COMMON COUNCIL Minutes - 9/22/2020
Unapproved
CITY OF MUSKEGO
COMMON COUNCIL MINUTES
September 22, 2020
6:00 PM
Muskego City Hall,
W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:00 p.m.
ROLL CALL
Present: Alderpersons Wolfe, Terrence, Kapusta, Engelhardt, Kubacki, Hammel, and
Madden. Also present: Public Works & Development Director Kroeger, Lead Planner
Trzebiatowski, City Attorney Warchol, and Administrative Assistant Crisp.
STATEMENT OF PUBLIC NOTICE
Ms. Crisp stated that the meeting was noticed in accordance with the open meeting
law.
PUBLIC COMMENT - None
COMMUNICATIONS FROM THE MAYOR’S OFFICE - None
Announcements:
Trick or Treat Hours: Mayor Petfalski stated that the day and hours for Trick or
st
Treat will be October 31 from 6 – 8 pm. Anyone who wishes to participate
should leave a porch light on.
Waukesha County will begin its Pilak Creek Tributary Structure project on
th
Monday, September 28; Racine Avenue (CTH Y) between Woods Road and
Pioneer Drive will be closed for approximately two months.
The Library Board met last week to discuss closing the Library for regular
business during the Election. Both the Library and City Hall will be open for
voting only but neither one will be open for other services.
PUBLIC HEARING
To consider the petition of Senior Housing Partners/Presbyterian Homes to grant a
zoning amendment to the previously approved Planned Development District for the
purpose of allowing an additional three (3) feet in overall height for the approved senior
building facility located at W147 S6800 Durham Place (Tax Key No. 2168.961).
Planner Trzebiatowski stated that this development was approved on November 12,
2019 by Common Council. They are refining building plans to make sure they can
provide a space that is favorable to residents and competitive in the market. Proposed
Common Council Minutes 2
September 22, 2020
height was squeezing the floors which would cause architectural issues. They want to
add a foot to each of the three levels.
Mayor Petfalski asked about an entrance off Janesville Rd. There will be an entrance to
the parking lot from Janesville Rd as well as an entrance off Durham Pl but that
entrance will only be for residents to access underground parking. The two parking
areas will not be connected. It was also noted that an email was received with a
concern related to speeding and traffic in the area.
Bob Gelhaus, W143S6384 Tess Corners questioned the decision to close off Durham
Drive.
Pamela Bells, Project Developer Senior Housing Partners representing Presbyterian
Homes. They wish to provide a comfortable and wellness minded experience. She
spoke in support of the height increase for the following reasons:
Change structural components which would result in eliminating soffits allowing
taller windows bringing in more light
Fewer support columns so interior spaces will have more natural light
Higher ceilings to create brighter environment and enable flexibility in lighting
fixtures
CONSENT AGENDA
Alderperson Kubacki moved to approve the items under Consent Agenda.
Alderperson Terrence seconded; motion carried. The following were approved:
An Operator’s License for Benjamin Angst, Jennifer Craycraft, Mark Dorn, Amanda
Feest, Nicole Khoury, Stephanie Kosmatka, Katie Lederhaus, Ariana Schmidt, and
Natalie Stublaski
Common Council Minutes for September 8, 2020
Resolution #077-2020 – Approval of Timothy Dillett Developer's Agreement
Resolution #076-2020 - Approval of an Amendment to the Intermunicipal Agreement
Between the Town of Norway Sanitary District No. 1 and the City of Muskego
REVIEW OF COMMITTEE REPORTS
Finance Committee – August 25, 2020
Plan Commission – August 25, 2020
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ordinance #1448 - An Ordinance to Grant a Planned Development Amendment to the
Approved PD Zoning District for the Senior Housing Partners/ Presbyterian Homes
Development
Common Council Minutes 3
September 22, 2020
Ordinance #1449 - An Ordinance to Amend Chapter 278, Section 278-5., of the
Municipal Code of the City of Muskego (Public Waters and Beaches/Speed
Restrictions)
Discussion took place regarding the proposed change. Several Alderpersons
expressed keeping the language as is due to safety concerns.
Ordinance #1450 - An Ordinance to Amend Chapter 67 to Rescind Section 67-7. of the
Municipal Code of the City of Muskego (Mayor and Council/Order of Business)
Ordinance #1451- An Ordinance to Amend Chapter 12, Section 12-7., of the Municipal
Code of the City of Muskego (Library Board)
The proposed change is to comply with Wisconsin State Statutes regarding the
terms of the appointed members to the Library Board.
LICENSE APPROVAL
Approval of a "Class A" License for Kwik Trip, Inc. d/b/a Kwik Trip 1080, S63 W13510
Janesville Road, Steven Ward Agent
Alderperson Kubacki made a motion to approve. Alderperson Madden
seconded; motion carried.
Approval of Outside Dance Permit for Tail Spin Bar & Grill, S64 W18295 Martin Drive,
October 1, 2, 8, 15, 22 and 29 - 6:00 pm to 9:00 pm and October 17 - 11:00 am to 9:00
pm
Alderperson Hammel made a motion to approve. Alderperson Wolfe
seconded; motion carried.
Approval of Outside Dance Permit and Amendment to Licensed Premise for Parkland
Lodge LLC (d/b/a Lucky's at the Lodge), S74 W17096 Janesville Road, October 4,
2020 - 11:00 am to 8:00 pm
Alderperson Kapusta made a motion to approve. Alderperson Hammel
seconded; motion carried.
Approval of Outside Dance Permit for Marx Pioneer Inn, W180 S7800 Pioneer Drive,
October 31, 2020 - 2:00 pm to 10 pm.
Alderperson Kapusta made a motion to approve. Alderperson Terrence
seconded; motion carried.
VOUCHER APPROVAL
Utility Vouchers
Alderperson Wolfe made a motion to approve Utility Vouchers in the amount
of $49,418.44. Alderperson Madden seconded; motion carried.
Common Council Minutes 4
September 22, 2020
General Fund Vouchers
Alderperson Wolfe made a motion to approve General Fund Vouchers in the
amount of $259,599.62. Alderperson Engelhardt seconded; motion carried.
Debt Service
Alderperson Wolfe made a motion to approve Tax Vouchers in the amount of
$3,085,077.63. Alderperson Terrence 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 $352,485.26. Alderperson
Kapusta seconded; motion carried.
CITY OFFICIAL’S REPORTS – None
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Little Muskego Lake District – Alderperson Engelhardt stated that LMLD will hold its
Annual Meeting on October 1, 2020 at 7:00 pm.
Muskego Senior Taxi – Alderperson Wolfe stated that its fundraiser, Oktoberfest, is
going to be a virtual event this year with online bidding and games beginning on
Friday October 2 at 6:00 pm and concluding on October 11 at 6:00 pm.
CLOSED SESSION
Alderperson Kubacki moved to convene into Closed Session pursuant to the
following:
Following conclusion of consideration of the above portion of its regularly scheduled
agenda, the Common Council will meet to vote on a motion to convene in Closed
Session for discussion/action relative the following two items:
No. 1: Ronald Schroeder v. City of Muskego, Case No. 2:20-cv-01066-WED, United
States District Court, Eastern District of Wisconsin.
A Closed Session for the above purpose is authorized pursuant to the provisions of
19.85(1)(g), Wis. Stats., Conferring with legal counsel for the governmental body
who is rendering oral or written advice concerning strategy to be adopted by the
body with respect to litigation in which it is or is likely to become involved.
No. 2: The potential creation of a Human Resources position for the City along with
the duties and responsibilities of said position.
A Closed Session for the purpose specified above is authorized pursuant to the
provisions of 19.85(1)(c), Wis. Stats., considering employment, promotion,
compensation, or performance evaluation data of any public employee over which
the governmental body has jurisdiction or exercises responsibility.
Common Council Minutes 5
September 22, 2020
Upon conclusion of the Closed Session, the Common Council will convene in Open
Session to consider its public agenda, including motions to recommend approval or
rejection of the above-listed deliberations or any of the public agenda items that have
not been acted upon.
Alderperson Hammel seconded. Motion carried 7 in favor.
OPEN SESSION
Alderperson Kapusta moved to reconvene into Open Session. Alderperson
Hammel seconded; motion carried.
ADJOURNMENT
Alderperson Kapusta made a motion to adjourn at 7:35 p.m. Alderperson
Hammel seconded; motion carried.
Minutes taken and transcribed by Christine Crisp.