COMMON COUNCIL Minutes 20111122
COMMON COUNCIL - CITY OF MUSKEGO Approved: 12/13/2011
MINUTES OF MEETING HELD NOVEMBER 22, 2011
Mayor Chiaverotti called the meeting to order at 7:10 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak, Werner, Borgman, Snead, Community Development Director
Muenkel and Deputy Clerk Blenski. Ald. Harenda was absent. Those present recited
the Pledge of Allegiance. The Deputy stated that the meeting was noticed in
accordance with the open meeting law on November 18, 2011.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti stated it will not be necessary to convene into closed session. She
noted that she and Ald. Fiedler will communicate with the City Attorney regarding the
Manson, Link-Manson and Borgman claims. Any decisions that need to be made will
come before the Common Council.
The Mayor announced the members that will serve on the Mayor’s Task Force on
Communications. Ald. Werner will be the Council representative. Various City
personnel will also attend the meetings as needed.
No one registered to speak under Public Comment.
PUBLIC HEARINGS
The Deputy Clerk read the public hearing notice to consider the petition of Giuseppe
and Marlene LaLicata to rezone property known as S78 W16355 Woods Road (Tax Key
No. 2200.996) from RS-3 - Suburban Residence District to B-2 - Local Service Center
District for the purpose of allowing the existing commercial/restaurant as a conforming
use. A 2020 Comprehensive Plan amendment will also be required for this parcel from
Medium Density Residential to Commercial.
Mr. Muenkel stated the existing RS-3 district allows single family residential uses. The
petition is to rezone the property to B-2, which allows a variety of commercial uses. The
property is currently being used as a pizza restaurant, which is a legal noncomforming
use. The petitioners are requesting the rezoning so the commercial use on the property
will be conforming. A 2020 Comprehensive Plan amendment will also be required
because the plan mimics the existing zoning. Mr. Muenkel noted that once the property
is rezoned, other commercial uses would be permitted under the B-2 zoning district.
No one present requested to be heard; the Mayor closed the public hearing.
The Deputy Clerk read the public hearing notice to consider the petition of the City of
Muskego to rezone the Borst property on Field Drive (Tax Key Nos. 2185.999,
2185.998, 2190.996.004 and 2190.995) from EA - Exclusive Agricultural District to CI-1
- Conservation District and RCE - Rural Country Estate District for the purpose of a new
City open space preservation and a future land division. A 2020 Comprehensive Plan
amendment will also be required for the areas intended to be rezoned to CI-1 -
Conservation District. These areas will need to go from Rural Density Residential uses
to Conservation Uses in the 2020 Planning Map.
Mr. Muenkel stated the rezoning was initiated by the City as part of the Borst property
acquisition. The City is purchasing approximately 106 acres of the Borst property to be
used for conservation purposes in the future. The proposed rezoning would also
change the zoning from EA to RCE for the portion that Ms. Borst intends to retain and
Common Council Minutes 2
November 22, 2011
develop as residential parcels. The proposed ordinance to rezone the property is
contingent upon the Council’s approval of the certified survey map as well as closing on
the purchase, which is scheduled to take place on December 19.
No one present requested to be heard; the Mayor closed the public hearing.
CONSENT AGENDA
Ald. Werner moved to approve the items under the Consent Agenda. Ald. Snead
seconded. Motion carried 6 in favor.
The following items were approved:
Approval of Operator’s Licenses for Andrew Geibel, Stephanie Grode, Gayle Haack,
Lucas Kirsling, Tammy Pederson, Chelsey Pollack, Heather Rodriguez and Ethan
Wasserburger
Common Council Minutes - October 24 and 25, 2011
Reso. #161-2011 - Authorization to Terminate the Service Agreement with Jani-King,
Inc. and Approval of Agreement with Dan Plautz Cleaning Service, Inc. for Cleaning
Services
Reso. #162-2011 - Approval of City Labor Attorney
Reso. #163-2011 - Approval of Certified Survey Map - Birkley
Reso. #164-2011 - Approval of Release of Restriction for Extraterritorial Certified
Survey Map - Cartwright, Town of Vernon
Reso. #165-2011 - Approval of Agreement between Veolia ES Emerald Park Landfill,
LLC, the City of Muskego, City of Franklin, Town of Norway, Racine County and
Waukesha County for the Expansion of Veolia Emerald Park Landfill
Reso. #166-2011 - Dedication and Acceptance of Public Improvements in and for Tudor
Oaks Retirement Community and Release of Letter of Credit
Reso. #167-2011 - Resolution Authorizing the Mayor to Approve Vouchers
Reso. #168-2011 - Approval of Contract between the City of Muskego and WI Building
Inspection LLP for Building Inspection Services for the City of Muskego
Reso. #169-2011 - Approval of an Amendment to the Agreement between Foth
Infrastructure & Environment, LLC and the City of Muskego for Tess Corners Drive
Reconstruction Design
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 10/11/2011 Finance Committee, 10/4/2011 Plan
Commission, 10/5/2011 Public Safety Committee, and 10/10/2011 Parks & Recreation
Board.
ORDINANCES
Ord. #1344 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (Borst - EA to CI-1 and RCE). First Reading.
Ord. #1345 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of
the City of Muskego (LaLicata - RS-3 to B-2). First Reading.
Common Council Minutes 3
November 22, 2011
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $142,735.67. Ald. Fiedler seconded. Motion carried 6 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $344,683.17. Ald. Fiedler seconded. Motion carried 6 in favor.
Ald. Schaumberg moved for approval of payment of Wire Transfers for Debt
Service in the amount of $611,312.50. Ald. Fiedler seconded. Motion carried 6 in
favor.
CITY OFFICIALS’ REPORTS
The December calendar was reviewed. The Mayor stated that there would not be a
Common Council meeting held the last week in December because of the holiday. Ald.
Fiedler noted that Durham Drive should officially be reopened on Wednesday,
November 23, 2011. He thanked everyone for their patience during the reconstruction
process. Mayor Chiaverotti wished everyone a Happy Thanksgiving.
ADJOURNMENT
Ald. Snead moved to adjourn at 7:30 p.m. Ald. Fiedler seconded; motion carried.
Minutes taken and transcribed
by Jill Blenski, Deputy Clerk