Commuinity Development Authority- MINUTES - 12/1/2008
CITY OF MUSKEGO Approved, as amended, 2/17/09
COMMUNITY DEVELOPMENT AUTHORITY (CDA)
MINUTES
MONDAY, DECEMBER 1, 2008
Chairman Frank Waltz called the meeting of the Community Development Authority to order
at 7:00 p.m.
Those in attendance recited the Pledge of Allegiance.
The meeting was posted in accordance with the Open Meeting Law.
PRESENT: Commissioners Rob Glazier, David Lidbury, Suzi Link, Gail Miles, Frank Waltz,
Ald. Pavelko, Ald. Werner and Executive Director Muenkel.
GUESTS: Craig Karus, Lynn Kurer and John Murphy
AMEND THE MINUTES OF SEPTEMBER 30, 2008 THAT WERE PREVIOUSLY ADOPTED
Chairman Waltz stated Commissioner Link had requested a close to verbatim reconstruction
of her comments on the Bush Gardens issue at the September 30 meeting. Commissioners
were in receipt of the revised minutes of the meeting. The revised minutes also included the
corrected vote of 4-2 on the motion to approve and forward the Bush Gardens Building, Site
and Operation Plan to Plan Commission.
APPROVAL OF THE MINUTES OF NOVEMBER 18, 2008
Commissioner Link moved to consider the minutes of the November 18, 2008 meeting.
Commissioner Glazer seconded. The following corrections were noted: Commissioner
Miles should be recorded as an excused absence. She further clarified her comments at the
October 21 meeting; she mentioned what her intentions were and whatever she went back
and tried to recall, she was thinking in the document named is rules and regulations for
Muskego business industrial park so it has to be called a document if talking about
implementing the rules and regulations later so it’s not by-laws which she look for and could
not find unless she was wrong about it. The document that the CDA has is rules and
regulations and that they were adopted in 1976 but actually adopted in 1970. Also, there’s a
statement that Commissioner Link believed she wanted to address the rules and regulations
for all; her first request, if she remembered right, that she was asking about the industrial park
in terms of the financial incentives available not necessarily about rules and regulations so
she wanted to be clear about that. Then, when the Tess Corners rules and regulations are
changed, she requested that the jurisdiction issue be addressed at that time. She wanted
financial incentives available for both parks even though now the CDA is working on the
Muskego industrial park. On the issue of making sure that it is clear on the rules and
regulations or by-laws or whatever they choose to call them, that the city having jurisdiction
will be clear in the Tess Corners one as it will be for the Muskego one. She wanted to make it
clear that the city is the ultimate decider. Commissioner Link, on page 2, would like added to
the statement “Ald. Werner suggested making a recommendation to the Plan Commission…
stop the plans from moving forward.” that Commissioner Link disagreed and stated that the
CDA’s recommendations can and should be allowed to contain descriptions and that was part
of the discussion. Also, further down, in the paragraph starting with “Ald. Pavelko expressed
concern…” after the end of the paragraph, Ald. Pavelko conceded that the city attorney would
not address the past vote but this is a new item due to the prior plan being withdrawn.
Referring to Ald. Werner’s motion to approve and to forward to Plan Commission…
Commissioner Link stated that the quorum was lost when she and Ald. Pavelko left the
meeting. There was some dispute amongst the commissioners on whether or not the quorum
was still present when the second was made by Commissioner Glazier. Chairman Waltz
stated that the meeting was suspended when Ald. Pavelko and Commissioner Link left and
he noted her objection. He called the question on the minutes. Upon a voice vote, the
motion carried unanimously.
CDA Minutes Page 2
December 1, 2008
OLD BUSINESS
Approval of an amended Building, Site, and Operation Plan for Bush Gardens located in the
SW ¼ of Section 2 (Tax Key No. 2167.998 / S68 W14891 Janesville Road / Former
Atonement Lutheran Church property
At the November 18, 2008, meeting a motion was made and seconded to forward the revised
plan to the Plan Commission for further review. In addition to that, Chairman Waltz said in the
meeting part of the cause for the loss of quorum at the November meeting, he specifically
wanted to read into this meeting minutes a couple of thoughts. “The issue of a possible
conflict of interest between Ms. Kurer’s development proposals before the CDA and my
membership in the church that sold her the property was raised in the last CDA meeting; and
in several e-mails to the CDA members and others prior to and after the last CDA meeting;
and in a newspaper article quoting members of this Authority; and in a mailbox flyer
distributed to several homes. Since my personal actions on this Authority have received such
very extensive public comment and discourse, I wish to read the following into the minutes. ‘I
have reviewed the conflict of interest issue with the Waukesha County District Attorney, Brad
Schimel, who has authorized me to state publicly at this meeting that he sees no conflict of
interest based on the timing of the 2003 contract between the congregation of Atonement
Lutheran Church and Ms. Kurer to sell the former church property to Lynn Kurer with no
conditions controlled by the church. And further, that if anyone believes that a conflict of
interest does exist, that person has the option to file a complaint with the district attorney’s
office and an official investigation will be made.’” He returned to the item before the CDA, the
motion that was left on the table at the November 18 meeting. He refreshed the members that
the plan had been before the CDA on September 30 and was approved and forwarded on to
the Plan Commission. However, a new plan was sent to the CDA and the changes were
reviewed at their November 18 meeting. A motion was made and seconded to approve and
forward the new plan on to the Plan Commission; however, due to the early departure of two
commissioners, a vote was not taken and as there was no longer a quorum, the meeting was
suspended until the next CDA meeting. Chairman Waltz noted that on the new submittal,
there was another change relative to the landscaping. Executive Director Muenkel said that
the city forester reviewed the landscape plans in preparation for the Plan Commission. The
city forester would like to see the screening of the southern boundaries, landscaping all along
the old parsonage property and along the western property line. It is desired to have a dense
landscape for screening headlights. Chairman Waltz called for any discussion on the motion.
Ald Werner inquired about the storm water management based on the current requirements
for that district for storm water management and the volumes of water coming off of the
parking lot. Executive Director Muenkel stated the pond would be on the southeast corner of
the property. It will be enclosed with a chain link fence. The grading of the area would be
more for a depression rather than a sloped area. The ponds are made with substantial grades
around the berms and it has an emergency outfall before it would get to a grade level where it
could go onto subsequent properties. Commissioner Miles asked about the existing church
sign that will be covered over. She was questioning how it would be lit? John Murphy, the
architect, replied that the sign along Janesville Road currently has lighting and that lighting is
intended to remain. The height is about 7 feet which he believed is the maximum height
allowed. There will be a sign on Bush Gardens’ building replacing the cross and the final
lighting on that has not been determined. They are considering adding the same kind of lights
that are on Bushy’s right now. Commissioner Miles continued with the part of the building that
exceeds the maximum height, is it grand fathered in? Executive Director Muenkel responded
that usually architectural elements such as sanctuary peaks or clock towers are allowed to
exceed height restrictions. Commissioner Miles inquired about the deliveries being allowed in
several locations. John Murphy, using the visual display, pointed out how the delivery traffic
would be able to negotiate the area to make deliveries at the kitchen area or lower level area.
He further added that it was set up to accommodate the fire department’s requirement for
their trucks. Commissioner Miles asked if the kitchen was going to service both dining rooms.
Lynn Kurer said it would. Commissioner Link stated if this is an auxiliary building to support
special events, she saw no reason that it should have the same hours of operation as the
main tavern and restaurant facility. Banquet halls typically complete their customer business
CDA Minutes Page 3
December 1, 2008
by eleven or midnight at the latest. Commissioner Lidbury had no comment. Ald. Pavelko
pointed out that in comparing the two plans—the original plan from the September meeting
and newer version—there were substantial changes not just minor. For instance, the original
plan mention the facility to be used for functions such as weddings, receptions, funerals and
now the facility to be used for special events, performances, recitals, comedy events which
would be representative of a night club. He felt they needed to slow down and take a closer
look at the proposal. He had also spoken with neighbors in the area and their lists of
concerns include:
Large number of people, day and night;
Late night fights, can the Muskego police handle these altercations, especially with
liquor involved;
Noise any given time of day is a huge concern, people laughing and yelling in the
parking lot, all day and evening;
Car doors banging, patrons so loud;
Headlights from dusk all through the night;
Customers have relieved themselves in the neighbors’ yards on many occasions,
thrown food in the yards or on the decks;
Garbage from Bushy’s in the neighbors’ yards—paper cups, food containers, beer
cans, wine glasses;
What kind of barrier will be between the neighbors and Bushy’s to keep out noise,
headlights and customers;
How will the retaining ponds affect their property?
Ald. Pavelko was also concerned about the economic impact. Would it bring in future
development in the area? Executive Director Muenkel did not know how to address the
impact, it would be speculative. It would bring more jobs to the community and it would have
to fit into the Tess Corners design guide. This use is allowed in that zoning district. Ald.
Pavelko mentioned that consideration should be given to vacate the access to Durham Drive.
Commissioner Link in looking at the plan, each of the two rooms should have their own liquor
license so if there are problems, there isn’t the risk of having to shut down all of Bushy’s when
there is a problem with one or the other of the rooms. To address Ald. Pavelko’s comment,
she noted that the CDA did a massive redevelopment of Tess Corners Redevelopment
District #1 and to date, they have had zero redevelopment. No other comments relative to
the Bushy’s plan were made. Upon a roll call vote, the motion carried 5-2 with
Commissioner Link and Ald. Pavelko voting no.
Review Existing RLF Procedures
Chairman Waltz acknowledged that Commissioner Miles recommendations currently had
been added to the document amended October 23, 2005. In addition, Commissioner Link
had made some suggestions addressing the fiduciary responsibility of the CDA which she
would like to see added to the RLF procedures. Commissioner Link moved to discuss.
Commissioner Miles seconded. Commissioners were asked to review the procedures with
the intent that they will make a decision on what is to be included or not included in the
document. Commissioner Link drafted the document to establish the role responsibilities of
the CDA, SEWRPC and the Common Council. When the CDA approves a loan, they have to
take a look at the whole process. Now is the time to define what entity does what in the
process so they have the proper criteria for making a decision. Commissioner Miles, in
reviewing the initial draft, would like to organize the items by inserting them in the right
section of the document so they would flow in the right places. Commissioner Link stated
that SEWRPC would do whatever a community wanted them to do. The CDA must decide to
what extent SEWRPC is involved. Chairman Waltz would like some input on the content.
Commissioner Glazier felt they were not taking into consideration the business stimulation
question. He would like the documentation to include a summary of the business model as it
is moving forward, what is the business all about, why do they believe they can be successful
in the business, how this is a viable business versus all of the other businesses.
CDA Minutes Page 4
December 1, 2008
Commissioner Miles summed up that she was looking for a paragraph of a business
justification where they have done diligence in researching the market place for their product
or what was he looking for in terms of that justification? Commissioner Glazer stated what
their business is, what their place in the market is and why they believe they have a viable
business. He’ll provide bulleted points to be placed in the document. Chairman Waltz thought
they should consult with John Meland to see if he would review the document and get his
comments. Would what the CDA is requiring of the applicant be within the bounds of the
intent of the grant money to stimulate growth. Commissioners decided that once
Commissioner Miles has restructured the document and the bulleted items from
Commissioner Glazer are inserted, the draft will be forwarded on to John Meland of
SEWRPC for his input.
Muskego Industrial Park Redevelopment District
Chairman Waltz referred to the draft for the redevelopment district that was published on
October 15 and have also worked with the Mayor’s Task Force on Economic Development as
well as sending out a survey and attended a meeting on November 18. Executive Director
Muenkel reported that the meeting had a small attendance, but the ones that were there,
gave some good opinions. They know that the redevelopment plan will reinforce what has
been discussed and they are glad the city is moving forward with it. He went over the survey
with them and pointed out how everything in the survey was being implemented in some way
into the plan. He felt the people would be committed to showing up and going door-to-door to
make sure people know about it especially when the next step will be a hearing. They have
offered to get the word out personally. Since the last meeting, he added some information on
the BID district and the process to the document. This was also discussed at the meeting and
how it would help to fund some of the major improvements such as beautification items,
signage, etc. InPro representatives were at the meeting and brought along some renderings
of possible new signage for the park. Attendees at the meeting also proposed changing the
industrial park name to the Muskego Business Center. Commissioners discussed when to
have the informational/public hearing and the process to get the maximum attendance at the
meeting by offering a longer time span for the hearing.
Redevelopment District #2
Commissioners had received a packet of information on a combined effort of a number of
groups. A packet of information would be put together and provided to the owners affected by
the Janesville Road project. Executive Director Muenkel reviewed some items which would
include the following:
Cover Letter
Primary Contact List
Business Leader Group Info and Contacts
Zoning District Option Discussion
Financial Assistance Possibility Discussion and One-sheeter
GoMuskego Brochure and Information
Cross Access and Shared Parking Information
Documents, Forms & Applications Information Sheet
What can we do to help you? Questionnaire
They are targeting to have these packets ready for the meeting on January 20 for the
Janesville Road property owners. At that meeting, staff will go over where the city is in the
process and how the city can help them out. On the financial assistance, he shared that
Council has earmarked $600,000 for grant loan redevelopment projects. The money is from
closed out TIFs that have excess money. Also, the storm water fund is very large right now
and the city is earmarking $200,000 of it for the storm water project in the business center.
On the zoning, they will also stress to the people that they have options if they want to
redevelop. The cross access information will be provided on sharing their parking lot with
other owners who do not have full access and that the city will guide them through the
CDA Minutes Page 5
December 1, 2008
process. Commissioner Miles wanted to know of any feedback from the owners on the
project. Executive Director Muenkel stated that some are encouraged and want to redevelop
and others are hesitant wondering if they redevelop, how it would financially impact them.
PUBLIC INPUT — Mr. Karus said with the difference in the plan, he will go to the Plan
Commission meeting to see what will happen to it. He has talked to Lynn Kurer and Ald.
Pavelko on his concerns and those of other neighbors. The plan looks like it has everything it
should have in it. The night hours did concern him and definitely concerned about the noise
and the headlights. He did note that there were buffers put in place for his side of her parking
lot. There are some issues with the noise and lights that should be addressed.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Commissioner Miles shared the article in the October issue of the Milwaukee Magazine on
the Green Gang. The article is about what Milwaukee is doing and the grants they have
received.
Next Meeting
The next meeting was set for Tuesday, February 17, with time to be determined, as a hearing will be held on the
Muskego Industrial Park Redevelopment District.
ADJOURNMENT:
There being no further business, Commissioner Link moved for adjournment, Commissioner Miles seconded.
Upon a voice vote, the motion carried unanimously. Meeting adjourned at 8:52 p.m.
Stella Dunahee, CPS
Recording Secretary