COMMON COUNCIL Minutes - 2/25/2020
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
February 25, 2020
6:00 PM
Muskego City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Chiaverotti called the meeting to order at 6:03 p.m.
ROLL CALL
Present: Alderpersons Hammel, Borgman, Kapusta, Kubacki, and Madden. Also
present: City Attorney Warchol, Planner Trzebiatowski, and Deputy Clerk Blenski.
Absent: Alderpersons Wolfe and Engelhardt.
STATEMENT OF PUBLIC NOTICE
The Deputy Clerk stated that the meeting was noticed in accordance with the open
meeting law.
PUBLIC COMMENT - None
PUBLIC HEARINGS
1. To consider the petition of D & K Seasonal Services to rezone property known as
Tax Key No. 2225.984 located at S80W19025 Janesville Road from B-2 - Local Service
Center District to B-4 - Highway Business District for the purpose of allowing a
landscape and snow removal company including outdoor sales of mulch, salt,
landscape stone, and other similar products on the property.
Planner Trzebiatowski stated the property is currently commercial and home to the
Paradise Pools store. The petitioner is Dennis Lopiparo of D & K Seasonal Services.
He is interested in purchasing the property to operate his business. Mr. Trzebiatowski
stated that the rezoning would be subject to approval of a Building, Site and Operation
(BSO) Plan.
Public Input:
Ken Holz – owns the property immediately to the east. He is especially concerned
about the open field behind the business. He indicated the City is recommending a
hard surface for that area. Mr. Holz believes water control could be a potential problem.
His property is currently for sale.
Dennis Lopiparo and Kandy Raether, W186 S9038 Cardinal Drive (D & K Seasonal
Services) were present. Mr. Lopiparo stated they are aware that there are water issues.
They intend to be good neighbors and would like to operate their business in Muskego.
Ron Richardson is the current owner of Paradise Pools located at S80 W19025
Janesville Road. The business has been operating for 40 years. The back lot on the
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February 25, 2020
property is always wet. If the area is hard surfaced, the water will run to the south and
will not affect the properties to the east or west.
Mayor Chiaverotti declared the hearing closed.
2. To consider various revisions to Chapter 400 (Zoning Code) of the City of Muskego
Municipal Code. These amendments relate to various Zoning Code regulations and
requirements requiring clarification and/or updates. The proposed amendments relate
to barns as wedding/event venues, goat and livestock regulations, scoreboard
regulations and other miscellaneous topics.
Planner Trzebiatowski reviewed the proposed changes that relate to the topics noted
above. The majority were previously discussed by the Committee of the Whole. He did
look to other communities for sample ordinances that could be applied to Muskego.
References in the Code to hobby farms are also proposed to be removed. Some of the
others are Code changes that staff kept a running list of and are being brought forward
at this time. Lastly, the proposed Ordinance reflects that the Aldermanic representative
to the Plan Commission would be appointed by the Mayor, which mirrors Wisconsin
Statutes.
Public Input:
Mr. Trzebiatowski read a comment into the record submitted by Michael and Linda
Kuwitzky, W188 S10793 Kelsey Drive. The Kuwitzkys could not be present tonight.
They expressed several concerns regarding barns being used as event venues. They
live across the street from Grandma’s Cottage located at W187 S10740 Muskego Dam
Drive. Events have been held at Grandma’s Cottage since 2016, none of which have
been approved by the City. These events have had a negative impact to their property
and quality of life. The Kuwitzkys raised questions regarding the discharge of sanitary
sewer and fire safety issues to name a few. They oppose the proposed changes to
Chapter 400.
Bob Janke, S63 W17271 College. He has a barn that meets the criteria to be used as a
wedding/event venue. He has held four events in the past and would like to continue to
do more. There were no complaints from his neighbors. He supports the proposed
restrictions. They will ensure these events are held properly. He believes the barn
venues can be a benefit to Muskego.
Jeremiah Johnson was present. He is the Director of Operations for the Muskego-
Norway School District. He supports the proposed scoreboard changes. Advertising
pays for the scoreboards. He stated that the backside of the scoreboard also needs to
be addressed.
Christine Koerner, S98W20972 Parker Drive. She made the initial request to the City to
allow goats. She supports the proposed changes.
Devonna Joy, S98W21442 Parker Drive. She is Ms. Koerner’s neighbor and supports
the proposed change to allow goats.
John Giove, S98W21442 Parker Drive. He has had goats in the past. They require
minimal care and do not pose a problem. He supports the proposed change to allow
them.
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February 25, 2020
The Mayor declared the hearing closed at 6:37 p.m.
CONSENT AGENDA
Alderperson Borgman moved to approve Consent items. Alderperson Kubacki
seconded; motion carried. The following items were approved:
Common Council Minutes for February 11, 2020
An Operator License for David Fischbach, Katie Wasiak, Alexis Yaeger, and Barbara
Zydowicz
Resolution #011-2020 – Approval of Amendment of M & N Shooting Enterprize, LLC
(dba) Boxhorns and City of Muskego Lease Agreement for Boxhorn Pole Barn Area
Resolution #012-2020 – Reduction of Letter of Credit for Muskego Lakes Estates LLC
Resolution #013-2020 – Authorization to Replace Police Department Vehicle
UNFINISHED BUSINESS
Ordinance #1441 – An Ordinance to Amend Chapter 39, Section 39-2, of the Municipal
Code of the City of Muskego (Collection of Property Taxes, Special Assessments and
Charges and Other Taxes). Second Reading. Alderperson Kubacki moved to
approve. Alderperson Madden seconded; motion carried.
REVIEW OF COMMITTEE REPORTS
Finance Committee – January 28, 2020
FIRST READING OF ORDINANCES
Ordinance #1442 - An Ordinance to Amend Various Sections of Chapter 400 of the
Zoning Code of the City of Muskego
Ordinance #1443 - An Ordinance to Amend the Zoning Map of the City of Muskego (D &
K Seasonal Services/B-2 to B-4)
LICENSE APPROVAL
Approval of a Class A Dance Hall License and "Class B" License to Sell Fermented Malt
Beverages and Intoxicating Liquor for Tipsy Threesome, LLC d/b/a Irish Cottage II, S98
W12532 Loomis Court, Agent: Kimberly Mathy. Request to have upstairs, outside patio
licensed until close. Alderperson Hammel moved to approve. Alderperson
Kapusta seconded; motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Kubacki made a motion to recommend approval of Utility Vouchers in
the amount of $145,437.80. Alderperson Madden seconded; motion carried.
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February 25, 2020
Tax Vouchers
Alderperson Kubacki made a motion to recommend approval of Tax Vouchers in the
amount of $28,252.76. Alderperson Hammel seconded; motion carried.
General Fund Vouchers
Alderperson Kubacki made a motion to recommend approval of General Fund
Vouchers in the amount of $253,712.14. Alderperson Kapusta seconded; motion
carried.
Wire Transfers for Payroll/Invoice Transmittals
Alderperson Kubacki made a motion to recommend approval of Wire Transfers for
Payroll/Invoice Transmittals in the amount of $210,680.80. Alderperson Hammel
seconded; motion carried.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Planner Trzebiatowski stated the April Plan Commission meeting would be held on
April 2, 2020.
ADJOURNMENT
Alderperson Kubacki made a motion to adjourn at 6:42 p.m. Alderperson Madden
seconded; motion carried.
Minutes taken and transcribed by Jill Blenski, Deputy Clerk.