta seconded the motion. Comments were heard by the following persons: • Jose Vose, S74W14151 Settler Way • Homero Noboa, S69W 14820 Cornell Cir • James Brandt, S70W 14963 Dartmouth Cir • Kristin Rudy, S70W14898 Dartmouth Cir Council Members had a discussion concerning the above motion to amend. Roll call vote taken; motion to amend failed with 4 against, 2 in favor. Alderperson Schroeder made a motion to defer the original motion to the next Common Council meeting on June 28, 2022 so that Alderperson Hammel could be present due to the fact that this issue affects his district. Alderperson Kapusta seconded. Motion carried. Alderperson Kubacki made a motion to approve Resolution #054-2022 - Approval of Various License Applications for the City of Muskego for the Period July 1, 2022 - June 30, 2023. Alderperson Madden seconded. The Alderpersons had a discussion; they would like to see standard outdoor times set for all establishments. The consensus was to allow establishments that had premise descriptions which included an outdoor patio/seating to be allowed to have alcohol outdoors during these times only: Sundays - 9 am to 10 pm; Mondays through Thursdays - 11 am to 10 pm; Fridays and Saturdays - 9 am to midnight. Discussion continued regarding the separate issue of hours for outside dance/music permits. The consensus was to mirror the same hours as the premise descriptions for allowing alcohol outdoors. Alderperson Madden moved to amend the Resolution so that all of the license applications concerning the hours for outside patio/seating, if any (as noted on the application in the premise description) as well as the hours for outside dance/music permits are to be as follows: Sundays - 9 am to 10 pm; Mondays -Thursdays - 11 am to 10 pm; Fridays and Saturdays - 9 am to midnight. Alderperson Wolfe seconded. Motion carried. No further discussion on the motion as amended. Voice vote taken; motion carried with 6 in favor of the motion as amended. NEW BUSINESS None. LICENSE APPROVAL Approval of Amendment to Licensed Premise to AJ's Business Corp (d/b/a AJ's Bar & Grill) located at S90W13970 Boxhorn Drive as a permanent extension. No discussion. Roll call vote taken; motion carried with 6 in favor. Approval for Outside Dance Permit to Pops Pub on Pioneer LLC (d/b/a Pop's Pub On Pioneer) located at W 180S7808 Pioneer Dr. for the following dates: Mondays - Thursdays, June 15, 2022 to June 30, Common Council Minutes 6/14/22 3 2022 from 11 am - 9:30 pm; Fridays, Saturdays, & Sundays, June 17, 2022 to June 26, 2022 from 11 am to 10:30 pm Alderperson Kubacki moved to approve; Alderperson Madden seconded. Motion carried. Approval of Outside Dance Permit for Eagle Trace Brewing Company LLC (d/b/a Eagle Park Brewing), S64W15640 Commerce Center Parkway for Saturday, June 18, 2022 (10:00 am - 8:00 pm) Alderperson Kubacki moved to approve; Alderperson Madden seconded. Motion carried. REVIEW OF COMMITTEE REPORTS Finance Committee Minutes from May 10, 2022 No action taken. Plan Commission Minutes from May 3, 2022 No action taken. Parks & Conservation Committee Minutes from October 18, 2021 No action taken. VOUCHER APPROVAL Alderperson Kubacki moved to recommend approval of Utility Vouchers in the amount of $81,793.16; Alderperson Madden seconded. Motion carried. Alderperson Kubacki moved to recommend approval of General Fund Vouchers in the amount of $857,737.76; Alderperson Terrence seconded. Motion carried. Alderperson Kubacki to recommend approval of Wire Transfers for Payroll/Invoice Transmittals in the amount of $735,469.14; Alderperson Kapusta seconded. Motion carried. CITY OFFICIALS' REPORTS None. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None. CLOSED SESSION Alderperson Kubacki made a motion to convene into Closed Session pursuant to the following: Claim filed against the City of Muskego by Village of Muskego Lakes Partnership for alleged breach of REC Agreement and to take such further action as may be appropriate with respect to such matters. Alderperson Wolfe seconded. Roll call vote; motion carried with 6 in favor. Mayor Petfalski stated the Council will only go back into Open Session to adjourn the meeting. OPEN SESSION Alderperson Wolfe made a motion to reconvene into Open Session; Alderperson Terrence seconded. Motion carried. FUTURE AGENDA ITEMS None. ADJOURNMENT Alderperson Schroeder moved to adjourn at 7:56 p.m. Alderperson Terrence seconded; motion carried. Minutes taken and transcribed by Deputy Clerk Roller.