CCM20060411
COMMON COUNCIL - CITY OF MUSKEGO Approved: 04/25/06
MINUTES OF MEETING HELD APRIL 11, 2006
The meeting was called to order at 7:35 PM by Mayor Damaske. Present were Ald.
Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City
Attorney Molter, City Administrator Sheiffer, Engineering/Building Inspection Director
McMullen, Associate Planner Trzebiatowski, 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 4/7/2006 and amended on
4/10/2006. The Mayor noted the Council would later convene into closed session.
PUBLIC HEARING
The Clerk read the public hearing notice to consider petition to amend Section 17:9.08
(7) C. 4. of the Zoning Code of the City of Muskego pertaining to the multifamily use of
an existing structure within the OLR overlay district and to consider petition to rezone
certain properties that have a Lake Recreation Overlay (OLR) by removing the overlay
from the parcels.
Mr. Trzebiatowski stated the first purpose for the public hearing is to consider removal
of “multifamily use of an existing structure” as a permitted use by conditional use grant
in the OLR zoning district. The second purpose is to consider the removal of the OLR
district from parcels that do not need it for their current land uses. Out of a total of 24
parcels that have the Lake Recreation Overlay on them, 16 would be affected if the
ordinance were adopted to remove the OLR district from those parcels. The Plan
Commission has recommended removal of the language in Chapter 17 and removal of
the OLR zoning district from 16 parcels.
The following spoke in favor of the proposed changes:
Thomas Kies, S79 W16099 Bay Lane Place.
Tom Sowinski, S79 W15907 Aud Mar Drive. He supports as long as it is uniformly
done.
Wendy Sleight, W156 S7984 Audrey Court.
Dave Leikam, S79 W16389 Woods Road. He does not want to see condos next to him.
The following spoke against the proposed changes:
Steven Oschmann, S79 W15851 Aud Mar Drive. He is in the process of getting plans
together for his property to submit to the Plan Commission.
Scott Lewitzke, S79 W15949 Aud Mar Drive, stated he was in favor of leaving the OLR
the way it is. When he purchased his property, the OLR use was part of the sale.
Lynn Kurer, Durham Drive, did not speak for or against. She asked various questions
about her property located on Durham. Mr. Trzebiatowski clarified that the proposed
ordinance would not remove the OLR from any property that is currently using it and
has an operating business. If adopted, the ordinance would eliminate multifamily use of
an existing structure in the OLR zoning district. The OLR would be removed from
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April 11, 2006
single-family parcels and those properties would not be allowed any of the permitted
uses that can now be pursued under the OLR zoning district.
The Mayor declared the hearing closed at 7:55 PM.
The Clerk read the public hearing notice to consider the levying of special assessments
for McShane Drive from Durham Drive to Fairchild Drive Water Improvement Project
MW-33-05.
Mr. McMullen reviewed the project costs. The total estimated assessable project costs
are $360,896.64. The property owners will be assessed for the project on a per unit
basis with each unit cost being $1,686.44.
Mike Reitz, W132 S7547 Cheviot Road, stated he was in favor of obtaining municipal
water service.
Joseph Heil, S76 W13468 Fairfield Ct., stated he is the current president of the Lake
Lore Homeowners’ Association. On behalf of the association, he expressed support for
the project.
Mr. McMullen noted there were 13 existing properties on McShane Road that would not
be assessed.
The Mayor declared the hearing closed at 8:00 PM. Mr. Trzebiatowski was dismissed.
CONSENT AGENDA
Approval of Common Council Minutes of 3/28/2006
Reso. #050-2006 - Designating Public Depositories and Authorizing Withdrawal of City
of Muskego Monies.
Reso. #051-2006 - Acceptance of Improvements - Nature Estates.
Buckmaster moved to approve the Consent Agenda items engross. Salentine
seconded; motion carried.
REVIEW OF COMMITTEE REPORTS
Minutes of the 3/14/2006 Finance Committee, 3/21/2006 Plan Commission and
2/23/2006 were reviewed.
NEW BUSINESS
Reso. #052-2006 - Resolution to Hire Special Environmental Counsel (Onyx Emerald
Park Landfill Expansion). Salentine moved for adoption. Madden seconded.
Mr. McMullen stated that Atty. Art Harrington of Godfrey and Kahn will be used only for
a contested case or any other environmental legal actions associated with this issue.
The blended hourly rate is $280. Motion carried 7-0.
Reso. #053-2006 - A Resolution to Waive Renegotiation of Existing Agreements
Affecting the Onyx Emerald Park Landfill and the Onyx Emerald Park Landfill Western
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April 11, 2006
Horizontal Expansion. Salentine moved for adoption. Patterson seconded. Motion
carried 7-0.
Mr. McMullen stated that Atty. Carlton could not be present for the closed session
regarding Carity. It will be scheduled for April 25. Mr. McMullen was dismissed.
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 3/28/2006.
Buckmaster moved to defer. Schroeder 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 3/28/2006. Schroeder
moved to amend to include that the property was being rezoned from “EA” (as
well as SW and A) to “SW” (and RS-2). Madden seconded; motion carried. Atty.
Molter stated that the rezoning petition has been withdrawn. The amendment was
made to correct the present and proposed zoning. No further action needs to be taken.
Buckmaster stated that the Plan Commission acknowledged that the rezoning petition
was withdrawn without prejudice regarding any future submittal.
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). Second Reading.
Buckmaster moved for adoption. Schroeder seconded. Buckmaster and
Schroeder stated that they have unresolved issues with the proposal. Salentine
suggested tying the permit to a required minimum acreage. Borgman stated Chief
Johnson brought the proposed ordinance forward and he is the one that has to enforce
it. Madden said people are already doing this illegally. It would be better for the City to
know who is doing it and allow it to be done legally. Salentine moved to defer the
item back to the Public Works Committee. Madden seconded; motion carried.
Ord. #1222 - An Ordinance to Repeal and Recreate Chapter 30 of the Municipal Code
of the City of Muskego (Building Code). Second Reading. Salentine moved for
adoption. Buckmaster seconded. Motion carried 7-0.
Ord. #1223 - An Ordinance to Repeal and Recreate Chapter 32 of the Municipal Code
of the City of Muskego (Fire Prevention Code). Second Reading. Buckmaster moved
for adoption. Salentine seconded. Motion carried 7-0. Mayor Damaske stated he
would research the fee charged for fire inspections and how the money from the fee is
disbursed.
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). Second Reading. Buckmaster moved for adoption. Borgman seconded.
Motion carried 7-0.
NEW BUSINESS (Continued)
Reso. #054-2006 - Resolution to Authorize the Illumination of the Outdoor Recreational
Facilities at the Muskego High School Athletic Fields (American Cancer Society Relay
for Life). Salentine moved for adoption. Borgman seconded. Schroeder stated the
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April 11, 2006
lighting is not as much of an issue as the sound system. A representative for the event
was present and indicated that speakers will not be used after 11:00 PM. Schroeder
stated the people to be concerned with the most are to the north. Motion carried 7-0.
Ord. #1225 - An Ordinance to Amend Chapter 17, Section 9.08 (7) C. 4., of the
Municipal Code of the City of Muskego (OLR Lake Recreation District - Permitted Use
by Conditional Grant). First Reading.
Ord. #1226 - An Ordinance to Amend the Zoning Map of the City of Muskego (To
Remove the OLR Zoning Classification from Certain Properties). First Reading.
LICENSES
Melcher moved for approval of a change of agent for Ultra Mart Foods, Inc. (Mark
Waraksa) and a regular operator’s licenses for Christine Demshar as
recommended by the 4/11/2006 Finance Committee. Schroeder seconded.
Motion carried 7-0.
Melcher moved for approval of an amendment to the licensed premises for
Pioneer Enterprises, Inc. (Marx Pioneer Inn) to include a deck. Madden seconded.
Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$895,975.66. Schroeder seconded. Motion carried 7-0. Schroeder moved for
approval of payment of Utility Vouchers in the amount of $35,542.88. Buckmaster
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. Borgman moved to convene into closed session.
Melcher seconded. Motion carried 7-0. The Clerk and Atty. Molter were dismissed.
Buckmaster moved to reconvene into open session. Salentine seconded. Motion
carried 7-0.
ADJOURNMENT
Melcher moved to adjourn at 9:04 PM. Buckmaster seconded. Motion carried 7-0.
(Minutes transcribed by J. Blenski.)
Respectfully submitted,
Janice Moyer CMC, CMTW
Clerk-Treasurer