CCM20061114
COMMON COUNCIL - CITY OF MUSKEGO Approved: 11/28/2006
MINUTES OF MEETING HELD NOVEMBER 14, 2006
The meeting was called to order at 7:35 PM by Mayor Johnson. Present were Ald.
Borgman, Buckmaster, Madden, Melcher, Salentine, and Schaefer, City Attorney
Larson, City Administrator Sheiffer, Finance Department Supervisor Mueller, Associate
Planner Trzebiatowski and Clerk-Treasurer Moyer. Ald. Snead was absent. Those
present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed
in accordance with the open meeting law on 11/10/2006.
Judge Robert Mawdsley administered the oath of office to John Johnson, who had been
sworn in by Clerk-Treasurer Moyer earlier in the day.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor thanked Charles Damaske for his service as mayor. He also thanked the
electors and stated that he will work with the Council to move the City forward in a new
direction. Wednesday, November 15, 2006 was proclaimed National GIS Day.
No one registered to speak under the Public Comment section.
PUBLIC HEARINGS
The Clerk read the public hearing notice to hear any citizen on the proposed 2007 City
budget. Finance Department Supervisor Sharon Mueller gave a presentation on the
proposed 2007 budget. She stated that the outcome of the budget sessions would
allow the City’s tax rate to decrease by approximately 2.74%. The City faces ongoing
budget challenges. There is a reduction in State shared revenue going into 2007 and
further reductions are anticipated in the years ahead. Key to this year’s budget is debt
service obligations and increases for the road program and urban rural drainage. The
total operating budget is proposed at $16,026,615, which is an increase of $365,119 or
2.33% over the 2006 amended budget. The tax levy for 2007 is currently budgeted at
$10,807,202, which is an increase of $58,656 or .55% and was necessary to meet prior
years’ debt service obligations. The City’s tax rate is estimated at $4.61 per $1,000 of
assessed value. Ms. Mueller noted that for 2007, no new debt has been proposed. Ms.
Mueller stated that the 2007 total capital budget is proposed at $2,555,326. Lastly, she
reviewed special revenue funds, which are programs where the expenditures are
supported by specific revenue dollars generated for a specific purpose.
Public Comments:
Eric Schroeder, W131 S8437 Eagles Way, stated he was pleased with the proposed
budget. He noted that the City acquiring an administrator was a key component to
making the budget work with a tax rate decrease. Mr. Schroeder would like to see the
purchase of the capital budget items for the fire department postponed until after
completion of the fire study.
Rick Petfalski, W194 S8184 Highland Park Drive, asked about funding for the
Community Festival. He expressed concern that the increase in revenue shown for
building permits and fees may be too high.
The Mayor declared the hearing closed. Ms. Mueller was dismissed.
Common Council Minutes Page 2
November 14, 2006
The Clerk read the public hearing notice to consider petition of Edgewood Contractors
to rezone property on Hillendale Drive from A - Agricultural District to RSA - Attached
Single Family Residence District. Said petition also requires an amendment to the 2010
Comprehensive Plan from Agricultural and Open Lands to High Density Residential for
the Heather’s Way development.
Mr. Trzebiatowski reviewed the rezoning petition submitted by Edgewood Contractors.
The current zoning, A (Agricultural District) allows minimum lot sizes of 120,000 sq. ft.
and 300 ft. in width. There is no minimum lot size or width under the RSA (Attached
Single Family Residence District) zoning but 10,000 sq. ft. of lot size per unit is required.
The petitioners submitted a conceptual site plan to allow the Council could see their
intentions for the parcel. The plan depicts 16 eight-unit and one two-unit multi-family
structures for a total of 130 units. The units would have sole access off of Hillendale
Drive. Approximately 73% of the land will remain open space. The petitioners intend
on preserving and enhancing the open space. It is proposed that the condominiums be
for seniors only.
Mr. Trzebiatowski noted that lands to the west and south of the parcel are zoned and
used agriculturally. Properties to the north are zoned and used for higher density
residential and some commercial uses although these are directly off of Janesville
Road. The City’s 2010 Comprehensive Plan calls for agriculture and open land uses
consistent with parcel densities of one unit per 2.75 acres. If the rezoning were granted,
an amendment to the 2010 Plan would also be required. Mr. Trzebiatowski also noted
that correspondence was submitted from the EPA expressing concern about potential
groundwater contamination near the site. Staff will review.
Gayle Schmidt appeared on behalf of Edgewood Contractors. She gave a brief history
of the property. She purchased the 30-acre parcel in January of 1997. Various
rezoning petitions were submitted over the years. She is very pleased with the present
proposal and believes it would be wonderful for Muskego. Ms. Schmidt stated that
multi-family, high-density residential developments are located to the north and east of
her property. She believes the proposed zoning would provide a good transition
between the existing commercial and agricultural zoning. The City has over 5,300
senior citizens and only about 200 senior condos. This proposed development will be
an enhancement for the community in many ways. Ms. Schmidt stated tests of the
groundwater have not revealed any contamination. The development would be served
by City water.
Eric Schroeder, W131 S8437 Eagles Way, stated he applauds Edgewood Contractors
for bringing forward a senior living complex because the community lacks senior
housing. However, he believes that the best development of the property is a 13-unit
COPD. He worked with his constituents in the area and the majority agreed. The
Public Utilities Committee did approve a recommendation to MMSD to put the property
in the sanitation district for 13 hookups. He questions that an eight-unit building will
bring in an excess of $300,000.
The following individuals spoke against the rezoning:
Rick Petfalski, W194 S8184 Highland Park Drive
Dave Davis, W200 S8609 Woods Road
Common Council Minutes Page 3
November 14, 2006
Gloria Fischer, W207 S8686 Hillendale Drive
Vern Moeller, W208 S8543 Hillendale Drive
Larry Fischer, W207 S8686 Hillendale Drive
The following reasons were stated
site is best served with the zoning in place
area should be kept rural
not the right place for senior housing
plan doesn’t fit what is needed in the community
property will not sell for the dollar amount anticipated by the developer
development will create congestion on Hillendale Drive
not the proper place for 130 condos
concern about potential flooding problems
condominium development should be located in downtown area
Jim Nichols, S78 W20506 Monterey Drive, stated the City needs more housing for
seniors although he is not sure if this is the right location.
Ms. Schmidt stated that the City encouraged her to petition for the property to be served
by sewer. A request to serve 12 lots was never submitted. Her latest proposal was an
attempt to respond to comments she heard from the aldermen: a need for senior
housing, open space, condominium developments not needing an ingress/egress. She
is confident about the values because she has had her real estate license for 20 years.
Ms. Schmidt stated that the potential contamination issue does not make sense; the
property is served by City water. The property has been tested several times with no
indication of contamination. Approximately 75% of the land will remain open.
Ald. Melcher expressed concern about any development on this property because of the
potential contamination and the City’s liability.
Ald. Buckmaster noted that the rezoning petition would be reviewed by various
commissions and committees prior to being voted on by the Council.
Ald. Schaefer stated she received concerns from some citizens regarding traffic and
locating condominiums in an area that has residential housing.
The Mayor declared the hearing closed. Mr. Trzebiatowski was dismissed.
CONSENT AGENDA
Salentine moved to approve the Consent Agenda items engross. Borgman
seconded; motion carried. The following items were approved:
Common Council Minutes of 10/24/2006
Reso. #202-2006 - Resolution Authorizing the Mayor to Approve Vouchers.
Reso. #203-2006 - Final Resolution Authorizing Installation of Water Main
Improvements and Levying of Special Assessments for Lake Lore/Tudor Oaks Well
House Demolition Project.
Common Council Minutes Page 4
November 14, 2006
Reso. #204-2006 - Award of Bid - Lake Lore/Tudor Oaks Well House Demolition
Project.
Reso. #205-2006 - Designating Public Depositories and Authorizing Withdrawal of City
of Muskego Monies.
REVIEW OF COMMITTEE REPORTS
Minutes of the 10/10/2006 Finance Committee, 10/17/2006 Plan Commission,
10/11/2006 Citizen Study Committee on the Future of City Owned Settlement Center
Property, 10/5/2006 Committee of the Whole and 9/27/2006 Library Board were
reviewed.
OLD BUSINESS
Ord. #1237 - An Ordinance to Establish the Salary for Mayor for 2008-2011 Term.
Second Reading. On the floor, deferred 10/24/2006. Salentine moved to defer.
Madden seconded; motion carried.
NEW BUSINESS
Ord. #1240 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of
the City of Muskego (Edgewood Contractors/Heather’s Way - A to RSA). First Reading.
Ord. #1241 - An Ordinance to Establish Salary for Aldermen (Districts 2, 4, 6 and 7).
First Reading.
LICENSES
Salentine moved for approval of regular operators’ licenses for Darlene Reinke,
Judy Covey, Joseph Vagnini, Kristy Kohler and Lynn Lessila and approval to
renew an operator’s license for Rita Toniazzo. Madden seconded; motion carried.
Salentine moved for approval of a “Class B” Liquor/Beer license for Ylli Myrtaj
d/b/a Enzo’s Restaurant & Pizza. Madden seconded; motion carried.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$504,074.89. Madden seconded; motion carried. Madden moved for approval of
payment of Utility Vouchers in the amount of $22,643.32. Borgman seconded;
motion carried.
CITY OFFICIALS’ REPORT
The City Administrator noted that a special Council meeting was scheduled for Monday,
November 20, 2006 at 6:00 PM to finalize the 2007 budget.
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
Common Council Minutes Page 5
November 14, 2006
evaluation data of any public employee over which the governmental body has
jurisdiction or exercises responsibility, more specifically compensation and
performance of Engineering/Building Inspection Director. Salentine seconded.
Motion carried 6-0.
The City Atty. and Clerk-Treasurer were dismissed.
Salentine moved to reconvene into open session. Borgman seconded; motion
carried.
ADJOURNMENT
Salentine moved to adjourn at 9:50 PM. Melcher seconded; motion carried.
Respectfully submitted,
Janice Moyer, CMC, CMTW
Clerk-Treasurer