COMMON COUNCIL Packet - 2/12/2019CITY OF MUSKEGO
COMMON COUNCIL AGENDA
02/12/2019
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Announcements
PUBLIC COMMENT
CONSENT AGENDA
Approve Acquisition Contracts and Authorize Signatures for Budget Approved
Expenditures Over $50,000 - DPW Purchase of 2020 Lakeside International Truck and
Plow and Wing for a Total of $191,601.00
Approval of Operator Licenses
Approval of Common Council Minutes - January 22, 2019
Resolution #014-2019 - Approval of a Certified Survey Map - Guhr
Resolution #015-2019 - Approval of a Four-Lot Certified Survey Map - Amann
Resolution #016-2019 - Approval of a Three-Lot Certified Survey Map - Amann
Resolution #017-2019 - Approval of Muskego Community Festival, Inc. and City of
Muskego Lease Agreement for the Veteran's Memorial Park Pavilion
Resolution #018-2019 - Determination of Nonsubstantial Change to the Approved
Basse/Will Rose Apartments Planned Development
Resolution #019-2019 - Approval of Reduction of Letter of Credit for Edgewater Heights
Phase II Subdivision
NEW BUSINESS
REVIEW OF COMMITTEE REPORTS
Plan Commission - January 8, 2019
Finance Committee - January 8, 2019Packet Page 1
Common Council Agenda 2
2/12/2019 6:00:00 PM
VOUCHER APPROVAL
VOUCHER REPORT
Utility Vouchers
Tax Vouchers
General Fund Vouchers
Wire Transfers for Payroll/Invoice Transmittals
CITY OFFICIALS' REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Updates from Aldermanic Liaisons:
Muskego Senior Taxi - Alderperson Borgman
Muskego Festival Committee - Alderperson Wolfe
Muskego Historical Society - Alderperson Madden
Little Muskego Lake District - Alderperson Engelhardt
Advanced Disposal Services Emerald Park Landfill Standing Committee -
Alderperson Madden
CLOSED SESSION
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: review and discussion regarding Chapter 294 of
the Municipal Code - Sex Offenders and to take such further action as may be necessary
and appropriate with respect to such matters.
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.
OPEN SESSION
FUTURE AGENDA ITEMS
ADJOURNMENT
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Common Council Agenda 3
2/12/2019 6:00:00 PM
NOTICE
IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF
THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION
WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL
BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.
ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED
INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS
SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100.
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CITY OF MUSKEGO
Staff Report to Common Council
_____________________________________________________________________________________
To: Common Council
From: Ryan Beilfuss, Superintendent of Public Works
Subject: Purchase of 2020 International Truck and Wausau Plow and Wing
Date: February 4, 2019
Actual cost for 2020 International Truck purchased from Lakeside International LLC was a total
of $ 97,789.00 and the Plow and Wing from Wausau Equipment at a cost of $ 93,812.00 for a
total of price
$ 191,601.00.
The budgeted amount for the total purchase was $ 200,000.00.
The total came in at $ 8,399.00 under budget.
Recommendation for Action by Council:
Approval of the purchase of a 2020 Lakeside International LLC and Plow and wing from
Wausau Equipment totaling $ 191,601.00
100.07.51.07.6504
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Approve Acquisition Contracts and Authorize Signatures...
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OPERATOR LICENSE APPROVALS
COMMON COUNCIL – 02/12/2019
Frederick Taylor
Jodie Kennedy
Andrew Langen
Sarah Newkirk
Angela Thieme
T:\Departments\FinanceAdmin\Clerk\Licenses\Oper Lic Approval Lists\2019
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Approval of Operator Licenses
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Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
January 22, 2019
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:02 p.m.
ROLL CALL
Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and
Madden as well as Deputy Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open
meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE - None
PUBLIC COMMENT – No one registered to speak.
CONSENT AGENDA
Mayor Chiaverotti removed Resolution #011-2019 from Consent. Alderperson
Madden moved to approve the remaining items. Alderperson Engelhardt
seconded. Motion carried 7 in favor. The following were approved:
Operator License for Kayla Nohelty
Bobcat Compact Track Loader – $57,570.21
Common Council Minutes – December 11, 2018 and January 8, 2019
Resolution #012-2019 – Reduction of Letter of Credit for 4Front Engineered
Solutions, Inc.
Resolution #013-2019 – Dedication and Acceptance of Improvements for 4Front
Engineered Solutions, Inc.
NEW BUSINESS
Resolution #011-2019 – Resolution to Establish an Annual Parking Pass for Idle
Isle. Alderperson Kubacki moved to approve. Alderperson Madden
seconded. Mayor Chiaverotti suggested eliminating the over age 60 discount
($15/vehicle). There would then be only two types of passes (Resident and
Nonresident) making it easier for staff and park visitors. Alderman Engelhardt
proposed a discount if a pass is desired for additional vehicles. The pass cannot
be transferred from one vehicle to another. Following discussion, Resolution
#011-2019 was adopted with 7 in favor.
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Approval of Common Council Minutes - January 22, 2019
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Common Council Minutes 2
January 22, 2019
REVIEW OF COMMITTEE REPORTS
Finance Committee – December 11, 2018
LICENSE APPROVAL
Approval of New Agent (Todd Glaser) for “Class A License held by Ultra Mart
Foods, LLC dba Pick ‘N Save. Alderperson Kubacki moved to approve.
Alderperson Madden seconded. Motion carried 7 in favor.
Approval of Temporary License to Sell Wine - Special Olympics of
Wisconsin/Muskego Polar Plunge - February 10, 2019 to be held at Muskego
County Park. Alderperson Kapusta moved to approve. Alderperson
Hammel seconded. Motion carried 7 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount
of $399,590.92. Alderperson Madden seconded. Motion carried 7 in favor.
Tax Vouchers
Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of
$36,713.53. Alderperson Madden seconded. Motion carried 7 in favor.
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the
amount of $578,216.80. Alderperson Kapusta seconded. Motion carried 7 in
favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to approve Wire Transfers for
Payroll/Invoice Transmittals in the amount of $357,242.55. Alderperson
Madden seconded. Motion carried 7 in favor.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Updates from Aldermanic Liaison Rob Wolfe. Alderperson Wolfe read several
comments from the Muskego Festival Committee.
ADJOURNMENT
Alderperson Madden made a motion to adjourn at 6:23 p.m. Alderperson
Borgman seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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Approval of Common Council Minutes - January 22, 2019
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #014-2019
APPROVAL OF CERTIFIED SURVEY MAP
Guhr
WHEREAS, A certified survey map was submitted by Roger Guhr to finalize a two-lot
land division located at S99 W20215 Parker Drive (Tax Key Number 2275.999); and
WHEREAS, The Plan Commission adopted Resolution #P.C. 002-2019 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
certified survey map to finalize a two-lot land division for the Guhr property located on
Parker Drive subject to the conditions outlined in Resolution #P.C. 002-2019.
BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required
by Section 392.13 of the Land Division Ordinance, any special assessments which may
be due, payment of any unpaid taxes, and approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be
submitted to the City in accordance with Common Council Ordinance #1118 and
Resolution #196-2002.
DATED THIS 12TH DAY OF FEBRUARY, 2019.
SPONSORED BY:
Ald. Kevin Kubacki
This is to certify that this is a true and accurate copy of Resolution #014-2019 which
was adopted by the Common Council of the City of Muskego.
________________________________
Clerk-Treasurer
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City of Muskego
Plan Commission Supplement PC 002-2019
For the meeting of: February 5, 2019
REQUEST: Two (2) Lot Land Division
S99 W20215 Parker Drive / Tax Key No. 2275.999
SW ¼ of Section 29
PETITIONER: Roger Guhr
INTRODUCED: February 5, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 002-2019
The petitioner is proposing a land division creating two lots by Certified Survey Map. The proposed lots
are 589,018 SF (13.5 acres) and 1,179,037 SF (27.0 acres) in size. There also is a remnant lot that is not
included as part of this CSM since it is over twenty (20) acres in size and since it is not intended to be
developed any further at this time.
PLAN CONSISTENCY PC 002-2019
Comprehensive Plan: The 2020 Plan depicts the area for low density residential uses (0.5 –
0.99 units/acre). The proposal for a single-family/agricultural land split is
consistent with the Plan.
Zoning: The property is zoned A-1 Agricultural District, which requires a
minimum lot size of 120,000 square feet and average lot width of 300
feet. The proposal is consistent with the Plan.
Parks and Conservation Plan: The 2017-2021 Plan does not depict any park or conservation areas on
this property. A trail is shown as a distant priority along Kelsey Drive.
Street System Plan: All required right-of-way is being dedicated as required. The proposal is
consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
All lots will be served by municipal sanitary sewer, unless a waiver is
granted from the Public Works Committee. The developer will need to
extend sewer to all lots within the CSM since this property is located
partially within the Norway Sewer Service Area. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
The lots will be served by private water wells. The proposal is consistent
with the Plan.
Stormwater Management
Plan:
A grading plan will need to be submitted in the future when building
permits are applied for.
DISCUSSION PC 002-2019
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Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to be addressed before the CSM can be signed by the City and recorded.
One of the more important items that needs to be completed as part of this project is the extension of
municipal sanitary sewer at the developer’s expense. The sanitary sewer extension will service the two
lots that are part of the CSM, along with needing to be extended to the furthest extent of the development.
This public utility extension may also need to have easements placed over them depending on the exact
design. As is noted above, if the developer wanted to ask for any type of waiver for this requirement, they
would need to do so through the Public Works Committee.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Planning and Engineering Divisions. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 002-2019
Approval of Resolution PC 002-2019
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RESOLUTION #P.C. 002-2019
APPROVAL OF A TWO LOT CERTIFIED SURVEY MAP FOR THE GUHR
PROPERTY LOCATED AT S99 W20215 PARKER DRIVE / TAX KEY NO. 2275.999
WHEREAS, A Certified Survey Map (CSM) was submitted by Roger Guhr for a two (2) lot land division
located at S99 W20215 Parker Drive / Tax Key No. 2275.999, and
WHEREAS, The proposed lots are 589,018 SF (13.5 acres) and 1,178,037 SF (27.0 acres) in size, and
WHEREAS, The property is zoned A-1 Agricultural District, which requires a minimum lot size of 120,000
square feet and average lot width of 300 feet per lot, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for low density residential use and the
proposal is consistent with the plan, and
WHEREAS, The lots needs be serviced by municipal sanitary sewer since a portion of this property is
located within the Norway Sewer Service Area, unless a waiver is granted by the Public Works Committee,
and
WHEREAS, All lot will be served with private water wells, and
WHEREAS, Any required public utilities extensions will need to be designed, installed, and paid for by the
developer, and
WHEREAS, There is a remnant lot that is not included as part of this CSM since it is over twenty (20) acres
in size and since it is not intended to be developed any further at this time.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Roger Guhr for a two (2) lot land division located at S99 W20215 Parker Drive / Tax Key No. 2275.999
subject to resolution of technical discrepancies as identified by the City Engineers, and payment of all
applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, Soil borings/tests must be conducted to determine the highest anticipated
seasonal ground water level and reports of the findings must be provided to the City for review.
BE IT FURTHER RESOLVED, Easements may need to be established to protect any required public utility
extensions.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: February 5, 2019
Defeated:
Deferred:
Introduced: February 5, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #015-2019
APPROVAL OF A FOUR-LOT CERTIFIED SURVEY MAP
Amann
WHEREAS, A certified survey map was submitted by Gregg Schmidt to finalize a four-
lot land division located at S110 W20770 South Denoon Road (Tax Key Number
2284.995); and
WHEREAS, The Plan Commission adopted Resolution #P.C. 003-2019 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
certified survey map to finalize a four-lot land division for the Amann property located on
South Denoon Road subject to the conditions outlined in Resolution #P.C. 003-2019.
BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required
by Section 392.13 of the Land Division Ordinance, any special assessments which may
be due, payment of any unpaid taxes, and approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be
submitted to the City in accordance with Common Council Ordinance #1118 and
Resolution #196-2002.
DATED THIS 12TH DAY OF FEBRUARY, 2019.
SPONSORED BY:
Ald. Kevin Kubacki
This is to certify that this is a true and accurate copy of Resolution #015-2019 which
was adopted by the Common Council of the City of Muskego.
________________________________
Clerk-Treasurer
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RESOLUTION #P.C. 003-2019
APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE AMANN
PROPERTY LOCATED AT S110 W20770 S. DENOON ROAD / TAX KEY NO. 2284.995
WHEREAS, A Certified Survey Map (CSM) was submitted by Gregg Schmidt for a four (4) lot land division
located at S110 W20770 S. Denoon Road / Tax Key No. 2284.995, and
WHEREAS, The proposed lots range in size from size from 24,970 square feet (0.57 acres) to 153,496
square feet (3.52 acres), and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
20,000 SF with a minimum average width of 110 feet per lot, when sewered, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is consistent with the plan, and
WHEREAS, All lots will be serviced by municipal sanitary sewer and private water wells, and
WHEREAS, Lot 4 is being re-divided via a separate CSM under #P.C. 004-2019 into three (3) additional
lots.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Gregg Schmidt for a four (4) lot land division located at S110 W20770 S. Denoon Road / Tax Key No.
2284.995, subject to resolution of technical discrepancies as identified by the City Engineers, and payment
of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, No lake access is allowed to the lots that do not directly have frontage along
Lake Denoon.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: February 5, 2019
Defeated:
Deferred:
Introduced: February 5, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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RESOLUTION #P.C. 003-2019
APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE AMANN
PROPERTY LOCATED AT S110 W20770 S. DENOON ROAD / TAX KEY NO. 2284.995
WHEREAS, A Certified Survey Map (CSM) was submitted by Gregg Schmidt for a four (4) lot land division
located at S110 W20770 S. Denoon Road / Tax Key No. 2284.995, and
WHEREAS, The proposed lots range in size from size from 24,970 square feet (0.57 acres) to 153,496
square feet (3.52 acres), and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
20,000 SF with a minimum average width of 110 feet per lot, when sewered, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is consistent with the plan, and
WHEREAS, All lots will be serviced by municipal sanitary sewer and private water wells, and
WHEREAS, Lot 4 is being re-divided via a separate CSM under #P.C. 004-2019 into three (3) additional
lots.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Gregg Schmidt for a four (4) lot land division located at S110 W20770 S. Denoon Road / Tax Key No.
2284.995, subject to resolution of technical discrepancies as identified by the City Engineers, and payment
of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, No lake access is allowed to the lots that do not directly have frontage along
Lake Denoon.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: February 5, 2019
Defeated:
Deferred:
Introduced: February 5, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #016-2019
APPROVAL OF A THREE-LOT CERTIFIED SURVEY MAP
Amann
WHEREAS, A certified survey map was submitted by Gregg Schmidt to finalize a three-
lot land division located at S110 W20770 South Denoon Road (Tax Key Number
2284.995); and
WHEREAS, This is a redivision of Lot 4 from the certified survey map approved with the
adoption of Resolution #015-2019;
WHEREAS, The Plan Commission adopted Resolution #P.C. 004-2019 recommending
approval.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby approve the
certified survey map to finalize a three-lot land division for the Amann property located
on South Denoon Road subject to the conditions outlined in Resolution #P.C. 004-2019.
BE IT FURTHER RESOLVED That this approval is subject to receipt of all fees required
by Section 392.13 of the Land Division Ordinance, any special assessments which may
be due, payment of any unpaid taxes, and approval of the City Engineer.
BE IT FURTHER RESOLVED That a digital file of this certified survey map shall be
submitted to the City in accordance with Common Council Ordinance #1118 and
Resolution #196-2002.
DATED THIS 12TH DAY OF FEBRUARY, 2019.
SPONSORED BY:
Ald. Kevin Kubacki
This is to certify that this is a true and accurate copy of Resolution #016-2019 which
was adopted by the Common Council of the City of Muskego.
________________________________
Clerk-Treasurer
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City of Muskego
Plan Commission Supplement PC 004-2019
For the meeting of: February 5, 2019
REQUEST: Three (3) Lot Land Division
S110 W20770 S. Denoon Rd. / Tax Key No. 2284.995
SE ¼ of Section 31
PETITIONER: Gregg Schmidt
INTRODUCED: February 5, 2019
LAST AGENDA: February 5, 2019
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 004-2019
The petitioner is proposing to divide one lot to create three lots by Certified Survey Map. The proposed
lots range in size from 28,742 square feet (0.66 acres) to 66,086 square feet (1.51 acres). This is a
redivision of Lot 4 from the previous Schmidt CSM reviewed under #P.C. 003-2019.
PLAN CONSISTENCY PC 004-2019
Comprehensive Plan: The 2020 Plan depicts the area for medium density residential uses (1-
2.99 units/acre). The proposed concept is consistent with the Plan.
Zoning: The property is zoned RS-2 – Suburban Residence District. This zoning
requires minimum lot sizes of 20,000 SF and an average lot width of
110’, when serviced by municipal sanitary sewer. All lots are also
required to have at least 80 feet of frontage/access land on a dedicated
right-of-way.
Parks and Conservation Plan:The 2017-2021 Plan does not depict any park or conservation areas on
this property.
Street System Plan: Right-of-way is being dedicated as required as part of this CSM. The
proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area: All lots will be served by municipal sanitary sewer. The developer will
need to provide sewer service to all lots within the CSM. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
The lots will be served by private water wells. The proposal is consistent
with the Plan.
Stormwater Management
Plan:A grading plan will need to be submitted as part of the division.
DISCUSSION PC 004-2019
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Upon review of the CSM, the bulk requirements of the code appear to be met. There are some technical
corrections that need to be addressed before the CSM can be signed by the City and recorded.
The petitioner had submitted a conceptual six (6) lot land division for discussion at the December 2108
Plan Commission meeting to solicit comments in the overall possible land division. The Plan Commission
did not express any concerns of the land division at that time. Therefore, the Certified Survey Maps
presented mirrors the conceptual land division.
Once item stated in the Resolution is that no lake access is allowed to the lots that do not directly have
frontage along Lake Denoon, since there is no shared outlot. This is a requirement of the Zoning Code.
Staff recommends approval subject to meeting all items noted above and all technical corrections
received from the Planning and Engineering Divisions. The Resolution is drafted accordingly.
STAFF RECOMMENDATION PC 004-2019
Approval of Resolution PC 004-2019
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RESOLUTION #P.C. 004-2019
APPROVAL OF A FOUR LOT CERTIFIED SURVEY MAP FOR THE AMANN
PROPERTY LOCATED AT S110 W20770 S. DENOON ROAD / TAX KEY NO. 2284.995
WHEREAS, A Certified Survey Map (CSM) was submitted by Gregg Schmidt for a three (3) lot land division
located at S110 W20770 Denoon Road / Tax Key No. 2284.995, and
WHEREAS, This is a redivision of Lot 4 from the previous Schmidt CSM reviewed under #P.C. 003-2019,
and
WHEREAS, The proposed lots range in size from 28,742 square feet (0.66 acres) to 66,086 square feet
(1.51 acres), and
WHEREAS, The property is zoned RS-2 Suburban Residence District and requires minimum lot sizes of
20,000 SF with a minimum average width of 110 feet per lot, when sewered, and
WHEREAS, The 2020 Comprehensive Plan depicts the area for medium density residential uses and the
proposal is consistent with the plan, and
WHEREAS, All lots will be serviced by municipal sanitary sewer and private water wells.
THEREFORE BE IT RESOLVED, That the Plan Commission approves of a Certified Survey Map submitted
by Gregg Schmidt for a three (3) lot land division located at S110 W20770 S. Denoon Road / Tax Key No.
2284.995, subject to resolution of technical discrepancies as identified by the City Engineers, and payment
of all applicable fees and outstanding assessments if applicable.
BE IT FURTHER RESOLVED, No lake access is allowed to the lots that do not directly have frontage along
Lake Denoon.
BE IT FURTHER RESOLVED, All technical corrections from the City will need to be addressed before the
Certified Survey Map can be signed and recorded.
BE IT FURTHER RESOLVED, A digital file of this CSM shall be submitted to the City in accordance with
Common Council Ordinance No. 1118 and Resolution 196-2002.
Plan Commission
City of Muskego
Adopted: February 5, 2019
Defeated:
Deferred:
Introduced: February 5, 2019
ATTEST: Adam Trzebiatowski AICP, Planning Manager
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #017-2019
APPROVAL OF MUSKEGO COMMUNITY FESTIVAL, INC.
AND CITY OF MUSKEGO LEASE AGREEMENT FOR
THE VETERAN’S MEMORIAL PARK PAVILION
WHEREAS, The Muskego Community Festival, Inc. and the City of Muskego desire to
enter into a Lease Agreement for use of the Veteran’s Memorial Park Pavilion owned by
the City and located at W182 S8200 Racine Avenue, Muskego, Wisconsin; and
WHEREAS, The Finance Committee has reviewed the attached Lease Agreement and
recommended approval to the Common Council.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
the Muskego Community Festival, Inc. and City of Muskego Lease Agreement for the
Veteran’s Memorial Park Pavilion.
BE IT FURTHER RESOLVED That the Mayor and Clerk-Treasurer are hereby
authorized to sign the Agreement and the City Attorney is authorized to make
substantive changes to it as may be necessary in order to preserve the general intent
thereof.
DATED THIS 12TH DAY OF FEBRUARY , 2019.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #017-2019 which
was adopted by the Common Council of the City of Muskego.
Clerk-Treasurer
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MUSKEGO COMMUNITY FESTIVAL, INC. AND CITY OF MUSKEGO
LEASE AGREEMENT FOR THE VETERAN’S MEMORIAL PARK PAVILION
The Muskego Community Festival, Inc. (hereinafter, the “Festival Committee”) and the
City of Muskego (hereinafter, the “City”) hereby enter into this Lease Agreement for the use of
the Veteran’s Memorial Park Pavilion owned by the City and located at W182 S8200 Racine
Ave, Muskego, Wisconsin 53150.
Section One: Description of Premises
The City hereby agrees to lease to the Festival Committee and the Festival Committee
agrees to lease from the City the following described real estate.
Portion of park pavilion, described as large storage area,
NW ¼ NE ¼ Sec 16 T5N R20E EX
ELEC RR & SE ¼ NW ¼ VOL
1085/18 39.535 AC. EX VOL
813/303 EX VOL 928/257,
966/397 977/217 & 219 1005/42,
1056/618 EX HY (29.85 AC REMAINING)
VOL 1146 PG 582
DEEDS EX MUSKEGO IND PARK
& EX R 14/1079
Section Two: Term of Lease
The term of this Lease Agreement shall be for two (2) years commencing on August 1,
2018 and terminating on August 1, 2020. The Festival Committee shall not be
responsible for paying rent from August 1, 2018 through December 31, 2018 with the
first payment being due under this agreement on January 1, 2019. In the event the
Festival Committee ceases to exist during the term of this Lease, this Lease Agreement
shall terminate on the day that the City receives notice of its non-existence. In this event,
rent is due through the date that Festival Committee ceases to exist or the date it removes
its property from the premises, whichever occurs latest. In the event the Festival
Committee is not able to obtain a Special Use Permit from the City, Festival Committee
may terminate this Lease Agreement upon thirty (30) days written notice to City with rent
due to City through the date it removes its property from the premises.
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Section Three: Lease Payments
Rent shall be paid by Festival Committee to City on a monthly basis in the amount of $75
per month. Payments shall be made to City on the first day of each month that rent is
due. A grace period is hereby given to Festival Committee of ten (10) calendar days in
the event that the rent is not paid timely. All utilities are included in the monthly rental
fee.
Section Four: Contact Persons
A.Contact person from the Festival Committee will be the Festival Committee
President. The Festival Committee will also be responsible for listing an alternate
contact.
B.The contact for the City will be the Director of Public Works & Development.
The alternate contact person will be the Recreation Manager.
Section Five: Rules and Regulations
The Festival Committee will agree to abide by the following:
A.The Festival Committee shall be solely responsible for maintaining the rental
property in good condition during the term of this Lease Agreement. Any improvements,
additions or install improvements are subject to prior review and approval by the City and
will be at the expense of the Festival Committee.
B.The Festival Committee agrees that they will not allow rubbish to accumulate in
any form on the premises used by them or at a prescribed distance from such facility used
by them. The City will not provide garbage service for their operation.
C.The Festival Committee agrees that they will, at their own expense, cause all
damage or injury to the property of the City of Muskego to be repaired if the Festival
Committee, their agents or employees cause such damage. Any repairs must be approved
in writing by City prior to commencement.
D.The Festival Committee agrees that no sign or advertising matter of any kind shall
be displayed on the building or grounds at Veterans Memorial Park unless approved by
the City and, if necessary, the Plan Commission of the City of Muskego.
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E.The Festival Committee shall not, without written consent of the City of
Muskego, sublet the premises or any part thereof for storage use by a third party, nor
assign, hypothecate or mortgage this Lease Agreement.
F.Those persons representing the City of Muskego reserve the right, exercisable at
any time during the term hereof, or extension thereof, without notice to Festival
Committee, to enter the premises for the purpose of inspection and making repairs to the
building for the proper preservation and maintenance of said premises.
G.If the premises are destroyed by fire, flood, casualty, war or any other purpose,
then this Lease Agreement at the option of either party shall cease and come to an end.
But in case of any partial damage, the City of Muskego may restore the premises to the
previous condition.
H.The Festival Committee shall be responsible for maintaining their door locks and
keys, to the main storage area, as a separate key entry system from the City used door
locks and key system. A key for the Festival Committee storage room doors will be kept
within the Recreation Department key lock box.
Section Six: Legal Provisions
A.Other Governmental Regulations. This Lease Agreement is subject to any and all
governmental regulations as they may be amended from time to time over the term of this
Lease Agreement. If the Lease Agreement is in conflict with said regulations, the
regulations must be followed.
B.Assignment. Neither the Festival Committee nor the City may assign its interest
under this Lease Agreement without the other party’s prior written consent, which may
be granted or withheld in such party's sole reasonable discretion.
C.Notices. All notices permitted or required by this Lease Agreement shall be given
in writing and shall be considered given upon receipt if hand delivered to the party or
person intended, or upon facsimile transmission to the fax numbers set forth herein, or
email to contacts set forth herein upon confirmation by the other party, or three (3)
business days after deposit in the United States mail, postage prepaid, by certified mail,
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return receipt requested, addressed by name and address to the party or person intended
as follows:
To the Festival:Muskego Festival Committee
P.O. Box 167
Muskego, WI 53150
Attn: President
Fax No.: _________________
Email: GEM@ticon.net
To the City:City of Muskego
W182 S8200 Racine Avenue
Muskego, WI 53150-0749
Attn: Director of Public Works & Development
Fax No.: (262) 679-5614
Email: skroeger@cityofmuskego.org
D.Governing Law. This Lease Agreement shall be interpreted and construed
according to the laws of the State of Wisconsin. Any legal action regarding this Lease
Agreement shall be brought and maintained in the Circuit Court of Waukesha County,
Wisconsin.
E.Severability of Provisions. If any of the terms or conditions contained herein
shall be declared to be invalid or unenforceable by a court of competent jurisdiction, then
the remaining provisions and conditions of this Lease Agreement, or the application of
such to persons or circumstances other than those to which it is declared invalid or
unenforceable, shall not be affected thereby and shall remain in full force and effect and
shall be valid and enforceable to the full extent permitted by law.
F.Captions. The captions in this Lease Agreement are inserted only as matters of
convenience and for reference and in no way define or limit the scope or intent of the
various provisions, terms or conditions hereof.
G.Binding Effect. The terms and conditions of this Lease Agreement shall be
binding upon and benefit the parties hereto and their respective successors and permitted
assigns.
H.Entire Agreement. This writing constitutes the entire Lease Agreement between
the parties hereto, and all prior statements, letters of intent, representations and offers, if
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any, are hereby terminated. This Lease Agreement may be modified or amended only by
written instrument signed by both parties
I.Counterparts. This Lease Agreement may be executed in one or more
counterparts, each of which will be deemed an original.
J.Representations as to Authority. Each party to this Lease Agreement represents
and warrants that: (a) it has the power and authority to consummate the transactions
contemplated by this Agreement; (b) all proceedings necessary for it to consummate the
transactions contemplated by this Lease Agreement have been duly taken in accordance
with law; and (c) the persons executing this Lease Agreement on behalf of it have been
duly authorized to execute this Lease Agreement.
K.Termination. The Festival Committee agrees that at the termination of this Lease
Agreement or any renewal thereof, they will promptly surrender the premises to the City
and will have removed therefrom all of its personal property, placed thereon, and
maintained by the Festival Committee. Any personal property remaining on the premises
30 days after expiration or other termination of this Lease Agreement shall be deemed
abandoned and shall become property of the City. The Festival Committee agrees that
they will peaceably vacate all premises occupied by them and deliver to the City of
Muskego in good condition all premises used by them, ordinary wear and tear, damage
by fire and by the elements excepted.
L.Signatures. The parties agree that signatures transmitted by fax or scanned and
delivered via email shall be binding on the parties hereto.
Section Eight: Insurance
Festival Committee shall procure and maintain during the term of this Lease Agreement
at its expense, comprehensive general business liability insurance, covering the premises
and the insureds against loss for personal injury and property damage. The coverage
under such insurance to be not less than One million dollars ($1,000,000.00) for any
person injured, Two million dollars ($2,000,000.00) for any one accident, and Fifty
thousand dollars ($50,000.00) for property damage or such other coverage as the parties
may agree in writing from time to time. The City shall approve the coverage. Festival
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Committee shall also carry during the term of this Lease Agreement, fire insurance with
extended coverage, vandalism and malicious mischief and theft and the mysterious
disappearance endorsements covering the contents of the premises and all alterations,
additions and leasehold improvements in the amount of their full replacement value. Such
policies shall cover both City and Festival Committee, as their interest may appear.
Before taking possession of the premises, Festival Committee shall present to City
Certificates of Insurance from the insurance companies showing such coverage, along
with the following written Endorsements:
1) Naming the City as an Additional Insured
2) Waiver of Subrogation
3) Primary and Non-Contributory Insurance
4) 30-day Notice of Cancellation
5) Special Events Endorsement
Section Nine: Indemnification
Festival Committee shall indemnify and hold harmless City from and against all claims
arising from Festival Committee’ use of the Premises, or from the conduct of Festival
Committee’ business or from any activity, work, or things done, permitted or suffered by
Festival Committee in or about the Premises and shall further indemnify and hold City
harmless from and against any and all claims arising from any breach or default in the
performance of any obligation on Festival Committee’ part to be performed under the
terms of this Lease Agreement, or arising from any intentional tort or negligence of the
Festival Committee, or any of Festival Committee’ agents, contractors, or employees, and
against all costs, attorney fees, expenses and liabilities incurred in the defense of any such
claim or any action or proceeding brought thereon, and in case any action or proceeding
be brought against City by reason of any such claim, Festival Committee, upon notice
from City, shall defend the same at Festival Committee’ expense by counsel satisfactory
to City.
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Section Ten: Default
If default is made by Festival Committee in payment of the rent, or any part thereof, and
such default shall continue to 10 days after notice by City to Festival Committee to pay
the same, or if either party shall be in default under any other provision of this lease and
such default shall continue to exist after receipt by the defaulting party of 30 days’ notice
thereof, City may terminate this lease and take possession of the leased premises (if
Festival Committee be the defaulting party) or Festival Committee may terminate this
lease and surrender possession of the leased premises to City (if City be the defaulting
party). Such termination of lease shall be without prejudice to the right of recovering
damages against the defaulting party for breach of this lease.
Section Eleven: Dispute Resolution
In the event of a dispute between the Festival Committee and the City arising out of this
Lease Agreement or the use of the premises, the Festival Committee and the City agree to
attempt to first resolve such dispute through mediation. In the event that the Festival
Committee and the City cannot agree upon a mediator, they shall each propose a
qualified mediator, and such qualified mediators shall choose a qualified third-party who
will mediate the dispute. In the event that mediation does not resolve the dispute, either
party may utilize all remedies as provided by law.
IN WITNESS WHEREOF, the parties have executed this Lease Agreement.
MUSKEGO COMMUNITY FESTIVAL, INC. CITY OF MUSKEGO
Festival Committee President Date Kathy Chiaverotti, Mayor Date
Festival Committee Secretary Date Sharon Mueller, Director of Finance Date
T:\Departments\Attorney\Agreements\Festival Committee and City of Muskego Agreement.docx
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #018-2019
DETERMINATION OF NONSUBSTANTIAL CHANGE
TO THE APPROVED BASSE/WILL ROSE APARTMENTS
PLANNED DEVELOPMENT
WHEREAS, A request was submitted by AG Architecture pertaining to the Basse/Will
Rose Apartments Planned Development located in the NE ¼ of Section 10 on
Janesville Road; and
WHEREAS, The Planned Development Zoning District (PD-42) for this development
was approved by the Common Council with the adoption of Ordinance #1412 on
December 12, 2017; and
WHEREAS, The original PD District approved a 50-unit apartment building and a 40-
unit apartment building for a total of 90 units; and
WHEREAS, The developer has requested a change in the per building unit count to 51
units in the first building and 39 units in the second building maintaining the overall 90
units on the site as originally approved; and
WHEREAS, The Plan Commission reviewed the request and determined that it did not
constitute a substantial change to the original Planned Unit Development of the
Basse/Will Rose Apartments Planned Development District through the adoption of
#P.C. 005-2019 on February 5, 2019.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Plan Commission, does hereby determine
that the request submitted by AG Architecture does not constitute a substantial change
to the original Planned Unit Development of the Basse/Will Rose Apartments Planned
Development District subject to the conditions outlined in #P.C. 005-2019 by the Plan
Commission.
DATED THIS 12TH DAY OF FEBRUARY , 2019.
SPONSORED BY:
Ald. Kevin Kubacki
This is to certify that this is a true and accurate copy of Resolution #018-2019 which
was adopted by the Common Council of the City of Muskego.
________________________________
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City of Muskego
Plan Commission Supplement PC 005-2019
For the meeting of: February 5, 2019
REQUEST: Building, Site and Operation Plan Amendment for Will Rose Apartments
Janesville Road / Tax Key Nos. 2198.160 and 2198.161
NE ¼ of Section 10
PETITIONER: AG Architecture
INTRODUCED: February 5, 2019
LAST AGENDA: N/A
PREPARED BY: Adam Trzebiatowski, AICP
BACKGROUND PC 005-2019
AG Architecture has submitted a Building, Site and Operation (BSO) Plan Amendment to allow for a few
changes to the approved BSO that was approved in April 2018. Also, the applicant is requesting a
nonsubstantial change determination to switch the approved unit count from 50 units in the first building
and 40 units in the second building to 51 units in the first building and 39 units in the second building.
There would still be 90 units total within the development.
PLAN CONSISTENCY PC 005-2019
Comprehensive Plan:The 2020 Plan depicts the area for high density residential uses (>3
units/acre). The proposal consists of 90 total units. The proposed
densities are within the guidelines of the 2020 Plan and the past zoning
approval.
Zoning: A rezoning to a Planned Development was approved by the Plan
Commission and Common Council in December 2017. The proposal
herein substantially matches the rezoning proposal, with the exception of
the unit per building count. That is why the applicant is seeking a
nonsubstantial change determination.
Parks and Conservation Plan The Parks and Conservation Plan does not show any park land on this
site. The plan does show medium conservation priorities on some of the
wetlands on this lot. The proposal is consistent with the Plan.
Adopted 208 Sanitary Sewer
Service Area:
The property will be serviced with municipal sewer. The proposal is
consistent with the Plan.
Water Capacity Assessment
District:
The property will be serviced with municipal water. The proposal is
consistent with the Plan.
Stormwater Management
Plan:
There currently is stormwater management facilities on the lot and
further review will be needed to ensure the facilities are sized properly.
The proposal is consistent with the Plan.
DISCUSSION PC 005-2019
As stated above, this BSO Amendment is proposed to modify the existing BSO for the Will Rose
development. More specifically, the amendments or changes include:
Switching the approved units between the two buildings. The applicant would like to switch the
per building unit count from 50 units in the first building and 40 units in the second building to 51
units in the first building and 39 units in the second building. There would still be 90 units total
within the development, as was originally approved. The additional unit is being requested since
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the community room from the 2nd floor (1st floor with living units) to the garage floor level. Staff
believes that this is a nonsubstantial change to approved PD-42 zoning district. As such, the
Resolution is drafted to recommend confirmation of nonsubstantial change to PD-42 to the
Common Council. If the Common Council does not confirm that the unit swap is a nonsubstantial
change, then a PD rezoning process must be pursued.
Due to the unit swap noted above, the community room is now going to be located in the garage
level and as such, three indoor parking stalls are proposed to be lost. These three stalls are
being relocated outdoors. The applicant has explained they believe the remaining 78 indoor
stalls are enough for the 78 bedrooms within this building. They have also stated that they
believe this amount of indoor stalls supports the industry standards. As a reminder, the Zoning
Code typically requires 2 enclosed stalls per unit plus additional visitor parking. The original
proposal, as well as the new proposal, do not meet the typical requirement, but the applicant
previously provided real examples from other multi-family developments they have developed as
it relates to the parking counts (see below). The newly proposed parking ratio is 2.13 stalls/unit,
without the additional stalls for the additional unit being added within the first building.
Due to the additional unit in the first building, there now needs to be additional parking for that
unit added around this building. The amended plans do not account for an additional stall but the
Resolution states that parking for this unit (residents and guests) must be accounted for within the
development, near this first building.
There are some minor architectural changed proposed to the building as follows:
o Replacement of the fiber cement panels in the areas behind the balconies with fiber
cement lap siding. The fiber cement panels will remain in all other areas of the building
o The top cap type feature on the original BSO plans was wrapped on all sides of the
parapet but on the amended plans, these features do not wrap on all side, specifically,
not along the back sides. The Resolution is drafted to require these cap type features to
wrap all sides of the parapet (including the rear), not just the front and sides.
o The stairwell areas on the Janesville Road elevation have been altered slightly, mostly to
include more of the Nichiha Vintagewood panel, which provides a nice accent on the
overall building design. The Resolution states that the exterior doors within this stairwell
area need to match the color of the Vintagewood panels and the windows within this area
of the elevation needs to be the same height as the other windows on the façade as to
given it a more cohesive look throughout.
The Resolution also states that all other approval conditions from the original BSO still apply to this
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STAFF RECOMMENDATION PC 005-2019
Approval of Resolution PC 005-2019, subject to the modifications/requirements noted above and
in the Resolution.
The one item the Plan Commission may want to discuss is the parking quantities proposed. More
specifically, is the Plan Commission alright with the reduction to the number of total indoor stalls
overall and with an added unit within this building?
This includes the recommendation to the Common Council for a nonsubstantial change to PD-42
for the number of units in each building to allow 51 units in the first building and 39 units in the
second building, still totaling 90 units.
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RESOLUTION #P.C.005-2019
APPROVAL OF A BUILDING, SITE AND OPERATION PLAN AMENDMENT AND DETERMINATION OF
A NON-SUBSTATIAL CHANGE TO THE APPROVED PLANNED DEVELOPMENT FOR THE WILL
ROSE APARTMENTS LOCATED IN THE NE ¼ OF SECTION 10
(JANESVILLE ROAD / TAX KEY NOS. 2198.160 & 2198.161)
WHEREAS, Plans were submitted by AG Architecture for a Building, Site and Operation Plan (BSO)
amendment for the Will Rose Apartment development located in the NE ¼ of Section 10 (Janesville Road
/ Tax Key Nos. 2198.160 & 2198.161), and
WHEREAS, The Planned Development zoning district (PD-42) for this development was approved by
Council Ordinance #1412 on December 12, 2017, and
WHEREAS, The original PD district approved a 50-unit apartment building (known as Phase 1), a 40-unit
apartment building (known as Phase 2), and clubhouse (known as Phase 3), as well as the continued
allowance of a 1.5 acre corner lot for future commercial uses, and
WHEREAS, Amendments to a PD text description shall be approved by ordinance of the Common
Council concurrent with the determination of nonsubstantial change resolution per Section 400-84 (C),
thus this Resolution is a recommendation to the Common Council for a nonsubstantial change to PD-42,
and
WHEREAS, This BSO amendment and determination of nonsubstantial change includes maintaining the
overall 90 units on the site but adjusting the units per building from 50 and 40 units to 51 and 39 units,
and
WHEREAS, If the Common Council deems the requested change to the PD substantial, then a full PD
rezoning process must occur, and
WHEREAS, The original Building, Site and Operation Plan (BSO) was approved via #P.C. 025-2018 on
April 9, 2018, and
WHEREAS, Due to the relocation of the community room from the 2nd floor (1st floor with living units) to
the garage floor level, one additional living unit is proposed on the 2nd floor (1st floor with living units) of
the first building, and
WHEREAS, The relocated community room on the garage floor requires the relocation of three (3) indoor
parking stalls to outside stalls, and
WHEREAS, Additional parking stall(s) for residents and guests have not been provided for the additional
living unit in the first building, and
WHEREAS, There are some minor architectural changed proposed to the building as part of this BSO
amendment as follows:
Replacement of the fiber cement panels only in the areas behind the balconies with fiber cement
lap siding,
The top cap type feature on the original BSO plans was wrapped on all sides of the parapet but
on the amended plans, these features do not wrap on all side, specifically, not along the back
sides,
The stairwell areas on the Janesville Road elevation have been altered slightly, mostly to include
more of the Nichiha Vintagewood panel.
THEREFORE BE IT RESOLVED, That the Plan Commission approves the Amendment to the Building,
Site and Operation Plan for the Will Rose Apartment development located in the NE ¼ of Section 10
(Janesville Road / Tax Key Nos. 2198.160 & 2198.161)
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BE IT FURTHER RESOLVED, The Plan Commission is recommending to the Common Council that the
adjustment to number of units per building is a nonsubstantial change to the PD-42 Zoning District.
BE IT FURTHER RESOLVED, Parking stall(s) for residents and guests for the additional living unit must
be accounted for within Phase 1 of development.
BE IT FURTHER RESOLVED, The top cap type feature on each parapet corner must wrap the entire
parapet on all sides as shown on original BSO plans.
BE IT FURTHER RESOLVED, The exterior doors within the stairwell area must match the color of the
Vintagewood panels and the windows within this area of the elevation must match the height of adjacent
windows on the façade.
BE IT FURTHER RESOLVED, All conditions of approval from the original BSO remain applicable for this
project.
BE IT FURTHER RESOLVED, That a copy of said plans be kept on file in the City and that all aspects of
this plan shall be maintained in perpetuity unless otherwise authorized by the Plan Commission.
BE IT FURTHER RESOLVED, That failure to comply with the approval contained in this resolution shall
result in the imposition of fines of $100 per day, the initiation of legal action, or both.
Plan Commission
City of Muskego
Adopted: February 5, 2019
Defeated:
Deferred:
Introduced: February 5, 2019
ATTEST: Adam Trzebiatowski, Planning Manager
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #019-2019
APPROVAL OF REDUCTION OF LETTER OF CREDIT FOR
EDGEWATER HEIGHTS PHASE I SUBDIVISION
WHEREAS, The developer of the Edgewater Heights Phase II Subdivision has
submitted a request for a reduction to the Letter of Credit; and
WHEREAS, The City Engineer and Finance Committee have recommended that the
Letter of Credit be reduced to $70,530.00.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego, upon the recommendation of the Finance Committee, does hereby approve
that the Letter of Credit for Edgewater Heights Phase II Subdivision be reduced to
$70,530.00.
DATED THIS 12TH DAY OF FEBRUARY , 2019.
SPONSORED BY:
FINANCE COMMITTEE
This is to certify that this is a true and accurate copy of Resolution #019-2019 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
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Approved
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
January 8, 2019
5:30 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 5:30 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present: Mayor Chiaverotti, Alderman Kubacki, Commissioners Graf, Jacques, Bartlett and
Peardon and Planner Trzebiatowski
Absent: Commissioner Buckmaster
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the minutes of December 4, 2018.
Commissioner Jacques made a motion to approve the minutes of the December 4, 2018
meeting. Commissioner Kubacki seconded. Motion passed unanimously.
PUBLIC HEARING
Public Hearing for GreenburgFarrow for Jiffy Lube requesting a Conditional Use Grant in
accordance with the Muskego Zoning Ordinance to allow a new auto service facility for the
property located along Commerce Center Parkway / Tax Key No. 2169.999.011.
Mr. Trzebiatowski explained request is a follow up to an agenda item for Jiffy Lube. This is the
same proposal as discussed at the December 4, 2018 meeting where the site design and
building architecture under the Building, Site and Operation Plan were approved without any
changes.
No questions or comments. Mayor Chiaverotti closed the public hearing at 5:33 PM
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NEW BUSINESS FOR CONSIDERATION
RESOLUTION #PC 001-2019 Approval of a Conditional Use Grant for Jiffy Lube located on
Commerce Center Parkway / Tax Key No. 2169.999.011.
Commissioner Kubacki made a motion to approve Resolution PC 001-2019. Commissioner
Jacques seconded.
Commissioner Bartlett questioned method of heating building whether rooftop units or anything
on the roof. Mr. Trzebiatowski explained that via discussions with the applicant is that they
indicated there would be ground mounted mechanicals for ease of proper screening with dense
landscaping, fencing or building materials. Resolution is worded such that final approval for
building permit requires satisfactory fully screened location proposed.
Motion to approve Resolution PC 001-2019 passed unanimously.
MISCELLANEOUS BUSINESS
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 6:35 PM. Commissioner Graf seconded.
Motion passed unanimously.
Respectfully Submitted,
Aaron Fahl
Associate Planner
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Approved
CITY OF MUSKEGO
FINANCE COMMITTEE MINUTES
January 8, 2019
5:45 PM
City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 5:45 p.m.
ROLL CALL
Present: Committee Members Alderpersons Wolfe, Madden and Kubacki, as well as
Alderpersons Hammel, Borgman, and Engelhardt. Also present: Public Works and
Development Director Kroeger, Planning Manager Trzebiatowski, and Deputy Clerk Blenski.
PUBLIC MEETING NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
APPROVAL OF MINUTES – December 11, 2018
Alderperson Kubacki made a motion to approve. Alderperson Madden seconded;
motion carried.
LICENSE APPROVALS
Recommend Approval of Operator Licenses
Alderperson Kubacki made a motion to recommend approval of an Operator License
for Connie Kay, Erika Hartung, Rodney Hathaway and Jesse Yiannackopoulos.
Alderperson Madden seconded; motion carried.
Recommend Approval of a Temporary Class “B” License to Sell Fermented Malt Beverages –
Special Olympics of Wisconsin/Muskego Polar Plunge – February 10, 2019 to be held at
Muskego County Park
Alderperson Madden made a motion to recommend approval. Alderperson Wolfe
seconded; motion carried.
Recommend Approval of a Temporary “Class B” License to Sell Fermented Malt Beverages and
Intoxicating Liquor – Knights of Columbus #6448 Council – March 30, 2019 to be held at St.
Leonard School
Alderperson Kubacki made a motion to recommend approval. Alderperson Wolfe
seconded; motion carried.
NEW BUSINESS
Recommend Approval of The Suburban Mutual Assistance Response Teams Agreement
Alderperson Kubacki made a motion to recommend approval. Alderperson Madden
seconded; motion carried.
Recommend Reduction of Letter of Credit for Edgewater Heights Phase I Subdivision
Alderperson Madden made a motion to recommend approval. Alderperson Wolfe
seconded; motion carried.
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Finance Committee Minutes 2
January 8, 2019
Recommend Reduction of Letter of Credit for Muskego ALF, LLC
Alderperson Kubacki made a motion to recommend approval. Alderperson Madden
seconded; motion carried.
Recommend Approval of Extension of the Loan Term for Delta Family Restaurant, Inc.
Alderperson Madden made a motion to approve. Alderperson Kubacki seconded; motion
carried.
Recommend Approval of Agricultural Lease Agreement with Jack King for Kelsey Drive
Conservation Site
Alderperson Kubacki made a motion to approve. Alderperson Madden seconded; motion
carried.
Recommend Approval of Agricultural Lease Agreement with Robert Stigler for the Badertscher
Preserve
Alderperson Madden made a motion to approve. Alderperson Wolfe seconded; motion
carried.
Recommend Approval of Cleaning Services Contract with Gibb Building Maintenance
Alderperson Madden made a motion to approve. Alderperson Wolfe seconded; motion
carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to recommend approval of Utility Vouchers in the
amount of $11,667.54. Alderperson Kubacki seconded; motion carried.
Tax Vouchers
Alderperson Wolfe made a motion to recommend approval of Tax Vouchers in the
amount of $10,367.06. Alderperson Madden seconded; motion carried.
General Fund Vouchers
Alderperson Wolfe made a motion to recommend approval of General Fund Vouchers
in the amount of $691,661.68. Alderperson Kubacki seconded; motion carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Wolfe made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $353,755.41. Alderperson Madden
seconded; motion carried.
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 5:51 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.
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