CCM20040413
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD APRIL 13, 2004
The meeting was called to order at 7:37 PM by Mayor Slocomb. Also present were Ald.
Petfalski, Buckmaster, Madden, Patterson, Salentine and Schroeder, City Attorney
Molter, Interim Plan Director Muenkel, Engineering/Building Inspection Director
McMullen and Acting Clerk Blenski. Ald. Damaske was excused. The Clerk stated the
meeting was noticed in accordance with the open meeting law on 4/9/04. The Clerk
read the closed session notices. The Mayor noted that the Council would not convene
into closed session regarding labor agreements.
APPROVAL OF MINUTES
Schroeder moved for approval of the 3/23/2004 minutes. Salentine seconded; motion
carried.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Slocomb proclaimed April as Child Abuse and Neglect Prevention Month.
ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS
Petfalski moved for acceptance of the 4/7/2004 and 4/13/2004 Finance Committee
minutes. Schroeder seconded; motion carried.
Salentine moved for acceptance of the 3/22/2004 and 4/13/2004 Public Works
Committee minutes. Madden seconded; motion carried.
Schroeder moved for acceptance of the 4/9/2004 Public Utilities Committee minutes.
Patterson seconded; motion carried.
Patterson moved for acceptance of the 3/22/2004 Public Services Committee minutes.
Buckmaster seconded; motion carried.
Minutes of the 3/18/2004 Teen Advisory Board, 3/30/2004 Plan Commission and
3/25/2004 Community Development Authority were received.
NEW BUSINESS
Reso. #054-2004 - Recognition of Service for Jean K. Marenda. Petfalski moved for
adoption. Patterson seconded. Motion carried 6-0. Petfalski thanked Jean for her
years of dedicated service. Atty. Molter also acknowledged the pleasure of working with
Jean for over 25 years. Jean Marenda accepted the resolution presented to her and
stated that she enjoyed her employment with the City.
OLD BUSINESS
Ord. #1165 -- An Ordinance to Amend Chapter 17, Sections 8.147(12) A. and 8.147(12)
C., of the Municipal Code of the City of Muskego (BP-2 Office Park District). Second
Reading. Petfalski moved for adoption. Salentine seconded. Motion carried 6-0.
Ord. #1166 – An Ordinance to Amend Chapter 18, Sections 18.21 (5) and 18.46 (2), of
the Municipal Code of the City of Muskego (Park and Conservation Dedication Fees).
Second Reading. Petfalski moved for adoption. Salentine seconded. Petfalski moved
to defer. Schroeder seconded; motion carried.
Common Council Minutes Page 2
April 13, 2004
Ord. #1167 – An Ordinance to Amend the Zoning Map of the City of Muskego
(Moorland Road Corridor). Second Reading. Buckmaster moved for adoption.
Petfalski seconded. Mr. Muenkel stated changes have been proposed as a result of the
comments from the public hearing. They are: 1) an increase of the residential buffer
(RS-2) adjacent to the Chamberlain Hills Subdivision from approximately 600’ to 1000’;
2) an elimination of the RSA zoning with the exception of a portion that would remain at
the request of the property owner; 3) a reduction of 15 acres of the business park
zoning as a result of the increased residential. Petfalski asked how many acres of
business park zoning were proposed. Mr. Muenkel stated 140 acres of BP-3 were
originally proposed at the time of the public hearing and now 125 acres are proposed.
He also noted the RSA zoning was originally proposed to be 38 acres and could now be
reduced to 10 acres. Mr. Muenkel noted that what is proposed now is drastically
different than what was proposed in the late 1990’s because 100% of the entire area
was to be zoned industrial/business without any buffers. The percentage of BP-3
zoning proposed now only comprises 45% of the area. Petfalski expressed concern
about the residential development in the RS-1 district occurring prior to the business
park development. Can ample signage be put in place to make people aware? Mr.
Muenkel stated that the proposed development is only a concept at this time. The City
does not own the property. However, people will be made aware of what is proposed
and landscape buffers will be required. Atty. Molter also noted that once the rezoning is
in place, people will know what it is. Buckmaster complimented Mr. Muenkel for his
cooperation and the effort his department put into the various proposals. He is pleased
with the proposed amendments. Buckmaster asked if the RSA zoning could be
removed and replaced with RS-2/OPD. Mr. Muenkel stated that an OPD overlay is
generally requested by the property owner; the underlying zoning must be established
first. Buckmaster stated his concern is with platting the streets and access in the RSA
district, which will be connected to the RS-2 district. He knows the developer wants the
RSA but he is not sure if that is the appropriate reason to rezone based on the
surrounding area. Salentine noted the access for the RSA could be off of Moorland
where the existing traffic lights are located. Buckmaster stated the ability of the RSA to
serve as a transition is lost with the proposed reduction. Petfalski stated that the RSA is
appropriate. He likes the amended rezoning as submitted and he can support.
Buckmaster stated he now is concerned with the RS-2 residents and the effect the RSA
would have on them. Schroeder asked for privilege of the floor for Mr. Borchardt.
There was no objection. Mr. Borchardt stated cutting the RSA as a transition area is
wrong. What about the effect this will have on his lots? He has owned this land for over
30 years; that should be worth something. At the public hearing he requested that the
zoning line of the RSA be moved east to the property line. That is being proposed but
now the RSA has been reduced and the RS-2 increased. He is concerned with what
this will do to the value of the RS-2 area. He prefers the area proposed to be RS-2 at
the public hearing (east of Chamberlain Hills) remain. The area proposed to be RS-2
will suffer because of its proximity to the BP-3 zoning.
Buckmaster moved to amend (the proposed Amended Zoning Map) to remove the RSA
and replace with RS-2. Patterson seconded. Petfalski stated he opposed; there is no
benefit to eliminating the RSA. Madden agreed noting the RSA is needed as a
transition area and is very important.
Madden requested privilege of the floor for Michelle Engel. There were no objections.
Ms. Engel stated she owns Lot 24 in Chamberlain Hills. She stated if the RSA units
Common Council Minutes Page 3
April 13, 2004
were done aesthetically well and as condos there would be less objection to that zoning.
If condominium units, the property is more likely to be maintained. The concern of the
residents in Chamberlain Hills was that their property values could decrease if the
multifamily units were large and not well maintained. She prefers the proposed
“Amended Rezoning” because existing tree lines and the natural landscaping can be
used as buffers. Patterson stated the City cannot control that the development in the
RSA district will be condos. Mayor Slocomb stated RSA typically consists of attached
side-by-side units. Economics and market demand will determine what is developed.
He did note that landscaping and buffering would be required when the BP-3 is
developed.
Petfalski called for the question. There was no objection. The motion to amend failed 4
-2 with Madden, Schroeder, Salentine and Petfalski voting “no” and Buckmaster and
Patterson voting “yes.”
Schroeder asked Mr. Borchardt what was more beneficial to him: removing the RSA
and having the area be all RS-2 with the possibility of a conservation subdivision, or
adopting the rezoning as it is proposed to be amended (larger RS-2 area and a
reduction of the RSA)? Mr. Borchardt stated he has considered doing a conservation
subdivision but that does not help with the transition from RS-2 to BP-3. Schroeder
stated developing the property as a conservation subdivision would help with buffering.
Mr. Borchardt stated that is true for the area to the north but not to the east. That is why
he believes the RSA is needed. He prefers the zoning as proposed at the public
hearing and increasing the RSA area east to the property line. Petfalski stated the BP
zoning is not like looking at our existing Industrial Park; it is anticipated to be more like
Bishop’s Woods.
Petfalski moved to amend the ordinance to reflect the “Amended Rezoning” as shown
on the map. Madden seconded. Schroeder would like to find a middle ground for Mr.
Borchardt. Mr. Muenkel stated that an issue that has to be considered is that there is
an outlot abutting the single load road, which would have to be sold to a prospective
developer. Schroeder moved to further amend by adding RSA to the west of what is
shown as RSA on the “Amended Rezoning” map and to decrease the RS-2
(approximately one lot width). Petfalski seconded. Motion carried 4-2 with Madden,
Schroeder, Salentine and Petfalski voting “yes” and Buckmaster and Patterson voting
“no.”
Atty. Molter expressed concern about passing the ordinance without having a revised
map and legal descriptions. In addition, he further noted that if the proposed changes
are considered to be substantial, the process should begin all over again. He believes
the changes are substantial. Petfalski expressed concern that the moratorium would
expire before the rezoning would be in effect. Schroeder stated he does not believe the
changes are substantial but he does believe the map and legal description should be
before the Council and this should be deferred. He stated he would meet with Mr.
Muenkel and Mr. Borchardt regarding the proposal. Schroeder moved to defer.
Patterson seconded; motion carried. It was determined that the ordinance would come
back to the next regular Council meeting.
Common Council Minutes Page 4
April 13, 2004
Ord. #1168 – An Ordinance to Repeal and Recreate Chapter 3 of the Municipal Code of
the City of Muskego (Finance and Taxation). Second Reading. Salentine moved for
adoption. Schroeder seconded. Motion carried 6-0.
Ord. #1169 – An Ordinance to Amend Chapter 1, Section 1.10 (2) (d) and (f), Chapter 2,
Section 2.09 (1) (b) (c) (d), Chapter 8, Section 8.05 (1), and Chapter 12, Section 12.08
(6) (d), of the Municipal Code of the City of Muskego (Committees). Second Reading.
Petfalski moved for adoption. Buckmaster seconded. Motion carried 6-0. Petfalski
thanked Patterson for the years he served on the Public Services Committee.
Reso. #055-2004 - Approval of Intermunicipal Agreement Between the Town of Norway
Sanitary District No. 1 and the City of Muskego. Patterson moved for adoption.
Schroeder seconded. The Mayor noted the agreement finalizes this issue, which has
been outstanding for many years. Motion carried 6-0.
Reso. #058-2004 - Approval of Certified Survey Map - Brauch. Schroeder moved for
adoption. Petfalski seconded. Motion carried 6-0.
Petfalski moved to convene into closed session pursuant to §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 purchase of Ewald-Engel property for
conservation purposes. Schroeder seconded. Motion carried 6-0. The Clerk was not
present for closed session.
Buckmaster moved to convene into open session. Salentine seconded. Motion carried
6-0.
Reso. #056-2004 - Offer to Purchase - Ewald-Engel. Petfalski moved for adoption of
resolution approving Offer to Purchase in the amount of $871,500. Madden seconded.
Motion carried 6-0.
Reso. #057-2004 - Approval of Certified Survey Map - Radzius. Schroeder moved for
adoption. Madden seconded. Motion carried 6-0.
Reso. #059-2004 - Approval of Certified Survey Map - Current. Schroeder moved for
adoption. Madden seconded. Motion carried 6-0.
Reso. #060-2004 - Approval of Certified Survey Map - Horwath. Schroeder moved for
adoption. Madden seconded. Motion carried 6-0.
Reso. #061-2004 - Resolution to Establish Fees (Building Permit and Engineering
Review). Salentine moved for adoption. Buckmaster seconded. Motion carried 6-0.
Reso. #062-2004 - Approval of Final Plat, Subdivider’s Agreement, Stormwater
Management Plan, Retention Pond Maintenance Agreement and Letter of Credit for
Quietwood East II. Schroeder moved for adoption. Salentine seconded. Petfalski
moved to amend Page 7 of the Subdivider’s Agreement pursuant to the action of the
Finance Committee. Schroeder seconded; motion carried. Reso. #062-2004, as
amended, adopted 6-0.
Common Council Minutes Page 5
April 13, 2004
Reso. #063-2004 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit
for Northfield Green. Schroeder moved for adoption. Salentine seconded. Petfalski
moved to amend Page 7 of the Subdivider’s Agreement pursuant to the action of the
Finance Committee. Salentine seconded; motion carried. Reso. #063-2004, as
amended, adopted 6-0.
Reso. #064-2004 - Approval of Final Plat, Subdivider’s Agreement, Stormwater
Management Plan, Retention Pond Maintenance Agreement, Construction Agreement
for Bridge Improvements and Letter of Credit for Candlewood Creek Addition No. 1.
Salentine moved for adoption. Schroeder seconded. Motion carried 5 in favor and
Petfalski abstaining.
Reso. #065-2004 - Approval of Continuation of Police Liaison Officer Program.
Petfalski moved for adoption. Buckmaster seconded. Motion carried 6-0.
Reso. #066-2004 - Disallowance of Claim - Breit. Schroeder moved for adoption.
Petfalski seconded. Motion carried 6-0.
Reso. #067-2004 - Resolution to Retain Special Counsel. Salentine moved for
adoption. Schroeder seconded. Motion carried 6-0.
Ord. #1170 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code
of the City of Muskego (Building Code). First Reading. Mr. McMullen noted one
correction would have to be made at second reading under Section 30.07 (2) (a) so the
Chapter 18 reference would be 18.33 \[instead of 18.33(4)\].
LICENSES
Petfalski moved for approval of an Operator’s license for Carol Keip, Michael Pufahl,
Brian Shephard and a Temporary Operator’s license for Suzette Roushia for 5/8/2004.
Salentine seconded; motion carried.
VOUCHER APPROVAL
Petfalski moved for approval of payment of General Vouchers in the amount of
$496,511.69. Schroeder seconded. Motion carried 6-0. Schroeder moved for approval
of payment of Utility Vouchers in the amount of $289,354.96. Buckmaster seconded.
Motion carried 6-0. Petfalski moved for approval of Tax Checks in the amount of
$491,076.76. Schroeder seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The Clerk noted the Common Council Organizational Meeting was scheduled for
4/20/2004 at 7:00 PM.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Petfalski thanked his fellow Council members and wished them well as the issues that
face the City move forward. Mayor Slocomb also wished Mr. Petfalski well as he begins
his new opportunity as a member of the School Board.
Schroeder moved to convene into closed session pursuant to 19.85(1)(c) Wis. Stats.,
Considering employment, promotion, compensation or performance evaluation data of
Common Council Minutes Page 6
April 13, 2004
any public employee over which the governmental body has jurisdiction or exercises
responsibility, more specifically filling position of Clerk-Treasurer. Petfalski seconded.
Motion carried 6-0. The City Atty., Mr. Muenkel, Mr. McMullen and Clerk were
dismissed.
Petfalski moved to convene into open session. Schroeder seconded. Motion carried 6-
0.
ADJOURNMENT
Petfalski moved to adjourn at 10:39 PM. Madden seconded; motion carried.
Respectfully submitted,
Jill Blenski, CMC
Acting Clerk-Treasurer