COMMON COUNCIL Agenda - 9/23/2014
CITY OF MUSKEGO
COMMON COUNCIL AGENDA
September 23, 2014
7:00 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
PUBLIC COMMENT
City Residents and Taxpayers Only – Speakers will be limited to making comments related to
all agenda items excluding closed session items relating to employment and labor issues.
Comments will be limited to two minutes per speaker per agenda item. There will be no
discussion by/with the Common Council during Public Comment.
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.
To consider revisions to Chapter 17, Zoning Ordinance of the City of Muskego
Municipal Code, relating to the allowance of fowl on residential parcels less than
120,000 square feet in size.
To consider petition of Towne Realty to grant a rezoning from RC-2 and RC-3 - Country
Residence Districts to PD Planned Development District for property known as Tax Key
Numbers 2253.998.003 and 2253.998.004 (North Cape Road). The City previously
approved this designation in 2007 and petitioner is requesting modifications to the
layout.
To consider petition of Chrisben III, LLC to grant a rezoning from B-4 - Highway
Business District to DR-1 - Downtown Revival District for property known as Tax Key
No. 2198.948 (Janesville Road) for the purpose of expanding commercial development
opportunities.
CONSENT AGENDA
Items listed under consent agenda will be approved in one motion without discussion unless
any Council member requests that an item be removed for individual discussion. That item
then can be acted on separately at the same meeting under the part of the meeting it would
normally appear.
Common Council Agenda 2
September 23, 2014
Approval of Operator Licenses
Reso. #073-2014 - Resolution Authorizing the Redemption of Sewer System Revenue
Refunding Bonds, Series 2005
Reso. #074-2014 - Approval of City of Muskego/Fitzgerald Use & Maintenance
Agreement for Freedom Square Park Parking Lot
Reso. #075-2014 - Approval of 2014 Water Utility Rate Increase
Reso. #076-2014 - Approval of Belle Chasse Addition #2 (Phase #3) Subdivider's
Agreement
Reso. #077-2014 - Resolution to Grant a Land Use Permit to Belle Chasse Partners, LLC
REVIEW OF COMMITTEE REPORTS
Parks & Recreation Board - August 11, 2014
Public Works Committee - August 18, 2014
Finance Committee - August 26, 2014
Conservation Commission - June 12, 2014
Community Development Authority - July 15, 2014
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-
Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment)
Ord. #1386 - An Ordinance to Amend Chapter 17, Section 8.01 (3) B. 6., of the
Municipal Code of the City of Muskego (Permitted Accessory Uses)
Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne
Realty - RC-2 and RC-3 to Planned Development District)
Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben
III, LLC - B-4 to DR-1)
LICENSE APPROVAL
Approval of Outside Dance Permit for Moo, Inc. d/b/a Bass Bay Brewhouse & Eatery
and Aud Mar Banquets for 10/4/2014
Noon to 8:00 pm
VOUCHER APPROVAL
Utility Vouchers
Tax Vouchers
Common Council Agenda 3
September 23, 2014
General Fund Vouchers
Wire Transfers for Debt Service
Wire Transfers for Payroll Transmittals
CLOSED SESSION
Please take notice that following Voucher Approval, the Common Council will convene,
upon passage of the proper motion, into closed session pursuant to Wis. Stats.
§19.85(1)(g), to confer 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, more specifically the Decision of
the Wisconsin Court of Appeals and the further litigation processes and issues regarding
Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540; and the potential
effects of the anticipated results of the pending foreclosure action, Muskego Adventures,
Inc. v. Parkland Venture, LLC, et al., Case No. 14 CV 1724, regarding the subject
property, on the Parkland Venture action.
Please take notice that following the first closed session, the Common Council will
convene, upon passage of the proper motion, into closed session pursuant to:
Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties,
the investing of public funds, or conducting other specified public business, whenever
competitive or bargaining reasons require a closed session, more specifically Tax
Incremental Finance District 10 negotiations and agreements – Chase Victor Holdings,
LLC.
Action may be taken in closed session. The Common Council will then reconvene into
open session to continue with agenda items.
OPEN SESSION
NEW BUSINESS
Reso. #078-2014 - Resolution Authorizing TID 10 Developer Agreement: Chase Victor
Holdings, LLC
CITY OFFICIALS' REPORTS
City Calendar: http://www.cityofmuskego.org/Calendar.aspx
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
FUTURE AGENDA ITEMS
ADJOURNMENT
Common Council Agenda 4
September 23, 2014
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.