CCM20060523
COMMON COUNCIL - CITY OF MUSKEGO Approved: June 13, 2006
MINUTES OF MEETING HELD MAY 23, 2006
The meeting was called to order at 7:30 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Buckmaster, Madden, Melcher, Schroeder and Snead, City
Attorney Molter, City Administrator Sheiffer, Engineering/Building Inspection Director
McMullen, Plan Director Muenkel, Finance Department Supervisor Mueller and Clerk-
Treasurer Moyer. Those present recited the Pledge of Allegiance. The Clerk stated the
meeting was noticed in accordance with the open meeting law on 5/19/2006.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Clerk read a Certificate of Appreciation for Howard Schneider acknowledging his
years of service as a member of the Parks and Recreation Board.
Mayor Damaske reported on a meeting he attended in New Berlin regarding the Mill
Valley Development (Valley Sand and Gravel site) along Racine Avenue. A realignment
of Tans Drive and signaled intersection at Tans and Racine may be needed if the
development proceeds.
Mayor Damaske noted that Senate Bill 681 regarding impact fees is being considered
by the state legislature and encouraged the aldermen to respond.
PUBLIC HEARING
The Clerk read the public hearing notice to consider a proposed amendment to the
sanitary sewer service area for the City of Muskego.
Mr. McMullen presented information on the proposed amendment to include certain
lands within the sewer service area. No rezoning issues will be addressed with this
proposed amendment.
Mr. Tim McCauley of the Southeastern Wisconsin Regional Planning Commission was
present. He identified the three areas that would be added:
A. - 38 acres 10 acres - wetland/floodplain
28 acres - farmland proposed for single-family development
B. - 115 acres 8 acres - wetlands/upland woods
8 acres - roads
99 acres - farmland proposed for single-family development
C. - 54 acres 21 acres - wetland/floodplain
33 acres - farmland proposed for single-family development
Mr. McCauley stated that the proposed amendment would be evaluated based on
population of the area, treatment plant capacity, and environmental lands such as
wetlands.
Ald. Schroeder stated that these areas are proposed to be added to the service area
because a developer has approached the City to do so. Mr. McMullen noted that the
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May 23, 2006
amendment will not affect MMSD capital charges to the City until connections are made
and the area is developed.
No one requested to speak regarding this issue and the Mayor declared the hearing
closed.
The Clerk read the public hearing notice to consider petition of John Lang to rezone
property on Parker Road from EA/OD Exclusive Agriculture District with a Duplex
Overlay to A/OD Agricultural District with a Duplex Overlay and to rezone the remaining
area of the parcel from EA/OD to A for the purpose of a future land division.
Mr. Muenkel stated that the affected parcel is located on Parker Drive. The current
zoning is EA/OD. The duplex overlay is in place because the existing house on the
property is a two-family. The property owner proposes a land division to place the
existing house on a separate lot. Plan staff is proposing to rezone the entire parcel to A
(Agricultural) and to allow the duplex structure by Conditional Use Grant if approved by
the Plan Commission.
No one requested to speak regarding this issue and the Mayor declared the hearing
closed.
CONSENT AGENDA
Buckmaster moved to approve the Consent Agenda items engross with the
exception of Reso. #119-2006. Salentine seconded; motion carried. The following
items were approved:
Common Council Minutes of 5/9/2006
Reso. #103-2006 - Hiring of Special Prosecutor.
Reso. #104-2006 - Approval of Certified Survey Map - City of Muskego.
Reso. #105-2006 - Accepting Muskego Sun as the Official Newspaper of the City of
Muskego.
Reso. #106-2006 - Approval of Agreement for Access and Groundwater Monitoring
between the City of Muskego and Jill’s Dry Cleaners.
Reso. #107-2006 - Approval of Muskego Police Department Telecommunication Center
Upgrade.
Reso. #108-2006 - Approval of Various License Applications for the City of Muskego for
the Licensing Period July 1, 2006 to June 30, 2007.
Reso. #109-2006 - Award of Bid - Janesville Road Utility Relocation Project.
NEW BUSINESS
Reso. #119-2006 - Reapproval of Final Plat - Crystal Lake Subdivision. Schroeder
moved for adoption. Buckmaster seconded; motion carried.
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May 23, 2006
REVIEW OF COMMITTEE REPORTS
Minutes of the 4/25/2006 Finance Committee, 5/2/2006 Plan Commission, 4/17/2006
Public Works, 4/17/2006 Public Utilities and 4/10/2006 Parks and Recreation Board
were reviewed.
OLD BUSINESS
Ord. #1227 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke
Properties RCE/OPD and A to RSE/OPD and A to A). On the floor, deferred 5/9/2006.
Buckmaster moved to defer. Schroeder seconded; motion carried.
Ord. #1228 - An Ordinance to Amend Chapter 9, Section 9.23, of the Municipal Code of
the City of Muskego (Disposal of Abandoned Property). Second Reading. Schroeder
moved for adoption. Salentine seconded. Motion carried 7-0.
Ord. #1229 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. Second Reading. Salentine moved for adoption. Buckmaster seconded.
Salentine moved to defer. Melcher seconded; motion carried.
NEW BUSINESS (Continued)
Representatives of Hutchinson, Shockey, Erley & Co. were present for Reso. #110-
2006.
Reso. #110-2006 - Resolution Authorizing the Issuance and Sale of Approximately
$5,160,000 General Obligation Refunding Bonds. Sharon Mueller summarized that this
was an advance refunding of the 1997 $6,125,000 General Obligation Bond. The City
will realize a 3.1% net present value benefit or a $160,000 savings. Ms. Mueller noted
that with the rising interest rates, the City may not have an opportunity such as this in
the future. Salentine moved for adoption. Madden seconded. Motion carried 7-0.
Reso. #111-2006 - A Resolution Amending the 2005 Budget of the City of Muskego.
Salentine moved for adoption. Borgman seconded. Motion carried 7-0.
Reso. #112-2006 - A Resolution Amending the 2006 Budget of the City of Muskego.
Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Ms.
Mueller was dismissed.
Mr. Phil Cosson of Ehlers was present for Reso. #113-2006 and Reso. #114-2006.
Reso. #113-2006 - Approval of TID Strategy and Incentives for Parkland View
Development Located Along Janesville Road (Part of Current Tax Key Number MSKC
2198.991). Borgman moved for adoption. Salentine seconded. Discussion took
place on whether the proceeds from the sale should go back to TID No. 8
Redevelopment Area #2 or whether the Community Development Authority should
determine how the proceeds would be used. Motion carried 6 in favor and
Schroeder voting no.
Reso. #114-2006 - Property Sale to the Community Development Authority (Part of
Current Tax Key Number MSKC 2198.991). Salentine moved for adoption.
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Borgman seconded. Buckmaster moved to add “within TID #8” to the last
sentence in paragraph nine. Madden seconded. Motion failed 3-4 with Madden,
Buckmaster and Snead voting yes, and Schroeder, Melcher, Salentine and
Borgman voting no. Reso. #114-2006 adopted 5-2 with Madden, Melcher,
Salentine, Borgman and Snead voting yes and Schroeder and Buckmaster voting
no. Mr. Muenkel was dismissed.
Reso. #115-2006 - Final Resolution Authorizing Installation of Water Main
Improvements and Levying of Special Assessments for McShane Drive from Durham
Drive to Fairfield Drive Water Project - Project MW-33-06). Schroeder moved for
adoption. Salentine seconded. Motion carried 7-0.
Reso. #116-2006 - Approval of Agreement to Assume Certain Assets and Liabilities of
Lake Lore Water Trust and to Incorporate Said Water System into a Municipal System.
Salentine moved for adoption. Borgman seconded. Motion carried 7-0.
Reso. #117-2006 - Resolution to Adopt a Muskego Sanitary Sewer Service Area
Amendment. Salentine moved for adoption. Madden seconded. Motion carried 6
in favor and Schroeder voting no.
Reso. #118-2006 - Recommendation to Waukesha County for the Janesville Road
Reconstruction Project in the City of Muskego. Salentine moved for adoption.
Borgman seconded. Ald. Schroeder noted for the record that the resolution for the
Janesville Road project represented the City’s desire for specific physical
improvements, which is not the same as a financial commitment to all physical
improvements noted in the resolution. To provide all noted physical improvements may
not be financially feasible when the time comes. Motion carried 7-0. Mr. McMullen
was dismissed.
Ord. #1230 - An Ordinance to Amend the Zoning Map of the City of Muskego (Lang -
EA/OD to A). First Reading.
LICENSES
Salentine moved for approval of the renewal of operators’ licenses for Robert
Hinners, Thomas Kotnik, Mark Rausch, Kevin Sheridan and Mark Sprott as
recommended by the 5/23/2006 Finance Committee. Madden seconded. Motion
carried 7-0.
Salentine moved to approve the following: Change of agent for PH Green Bay,
LLC (Pizza Hut) to Russell Thomas, Temporary Class “B” License for the
Muskego Lions Club for September 16, 2006, Temporary Class “B”/“Class B”
License for the Muskego Vol. Fire Co. Ladies Auxiliary for July 28, 2006, Special
Outside Dance Permit for Lynway, Inc. (Bushy’s) for July 21, 22 and 23 and
Special Outside Dance Permit for Loreen Klauser (Hunter’s Nest) for August 13
and 20, 2006. Madden seconded. Motion carried 7-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$486,898.17. Madden seconded. Motion carried 7-0. Madden moved for approval
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May 23, 2006
of payment of Utility Vouchers in the amount of $184,494.01. Salentine seconded.
Motion carried 7-0. Salentine moved for approval of payment of Tax Checks in
the amount of $2,039,281. Madden seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The June calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Buckmaster stated that the Public Works Committee would now be reviewing any
matters related to the Historical Society. Ald. Borgman commented that at the last
meeting an ad hoc committee was to be formed for reviewing Historical Society matters.
ADJOURNMENT
Buckmaster moved to adjourn at 9:33 PM. Salentine seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer