COMMON COUNCIL Minutes - 5/26/2015
Approved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
May 26, 2015
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:00 pm.
ROLL CALL
Present: Aldermen Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden.
Also present: Community Development Director Muenkel, City Attorney Eric Larson and
Finance and Administration Director Mueller.
STATEMENT OF PUBLIC NOTICE
Ms. Mueller stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Announcements - Memorial Day and Jammin' on Janesville
Mayor Chiaverotti thanked the VFW, American Legion and the Muskego Regency for
hosting ceremonies in honor of Memorial Day. She noted that Jammin' on Janesville event will
take place on Friday, June 5.
Mayor Chiaverotti asked if there were any objections to take Ord. #1396 out of order so that
the City Attorney would have the opportunity to speak. No one objected.
POSSIBLE RECONSIDERATION
Ord. #1396 - An Ordinance to Amend the Zoning Map of the City of Muskego and the
2020 Comprehensive Plan (John Jewell - B-3 and RS-3 to PD - Planned Development
District)
City Attorney Larson stated there was a request to possibly reconsider Ordinance #1396. He
noted that the ordinance was adopted by the Council on May 12 and published on May 21,
2015 and became effective the next day pursuant to Wisconsin Statute 62.11 (4). As of May
22, it became law, and therefore, cannot be reconsidered. Another ordinance is the only way
to change the ordinance that was adopted. Attorney Larson read a portion of an opinion from
the League of Wisconsin Municipalities to confirm his position. He further noted that the
sufficiency of the petitions that were filed is a moot point since the ordinance had already taken
effect. He cannot provide legal advice to the petitioners; he does not represent them.
PUBLIC COMMENT
The following individuals registered to speak regarding Ordinance #1396:
Robert Bliese, S77 W17458 St. Leonards Drive
Marguerite Ingold, S76 W17501 Janesville Road
Ray Ingold, S76 W17501 Janesville Road
Debra Bolton, W186 S7543 Kingston Drive
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Suzi Link, W172 S7297 Lannon Drive
John Albert, S77 W17530 St. Leonards Drive
The following individual registered but did not wish to speak:
Darlene Bliese, S77 W17458 St. Leonards Drive
PUBLIC HEARING
To consider petition of Jeffrey Natrop (Renner Architects) on behalf of ABHM/Tudor Oaks to
grant a zoning amendment to the existing PD-6 Tudor Oaks Planned Development District for
the purpose of allowing 25 additional skilled nursing beds (from 60 to 85) and a 25 unit
reduction to the number of allowed apartments (from 300 to 275).
Mr. Muenkel summarized the plan development amendment. No one was present who came
forward to speak. The Mayor declared the hearing closed.
CONSENT AGENDA
Alderman Kubacki requested the removal of Resolution #057, #058 and #059.
Alderman Hammel requested the removal of Resolution #060 and #061. Alderman
Kubacki made a motion to approve the remaining items under the Consent
Agenda. Alderman Engelhardt seconded.
Motion Passed 7 in favor. The following were approved:
Approval of Operator Licenses for Jacquelynne Barret, Rebecca Bingham, Jane Blakeslee,
Lee Christenson, Maggie Ewert, Jennifer Geske, Diane Jackson, Adam Jankowski, Katy
Nicholson, Debra Nuetzel, Jennifer Obermeyer, Connie Pfaff, Kathleen Rynders, Christine
Satterstrom, Gary Schmutzer, Judith Semrad, Simranjeet Singh, Dawn Sobbe, Sarah Thies,
Bailey Welch and Tami Wright.
Approval of Common Council Minutes - April 28 and May 12
Resolution #052-2015 - Designating the Official Newspaper of the City of Muskego
Resolution #053-2015 - Resolution to Amend the Fund Balance and Annual General Fund
Budgeted Contingency Policy
Resolution #054-2015 - Approval of Election Equipment Contract Governmental Agreement
Resolution #055-2015 - Request for Information to Consider Joining the Waukesha County
Recycling Program
Resolution #056-2015 - Approval of Subdivider's Agreement - Aster Hills
NEW BUSINESS
Resolution #057-2015 - Approval of a TIF 8 Grant for DeWinter Eye Care (S73 W16437
Janesville Road)
Alderman Borgman made a motion to approve. Alderman Engelhardt seconded.
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May 26, 2015
Mr. Muenkel explained the Tax Increment District #8 and Commercial Building and Site Grant
Program to provide financial assistance for this project.
Motion Passed 6 in favor 1 opposed. Alderman Hammel voted no.
Resolution #058-2015 - Approval of Revolving Loan Fund Application for Alpha Plastics
Solutions, Inc. (S82 W19362 Apollo Drive)
Alderman Kubacki made a motion to approve. Alderman Kapusta seconded.
Motion Passed 7 in favor.
Resolution #059-2015 - Approval of a TIF 8 Grant for Muskego Mobil (S73 W16680 Janesville
Road)
Alderman Wolfe made a motion to approve. Alderman Engelhardt seconded.
Motion Passed 6 in favor 1 opposed. Alderman Hammel voted no.
Resolution #060-2015 - Resolution Authorizing a Grant from the Approved Commercial
Building and Grant Program for Max A. Sass and Sons Funeral Home (W173 S7629
Westwood Drive)
Alderman Borgman made a motion to approve. Alderman Kubacki seconded.
Alderman Hammel made a motion to amend to reduce the grant to $3,000. Motion
died for lack of a second.
Motion Passed 6 in favor 1 opposed. Alderman Hammel voted no.
Resolution #061-2015 - Resolution Authorizing a Grant from the Approved Commercial
Building and Grant Program for Marx Pioneer Inn (W180 S7808 Pioneer Drive)
Alderman Kubacki made a motion to approve. Alderman Madden seconded.
Motion Passed 6 in favor 1 opposed. Alderman Hammel voted no.
UNFINISHED BUSINESS
Resolution #045-2015 - Approval of Fee Schedule for Department of Public Works (On the
floor, deferred April 28). Motion to adopt the schedule as recommended by the Public
Works Committee on May 18 passed 7 in favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee - April 28, 2015
Public Works Committee - April 20, 2015
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1398 - An Ordinance to Amend the Zoning Map of the City of Muskego (Tudor
Oaks Planned Development District Amendment)
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May 26, 2015
LICENSE APPROVAL
Approval of Outside Dance Permit and Amendment to Licensed Premise for Michelle Gonzales
d/b/a Twisted Cork, S74 W16832 Janesville Road
June 5 and August 7 - Music from 5:00 pm to 10:00 pm/Outside Premise from 5:00 to Midnight
Alderman Borgman made a motion to approve an Outside Dance Permit and an
Amendment to Licensed Premise changing the time from midnight to 11:00 pm.
Alderman Kubacki seconded. Motion passed 7 in favor.
VOUCHER APPROVAL
Utility Vouchers
Alderman Borgman made a motion to approve Utility Vouchers in the amount of
$33,508.33. Alderman Kubacki seconded.
Motion Passed 7 in favor.
Tax Vouchers
Alderman Borgman made a motion to approve Tax Vouchers in the amount of
$3,670.02. Alderman Madden seconded.
Motion Passed 7 in favor.
General Fund Vouchers
Alderman Borgman made a motion to approve General Fund Vouchers in the amount
of $199,541.60. Alderman Madden seconded.
Motion Passed 7 in favor.
Wire Transfers for Debt Service
Alderman Borgman made a motion to approve Wire Transfers for Debt Service in the
amount of $665,700.00. Alderman Kubacki seconded.
Motion Passed 7 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Borgman made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $314,244.28. Alderman Wolfe seconded.
Motion Passed 7 in favor.
ADJOURNMENT
Alderman Kubacki made a motion to adjourn at 8:24 pm. Alderman Wolfe seconded.
Motion Passed 7 in favor.
Minutes transcribed by Kim Chavie, Assistant Deputy Clerk
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May 26, 2015