CM092298
COMMON COUNCIL - CITY OF MUSKEGO (Approved & Corrected
MINUTES OF MEETING HELD SEPTEMBER 22, 1998 10/13/98)
The meeting was called to order at 9:35 p.m. by Mayor De Angelis. Also present were
Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders and Woodard,
City Attorney Molter, Plan Director Sadowski, Clerk-Treasurer Marenda and Deputy
Clerk Blenski. Attorney Michael Morse and Mr. Dave Anderson of Ehlers were also
present for certain agenda items.
The Clerk-Treasurer stated the meeting was noticed in accordance with the open
meeting law.
Slocomb moved for approval of the minutes of 9/8/98. Salentine seconded, carried.
The Clerk-Treasurer read the closed session notices.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that the work on Hwy. 36 is not completed yet and encouraged
everyone to be cautious in the area.
Reso. #173-98 - Recognition of Public Works Superintendent John L. Loughney Upon
His Retirement. Patterson moved for adoption. Pionek seconded. The Mayor
presented resolution to Mr. Loughney and expressed the City’s appreciation for his
years of dedicated service. Motion carried 7-0.
Reso. #175-98 - Resolution Indicating the City’s Present Intent to Approve the Concept
of RS-3/OPD, RS-2/OPD, RSM/OD/OPD, B-3/OPD. Salentine moved for adoption.
Chiaverotti seconded. Slocomb stated that the comments from the public hearing
indicate that people want to retain the current zoning; however, density will be greater.
Pionek stated he did not believe so due to the wetlands contained on the property. Mr.
Sadowski stated that 250 housing units would be allowed using the total area of the
property as currently zoned. You cannot totally exclude wetlands from calculation.
There was no objection to granting Mr. Carity privilege of the floor to answer how many
units could realistically be allowed. Mr. Carity explained the calculations used to
determine that 236 dwelling units would be permitted under a planned unit
development. He is proposing 233. Discussion continued as to the effect of the
wetlands on the total allowable units with the Mayor noting it depends on where they
are and how they are configured. Slocomb stated it appears that the PUD offers more
protection to environmentally sensitive areas than the straight zoning. Mr. Sadowski
stated yes, the City has more control. Sanders stated the development really needs to
be platted out to determine how many housing units will fit. He has concerns about the
access road to the multifamily buildings. Salentine stated that the Plan Commission
requested a possible alternative ingress and egress to Janesville Road. She also
talked about the realignment of Martin Drive. Woodard stated she has received many
calls from constituents in her district. They do not support multifamily or duplex zoning.
It appears they would rather see more single family development. She cannot support
the business zoning at this site until it is determined what will happen in the other areas
with potential for business development. Her constituents also expressed concern
about Lakes Parkway. Chiaverotti stated she believes business zoning on Janesville
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September 22, 1998
Road is appropriate. She does not favor single family homes on Janesville Road.
Sanders supports business use if it is for a civic center. He does not want Janesville
Road to become a full length strip mall. Slocomb suggested amending the resolution to
provide that the majority of the business zoning be used for a community center. The
Mayor noted the developer had to agree. Discussion took place about the B-3 zoning
allowing for a community center without adding an OIP overlay. Pionek stated the
objections were to the multifamily and Patterson agreed. Mr. Carity stated he would
commit a minimum of 50% of the business zoning for the community center. Mr.
Sadowski stated it appears that with a conditional use the B-3 zoning would allow a
community center. Attorney Morse stated the resolution was nonbinding and it was a
resolution of intent. It is his opinion that an additional public hearing would not be
required if the OIP designation were added to the proposed B-3 zoning. Reso. #175-98
failed 7-0. Attorney Morse was dismissed at 10:22 p.m.
Reso. #161-98 - Resolution Authorizing the Mayor to Hire Consultants - Parkland Mall,
on the floor, deferred from 9/8/98. The Mayor presented the name of the consultant
whose specialty is indoor air quality (Dr. John Ouellette). The City will hire the
consultant in connection with the demolition. Patterson asked if the costs could be
passed on to the developer. The Mayor stated not through the issuance of the razing
permit. Slocomb suggested they be included in a developer’s agreement. He
expressed concerns regarding this individual’s qualifications as to asbestos and other
hazardous materials. Slocomb moved to defer. Patterson seconded. Motion and
second removed to allow for discussion. The Mayor stated the consultant’s review will
take one day. No additional testing will be done. He will review the documentation and
tests results and the plan for razing the building. He will then make recommendations
on how the building and materials should be treated. Chiaverotti asked why the City
was doing this. The Mayor stated the City is charged with public safety. We do not
have our own experts to ensure that safety. Salentine asked why we allowed Jerome
Drugs to remain open. Sanders asked if this was a TIF-eligible expense. Mr. Dave
Anderson of Ehlers responded yes. Slocomb moved to defer to allow for qualifications
of individual regarding hazardous materials. Patterson seconded. Motion failed with
Slocomb, Chiaverotti, and Patterson voting “yes” to defer and Pionek, Salentine,
Sanders, and Woodard voting “no.” Salentine moved to amend the resolution to
include the name of John J. Ouellette, M.D. and $1,200 per day fee. Woodard
seconded. Motion carried 7-0. Reso. #161-98, as amended, adopted 7-0.
Reso. #171-98 - Resolution as to Defining and Establishing Potential TIF-Eligible
Expenses for Parkland Mall Property. Woodard moved for adoption. Sanders
seconded. The Mayor stated Mr. Dyer requested clarification regarding TIF which
would allow him to proceed and submit a plan. Mr. Anderson was present to respond
to questions. Pionek raised question about the developer going bankrupt. Mr.
Anderson responded that taxes continue to be collected on the property. He also noted
that a developer’s agreement needs to be entered into prior to creating the TIF district.
Salentine presented a history of the property and asked what if it is never developed.
Mr. Anderson again reiterated the need for a developer’s agreement and stated the
whole crux of the TIF and how it works is based on that agreement. Salentine also
asked if the City ever created a TIF for a commercial development and the Mayor
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September 22, 1998
responded no. Chiaverotti asked if this was a common practice for cities to create a
TIF for a private developer. Mr. Anderson stated for redevelopment projects, yes.
Salentine stated the property is not blighted, the building is. Patterson stated that
generally TIF districts are set up to help a municipality accomplish something and not
to help individual people rebuild buildings. Mr. Anderson stated when redevelopment
takes places, there is a mutual benefit to both. Woodard asked for privilege of the floor
for Henry Elling. Patterson objected; privilege was denied. Sanders stated Parkland
Mall site needs help and the Council continues to hear that from the community. If TIF
can be used as a tool to redevelop the site, he supports. Woodard asked Mr.
Anderson what the advantages and disadvantages of supporting the resolution were.
He stated that the advantage is that it gives the developer some guidance as to what
the City would consider TIF-eligible expenses. He stated that if the Council supports, it
indicates a desire to see the mall demolished and something new put in its place. If not
supported, the Council either believes that what is there is okay, or sometime in the
future, the private sector will take care of it. Woodard asked if it would cost the City
any money to support. Mr. Anderson stated not as a result of this resolution. Salentine
stated this is backwards as the City has never seen a plan. She opposes the creation
of a TIF and supports the City beginning the condemnation process. Everyone has
known the condition of that building. Chiaverotti asked if the City could have input as
to the type of businesses located at the site. Mr. Anderson responded the zoning
codes dictate. The Mayor stated the Finance Committee made an initial
recommendation as to TIF-eligible expenses but he needs direction from the Council so
he can continue to work with the developer. Pionek stated the Council never received
a formal presentation. He could see a TIF to include stormwater management and City
administrative costs. We have not done for any other developer. He does not want to
pay for the demolition. The person who bought the building knew what it was like.
Patterson stated he is also opposed. We should be reacting to a plan being presented.
He supports denial with the ability to reconsider when a plan is presented in future.
Chiaverotti felt the next step is for the developer to come forward with a plan as the
Finance Committee has already identified what expenses would be supported.
Slocomb stated that the Finance Committee determined that stormwater management,
traffic lights, and possibly demolition could be considered eligible TIF expenses. The
Mayor stated the resolution was open ended and nonbinding. If the final plan comes
forward, you can say no. Patterson stated we should decide whether or not we want a
TIF district at all before we determine what expenses might be eligible. Patterson
made the following motion, “Does the Common Council support the concept of
attempting to proceed to establish any type of TIF district as to this property at this
time? Salentine seconded. Slocomb stated the TIF district may be a good financing
vehicle for the City to obtain public improvements, such as stormwater management
and decorative street lighting downtown. Salentine stated we can look at a TIF at that
time when a proposal is presented. The lighting is on hold due to the County’s
proposal to widen Janesville Road. Woodard stated we could get a nice downtown.
Why not include items and review when we see the plan and then eliminate. If the City
condemns the building, won’t the City incur expense? Chiaverotti prefers that the plans
come to the City first. However, as this is nonbinding, she would support in an effort to
revitalize the area. Patterson stated we should demand it done the right way. Sanders
supports. It is an option that is nonbinding and gives the developer some direction.
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September 22, 1998
The details will be worked out through a developer’s agreement. Motion to support TIF
carried 4-3 with Slocomb, Chiaverotti, Sanders, and Woodard voting “yes” and
Patterson, Pionek, and Salentine voting “no.” Patterson moved to amend the resolution
to remove hazardous materials remediation and demolition of existing structure and site
restoration from the BE IT FURTHER RESOLVED. Pionek seconded. Motion carried
5-2 with Slocomb, Chiaverotti, Patterson, Pionek, and Salentine voting “yes” and
Sanders and Woodard voting “no.” Patterson moved to add “owned by the City” to
“downtown public space improvements” in the BE IT FURTHER RESOLVED.
Chiaverotti seconded. Motion failed 4-3 with Slocomb, Chiaverotti, Sanders, and
Woodard voting “no” and Patterson, Pionek, and Salentine voting “yes.” Chiaverotti
stated if she votes resolution down, it does not mean she does not entertain the idea of
a TIF district for the area. Reso. #171-98, as amended, defeated with Chiaverotti,
Patterson, Pionek, and Salentine voting “no” and Slocomb, Sanders, and Woodard
voting “yes.” Mr. Anderson left following this item.
Reso. #170-98 - Approval of Certified Survey Map - Knudsen (Possible
Reconsideration). Slocomb stated one of the notes on the map, as approved, stated
Parcels 1 and 2 shall be served by sanitary sewer. Parcel 2 is not intended to be
developed and sewer is not available. It is proposed to have the note read “areas
zoned RS-2 shall be served by sanitary sewer.” Salentine moved for reconsideration.
Slocomb seconded; motion carried. Slocomb moved to amend the map with the note to
read “Areas with the RS designation shall be served by sanitary sewer.” Salentine
seconded. Mr. Sadowski stated that was not clear as there is no “RS” zoning district.
The Mayor suggested the note read, “Areas with sewer designation shall be served by
sanitary sewer” with the agreement of the maker of the motion and second. Motion
carried. Reso. #170-98, as amended, adopted 7-0. Mr. Sadowski was dismissed at
12:00 a.m.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
2. Review State Statute 62.23(5) as it relates to final architectural approval for the new
library or any publicly owned facility. Chiaverotti stated she requested this issue be
placed on the agenda because it was discovered that the state statutes call for the
Council to have final architectural design approval of a publicly owned building.
Slocomb stated that the approval will be done through a resolution. The Mayor stated
the architects have indicated if no structural changes will be made, a resolution at the
10/13 Council meeting will not present a problem. If changes will be requested, a
special meeting will be necessary so as not to delay the project. He also noted that the
interior designs are being reviewed by the Library Board. Pionek requested to see a
plan. The Mayor stated he will request architects provide small scale drawings for the
aldermen. If anyone intends to request a substantial change, please notify him by
Tuesday (9/29) so a special meeting can be scheduled.
The Mayor stated it was not necessary to convene into closed session No. 1.
CLOSED SESSION NO. 2
Patterson moved to convene into closed session pursuant to §19.85(1)(e) deliberating
or negotiating the purchasing of public properties, the investing of public funds, or
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September 22, 1998
conducting other specified public business, whenever competitive or bargaining
reasons require a closed session; more specifically negotiating contract for Tess
Corners Volunteer Fire Department. Salentine seconded. Motion carried 7-0.
The deputy clerk was dismissed.
Pionek moved to convene into open session at 1:11 a.m. Slocomb seconded. Motion
carried 7-0.
Patterson moved for acceptance of the Public Services Committee minutes of meeting
held 9/9/98. Woodard seconded. Motion carried.
Slocomb moved for acceptance of Finance Committee minutes of meetings held
9/16/98, 9/22/98. Salentine seconded. Motion carried.
Minutes of 9/15/98 Plan Commission meeting, 9/14/98 Parks & Recreation Board, and
8/26/98 Library Board were received and placed on file.
Ord. #971 - An Ordinance to Amend Chapter 12, Section 12.06(1) of the Municipal
Code of the City of Muskego (Taxicabs). Second Reading. Salentine moved for
adoption. Woodard seconded. Motion carried 7-0.
Reso. #172-98 - Resolution to Adjust Step Increase - Accountant Position. Salentine
moved for adoption. Slocomb seconded. Carried 7-0.
Reso. #174-98 - A Resolution Authorizing a Mutual Aid Agreement - Participation in
Suburban Mutual Assistance Response Teams. Sanders moved for adoption.
Slocomb seconded. Carried 7-0.
Reso. #176-98 - Offer to Purchase - Kogelmann - Easement. Pionek moved for
adoption. Woodard seconded. Carried 7-0.
Reso. #177-98 - Establish Traffic Regulations. Patterson moved for adoption.
Woodard seconded. Carried 7-0.
Reso. #178-98 - Approval of Letter of Credit and Developer’s Agreement - Kimberly
Estates. Removed from agenda.
Reso. #179-98 - Appointment of Weed Commissioner. Slocomb moved for adoption.
Sanders seconded. Carried 7-0.
Reso. #180-98 - Offer to Purchase - Parkland Drive Bike Path. Salentine moved for
adoption. Sanders seconded. Salentine moved to amend the offer to include $500 on
Line 8. Slocomb seconded; carried. Reso. #180-98, as amended, adopted 7-0.
LICENSES
Slocomb moved for approval of Operator Licenses for Ken Strowig. Salentine
seconded. Motion carried.
Slocomb moved for approval of Dawn Drake as agent for Class “B” Beer License for
Kwik Trip. Salentine seconded. Motion carried.
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September 22, 1998
VOUCHER APPROVAL
Slocomb moved for approval of General Vouchers in amount of $919,607.23. Sanders
seconded. Motion carried 7-0.
Sanders moved for approval of Utility Vouchers in amount of $236,067.65 $121,283.18.
Woodard seconded. Carried 7-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
1. Discuss Purchase of Audio Recorder and Taping Policy.
The Council determined that the existing recorder should be repaired and the policy
should be implemented when the recorder is available and it is practical. No meetings
would be canceled due to the unavailability of the recorder. When a new recorder is
purchased in 1999, it will be mandatory to follow the policy.
Sanders moved to adjourn at 1:30 a.m. Slocomb seconded. Motion carried.
Minutes taken and transcribed by J. Blenski.
Respectfully submitted,
Jean K. Marenda, CMC
Clerk-Treasurer