COMMON COUNCIL Agenda 20120612CITY OF MUSKEGO AMENDED
COMMON COUNCIL AGENDA
DATE: JUNE 12, 2012
TIME: 7:00 p.m. COMMON COUNCIL MEETING
LOCATION: Muskego City Hall
W182 S8200 Racine Avenue, Muskego, Wisconsin
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
STATEMENT OF PUBLIC NOTICE
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #060-2012 Honoring City of Muskego Eagle Scout Alex J. Booton
Reso. #061-2012 Recognition of Mary Weber on Her Retirement from the Muskego Public
Library
PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to
making comments related to all agenda items excluding closed session items relating to
employment and labor issues. Comments will be limited to two minutes per speaker per
agenda item. There will be no discussion by/with the Common Council during Public
Comment.
UNFINISHED BUSINESS
Reso. #054-2012 Resolution of the City of Muskego Common Council to Adopt the
Economic Development and Marketing Plan 2012. On the floor, deferred
May 8, 2012
Ord. #1359 An Ordinance to Amend the Zoning Map of the City of Muskego
(Carity/DeBack – A-1 to RS-2). Second Reading.
Ord. #1360 An Ordinance to Amend Chapter 1, Section 1.06 (2)(a), of the Municipal
Code of the City of Muskego (Municipal Judge – Term). Second
Reading.
CONSENT AGENDA Items listed under consent agenda will be approved in one motion
without discussion unless any Council member requests that an item be removed for
individual discussion. That item then can be acted on separately at the same meeting
under the part of the meeting it would normally appear.
Approval of Operators’ Licenses
Approval of Common Council Minutes – May 22, 2012
Reso. #062-2012 Approval of Agreement with US Fish and Wildlife Service to Restore
Wetlands on Badertscher Preserve
Reso. #063-2012 Approval of Various License Applications for the City of Muskego for the
Licensing Period July 1, 2012 to June 30, 2013
Reso. #064-2012 Award of Bid – Tess Corners Drive Reconstruction
Reso. #065-2012 Resolution Requesting the Acquisition of Tax Key No. MSKC 2196.952
from Waukesha County (Former BP Gas Station – S75 W17237
Janesville Road)
Common Council Agenda 2
June 12, 2012
Reso. #066-2012 Authorize Execution of Health Insurance Contract
REVIEW OF COMMITTEE REPORTS
Finance Committee – May 8, 2012
Plan Commission – May 1, 2012
Public Safety Committee – February 15, 2012
Conservation Commission – January 19, 2012
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ord. #1361 An Ordinance to Repeal and Recreate Section 36.04(6) of the City of
Muskego City Code Related to Wireless Public Safety Communications
Removed
LICENSE APPROVAL
VOUCHER APPROVAL Approval of General Vouchers Approval of Tax Checks
Approval of Utility Vouchers Approval of Wire Transfers
CITY OFFICIALS’ REPORTS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
ADJOURNMENT
NOTICE
It is possible that members of and possibly a quorum of members of other governmental bodies of the
municipality may be in attendance at the above-stated meeting to gather information; no action will be
taken by any governmental body at the above -stated meeting other than the governmental body
specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to
accommodate the needs of disabled individuals through appropriate aids and services. For additional
information or to request this service, contact Muskego City Hall, 262-679-4100.
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #060-2012
HONORING CITY OF MUSKEGO EAGLE SCOUT
ALEX BOOTON
WHEREAS, ALEX J. BOOTON is a member of Boy Scouts of America Troop 19
and an honor roll student at Muskego High School; and
WHEREAS, ALEX achieved the rank of Eagle Scout after years of service and
dedication to the Code of the Boy Scouts of America; and
WHEREAS, ALEX earned various merit badges and served in several leadership
positions throughout his scouting career; and
WHEREAS, For his Eagle Scout service project, ALEX planted 40 trees and 150
seedlings in the Moorland Park Conservation area near the skateboard park ; and
WHEREAS, ALEX also enjoys many extracurricular activities such as sports ,
band and music and scuba diving.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby commend ALEX J. BOOTON for achieving the rank of
Eagle Scout and acknowledges and applauds the efforts required to attain
scouting’s highest honor.
DATED THIS 12TH DAY OF JUNE 2012
_________________________ ________________________
Mayor Kathy Chiaverotti Ald. Dan Soltysiak
_________________________ ________________________
Ald. Rob Wolfe Ald. Neome Schaumberg
_________________________ ________________________
Ald. Kert Harenda Ald. Eileen Madden
_________________________
Ald. Neil Borgman
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #061-2012
RECOGNITION OF MARY WEBER ON HER RETIREMENT
FROM THE MUSKEGO PUBLIC LIBRARY
WHEREAS, MARY WEBER is retiring from the Muskego Public Library
after having served as a faithful employee for thirteen years; and
WHEREAS, MARY’S many skills have consistently met the challenges of a fast -paced
and ever-changing profession; and
WHEREAS, MARY’S attention to detail and commitment to customer service are highly
valued and are to be commended; and
WHEREAS, the City appreciates the efforts of MARY WEBER, who has served the
library and the community with great pride and devotion.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby recognize MARY WEBER for her knowledge, dedication, and
service to the community, and wishes her well in retirement.
DATED THIS 12th DAY OF JUNE, 2012.
_________________________ ________________________
Mayor Kathy Chiaverotti Ald. Dan Soltysiak
_________________________ ________________________
Ald. Rob Wolfe Ald. Neome Schaumberg
_________________________ ________________________
Ald. Kert Harenda Ald. Eileen Madden
_________________________
Ald. Neil Borgman
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #054-2012
RESOLUTION OF THE CITY OF MUSKEGO COMMON COUNCIL
TO ADOPT THE ECONOMIC DEVELOPMENT & MARKETING PLAN 2012
WHEREAS, the Council authorized completing a new Marketing Plan for the City on September
27, 2011 per Resolution #139-2011 to be completed by the consultants Vierbicher Associates
and Ady Voltedge; and
WHEREAS, the Community Development Authority (CDA) was assigned to carry out the
drafting of the new Marketing Plan with the consultants and the CDA recommended approval of
the Plan to the Common Council on April 17, 2012; and
WHEREAS, the presented Economic Development and Marketing Plan 2012 is a critical update
to the City’s 2003 Economic Development Strategic Plan and will provide a new direct ion for
economic development marketing in the community; and
NOW, THEREFORE, BE IT RESOLVED that the City of Muskego Economic Development and
Marketing Plan 2012, as attached, is approved and adopted by the Common Council.
BE IT FURTHER RESOLVED that the implementation of the new Marketing Plan will be
monitored by the Muskego CDA as further directed by the Common Council as need be.
Adopted this _ _ day of 2012 by not less than a two-thirds vote of the Common
Council.
Kathy Chiaverotti, Mayor
City of Muskego
Attest:
Sharon Mueller, Clerk-Treasurer
City of Muskego
DEFERRED: 05/08/2012
CITY OF MUSKEGO
Staff Report to Council
May 22, 2012 Meeting
To: Common Council
From: Adam Trzebiatowski, AICP
Subject: Carity/DeBack (Crystal Cove) Rezoning
Date: May 16, 2012
Background Information:
Carity Land Corporation (on behalf of Harold DeBack) is requesting a rezoning for Tax
Key No. 2288.996.003, which is located at the end of Crystal Drive. The rezoning would
be from A-1 – Agricultural District to RS-2 – Suburban Residence District. The current
2020 Comprehensive Plan identifies this area as Rural Density Residential. No 2020
Comprehensive Plan changes are needed as part of this request. See the side-by-side
zoning map attached for details.
The petitioner is requesting this rezoning in order facilitate the development of a future
subdivision. The rezoning of this property was a condition of Preliminary Plat approval
for Crystal Cove Subdivision. The bulk of this subdivision area is already zoned RS-2
and this remaining three acres is being rezoned the same for consistency with the rest of
this development. All lots within this subdivision are proposed to be at least 88,898
square feet in size or great in order to meet the < 0.49 units per acre density requirement
per the 2020 Comprehensive Plan.
Any formal development of this subdivision is subject to approval of construction plans,
subdivider’s agreement, letter of credit, and Final Plat.
Staff recommends approval based upon the information provided above.
C u r r e n t Z o n i n g P r o p o s e d Z o n i n g
C a r i t y /D e B a c k R e z o n i n gCarity/D e B a c k R e z o n i n g
C r e a t e d B y :C i t y o f M u s k e g oMay 1 6 , 2 0 1 2´
RS-2
ERS-1RS-2
A-1
C
i
t
y
o
f
M
u
s
k
e
g
o
C
i
t
y
o
f
F
r
a
n
k
l
i
n
McShane Dr.
Hi Vie w Dr.
North Cape Rd.
Legend
A f f e c t e d A r e a
Z o n i n g
RS-2
ERS-1RS-2
A-1
R i g h t -o f -W a y
M u s k e g o D a m D r .
R u r a l D e n s i t y R e s i d e n t i a l (< .4 9 u n i t s /a c r e )
2020 Land Uses
C o n s e r v a t i o n
M e d i u m D e n s i t y R e s i d e n t i a l (1 - 2 .9 9 u n i t s /a c r e )
S t r u c t u r e s
C
r
y
s
t
a
l
D
r
.
W a t e r B o d y
CrystalLakeCrystalLake
M
u
s
k
e
g
o
D
a
m
D
r
.
M u s k e g o D a m D r .
C
r
y
s
t
a
l
D
r
.
M
u
s
k
e
g
o
D
a
m
D
r
.
C I T Y O F M U S K E G O
T O W N O F N O R W A Y
C I T Y O F M U S K E G O
T O W N O F N O R W A Y
Petitioner: Carity Land Corp./Harold DeBack
Tax Key Number:MSKC 2288.996.003
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1359
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Carity/DeBack – A-1 to RS-2)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from A-1 - Agricultural
District to RS-2 – Suburban Residence District:
Tax Key Number 2288.996.003/Crystal Drive
SECTION 2: The several sections of this ordinance are declared to be severable. If
any section or portion thereof shall be declared by a decision of a court of competent
jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to
the specific section or portion thereof directly specified in the decision, and not affect the
validity of all other provisions, sections, or portion thereof of the ordinance which shall
remain in full force and effect. Any other ordinances whose terms are in conflict with the
provisions of this ordinance are hereby repealed as to those terms that conflict.
SECTION 3: This ordinance is in full force and effect from and after passage and
publication.
PASSED AND APPROVED THIS DAY OF , 2012.
CITY OF MUSKEGO
__________________________________
Kathy Chiaverotti, Mayor
First Reading:
ATTEST:
__________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published:
OPERATORS’ LIST – 06/12/2012
Abramczyk, Alyssa
Allen, Keith
Anderson, Lisa
Ballenger, Katelyn
Bitter, Melissa
Blight, Therese
Block, Wendy
Brooks, Christine
Brumley, Kim
Chadwick, Denise
Chounard, Jeremy
Clark, Matthew
Claudio, Jose
DeBattista, Mary
Dilworth, Jody
Everhart, Jeanne
Fishbach, David
Ford, Shannon
Francis, William
Gavin, Catherine
Glader, Casey
Gleason, Karen
Hanrahan, Carolann
Henneberry, Lynn
Herbeck, Carla
Hinners, Robert Dennis
Hinners, Robert Thomas
Hobmeyer, Joseph
Hovarter, Emily
Huerlimann, Cheryl
Ireland, Gale
Ireland, Marilyn
Kronenburg, Melissa-Jean
Kuehl, Krystal
Kuhns, Joy
Kuzmic, Jan
Lobotzke, Kristine
Markiewicz, Dennis
Markison, Milena
Marsh, Deborah
Molkentin, Patricia
Nagel, Shana
Najera, Ali
Przybyla, Traci
Repinski, Rachel
Richards, Samantha
Ruiz, Pamela
Ryan, Jeffrey
Schleif, Mary Jo
Schneider, Lawrence Jr.
Sneesby, Laura
Sprott, Mark
Starszak, Jacqueline
Strasser, John
Strasser, Marvin
Terrill, Lori
Tran, Margot
Voelkel, Nicole
Vretenar, Dawn
Wetzel, Dawn
Wichman, Dona
Wilson, Vicky
Young, Monica
Blue color denotes ‘new applicants
COMMON COUNCIL - CITY OF MUSKEGO Unapproved
MINUTES OF MEETING HELD MAY 22, 2012
Mayor Chiaverotti called the meeting to order at 7:16 p.m. Present were Ald. Madden,
Schaumberg, Soltysiak, Borgman, Harenda and Wolfe, Director of Finance and
Administration Mueller and Community Development Director Muenkel. Those present
recited the Pledge of Allegiance. Ms. Mueller stated that the meeting was properly
noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti thanked the Friends of the Library and library staff for another
successful wine tasting event.
Howard Schneider, Ken Fries and Bob Bueckers were present on behalf of the Little
Muskego Lake Association. The Lake Association presented a check to the City for
$5,000 for the Borst acquisition. Mr. Schneider stated the organization will allocate
$5,000 annually for the purchase for the next ten years. Mayor Chiaverotti thanked the
Lake Association.
Reso. #055-2012 – Recognition of Service – Gail Konkel. Ald. Soltysiak moved for
adoption. Ald. Harenda seconded. The Mayor presented the resolution to Ms.
Konkel and thanked her for her service to the community. Motion carried 6 in favor.
PUBLIC COMMENT
The following spoke:
Heidi Lindhorst, S75 W18094 Boszhardt Lane
PUBLIC HEARING
Ms. Mueller read the public hearing notice to consider the petition of Carity Lan d
Corporation on behalf of Harold DeBack to rezone property on Crystal Drive known as
Tax Key Number 2288.996.003 from A-1 – Agricultural District to RS-2 – Suburban
Residence District for the purpose of future development. Mr. Muenkel stated the
parcel is located at the end of Crystal Drive. The proposed rezoning would require lots
to be at least 88,898 square feet in size to meet the density requirement of the 2020
Comp Plan. Mr. Bill Carity was present. He stated the rezoning to RS-2 would be
consistent with adjacent parcels. The Mayor declared the hearing closed.
UNFINISHED BUSINESS
Reso. #054-2012 – Resolution of the City of Muskego Common Council to Adopt the
Economic Development and Marketing Plan 2012. On the floor, deferred May 8, 201 2.
Ald. Harenda stated he requested the deferral to allow time for review. Discussion took
place regarding changes that Alderman Harenda requested. Of note were changes to
references to the lake park in the community. Staff requested further direction from
Council regarding this topic. Staff was directed to have the consultant change the
references to remove the lake park from the maps and to scale back the text to discuss
the benefits that the consultant believed a lake park in the downtown may create. Mr.
Muenkel stated he would bring the finalized plan back to the next Council meeting
following the changes being made for possible adoption.
Common Council Minutes 2
May 22, 2012
CONSENT AGENDA
Ald. Borgman moved to approve the items under the Consent Agenda engross.
Ald. Soltysiak seconded. Motion carried 6 in favor.
The following items were approved:
Approval of Operators’ Licenses
Approval of Common Council Minutes – May 8, 2012
Reso. #056-2012 – Designating Muskego Now as the Official Newspaper of the City of
Muskego
Reso. #057-2012 – Approval of Lease Agreement for Idle Isle Concessions
Reso. #058-2012 – Approval of Boxhorn Warehouse Lease Agreement
Reso. #059-2012 – Award of Bid – Woods Road Trail Construction
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 4/24/2012 Finance Committee, 4/3/2012 Plan
Commission, 4/16/2012 Parks & Recreation Board and 4/19/2012 Community
Development Authority.
FIRST READING OF ORDINANCES
Ord. #1359 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Carity/DeBack – A-1 to RS-2)
Ord. #1360 - An Ordinance to Amend Chapter 1, Section 1.06 (2)(a), of the Municipal
Code of the City of Muskego (Municipal Judge – Term)
LICENSE APPROVAL
The following licenses were approved:
Outside Dance Permit
Marx Pioneer Inn – June 16, 2012
W180 S7808 Pioneer Drive
J.D.’s on Hillendale – August 18, 2012
W191 S6409 Hillendale Drive
Tres Locos – June 1, 2, July 6 and 7 and August 3 and 4, 2012
W172 S7505 Lannon Drive
Outside Dance Permit and Amendment to Licensed Premise
Sauced – June 10 and October 6, 2012
S78 W16355 Woods Road
A.J. Bar & Grill – June 9, 2012
S90 W13970 Boxhorn Drive
Temporary License to Sell Fermented Malt Beverages and Wine
Chamber of Commerce – July 18, 2012
Idle Isle
Common Council Minutes 3
May 22, 2012
Temporary License to Sell Fermented Malt Beverages
Muskego Warriors Youth Baseball – June 1, July 6 and August 3, 2012
S73 W16610 Janesville Road
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$49,610.90. Ald. Soltysiak seconded. Motion carried 6 in favor.
Ald. Borgman moved for approval of payment of General Fund Vouchers in the
amount of $490,271.10. Ald. Harenda seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
The June calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor stated that the Council would not go into closed session for the Parkland
Venture, LLC vs. the City matter.
CLOSED SESSION
Mayor Chiaverotti announced that the Common Council would go into closed session
for labor negotiations. Ald. Borgman moved to convene into closed session
pursuant to Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of
public properties, the investing of public funds, or conducting other specified
public business, whenever competitive or bargaining reasons require a closed
session, more specifically labor negotiations for 2012. Ald. Soltysiak seconded;
motion carried.
OPEN SESSION
Ald. Harenda moved to reconvene into open session. Ald. Soltysiak seconded;
motion carried.
ADJOURNMENT
Ald. Borgman moved to adjourn at 8:50 p.m. Ald. Schaumberg seconded; motion
carried.
Minutes transcribed by
Jill Blenski, CMC
Deputy Clerk
Memo
To: Finance Committee and Common Council
From: Tom Zagar
CC: Jeff Muenkel, AICP
Date: May 21, 2012
RE: US Fish and Wildlife Grant for Badertscher Preserve (Borst Acquisition)
REQUEST:
The Community Development Department requests that the Finance Committee and Common
Council consider entering an agreement with the US Fish and Wildlife Service to restore wetlands
on Badertscher Preserve (Nancy Borst acquisition).
BACKGROUND:
The US Fish and Wildlife Service have proposed a “Partners for Fish and Wildlife” project to
restore wetland hydrology and habitat to a previously farmed wetland area at the Badertscher
Preserve. The project involves excavating shallow scrapes and using the material to plug
drainage ditches. Disturbed areas would then be seeded with native vegetation. This project will
not only enhance wildlife habitat but will also serve to release stormwater more gradually to the
downstream waterway. The project is engineered to not adversely impact the drainage of any
surrounding properties.
FINANCIAL CONSIDERATIONS:
The overall project cost is anticipated to be $16,500. The Partners for Fish and Wildlife program
would ultimately cover $9,500 leaving $7,000 covered by the City of Muskego. Initial payment for
all project expenditures would be the responsibility of the city with reimbursement of the $9,500
being made after project completion. Please note that the project would be scaled back if needed
to stay within the $16,500 figure.
There is adequate funding in the Conservation special revenue account to cover th e $7,000 local
share. Furthermore the $5,000 annual donation (for 10 years) by the Little Muskego Lake
Association to the city is specifically being made to offset purchase and restoration costs on this
property.
RECOMMENDATION:
Conservation Commission, at its May 17, 2012 meeting, has recommended entering this grant
agreement to conduct a wetland restoration project with the city expending $7,000 on this
$16,500 project. It is requested that Finance Committee recommend the same and that Common
Council give the authority to the Mayor to sign into this grant agreement with the US Fish &
Wildlife Service.
Community Development Department
CITY OF MUSKEGO
Staff Report to Council
June 12, 2012 Meeting
To: Common Council
From: Jeff Muenkel, AICP
Subject: Acquisition of Waukesha County Owned Property
Date: June 5, 2012
Background Information:
As you know, Waukesha County has taken acquisition of a few parcels along the
Janesville Road reconstruction route recently. These parcels have been purchased by the
county after their negotiations with the prior private owners. Sometimes owners wish to
keep their remnant parcels while other times the private owners simply wish to part with
the parcel and improvements altogether in which case Waukesha County ends up taking
them over. Most of these parcels are used for staging equipment during the reconstruction
process and then resold at fair market values to the public for redevelopment.
Recently, the county purchased the former BP Gas Station parcel on the southwest corner
of Lannon Drive and Janesville Road. Since this parcel was a former gas station it was
rather unique as various cleanup efforts needed to occur and fuel tanks removed. As it
stands today the parcel’s status is considered closed by the WDNR and the parcel is
considered clean in relation to the fact that there is no cap requirement (NOTE: A cap
requirement is imposed by the DNR when it is determined that the soils are so
contaminated that it is mandated that the lands are covered with impervious surfaces at all
times until such time substantial removal of contaminated areas area sought). However,
even though the parcel is relatively clean there is still the likeliness that some fuel
products are in the soils under the site. Whoever the owner is would assume
responsibility of any further contamination in the event their proposed redevelopment of
the site involves removal or excavation of future soils.
Due to this uniqueness, history, and location of this parcel the city has some options here
should we see fit. After discussion with Waukesha County, city staff has found that we
might be able to acquire this parcel for future city functions or our future redevelopment
purposes. In all, staff requests the Council to consider the following:
Does the city want to acquire this parcel for future development purposes?
o If so, county staff has indicated that parcels in the past have usually been
recommended to sell back to the community for as low as $1. If the
Council would like to pursue this we would recommend to county staff
that this same procedure is hopefully approved by the County Board.
Ideas
This parcel is basically in the heart of the city’s downtown and is located in the
boundaries of Redevelopment District #2. Many opportunities may exist for this parcel:
The city could look to redevelop the parcel via a Request for Proposal process in
order to assure tax base renewal on the property.
The city could work to incorporate the parcel into their streetscaping designing of
Janesville Road Phase 2 and work to make this corner into a small gathering space
for future events. This second option might be able to evolve into a nice
hardscape/landscaped corner for pedestrians to utilize, possibly with some shared
parking along with the Jerome Drugs parking lot. The lot is large enough where
we might be able to utilize a newly streetscaped portion to work as a gathering
space for something like a farmer’s market or other small events that bring people
to the downtown area along Janesville Road.
Maybe a hybrid of both ideas where we incorporate our streetscaping them and
have areas for gathering while also possibly incorporating an area for a future
small business that caters towards people gathering (eatery, coffee, ice cream,
etc.).
Staff Recommendation:
Staff requests that the Council recommends to the County Board to allow the former BP
Gas Station parcel to be turned over to the City of Muskego for $1 or a fair sum. If
approved by the county the Council would still be able to act to accept an acquisition at a
later date and be able to figure out what we then want to develop the parcel into (possibly
with the aid of the CDA).
Parcel Stats
Tax Key No.: 2196.952
Acres: Approx. .38 acres
Zoning: B-3 General Business District
2020 Comp Plan: Commercial
Dimensions: north~150’, east~155’, south~84’, west~140’
COMMON COUNCIL – CITY OF MUSKEGO
RESOLUTION #65-2012
RESOLUTION REQUESTING THE ACQUISITION OF TAX KEY NO. MSKC 2196.952
FROM WAUKESHA COUNTY
(FORMER BP GAS STATION - S75 W17237 JANESVILLE ROAD)
WHEREAS, Waukesha County has taken acquisition of various p arcels along the
Janesville Road in the past two years due to needing extra lands to facilitate the
reconstruction of the roadway from 2012-13, and
WHEREAS, Waukesha County recently purchased the former BP Gas Station parcel on
the southwest corner of Lannon Drive and Janesville Road (S75 W17237 Janesville
Road), and
WHEREAS, Waukesha County usually sells remnant parcels at fair market values once
the parcel is no longer needed during the reconstruction process, and
WHEREAS, The former BP parcel had past issues with contamination but now is listed
as a closed case by the WDNR and has development potential, and
WHEREAS, Due to the uniqueness of the parcel Waukesha County may let the City of
Muskego have ownership of the parcel for future redevelopment and /or incorporation of
the downtown streetscaping.
NOW, THEREFORE, BE IT RESOLVED That the Common Council recommends that
the Waukesha County Board sell the former BP parcel to the City of Muskego.
BE IT FURTHER RESOLVED, Should the Waukesha County Board a gree to sell the
parcel to the City of Muskego the Common Council shall review and approve any final
sale by a future resolution. Further, the City will then determine the future use of the
property.
DATED THIS DAY OF , 2012.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Neil Borgman
Ald. Neome Schaumberg
Ald. Dan Soltysiak
This is to certify that this is a true and accurate copy of Resolution #065-2012 which
was adopted by the Common Council of the City of Muskego.
____________________________
Clerk-Treasurer
CITY OF MUSKEGO Approved as Corrected *
FINANCE COMMITTEE MINUTES
Tuesday, May 22, 2012
Muskego City Hall
Mayor Chiaverotti called the meeting to order at 6:45 p.m. Committee Members Ald.
Borgman, Ald. Soltysiak, and Ald. Schaumberg were present. Director of Public Works
Dave Simpson was also present. Those present recited the Pledge of Allegiance.
Recording Secretary McMullen stated that the meeting was properly noticed.
APPROVAL OF MINUTES
Ald. Borgman moved for approval of the minutes of April 24, 2012. Ald. Soltysiak
seconded; motion carried.
NEW BUSINESS
Recommendation Regarding Award of Bid for Pioneer Drive Reconstruction
Project (City Engineer) Director Simpson explained bids for the Pioneer Drive
reconstruction project were opened on May 4th. Four bids were received and LaLonde
Contractors, Inc. were the low bidders at $1.24 million. This is below the engineers
estimate of $1.43 million. Staff and R.A. Smith National are recommending awarding
the bid to LaLonde Contractors. Director Simpson added that LaLonde has does a lot
of work in the St. Francis, South Milwaukee, Milwaukee areas and the company is used
to these types of reconstruction projects. R.A. Smith National has also worked with
them in the past. Ald. Soltysiak moved to recommend award of the Pioneer Drive
Reconstruction project to LaLonde Contractors for $1,240,029.71. Ald. Borgman
seconded. Motion carried.
Review and Recommendation Regarding Final Assessment Resolution for
Pioneer Drive Water Extension Project (City Engineer) Director Simpson explained
this is the Pioneer Drive Final Assessment for the watermain project that will go from the
Parks garage to Janesville Road. The costs were reduced from $104 per foot to $57
per foot. A request was made by a property owner for a lower interest rate. Mayor
Chiaverotti noted the current rate is 8%. Other community’s rates include New Berlin 4 -
5%, Brookfield 7%, Franklin 6%, Menomonee Falls 7%, and Oak Creek 9%. Mayor
Chiaverotti added the Finance Director would be ok with a change of 1-2%, but is not
recommending it. An ordinance revision may be required and the question of this being
retro to past project may arise.
Ald. Soltysiak questioned what the rate of the Durham Drive project was. Director
Simpson stated 8%. The committee agreed to leave the interest rate at 8% to be
consistent. Ald. Borgman requested research be done on the rates for project going
forward. Ald. Borgman made a motion to recommend approval of the Final
Assessment Resolution for Pioneer Drive Water Extension Project with the
current interest rate of 8%. Ald. Schaumberg seconded. Motion carried.
VOUCHER APPROVAL
Ald. Borgman moved to recommend approval of Utility Vouchers in the amount
$89,910.74. Ald. Schaumberg seconded; motion carried.
Ald. Borgman moved to recommend approval of Tax Vouchers in the amount
$5,789.00. Ald. Schaumberg seconded; motion carried.
Ald. Borgman moved to recommend approval of General Fund Vouchers in the
amount $542,777.40. Ald. Schaumberg seconded; motion carried.
Finance Committee Minutes Page 2
May 8, 2012
FINANCE DIRECTOR’S REPORT
None.
COMMUNICATIONS AND ANY OTHER BUSINESS AS AUTHORIZED BY LAW
None.
ADJOURNMENT
Ald. Soltysiak moved to adjourn the meeting at 6:50 p.m. Ald. Schaumberg
seconded; motion carried.
Respectfully Submitted,
Kellie McMullen
Recording Secretary
CITY OF MUSKEGO
PLAN COMMISSION MINUTES APPROVED
6:00 PM Tuesday May 1, 2012 Recording Not Available
Muskego City Hall, W182 S8200 Racine Avenue
Mayor Chiaverotti called the meeting to order at 6:00 PM.
Those present recited the Pledge of Allegiance.
PRESENT
Mayor Kathy Chiaverotti, Ald. Soltysiak Commissioners Hulbert, Noah, Buckmaster, and
Jacques and Planner Trzebiatowski and Recording Secretary McMullen.
EXCUSED
Commissioner Stinebaugh
Recording Secretary McMullen noted that the meeting was properly noticed on April 27, 2012 in
accordance with the Open Meeting Law.
APPROVAL OF THE MINUTES OF THE APRIL 3, 2012 MEETING Commissioner Jacques
made a motion to approve the minutes of the April 3, 2012 meeting. Commissioner Noah
seconded. Upon a roll call vote, motion to approve the minutes was ADOPTED unanimously
PUBLIC HEARING for a Conditional Use in accordance with Section 14 of the City of Muskego
Zoning Ordinance for Steven R. Meyer (RD Meyer & Associates, Inc.) for the purpose of
additional mini-storage located at W145 S6550 Tess Corners Drive, in the NE ¼ of Section 2.
Planner Trzebiatowski explained the petitioner is requesting to convert the existing 80’ x 168’
warehouse structure into more indoor/outdoor storage units. The property had previous
approvals for outdoor storage in the rear of the property and that has been fully built out. A
conditional use grant amendment is required to allow more storage units on the property.
Changes to the south façade include: new gutters and downspouts, new metal siding to match
the existing newer storage building, new vinyl brick to match front office facades, new overhead
doors, and a new access door that will lead to new indoor storage units. The updates will
enhance the look of the building from Tess Corners. Staff recommends approval. Mayor
Chiaverotti opened the public hearing for comments from the audience. With no comments or
questions, Mayor Chiaverotti closed the public hearing at 6:02 PM.
OLD BUSINESS FOR CONSIDERATION
None.
OLD BUSINESS SCHEDULED FOR DEFERRAL
None.
CONSENT BUSINESS Commissioner Jacques made a motion to approve Resolutions #P.C.
026, 029, and 030-2012 engross. Ald. Soltysiak seconded. Upon a voice vote, the motion
passed unanimously.
RESOLUTION #P.C. 028-2012 – Approval of a One Lot Certified Survey Map for the 13960
Boxhorn Drive LLC property located in the NW ¼ of Section 24 (Tax Key 2254.998.004 /
Boxhorn Drive). Resolution #P.C. 028-2012 was ADOPTED unanimously.
Plan Commission Minutes, continued
May 1, 2012
PAGE 2
RESOLUTION #P.C. 029-2012 – Approval for the sale of flowers for A.W. Greenhouses at
the EJ Salentine property located in the SW ¼ of Section 2 (Tax Key No. 2165.973 / S66
W14444 Janesville Road). Resolution #P.C. 029-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 030-2012 – Approval for the sale of fireworks for Ben Karsky at the Wal-
Mart property located in the NE ¼ of Section 3 (Tax Key No. 2169.999.003 / W159 S6530
Moorland Road). Resolution #P.C. 030-2012 was ADOPTED unanimously.
NEW BUSINESS FOR CONSIDERATION
RESOLUTION #P.C. 027-2012 – Approval of a Business Site and Operation Plan Amendment
and Conditional Use Grant Amendment for Steven R. Meyer (RD Meyer & Associates, Inc.)
located in the NE ¼ of Section 2 (Tax Key No. 2165.998.012 / W145 S6550 Tess Corners
Drive). Commissioner Jacques moved to ADOPT Resolution #P.C. 027-2012. Ald. Soltysiak
seconded. Upon a roll call vote, Resolution #P.C. 027-2012 was ADOPTED unanimously.
RESOLUTION #P.C. 031-2012 – Approval of a Metal Accessory Structure for the Jeffrey
Sinner property located in the SE ¼ of Section 5 (Tax Key No. 2180.986 / W194 S6961
Hillendale Drive). Commissioner Jacques moved to ADOPT Resolution #P.C. 031-2012. Ald.
Soltysiak seconded. Planner Trzebiatowski explained the petitioner is proposing to construct a
720 sq ft metal accessory structure on the property. This building will be taking the place of
several existing accessory buildings. The building will be steel-sided, steel-roofed, with 3-foot
overhangs. On two sides there will be windows and decorative elements to match the house.
The garage and pedestrian doors will match the house also. There are tree lines present on the
property to shield the view from the neighbors, and the building will be set back about 350’ from
the nearest street. Staff is recommending approval.
Commissioner Noah questioned what buildings will be removed. Mr. Sinner was present and
stated the 5x6 shed, 5x8 shed, and 12x16 accessory building will be removed. Commissioner
Hulbert questioned how large the property is. Mr. Sinner stated the property is 3 acres ( 200’ x
600’). Upon a roll call vote, Resolution #P.C. 031-2012 is ADOPTED unanimously.
NEW BUSINESS PLACED ON FILE
DOCKET #P.C. 032-2012 – Recommendation to Common Council to rezone a property from
A-1 – Agricultural District to RS-2 – Suburban Resident District for the DeBack property located
in the SE ¼ of Section 32 (Tax Key 2288.996.003 / Crystal Cove Subdivision).
MISCELLANEOUS BUSINESS
None.
ADJOURNMENT
Commissioner Jacques made a motion to adjourn at 6:15 PM. Commissioner Noah seconded.
Upon a voice vote, motion carried. With no further business to come before the Commission,
the meeting was adjourned.
Respectfully submitted,
Kellie McMullen,
Recording Secretary
CITY OF MUSKEGO
Public Safety Committee
Minutes
Approved
LOCATION: Muskego City Hall
W182 S8200 Racine Avenue
CALL TO ORDER
DATE: Wednesday, February 15, 2012
TIME: 6:00PM
PLEDGE OF ALLEGIANCE
The meeting was called to order at 6:01PM, followed by the Pledge of Allegiance.
ROLL CALL
Present were Aldermen Tracy Snead, Neil Borgman and Kert Harenda, Philip Kiedrowski
and James Mayer. Also present were Police Captain Craig Moser, T.C.F.D. Representative
Jeff Verburgt. Alderman Soltysiak was also in attendance.
STATEMENT OF PUBLIC NOTICE
The meeting was properly posted publicly for viewing on Monday, February 13, 2012.
Public Appearance
APPROVAL OF MINUTES
Phil Kiedrowski made a motion to approve the December 7, 2011 and January 4, 2012
minutes. Alderman Harenda seconded and the motion carried unanimously.
Updates from Police Department
Captain Moser had nothing significant to report.
Updates from Fire Department
Jeff Verburgt advised that Tess Corners Fire Department recently responded to Big Bend
for a mutual aid call.
OLD BUSINESS
1. No Parking with Trailer Signage on Luehring Drive (Alderman Soltysiak) -
Captain Moser advised that signs will be posted in the requested area that will say
“No Parking with Trailer and No Parking of Trailer - vehicle will be towed at
owner’s expense”. Alderman Borgman made a motion that the committee
approve the request based on the language presented. Alderman Harenda
seconded, and the motion carried unanimously.
2
2. Fire Ordinance – Alderman Borgman advised that he received a call from Mr.
Plum, the President of the Bay Breeze Condominium Association. The call was
reference the proposed fire ordinance, specifically letter (d). “For other than one
and two family dwellings, no hibachi, grill, or other similar devices used for
cooking, heating, or any other purpose shall be used or kindled on any balcony,
under any overhanging portion, or within 10 feet of any structure.” The
association requested the language be changed to allow the residents of Bay
Breeze to grill on their balconies. Per Jim Mayer, the language is drafted from the
State Fire Code. Mayer advised the city can enforce a more strict ordinance,
however, we cannot allow anything less than the State Fire Code. Mayer advised
he believed the residents could appeal to the State Legislature, or install
automatic sprinkler systems. Apparently, the City of Madison allows grilling on
balconies as long as an automatic sprinkler system is installed. Mayer advised
this would be a safeguard that would allow residents to follow the code and still be
able to grill on a balcony. Alderman Snead asked if the Bay Breeze
Condominiums would be grandfathered in due to being built before the State Fire
Code was in place. Mayer advised that the code is retroactive which would not
allow for them to be grandfathered in. With minor discussion, Alderman Snead
advised that there was not much the committee could do to help and the item
would be sent back to council for approval as submitted. Alderman Borgman
advised he would notify Mr. Plum.
3. EMS Contract Language Change – Jeff Verburgt advised the language needed to
be changed to reflect that the Tess Corners Fire Department would now be
overseeing the billing services of EMS. The following changes were proposed:
Paragraph 1 (a) - remove the line as to the number of locations.
Paragraph 1 (b) - remove the last sentence, “Said service shall be provided as
equally as possible throughout the city’s corporate limits as it relates to both first
responder and ambulance arrival times.”
Paragraph 2 – remove the sentence, “TC Rescue agrees to educate and finance
the education of all its EMT’s and to also finance their continuing education to
ensure that they maintain their respective State certifications.
Paragraph 3 (f) – remove the last sentence, “No payment shall be made to this
Fire Department under this contract until the appropriate insurance certificate
satisfactory to the City shall be provided to the City Clerk’s office.”
Paragraph 4 – remove the entire paragraph and replace it with, “TC Rescue will
be responsible for any and all billings in regards to patient transports”.
Paragraph 5 - a 3 year contract was requested by the fire department.
Paragraph 6 – remove paragraph completely.
Paragraph 7 – shall read, “TC Rescue shall keep an accurate and full report on all
rescue calls made, and submit the report quarterly. Subsection (a) will remain in
the contract.
Paragraph 8 – shall read, “Each party agrees to provide notice to the other party
at least (60) days prior to the expiration of this agreement if any contract terms
are to be different than as described herein for any subsequent contract term”.
There was minor discussion on all of the above requested changes and all were
approved as stated, with the exception of paragraph 5. The committee voted to
3
allow a two year contract. Therefore, paragraph 5 will read, “This contract shall
be in full force and effect starting January 1, 2012 and ending on December 31,
2013”.
On the behalf of the fire department, Jeff Verburgt agreed with the changes,
pending approval by the fire department board .
Alderman Snead asked for a motion to take the language to Common Council on
02/28/12. Alderman Borgman made a motion, Alderman Harenda seconded. Jim
Mayer asked for discussion on if the city will be allowed to see the revenue
generated by the EMS and the expenditures they have. The aldermen all agreed
that they are aware that the mayor receives a quarterly report from the fire
department and that this information is needed for budge t purposes. Alderman
Snead and Jeff Verburgt both agreed they would try to bring in that report when it
is submitted to the mayor for the committees review, under the fire department
updates at future meetings. The motion was again seconded by Alderman
Harenda, and carried unanimously.
NEW BUSINESS
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY
LAW
1. Next Meeting – March 7, 2012 at 6:00PM.
2. Miscellaneous Business
ADJOURNMENT
Alderman Harenda made a motion to adjourn and Alderman Borgman seconded. Motion
carried unanimously and the meeting was adjourned at 6:40PM.
Approved 5/17/12
Conservation Commission (Commission)
City of Muskego
Minutes of Meeting Held on Thursday, January 19, 2012
Chairman Pilak called the meeting to order at 7:00 PM and led those in attendance in the Pledge of Allegiance.
Roll Call - Commissioners: Ms. Julie Holubowicz, Mr. Leonard Pilak, Ms. Sharon Roy, Ald. Soltysiak, Mr.
Howard Schneider and Conservation Coordinator Tom Zagar.
Excused: Ms. Karen Hartwell, Mr. Bill Miller
The meeting was posted in accordance with the open meeting law.
APPROVAL OF PREVIOUS MEETING MINUTES – A motion was made by Commissioner Schneider to
approve the minutes of the meeting held October 18, 2011. Seconded by Commissioner Roy; motion carried.
PROJECT UPDATES
Conservation Coordinator Zagar updated the commissioners on the following projects:
Engel Conservation Area—A resident of the Woodland Creek subdivision inquired about access to Engel
Conservation Area. Conservation Coordinator Zagar stated there was a 15-foot public access easement and the
residents of the subdivision should be aware of it He plans are to mow connector the trail and is proposing to
put a discrete sign that would identify it as a Woodland Creek subdivision outlot access to the Engel
Conservation Area.
Native Seeding at Park Arthur—They seeded areas of Park Arthur last summer and still have some seed left
over and will be reseeding some areas. This will help reduce the maintenance costs of the park. Commissioner
Roy inquired if there were any parks that could have a rugby fi eld as the field at Bluhm Park is bad. Would Park
Arthur have any area? Conservation Coordinator Zagar advised her to contact Director Anderson. Ald.
Soltysiak thought the second phase of Park Arthur had planned for a football/rugby area but he didn’t know if
they were going through with it due to added costs of park development.
UNFINISHED BUSINESS
Acquisition of Borst Property Lands— Conservation Coordinator Zagar reported they are close to closing on
the Borst property. They are at the same point as they were in December. He believed they did come in with
what is the final CSM land division. He provided a map showing the acquisition area which is about 103 acres
in size. The city is also acquiring an access easement through her property to the uplands and Ridges site.
Update on Conservation Plan—Commissioners were in receipt of the pertinent chapters to the conservation
plan and were asked for their input. The biggest change in the inventory chapter was that “other conservation
sites” category now includes subdivision outlots that have preservation restrictions. Most of these areas are
wetlands. There are also some new acquisitions added to the plan. The plan’s “Recommendations” chapter
classifies certain land areas in the community as high, medium or low priority based on ecological significance
of the land cover growing there. Some specific recommendations were discussed:
Big Muskego Lake is a natural area of regional significance with a lot of critical species living there.
Partnering with the WDNR to help them acquire more lands in the Big Muskego Lake wildlife area
should be a priority. Connect current areas with other areas to form a more contiguous area.
Commissioners were in agreement that this should be pursued.
In regard to the Badertscher reserve, to come up with some formal plan to build facilities and to manage
the land. Commissioner Holubowicz questioned what type of facilities? Conservation Coordinator Zagar
Conservation Commission Meeting – January 19, 2012 – Page 2
responded with parking lot, some type of restroom, signage, trail system similar to Engel Conservation
Area.
Ultimately at Engel Conservation Area, to have a building where there is outdoor education, meetings,
etc. He would like to fund it in other ways than taxpayer dollars such as private donations and a
nonprofit “friends” group. It is also possible that another group such as Boy Scouts could develop such
a building in exchange for getting preferential use. Chairman Pilak shared that there are groups that
round up contractors, materials to build educational centers usually at no cost as they are looking for a
tax break. Conservation Coordinator Zagar stated that it would then be a matter of maintenance costs
that could be offset by renting the building or utilizing endowments.
There are high priority lands to the north and west of the Engel Conservation Area in the northwest
corner of Section 20 that could expand the conservancy with a swath of conservancy lands, or
“greenway,” with a trail that connects all the way to Muskego County Park.
Promote conservation sites to raise awareness and so people develop a sense of stewardship in them.
Commissioner Hartwell had called Zagar suggesting that volunteers become more involved in
management. It was brought up to possibly have an adopt-a-conservation land program as a way to
manage the lands. Conservation Coordinator Zagar was contacted by a former forester who was
interested in volunteering to remove buckthorn at Veterans Memorial Park. In the past, residents from
the Quietwood Creek subdivision volunteered to do work in the woods by Guernsey Meadows.
Commissioner Holubowicz shared that some companies want to do a service day for their employees.
Conservation Coordinator Zagar noted that the M&I bank employees had volunteered and collected
prairie seeds at the Engel Conservation Area in 2010.
In the recommendations chapter, Commissioner Schneider asked where the creek runs across the corner
of College and Racine that the priority for the corridor be changed to medium. Conservation Coordinator
Zagar felt that raising the priority of the creek corridor was a good idea. it could be; however, that area
is commercial development land and the woods is low quality. Commissioner Schneider’s concern was
preserving the quality of this water which originates on the Borst farm. Commissioner Schneider
made a motion to convert the area that follows the creek to medium conservation priority; the
swath of land along the creek just southeast of College and Racine. Chairman Pilak seconded.
Commissioner Holubowicz stated it was a great idea. The area will be changed on Map 10. Upon a
voice vote, the motion carried.
Ald. Soltysiak invited discussion on a trail up Hillendale to get to the Ridges, connecting through the
Waste Management site; also, Hillendale to Racine and come off of Field Drive to the Borst property. It
would be described as going from the northern half of Section 18 to Hillendale and then east of
Hillendale to Racine with a spur on Field Drive to go to the Borst property. Ald. Soltysiak moved to
approve the Commission’s modifications to the Conservation Plan for 2012-2016. Commissioner
Schneider seconded. Upon a voice vote, the motion carried unanimously.
NEW BUSINESS
Site Plan for Badertscher Reserve (Borst Land Acquisition)—
Conservation Coordinator Zagar mentioned the plan would not only include parking lot and facilities, but uses
of the property. He suggested consideration of the following uses:
Because of the use of stewardship money, hunting cannot be prohibited. However, they can regulate it.
On the application, they can offer bow hunting and possibly turkey hunting. It would not have dove,
duck, pheasant or deer hunting due to the proximity to the residences and the amount of the shooting.
They would only want silent hunting activities and this would still meet the criteria of the stewardship.
They could also set up a system where hunters would need permits which would be two-fold in
providing revenue to maintain the area.
Consider an equestrian trail.
No dogs.
Conservation Commission Meeting – January 19, 2012 – Page 3
Possibly allow passage of snowmobile trail, but not ATV.
This plan will be an ongoing agenda item. Zagar noted that the agricultural lands will be leased to the existing
tenant farmer. Monies generated can be put toward restoration and facilities development. Zagar also noted he
has been in contact with the US Fish and Wildlife Service and can likely get funding for the prairie plantings as
well as wetland restoration.
MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Parks & Recreation Department Seeks to Acquire Boxhorn Boat Launch
Conservation Coordinator Zagar shared that the city is exploring the idea of purchasing just the boat launch
access from the Boxhorn Gun Club. It would be a good portion of the parking lot, the launch and some wetlands
to the south and also includes a pole barn across the parking lot from AJ’s. The pole barn would be used to
store a lot of the equipment that is used for conservation, the Lake District boat, ATV, the city boat,
trailer/mower, and some parks equipment. The city may rent out some space to the gun club. As of now, it is
still in the appraisal stage. Commissioner Schneider inquired on the funding for the purchase. Conservation
Coordinator Zagar thought it would be landfill funds or park dedication fees. He stated it was important to get
access to Big Muskego Lake and Chairman Pilak added that a certain number of trailer parking spaces are
needed per acreage of lake to get DNR funding and assistance.
MMSD Land Acquisition in Franklin and Muskego
Conservation Coordinator Zagar reported the Milwaukee Metropolitan Sewage District has a land acquisition
project to do storm water abatement and wetland restoration in the Ryan Creek watershed which is tributary to
the Root River. While a portion is in Muskego, most of the project area is just east in Franklin. On the map, he
pointed out the lands around Dumke Pond across from where Durham Drive connects to North Cape Road that
comprise the creek’s headwaters. Much of the project area also lies within the Big Muskego Lake State Wildlife
Area project boundary. MMSD works through a nonprofit conservation organization to acquire the land. They
have deeded one parcel of 60 some acres to the Department of Natural Resources that is open to public hunting.
Eventually, all of the acquired parcels (about 220 acres total) will become state land. One acquisition parcel lies
in Muskego; the 40-acre parcel of land from the Blattner family.
ADJOURNMENT—Ald. Soltysiak moved to adjourn the meeting at 8:15 PM.
Stella Dunahee, CPS
Recording Secretary
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1361
AN ORDINANCE TO REPEAL AND RECREATE SECTION 36.04(6)
OF THE CITY OF MUSKEGO CITY CODE
RELATED TO WIRELESS PUBLIC SAFETY COMMUNICATIONS
WHEREAS, on February 3, 2011, the City of Muskego Public Safety Answering
Point (PSAP) completed a wireless 911 telecommunications upgrade which enabled the
PSAP to receive Phase I and Phase II wireless 911 information and geographically plot
and re-bid caller location within the computerized dispatch mapping system, to allow
cellular 911 calls to be routed directly to the City of Muskego PSAP; and
WHEREAS, on April 12, 2011, the City of Muskego Common Council adopted
Resolution No. 48-2011 which declared the City of Muskego Police Department a
primary wireless 911 PSAP, in accordance with Wisconsin Statute Section
256.35(3m)(c)(6), and approve funding for the costs associated with operating a primary
wireless 911 PSAP; and
WHEREAS, the City of Muskego has completed all necessary applications and
procedures to require wireless carriers that provide service in the City of Muskego to
route cellular 911 calls originating within the City of Muskego directly to the City PSAP;
and
WHEREAS, on or about April 16, 2012, the Chief of the Publ ic Safety and
Homeland Security Bureau for the Federal Communications Commission, James Arden
Barnett, Jr., Rear Admiral (Ret.), notified the City of Muskego Chief of Police of his
conclusion regarding the City of Muskego’s request to investigate denial of the City’s
request to telecommunications carriers to provide 911 service to the City PSAP, and
stated in relevant part that “wireless carriers who deliver 911 calls to either the City or
the County PSAP are in compliance with Section 20.18(j);” and
WHEREAS, the lack of federal regulation on this issue of whether the City or the
County can demand direct Wireless 911 routing constitutes a void in federal or State
regulation; and as to this void:
the legislature has not expressly withdrawn the power of municipalities to
act,
requiring routing to the City does not logically conflict with the State or
federal legislation,
requiring routing to the City does not defeat the purpose of the State or
federal legislation, and
2
requiring routing to the City does not go against the spirit of the State or
federal legislation; and
WHEREAS, the ordinance that is hereby adopted only exerts local control over
an issue for which no control is otherwise prescribed, and for which the FCC has found
telecommunications providers will comply with applicable laws in their provision of this
service to the City PSAP; and
WHEREAS, the City of Muskego Police Department conducted a six month study
between January and June, 2011, and found that calls routed through the Waukesha
County Communications (WCC) resulted in an average 72 second delay in reaching the
City of Muskego; and
WHEREAS, in emergency situations, delay translates into personal injury,
property damage and loss of lives, and any avoidable delay is simply unaccept able; and
WHEREAS, delays as large as were discovered by the City of Muskego study
will certainly mean loss of life in the City of Muskego at some time in the future if cellular
911 calls are not routed directly to the City of Muskego PSAP; and
WHEREAS, even in the recent past, the unnecessary delay of routing cellular
911 calls through the WCC, instead of routing them directly to the City of Muskego
PSAP, has severely impaired response time and may have resulted in significant
adverse injury, including on Thursday, 8-11-11, when a call was delayed by WCC for 57
seconds before the call finally reached the City of Muskego, during which time the
patient was non-responsive, and ultimately when the City received the call and
responded, the patient had died and could not be revived; and
WHEREAS, every second matters in life and death emergency response
situations; and
WHEREAS, this change has been initiated by the Common Council and has
been duly referred to the City of Muskego Plan Commission; and
WHEREAS, the City of Muskego Plan Commission has conducted such study
and investigation as it deems desirable and has provided its report and
recommendation to the Common Council; and
WHEREAS, following the provision of Class 2 notice as described in Wisconsin
Statutes Sections 62.23(7)(d)(2), 62.23(7)(d)(1)(b), and Chapter 985, Wis. Stats., the
Common Council conducted a public hearing regarding this change; and
WHEREAS, upon consideration of the recommendation of the Plan Commission,
comments received at the public hearing in this matter, and being duly advised, and in
order to promote the health, safety, morals, prosperity, aesthetics and general welfare
3
of the City of Muskego, and in order to secure safety from fire, panic and other dangers,
the City of Muskego finds that the City Code should be amended as described herein.
NOW, THEREFORE, the City of Muskego Common Council, Waukesha County,
Wisconsin, HEREBY ORDAINS as follows:
SECTION 1: Chapter 36 of the City of Muskego Municipal Code entitled
“Wireless Communications Facilities,” Section 36.04 entitled “General Performance
Standards,” subsection (6) entitled “Interference with Public Safety Communications,” is
hereby repealed and recreated with the title “Public Safety Communications,” as follows:
(6) Interference with Public Safety Communications.
(a) No new or existing telecommunications service shall
interfere with public safety telecommunications. All
applications for new service shall be accompanied by an
intermodulation study which provides a technical evaluation
of existing and proposed transmissions and indicates all
potential interference problems. Before the introduction of
new service or changes in existing service,
telecommunication providers shall notify the municipality at
least ten calendar days in advance of such changes and
allow the municipality to monitor interference levels during
the testing process.
(b) All new or existing telecommunications service providers
shall route Cellular 911 calls originating within the City of
Muskego directly to the City of Muskego Public Safety
Answering Point as demanded by the City of Muskego Chief
of Police, subject to the following. The Chief of Police shall
impose no demands that conflict with any express
requirement of any State or federal law or regulation, and all
necessary procedures to implement this change shall be
made pursuant to applicable State and federal laws.
SECTION 2: SEVERABILITY.
The several sections of this ordinance are declared to be severable. If any
section or portion thereof shall be declared by a court of competent jurisdiction to be
invalid, unlawful or unenforceable, such decision shall apply only to the specific section
or portion thereof directly specified in the decision, and shall not affect the validity of any
other provisions, sections or portions thereof of the ordinance. The remainder of the
ordinance shall remain in full force and effect. Any other ordinance whose terms are in
Formatted: Indent: Left: 1.5", Hanging: 0.5"
4
conflict with the provisions of this ordinance are hereby repealed as to those terms that
conflict.
SECTION 3: EFFECTIVE DATE.
This ordinance shall be effective upon publication or posting as provided by law.
Dated this ___ day of _______________, 2012.
CITY OF MUSKEGO
__________________________
Kathy Chiaverotti, Mayor
ATTEST:
_______________________
Sharon Mueller, City Clerk
This ordinance posted or published ______________________.
B:\MyFiles\Muskego\Cellular 911\Ord.04-26-12
Council Date JUNE 12, 2012
Total Vouchers All Funds $650,706.02
Total Voucher Approval
Utility Vouchers (Approve Separately)
Water Vouchers $10,440.38
Water Wire Transfers
Total Water $10,440.38
Sewer Vouchers 69,246.85
Sewer Wire Transfers
Total Sewer $69,246.85
Net Total Utility Vouchers $ 79,687.23
#1 - Utility Voucher Approval
Tax Vouchers - Refunds & Tax Settlements (Approve Separately)
Tax Vouchers $
Tax Void Checks ()**
Total Tax Vouchers $ -
#2 - Tax Voucher Approval
Total General Fund Vouchers (Approve Separately)
General Fund Vouchers $
General Fund Void Checks (571,018.79 )**
Total General Fund Vouchers $ 571,018.79
#3 - General Voucher Approval
Big Muskego Lake Vouchers $
Wire transfers (Approve Separately):
Tax Settlements $
Debt Service $731,925.00
Miscellaneous $
#4 - Wire Transfers Approval
Void Checks Since Last Report
Check #Amount Check #Amount
Water
Total ***
Sewer
Total 0.00 *Total ***