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COMMON COUNCIL Minutes - 5/26/2020 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES May 26, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Petfalski called the meeting to order at 6:44 p.m. ROLL CALL Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki, and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Planner Trzebiatowski, 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  There are several flooding issues throughout the City because of the amount of rain. The Department of Public Works is diligently working to address all them. The Mayor asked for everyone’s patience. PUBLIC COMMENT Michael Kuspa was present representing the Forest Glen Subdivision. The subdivision does not oppose allowing additional multi-family units to the existing Basse Planned Development (Will Rose Apartments). Debra Bolton, W186 S7543 Kingston Drive, requested that the Common Council pull Resolution #041-2020 out of Consent for discussion and an individual vote. The Resolution relates to public comment during the Common Council meetings. PUBLIC HEARINGS The Deputy Clerk read the hearing notice to consider the petition of Reno Berg (of PEGARL LLP) to rezone the vacant property described as Tax Key No. 2283.999.004 located on Crowbar Drive from A-1 - Agricultural District to RC-1 - Country Residence District for the purpose of allowing a possible future land division on the property. Planner Trzebiatowski stated this property was located just west of the Muskego Lakes Estates Development. The size of the lot must be at least 88,898 in square feet to meet the Comprehensive Plan. Mr. Trzebiatowski distributed and read a letter from the developer, Mr. Reno Berg. Common Council Minutes 2 May 26, 2020 No one came forward to speak. Mayor Petfalski declared the hearing closed at 6:55 p.m. The Deputy Clerk read the hearing notice to consider the petition of Justin Koeppler (AG Architecture) on behalf of the Basse Family Trust to grant a zoning amendment to the existing PD-42 Basse Planned Development District for the purpose of allowing additional multi-family units and alterations to setbacks and/or offsets for property known as Tax Key Numbers 2198.160.001, 2198.160.002, 2198.160.003 and 2198.160.004. Planner Trzebiatowski stated that PD-42 originally allowed 90 units in two buildings, one a 50-unit and one a 40-unit. The 50-unit building is currently under construction as Phase I. In 2019, the Plan Commission allowed the number of units to be adjusted to 51 units (Building #1) and 39 units (Building #2) as a non-substantial change. Through ongoing market research, the developer has determined that the number of one- bedroom units is in higher demand. Therefore, the petitioner is requesting to change the number of units in Building #2 from 39 to 45. This would increase the total number of units to 96 and is considered a substantial change, which requires an amendment to the PD-42 Zoning District. Additional parking spaces are required as a result of the increase in living units. The petitioner is requesting a waiver to the setback requirement for Building #2. If granted, Building #2 would have the same 30-foot setback from Janesville Road as allowed for Building #1. Mr. Trzebiatowski stated he received a phone call from Tim Kirchner, S66 W15060 Woodland Place, who stated the total unit count should not be increased. He also distributed and read a letter from Scot Fridrick, President of the Lindale Villas Condo Association. The condos are located immediately north of this development. The correspondence from Mr. Fridrick indicated that there was no objection to the proposed amendments. Public Input: Debra Bolton, W186 S7543 Kingston Drive. She stated she opposes the proposed amendments because green space is being sacrificed. The Common Council should consider what is the value to the City regarding the changes being requested. Bill Carity was present and stated he represented the Basse Family. He is requesting a minor reconfiguration for Building #2 to address the increased demand for one-bedroom units. Mr. Carity noted that this project is unique; high-quality materials are being used. There is a significant separation between the two buildings. A total of 8.15 acres will remain open space, which represents 57% of the entire parcel. Building #2 may not be constructed until 2021. With no one else coming forward, the Mayor declared the hearing closed at 7:12 p.m. CONSENT AGENDA Alderperson Kapusta removed Resolution #041-2020 from Consent. Alderperson Kubacki also removed Purchase of the Boom Truck from Consent. Alderperson Kapusta moved to approve the remaining items under Consent Agenda. Alderperson Engelhardt seconded; motion carried. The following were approved: Common Council Minutes 3 May 26, 2020 Common Council Minutes for May 12, 2020. Approval of Operators Licenses for Dawn Brust, Dylan Dombrowski, Bruce Murray, Ronald Petersen, Melissa Tabler, Robert T. Hinners, Robert D. Hinners, Dakota Martinez, and Dawn Vretenar. Resolution #042-2020 – Acceptance of Proposal Submitted by Tri-County Contracting for Old Town Hall Improvements. Resolution #043-2020 – Approval of Kwik Trip Developer’s Agreement. Resolution #044-2020 – Approval of Kwik Trip, LLC Storm Water Management Practice Maintenance Agreement. Resolution #045-2020 – Approval of Muskego School Apartments, LLC Storm Water Management Practice Maintenance Agreement. NEW BUSINESS Resolution #041-2020 – Resolution to Amend the Procedure Regarding Public Comment During Common Council Meetings. Alderperson Kubacki moved to approve. Alderperson Madden seconded. Mayor Petfalski stated an inconsistency was discovered regarding the amount of time allowed under Public Comment. He is neutral as to the amount of time the Common Council wants to allow. In all likelihood, he will not enforce it. Several Alderpersons supported allowing residents the ability to speak and request additional time if needed. Alderperson Kubacki is fine with a three-minute time limit with the Chairperson of the meeting having the discretion to extend it. Alderperson Terrance moved to amend to add, “subject to the discretion of the Chairperson of the meeting” at the end of the fourth WHERAS. Alderperson Kubacki seconded; motion carried. Resolution #041-2020, as amended, adopted. Approve Acquisition Contract and Authorize Signatures for Budget Approved Expenditures over $50,000.00 – Purchase of Boom Truck $192,836.00. Alderperson Kubacki moved to approve. Alderperson Wolfe seconded; motion carried. REVIEW OF COMMITTEE REPORTS Public Works and Safety Committee – January 20, 2020 FIRST READING OF ORDINANCES AND POSSIBLE SECONDING READING IF RULES WAIVED Ordinance #1445 – An ordinance to Amend the Zoning Map of the City of Muskego (A-1 to RC-1 – PEGARL, LLP/Crowbar Drive) Ordinance #1446 – An ordinance to Grant a Planned Development Amendment to the Approved PD-42 Zoning District for the Basse Planned Development Planner Trzebiatowski noted that the Plan Commission already reviewed and made a recommendation regarding the two Ordinances. Typically, the Plan Commission makes its recommendation following receipt of the public hearing comments. He asked if there Common Council Minutes 4 May 26, 2020 was any reason to send either Ordinance back to the Plan Commission. The consensus was no. LICENSE APPROVAL Approval of Change of Agent (Megan Schroeder) for “Class A” License Held by Walgreens #11636, S70W15775 Janesville Road. Alderperson Hammel moved to approve. Alderperson Madden seconded; motion carried. VOUCHER APPROVAL Utility Vouchers Alderperson Wolfe made a motion to approve Utility Vouchers in the amount of $34,899.05. Alderperson Engelhardt seconded; motion carried. General Fund Vouchers Alderperson Wolfe made a motion to approve General Fund Vouchers in the amount of $388,965.38. Alderperson Hammel seconded; motion carried. Wire Transfers for Debt Service Alderperson Wolfe made a motion to approve Wire Transfers for Debt Service in the amount of $1,182,125.00. Alderperson Kubacki 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 $338,689.44. Alderperson Kapusta seconded; motion carried. CITY OFFICIAL’S REPORTS – None COMMUNICATIONS AND MISCELLANEOUS BUSINESS – None ADJOURNMENT Alderperson Engelhardt made a motion to adjourn at 7:37 p.m. Alderperson Kubacki seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.