Plan Commission Minutes 11022021 ApprovedAPPROVED
CITY OF MUSKEGO
PLAN COMMISSION MINUTES
11 /02/2021
6:00 PM
Muskego City Hall, W182 S8200 Racine Avenue
CALL TO ORDER
Mayor Petfalski called the meeting to order at 6:03 PM.
PLEDGE OF ALLEGIANCE
Those present recited the Pledge of Allegiance.
ROLL CALL
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JUSKEGO
Present: Mayor Petfalski, Alderman Madden, Commissioners Bartlett, Graf and Gazzana. Planner
Trzebiatowski
Absent: Commissioners Buckmaster and Oliver
STATEMENT OF PUBLIC NOTICE
The meeting was noticed in accordance with the open meeting laws.
APPROVAL OF THE MINUTES
Approval of the Minutes from the October 5, 2021 meeting.
Alderman Madden made a motion to approve the minutes. Commissioner Graf seconded. Motion to approve
passed unanimously.
OLD BUSINESS FOR CONSIDERATION
RESOLUTION 056-2021 Approval of an Annual Review for Frey Auto located at S106
W16301 Loomis Road / Tax Key No. 2293.996.002.
Planner Trzebiatowski provided a status update on the Frey Auto review including a new site they are looking
at and it may not be very feasible. The other option was his old site, but this may not be the best option either.
Alderman Madden noted that she spoke with the petitioner and he can't get answers on the properties.
Alderman Madden told him that the Plan Commission will likely started the citation process.
Mayor Petfalski said that this has been going on since he took office, but he needs to come into compliance.
The site is turning more into a salvage yard rather than an auto retail and repair. He had a plan and business
model when he built the store, but this has changed to buying cars and then autos for parts.
Alderman Madden said that they should start the violation process, which will give him enough time to get rid
of what's there and the violation will be the incentive to get it done.
Commissioner Graf said he doesn't have limited number of options, but he has been offered time and
coaching from the City. The Plan Commission should start the process of making him financially responsible
for his failure to comply.
Planner Trzebiatowski noted that issuing a citation does not guarantee a financial loss. In general, if someone
comes into compliance the fine is normally small to cover staff time. If not, the fine could be greater. There is
no ability to buy out of the noncompliance.
Mayor Petfalski added that this issue needs to be moved away from the Plan Commission and put this into the
hands of the attorney so he can work to compliance. The Plan Commission just needs to decide whether the
Planning Department should move forward with citations.
Commissioner Bartlett said that he hates to do this to a business, but at the same time he wouldn't want to buy
a gas station with ground issues and if the owners know he needs the land the price would go up. But, the
petitioner does have options to clean up, or store is cars elsewhere.
Mayor Petfalski noted that the solutions that he is coming up with do not fit the zoning anyway. This is the
City's last corridor of commercial development and the goal would be to be developed nicely and a salvage
yard doesn't necessarily fit that goal.
Planner Trzebiatowski added that the Resolution should be deferred indefinitely and there wouldn't be any
action until the courts work this out. The citation would be back -dated to March 22, 2021.
Alderman Madden moves to defer Resolution 056-2021 and forward the complaint on to the City Attorney for
the possible issuance of citations. Commissioner Graf seconded. Motion to defer is approved unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION PC 065- 2021 Approval of a Preliminary Plat for the Apple Hills subdivision
located at S81 W20871 Russet Court / Tax Key No. 2229.992.006.
Planner Trzebiatowski provided an overview of the submittal. This was previously seen by the Plan
Commission for a rezoning from RS-1 to RS-2 that was recently approved from Common Council. There are
ten lots with one lot having the existing home and one outlot for stormwater. There is a road extension to the
property towards the south. There is a note on the plat that the petitioner is seeking approval from the DNR to
fill the wetlands. If this wetland fill approval is not obtained, the lot layout would definitely change as one or
two lots may be unbuildable.
Alderman Madden made a motion to approve Resolution PC 065-2021. Commissioner Graf seconded.
Motion to approve passed unanimously.
RESOLUTION PC 066-2021 Recommendation to Common Council to amend Sections 400-
18, 400-23, 400-176 and 400-195 of the Municipal Code.
Planner Trzebiatowski explained that the code revisions are grouped together for efficiency. The four code
modifications include labeling a secondary dedicated right-of-way adjacent to a lot that has not been improved
or under -improved it is considered as a typical rear offset. The second item eliminates the timeframe for
removing political signs after an election. The third item relates to outdoor recreation lighting pole height. The
final code revisions removes a special exception provision from the code. There was a public hearing last
month at Common Council with no negative comments.
Alderman Madden made a motion to approve Resolution PC 066-2021. Commissioner Bartlett seconded.
Motion to approve passed unanimously.
MISCELLANEOUS BUSINESS
None
ADJOURNMENT
Alderman Madden made a motion to adjourn. Commissioner Graf seconded. Motion to adjourn passed
unanimously.
Respectfully Submitted,
Aaron Fahl, AICP
Associate Planner