CCM20061212
COMMON COUNCIL - CITY OF MUSKEGO Approved: 01/09/2007
MINUTES OF MEETING HELD DECEMBER 12, 2006
The meeting was called to order at 7:32 PM by Mayor Johnson. Present were Ald.
Borgman, Buckmaster, Madden, Melcher, Salentine, 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 on 12/8/2006.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Mayor stated that if there were no objections, a Committee of the Whole meeting
would be set for January 18, 2007 at 6:30 PM.
No one registered to speak under the Public Comment section.
PUBLIC HEARING
The Clerk read the hearing notice to consider the petition of Ener-Con Companies LLC
to rezone property on Janesville Road (between Parkland Drive and Bay Lane Drive)
from B-4/OPD/OWP Highway Business District with a Planned Development Overlay
with a Wellhead Protection Overlay and RS-2/OIP/OWP Suburban Residence District
with an Institution and Public Service Overlay with a Wellhead Protection Overlay to B-
4/OPD/OWP Highway Business District with a Planned Development Overlay with a
Wellhead Protection Overlay. The current Planned Development zoning was in effect
but was never utilized and now a new Mixed Use development is planned for the area.
Mr. Muenkel stated the property is located just across from the library; there are three
separate parcels involved. The petition is for the entire site to be zoned B-4/OPD/OWP.
The parcel was owned by the City and turned over to the Community Development
Authority (CDA) for redevelopment. The CDA has chosen a developer through the RFP
process. The proposal is for a mixed-use development that has 31 condominium units
in the rear and an 8,500 sq. ft. retail/office structure in the front. The planned
development zoning would allow the following: spreading the density of the proposed
31 units of residential over the entire zoning district, increasing the height of the
structure from 30 ft (allowed by the B-4 zoning) to 34 ft., decreasing the setback to 10 ft.
from 40 ft. (required by the B-4 zoning). The CDA has recommended approval to the
Plan Commission.
The following individuals spoke against the rezoning:
Tom Lesch, W167 S7252 Briargate Lane. The condos will be in his view and he does
not want that. Janesville Road needs business, not more multi-housing units. The
environment of the area has been deteriorating. He has a problem with more traffic on
Janesville Road prior to it being expanded.
Rene Farias, W167 S7294 Briargate Lane. In addition to what Mr. Lesch mentioned, he
has the following issue: the impact that the pond has behind his house. The pond is a
disaster. This has been an outstanding issue since 2002. He is concerned that the
development will adversely affect the area.
Renee Scheonbach, S71 W16652 Glen Cove Court. The City’s 2010 Comp Plan
depicts buildings along Janesville Road, not in the wetlands area. Traffic is an issue but
foremost for her is quality of life. She will be looking directly at the back of the proposed
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December 12, 2006
building. People in the area had no idea this was being proposed. She prefers the rural
atmosphere be retained.
Paul Meyer, 1456 South 76 Street, stated he represents the developer. The developer
has worked closely with the CDA regarding what is being proposed for the site.
Excel/decel lanes have been discussed and may be needed prior to the Janesville Road
expansion.
The Mayor declared the hearing closed at 7:50 PM.
CONSENT AGENDA
Melcher moved to remove Reso. #227-2006. Salentine seconded. Melcher had
concerns that the cleaning specifications were not explicit enough. Ms. Sheiffer noted
that the specifications were reviewed last year and should be fine as written. After
discussion, Melcher withdrew his motion and Salentine withdrew her second.
Salentine moved to approve the Consent Agenda items engross. Buckmaster
seconded. Motion carried 7-0. The following items were approved:
Common Council Minutes of 11/28/2006
Reso. #221-2006 - Appointment of Election Officials by Mayor of the City of Muskego.
Reso. #222-2006 - Resolution for Approval of 2007 Wage Increase for Nonrepresented
Employees of the City of Muskego.
Reso. #223-2006 - Resolution to Establish the Wages Which Shall Be Paid by the City
of Muskego to its Non-Union Employees.
Reso. #224-2006 - Approval of Amendment to Personnel Code for Management and
Other Nonrepresented Employees of the City of Muskego (Health Insurance
Contribution to Premium).
Reso. #225-2006 - Approval of Amendments to Personnel Code for Sworn
Nonrepresented Employees.
Reso. #226-2006 - Approval of a Certified Survey Map - Towne Realty, Inc.
Reso. #227-2006 - Approval of Cleaning Service Contract for 2007.
Reso. #228-2006 - Approval of Carriers for the City’s Insurance for 2007 (Liability,
Worker’s Comp., Property and Auto Physical Damage).
Reso. #229-2006 - Intent to Accept Improvements to Qualify for General Transportation
Aids.
Reso. #230-2006 - Approval of Dental Insurance Contracts for 2007.
Reso. #231-2006 - Approval of Health Insurance Contract for 2007.
Reso. #232-2006 - Resolution Authorizing Special Quarterly Charges for Garbage and
Refuse Disposal and Recycling Service.
Reso. #233-2006 - Resolution to Enter into an Agreement with Diversified Benefit
Services for Third Party Administrator.
Reso. #234-2006 - Resolution to Adopt HIPPA Compliance Documents.
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December 12, 2006
Reso. #235-2006 - Authorizing Cancellation of Certain Uncollectible Accounts
Receivable (Rescue).
Reso. #236-2006 - Resolution to Approve 2007 Rate Schedules for Professional
Services Agreements for Engineering Services.
Reso. #237-2006 - Approval of Reductions in Letters of Credit (Copper Oaks, Northfield
Green)
NEW BUSINESS
Reso. #238-2006 - Authorizing the Issuance of a Summons as to Complaint Regarding
the Fermented Malt Beverage License of Johnny’s Petroleum Products, Inc. Salentine
moved for adoption. Borgman seconded. Motion carried 7-0. The Mayor called for
a brief recess.
Reso. #239-2006 - Approving the Stipulation and Entering the Determination Regarding
the Fermented Malt Beverage License of Johnny’s Petroleum Products, Inc. Salentine
moved for adoption. Borgman seconded. Motion carried 7-0. Lt. La Tour and Mr.
Jack Strasser signed the Stipulation and Determination, which suspended the license
held by Johnny’s Petroleum Products, Inc. for 10 days beginning January 1, 2007.
REVIEW OF COMMITTEE REPORTS
Minutes of the 11/14/2006 Finance Committee, 11/21/2006 Plan Commission,
11/15/2006 and 11/27/2006 Citizen Study Committee on the Future of City Owned
Settlement Center Property, 10/17/2006 Community Development Authority and
11/15/2006 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 11/28/2006. Salentine moved to defer.
Borgman seconded; motion carried with Buckmaster voting no. Salentine
requested the item be placed on the January 18 Committee of the Whole agenda.
NEW BUSINESS (Continued)
Ord. #1242 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con
Companies LLC/Parkland View Development - B-4/OPD/OWP and RS-2/OIP/OWP to
B-4/OPD/OWP). First Reading.
Ord. #1243 - An Ordinance to Repeal and Recreate Chapter 17 Zoning Code and the
Official Zoning Map of the City of Muskego. First Reading.
Ord. #1244 - An Ordinance to Amend Chapter 18 of the Municipal Code of the City of
Muskego (Land Division Ordinance). First Reading.
Ord. #1245 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of
Muskego. First Reading.
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December 12, 2006
Ord. #1246 - An Ordinance to Amend Chapter 36, Sections 36.04 (4)(a) and 36.04
(5)(b) of the Municipal Code of the City of Muskego (Wireless Communications Facilities
Siting). First Reading.
Ord. #1247 - An Ordinance to Amend Chapter 28, Section 28.02 (2) and Chapter 33,
Section 33.02, of the Municipal Code of the City of Muskego. First Reading.
Ord. #1248 - An Ordinance to Amend Chapter 30, Sections 30.05 (6), 30.07 (4) and (5),
30.12 and 30.14 (1)(a), of the Municipal Code of the City of Muskego. First Reading.
Mr. Muenkel noted that Ordinances #1243 through #1248 are all part of the repeal and
recreation of the zoning code (Chapter 17). He distributed a zoning map outlining four
areas where people requested changes; they want to keep the existing zoning. He also
distributed a letter from Lynn Kurer reiterating what she stated at the 12/11/2006 public
hearing. Buckmaster stated that the zoning should match the Comp Plan. Are there
cases or arguments not to do so?
Atty. Molter stated that the City’s Comprehensive Plan and zoning would have to be the
same by 2010 for smart growth. Mr. Muenkel was dismissed.
LICENSES
Salentine moved for approval of operators’ licenses for Anthony Thibedeau (with
a 3, 6, 9 and 12-mo. review), Jessica Duchac, Jennelle Modlinski, Donald Carson,
and Lindsay Robinson (with a 3, 6, 9 and 12-mo. review) and approval of a change
of agent for Ultra Mart Foods, LLC (Pick ‘n Save) to Paul Tate. Borgman
seconded. Motion carried 7-0.
VOUCHER APPROVAL
Salentine moved for approval of payment of General Vouchers in the amount of
$590,486.82. Borgman seconded. Motion carried 7-0. Madden moved for
approval of payment of Utility Vouchers in the amount of $173,613.88. Borgman
seconded. Motion carried 7-0. Salentine moved for payment of Tax Checks in the
amount of $600. Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORT
The Mayor noted that the installation of the communication center at the Police
Department is nearly complete.
CLOSED SESSION
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 negotiating annual fire service and rescue agreements with Tess
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December 12, 2006
Corners Volunteer Fire Department and Muskego Volunteer Fire Company.
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, more specifically compensation and
performance of Engineering/Building Inspection Director. Melcher seconded.
Motion carried 7-0.
The Clerk-Treasurer was dismissed. Atty. Molter was present for the first closed
session and then dismissed.
Salentine moved to reconvene into open session. Melcher seconded; motion
carried.
OLD BUSINESS (Continued)
Reso. #215-2006 - Approval of Agreement for Ambulance Services with the Tess
Corners Volunteer Fire Department. On the floor, amended and deferred 11/28/2006.
Melcher moved to amend the agreement to reflect a June 30, 2007 termination
date (changed from April 30, 2007). Borgman seconded; motion carried. Reso.
#215-2006, as twice amended, adopted.
NEW BUSINESS (Continued)
Reso. #240-2006 - Approval of Fourth Quarter Fire Protection Agreement with Tess
Corners Volunteer Fire Department. Snead moved for adoption. Melcher seconded;
motion carried.
Reso. #241-2006 - Approval of Fire Protection Agreement with Tess Corners Volunteer
Fire Department for 2007. Melcher moved for adoption. Snead seconded; motion
carried.
Reso. #242-2006 - Resolution Authorizing the Mayor to Enter into a Fire Protection
Agreement with Muskego Volunteer Fire Company for 2007. Melcher moved for
adoption. Salentine seconded. Motion carried 6 in favor and Schaefer
abstaining.
Reso. #243-2006 - Resolution to Delete Engineer 1 Position and Recreate Position as
City Engineer/Director of Public Works Projects, Approve Job Description and Salary
Range and Authorize Filling of Position. Salentine moved for adoption. Buckmaster
seconded; motion carried.
ADJOURNMENT
Snead moved to adjourn at 9:32 PM. Melcher seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer