CCM20060822
COMMON COUNCIL - CITY OF MUSKEGO Approved: 9/12/06
MINUTES OF MEETING HELD AUGUST 22, 2006
The meeting was called to order at 7:40 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Buckmaster, Madden, Melcher, Schroeder and Snead, City
Attorney Molter, City Administrator Sheiffer, Plan Director Muenkel and Clerk-Treasurer
Moyer. The Mayor noted that the Council would go into closed session at the end of the
meeting.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that the petitions to rezone the Burke Properties (Ord. #1227) and the
property for the Stagecoach Trail Subdivision (Ord. #1235) have been withdrawn.
Reso. #168-2006 - Recognition of Service for Sally Luell. Salentine moved for
adoption. Borgman seconded. Motion carried 7-0.
PUBLIC COMMENT
The following individuals registered to speak in opposition of the Stagecoach Trail
Subdivision: Alan Brockman, Warren Miller, Mary Springer, Jeanette Brockman.
PUBLIC HEARINGS
The Clerk read the public hearing notice to consider the petition of Towne Realty, Inc. to
rezone property on Durham Drive (known as part of Tax Key Number 2211.998 and part
of Tax Key Number 2211.997) from R-2 Country Home District to RS-2/OPD Suburban
Residence District with a Planned Development 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 property west of Durham Drive
and north of Priegel Drive. The R-2 zoning requires a minimum lot size of 60,000 sq. ft.
The proposed RS-2/OPD would allow parcels of a minimum 18,000 sq. ft. and 100 ft. in
width. The rezoning also requires an amendment to the 2010 Comprehensive Plan to
reflect a change from low density residential uses to medium density residential uses.
The developer has submitted a narrative and a concept plan which reflect the following:
49 Lots (all 18,000 sq. ft. or greater) on 47.7 acres of land - the OPD would allow
the minimum lot size to be reduced from 20,000 sq. ft.
one access off of Durham Drive and one off of Priegel Drive
all environmental areas are delineated and shown as protected in outlots at this
time
all lots accessing internally with the exception of three lots on Priegel Drive
40 ft. setbacks and 15/20 ft. offsets as per RS-2 zoning district
curb and gutter design road system
request for the open space per lot be reduced from 75% to 68%
The following individuals spoke in opposition of the rezoning:
Irene Hart, W130 S8509 Eagles Way
Brian Bashynski, W136 S8398 Holz Drive
Gary Stewart, W136 S8415 Holz Drive
Common Council Minutes Page 2
August 22, 2006
Stella Dunahee, S82 W13431 Hi View Drive
Jeremy Phillips, W140 S9127 Boxhorn Drive
Ms. Pallagi, S82 W13061 Acker Drive
Patricia Nakamura, W136 S8367 Holz Drive
Burt Duff, S81 W12895 Hi View Drive
Doug Hart, W130 S8509 Eagles Way
Dave Sorenson, S82 W12823 Acker Drive
Lynn Marek, S82 W13450 Hi View Drive
Wayne Weber, S90 W13322 Boxhorn Drive
Daniel Rehorst, W146 S7488 Durham Drive
The following reasons for opposition were stated:
preference for more open space, rural atmosphere
traffic concerns on Durham Drive which is already dangerous
enjoyment of wildlife
existing zoning should remain
objection to Towne Realty benefiting from rezoning
preservation of open space for the future
protection needed for lake and wildlife
City has Conservation Plan that took much effort to develop and the rezoning
petition is contrary to the plan and where the City wants to go
proposed lot sizes too small - not good for City or the children
smaller lots are requested so developer can make more money
area around the lake is too sensitive to increase the density
wells in area have been affected and went dry
Towne Realty had an agreement with the City, which they now do not want to
honor
how much will all this (Durham Drive reconstruction, City water and sewer service)
cost taxpayers?
Mr. Jim Doering of Towne Realty was also present. He addressed the agreement with
the City for a conservation easement on land on the west side of Durham Drive. Towne
Realty purchased the property and continues to negotiate with the DNR in good faith to
honor the agreement. However, the value of the property is the key issue. The
predevelopment agreement and conservation easement are all recorded public
documents, which Towne will be happy to disclose. Towne has no intention of pursuing
development of the conservation easement land (49 acres). That is not the land being
discussed this evening. Mr. Doering noted that the proposed density for the area to be
rezoned is roughly one lot per acre. The reconstruction of Durham Drive is a City
project and is a budgetary issue. Towne will give up the dedicated right-of-way area
that the City deems necessary for the project. In addition, with the development of Big
Muskego Estates, Towne Realty dedicated Outlot 1 to the City for a future well site; this
also is a City project. All development being proposed by Towne will have City water
service. Mr. Doering stated Towne believes that the zoning being requested is
appropriate.
The Mayor declared the hearing closed at 8:37 PM.
The Clerk read the public hearing notice to consider the petition of Woodland Creek,
LLC to grant an amendment to the approved RS-2/OPD zoning for the properties known
Common Council Minutes Page 3
August 22, 2006
as Woodland Creek Estates and Woodland Creek Estates Addition #1. The current
planned development zoning does not allow for reduced open spaces for individual lots
and the petitioner wishes to reduce the open spaces allowed per individual lot to
accommodate future dwelling units.
Mr. Muenkel stated that the Woodland Creek Estates subdivision was approved as a
planned development to allow a reduction in lot sizes. The developer would now like to
reduce the open space per lot from 75% to 68% to accommodate larger driveways and
encourage side entry garages. The City does not find that this will have any negative
impact on the current storm water arrangements.
The following individuals spoke in opposition of the amendment:
Stella Dunahee, S82 W13431 Hi View Drive, stated she opposes because we need our
open, green space.
Bob Zielinski, W194 S9689 Racine Avenue, stated he opposes.
Lyle Fickau, S93 W19060 Henneberry Drive, stated he also opposes. The developer
was already granted a higher density. There are many design options available and
finding homes to fit on these lots should not be a problem.
Mr. Jim Doering of Towne Realty reiterated the proposed amendment to reduce the
open space per lot size to 68%.
The Mayor declared the hearing closed at 8:45 PM.
CONSENT AGENDA
Salentine moved to approve the Consent Agenda items engross. Buckmaster
seconded. Motion carried 7-0. The following items were approved:
Common Council Minutes of 8/8/2006 with correction noted by Melcher on Reso. #146-
2006. The motion to amend Reso. #146-2006 was corrected to reflect that Melcher
moved and Borgman seconded.
Reso. #149-2006 - Approval of Certified Survey Map - Dovic/James.
Reso. #150-2006 - Approval of Certified Survey Map - Dovic/James.
Reso. #157-2006 - Approval of Preliminary Plat for Creekside Estates in the Town of
Vernon.
Reso. #158-2006 - Resolution of Eligibility for Exemption from the County Library Tax
Levy for 2007.
Reso. #159-2006 - Establish Traffic Regulations (Yield Sign - Sherwood Circle and
Saroyan Road).
Reso. #160-2006 - Authorizing Street Name Change (Schmeling Court to Nursery
Court).
Reso. #161-2006 - Resolution to Accept Report from the Public Works Committee for
Public Improvements to the Settlement Center.
Common Council Minutes Page 4
August 22, 2006
Reso. #162-2006 - Approval of Release from Developer’s Deposit - Prairie Meadows
Subdivision.
REVIEW OF COMMITTEE REPORTS
Minutes of the 7/10/2006 Parks and Recreation Board, 8/1/2006 Conservation
Commission, 7/18/2006 Plan Commission, 6/19/2006 Public Works Committee and
6/26/2006 Public Utilities Committee. Under the Public Works Committee minutes,
Buckmaster explained the placement of speed bumps on Pasadena Drive. The Council
took a short recess.
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 8/8/2006.
It was noted that the petition to rezone has been withdrawn; no vote should be taken
pursuant to the City Attorney.
Ord. #1229 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. On the floor, deferred 8/8/2006. Mr. Muenkel stated that the Council
adopted Ordinance #1229-A and Ordinance #1229-B. The City can now move forward
with Ordinance #1229-C and Ordinance #1229-D.
Ord. #1229-C - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. Schroeder moved to amend Ord. #1229 to reflect Ord. #1229-C.
Salentine seconded. Motion carried 7-0.
Ord. #1229-D - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. Salentine moved to amend Ord. #1229 to reflect Ord. #1229-D. Madden
seconded. Motion carried 7-0.
Ord. #1232 - An Ordinance to Amend Chapter 1, Section 1.05(2), of the Municipal Code
of the City of Muskego (Plan Commission). Second Reading. Schroeder moved for
adoption. Salentine seconded. Schroeder moved to amend to add “or two”
following the word “one” in the first sentence of Section 1.05 (2). Salentine
seconded; motion carried. Ord. #1232, as amended, adopted 7-0.
Ord. #1233 - An Ordinance to Amend Chapter 1, Section 1.07, of the Municipal Code of
the City of Muskego (Part Time Office-Mayor). Second Reading. Salentine moved for
adoption. Schroeder seconded. Motion carried 7-0. Mr. Muenkel left the meeting.
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). Second Reading.
Salentine moved for adoption. Buckmaster seconded. Buckmaster noted that the
Plan Commission sent a negative recommendation to the Council regarding this
rezoning request. He stated that the petition is contrary to the Comprehensive Plan and
preserving the rural characteristics of the area. The Committee of the Whole reviewed
the Comprehensive Plan to determine if any changes should be considered for this
area. The Committee reaffirmed what the existing plan depicts for this area.
Simultaneously, a request to change the zoning to allow a far greater density was
submitted. This is a clear example of developers not doing their homework. He will
Common Council Minutes Page 5
August 22, 2006
vote to deny for these reasons. Madden agreed with Buckmaster noting that the
Council has said all along that the area of the City needs to remain open and rural. The
majority of the people in the area were absolutely opposed. Once development in the
area begins, it will spider out and keep going. Schroeder stated he would also vote no
because of the recommendation of the Plan Commission. Melcher stated that the
Conservation Commission also expressed concerns regarding the preservation of the
lake area. He will also vote no because of the comments made at the public hearing.
Salentine stated she will vote no because the request does not follow the Comp Plan.
She also believes conservation is very important and supports the recommendation of
the Plan Commission and the aldermen of the districts. Borgman will vote no because
the proposal provides too much density near the lake. Snead will vote no for all the
previously stated reasons and the fact that we need to keep our open space. Motion
defeated 0-7.
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). Second Reading. It was noted that the petition to rezone has been
withdrawn.
NEW BUSINESS
Reso. #163-2006 - Approval of Subdivider’s Agreement - Dovic/James. Buckmaster
moved for adoption. Salentine seconded. Motion carried 7-0.
Reso. #164-2006 - Preliminary Resolution Declaring Intent to Exercise Special
Assessment Police Powers Under §66.0703 WI Statutes as to Water Improvement
Assessment Area for the Lake Lore/Tudor Oaks Well House Demolition. Salentine
moved for adoption. Madden seconded. Motion carried 7-0.
Reso. #165-2006 - Authorize Entering into Professional Services Agreement with Tri-
Data, A Division of System Planning Corporation for an Assessment of the City of
Muskego’s Provision of Fire/Rescue Service for Meeting Present and Future Needs of
the Community - Development of a Master Plan for Provision of Fire/Rescue Service.
Salentine moved for adoption. Madden seconded. Melcher noted one reservation is
that the consultants are based in West Virginia. The City has experienced problems
using out-of-state consultants in the past. He also expressed concern about the
process to collect the necessary data; the public should be involved. He still does not
know the term of the Master Plan and would like to know the equipment needs for the
next five years. Melcher does not see that in the Agreement. City Administrator
Sheiffer responded to Melcher’s comments. She noted that the public would have
representation throughout the process. It is the intention to have the project completed
within six months. Schroeder agreed that citizen input was important. Buckmaster
wants to make sure that no matter what the outcome, the equipment that each
department has become interchangeable. Melcher stated “buy in” of the people
involved is important. Buckmaster wants the Council to be able to have involvement at
the very beginning of the process. He would like a specific chart of what Tri-Data will be
doing and when for him to follow. Melcher would have liked the consultant to be
present to respond to questions. Salentine stated this should not be held up. We have
to respect the opinions of the people that sat on the committee. The company has
references. City Administrator Sheiffer noted that the City did not request that the
consultant be present this evening. Salentine called for the question. Motion carried
Common Council Minutes Page 6
August 22, 2006
5-2 with Madden, Schroeder, Salentine, Borgman and Snead voting yes and
Melcher and Buckmaster voting no. Reso. #165-2006 adopted 5-2 with Madden,
Schroeder, Salentine, Borgman and Snead voting yes and Melcher and
Buckmaster voting no.
Reso. #166-2006 - Appointment of Citizen Member to the Plan Commission (James
Burke). Salentine moved for adoption. Madden seconded. Motion carried 7-0.
Reso. #167-2006 - Appointment of Citizen Member to the Library Board (Sylvia Gould).
Salentine moved for adoption. Borgman seconded. Motion carried 7-0.
Ord. #1236 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne
Realty, Inc. - R-2 to RS-2/OPD). First Reading.
Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term. First
Reading.
Ord. #1238 - An Ordinance to Grant an OPD Planned Development Amendment to the
Approved RS-2/OPD Zoning for Woodland Creek Estates and Woodland Creek Estates
Addition #1. First Reading.
LICENSES
Salentine moved for approval of regular operators’ licenses for Carolyn White,
Laura Sneesby, Nicholas Sneesby, Shawna Haidinger, Carla Patzke and Jill
Hebert, Kimberly Stengel, Kelly Heinrich, Ashley Mellock and David Boehm and
for approval of renewal operator’s license for Jill Henneberry. Borgman
seconded. Motion carried 7-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$562,316.10. Madden seconded. Motion carried 7-0. Madden moved for approval
of payment of Utility Vouchers in the amount of $198,782.84. Buckmaster
seconded. Motion carried 7-0. Salentine moved for approval of payment of Tax
Checks in the amount of $2,906,444.95. Melcher seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The September calendar was reviewed. The 9/14/2006 Committee of the Whole
meeting will begin at 6:00 PM.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Schroeder provided a few comments as the outgoing representative for District 6.
It was announced that the Common Council would convene into closed session.
Buckmaster moved to 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 update on labor contracts for AFSCME employees. Salentine
Common Council Minutes Page 7
August 22, 2006
seconded. Motion carried 7-0. The City Atty. and Clerk-Treasurer were not present
for closed session.
Salentine moved to reconvene into open session. Borgman seconded; motion carried.
ADJOURNMENT
Melcher moved to adjourn at 10:35 PM. Borgman seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer