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COMMON COUNCIL Minutes - 7/14/2020 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES July 14, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:01 p.m. ROLL CALL Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki, and Madden. Also present: Public Works & Development Director Kroeger, Planner Trzebiatowski, City Attorney Warchol, and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT Linne Bruskewitz, W139 S9218 Boxhorn Drive Doug Friedrich, S90 W13950 Boxhorn Drive Both registered to speak regarding the outside events applied for by A.J.’s Bar & Grill to be held in August. Concerns about the number of potential attendees as well as the noise level were expressed. COMMUNICATIONS FROM THE MAYOR’S OFFICE The existing culverts at the Pilak Creek Tributary will be replaced, which will result in the closure of Racine Avenue. Construction to begin in September. PUBLIC HEARING The Deputy Clerk read the notice to consider the petition of John Wahlen of Cornerstone Development to rezone property located on Loomis Road (STH 36), known as Tax Key Numbers 2258.074, 2258.996.001 and 2259.970 and part of Tax Key Numbers 2261.978.003 and 2264.999, from B-4 - Highway Business District, RM-1 - Multiple Family Residence District and PD-38 - Stonebridge Planned Development District to PD - Planned Development District (based on the RM-2 - Multiple Family Residence District) for the purpose of allowing a development of two-family and four-family homes. The 2020 Comprehensive Plan also is proposed to be amended from Commercial use to High Density Residential use to Medium Density Residential use. Planner Trzebiatowski stated the proposed rezoning to the Planned Development District would be based on the RM-2 - Multiple Family Residence District, which is less dense Common Council Minutes 2 July 14, 2020 than the RM-1 District. The site is 43.37 acres in size. The proposal is for 80 living units that would include all ranch style structures consisting of 14 two-family structures, 13 four-family (double duplex) structures and a clubhouse. The development includes internal private roads that stem off the entrance drive to Muskego Lakes Golf Club, which will be improved to City standards and dedicated to the City as a public street. The proposed density falls within the Medium Density Residential land use category. The petitioner is not requesting any type of density bonus. Mr. Trzebiatowski stated an e- mail was received from Bill and Carol Evers, S97 W13725 Stonebridge Way, which he read into the record. The Evers expressed concern about some type of buffer between their subdivision and this development. Mr. John Wahlen was present on behalf of Cornerstone Development. Cornerstone has been working on The Glen at Pellmann Farm Development. He presented highlights of the proposed new development, The Glen at Muskego Lakes. The homes will be further apart with a good deal of green space. Mr. Alan Peters of True Vine Development was also present. He stated that there is approximately 400 feet from the closest building to the rear of the residence in the Stonebridge Subdivision. A berm would have to be reviewed from a wetland perspective. Mr. Stephen Van Gothem, S97 W13172 Champions Drive, stated this is a win-win for all parties involved. The Champions Village and Stonebridge Subdivisions support this development. Mayor Petfalski declared the hearing closed at 6:22 p.m. CONSENT AGENDA Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson Madden seconded; motion carried. The following were approved: Common Council Minutes – May 26, 2020 and June 23, 2020 Approval of Operators Licenses for Frank Bahleda, Katelin Klak, Kayla Nohelty, Jennifer Osterman, Malissa Reik, Noah Sprunk, Sara Tejeda, Tonya Trzecinski, and Katie Wedell. Resolution #058-2020 –Wisconsin Department of Natural Resources NR 208 - Compliance Maintenance Resolution for 2019. Resolution #059-2020 – Approval Letter of Credit Reduction for Will Rose Apartments LLC. LICENSE APPROVAL Approval of Outside Dance Permit for A.J.'s Bar & Grill, S90 W13970 Boxhorn Drive, for August 1, 15, 22, 29, 2020 from 6:00 pm to 10:30 pm and Amendment to Licensed Premise for those dates from 4:00 pm to 10:30 pm. Alderperson Wolfe made a motion to approve. Alderperson Hammel seconded; motion carried. The following discussion took place: Common Council Minutes 3 July 14, 2020 Alderperson Madden –  She wants to ensure the safety of the neighborhood.  She could support approving the first event to see if there were issues. She does not want to approve all three at this time. Alderperson Kubacki –  These are major events.  He appreciates the efforts the establishment is suggesting. However, this is not the proper venue. Alderperson Engelhardt –  He understands the noise concerns.  The other major City events, such as the Community Festival, are on public property. Alderperson Hammel –  The events are for several hours on one night.  He understands the concerns. However, A.J.’s has taken steps to address them.  He believes a reasonable compromise should be reached. Alderperson Terrence –  He applauds A.J.’s for being creative.  However, the events may be too large for the property to support.  Is there a possibility the gun club would participate?  While many concerns have been addressed, he still struggles with the numbers and volume. Alderperson Wolfe –  He noted the number of Outside Dance Permits on tonight’s agenda. The details regarding those events are unknown.  The establishment could have the same number of patrons inside as may attend the outdoor events. Alderperson Madden –  This is not just a one-night event. These events will involve the entire month of August.  She believes the other establishments requesting outside music have contacted the neighbors. Mayor Petfalski –  Parking is definitely an issue. He does not believe the Plan Commission would approve this on the parking alone.  If approved, the parking arrangements with the neighbors will have to be for all three events. Common Council Minutes 4 July 14, 2020  He did note that the Plan Commission has made exceptions regarding the use of outdoor space by businesses because of COVID. Alderperson Wolfe –  He stated that he feels for both the residents in the area and the business.  A.J.’s has made concessions. Alderperson Wolfe made a motion to amend the request for an Outside Dance Permit and Amendment to Licensed Premise submitted by A.J.’s Bar & Grill with the following changes:  Dates: August 1, 15 and 29, 2020. August 22, 2020 is eliminated.  Time: 4:00 p.m. to 8:00 p.m.  Installation of a temporary snow fence on the eastern property line.  Temporary “No Parking” signage in the neighborhood.  Private security on site.  Trash cleanup on site and within the neighborhood.  Additional parking. Alderperson Hammel seconded. Motion to amend failed with Alderpersons Madden, Kubacki, Engelhardt and Kapusta voting no. Alderperson Wolfe –  The Council needs to be consistent when reviewing these applications. We cannot pick and choose one business over another.  Would like one of the Alderpersons who voted no on the amendment to come up with a solution to help this business out. Alderperson Kubacki –  Suggested the establishment work with the Boxhorn Gun Club. Alderperson Kubacki called for the question. Passed 5 in favor and Alderpersons Terrence and Wolfe voting no. Vote on the original motion: Alderpersons Madden, Kubacki, Engelhardt and Kapusta voting no. Alderpersons Terrence, Hammel and Wolfe voting yes. The Mayor called a recess at 6:52 p.m. so the Committee of the Whole meeting could be held. Following the Committee of the Whole meeting, the Common Council reconvened at 7:38 p.m. REVIEW OF COMMITTEE REPORTS Finance Committee – June 9, 2020 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1447 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (B-4, RM-1 and PD-38 to PD - Cornerstone Development) Common Council Minutes 5 July 14, 2020 LICENSE APPROVALS Approval of Outside Dance Permit for Crush Wine Bar, W168 S7392 Parkland Drive, for August 7, 2020 from 5:00 pm to 9:00 pm. Alderperson Kubacki made a motion to approve. Alderperson Kapusta seconded; motion carried. Approval of Outside Dance Permit and Temporary Amendment to Licensed Premise for The Suburban Bourbon, S76 W17745 Janesville Road, for June 4, 2021 (June 5 previously approved) from 4:00 pm to 10:00 pm and August 7, 2020 from 3:00 pm to 10:00 pm. Alderperson Kapusta made a motion to approve. Alderperson Madden seconded. Alderperson Engelhardt made a motion to rescind the previously approved June 5, 2021 date. Alderperson Kapusta seconded; motion carried. Motion to approve, as amended, carried. Approval of Outside Dance Permit for Marx Pioneer Inn, W180 S7808 Pioneer Drive, for July 18, 2020 from 7:00 pm to 10:00 pm, July 25, 2020 from 2:00 pm to 8:00 pm, August 9, 2020 from 2:00 pm to 8:00 pm and August 22 and 29, 2020 from 3:00 pm to 10:00 pm. Alderperson Kapusta made a motion to approve. Alderperson Madden seconded; motion carried. Approval of Outside Dance Permit and Temporary Amendment to Licensed Premise for Tail Spin Bar & Grill, S64 W18295 Martin Drive, for July 23, 2020 and August 6 and 20, 2020 from 6:00 pm to 9:00 pm. Alderperson Kubacki made a motion to approve. Alderperson Kapusta seconded; motion carried. Mayor Petfalski noted that Tail Spin presents a good example of how an establishment can work with residential neighbors when outside events are proposed. Approval of "Class B" Retail License for the Sale of Fermented Malt Beverages and Intoxicating Liquor for Pop's Marketplace, LLC d/b/a Pop's Marketplace, S76 W17501 Janesville Road. No outside sales. Plan Commission approval required. Alderperson Kapusta made a motion to approve. Alderperson Madden seconded; motion carried. Approval of Outside Dance Permit for Bass Bay Brewhouse, S79 W15851 Aud Mar Drive, for July 25, 2020 from 7:00 pm to 11:00 pm. Alderperson Kapusta made a motion to approve. Alderperson Madden seconded; motion carried. Approval of Change of Agent (Justin M. Pankonin) for the "Class A" Liquor License held by Ultra Mart Foods, LLC (Pick 'N Save). Alderperson Kubacki made a motion to approve. Alderperson Madden seconded; motion carried. Approval of Outside Dance Permit and Temporary Amendment to Licensed Premise for Lucky's at the Lodge, S74 W17096 Janesville Road, for August 7, 2020 from 5:00 pm to Midnight. Alderperson Engelhardt made a motion to approve. Alderperson Madden seconded. Alderperson Engelhardt made a motion to amend end time from Midnight to 11:00 p.m. Alderperson Kubacki seconded; motion carried. Motion to approve, as amended, carried. Regarding all of the above Outside Dance Permit approvals, Alderperson Wolfe noted that the Council is not being consistent. He stated that the Council made a mistake by not working with A.J.’s Bar & Grill to come up with a plan. Common Council Minutes 6 July 14, 2020 VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $115,411.08. Alderperson Madden seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $273,547.13. Alderperson Engelhardt seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $371,077.91. Alderperson Hammel seconded; motion carried. CITY OFFICIAL’S REPORTS – None COMMUNICATIONS AND MISCELLANEOUS BUSINESS Updates from Aldermanic Liaisons:  Alderperson Engelhardt stated the Little Muskego Lake District has been conducting virtual meetings. The weed treatment has been successful.  Alderperson Wolfe stated the Senior Taxi Service is looking at options to keep the vehicles more secure in light of the pandemic. ADJOURNMENT Alderperson Engelhardt made a motion to adjourn at 7:49 p.m. Alderperson Hammel seconded; motion carried. Minutes taken and transcribed by Deputy Clerk Jill Blenski.