CCM20030708
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JULY 8, 2003
The meeting was called to order at 7:57 pm by Mayor Slocomb. Also present were Ald.
Buckmaster, Damaske, Madden, Patterson, and Salentine, City Attorney Molter, Plan
Director Turk and Deputy Clerk Blenski. Ald. Petfalski and Schroeder were absent.
Those present recited the Pledge of Allegiance. The Deputy stated the meeting was
noticed in accordance with the open meeting law on 7/3/2003.
APPROVAL OF MINUTES
Salentine moved for approval of the 6/24/2003 minutes. Madden seconded; motion
carried.
ACCEPTANCE OF COMMITTEE REPORTS
Salentine moved for acceptance of the 7/2/2003 Finance Committee minutes. Madden
seconded. Salentine moved to remove paragraph regarding Muskego Community
Festival to be sent back to Committee on 7/16/2003 for further discussion. Patterson
seconded; motion carried. Motion to accept minutes without said paragraph carried.
Minutes of the 6/19/2003 Teen Advisory Board and 7/1/2003 Plan Commission were
received and placed on file.
OLD BUSINESS
Reso. #80-2003 - Offer to Purchase - Martin. On the floor, deferred 4/22/2003. Atty.
Molter noted that a technical change would be made to the offer to reflect that the City
will honor an existing lease for the agricultural use of the property in 2003. Motion to
adopt carried 5-0.
Ord. #1142 - An Ordinance to Amend Chapter 26, Section 26.02(1)(d) of the Municipal
Code of the City of Muskego (Park and Recreation Regulations - Alcoholic Beverages).
Second Reading. Buckmaster moved for adoption. Salentine seconded. Motion
carried 5-0.
Ord. #1143 - An Ordinance to Amend the Zoning Map of the City of Muskego from A- R-
3 (Schmitt/Hilldendale Drive). Second Reading. Madden moved for adoption.
Salentine seconded. Motion carried 4 in favor and Salentine voting “no.” Under
Communications and Miscellaneous Business as Authorized by Law, Buckmaster
moved for reconsideration of Ord. #1143. Salentine seconded. Buckmaster stated he
was requesting reconsideration because it was not his intent to vote in favor of the
ordinance. He does not support the R-3 zoning because it is not in compliance with the
Comprehensive Plan. Madden stated she supports the rezoning because it is a good
transition property. The Comprehensive Plan can be flexible. If not rezoned, the
property may stay stagnant. Motion to reconsider carried 4 in favor and Madden voting
“no.” Buckmaster stated the Comprehensive Plan should be used and followed. If
something in the plan needs to be changed, we should go through the process to do so.
He does not support rezoning based on a developer’s idea about what is best for
Muskego. Madden stated at the public hearing the only objections were from one
person that lived across the street and the Plan Commission. Salentine stated she
favors conservancy subdivisions; she would rather look at 10 or 11 homes vs. 20 or 21.
The developer has petitioned for the rezoning as a matter of economics. Madden
Common Council Minutes Page 2
July 8, 2003
stated she was concerned about what will happen to the property if it sits stagnant for
years. The developer may not want to develop as a conservation subdivision and may
choose to let it sit. The City does not have any one-acre lots for sale. Buckmaster
would like to see the green space retained; he puts great weight on the Comprehensive
Plan. If there is a better use for that area, the Comprehensive Plan should be reviewed
and then changed. Motion carried with Madden, Damaske and Patterson voting “yes”
and Salentine and Buckmaster voting “no.”
Ord. #1144 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-
2, RSA and RSM to RS-2/OPD, RSA/OPD and RSM/OPD. Second Reading. Damaske
moved for adoption. Salentine seconded. Motion carried 5-0.
NEW BUSINESS
Reso. #159-2003 - Proceedings by the Common Council of the City of Muskego to
Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (St.
Leonards Drive). The resolution was introduced with the Mayor noting that the public
hearing was scheduled for 8/26/2003 at 7:25 pm.
Reso. #160-2003 - Award of Bid - 2003 Road Improvement Program (Payne & Dolan -
$454,989). Salentine moved for adoption. Damaske seconded. Motion carried 5-0.
Reso. #161-2003 - Resolution as to Substantial Change to the MRED Planned
Development District, Authorize Construction of a Jetzfuel Gasoline Service Station and
Care Wash in the Redevelopment District No. 1 Project Area, and Approval of an Early
Start Agreement (O’Connor Petroleum Company). Salentine moved for adoption.
Patterson seconded. Salentine moved to defer until recommendation is received from
the Plan Commission. Patterson seconded; motion carried.
Reso. #162-2003 - Approval of Certified Survey Map - DeBack (Town of Norway).
Madden moved for adoption. Damaske seconded. Motion carried 5-0.
Reso. #163-2003 - Approval of Certified Survey Map - Sonnentag. Madden moved for
adoption. Buckmaster seconded. Motion carried 5-0.
Reso. #164-2003 - Approval of Certified Survey Map - Sonnentag. Madden moved for
adoption. Salentine seconded. Motion carried 5-0.
Reso. #165-2003 - Approval of Certified Survey Map - Quietwood East LLC. Madden
moved for adoption. Buckmaster seconded. Motion carried 5-0.
Reso. #166-2003 - Approval of Certified Survey Map - Quietwood East LLC. Madden
moved for adoption. Buckmaster seconded. Motion carried 5-0.
Reso. #167-2003 - Approval of Certified Survey Map - Lindemann-Greg LLC. Madden
moved for adoption. Buckmaster seconded. Motion carried 5-0.
Common Council Minutes Page 3
July 8, 2003
Reso. #168-2003 - Approval of Preliminary Plat - Lindale Estates. Madden moved for
adoption. Patterson seconded. Motion carried 5-0.
Reso. #169-2003 - Fourth Amended Relocation Order of the City of Muskego,
Waukesha County (Martin Drive). Salentine moved for adoption. Patterson seconded.
Motion carried 5-0.
Reso. #170-2003 - Resolution to Establish Fees (GIS Land Records Fees). Madden
moved for adoption. Damaske seconded. Motion carried 5-0.
Reso. #171-2003 - Award of Bid - Martin Drive and Janesville Road
Relocation/Reconstruction Project (Musson Brothers - $324,342.43). Salentine moved
for adoption. Madden seconded. Motion carried 5-0.
Ord. #1145 - An Ordinance to Amend Chapter 13, Section 13.01(2), 13.01(3) and
13.01(16) of the Municipal Code of the City of Muskego (Dog Fancier). First Reading.
Buckmaster asked how “adjacent” was defined and if that was different than “abutting.”
Mr. Turk responded adjacent typically includes properties across the street; abutting
does not. That is the interpretation used for zoning but his department will not
administer this.
Ord. #1146 - An Ordinance Declaring a Moratorium on Land Divisions, Rezoning
Petitions, and the Approval of Building, Site and Operation (BSO) Plans (Moorland
Road Corridor North of Janesville Road). First Reading. Buckmaster requested the
written zoning history and what the past Comprehensive Plans have reflected for the
properties to be affected by the six-month moratorium. Mr. Turk acknowledged the
request and was dismissed.
LICENSES
Salentine moved for approval of an Operator’s License for Stephen Johnson, Nathan
Keller, Lisa Leonard and Lorelei Binns. Madden seconded; motion carried.
Salentine moved for approval of a Temporary Class “B” License to Sell Fermented Malt
Beverages for the Muskego Corvette Club for 8/23/2003. Damaske seconded; motion
carried. It was noted that the licenses for the Muskego Community Festival would not
be acted on since the issue was sent back to the Finance Committee.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$276,629.45. Damaske seconded. Motion carried 5-0. Madden moved for approval of
payment of Utility Vouchers in the amount of $19,006.28. Damaske seconded. Motion
carried 5-0. Salentine moved for approval of payment of Tax Checks in the amount of
$160.60. Damaske seconded. Motion carried 5-0.
CITY OFFICIALS’ REPORTS
Nothing to report.
Common Council Minutes Page 4
July 8, 2003
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Reconsideration of Ord. #1143 - An Ordinance to Amend the Zoning Map of the City of
Muskego from A to R-3 (Schmitt/Hillendale Drive). See action noted above.
ADJOURNMENT
Madden moved to adjourn at 8:40 pm. Damaske seconded; motion carried.
(Minutes taken and transcribed by J. Blenski.)
Respectfully submitted,
Jill Blenski, CMC
Deputy Clerk