CCM20060808
COMMON COUNCIL - CITY OF MUSKEGO Approved as
MINUTES OF MEETING HELD AUGUST 8, 2006 *Corrected 8/22/2006
The meeting was called to order at 7:30 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Buckmaster, Melcher, and Snead, City Attorney Molter, City
Administrator Sheiffer, Plan Director Muenkel 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. Ald. Madden and Schroeder were absent.
There were no communications from the Mayor and no one registered to speak under
Public Comment.
LICENSES
The agent for Pioneer Enterprises, Inc. (Marx Pioneer Inn), Mark Sobczak, was present.
Salentine moved for approval of an amendment to the licensed premise for
Pioneer Enterprises, Inc. to include the parking areas until 11:00 PM. Buckmaster
seconded; motion carried.
Salentine moved for approval of an Outside Dance Permit for Pioneer Enterprises,
Inc. (Marx Pioneer Inn) for 9/1/2006 until midnight. Melcher seconded; motion
carried.
PUBLIC HEARINGS
The Clerk read the public hearing notice to consider the petition of MLG Development to
rezone property on Thode Drive (Tax Key Numbers 2263.998 and 2263.999) from EA
Exclusive Agricultural District and A Agricultural District to RS-1 Suburban Residence
District for the purpose of a future subdivision. Said petition will also require an
amendment to the 2010 Comprehensive Plan.
Mr. Muenkel stated that the petition for rezoning is for the Heron Springs Subdivision.
The RS-1 zoning would allow parcels of 30,000 sq. ft. and 120 ft. in width once
sewered. The following are some of the items the developer wanted to note:
82 lots shown (all are 30,000 sq. feet or greater)
53 lots west of Thode Drive and 29 lots east of Thode Drive
All environmental areas were delineated
All lots have internal access, no access off of Thode Drive
40 ft. setbacks and 20 ft. offsets
Will request ditch design with limited lighting instead of curb and gutter to
preserve the rural character
Project was redesigned as a result of neighborhood meetings
Developer proposes to widen Thode Drive from subdivision entrance to Loomis
Drive
Developer proposes to make sewer/water available to properties surrounding the
development
The following individuals spoke against the rezoning:
Liz Lesher, W152 S9901 Thode Drive
Common Council Minutes Page 2
August 8, 2006
Russ Stinebaugh, W152 S9832 Thode Drive
Dean Zimmer, S98 W15052 Keeley Court
Dave Lesher, W152 S9901 Thode Drive
Bob Vitt, S84 W17559 Woods Road
The following reasons for opposition were stated:
DNR identified Big Muskego Lake as a landmark to be preserved
Unique, environmental area that should be preserved
Development will disrupt the area
Land should be developed for highest and best use
Larger lot sizes preferred
Wildlife will be displaced
Rezoning could set a precedent for more petitions to come forward that could
adversely affect the lake
Development increases the need for additional City services and school facilities
Traffic concerns
RCE zoning preferred
The following individuals also spoke:
Joe Arens, S103 W15311 Heinrich Drive, stated he initially was opposed to
development in the area. However, he knows it will eventually be developed and
believes it should now move forward.
Don Strykowski, S103 W15369 Heinrich Drive, also stated he prefers that development
not take place. He would be for it, however, if there were a financial guarantee given to
the surrounding property owners regarding the proposal to make sewer/water services
available.
Ron Ricco, W151 S10178 Thode Drive, stated the developers have contacted the
surrounding property owners from the inception of the project and have stayed in
contact with people and listened to what they had to say. The plans were changed
based on what the developers heard. He prefers the land stay rural but if there is no
guarantee that can happen, he supports this development. He questioned why the
DNR has not gotten involved regarding this proposal.
Bob Haffner, W151 S10282 Thode Drive, stated this property has been for sale for
about 12 years. If you don’t own it, you don’t control it. Big Muskego Lake needs
protection but it is there. There is a substantial buffer between the lake and the
proposed subdivision. The enticement offered by the developers is nice and he
encouraged the Council to support the rezoning.
Mary Obermann, W151 S9940 Thode Drive, stated she also is against it and for it. She
expressed concerns about the annual costs for having sewer and water service. Where
will the wildlife, such as coyotes, go when displaced by the development? She believes
there are Indian artifacts in the area.
Jack Vaughn, W152 S10327 Thode Drive, expressed concerns about traffic and safety
in the area and the additional vehicles that a new subdivision would bring. He likes the
Common Council Minutes Page 3
August 8, 2006
area the way it is now but understands that it will get developed in the future. He
prefers that a decision be made one way or another now.
The Mayor declared the hearing closed at 8:20 PM.
The Clerk read the public hearing notice to consider the petition of NFI Muskego LLC to
rezone property on Crowbar Drive and Hillendale Drive as follows:
Tax Key Numbers 2230.999, part of 2230.995, and 2229.989 from I-2 General Industrial
District to RS-1 Suburban Residence District (Consistent with 30,000 square foot lots or
greater).
Tax Key Numbers 2230.999.001, 2230.999.002, and a small portion of 2229.997 from I-
2 General Industrial District to RS-1/OWP Suburban Residence District with a Wellhead
Protection Overlay District (Consistent with 30,000 square foot lots or greater).
Tax Key Numbers 2229.998, a portion of 2229.997, 2229.996 and 2229.995.001 from
RS-1/OWP Suburban Residence District with a Wellhead Protection Overlay District to
RS-2/OPD/OWP Suburban Residence District with a Planned Development Overlay
District with a Wellhead Protection Overlay District (Consistent with 18,000 square foot
lots or greater).
Said petition will also require an amendment to the 2010 Comprehensive Plan.
Mr. Muenkel stated the rezoning has been petitioned for by NFI for the development of
the Stagecoach Trail Subdivision. The land is located between Crowbar and Hillendale,
just north of Janesville Road. The developer has petitioned for RS-1 zoning for the lots
on the Crowbar side, which would allow parcels of 30,000 sq. ft. and 120 ft. in width.
On the Hillendale side, RS-2/OPD zoning is requested. The developer is proposing lots
of 18,000 sq. ft. or larger and 120 ft. in width under the RS-2/OPD. The rezoning
petition also requires an amendment to the 2010 Comprehensive Plan for the western
portion of the development.
Mr. Muenkel outlined other details about the proposed development:
It would encompass about 146 acres, currently owned by Waste Management.
Development would be situated around the closed landfill site and no single-
family uses could take place on the old landfill.
Developer proposes larger setbacks: 40 ft. front and 20 ft. side/rear.
Minimum floor area requirements: 1,600 sq. ft. for first floor, 2,400 sq. ft. for two
story.
Extensive trail system is proposed, as well as picnic areas and an observation
platform.
Reforestation is also proposed.
The City would be granted easements for the trails, picnic areas, etc.
Mr. Muenkel noted that many items need to be accomplished before the Plan
Commission will make a recommendation.
Melcher presented some of the concerns his constituents expressed regarding the
rezoning:
Common Council Minutes Page 4
August 8, 2006
Current zoning should be left in place; area is not compatible for residential
development.
Area is more fitting to industrial zoning. Payne and Dolan is located to the west
and there is concern that residential development in this area could be affected
by smells emitted from the Payne and Dolan site.
Trees and other natural beauty would be destroyed.
The Parks & Recreation Board has not committed to maintenance of the trails.
Traffic concerns.
RS-2 zoning does not fit with the surrounding area.
Questions have been raised about water.
Methane gas continues to come from the site.
The following individuals spoke against the rezoning:
Mary Springer, S78 W21110 Twin Ponds Road
Mark Stankowski, W212 S7605 Anne’s Way
Mike Benson, S78 W20810 Hillendale Drive
Ken Bieck, S77 W20851 Twin Ponds Road
Vesta Pautz, W220 S7345 Crowbar Drive, Vernon
Herb Effinger, S75 W21675 Field Drive
Kevin Pope, W219 S7764 Crowbar Drive
Charles Liebl, W212 S7560 Anne’s Way
Warren Miller, W207 S7994 Hillendale Drive
Jeanette Brockman, W208 S8097 Hillendale Drive
Sheryl Kaefer, W219 S7436 Crowbar Drive
Bart Achtenhagen, W219 S7768 Crowbar Drive
The following reasons for opposition were stated:
No reason to change the zoning
Concern about people living on former dumpsite
Will this potential development represent what the citizens of Muskego believe is
the right way to attract new families?
Development is too dense
Safety and traffic concerns
Prefers country atmosphere and wants it to remain
Potential for lawsuits against the City if something happens in the future
Develop the property as it is zoned
Consider interests of residents, not developer or Waste Management
Area not compatible for residential zoning
Too much green space in the City is being developed
People could become sick if residential development takes place
The Mayor declared the hearing closed at 9:05 PM.
CONSENT AGENDA
Salentine moved to approve the Consent Agenda items engross. Borgman
seconded. Motion carried 5-0. The following items were approved:
Common Council Minutes Page 5
August 8, 2006
Common Council Minutes of 7/11/2006 and 7/20/2006
Reso. #147-2006 - Approval of Certified Survey Map - Anderson
Reso. #148-2006 - Approval of Certified Survey Map - Sonnentag
Reso. #151-2006 - Approval of Aerial Lift Truck Purchase
Reso. #156-2006 - Designating Public Depositories and Authorizing Withdrawal of City
of Muskego Monies
REVIEW OF COMMITTEE REPORTS
Minutes of the 6/27/2006 Finance Committee, 6/12/2006 Parks & Recreation Board,
4/24/2006 and 7/10/2006 Conservation Commission, 5/23/2006 Senior Ad-Hoc
Committee, 6/20/2006 Plan Commission, 4/20/2006 Police and Fire Commission,
6/22/2006 Committee and 6/28/2006 Library Board.
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 7/11/2006.
Buckmaster moved to defer. Salentine seconded; motion carried.
Ord. #1229 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. On the floor, deferred 7/11/2006. Mr. Muenkel reviewed the
recommendations of Ald. Schroeder and Madden for proposed changes in their districts.
He read a letter from Ald Schroeder encouraging the Aldermen to move forward with the
proposed changes for Boundary #1 as recommended at the last Committee of the
Whole meeting. The boundary would remain unchanged and the area would remain
medium density residential except for the area where the Stefaniak property was, which
would be low density residential consistent with RSE zoning. Boundary #2 (Ald.
Madden) is proposed to be changed to low density residential except that one property
on the eastern portion of the area would remain medium density residential. No
objections were expressed for either boundary area. Salentine moved to defer.
Buckmaster seconded; motion carried. Mr. Muenkel was dismissed.
Ord. #1231 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Bertram/Haita - EA to A). On the floor, deferred 7/11/2006. Motion to adopt carried
5-0.
Mayor Damaske relinquished the chair to Council President Salentine.
Reso. #145-2006 - Approval of Waiver of Conflict of Interest. On the floor, deferred
7/20/2006. Atty. Molter stated that the firm has an obligation under the attorney ethics
code to disclose a potential conflict. He does not believe there is any present conflict
and a conflict in the future is unlikely. Atty. Molter stressed the importance of the City
Clerk having independent legal counsel regarding the recall issue. This will help ensure
the public that the process is fair and impartial. Motion carried 5-0.
Reso. #146-2006 - Acceptance of Engagement Letter Submitted by Maistelman &
Associates, LLC. On the floor, deferred 7/20/2006. Salentine noted that this would not
cost anything unless the City Clerk needs to obtain legal advice. Buckmaster read a
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August 8, 2006
statement on behalf of Ald. Schroeder objecting to the hiring of special counsel.
Buckmaster moved to defer. Motion died for lack for a second. Borgman
*Melcher moved to add, “BE IT FURTHER RESOLVED That only the City Clerk is
authorized to seek legal advice from Maistelman & Associates and she shall
advise Maistelman & Associates that she will authorize any work that they do.”
Melcher *Borgman seconded; motion carried. Reso. #146-2006, as amended,
adopted 5-0.
Mayor Damaske resumed the chair.
NEW BUSINESS
Reso. #152-2006 - Approval of Certified Survey Map - Haita. Salentine moved for
adoption. Melcher seconded. Motion carried 5-0.
Reso. #153-2006 - Approval of 2006 Patrol Truck Purchase. Salentine moved for
adoption. Melcher seconded. Motion carried 5-0.
Reso. #154-2006 - Appointments to Citizen Study Committee on the Future of City
Owned Settlement Center Property. Buckmaster moved for adoption. Salentine
seconded. Borgman expressed gratitude to those willing to serve on the committee.
Salentine moved amend “Susan” Link to “Suzi” Link. Borgman seconded;
motion carried. Melcher moved to amend to add “BE IT FURTHER RESOLVED
That the Common Council of the City of Muskego does hereby establish an
alternate member position for the Citizen Study Committee on the Future of City
Owned Settlement Center Property, with such alternate member to serve as a
member only upon absence or removal of one or more of the members listed
above; and BE IT FURTHER RESOLVED That the Common Council of the City of
Muskego does hereby confirm the appointment of the following individual to
serve as the alternate member on the Citizen Study Committee on the Future of
City Owned Settlement Center Property: Daniel Miron.” Borgman seconded;
motion carried. Reso. #154-2006, as amended, adopted 5-0.
Reso. #155-2006 - Approval of Starting Salary Rate for Patrol Sergeant. Salentine
moved for adoption. Buckmaster seconded. Motion carried 5-0.
Ord. #1232 - An Ordinance to Amend Chapter 1, Section 1.05(2), of the Municipal Code
of the City of Muskego (Plan Commission). First Reading. Buckmaster noted that the
Plan Commission prefers that the Commission be made up of citizen members as the
City Engineer may not be a resident.
Ord. #1233 - An Ordinance to Amend Chapter 1, Section 1.07, of the Municipal Code of
the City of Muskego (Part Time Office). First Reading.
Ord. #1234 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010
Comprehensive Plan (MLG Development - EA and A to RS-1). First Reading.
Ord. #1235 - An Ordinance to Amend the Zoning Map of the City of Muskego and 2010
Comprehensive Plan (NFI Muskego LLC - I-2 to RS-1, I-2 to RS-1/OWP, RS-1/OWP to
RS-2/OPD/OWP). First Reading.
Common Council Minutes Page 7
August 8, 2006
LICENSES (Continued)
Salentine moved for approval of a “Class B” Liquor/Beer License for Dewey,
Cheetum and Howe, Inc. (Denoon Saloon), James Sneesby, Agent, approval of a
temporary amendment to the licensed premise for Edward Rupp (Mug-Z’s) to
include the parking lot until 11:00 PM on 8/19/2006 and approval of a temporary
amendment to the licensed premise for Marx Pioneer Inn to allow outside sales
until midnight on 9/1/2006. Borgman seconded. Motion carried 5-0.
Salentine moved for approval of regular operators’ licenses for Sukhpal Singh,
Wendy Arndt, Cynthia Piechocki, Trisha Taloff, Cassandra Zehren, Nicole
Balistreri and Jill Dietz and for approval of renewal operators’ licenses for Denise
Blumenberg, Anthony Bushberger, Brian Chic, Tammy King, Lisa Kisting, David
Markowiak, Stacey Meinen and Michael Miscikowski, Amanda Little and for
approval of a temporary operator’s license for June Loh. Borgman seconded.
Motion carried 5-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of 7/25/2006 General Vouchers in the
amount of $531,087.11 and payment of 8/8/2006 General Vouchers in the amount
of $519,205.03. Borgman seconded. Motion carried 5-0. Salentine moved for
approval of payment of 7/25/2006 Utility Vouchers in the amount of $381,552.33
and payment of 8/8/2006 Utility Vouchers in the amount of $23,431.16. Borgman
seconded. Motion carried 5-0. Salentine moved for approval of payment of
8/8/2006 Tax Checks in the amount of $4,672.83. Borgman seconded. Motion
carried 5-0.
CITY OFFICIALS’ REPORTS
Preliminary drafts of the September and October calendars were distributed to advise
the Council of the budget meeting dates.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Buckmaster commended the Public Works staff for the restoration work accomplished
at the Settlement Center. Melcher noted a Conservation Commission meeting was
scheduled for 8/14 at 7:00 PM.
ADJOURNMENT
Salentine moved to adjourn at 10:10 PM. Borgman seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer