CCM20060328
COMMON COUNCIL - CITY OF MUSKEGO Approved 04/11/2006
MINUTES OF MEETING HELD MARCH 28, 2006
The meeting was called to order at 7:43 PM by Mayor Damaske. Present were Ald.
Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City
Attorney Molter, City Administrator Sheiffer, and Clerk-Treasurer Moyer. Those present
recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed
in accordance with the open meeting law on 3/24/2006. The Mayor noted the Council
would later convene into closed session.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #045-2006 - Honoring City of Muskego Eagle Scout Nicholas Brown.
Buckmaster moved for adoption. Schroeder seconded. Motion carried 7-0.
Mayor Damaske presented the resolution to Nick who responded to questions asked by
Council members.
Mayor Damaske proclaimed March 27 - 31 “Just Drive! Week.” He also noted that he
was going to create a Historic Preservation Commission.
PUBLIC HEARING
The Clerk read the public hearing notice to consider petition of Alesci Enterprises, Inc.
to rezone property on Racine Avenue known as Tax Key No. 2241.999 from EA -
Exclusive Agricultural, SW - Shoreland Wetland, and A - Agricultural District to RS-2 -
Suburban Residence District and SW - Shoreland Wetland for the purpose of a future
land division.
The following individuals spoke against the rezoning:
Magnus Ekstrand, W183 S8894 Racine Avenue
Judy Wachowiak, W182 S9125 Parker Road
Pat Olson, W183 S8922 Racine Avenue
Sheri Hackbarth, S87 W18067 Woods Road
Diane Ekstrand, W183 S8894 Racine Avenue
Jason Hackbarth, S87 W18067 Woods Road
Ruth Bluma, W170 S6966 Southern Drive
Jeff Murawski, S83 W17543 Cedarcrest Lane
Le Roy Bluma, W170 S6966 Southern Drive
The following reasons for opposition were stated:
The City does not need more development like this
Concern with the preservation of the area and protection of wildlife
Existing traffic problems (Racine and Woods) will be exasperated
Rural atmosphere of Muskego should be maintained
Increase in population stresses schools and other municipal services
The area is not the right place for the development that is proposed
Proposal is too dense
Area is pristine and the wetlands and lakes should be preserved
Increased growth in City seems uncontrolled
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March 28, 2006
Lots need to be larger
Bob Vitt, S84 W17559 Woods Road, agreed with Ald. Buckmaster’s recommendation
that RCE zoning should be considered to retain the open space of the area.
John Maloney was present on behalf of Alesci Enterprises. He referenced a letter that
Mr. Anthony Alesci sent to all the Council members. In the letter, Mr. Alesci states
reasons why RS-2 zoning should be approved. Some of those reasons are: the City’s
Comprehensive Plan proposes RS-2 zoning for that area, the wetlands will be
preserved and will not be disturbed, additional traffic is not a factor and there will not be
a tax burden to the community.
Ald. Schroeder stated he would like to see the issue deferred for two weeks to obtain
any additional input from the developer or citizens. Ald. Buckmaster noted that the
Committee of the Whole would review portions of the Comprehensive Plan at its March
30 meeting. The Mayor declared the hearing closed.
CONSENT AGENDA
Approval of Common Council Minutes of 3/14/2006
Reso. #046-2006 - Award of Bid - 2006 Road Improvement Program
Schroeder moved to approve the Consent Agenda items engross. Salentine
seconded; motion carried.
Schroeder requested the issue of committee reports be placed on a future Committee of
the Whole agenda.
REVIEW OF COMMITTEE REPORTS
Minutes of the 2/27/2006 Public Utilities Committee, 2/22/2006 Library Board, 2/28/2006
Finance Committee, 3/7/2006 Plan Commission and 3/9/2006 Mayor’s Task Force on
Janesville Road Reconstruction were reviewed.
OLD BUSINESS
Ord. #1213 - An Ordinance to Amend the Zoning Map of the City of Muskego (Carity
Land Corporation/Belle Chasse - RS-2 to RS-3/OPD). On the floor, deferred 3/14/2006.
Buckmaster moved to defer. Patterson seconded; motion carried.
Ord. #1219 - An Ordinance to Amend the Zoning Map of the City of Muskego (Alesci
Enterprises, Inc. - SW and A to RS-2). On the floor, deferred 3/14/2006. Schroeder
moved to defer. Madden seconded; motion carried.
NEW BUSINESS
Reso. #047-2006 - Approval of Fire Protection Agreement with Tess Corners Fire
Department. Schroeder moved for adoption. Salentine seconded. Patterson
moved to amend the agreement to remove the words, “in Waukesha County”
contained in the sixth paragraph. Melcher seconded. Motion carried 5 in favor
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March 28, 2006
and Salentine and Borgman voting no. Reso. #047-2006, as amended, adopted 7-
0.
Reso. #048-2006 - Approval of Fire Protection Agreement with Muskego Volunteer Fire
Company. Schroeder moved for adoption. Salentine seconded. Schroeder
moved to amend the agreement to remove the words, “in Waukesha County”
contained in the sixth paragraph. Patterson seconded; motion carried. Reso.
#048-2006, as amended, adopted 7-0.
Reso. #049-2006 - Approval of Preliminary Plat - Oakridge Glen. Buckmaster moved
for adoption. Salentine seconded. Borgman requested to recuse himself from voting
as he has done in the past regarding this development. Motion carried 6 in favor and
Borgman abstaining.
Ord. #1221 - An Ordinance to Amend Chapter 9, Section 9.01, of the Municipal Code of
the City of Muskego (Discharge of Firearms and Guns Prohibited). First Reading. The
Council discussed proposed amendments to come forward at the time of second
reading.
Ord. #1222 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code
of the City of Muskego (Building Code). First Reading.
Ord. #1223 - An Ordinance to Repeal and Recreate Chapter 32 of the Municipal Code
of the City of Muskego (Fire Prevention Code). First Reading.
Ord. #1224 - An Ordinance to Repeal and Recreate Chapter 33 of the Municipal Code
of the City of Muskego (Business Occupancy Registration and Residential Point of Sale
Code). First Reading.
LICENSES
Melcher moved for approval of the regular operators’ licenses reviewed at the
3/28/2006 Finance Committee meeting and one renewal for 2006-2008. Schroeder
seconded. Motion carried 7-0. Licenses for the following were approved: Matthew
Fischer, Kimberly Baumann (subject to receipt of favorable police report), Cindy
Kaminski (subject to receipt of favorable police report), Kevin Dobson (subject to 3, 6, 9
and 12-month review) and a renewal for Dawn Vretenar.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$418,802.35. Schroeder seconded. Motion carried 7-0. Schroeder moved for
approval of payment of Utility Vouchers in the amount of $2,748,532.24. Salentine
seconded. Motion carried 7-0.
It was announced that the Common Council would 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 union negotiations. Melcher moved to convene into closed session.
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March 28, 2006
Borgman seconded. Motion carried 7-0. The Clerk and Atty. Molter were dismissed
at 8:55 PM.
Salentine moved to reconvene into open session. Melcher seconded. Motion
carried 7-0.
ADJOURNMENT
Melcher moved to adjourn at 9:18 PM. Borgman seconded. Motion carried 7-0.
(Minutes transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer CMC, CMTW
Clerk-Treasurer