COMMON COUNCIL Agenda 20120710CITY OF MUSKEGO
COMMON COUNCIL AGENDA
DATE: JULY 10, 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
Aldermanic Representatives to Mayor’s Task Force on Communications and
Standing Committees
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
Ord. #1361 An Ordinance to Amend the Zoning Map and Comprehensive Plan of the
City of Muskego (Hewitt – RL-3 to DR-1). Second Reading. Need Plan
Commission Recommendation
Ord. #1362 An Ordinance to Amend the 2020 Comprehensive Plan of the City of
Muskego. Second Reading. Need Plan Commission Recommendation
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 – June 26, 2012
Reso. #071-2012 Appointment of Alderman to Community Development Authority
Reso. #072-2012 Appointment of Citizen Member to the Community Development Authority
Reso. #073-2012 Approval of Certified Survey Map – Baseler
REVIEW OF COMMITTEE REPORTS
Finance Committee – May 22, 2012
FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES
WAIVED
Ord. #1363 An Ordinance to Repeal and Recreate Section 36.04(6) of the City of
Muskego City Code Related to Wireless Public Safety Communications
Common Council Agenda 2
July 10, 2012
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
CLOSED SESSION
Please take notice that following Communications and Miscellaneous Business as Authorized
by Law, the Common Council will convene, upon passage of the proper motion, 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.
Wis. Stats. §19.85(1)(g) 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, more specifically discussion of Notice of
Claim filed by Mike Moore against the City.
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 Waste Management Proposed
Wellhead Protection Agreement.
Wis. Stats. §19.85(1)(g) 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, more specifically recent developments
regarding Parkland Venture, LLC vs. City of Muskego.
Action may be taken in closed session. The Common Council will then reconvene into open
session to continue with agenda items.
OPEN SESSION
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
ORDINANCE #1361
AN ORDINANCE TO AMEND THE ZONING MAP
OF THE CITY OF MUSKEGO
(Hewitt – RL-3 to DR-1)
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The following described property is hereby rezoned from RL-3 –
Lakeshore Residence District to DR-1 – Downtown Revival District:
Tax Key Number: 2195.999
SECTION 2: The Common Council does hereby amend the 2020 Comprehensive Plan
Map to reflect a change from Medium Density Residential to Commercial.
SECTION 3: 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 dec ision 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 4: 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: 06/26/2012
ATTEST:
__________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published:
CITY OF MUSKEGO
Staff Report to Council
June 26, 2012 Meeting
To: Common Council
From: Jeff Muenkel, AICP
Subject: Hewitt Rezoning
Date: June 19, 2012
Background Information:
The rezoning request is from Dan Hewitt who is the owner of the DJ’s Pub land along Janesville Road just
north of Pioneer Drive. The rezoning request is to go from RL-3 Single Family Residential Lakeshore
zoning district to DR-1 Downtown Revival District. The rezoning is requested as Mr. Hewitt’s DJ’s
Pub/Restaurant and a home on the lot are being removed to make way for the County’s Phase 2 Janesville
Road Reconstruction project starting next year. The Pub/ Restaurant has been operating at this location for
about 90 years but for some reason or another has always been legal nonconforming as the zoning on the
property has been residential. In order to rebuild a commercial restaurant a rezoning is required.
Mr. Hewitt intends to rebuild a 3,000+ SF new pub/restaurant with possible apartment units on top close to
Janesville Road. Thus, the best zoning district for such a use is the city’s rather new DR-1 Downtown
Revival Zoning District. This zoning district allows buildings closer to the street frontage (as close as 10
feet) and was originally created for parcels along the downtown of Janesville Road that were affected by the
project in some way. The DR-1 zoning district was recently approved for P&L Insurance just 300 feet west
of DJ’s and the DR-1 zoning matches the same restrictions as the HC-1 Historic Crossroads zoning district
which is found directly across the street from DJ’s and all along Pioneer Drive.
The public hearing is before the Council tonight on June 26th and the Planning Commission will weigh in on
their recommendation on Monday July 9th. The parcel is within the city’s Redevelopment District #2
boundary. Being that this parcel is within a Redevelopment District it is customary for the CDA to discuss
how this proposal may relate to the goals of the Redevelopment District #2 Plan. The CDA reviewed the
item at their June 19th meeting and found that the proposed rezoning makes sense as far as the
Redevelopment Plan goals are concerned since the rezonings goal is to redevelopment Mr. Hewitt’s property
similar to what is found today.
Staff Recommendation:
Overall, staff believes that this rezoning fits within what the Redevelopment District was created for. We
have a current commercial use that has intent to be redeveloped via the rezoning. Thus staff does
recommend approval. How the future building and site is proposed along with the future restaurant
operations would be subject to future approvals of the Planning Commission. This rezoning can pave the
way for a quality redevelopment that the city will have future say in. The redevelopment will hopefully
increase the tax base of the parcel, the aesthetics of the roadway and entrance to the city’s downtown as well.
Lastly, similar zoning is found adjacent to the parcel across the street and has been utilized a few other times
along Janesville Road for those parcels affected by the County Reconstruction project. Council should
weigh in at their discussion at the public hearing should they desire any more information so the petitioner
has time to get that to Council prior to the July 10th meeting in which Council may make a final decision at
that time.
8.14 RL‐3 EXISTING LAKESHORE RESIDENCE DISTRICT
(1) STATEMENT OF INTENT
This district is intended to apply to lakeshore properties with specialized regulations appropriate of their
unique character; with particular recognition of the disproportionately high land value of lake frontage,
the problems of over intensive exploitation of such frontage resulting from excessive demand, the
extreme vulnerability of lakeshore properties to nuisance and to adverse effect on property value, and the
problems of pollution and public safety resulting from over use.
This district is newly created as a result of the zoning code modifications in 2006. Many parcels of this
density and type existed when Muskego’s zoning code was originally implemented. The density, widths,
and building location measures listed below are to guide parcels currently zoned this district. The City
will not rezone new parcels to this zoning district or create new parcels of this size. All parcels proposing
land divisions within this district must meet the minimum guidelines of the RS-3 zoning district or a
residential district with greater regulations.
(2) BASIC REGULATIONS (See Section 5 for general enabling and qualifying language.)
(A.) Lot Size (B.) Density
(C.) Building
Location (D.) Building Size
(E.)
Open
Space
(F.) Height
Minimum
Area
(In Sq. Ft.
Or Acres)
Min.
Average
Width
(In Feet)
Residential
Lot Area
Per D/U
Min.
Set
Back
(In
Feet)
Minimum Offset
Minimum Residential
Floor Area (In Sq. Ft.)
Floor
Area
Ratio
Min per
Residentia
l D/U
Max. Permitted
(In Feet)
Lot Area Per
D/U
(In Sq. Ft.)
One
Side
(In
Feet)
All other
sides
(In Feet)
Single Family Multi
per
D/U
Principal
structure
Accessory
structure 1st
floor
Total
10,000 Sq.Ft. 66.6 * 25 6.7 10 1200 1200 - Exempt 6,666 30 **
* New land divisions in this zoning district must follow the RS-3 zoning district regulations
** See Section 5
(3) Permitted Uses (See Section 5)
A. PERMITTED USES BY RIGHT
1. Any use as permitted by right in the RCE District.
2. Public outdoor recreational facilities subject to approval by the Plan Commission of building,
site and operational plans.
B. PERMITTED ACCESSORY USES
1. Any accessory use permitted in the RCE District.
2. Any other use normally incident or accessory to the permitted uses subject to approval by the
Plan Commission of building, site and operational plans.
3. One (1) boat house in addition to the accessory uses permitted by the underlying district, and
subject to the approval of the Community Development Director, or designee, upon payment of
fees and receipt of permits as required and amended from time to time, and subject to following:
a. Location: minimum 20 feet from the ordinary high water mark and subject to the side yard
offset provisions of the underlying district effective with new construction or relocations
after November 15, 2001.
b. Height: not greater than 15 feet above the lowest grade.
c. Area: no greater than 525 square feet.
C. PERMITTED USES BY CONDITIONAL GRANT
1. Any conditional use permitted in the RCE District.
2. Boating and yacht clubs, marinas and launching sites.
3. Private commercial and private non-commercial group outdoor recreational facilities.
4. Lake resorts and individual cabins or cottages for rental on a limited seasonal basis and not for
year round occupancy.
5. Boat liveries.
D. SINGLE USE
1. No lot in this district shall by deed, covenant, easement or other device or agreement hereafter
provide for the permitted uses or accession or incidental uses thereto, or for right of access, by
other than the owner or legally resident occupant of the premises and invited guests, except in the
case of a public park or way, public utility easement, patrons of a permitted commercial use, or of
a permitted organizational use.
E. LAKE SHORE OFFSET
1. No building shall be permitted closer than 50 feet to the shore line of a lake shore lot except that
no offset shall be required for piers or similar use areas and a boat house as permitted above.
F. REZONING AND LAND DIVISION RESTRICTIONS
1. The City will not rezone new areas to this zoning district as the district is in place for the
conformity of existing parcels that were developed under the original City of Muskego Zoning
Code. All parcels proposing land divisions within this district must meet the minimum
guidelines of the RS-3 zoning district or a residential district with greater regulations.
8.38 DR‐1 DOWNTOWN REVIVAL DISTRICT
(1) STATEMENT OF INTENT
This District is intended for the properties found along Janesville Road in Muskego’s Downtown from
Bay Lane Drive to Racine Avenue. The District was created to allow the revival and redevelopment of
these properties in order to create new opportunities for the parcel owners. The parcels in this area have
or may be affected by future improvements along Janesville Road and it is the City of Muskego’s
objective to have a zoning district that allows property owners to have usability of their property in order
to assure that the core of Muskego’s downtown is revived.
This District is intended to encourage mixed-use, compact development that is sensitive to the
environmental characteristics of the land and facilitates the efficient use of services. The District
diversifies and integrates land uses within close proximity to each other, and it provides for the daily
retail and customer service needs of the residents.
The District is designed to encourage pedestrian-friendly designs, which respect and accommodate the
community’s dependency on the automobile. Higher standards of design with a renewed emphasis on
community image and the cost-effective provision of public services are promoted. Widely accepted
development and planning principles suggest that new development should help the downtown and City
compete in an increasingly competitive and quality-conscious real estate environment, and provide
alternative housing and shopping opportunities in close proximity.
Design standards should closely follow those found in the City’s adopted Downtown Design Guide. The
Downtown Design Guide is characterized by the following design elements: Traditional town
center/modern ‘main-street’; Buildings squarely facing the street; Buildings closer to street; Pedestrian
scale – walk able, accented storefronts; Variable roof-lines; Transitional massing blending with
surrounding architecture; Sense of place/downtown identity; Destination and convenience retail; Shared
parking; Convenience.
The District is intended for both stand-alone parcels and larger grouping of parcels as long as the
objective is to promote the characteristics above. Commercial uses are encouraged from Bay Lane Drive
to Pioneer Drive and residential uses are encouraged from Pioneer Drive to Racine Avenue as per the
direction of the Muskego Comprehensive Plan. Rezoning requests for parcels that do not meet the intent
of this zoning district should follow existing residential and commercial zoning districts.
(2) BASIC REGULATIONS
(A) Lot Size (B) Density (C) Open Space
Minimum
Area
Min. Average
Width
Residential Lot Area Per D/U Minimum per Parcel
Lot Area Per D/U
7,200 SF* 60’* 5,000 2,500 SF
(D) Primary Structure Building Location
Min. Setback (from ROW) Max. Setback (from ROW) Minimum Offset
One Side All Other Sides
10’ - 5’ 10’
(E) Primary Structure Building Size (F) Building Height
Min. Residential Floor Area Floor Area Ratio Maximum Permitted
Single-Family Multi-Family (per
D/U)
Principal Structure Accessory Structure
1st Floor Total
- 1,200 SF 1,000 SF 40% 35’ See 17:4.05
(G) Accessory Structure Building Location
Min. Setback (from ROW) Max. Setback (from ROW) Minimum Offset
One Side All Other Sides
25’ N/A 5’ 10’
* This District does not promote new parcels of this size, but allows parcels to be conforming if they meet these guidelines. Newly
created parcels in this district should meet the size requirements of the B-2 Zoning District for commercial uses (Minimum Parcel
Area = 20,000 SF; Minimum Parcel Width = 100 feet) and the size requirements of the RS-3 Zoning District for residential uses
(Minimum Parcel Area = 15,000 SF; Minimum Parcel Width = 100 feet).
(3) USE REGULATIONS
A. PERMITTED USES BY RIGHT
1. Single-family detached dwellings.
2. The following subject to approval by the Plan Commission of building, site and operational
plans:
a. Single-family attached, Duplex, or Townhouse structures.
b. Retail stores and shops.
c. Public administration offices and public service buildings.
d. Community and customer service establishments such as, but not limited to, the following:
i. Business, professional, public service, banking and savings and loan offices.
ii. Delicatessen, Produce/Meat Market
iii. Clothing Store
iv. Restaurants, taverns and other commercial entertainment facilities
v. Hotels
vi. Laundry/Dry Cleaning Services.
vii. Specialty Foods (Bakeries, Confectionaries, etc.)
viii. Specialty Store (Books, Music, Toys, Sporting Goods, Stationery, etc.)
ix. Variety Store
x. Commercial studios, display galleries and training schools.
xi. Public utility offices and installations
xii. Accounting, Auditing, Bookkeeping, and Tax Preparation
xiii. Architectural, Engineering, Planning & Surveying Services
xiv. Barber/Beauty/Hair Salon & Related Personal Care
xv. Bed and Breakfast Establishments
xvi. Café, Coffee Shop, Diner, Restaurant
xvii. Desktop Publishing & Graphic Design
xviii. Legal Services
xix. Lessons (Art, Dance, Music, etc.)
xx. Medical/Dental Offices, including Veterinary
xxi. Photography Studio
xxii. Real estate
xxiii. Tax Preparation
xxiv. General Merchandising and wholesaling establishments
B. PERMITTED ACCESSORY USES
1. Private garages subject to the provisions of this Code subject to the approval of the Zoning
Administrator and upon payment of fees and receipt of permits as required by the Common
Council and amended from time to time.
2. One (1) private garden shed subject to the provisions of this Code subject to the approval of the
Zoning Administrator and upon payment of fees and receipt of permits as required by the
Common Council and amended from time to time.
3. Any other structure or use normally accessory to the principal uses permitted.
4. Home Occupations when incidental to the principal residential use, as outlined in this Code.
C. PERMITTED USES BY CONDITIONAL GRANT
1. The following subject to approval by the Plan Commission of Building Site and Operational
Plans:
a. Dwelling units accessory to commercial uses
b. Gasoline and Automobile Service Stations
c. Nursing/rest homes, homes for all aged, and daycares. (Ord. #1351 – 03-22-2012)
2. Agricultural uses
COMMON COUNCIL - CITY OF MUSKEGO
ORDINANCE #1362
AN ORDINANCE TO AMEND THE 2020 COMPREHENSIVE PLAN
OF THE CITY OF MUSKEGO
THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN
AS FOLLOWS:
SECTION 1: The Common Council of the City of Muskego does hereby amend the
2020 Comprehensive Plan to reflect the following changes:
Chapter 8 - Page 218 – Strike the following:
Future Lake Access Note (Shown as Note #5a - #5b on 2020 Land Use Map)
Bringing back the lake to downtown Muskego was a large topic during the formulation of this
Plan. At this point of time, there is no direct access or views to Little Muskego Lake from the
downtown and Janesville Road. This Plan looks to promote increased lake access and view
sheds to the lake in two different areas.
The first area is located along Lannon Drive, just north of Janesville Road (5a on the map).
Connecting lake access to a future development in the former Parkland Mall property is
encouraged in this area. The second opportunity is on the east side of the Little Muskego Lake
dam along Janesville Court on the southern end of the lake off of Janesville Road (5b on the
map). A larger property exists to the east of the dam that has the possibility to be incorporated
with other properties in this area to create a large lake access and view shed along the heavily
traveled Janesville Road.
Recommendations of this DDA include that future decision making bodies be sensitive to how
these lake accesses are developed in order to assure that the access points work well with the
surrounding land uses. Parcels should be looked to be purchased by the community as funds
become available, development takes place, and/or properties go up for sale.
Future lake accesses and view sheds will hopefully bring the lake back into the community and
create new opportunities for residents and visitors to enjoy an original amenity that Muskego
has for so long been based upon.
2020 Comprehensive Land Use Map – Strike the following text on the map along with the
removal of the graphics denoting 5a and 5b (See the attached map for more details):
NOTES #5a-5b: Future Lake Access
Increased lake access and view sheds to the Little Muskego Lake in two different areas is
promoted to bring back the lake into the community and for residents and visitors to enjoy an
original amenity that Muskego has for so long been based upon. The first area is locate along
Lannon Drive, just north of Janesville Road (5a on the map) and the second opportunity is on
the east side of the Little Muskego Lake dam (5b on the map). The City should look to purchase
parcels as funds are available, development takes place, and/or properties go up for sale.
SECTION 2: A Public Hearing was held regarding the proposed amendments on
June 26, 2012 in front of the Common Council.
Ordinance #1362
SECTION 3: 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 4: 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
ATTEST: First Reading: 06/26/2012
____________________________
Clerk-Treasurer
Notice of Newly Enacted Ordinance Published:
6/12jmb
CITY OF MUSKEGO
Staff Report to Council
June 26, 2012 Meeting
To: Common Council
From: Jeff Muenkel, AICP
Subject: 2020 Plan Amendments – Lake Access/Park Notations
Date: June 19, 2012
Background Information:
The Council adopted Resolution #049-2012 on April 24, 2012. This resolution was to formally
terminate past resolutions concerning the city pursuing the purchase of various Little Muskego
lakefront properties for a future park purposes. As part of this resolution the resolution it read:
BE IT FURTHER RESOLVED that the Common Council of the City of Muskego will remove the
reference to the lake properties in the Park and Conservation Plan and also directs City staff to
bring forth 2020 Comprehensive Plan amendments to possibly remove the “Future Lake Access”
notations from the Plan.
The Council did remove the lake properties reference from the Park and Conservation Plan
recently and now it is time to consider the references noted in the 2020 Comprehensive Plan. As
found attached, the public hearing was noticed appropriately showing that the Council will
consider amending the 2020 Comprehensive Plan to remove all references to the lake access/park
notations. These references simply consist of removing the paragraphs in Chapter 8 found on
page 218 noted below and the text and map notations scratched out on the attached 2020 Land
Use Map.
Staff Discussion/Recommendation:
It should be noted that considerable time was put into the 2020 Comprehensive Plan including
two surveys, 20+ public meetings, and various public hearings. The 2020 Comprehensive
Planning Committee discussed the lake park notations only due to input from the public over the
two years the Plan was put together. Good discussion of the 2020 Committee’s thoughts should
be found at the Planning Commission recommendation regarding this subject on Monday July 9th
as two members of the 2020 Committee are now a part of Planning Commission.
In all, staff doesn’t see any doubt that having a lake park attached to a downtown could benefit
and define a city. Having such an asset is only unique to few municipalities and any opportunity
should at least be considered. In order to preserve at least this opportunity staff will be
recommending that not all lake park references are removed from the 2020 Plan but that they are
simply amended. Removing the exact locations desired for a lake park from the 2020 map and
text is fair since we don’t know exactly where such a lake park could be defined in the future.
However, the text in the 2020 Plan and Map could still note that the City will consider a future
lake park access should the current governing body decide to and should an opportunity come the
Council’s way. Doing so does not solidify any requirement of the city to establish a lake park
access but at least preserves the intent of the 2020 Comprehensive Plan when it was adopted.
Further it shows that the City of Muskego believes that the lake is an asset to the present/future of
the community and that the city desires to still consider anything that may benefit the future
prosperity of the city. The staff recommended amendment can be found attached to the bottom of
this supplemental memo.
Amendments for Consideration
Chapter 8 - Page 218 –
Future Lake Access Note (Shown as Note #5a - #5b on 2020 Land Use Map)
Bringing back the lake to downtown Muskego was a large topic during the formulation of
this Plan. At this point of time, there is no direct access or views to Little Muskego Lake
from the downtown and Janesville Road. This Plan looks to promote increased lake
access and view sheds to the lake in two different areas.
The first area is located along Lannon Drive, just north of Janesville Road (5a on the
map). Connecting lake access to a future development in the former Parkland Mall
property is encouraged in this area. The second opportunity is on the east side of the
Little Muskego Lake dam along Janesville Court on the southern end of the lake off of
Janesville Road (5b on the map). A larger property exists to the east of the dam that
has the possibility to be incorporated with other properties in this area to create a large
lake access and view shed along the heavily traveled Janesville Road.
Recommendations of this DDA include that future decision making bodies be sensitive to
how these lake accesses are developed in order to assure that the access points work
well with the surrounding land uses. Parcels should be looked to be purchased by the
community as funds become available, development takes place, and/or properties go
up for sale.
Future lake accesses and view sheds will hopefully bring the lake back into the
community and create new opportunities for residents and visitors to enjoy an original
amenity that Muskego has for so long been based upon.
2020 Comprehensive Land Use Map –
This also includes the removal of the 5a and 5b designations on the 2020 Future Land
Use Map along with the “Notes” text found on the map (See the attached map for more
details):
NOTES #5a-5b: Future Lake Access
Increased lake access and view sheds to the Little Muskego Lake in two different areas
is promoted to bring back the lake into the community and for residents and visitors to
enjoy an original amenity that Muskego has for so long been based upon. The first area
is locate along Lannon Drive, just north of Janesville Road (5a on the map) and the
second opportunity is on the east side of the Little Muskego Lake dam (5b on the map).
The City should look to purchase parcels as funds are available, development takes
place, and/or properties go up for sale.
Staff Recommended Amendments
Chapter 8 - Page 218 –
Future Lake Access Note (Shown as Note #5a - #5b on 2020 Land Use Map)
Bringing back the lake to downtown Muskego was a large topic during the formulation of
this Plan. At this point of time, there is no direct access or views to Little Muskego Lake
from the downtown and Janesville Road. This Plan looks to promote increased lake
access and view sheds to the lake in two different areas.
The first area is located along Lannon Drive, just north of Janesville Road (5a on the
map). Connecting lake access to a future development in the former Parkland Mall
property is encouraged in this area. The second opportunity is on the east side of the
Little Muskego Lake dam along Janesville Court on the southern end of the lake off of
Janesville Road (5b on the map). A larger property exists to the east of the dam that
has the possibility to be incorporated with other properties in this area to create a large
lake access and view shed along the heavily traveled Janesville Road.
Recommendations of this DDA include that future decision making bodies be sensitive to
how these lake accesses are developed in order to assure that the access points work
well with the surrounding land uses. Parcels may should be looked to be purchased by
the community as funds become available, development takes place, and/or properties
go up for sale.
Future lake accesses and view sheds will hopefully bring the lake back into the
community and create new opportunities for residents and visitors to enjoy an original
amenity that Muskego has for so long been based upon.
2020 Comprehensive Land Use Map –
The staff recommended amendment would still include removing the exact locations
(#5a and 5b) on the 2020 Future Land Use Map as shown attached. However, we
would propose that the “Notes” on the Future Land Use map be amended as follows
instead:
NOTES #5a-5b: Future Lake Access
Increased lake access and view sheds to the Little Muskego Lake in two different areas
is promoted to bring back the lake into the community and for residents and visitors to
enjoy an original amenity that Muskego has for so long been based upon. The first area
is locate along Lannon Drive, just north of Janesville Road (5a on the map) and the
second opportunity is on the east side of the Little Muskego Lake dam (5b on the map).
The City should look to purchase parcels as funds are available, development takes
place, and/or properties go up for sale.
OPERATORS’ LIST
FOR MEETING ON 7/10/2012
Bobbie Jo Bartolotta
Melanie Blomquist
Anna D’Amato
Stephanie Diekfuss
Diane Hernitz
Kayla Kakonis
Jamie Kotnarnowski
Raeann Kuemmerlein
June Ann Loh
Tara Maney
Jayme Martin
Thomas Pajot
Kaylin Pichler
Samantha Sawdy
Valerie Sawicki
Christine Sobczyk
Melissa Sorce
Rose Stoeger
Emily Weitkunat
Diane Whitehouse
Paula Zeller
COMMON COUNCIL - CITY OF MUSKEGO Unapproved
MINUTES OF MEETING HELD JUNE 26, 2012
Mayor Chiaverotti called the meeting to order at 7:28 p.m. Present were Ald. Madden,
Schaumberg, Soltysiak, Borgman, Harenda and Wolfe, Police Chief Geiszler,
Community Development Director Muenkel and Finance and Administration Director
Mueller. Ms. Mueller stated that the meeting was properly noticed.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti proclaimed July at Recreation and Parks Month.
PUBLIC COMMENT
The following spoke:
Jerry Le Claire, W176 S7511 Harbor Circle
Heidi Lindhorst, S75 W18094 Boszhardt Lane
Suzi Link, W172 S7297 Lannon Drive
Tom Ralston, S81 W19386 Highland Park Drive
Debra Bolton, W186 S7569 Kingston Drive
Robert Lucas, W198 S8456 Bendingbrae Drive
NEW BUSINESS
Mayor Chiaverotti stated that there were four applicants to fill the unexpired term of the
District 4 alderperson. They are Reno Berg, Blaise Di Pronio, Robert Glazier and
Nancy Salentine; all were present. She distributed the interview questions and
reviewed the process that would be followed. The Mayor requested that only the
candidate being interviewed by the Council be present and the others leave the room.
A primary vote will be taken to narrow the field to two candidates. The Aldermen asked
each candidate a series of questions.
Mayor Chiaverotti thanked all four of the applicants for their interest in the position.
Paper ballots were distributed; the Mayor noted that the ballot had to be signed.
The results of the first primary ballot were as follows:
Blaise Di Pronio Voted by Ald. Wolfe
Robert Glazier Voted by Ald. Borgman, Soltysiak, Schaumberg and
Madden
Nancy Salentine Voted by Ald. Harenda
The results of the second primary ballot were as follows:
Blaise Di Pronio Voted by Ald. Wolfe
Robert Glazier Voted by Ald. Harenda, Borgman, Soltysiak, Schaumberg
and Madden
The following votes were then cast:
Blaise Di Pronio Voted by Ald. Wolfe
Robert Glazier Voted by Ald. Harenda, Borgman, Soltysiak, Schaumberg
and Madden
Sharon Mueller swore in Mr. Glazier who took his seat at the Council table.
Common Council Minutes 2
June 26, 2012
The Council took a brief recess.
PUBLIC HEARINGS
Ms. Mueller read the public hearing notice to consider revisions to Chapter 36 –
Wireless Communications Facilities – Section 36.04 (6) of the City of Muskego
Municipal Code relating to Public Safety Communications.
Police Chief Paul Geiszler was present. He stated that the City has attempted to
receive cellular 911 calls directly. Currently Waukesha County Communication Center
handles that and has been reluctant to relinquish it to the City. The City is legally
entitled to receive the calls directly. The PSC and FCC have indicated that they cannot
become involved in the issue. The City Attorney has proposed an am endment to the
City’s Municipal Code, which addresses cell tower usage. The ordinance would give
the City the right of first refusal. Chief Geiszler stated there is a time delay when the
call initially goes to Waukesha County and is then routed to Muskego. He believes this
delay is crucial in emergency situations.
No one requested to speak on this matter; the Mayor declared the hearing closed.
Ms. Mueller read the public hearing notice to consider the petition of Daniel Hewitt to
rezone property, known as Tax Key No. 2195.999 located on Janesville Road, from
RL-3 – Lakeshore Residence District to DR-1 – Downtown Revival District for continued
and future commercial and residential uses. A 2020 Comprehensive Plan amendment
will also be required for this parcel from Medium Density Residential to Commercial.
Mr. Muenkel stated the subject parcel is known as D. J.’s Pub & Grill located on
Janesville Road. The property is approximately 1.5 acres in size. It contains the pub,
which has a living unit above and two residential structures. Mr. Hewitt is requesting the
rezoning because the pub and one of the residential structures will be removed as part
of Phase 2 of the Janesville Road Reconstruction Project. The property owner does
intend to rebuild the pub and grill with residential units above it. The DR-1 zoning
district was recently approved for P & L Insurance just 300 feet west of D.J.’s. It does
encourage mixed use development. Plan Commission will review this petition at its
July 9 meeting. The future development of the property will be subject to approval of
the Plan Commission. The current commercial use has been legal nonconforming for
quite some time. In order for Mr. Hewitt to rebuild a new restaurant, a rezoning is
required as once the building is removed, the zoning in place (Single Family
Residential) is what must be followed.
Mr. Hewitt recapped Mr. Muenkel’s comments. He stated he would like to rebuild the
restaurant and that is why the rezoning is being requested.
Rick Burback, Burback Builders
Committed to working with the City to get the establishment rebuilt.
Plan is for a restaurant, which Muskego can use.
The following spoke regarding the rezoning petition:
Debra Bolton, W186 S7569 Kingston Drive
Opposes the rezoning because this is a lakeshore property and should remain
residential.
Opposes commercial use as tavern because of the issues that arise.
Opposes commercial use adjacent to residential.
Common Council Minutes 3
June 26, 2012
Heidi Lindhorst, S75 W18094 Boszhardt Lane
Does not know what future plans are.
Would like the tavern/restaurant built on Janesville Road and the residential
structure on the lakefront.
Requests the Council wait to see a plan.
Suzi Link, W172 S7297 Lannon Drive
Believes rezoning is premature. Plan Commission should review first and there
should be a plan.
The City should allow them to replace what they currently have without rezoning.
Rezoning would require an amendment to the 2020 Comp Plan.
Jerry Le Claire, W176 S7511 Harbor Circle
Does not want to see Mr. Hewitt lose his business.
Should allow current uses to be grandfathered.
Rezoning is premature; need to see plans first.
David Taube, S75 W18687 Kingston Drive
Concerned about the density allowed in the DR-1 District.
Specific development details are missing for the Council to make a decision to
rezone.
Plans should be approved by the Plan Commission first.
Concerned that incorrect decision could adversely affect the lake.
John Lemke (Representing his mother)
Several of the buildings are in violation of offsets.
Any new structure should be properly placed on lot.
Mr. Hewitt told him he did not intend to rebuild the tavern.
Jim Lindhorst, S75 W18094 Boszhardt Lane
Does not want the tavern to be relocated closer to his house.
The Mayor clarified that the Council would not be voting on th e rezoning at this meeting.
The Plan Commission will review the rezoning at its July 9 meeting. The public hearing
is held first so the Plan Commission can review the input.
Mr. Muenkel stated that he does not believe there is any provision in the Municipal
Code that would allow the existing uses to be grandfathered. He will consult with the
City Attorney to see if there would be another option. He believes it would require a
change to the zoning code.
Ald. Wolfe
The road reconstruction is causing this situation. He would like the option of
grandfathering to be looked at.
Ald. Harenda
Suggests a plan be put together, which may alleviate some of the concerns.
The Mayor noted that any questions should be directed to Mr. Muenkel. She told Mr.
Hewitt that the plan must include all the structures on the property.
Mayor Chiaverotti declared the hearing closed.
Ms. Mueller read the public hearing notice to consider revisions to the 2020
Comprehensive Plan – Chapter 8 and Future Land Use Map.
Common Council Minutes 4
June 26, 2012
Mr. Muenkel stated that the Council adopted Reso. #049-2012 in April. This resolution
formally terminated previous resolutions concerning the City pursuing the purchase of
various Little Muskego lakefront properties for future park purposes. The resolution also
directed staff to bring forth 2020 Comprehensive Plan amendments to possibly remove
the “Future Lake Access” notations from the Plan. These references consist of
removing the paragraphs in Chapter 8 found on Page 218 and the text and map
notations crossed out on the 2020 Land Use Map.
The proposed ordinance will be reviewed by the Plan Commission on July 9, which
would remove the references in totality. However, staff will recommend to the Plan
Commission that not all lake park references be removed from the Plan. Mr. Muenkel
stated doing this will preserve the intent of the 2020 Comprehensive Plan when it was
adopted.
The following spoke regarding the proposed amendments:
David Taube, S75 W18687 Kingston Drive
Requested clarification regarding the “Statement of Intent” for the DR-1 Zoning
District.
Jerry Le Claire, W176 S7511 Harbor Circle
Concerned about the staff recommendation to leave some of the lake park
references in.
Heidi Lindhorst, S75 W18094 Boszhardt Lane
Believes all the lake park references should be removed.
Debra Bolton, W186 S7569 Kingston Drive
She supports all the lake park reference being removed.
Suzi Link, W172 S7297 Lannon Drive
View sheds were discussed in the past.
Does not like that staff are undercutting direction from the Counci l.
Rob Lucas, W198 S8456 Bendingbrae Drive
There is a minority who do not want development on the lake.
The Council should consider the staff recommendation. It provides flexibility for
the future. It is common sense to only strike the specific parcels that have
requested it. A lot of effort was put into the 2020 Plan.
David Taube, S75 W18687 Kingston Drive
Strike all references.
Ald. Borgman stated his objections to holding the public hearing before the issue goes
to the Plan Commission for review and a recommendation. Mr. Muenkel stated that the
Plan Commission has requested the input from the public hearing. This process was
established before the department was under his direction.
The Mayor closed the public hearing and thanked all those that attended.
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.
The following discussion took place:
Common Council Minutes 5
June 26, 2012
Ald. Harenda asked if the wording could be changed to indicate that high density is not
being encouraged on the lake. Mr. Muenkel stated the language is a consultant’s
recommendation; there is nothing binding.
The Mayor stated this was an opinion that was asked for and paid for. She is not
comfortable making changes. Ald. Madden agreed.
Ald. Wolfe disagreed. He believes it is within the power of the Council to make
changes.
Ald. Glazier stated the City hired the consultants to obtain an opinion; it is to be used as
a guide.
Motion to adopt carried 7 in favor.
CONSENT AGENDA
Ald. Borgman moved to approve the remaining items under the Consent Agenda.
Ald. Glazier seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operators’ Licenses for Tierney Berigan, Stephanie Bluemel, David Boyce,
Brian Chic, Dawn Consentino, Kim Coubal, Gail Dickow, Mark Dumont, Alexander
Eversum, Rachael Felda, Scott Fischer, Nicole Harmeyer, JoEllyn Hecimovich,
Kathleen Heinz, Lisa Kisting, Ann Knepper (subject to a s ix-month review), Tracy Lang,
Meghan Lau, Doris Leighton, Kimberly Lococo, Erin McGowan, Sandra Meier, Kristine
Nimmer, Samantha Osborne, Debra Renk, Michael Schuh, Ericka Schulta, Patti
Schultz, Sheila Schultz, Mark Sommers, Heather Stigler, Stacy Trebby and Richard
Vernon, Jr.
Approval of Common Council Minutes – June 12 and June 21, 2012
Reso. #067-2012 – Wisconsin Department of Natural Resources NR 208 – Compliance
Maintenance Resolution for 2011
Reso. #068-2012 – Approval of Various License Applications for the City of Muskego for
the Licensing Period July 1, 2012 to June 30, 2013.
Reso. #069-2012 – Approval of Janesville Road Landscape Expenditure (Tess Corners
Area)
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 5/14/2012 Parks & Recreation Board, 5/2 2012
Public Works Committee, 5/15/2012 Community Development Authority.
FIRST READING OF ORDINANCES
Ord. #1361 – An Ordinance to Amend the Zoning Map and Comprehensive Plan of the
City of Muskego (Hewitt – RL-3 to DR-1).
Ord. #1362 – An Ordinance to Amend the 2020 Comprehensive Plan of the City of
Muskego.
Common Council Minutes 6
June 26, 2012
LICENSE APPROVAL
Ald. Soltysiak moved to approve the following:
Temporary License to Sell Fermented Malt Beverages
Muskego Lions Club – July 6 and August 3, 2012 – Jammin’ on Janesville
S75 W17475 Janesville Road – DeWinter Eye Care
Muskego Area Chamber of Commerce – July 6, 2012 –
Jammin’ on Janesville
S74 W17095 Janesville Road – North Shore Bank
Ald. Schaumberg seconded. Motion carried 7 in favor.
VOUCHER APPROVAL
Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of
$66,655.26. Ald. Harenda seconded. Motion carried 7 in favor.
Ald. Borgman moved for approval of payment of General Fund Vouchers in the
amount of $240,322.99. Ald. Harenda seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORTS
The July calendar was reviewed. The Mayor distributed the budget calendar. She also
noted that she has been consulting with the Fire Chief on a daily basis regarding a
potential burn ban. Permits for fireworks would not be included if a ban on burning is
put in place. A special Council meeting may have to be called to address fireworks.
CLOSED SESSION
The Mayor announced that the Council would convene into closed session. Ald.
Harenda 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. Borgman moved to reconvene in open session. Ald. Wolfe seconded;
motion carried.
ADJOURNMENT
Ald. Glazier moved to adjourn at 11:05 p.m. Ald. Soltysiak seconded; motion
carried.
Minutes transcribed by
Jill Blenski, CMC
Deputy Clerk
COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #071-2012
APPOINTMENT OF ALDERMAN TO THE
COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, It is the responsibility of the Mayor to appoint a representative of the
Common Council to the Library Board, Parks & Recreation Board, Community
Development Authority and Conservation Commission.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of
Muskego does hereby approve the appointment of the following alderm an to serve as
the Common Council representative:
Community Development Authority Alderman Rob Glazier
(Term to Expire 4/16/2013)
DATED THIS DAY OF , 2012.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #071-2012 which
was adopted by the Common Council of the City of Muskego.
_________________________
Clerk-Treasurer
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COMMON COUNCIL - CITY OF MUSKEGO
RESOLUTION #072-2012
AP POINTMENT OF CITIZEN MEMBER TO
COMMUNITY DEVELOPMENT AUTHORITY
WHEREAS, It is the responsibility of the Mayor to appoint citizen members to the City’s
various Boards and Commissions.
NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of
Muskego does hereby confirm the appointment of the following individual to serve as
follows:
Board or Commission Appointment Term to Expire
Community Development
Authority
Gerald Boisits
To fulfill the unexpired term of
Rob Glazier
May 1, 2015
DATED THIS DAY OF , 2012.
SPONSORED BY:
Mayor Kathy Chiaverotti
This is to certify that this is a true and accurate copy of Resolution #072-2012 which
was adopted by the Common Council of the City of Muskego.
______________________________
Clerk-Treasurer
7/12jmb
CITY OF MUSKEGO Approved 6/26/2012
FINANCE COMMITTEE MINUTES
Tuesday, May 22, 2012
Muskego City Hall
Mayor Chiaverotti called the meeting to order at 6:50 p.m. Committee Members Ald.
Borgman, Ald. Soltysiak, and Ald. Schaumberg were present as well as Finance and
Administration Director Mueller and Deputy Clerk Blenski. Those present recited the
Pledge of Allegiance. The Deputy Clerk stated that the meeting was properly noticed.
APPROVAL OF MINUTES
Ald. Borgman requested that the May 8, 2012 minutes be corrected regarding the
motion and second made for the Pioneer Drive Reconstruction Project and
moved for approval. Ald. Soltysiak seconded; motion carried.
LICENSE APPROVALS
Operators
Ald. Soltysiak moved to recommend approval of an Operator’s License for
Kathleen Allan-Larson, Katie Cunico, Michelle Doyle, William Doyle, Katrina
Slomski and Joseph Vagnini subject to the licensing requirements being
completed prior to issuance. Ald. Schaumberg seconded; motion carried.
Other Permits and Licenses
Ald. Borgman moved to recommend approval of the following:
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 and 2, July 6 and 7, 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
Temporary License to Sell Fermented Malt Beverages
Muskego Warriors Youth Baseball – June 1, July 6 and August 3, 2012
S73 W16610 Janesville Road – Jammin’ on Janesville
Ald. Schaumberg seconded; motion carried.
Recommendation Regarding Labor Attorney Assistance with Employee
Handbook Development
City Labor Attorney James Korom of von Briesen & Roper was present. He told the
committee that there are several different choices as to how to proceed with the
Finance Committee Minutes Page 2
May 22, 2012
development of the handbook. Attorney Korom stated the majority of municipalities are
having administration work with staff to draft various sections of the handbook and then
report back to the City officials. It would be appropriate for the City’s Finance
Committee to review what the administration develops and provide input. He also
indicated that there should be some templates already developed by other
municipalities and school districts. Ald. Soltysiak moved to proceed with
formulating the handbook, section by section at the administration level, with
each section to be reviewed by the Finance Committee as it is available. Ald.
Borgman seconded; motion carried.
Recommendation Regarding Designating Muskego Now as the Official City
Newspaper
Ald. Soltysiak moved to recommend designating the Muskego Now as the official
City newspaper. Ald. Borgman seconded; motion carried.
Recommendation Regarding Lease Agreement with Kristin Formolo for Idle Isle
Concessions
Kristin Formolo was present. Ald. Borgman expressed his support. The Mayor agreed
and said she hopes the endeavor is successful. Ald. Soltysiak recommended
approval of the lease agreement with Ms. Formolo for Idle Isle Concessions. Ald.
Borgman seconded; motion carried.
Recommendation Regarding Boxhorn Warehouse Lease Agreement
Ald. Borgman moved to recommend approval. Ald. Schaumberg seconded;
motion carried.
Recommendation Regarding Award of Bid – Woods Road Trail Construction
The following bids were received:
CONTRACTOR
BASE BID
Veit $430,622.75
Mainline Sewer $599,320.00
Poblocki Paving $459,581.00
C. W. Purpero $411,569.75
Payne & Dolan $404,735.25
Wolf Paving $384,628.04
Lalonde $435,282.50
Western Contractors $464,400.00
Schaefer Snowplowing $369,900.00 (Bid form was not complete.)
Ald. Borgman moved to recommend that the bid be awarded to Wolf Paving in the
amount of $384,628.04. Ald. Soltysiak seconded; motion carried.
Recommendation Regarding Amendment to Chapter 1, Section 1.06 (2)(a), of the
Municipal Code of the City of Muskego (Term of Municipal Judge)
Mayor Chiaverotti stated an amendment to the municipal code is necessary to reflect
that the term of the municipal judge is dictated by state statute, which is currently four
years. Ald. Borgman moved to recommend approval. Ald. Soltysiak seconded;
motion carried.
VOUCHER APPROVAL
Ald. Borgman moved to recommend approval of Utility Vouchers in the amount
$49,610.90. Ald. Schaumberg seconded; motion carried.
Finance Committee Minutes Page 3
May 22, 2012
Ald. Borgman moved to recommend approval of General Fund Vouchers in the
amount $490,271.10. Ald. Schaumberg seconded; motion carried.
FINANCE DIRECTOR’S REPORT
Ms. Mueller gave an update on the audit. She anticipates having 2011 annual results
and the first quarter of 2012 available by mid-June.
ADJOURNMENT
Ald. Borgman moved to adjourn the meeting at 7:15 p.m. Ald. Schaumberg
seconded; motion carried.
Jill Blenski
Deputy City Clerk
STATE OF WISCONSIN CITY OF MUSKEGO WAUKESHA COUNTY
ORDINANCE NO. 1363
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 Public 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 unacceptable; 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 JULY 10, 2012
Total Vouchers All Funds $401,665.32
Total Voucher Approval
Utility Vouchers (Approve Separately)
Water Vouchers $11,377.02
Water Wire Transfers
Total Water $11,377.02
Sewer Vouchers 11,380.68
Sewer Wire Transfers
Total Sewer $11,380.68
Net Total Utility Vouchers $ 22,757.70
#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 $372,544.62
General Fund Void Checks ()**
Total General Fund Vouchers $ 372,544.62
#3 - General Voucher Approval
Big Muskego Lake Vouchers $6,363.00
Wire transfers (Approve Separately):
Tax Settlements $
Debt Service $
Miscellaneous $
#4 - Wire Transfers Approval
Void Checks Since Last Report
Check #Amount Check #Amount
128338 255.04 Water
Total ***
Sewer
Total 255.04 *Total ***