COMMON COUNCIL Minutes 0120710
COMMON COUNCIL - CITY OF MUSKEGO Approved 7/24/2012
MINUTES OF MEETING HELD JULY 10, 2012
Mayor Chiaverotti called the meeting to order at 7:06 p.m. Present were Ald.
Schaumberg, Soltysiak, Glazier, Borgman, Harenda and Wolfe, Police Chief Geiszler,
Community Development Director Muenkel, City Attorney Anderson and Deputy Clerk
Blenski. Ald. Madden was absent. Those present recited the Pledge of Allegiance.
The Deputy Clerk stated that the meeting was properly noticed on July 6.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti stated that she appointed Ald. Glazier to the Mayor’s Task Force on
Communications. In addition, he will also serve on the Public Safety Committee in
place of Ald. Madden. The Mayor noted that no meetings are scheduled for August 14
because of the election. She also requested that the Council members wait until
recognized to speak.
PUBLIC COMMENT
The following spoke:
Lorie Oliver Ord. #1361
S75 W17674 Harbor Circle
Heidi Lindhorst Reso. #072, Ord. #1361, Ord. #1362
S75 W18094 Boszhardt Lane
Debra Bolton Reso. #072, Ord. #1361, Ord. #1362
W186 S7569 Kingston Drive
Jim Lindhorst Ord. #1361
S75 W18094 Boszhardt Lane
David Taube Ord. #1361 and Ord. #1362
S75 W18687 Kingston Drive
Marguerite Ingold Ord. #1361
S76 W17501 Janesville Road
Barb Schroeder Ord. #1362
W200 S6895 Adrian Drive
Lou Boryc Ord. #1362
S76 W18538 Kingston Drive
The Mayor read the comments submitted by Sue Hammond, S76 W18130 Janesville
Court, regarding Ord. #1361.
UNFINISHED BUSINESS
Ord. #1361 – An Ordinance to Amend the Zoning Map and Comprehensive Plan of the
City of Muskego (Hewitt – RL-3 to DR-1). Second Reading. Ald. Glazier moved for
adoption. Ald. Schaumberg seconded. Mr. Muenkel stated that the Plan
Commission recommended approval of the rezoning with conditions. If the Common
Council wants to approve the rezoning based on the recommendation of the Plan
Commission, an amendment will have to be made. Mr. Muenkel stated that several
petitions were received regarding the rezoning. There is one legitimate petition that was
submitted that will require a three fourths vote for the ordinance to be adopted (5 out of
the 6 members present). Mr. Muenkel stated that staff has consulted with legal counsel.
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July 10, 2012
The rezoning petition of the property owner cannot simply be grandfathered in. He did
note that conditions can be put on a rezoning. The Plan Commission’s
recommendation in favor of the rezoning is subject to approval of a Building, Site and
Operation Plan (BSO). The BSO approval will be subject to the restaurant structure
being close to Janesville Road and no more than four residential units will be allowed.
Mr. Muenkel stated if the property is not rezoned, Mr. Hewitt could potentially be
allowed up to four residential units on the site. If the Council approves the rezoning with
the proposed conditions, it will not go into effect until the BSO is approved by the Plan
Commission.
Ald. Glazier
A solution is needed on how to retain the business while respecting the sensitivity
of the neighbors.
Believes the conditions placed by the Plan Commission addresse the concerns.
The question before the Council – is this an appropriate use of the land?
Ald. Harenda
The Council will not have any control or say regarding this once the rezoning is
voted on. He would like to see a better drawing.
Mayor
The petitioner will need to know what specifically the Council is looking for. A nicer
drawing alone that depicts four residential units and a commercial building by the
road does not change anything. The question is does this zoning fit as stated by
Ald. Glazier.
Ald. Wolfe
Agrees that there are concerns and a better drawing is needed.
Ald. Soltysiak
Suggested two options: 1) defer until a better drawing is submitted, or 2) approve
the rezoning with the amendment recommended by the Plan Commission with the
BSO being approved by the Common Council.
Attorney Anderson
The BSO must be approved by the Plan Commission pursuant to the City’s
Municipal Code.
Ald. Borgman
This property has been part of the proposed lake park development.
Is this really going to happen?
Once it is rezoned, it’s gone.
Cannot support without having concrete evidence.
Mr. Muenkel suggested that the Council hear from the petitioner, Mr. Hewitt.
Dan Hewitt
The County has indicated that he will need to be out of the restaurant by November
1. He is hoping to stay until January.
The property has to be rezoned; he cannot rebuild without it.
Ald. Soltysiak moved to amend the ordinance to accept the conditions
recommended by the Plan Commission. Section 4 to read as follows: This
ordinance is in full force and effect from and after passage and publication and
conditioned on the Plan Commission approval of a Building, Site, and Operation Plan
(BSO). The BSO approval shall follow the general conceptual layout submitted as part
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July 10, 2012
of this rezoning which shall include a bar/restaurant built close to Janesville Road and
no more than four (4) residential units on the property. Ald. Schaumberg seconded.
Motion carried with Ald. Schaumberg, Soltysiak, Glazier and Harenda voting yes
and Ald. Borgman and Wolfe voting no. The City Attorney reiterated that a three
fourths vote was required as a result of the petition submitted by Mr. James Lindhorst.
Ordinance #1361, as amended, failed with Ald. Borgman and Wolfe voting no and
Ald. Schaumberg, Soltysiak, Glazier and Harenda voting yes.
Ord. #1362 – An Ordinance to Amend the 2020 Comprehensive Plan of the City of
Muskego. Second Reading. Ald. Harenda moved for adoption. Ald. Soltysiak
seconded. Mr. Muenkel stated that the ordinance before the Council contains the
original language and not the amendment recommended by the Plan Commission.
Mayor Chiaverotti stated that the owners that backed out of the lake park proposal
requested that their specific properties be removed.
Ald. Soltysiak
Removing the language will not prevent the Council from pursuing a lake park.
Ald. Glazier
Concerned about taking language out. He believes it makes the statement that the
Council is opposed to it. He supports the recommendation of the Plan
Commission.
Ald. Glazier moved to amend the ordinance to accept the recommendation of the
Plan Commission. Ald. Schaumberg seconded.
Ald. Harenda stated the Plan Commission recommendation still contains a reference to
Janesville Road regarding lake access. Ald. Soltysiak agreed that specific properties
are still being called out. He would like the reference to be removed.
Mayor Chiaverotti stated the reference to Janesville Road is the result of many
meetings, citizen comments, surveys, etc. She objects to removing it. Ald. Glazier
agreed and stated the Council should allow the Plan Commission, CDA, etc. to do the
work they are asked to do.
Motion to amend failed with Ald. Soltysiak, Borgman, Harenda and Wolfe voting
no and Ald. Schaumberg and Glazier voting yes.
Mayor Chiaverotti reiterated that the 2020 Comprehensive Plan is the result of a
process that involved a lot of citizen input. Any changes should be made to the 2030
plan.
Ord. #1362 adopted 4 in favor and Ald. Schaumberg and Soltysiak voting no.
CONSENT AGENDA
Ald. Borgman moved to approve the items under the Consent Agenda with the
removal of Reso. #072-2012. Ald. Harenda seconded. Ald. Glazier requested the
removal of Reso. #071-2012. Motion carried 6 in favor.
The following items were approved:
Approval of Operators’ Licenses for Bobbie Jo Bartolotta, Melanie Blomquist, Anna
D’Amato, Stephanie Diekfuss, Diane Hernitz, Kayla Kakonis, Jamie Kotnarnowski,
Raeann Kuemmerlein, June Loh, Tara Maney, Jayme Martin, Thomas Pajot, Kaylin
Pichler, Samantha Sawdy, Valerie Sawicki, Christine Sobczyk, Melissa Sorce, Rose
Stoeger, Emily Weitkunat, Diane Whitehouse and Paula Zeller.
Common Council Minutes 4
July 10, 2012
Approval of Common Council Minutes – June 26, 2012
Reso. #073-2012 – Approval of Certified Survey Map - Baseler
NEW BUSINESS
Reso. #071-2012 – Appointment of Alderman to Community Development Authority.
Ald. Borgman moved for adoption. Ald. Soltysiak seconded. Motion carried 5 in
favor and Ald. Glazier abstaining because he is the appointee.
Reso. #072-2012 – Appointment of Citizen Member to the Community Development
Authority. Ald. Schaumberg moved for adoption. Motion died for lack of second.
REVIEW OF COMMITTEE REPORTS
The May 22, 2012 Finance Committee minutes were reviewed.
FIRST READING OF ORDINANCE AND POSSIBLE SECOND READING IF RULES
ARE WAIVED
Ord. #1363 – An Ordinance to Repeal and Recreate Section 36.04 (6) of the City of
Muskego City Code Related to Wireless Public Safety Communications. Chief Geiszler
stated the ordinance was an effort for the Police Department to receive cellular 911 calls
directly. Currently they go through the Waukesha County Communication Center. City
Attorney Larson has recommended amending Chapter 36 of the Municipal Code, which
regulates telecommunication providers. Attorney Anderson stated once the ordinance
is adopted, the City will notify the providers who operate in the City to route their
wireless 911 calls to the City PSAP. The Chief stated that the City is legally entitled to
take these calls. Over the past 15 months, Waukesha County has not been willing to
work this out. Attorney Anderson noted that the Council could suspend the rules and
have the second reading of the ordinance this evening. Ald. Soltysiak moved to
suspend the rules. Ald. Borgman seconded. Motion carried 6 in favor. Second
Reading. Ald. Borgman moved for adoption. Ald. Soltysiak seconded. Motion
carried 6 in favor.
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$22,757.70. Ald. Wolfe seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of General Fund Vouchers in the
amount of $372,544.62. Ald. Wolfe seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
Mayor Chiaverotti stated that any specific budget requests should be submitted to her
by July 15. No one indicated there are any conflicts with the scheduled meetings, so
the budget process will proceed based on the timetable that was distributed.
CLOSED SESSION
The Mayor announced that the Council would convene into closed session. The Deputy
Clerk was dismissed following recording the motions and votes for closed session. Ald.
Borgman moved to convene 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
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July 10, 2012
specifically labor negotiations for 2012. Ald. Soltysiak seconded. Motion carried
6 in favor.
Ald. Soltysiak moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(g) Conferring 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 discussion of Notice of Claim filed by Mike Moore against the City.
Ald. Glazier seconded. Motion carried 6 in favor.
Ald. Soltysiak moved to convene 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 Waste Management Proposed Wellhead Protection Agreement. Ald.
Borgman seconded. Motion carried 6 in favor.
Ald. Soltysiak moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(g) Conferring 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 recent developments regarding Parkland Venture, LLC vs. City of
Muskego. Ald. Borgman seconded. Motion carried 6 in favor.
OPEN SESSION
Ald. Borgman moved to reconvene in open session. Ald. Soltysiak seconded;
motion carried.
ADJOURNMENT
Ald. Glazier moved to adjourn at 10:40 p.m. Ald. Harenda seconded; motion
carried.
Minutes taken and transcribed by
Jill Blenski, CMC
Deputy Clerk