COMMITTEE OF THE WHOLE -Minutes 20110823
COMMITTEE OF THE WHOLE – CITY OF MUSKEGO Approved: 09/08/11
MINUTES OF MEETING HELD TUESDAY, August 23, 2011
Mayor Chiaverotti called the meeting to order at 6:08 p.m.
ROLL CALL
Mayor Kathy Chiaverotti, Aldermen Snead, Harenda, Borgman, Werner, Soltysiak,
Schaumberg and Fiedler and Deputy Clerk Jill Blenski. Also present Attorney Gerald
Boistis.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the Open Meeting Law.
APPROVAL OF AGENDA
Ald. Schaumberg moved to approve, seconded by Ald. Borgman; motion carried.
APPROVAL OF MINUTES
NEW BUSINESS
1. Presentation and Proposal Regarding the Purchase of the Dilworth and Cherek
Properties.
Mayor Chiaverotti stated to the audience that this meeting is a working meeting, no
formal action comes out of it; it is for the Aldermen to discuss and there is no public
input allowed at this time. Depending on where this goes to there may be an opportunity
for public comments or questions at a later date. She introduced Attorney Gerald Boisits
who is representing Michael Dilworth and Ener-Con Companies Inc., who are proposing
the project.
Attorney Boisits gave a brief overview of the letter and exhibits (see attached) that had
been distributed to the Committee stating that Ener-Con Companies Inc. is interested in
developing three parcels as indicated in Exhibit B which would allow the City an
opportunity to purchase part of the site for the development of a public park with beach
frontage. Exhibit A shows what they are proposing for the land currently owned by
Dilworth if the City decides not to pursue the purchase.
He is here to see if the City is interested in purchasing the 2 parcels to the east of
Dilworth’s property. One is Dilworth’s and the other is Nanette Cherek’s along with the
option of purchasing additional lake frontage from Gardetto on the east and Dilworth on
the west. That would bring the total lake frontage to 700 feet and over four acres of park
land with a lake view keeping buffers on either side.
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In answer to the concern about tax lost due to the projects being proposed, Attorney
Boisits stated that in exhibit B the 2010 taxes generated by the four parcels was
$113,204.00 in which the City of Muskego received $30,674.00. The innermost properties
(Dilworth & Cherek) generated $59,703 with the City of Muskego receiving $16,187.00.
Those two properties are valued at approximately 3.5 million. Exhibit B proposal shows
4 potential residential buildings (not counting any potential retail or commercial
development) that are each averaging out as a million each. The value of those
properties would cover the tax loss of the properties that are being proposed for purchase
by the City. There is a possibility of a restaurant and shops to attract people to the area.
He went on to display a number of sketches of what the project “could” look like if the
City would decide to purchase the two parcels. He feels that this is a golden once in a life
time opportunity for the City of Muskego to preserve green space with a lake view.
Ald. Soltysiak feels we are dealing with two different issues here and they should be
discussed separately and we should not be weighing the potential development on
whether or not the City should purchase the land in the middle. That development
would have to go through the Plan Commission and he feels it does not fit the current
zoning. He would like to focus on the purchasing of the land and not discuss the
development of it and leave that to go through the proper channels.
Attorney Boisits stated he was here strictly to offer the City the opportunity to purchase
the two parcels. What Mr. Dilworth does going forth is dependent on whether or not the
City decides to purchase the parcels. The City would have control through the Plan
Commission in how he develops it. He feels that both of these proposed developments fit
into the Comprehensive Plan that the City has already approved.
Ald. Werner stated that when the City obtains land that there is a process that needs to
be followed including having appraisals done. .He would like to get input from the Park
& Rec Board as the management of the green space would be their responsibility.
Attorney Boisits and his clients understand the process. They are looking for something
in the very near future showing that the City is considering the purchase.
Ald. Soltysiak feels that neither proposal meets the Comprehensive Plan as stated by
Attorney Boisits. He went on to say that the purchase of lake frontage from the eastern
and western most properties would adversely affect their value therefore the gained
revenue as stated by Attorney Boisits was incorrect.
Ald. Fiedler said that is not the issue here, the issue is what is available to the City and
whether or not the City is interested. The only reason to do this is for the green space for
a park and it makes sense to take this to the Park & Rec Board to see if there is an
interest in the property.
Ald. Soltysiak questioned if the purchase of the additional frontage from the Gardetto
residence was necessary for the project to go forward. Attorney Boisits stated that was
the plan that Nanette Cherek approved when she offered her property for sale.
Mayor Chiaverotti reiterated that the Council’s job tonight is to focus on the purchase of
the land only, no formal action can be taken here, and that is what is on the agenda.
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Ald. Snead stated that in her experience in having sat on the Park & Rec Board is that
after a park offer goes to the board and the board decides that this is something they
want to do, they will have public hearings to get input from citizens to see what they
would like. She stated that her understanding is that eventually something will be
developed here, whether it has a park or not, and it is worth our time to have the Parks
& Rec Board look at it.
Ald. Harenda questioned if the development was contingent on the City buying the land?
Attorney Boisits said at this point, no. He feels that something will be worked out.
Ald. Snead’s clarified that if plan B does not materialize, plan A will be pursued. Either
way something will happen to these parcels. Attorney Boisits agreed.
The results of the straw poll to forward the proposal to the Parks & Rec Board were as
follows:
Ald. Snead, Ald. Borgman, Ald. Werner, Ald. Schaumberg & Ald. Fielder voted yes. Both
Ald. Harenda & Ald. Soltysiak said it was up to the property owner.
Mayor Chiaverotti suggested that this get on the next Parks & Rec Agenda.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY
LAW
ADJOURNMENT
Ald. Snead moved to adjourn at 6:53 p.m. Seconded by Ald. Fiedler; motion carried.
Minutes transcribed by
Cindy Schweitzer
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