CCM20210914CITY OF MUSKEGO APPROVED
COMMON COUNCIL MINUTES ieIVIAL.
September 14, 2021LTSKE��
6:00 PM tV�..�.�Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:07 pm.
ROLL CALL
Present: Alderpersons Wolfe, Hammel, Terrence, Kapusta, Engelhardt, Kubacki, and
Madden. Also present: City Attorney Warchol, Public Works and Development Director
Kroeger, Lead Planner Trzebiatowski, Police Chief Westphal, Sergeant Monreal, Finance
Director Mueller, Assistant Finance Director Mustapich, Library Director Larson, IT Director
Loudon, Deputy Clerk Blenski and Assistant Deputy Clerk Roller.
STATEMENT OF PUBLIC NOTICE
The Assistant Deputy Clerk stated the meeting was noticed in accordance with the open
meeting law.
PUBLIC HEARING
Mayor Petfalski read the notice to consider the petition of John Marek to rezone property known as
Tax Key No. 2299.992.006 located at S81 W20871 Russet Court from RS-1 — Suburban Residence
District to RS-2 Suburban Residence District for the purpose of allowing a future single-family
subdivision.
Lead Planner Trzebiatowski explained that the public hearing was initially scheduled to be held last
month. Due to a power outage experienced by the Waukesha Freeman, one of the required public
hearing notices was not published. As a result, the public hearing process had to start over. This
has pushed back the developer's timeline. The City's Municipal Code did allow the Plan
Commission to review the rezoning petition prior to the public hearing being held. Mr.
Trzebiatowski stated that the Plan Commission did tentatively recommend approval. However, the
issue would go back to the Plan Commission if any new comments or concerns were expressed at
tonight's public hearing.
Mr. Trzebiatowski stated the developer is proposing 10 single family lots and one outlot. The
developer believes the rezoning increases the number of lots from 8 to 10.
The following spoke with concerns regarding the rezoning:
Dan Fifield, S81 W20845 Russet Ct. Dan is concerned the drainage will have nowhere to
go with all the new pavement, and that he will lose some of his front road since he believes
the road will need to be made wider.
• Nick Wegner, W208 S8119 Hillendale. Nick objects to the rezoning. He purchased his
home 11 years for the conservation because he is a deer hunter. Prior to purchasing the
property, he confirmed with the City of Muskego he was allowed to discharge a firearm. The
rezoning will reduce his area for hunting, and that infringes upon his rights. He also objects
to filling in the wetland area.
• Tenille Goodhue, W208 S8241 Hillendale. Tenille stated her major concern is the issue with
water. Currently there are areas of her property which she is unable to use because of
other developments and road improvements in the past causing water issues. The density
of the proposed development is also a concern.
Common Council Minutes
September 14, 2021
• Robert Czerwinski, W208S8151 Hillendale. Robert's concern is the amount of water that will
flow into his driveway if the wetlands are filled in. He is already addressing issues when it
fills up.
Mayor Petfalski declared the public hearing closed at 6:26 pm.
At 6:27 pm, Mayor Petfalski requested the Common Council recess to reconvene the Committee of
the Whole meeting.
The Common Council meeting reconvened at 6:59 pm following adjournment of the Committee of
the Whole.
PUBLIC COMMENT
None
COMMUNICATIONS FROM THE MAYOR'S OFFICE
None
CONSENT AGENDA
Alderperson Kubacki moved to approve the items under Consent Agenda. Alderperson
Wolfe seconded; motion carried. The following items were approved:
• August 24, 2021 Common Council Minutes
• An Acquisition Contract and Authorize Signatures for Budget Approved Expenditures Over
$50,000.00 - Carpet Installation at Muskego Public Library ($119,554.00)
• Resolution #078-2021 — Approval of a Two -Lot Extraterritorial Certified Survey Map for the
Kintop Property Located in the Town of Norway.
• Resolution #079-2021 — Resolution of Eligibility for Exemption from the County Library Tax
Levy for 2022
• Resolution #080-2021 — Approval of Bond Reduction for Home Path Financial LP
(Cobblestone)
• Resolution #081-2021 — Approval of Letter of Credit Reduction for PEGARL LLP
• Resolution #082-2021 — Re -Approval of a Certified Survey Map and Condominium Plat -
Cobblestone Meadows Development
• Resolution #083-2021 - Re -Approval of a Certified Survey Map - Home Path Financial
UNFINISHED BUSINESS
Resolution #029-2021 - Establishing Traffic Regulations (No Parking Signs - Park Drive).
On the floor, deferred March 23, 2021. Several Council members discussed that there
have been no issues this summer to warrant the No Parking Signs. Motion defeated
with 7 voting no.
NEW BUSINESS
None
REVIEW OF COMMITTEE REPORTS
Parks and Conservation Committee - October 19, 2020
Plan Commission - July 15, 2021 and August 3, 2021
Common Council Minutes
September 14, 2021
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES ARE
WAIVED
Ordinance #1463 - An Ordinance to Amend the Zoning Map of the City of Muskego (Marek/Russet
Court - RS-1 to RS-2)
Mayor Petfalski stated that several of the issues that were brought up have nothing to do with
rezoning the property. Planner Trzebiatowski noted that storm water rules are very strict. Any
water and drainage issues will have to be addressed. A new development can often improve
existing problems. The DNR has jurisdiction regarding filling of wetlands. The size of the lots for
the proposed development is 20,000 square feet compared to 30,000 square feet in the Fireside
Orchard Subdivision.
There were no objections to allow the developer, John Marek, to address the Council. Mr. Marek
responded to the the concerns expressed at the Public Hearing.
The Mayor further stated that the rezoning would not impact Mr. Wegener's ability to hunt on his
property. His available hunting land will be decreased when the property is developed with or
without the rezoning.
Mr. Wegner requested to address the Council in response to Mr. Marek's comments. There was no
objection. He objects to the developer filling in the wetlands. He also believes there is a big
difference between a '/z acre lot and a lot that is 3/4 of an acre.
LICENSE APPROVAL
Approval of Outside Dance Permit for Tail Spin Bar, S64 W18295 Martin Drive, as follows:
• Thursdays, September 16, 23, & 30, October 7, 14, 21, & 28 of 2021 - 6:30 pm to 9:30 pm
(Music/Comedy)
• Saturday, October 16, 2021 - 12:00 pm - 11:00 pm (Fall Fest)
Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried.
VOUCHER APPROVAL
Alderperson Kubacki moved to approve Utility Vouchers in the amount of $65,820.00.
Alderperson Madden seconded; motion carried.
Alderperson Kubacki moved to approve General Fund Vouchers in the amount of
$808,167.60. Alderperson Hammel seconded; motion carried.
Alderperson Kubacki moved to approve Wire Transfers for Payroll/Invoice Transmittals
in the amount of $363,870.82. Alderperson Madden seconded; motion carried.
CITY OFFICIALS' REPORTS
None
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
None
ADJOURNMENT
Alderperson Wolfe moved to adjourn at 7:25 pm. Alderperson Terrence seconded; motion
carried.
Minutes taken and transcribed by Kerri Roller, Assistant Deputy Clerk.