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CCM04272021CITY OF MUSKEGO Approved COMMON COUNCIL MINUTES April 27, 2021 6:00 PM Muskego City Hall W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:14 p.m. ROLL CALL u�c4 of MVSKEGO Present: Alderpersons Wolfe, Hammel, Engelhardt, Kubacki, and Madden. Also present: City Attorney Warchol, Public Works & Development Director Kroeger, Lead Planner Trzebiatowski, and Administrative Assistant Crisp. Absent: Alderpersons Terrence and Kapusta. PUBLIC MEETING NOTICE Ms. Crisp stated that the meeting was noticed in accordance with the open meeting law. The Common Council went directly to the Public Hearing item on the Agenda. PUBLIC HEARING Ms. Crisp read the notice to consider the petition of Mike Kaerek of Kaerek Homes, Inc. to rezone property known as part of Tax Key Numbers MSKC 2211.996.002 and MSKC 2211.997 located on Durham Drive and Priegel Drive from RC-2 - Country Residence District and SW - Shoreland Wetland District to PD - Planned Development District (based on RS -2 - Multiple Family Residence District and SW - Shoreland Wetland District) for the purpose of allowing a future single-family subdivision. Planner Trzebiatowski stated that the petitioner is proposing a 45.5-acre development for 45 single family homes and five outlots. Petitioner is asking for a few zoning waivers: minimum average lot width of 100 feet (110 feet is typical in the standard RS-2 District), front setback of 30 feet (40 feet is typical in the standard RS-2 District), side yard offsets of 15 feet on both sides (15 feet on one side and 20 feet on the opposite side is typical in the standard RS-2 District), and rear offset of 25 feet (20 feet is typical in the standard RS-2 District). No one present requested to speak. Mayor Petfalski declared the hearing closed at 6:19 p.m. Mayor Petfalski Recessed the Common Council Meeting at 6:19 p.m. to finish the Committee of the Whole Meeting. The Common Council Meeting reconvened at 7:20 p.m. to continue with the remaining Agenda items movina to the Consent Aaenda. POSSIBLE RECONSIDERATION Resolution #034- 2021 - Denial of Claims (Matthew & Danielle McCarroll, Trish Krocker, Michael & Sherri Hallmann, Richard & Virginia Randa, Michael & Susan Hauke, Michael & Jean Reitz) During the discussion at the Committee of the Whole, it was unanimously decided that the Resolution would not be reconsidered. Common Council Minutes April 27, 2021 CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson Engelhardt seconded; motion carried. The following were approved: Common Council Minutes - March 23, 2021 and April 20, 2021 An Operator License for Lauren Busalacchi, Samantha Danowski, April Donner, Juston Edwards, Rachel Falkowski, Danielle Knutson, Laurie Kontney, Jodi Miller, Therese Missiaen, Lisa Murray, Kristin Rydzik, and Nicole Talakowski. Resolution #036-2021 - Appointment of Citizen Members to Various Boards, Committees and Commissions Resolution #037-2021 - Resolution Declaring May 8, 2021 as World Migratory Bird Day Resolution #038-2021 - Appointment of Alderpersons to Various Boards and Committees Resolution #039-2021 - Approval of Certified Survey Map - Kaerek Resolution #040-2021 - Declaring Certain Weeds to be Noxious Resolution #041-2021 - Appointment of Weed Commissioner for the City of Muskego Resolution #042-2021 - Acceptance of Offer to Purchase from Sylwia Enerson for City Property on Woods Road Resolution #043-2021 - Approval of Cobblestone Meadows Storm Water Maintenance Agreement (SWMA) Resolution #044-2021 - Approval of Green Solutions Funding Agreement with Milwaukee Metropolitan Sewerage District (MMSD) for Little Muskego Lake Access #9 Resolution #045-2021 - Approval of Agreement between the Water Bugs Ski Team, Inc. and City of Muskego for Pier Placement, Water Ski Jump, and Show Events at Idle Isle Resolution #046 -2021 - Approval of Developer's Agreement with DCEN LLC for the Denoon Country Estates North Subdivision Resolution #047-2021 - Award of Bid - Park Arthur Fields #1, #2 and #3 Mayor Petfalski requested to lump to the Closed Session item on the Agenda. CLOSED SESSION Alderperson Engelhardt made a motion to convene into Closed Session pursuant to the following: 2 Common Council Minutes April 27, 2021 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 to: 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. 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 Kubacki seconded. Motion carried 5 in favor. The Common Council Meetina reconvened to complete the Aaenda items at 8:05. OPEN SESSION 3 Alderperson Kubacki made a motion to reconvene into Open Session. Alderperson Hammel seconded. Motion carried. PUBLIC COMMENT None COMMUNICATIONS FROM THE MAYOR'S OFFICE Proclamation - Fair Housing Month Proclamation - Arbor Day NEW BUSINESS REVIEW OF COMMITTEE REPORTS Plan Commission Minutes - March 2, 2021 Finance Committee - March 9, 2021 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1457 - An Ordinance to Amend the Zoning Map of the City of Muskego (Kaerek - RC-2 and SW to PD) Ordinance #1458 - An Ordinance to Amend Chapter 278, Section 278-19 and to Add Section 278- 20 of the Municipal Code of the City of Muskego (Public Waters and Beaches/Hours for Lake Access) Common Council Minutes 4 April 27, 2021 Ordinance #1459 - An Ordinance to Amend Chapter 259, Section 259.1, of the Municipal Code of the City of Muskego (Parks and Recreation Facilities/Definitions) LICENSE APROVAL Approval of a Class A Dance Hall License and "Class B" License to Sell Fermented Malt Beverages and Intoxicating Liquor for Muskego Golf LLC, S100 W14029 Loomis Road, dba Muskego Lakes Country Club Alderperson Hammel moved to approve. Alderperson Madden seconded; motion carried. Approval of Outside Dance Permits for Tail Spin, S64 W 18295 Martin Drive, as follows: • Thursday, May 6, 2021 - 6:30 pm to 9:30 pm • Sunday, May 9, 2021 - 2:30 pm to 7:00 pm Amend the Licensed Premise as follows: • Thursday, May 6, 2021 - 6:30 pm to 9:30 pm • Sunday, May 9, 2021 - 11:00 am to 7:00 pm The above are subject to review and approval by the Plan Commission for outdoor activities. Alderperson Kubacki moved to approve. Alderperson Hammel seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Kubacki made a motion to approve Utility Vouchers in the amount of $10,781.64. Alderperson Madden seconded; motion carried. Tax Vouchers Alderperson Kubacki made a motion to approve Tax Vouchers in the amount of $22,880.00. Alderperson Wolfe seconded; motion carried. General Fund Vouchers Alderperson Kubacki made a motion to approve General Fund Vouchers in the amount of $239,529.86. Alderperson Hammel seconded; motion carried. CITY OFFICIALS' REPORT None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Updates from Aldermanic Liaisons Muskego Senior Taxi — Alderperson Wolfe Muskego Festival Committee — Alderperson Hammel Muskego Historical Society — Alderperson Kapusta Little Muskego Lake District — Alderperson Engelhardt stated that LML is delaying its meeting for one week for May. Advanced Disposal Services Emerald Park Landfill Standing Committee — Alderperson Madden Mayor Petfalski handed out the new Committee List showing new appointments. Common Council Minutes April 27, 2021 FUTURE AGENDA ITEMS 5 Ald. Wolfe requested an update on the Old Police Department. Mayor Petfalski said that some staff had a walk through with a potential contractor in order to learn what could be done with the building. There will be a future COW to discuss. Ald. Wolfe asked for an update on the old Parkland Mall site. Mayor Petfalski stated that once we get more clarification on stimulus money (about $2.4 million) that we are getting he will bring it forward to a future COW to discuss what we can spend it on/recommendations. ADJOURNMENT Alderperson Engelhardt made a motion to adjourn at 8:17 p.m. Alderperson Madden seconded; motion carried. Minutes taken and transcribed by Christine Crisp.