COMMON COUNCIL Minutes - 8/23/2016
Approved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
August 23, 2016
7:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 7:05 p.m.
ROLL CALL
Present: Aldermen Wolfe, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Alderman
Hammel was absent. Also present: City Attorney Warchol, Community Development Director
Muenkel, Finance and Administration Director Mueller, Interim IT Director Loudon, and Deputy
Clerk Blenski.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting
law.
COMMUNICATIONS FROM THE MAYOR'S OFFICE
Mayor Chiaverotti noted that the Muskego Community Festival runs Thursday through Sunday
(8/25 - 8/28).
PUBLIC COMMENT
No one registered to speak.
PUBLIC HEARINGS
The Deputy Clerk read the public hearing notice to consider the petition of John Wahlen of
Cornerstone Development to rezone property known as part of Tax Key Number 2218.990.008
(Woods Road and Kurtze Lane) from RS-3 - Suburban Residence District to PD - Planned
Development District for the purpose of allowing a multi-family development.
Director Muenkel gave a brief presentation regarding the rezoning request. Cornerstone is
proposing a condominium style development consisting of 34 units on an 11.48 acre site. The
structures would all be ranch style. The proposal is consistent with the 2020 Comp Plan. If
the rezoning is approved, Plan Commission approvals would still be required; a developer's
agreement would have to be approved by the Common Council. Cornerstone Development
appeared before the Plan Commission in July for a conceptual review. The development was
looked upon favorably.
Mr. John Huskisson and Mr. Aaron Koch were present on behalf of Cornerstone
Development. Both provided information regarding the proposed development.
Common Council Minutes 2
August 23, 2016
The following individuals spoke:
William Kritter, W166 S8076 Pellman Lane
Prefers a single family development.
Kathy Westerbeek, W193 S7952 Ancient Oaks Drive
The development would be an asset to the community. There is a demand for this type of
housing.
Daniel Hanrahan, W162 S7947 Bay Lane Place
Were Kurtze Lane and Woods Road assessed to accommodate the additional traffic flow?
Was cost benefit analysis done on changing from single family to condos in terms of tax
revenue?
Jim Reik, W165 SS8266 Kurtze Lane
Water source? What if they don't sell? Is future lake access a possibility?
Kevin Ryan, W163 S7984 Bay Lane Place
Access to lake also his concern.
Karen Fockel, S79 W16655 Woods Road
She is part owner of the subject property. Believes condo development is least disruptive.
The property with lake access is separate and is not part of the proposed development.
Kerry Foti, S79 W16723 Green Court
Concern is safety.
Deb Bolton, W186 S7543 Kingston Drive
Not for or against right now. Playing a shell game with densities.
Mark Laehn, W165 S8254 Kurtze Lane
Does not want the condos to ever have lake access. Would like to see a plus/minus type
of display regarding developing the site as single family vs. condos.
John Huskisson stated that a separate meeting will be held in the future to provide additional
information.
City Attorney Warchol stated that a protest petition was filed, which currently is valid. If petition
stays as is, the rezoning ordinance would require a vote of 6 out of 7 to pass.
Mayor Chiaverotti closed the hearing at 7:45 p.m.
The Deputy Clerk read the petition of Mark Hammond of MSP Real Estate, Inc. to rezone
property known as part of Tax Key Number 2162.996 from I-1 - Government, Institutional and
Public Service District to B-3 - General Business District for the purpose of allowing a senior
housing campus development.
Common Council Minutes 3
August 23, 2016
Mr. Muenkel stated the rezoning petition is for the Heritage Church property located along
Janesville Road as well as frontage on College Avenue. The rezoning is for the southern half
of the overall parcel, which would cover 4.18 acres. A multi-staged nursing home is proposed.
Mr. Muenkel noted that the rezoning would be contingent upon Building, Site, and Operation
Plan and Conditional Use Grant approvals from the City's Plan Commission.
Mr. Mark Hammond was present for MSP Real Estate. This would be the 16th senior living
facility in the State that the company has done. MSP Real Estate believes there is a need for
this type of facility in the community.
The following individuals spoke:
Fred Licau was present on behalf of M-W Marine, College Avenue
M-W owns the property to the west. Concern - stream that runs down the west side of the
property.
Deb Bolton, W186 S7543 Kingston Drive
Supports the facility and location.
Susan Fellows, Heritage Church Elder
The church wanted to work with someone who would provide this need for the community.
Glen Sheridan, W167 S7228 Briargate Lane, also represented Heritage Church.
The church is excited to work with MSP regarding the sale of the property and its development.
Mayor Chiaverotti declared the hearing closed at 8:06 p.m.
CONSENT AGENDA
Alderman Kubacki made a motion to approve the items under Consent. Alderman
Madden seconded. Motion passed 6 in favor. The following were approved:
July 26, 2016 Council Minutes
Operator Licenses for Ashley Bartowiak, Jennifer Bohme, Robert Bruss, Scott Byrnes, Richard
Curley, Tatjana Dacic, Phillip Kloss, Kristin Ksobiech, Julie Reichert, Jodi Ristow, Patti Schultz,
Ericka Shulta, Kathryn Sier, Michael Tersen and Alma Zavala
Resolution #063-2016 - Approval of Certified Survey Map - Delimat, Town of Waterford
Resolution #064-2016 - Establish Traffic Regulations (Stop Signs - Oakhill Trail and Aud Mar
Drive)
Resolution #065-2016 - Authorizing Resolution for Wisconsin RPC and DNR Emerald Ash
Borer (EAB) Mitigation Grant Program
Resolution #066-2016 - Resolution of Eligibility for Exemption from the County Library Tax
Levy for 2017
Common Council Minutes 4
August 23, 2016
Resolution #067-2016 - Approval of Edgewater Heights and Edgewater Heights Addition #1
Subdivider's Agreement
Resolution #068-2016 - Approve Release of Sanitary Sewer Easement and Utility Easement
UNFINISHED BUSINESS
Ordinance #1407 - An Ordinance to Adopt the 2017 - 2021 Parks and Conservation Plan and
to Amend Chapter 41, Section 41.06, of the Municipal Code of the City of Muskego (Detailed
Components of Comprehensive Plan)
Alderman Kubacki made a motion to approve Ordinance #1407. Alderman Madden
seconded. Motion passed 6 in favor.
REVIEW OF COMMITTEE REPORTS
Finance Committee - July 12, 2016
Public Works Committee - June 20, 2016
Plan Commission - July 11, 2016
Parks and Conservation Committee - July 6, 2016
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1408 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Cornerstone Development - RS-3 to PD)
Ordinance #1409 - An Ordinance to Amend the Zoning Map of the City of Muskego (MSP Real
Estate - I-1 to B-3)
LICENSE APPROVAL
Approval of Outside Dance Permit - Marx Pioneer Inn, W180 S7808 Pioneer Drive, October 8,
2016 - Music from 4:00 p.m. to 11:00 p.m.
Alderman Wolfe made a motion to approve. Alderman Madden seconded. Motion
passed 6 in favor.
Approval of Amendment to Licensed Premise to Include Parking Lot - The Suburban Bourbon,
S76 W17745 Janesville Road, August 24, 2016 - 2:00 pm to 9:00 pm
Alderman Madden made a motion to approve. Alderman Wolfe seconded. Alderman
Kapusta requested the proposed amendment be withdrawn. Motion failed 6 in favor.
Approval of Temporary License to Sell Fermented Malt Beverages - Muskego Corvette Club -
August 27, 2016
Alderman Borgman made a motion to approve. Alderman Kapusta seconded. Motion
passed 6 in favor.
Common Council Minutes 5
August 23, 2016
VOUCHER APPROVAL
Utility Vouchers
Alderman Wolfe made a motion to approve Utility Vouchers in the amount of
$31,195.69. Alderman Madden seconded. Motion passed 6 in favor.
Tax Vouchers
Alderman Wolfe made a motion to approve Tax Vouchers in the amount of $12,701.
Alderman Engelhardt seconded. Motion passed 6 in favor.
General Fund Vouchers
Alderman Wolfe made a motion to approve General Fund Vouchers in the amount of
$158,136. Alderman Kubacki seconded. Motion passed 6 in favor.
Wire Transfers for Payroll/Invoice Transmittals
Alderman Wolfe made a motion to approve Wire Transfers for Payroll/Invoice
Transmittals in the amount of $321,336.46. Alderman Engelhardt seconded. Motion
passed 6 in favor.
CLOSED SESSION
Alderman Kubacki made a motion to convene into Closed Session pursuant to
19.85(1)(c) Wis. Stats., Considering employment, promotion, compensation or
performance evaluation data of any public employee over which the governing body
has jurisdiction or exercises responsibility more specifically Interim IT Director.
Alderman Wolfe seconded. Motion passed 6 in favor.
OPEN SESSION
Alderman Borgman moved to reconvene into Open Session. Alderman Kapusta
seconded. Motion passed 6 in favor.
ADJOURNMENT
Alderman Borgman moved to adjourn at 8:20 p.m. Alderman Kapusta seconded;
motion carried.
Minutes transcribed by Jill Blenski, Deputy Clerk.