CCM20060926
COMMON COUNCIL - CITY OF MUSKEGO Approved: Oct. 10, 2006
MINUTES OF MEETING HELD SEPTEMBER 26, 2006
The meeting was called to order at 7:42 PM by Mayor Damaske. Present were Ald.
Salentine, Borgman, Buckmaster, Madden, Melcher, Schaefer 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 that the meeting was
noticed in accordance with the open meeting law. The Mayor noted that the Council
would go into closed session at the end of the meeting.
No one registered to speak under the Public Comment section.
PUBLIC HEARING
The Clerk read the public hearing notice to consider the petition of Kaestner-Kinart
Properties LLC for an amendment to the 2010 Comprehensive Plan for property on
Crowbar Drive known as Tax Key Numbers 2283.999.002 and 2283.999.001 from rural
density residential to medium density residential for the purpose of a future land
division.
Mr. Muenkel stated the proposal is for the Kinart property located on Crowbar Drive to
the west of Lake Denoon. The developer has submitted a preliminary plat consistent
with the existing zoning (RS-2). An amendment to the 2010 Comprehensive Plan would
be required. The current zoning allows parcels of 20,000 sq. ft. and 110 ft. in width
once sewer is available. The Comprehensive Plan, as amended in June of 2006, now
depicts this area to have rural density residential. However, from 2001 when the plan
was adopted until June of this year, the area in question was shown as medium density
residential consistent with the zoning. Mr. Muenkel noted that this is a case where the
existing zoning does not meet the Comprehensive Plan and would need to be
amended.
Mr. Muenkel stated the preliminary plat shows 40 lots. There is one access off of
Crowbar Drive, with stubs to the parcels to the north and south for future development.
All environmental areas are shown in an outlot. The lots would require 40 ft. setbacks
and 15/20 ft. offsets. Review of the preliminary plat by the Plan Commission will be
forthcoming. The Conservation Commission does want the out lot to be reserved or
dedicated in the future.
Ald. Schaefer stated some of the concerns that constituents expressed to her:
water clarity, wetlands, runoff, storm water and flooding, wildlife, common area along
the shoreline with 15 proposed boat slips, adequate school capacity, traffic and density.
Many people have stated a preference to stay with the existing Comprehensive Plan
and leave the area rural density residential.
Ald. Melcher noted that the Conservation Commission wants to acquire Outlot 4 through
dedication and preservation. The Commission also discussed limiting the number of
piers along Lake Denoon versus what the developer is requesting.
The following individuals spoke in opposition of the amendment:
Common Council Minutes Page 2
September 26, 2006
Cindy Thota, W198 S10865 Red Oak Ct., Vice-President of the Lake Denoon
Advancement Association. She distributed the following information to the Council to
support how the development would affect Lake Denoon and the surrounding area:
Lake Denoon Profile, Polluted Runoff, Impact of Development on Lakes, The Land Use
Tracker, Wisconsin State Threatened and Endangered Species, Water Body Detail, The
Wisconsin Natural Heritage Working List Key, Lakeshore Development. She
encouraged the Council to stay with the current land use plan. (The Clerk’s office
forwarded the documentation submitted to the Plan Department for filing.)
Harry Brodel, Jr., W216 S10921 Crowbar Drive, heir to the property just south of the
development. He stated his father’s intentions regarding the property, which have been
misrepresented:
he did not want to develop his land
he wanted to retain the rural setting
he wanted larger lot sizes
Mike Bruch, appeared on behalf of his parents who live at
S106 W20329 North Shore Drive.
Renee Cianciolo, S110 W20544 South Denoon Road, on the Board of the Lake Denoon
Advancement Association. She stated that the association agreed with the decision to
amend the 2010 Comp Plan to include the larger rural density for the good of the natural
resources. Increasing development within the lake’s watershed can negatively impact
the lake. The association would like an environmental impact study to be conducted to
see how this development or any future development will impact Lake Denoon and the
Fox River watershed.
Mike Corcoran, S106 W20623 North Shore Lane.
Bob Lloyd, S110 W20974 South Denoon Road, son-in-law of late Harry Brodel, Sr.
As a member of the Plan Commission, Mr. Brodel was a strong advocate for low density
housing especially near lakes and environmentally valuable areas. He never intended
to develop the land he owned. The value was in the land itself.
Kim Gabrhel, W198 S11027 Racine Avenue.
Vin McAvoy, S106 W20351 North Shore Drive.
Tom Christenson, S106 W20565 North Shore Lane.
Marie Schlichting, W198 S10999 Racine Avenue.
Mike Serdynsky, W200 S10799 East Shore Drive.
Susan Anthony, S110 W20438 South Denoon Road, read letter submitted
by Robert and Judy Mawdsley stating opposition.
Kyle Troeger, S110 W21050 South Denoon Road, grandson of late Harry Brodel.
Tim Duerr, W198 S11013 Racine Avenue.
Common Council Minutes Page 3
September 26, 2006
Nancy Long, S110 W20606 Denoon Road.
The following reasons for opposition or concerns were stated:
lake can only handle so much traffic and runoff
schools can only handle so much
Crowbar can only handle so much control/traffic
water patrol would have to be increased
proposed housing density will adversely affect Lake Denoon
increased pollution and harm lake’s water quality
harm to extensive wetland area, which is environmentally significant
the Comprehensive Plan was just amended by the Council
maintain low density; increased density only benefits developer
the residents of the area will have to live with the decisions that are made; the
developer will be gone
future detention pond maintenance
boat slip concerns and enforcement problems
does not want Lake Denoon to become like Pewaukee Lake
best interests of the lake should be considered
The developer, Dan Kinert, 2315 Rockway Lane, West Brookfield also appeared before
the Council. He stated there were misconceptions about the development. The
wetlands will be put into conservancy. There will not be forty boat slips. The 2010
Comprehensive Plan, adopted in 2001, depicts the land in question and the land to the
north and to the south as RS-2 with medium density development. Mr. Kinert
commented on the size of the lots. He stated that more than 60% (out of 100) of the
existing lake lots are smaller than the size he is proposing. In addition, the City and
DNR will control the runoff.
The Mayor declared the hearing closed at 8:50 PM.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda items engross. Melcher
seconded. Motion carried. The following items were approved:
Common Council Minutes of 9/12/2006
Reso. #184-2006 - Approval of Reduction in the Letter of Credit for the Nursery
REVIEW OF COMMITTEE REPORTS
Minutes of the 8/22/2006 Finance Committee, 9/5/2006 Plan Commission, 8/14/2006
Public Utilities Committee, 8/14/2006 Parks & Recreation Board and 7/20/2006
Committee of the Whole were reviewed.
OLD BUSINESS
Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term.
Second Reading. On the floor, deferred 9/12/2006. Borgman moved to defer.
Melcher seconded; motion carried.
Common Council Minutes Page 4
September 26, 2006
Reso. #172-2006 - Approval of Fourth Quarter Fire Protection Agreement with Tess
Corners Volunteer Fire Department. Possible Reconsideration. Madden moved for
reconsideration because the fire department was not afforded the ability to
discuss the proposed changes. Snead seconded. Motion failed 3-4 with Madden,
Buckmaster and Snead voting yes and Schaefer, Melcher, Salentine and Borgman
voting no.
NEW BUSINESS
Reso. #185-2006 - Determination of the Common Council to Waive Citywide Mailing of
Public Hearing Notices. Salentine moved for adoption. Borgman seconded. Mr.
Muenkel explained that the City’s municipal code allows the Council to waive the
requirement for a citywide mailing of public hearing notices regarding the proposed
changes to the Zoning Code. Adoption of this resolution would accomplish that.
Information regarding the proposed changes and the public hearing would be included
in the City’s November newsletter. Mr. Muenkel suggested the public hearing be
scheduled for the second meeting in November. Buckmaster suggested holding the
public hearing after the holidays. Borgman stated his opposition to the resolution
because he has concerns about notification to the affected property owners. Mr.
Muenkel stated that the public hearing notice would be broad and would not inform
property owners how the proposed changes could specifically affect them. Melcher
suggested signage could be used to get the message out. Atty. Molter suggested that
an adequate facility be used for the public hearing and perhaps it be held on a separate
night. Motion carried 4-3 with Madden, Schaefer, Salentine and Snead voting yes
and Melcher, Borgman and Buckmaster voting no. Mr. Muenkel was dismissed.
Ord. #1239 - An Ordinance to Amend the 2010 Comprehensive Plan (Kaestner-Kinart
Properties LLC - Fenwick Estates Subdivision). First Reading.
LICENSES
Salentine moved for approval of regular operators’ licenses for Shannon Stich,
Joan Andresek, Margarita Balsover, Katelyn Best, Jamie Savignac, Cassie
Schwartz and Karla Docter (with a 3, 6, 9 and 12-mo. review). Borgman seconded;
motion carried.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$564,950.13. Madden seconded; motion carried. Madden moved for approval of
payment of Utility Vouchers in the amount of $567,913.20. Buckmaster seconded;
motion carried. Salentine moved for approval of payment of Tax Checks in the
amount of $904.27. Borgman seconded; motion carried.
CITY OFFICIALS’ REPORT
City Administrator Sheiffer noted that Cathie Anderson will serve as the recording
secretary for the Citizen Study Committee on the Future of City Owned Settlement
Center Property. The October calendar was reviewed.
Common Council Minutes Page 5
September 26, 2006
It was announced that the Common Council would convene into closed session.
Borgman moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(c) Considering employment, promotion, compensation or performance
evaluation data of any public employee over which the governmental body has
jurisdiction or exercises responsibility, more specifically discussion regarding
compensation for interim police chief and police chief. Madden seconded.
Motion carried 7-0.
Salentine moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(c) Considering employment, promotion, compensation or performance
evaluation data of any public employee over which the governmental body has
jurisdiction or exercises responsibility and 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 concerning negotiations with
AFSCME concerning creation of full-time bookkeeper position. Schaefer
seconded. Motion carried 7-0.
The City Atty. and Clerk-Treasurer were dismissed and not present for closed session.
Melcher moved to reconvene into open session. Borgman seconded; motion
carried.
Reso. #186-2006 - Resolution to Create the Position of Full-Time Bookkeeper and
Approve the Job Description and Eliminate the Two Existing Part-Time Bookkeeper
Positions. Salentine moved for adoption. Buckmaster seconded; motion carried.
ADJOURNMENT
Schaefer moved to adjourn at 10:36 PM. Melcher seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer