COMMON COUNCIL Minutes 20120724-WO Letter
COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/28/2012
MINUTES OF MEETING HELD JULY 24, 2012
Mayor Chiaverotti called the meeting to order at 7:09 p.m. Present were Ald. Madden,
Soltysiak, Glazier, Borgman, Harenda and Wolfe, City Attorney Larson and Deputy
Clerk Blenski. Ald. Schaumberg was absent. Those present recited the Pledge of
Allegiance. The Deputy Clerk stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti stated that a special Council meeting will be held on August 16 to
approve licenses since the August 14 meeting will not be held because of the election.
PUBLIC COMMENT
Seven individuals requested that their two-minute time period be given to Attorney Julie
Seno regarding Ord. #1361 (Hewitt Rezoning). The Mayor stated the request was
submitted by Heidi Lindhorst, Jim Lindhorst, Thomas Kapusta, Debra Bolton, Scott
Bolton, Linda Stettler, and Cheryl Fairbanks. Ald. Borgman moved to suspend the
rules and allow Atty. Seno to have the time of the seven individuals. Ald. Wolfe
seconded. Motion carried 6 in favor. The Mayor stated that Attorney Seno had 14
minutes for Public Comment. Attorney Seno stated she represented Heidi and Jim
Lindhorst. She submitted correspondence dated July 24 addressed to the City, which
outlines why the Lindhorsts are challenging the Hewitt rezoning. (The letter is
attached.) Attorney Seno stated the Lindhorsts are opposed to the rezoning because it
deviates from the City’s Zoning Code and 2020 Comp Plan.
The following continued to speak under Public Comment:
John Krause Ord. #1361
S94 W13272 Ryan Drive
Joe Bennett Ord. #1361
S76 W18516 Kingston Drive
Tracy Snead Ord. #1361
W134 S6598 Sherwood Circle
(Represents Standup Muskego)
Bill Schneider Muskego Senior Taxi
S75 W20101 Ridge Road
(Thanked the Mayor and Council for the financial contribution.)
Scott Bolton Reso. #075-2012
W186 S7569 Kingston Drive
POSSIBLE RECONSIDERATION
Ord. #1361 – An Ordinance to Amend the Zoning Map and Comprehensive Plan of the
City of Muskego (Hewitt – RL-3 to DR-1). Ald. Madden moved for reconsideration.
Ald. Wolfe seconded. Motion carried 6 in favor.
Ord. #1361, on the floor. Ald. Glazier moved to refer the matter back to the Plan
Commission. Ald. Wolfe seconded. Discussion on the motion:
Ald. Madden:
Council must first determine zoning before the Plan Commission can address the
specifics of the development.
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July 24, 2012
It is not fair to deprive Mr. Hewitt of his business because the County is
reconstructing the road.
Ald. Glazier:
Conflict with how much of the property should be commercial and how much
should be residential.
Would like Plan Commission to reaffirm that commercial use is the proper and best
use of that property in that location.
Mayor Chiaverotti:
The comments made at the public hearing were forwarded to the Plan
Commission. The recommendation of the Plan Commission addressed the
concerns that were expressed.
She has concerns about how sending this back will appear to businesses.
If sent back, the Plan Commission will need specifics as to what you want them to
do.
The Plan Commission’s recommendation considered that the rezoning is replacing
what is already there. In addition, the property is located on Janesville Road and in
a redevelopment district.
City Attorney Larson:
If a substantially different zoning will be considered, in all likelihood, the process
will have to start over (new notice, hearing, etc.)
Ald. Wolfe:
Is not opposed to rebuilding the business.
Needs more clarification regarding the size of the building and back part of the
property.
Ald. Harenda:
Property is unique.
Building is proposed to be double in size.
Ald. Soltysiak:
Questioned if the Plan Commission was bound by the square footage notations on
the “general conceptual layout” submitted as part of the rezoning?
City Attorney Larson:
The language in the ordinance states that the “BSO approval shall follow the
general conceptual layout.” The use of “shall” makes it mandatory; however, the
use of the word “general” provides some discretion.
Ald. Borgman:
We all want to see D.J.’s rebuilt, but not to the grandiose size that is proposed .
It has fit into the residential neighborhood because it has been a small business.
What is proposed will over utilize the property, especially being in the Lake
District.
Questions have been raised; this should not be voted on tonight.
Ald. Glazier:
He personally is in favor of the business and understands why the property
owner wants to expand it. That is not the question.
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July 24, 2012
Ald. Soltysiak:
Concerned that the ordinance language regarding the conceptual layout may be
too restrictive for the Plan Commission.
Motion to refer the matter back to the Plan Commission failed with Ald. Madden,
Soltysiak, Harenda and Wolfe voting no and Ald. Glazier and Borgman voting yes.
Ald. Harenda moved to add that the bar and restaurant cannot exceed 1,800
square feet. Ald. Borgman seconded. Discussion on the motion:
Ald. Glazier:
The City should not restrict the business from growing.
Ald. Wolfe:
Agrees that growth of the business is good and the proposed 1,800 square feet
does not allow for that.
Ald. Glazier:
Believes there are solutions for some of the concerns, such as off-site parking.
Ald. Madden:
Let the Plan Commission do its job.
Motion to limit the size of the bar/restaurant failed with Ald. Madden, Soltysiak,
Glazier, Borgman and Wolfe voting no and Ald. Harenda voting yes.
Ald. Soltysiak moved to amend Section 4 to read, “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 restrict the uses to a bar/restaurant use built on the front 360 feet
of the property along Janesville Road and no more than four (4) residential units
on the property.” Ald. Madden seconded. Ald. Soltysiak stated that by removing the
reference to the diagram, the Plan Commission can work with the petitioner and
surrounding residents. It provides flexibility. Motion carried 6 in favor.
Ord. #1361, as amended, adopted 6 in favor.
CONSENT AGENDA
Mayor Chiaverotti read Reso. #075-2012.
Ald. Soltysiak moved to approve the items under the Consent Agenda. Ald.
Madden seconded. Motion carried 6 in favor.
The following items were approved:
An Operator’s License for Justin Agner, Bradley Akers, Robert Bankenbusch, Randi
Feierstein, Patrick Gibbons, Roger Heinichen, Erin Petersen, Carli Redinger, Kali
Schulte, Brittany Skowranski, Sarah Strasser, Gabrielle Truax, Shirley Velie, Holly
Wurgler and a Temporary License for Arthur Benotti (8/24 – 8/26).
Approval of Common Council Minutes – June 30 and July 10, 2012
Reso. #074-2012 – Resolution of the City of Muskego Common Council Finding and
Declaring that the Redevelopment District No. 4 Project Area is a Blighted Area in Need
of Urban Renewal Projects
Reso. #075-2012 – Resolution Promoting Civil Public Discourse
Common Council Minutes 4
July 24, 2012
REVIEW OF COMMITTEE REPORTS
Finance Committee – June 12, 2012
Plan Commission – June 5, 2012
Community Development Authority – June 19, 2012
Public Safety Committee – June 6, 2012
LICENSES
Ald. Borgman moved to approve the following:
Temporary License to Sell Fermented Malt Beverages
Muskego Chamber of Commerce – August 3, 2012
S74 W17095 Janesville Road (North Shore Bank)
Temporary License to Sell Fermented Malt Beverages and Dance License
Muskego Community Festival, Inc. – August 24, 25 and 26, 2012
Veterans Memorial Park – City Hall Parking Lots
Temporary License to Sell Fermented Malt Beverages and Wine
Common Ground Ministry – September 26, 2012
Callen Construction, S63 W13131 Janesville Road
Ald. Glazier seconded. Motion carried 6 in favor.
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$340,215.57. Ald. Harenda seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of General Fund Vouchers in the
amount of $361,705.37. Ald. Harenda seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
The August calendar was reviewed. The Mayor stated the budget process will begin on
August 16.
PRESENTATION BY CITY ATTORNEY ERIC LARSON
City Attorney Eric Larson presented information regarding open meeting law issues,
public records laws and ethics.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Ald. Harenda stated that he will be proposing amendments to the City’s Purchasing
Policy.
ADJOURNMENT
Ald. Harenda moved to adjourn at 9:29 p.m. Ald. Wolfe seconded; motion carried.
Minutes taken and transcribed by
Jill Blenski, CMC
Deputy Clerk