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.
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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:
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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
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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.