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CCM20210914CITY OF MUSKEGO APPROVED COMMON COUNCIL MINUTES ieIVIAL. September 14, 2021LTSKE�� 6:00 PM tV�..�.�Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:07 pm. ROLL CALL Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki, and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Lead Planner Trzebiatowski, Police Chief Westphal, Sergeant Monreal, Finance Director Mueller, Assistant Finance Director Mustapich, Library Director Larson, IT Director Loudon, Deputy Clerk Blenski and Assistant Deputy Clerk Roller. STATEMENT OF PUBLIC NOTICE The Assistant Deputy Clerk stated the meeting was noticed in accordance with the open meeting law. PUBLIC HEARING Mayor Petfalski read the notice to consider the petition of John Marek to rezone property known as Tax Key No. 2299.992.006 located at S81 W20871 Russet Court from RS-1 — Suburban Residence District to RS-2 Suburban Residence District for the purpose of allowing a future single-family subdivision. Lead Planner Trzebiatowski explained that the public hearing was initially scheduled to be held last month. Due to a power outage experienced by the Waukesha Freeman, one of the required public hearing notices was not published. As a result, the public hearing process had to start over. This has pushed back the developer's timeline. The City's Municipal Code did allow the Plan Commission to review the rezoning petition prior to the public hearing being held. Mr. Trzebiatowski stated that the Plan Commission did tentatively recommend approval. However, the issue would go back to the Plan Commission if any new comments or concerns were expressed at tonight's public hearing. Mr. Trzebiatowski stated the developer is proposing 10 single family lots and one outlot. The developer believes the rezoning increases the number of lots from 8 to 10. The following spoke with concerns regarding the rezoning: Dan Fifield, S81 W20845 Russet Ct. Dan is concerned the drainage will have nowhere to go with all the new pavement, and that he will lose some of his front road since he believes the road will need to be made wider. • Nick Wegner, W208 S8119 Hillendale. Nick objects to the rezoning. He purchased his home 11 years for the conservation because he is a deer hunter. Prior to purchasing the property, he confirmed with the City of Muskego he was allowed to discharge a firearm. The rezoning will reduce his area for hunting, and that infringes upon his rights. He also objects to filling in the wetland area. • Tenille Goodhue, W208 S8241 Hillendale. Tenille stated her major concern is the issue with water. Currently there are areas of her property which she is unable to use because of other developments and road improvements in the past causing water issues. The density of the proposed development is also a concern. Common Council Minutes September 14, 2021 • Robert Czerwinski, W208S8151 Hillendale. Robert's concern is the amount of water that will flow into his driveway if the wetlands are filled in. He is already addressing issues when it fills up. Mayor Petfalski declared the public hearing closed at 6:26 pm. At 6:27 pm, Mayor Petfalski requested the Common Council recess to reconvene the Committee of the Whole meeting. The Common Council meeting reconvened at 6:59 pm following adjournment of the Committee of the Whole. PUBLIC COMMENT None COMMUNICATIONS FROM THE MAYOR'S OFFICE None CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson Wolfe seconded; motion carried. The following items were approved: • August 24, 2021 Common Council Minutes • An Acquisition Contract and Authorize Signatures for Budget Approved Expenditures Over $50,000.00 - Carpet Installation at Muskego Public Library ($119,554.00) • Resolution #078-2021 — Approval of a Two -Lot Extraterritorial Certified Survey Map for the Kintop Property Located in the Town of Norway. • Resolution #079-2021 — Resolution of Eligibility for Exemption from the County Library Tax Levy for 2022 • Resolution #080-2021 — Approval of Bond Reduction for Home Path Financial LP (Cobblestone) • Resolution #081-2021 — Approval of Letter of Credit Reduction for PEGARL LLP • Resolution #082-2021 — Re -Approval of a Certified Survey Map and Condominium Plat - Cobblestone Meadows Development • Resolution #083-2021 - Re -Approval of a Certified Survey Map - Home Path Financial UNFINISHED BUSINESS Resolution #029-2021 - Establishing Traffic Regulations (No Parking Signs - Park Drive). On the floor, deferred March 23, 2021. Several Council members discussed that there have been no issues this summer to warrant the No Parking Signs. Motion defeated with 7 voting no. NEW BUSINESS None REVIEW OF COMMITTEE REPORTS Parks and Conservation Committee - October 19, 2020 Plan Commission - July 15, 2021 and August 3, 2021 Common Council Minutes September 14, 2021 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES ARE WAIVED Ordinance #1463 - An Ordinance to Amend the Zoning Map of the City of Muskego (Marek/Russet Court - RS-1 to RS-2) Mayor Petfalski stated that several of the issues that were brought up have nothing to do with rezoning the property. Planner Trzebiatowski noted that storm water rules are very strict. Any water and drainage issues will have to be addressed. A new development can often improve existing problems. The DNR has jurisdiction regarding filling of wetlands. The size of the lots for the proposed development is 20,000 square feet compared to 30,000 square feet in the Fireside Orchard Subdivision. There were no objections to allow the developer, John Marek, to address the Council. Mr. Marek responded to the the concerns expressed at the Public Hearing. The Mayor further stated that the rezoning would not impact Mr. Wegener's ability to hunt on his property. His available hunting land will be decreased when the property is developed with or without the rezoning. Mr. Wegner requested to address the Council in response to Mr. Marek's comments. There was no objection. He objects to the developer filling in the wetlands. He also believes there is a big difference between a '/z acre lot and a lot that is 3/4 of an acre. LICENSE APPROVAL Approval of Outside Dance Permit for Tail Spin Bar, S64 W18295 Martin Drive, as follows: • Thursdays, September 16, 23, & 30, October 7, 14, 21, & 28 of 2021 - 6:30 pm to 9:30 pm (Music/Comedy) • Saturday, October 16, 2021 - 12:00 pm - 11:00 pm (Fall Fest) Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Alderperson Kubacki moved to approve Utility Vouchers in the amount of $65,820.00. Alderperson Madden seconded; motion carried. Alderperson Kubacki moved to approve General Fund Vouchers in the amount of $808,167.60. Alderperson Hammel seconded; motion carried. Alderperson Kubacki moved to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $363,870.82. Alderperson Madden seconded; motion carried. CITY OFFICIALS' REPORTS None COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW None ADJOURNMENT Alderperson Wolfe moved to adjourn at 7:25 pm. Alderperson Terrence seconded; motion carried. Minutes taken and transcribed by Kerri Roller, Assistant Deputy Clerk.