COMMITTEE OF THE WHOLE Minutes - 7/22/2014
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
July 22, 2014
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:04 pm.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
Present were Aldermen Madden, Kubacki, Engelhardt, Di Pronio, Borgman, Hammel and
Wolfe, and Director of Finance and Administration Mueller.
STATEMENT OF PUBLIC NOTICE
Ms. Mueller stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Reso. #061-2014 - Honoring City of Muskego Eagle Scout Maxwell E. Goebl
Mayor Chiaverotti presented the resolution to Maxwell.
PUBLIC COMMENT
The following spoke in favor of the Park Arthur West project:
Terri Boyer, W199 S7184 Simandl Drive
Bill Wisialowski, S84 W13177 Blue Heron Lane
PUBLIC HEARING
Ms. Mueller read the public hearing to consider petition of Ener-Con Companies, Inc. to grant a
zoning amendment to the existing PD-14 Bay Breeze Planned Development District
for property known as Tax Key Numbers 2193.970.028 and 2193.970.029 and to grant a
rezoning from RL-3 - Lakeshore Residence District to PD-14 Bay Breeze Planned
Development District for property known as Tax Key Number 2195.999. The purpose of the
petitioner's request is to allow new single-family and multi-family uses. Also, to consider an
amendment to the 2020 Comprehensive Plan to change the designation for property known as
Tax Key Numbers 2193.970.028, 2193.970.029 and 2195.999 from medium density residential
use to high density residential use.
Community Development Director Muenkel presented a review of the Ener-Con rezoning
petition for three properties along Janesville Road just north of Pioneer Drive. The concept
plan would remove the residential structure on the middle parcel, create a new single-family
gated community along Little Muskego Lake consisting of seven garden homes and create two
condo structures for 30 senior housing units along Janesville Road. Mr. Muenkel stated the
rezoning would amend the existing planned development district to allow the proposed
densities and land uses. The rezoning would also require an amendment to the 2020
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July 22, 2014
Comprehensive Plan to reflect a change from medium density residential to high density
residential. Regarding the number of piers/boat slips, Mr. Muenkel stated that the DNR has
determined that “double density” would not be allowed. The amount of boats would simply be
the normal amount allowed by right today.
Mr. Muenkel stated following tonight’s public hearing, the next step in the rezoning process is a
recommendation from the Plan Commission. That meeting will be held on August 5. If the
Plan Commission action is completed, the Council could formally act on the rezoning
ordinance at its August 12 meeting. He noted that if the rezoning is granted, the developers
still need full Building, Site and Operation Plan approve from the Plan Commission.
Before opening the hearing to the public, Mayor Chiaverotti noted that Mr. and Mrs. Sam
Maglio submitted a written opinion for the record because they could not be present.
The following individuals spoke:
Ken Fries, W175 S7229 Lake Drive
Debra Bolton, W186 S7543 Kingston Drive
Walter Spitzer, W182 S6565 Garnet Drive
Dean Wolfram, W178 S6968 Shady Lane
Suzi Link, W172 S7297 Lannon Drive
Mark Oliver, S75 W17674 Harbor Circle
Dave Taube, S75 W18687 Kingston Drive
Lorie Oliver, S75 W17674 Harbor Circle
Mark Schmalz, S75 W18703 Kingston Drive
Jamie Gress, W180 S6935 Muskego Drive
Heidi Lindhorst, S75 W18094 Boszhardt Lane
Michael Fagan, W182 S6565 Muskego Drive
Jean Root, S70 W17697 Muskego Drive
Zeke Stanis, S76 W18590 Kingston Drive
Jim Lindhorst, S75 W18094 Boszhardt Lane
The following issues/concerns were noted or raised:
Boat density and safety on the lake.
Ten foot setbacks from Janesville Road for condo buildings and decreased offsets for
the single family homes.
2020 Comp Plan reflects medium density; proposed density is excessive.
Required retention pond will not be an asset; a pond is old technology.
Proposal could have an adverse effect on lake property values.
Proposal only offers advantages for the developer with nothing for the City.
Lake activity is already oversaturated.
Why is the proposal not being reviewed by the CDA?
Business use should be encouraged vs. residential.
Potential issues regarding resale of condos.
Garden homes are overpriced.
Condo buildings will affect view of lake.
Runoff will have negative influence on the lake.
Number of piers in question.
Proposed values are overstated. City Assessor should be consulted.
How will gate for private launch be controlled?
City needs to look at the proposal carefully. Potential foreclosure is a concern.
Inappropriate to amend the existing PD-14; a new zoning district should be created
because the development is so different.
Will the plan change as soon as the rezoning is approved?
The beautification of the newly reconstructed Janesville Road will be affected by the
close proximity of the two-story multifamily buildings.
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July 22, 2014
The Mayor declared the hearing closed.
CONSENT AGENDA
Alderman Hammel requested that Reso. #063-2014 be removed from Consent Agenda for
individual consideration. The Mayor noted that Reso. #064-2014 would also be removed for
further discussion.
Alderman Kubacki made a motion to approve the remaining items under Consent
Agenda. Alderman Borgman seconded.
Motion Passed 7 in favor.
Approval of a Regular Operator's License for Nicole Baraniak, Heather Bednarz, Gregory
Callan, Siobhan Contreras, Jamie Cooper, Jennifer Dumke, Erika Elieff-Jimenez, Janet Foster,
Nicholas Grochowski, Carolann Hanrahan, Shannon Hanson, Joellyn Hecimovich, Timothy
Koriath, Barbara McNally, Bradley Metzger, Deborah Prohaska, David Roman, Victor
Rozanski, Karen Rozmarynowski, Jenna Scholbe, Sheila Schultz, Brittany Skowronski, Ashley
Suminski, Lynn Tran, Samantha Trepczyk, Dona Wichman, Lindsay Wysocki and Paula Zeller
Approval of Common Council Minutes - July 8, 2014
Reso. #062-2014 - Resolution Authorizing a Grant from the Approved Commercial Building
and Grant Program - Little Muskego Lake Motors LLC (W179 S7714 Pioneer Drive)
NEW BUSINESS
Reso. #063-2014 - Resolution Authorizing a Grant from the Approved Commercial
Building and Grant Program and Parking Lot Payment Agreement in the Freedom
Square Park - Twisted Cork and Serendipity Redesign (W168 S7392 Parkland Drive and
S74 W16832 Janesville Road)
Alderman Borgman made a motion to approve. Alderman Di Pronio seconded.
Discussion took place regarding allowing a business to build a parking lot within the
Freedom Square Park. Several Council members expressed concern that this could set a
precedent for the future. There was also concern that the City assumes liability because the
parking lot will remain public. Ald. Borgman noted that the reduced parking situation is a
result of the Janesville Road reconstruction project. The Mayor supports a public/private
partnership.
Motion Passed 7 in favor.
Reso. #064-2014 - Award of Bid - Park Arthur West - Phase 1
Parks & Recreation Director Anderson reviewed the breakdown of the bids. The apparent low
base bid was submitted by Super Western in the amount of $820,703.20. The City also
requested alternate bids. The Parks & Recreation Board recommended acceptance of the
base bid as well as the alternate for the berm in the amount of $21,972.02. The total award
would be $842,675.22. Mr. Anderson noted that the Muskego Kickers will contribute
$31,552.35 and the Muskego Warriors will contribute $39,270 toward the project. They will
pay 100% of the cost for future amenities for their individual athletic fields. The project is over
budget by $127,152.87 primarily due to the need to import fill. The Parks & Recreation Board
has recommended using the Park Improvement Fund for the project. The fund was
established in 2006. The money collected in 2006 has to be spent within 10 years unless the
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July 22, 2014
Common Council grants a three-year extension. The Board has recommended that the total
fund in the amount of $120,572.80 be utilized to help subsidize the cost of the project. A
balance of $6,580 would still be needed. Mr. Anderson noted that the engineer from Graef
was present.
Mayor Chiaverotti recommends that Phase I of the project be put on hold for now. Phase I
provides for the grading and ball fields. Discussion can continue when the Committee of the
Whole reviews all the Capital Budget requests in a few weeks. If the Council determines to
move forward with Phase I, it commits to doing Phase II, which provides for the road and the
parking lot.
This is the responsible thing to do especially since the City may have to borrow money. The
Council also needs to determine how much, if any, of the Park Improvement Fund should be
used. Ald. Kubacki and Madden agreed because the project is $120,000 over budget.
Alderman Wolfe and Borgman did not. Mr. Anderson stated that the bids submitted were
good for 90 days.
Alderman Kubacki made a motion to table the item per the Mayor's
request. Alderman Madden seconded.
Motion Passed 4 in favor (DI Pronio, Engelhardt, Kubacki and Madden) and 3
opposed (Wolfe, Hammel and Borgman).
Motion Passed 4 in favor 3 opposed.
REVIEW OF COMMITTEE REPORTS
Finance Committee - June 24, 2014
Public Safety Committee - April 10, 2014
Parks & Recreation Board - June 9, 2014
Community Development Authority - May 20, 2014
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance 1384 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (Ener-Con Companies, LLC - RL-3 to PD-14 and PD-14 Amendment)
LICENSE APPROVAL
Approval of "Class B" Retailers' License for the Sale of Fermented Malt Beverages and
Intoxicating Liquor for Phil & Dom DeMarinis Denoon Saloon, Inc., W198 S10857 Racine
Avenue, Lucia DeMarinis Agent
Alderman Kubacki made a motion to approve. Alderman Madden seconded.
Motion Passed 7 in favor.
Approval of Temporary License for the Sale of Wine and Fermented Malt Beverages for
Common Ground Ministry, Inc. (Refashion for Life Event to be held at Callen Construction) -
August 20, 2014
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July 22, 2014
Alderman Borgman made a motion to approve. Alderman Di Pronio seconded.
Motion Passed 7 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderman Borgman made a motion to approve Utility Vouchers in the amount of
$386,698.93. Alderman Hammel seconded.
Motion Passed 7 in favor.
General Fund Vouchers
Alderman Borgman made a motion to approve General Fund Vouchers in the amount
of $516,842.11. Alderman Kubacki seconded.
Motion Passed 7 in favor.
Wire Transfers for Payroll Transmittals
Alderman Borgman made a motion to approve Wire Transfers for Payroll Transmittals
in the amount of $344,348.90. Alderman Kubacki seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn at 9:08 pm. Alderman Di Pronio
seconded.
Motion Passed 7 in favor.
Minutes transcribed by Jill Blenski, Deputy Clerk