CCM20070522
COMMON COUNCIL - CITY OF MUSKEGO Approved: 06/12/2007
MINUTES OF MEETING HELD MAY 22, 2007
Mayor Johnson called the meeting to order at 7:30 PM. Present were Ald.
Fiedler, Schaefer, Melcher, Werner, Borgman, Pavelko, and Snead, City Attorney
Molter, City Administrator Sheiffer, Plan Director Muenkel and Clerk-Treasurer
Moyer. Those present recited the Pledge of Allegiance. Ms. Moyer stated that
the meeting was noticed in accordance with the open meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
County Executive Vrakas gave a brief update about what is being done to
address the safety concerns regarding the Racine Avenue/Kelsey Drive
intersection. Ald. Schaefer thanked the County representatives present for
responding to the City’s requests.
The Clerk read a Proclamation declaring May 19 to May 25, 2007 as National
Safe Boating Week.
No one registered to speak under the Public Comment section.
PUBLIC HEARINGS
The Clerk read the public hearing notice to consider the petition of Land Mariner
Corporation to rezone property on North Cape Road from RC-2 Country
Residence District and RC-3 Country Residence to PD Planned Development
District Using the RS-2 District as a base for the purpose of a future subdivision
(Wildflower Farms).
Mr. Muenkel stated that the parcel is currently zoned RC-2 and RC-3. The RC-2
district allows parcels of 60,000 sq. ft. in size and a minimum of 175 ft. in width
while the RC-3 district allows parcels of 40,000 sq. ft. in size and a minimum of
150 ft. in width. The developer would like to rezone the parcel to a planned
development for several reasons: the ability to utilize the gross density of the
parcel in calculating the overall development density and the ability to reduce
some setbacks. The RS-2 zoning district would be used as a base, which
requires a minimum lot size of 20,000 sq. ft, with a minimum of 110 ft. in width.
The concept plan for the development shows approximately 37% of the site
being preserved abutting other conservation areas. The density of the proposed
development equals .80 units per acre, which is within the allowable degree of
the low-density designation of the 2010 Comprehensive Plan.
Steve Bruskiewicz of Mariner Land Corporation was present on behalf of the
property owner. He stated that the average lot size has been increased to
25,400 sq. ft. The setback reductions are being requested to match those of the
Boxhorn Reserve Subdivision to the south.
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May 22, 2007
Leonard Pilak, W165 S8108 Kurtze Lane, stated he was present on behalf of the
Conservation Commission. The Commission is pleased with the proposed
development and supports it.
The Mayor declared the hearing closed.
The Clerk read the public hearing notice to consider petition of Steve and Laurie
Oschmann to rezone property from BL-2 Lakeshore Business District to RM-2
Multiple Family Residence District for the purpose of converting the existing
building into a six-unit condominium and to rezone property from BL-2 Lakeshore
Business District to RS-3 Suburban Residence District (Single Family) for the
purpose of a future land division containing two single-family lots and a roadway
dedication.
Mr. Muenkel stated the petitioners are proposing to divide their property into
three separate parcels: two new single-family lots (to be zoned RS-3) and one
multifamily lot (to be zoned RM-2). The RS-3 zoning district requires lot sizes of
15,000 sq. ft or greater and 100 ft. in width. In addition to the creation of the two
new single family lots, the property owners are proposing to convert the existing
Aud Mar structure to six condominium units. Each unit would be approximately
3,000 sq. ft. in size. Mr. Muenkel stated that the proposal does meet the 2010
Comprehensive Plan, which calls for medium density (1.5 - 3.99 units per acre).
The net density shown on the site plan is 2.5 units per acre.
The following individuals presented details regarding the proposed development:
Atty. Mike Schober was present on behalf of Mr. and Mrs. Oschmann. He stated
that the single-family lots would be 30,000 and 34,000 sq. ft. in size. The
condominium development would be on a parcel of 73,000 sq. ft. All of which are
consistent with the Master Plan. Atty. Schober stated that the current proposal is
a compromise from the plan submitted by the Oschmanns a year and a half ago.
If the building were to continue to be used as a business, a “sports bar” type of
operation would be possible, which the Oschmanns did not believe would be
beneficial to the area. The Oschmanns have attempted to present their proposal
to people living in the area. It is the intention that concerns regarding the
proposed development be addressed through regulations that will be enforced.
This development will be an asset to the neighborhood and make it more
desirable. It is believed that this proposal will have the least impact on the
environment; more green space will be preserved. The Oschmanns have agreed
that there will be no future land divisions of this site. One of the concerns that
has been expressed is that this will set some sort of precedent. Atty. Schober
disagreed because there are no other parcels zoned BL-2 that have an existing
building that can be converted to residential units with only minor additions. Most
of the vegetation will be able to be preserved. One of the reasons that a single-
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May 22, 2007
family subdivision is not being proposed is that a public access would be
required.
Doug Gallus, the project architect, briefly described the redesign and architecture
of the proposal. It is intended that the general character of the building be
preserved. Six individual living units will be designed with larger garage space
for more storage. Each unit will be in excess of 3,000 sq. ft. There are no
specific designs for the single-family homes at this time.
The following individuals spoke in opposition of the rezoning:
Mike Wehr, W166 S8304 Kurtze Lane
Tom Sowinski, S79 W15907 Aud Mar Drive. He distributed the minutes of the
4/11/2006 Common Council minutes. At that meeting, the “OLR” zoning
designation was discussed. Several of the residents that had the OLR zoning
designation were in favor of removing it under two conditions: uniform
application including the Aud-Mar and no condominiums could be built on Bass
Bay. He believes the 2010 Comprehensive Plan clearly depicts single-family
residential zoning around the Aud-Mar Restaurant.
Doug Mayr, S79 W15979 Sandy Beach Drive
Wendy Sleight, W156 S7984 Audrey Court
Denise Marisch, S79 W15725 Aud Mar Drive
Mark Laehn, W165 S8254 Kurtze Lane
Dave Leikam, S79 W16389 Woods Road
Maria Sowinski, S79 W15907 Aud Mar Drive
Kevin Ryan, W163 S7984 Bay Lane Place
The following reasons were stated for opposition to the rezoning:
Not comfortable with proposal and the benefits stated
Will open the door for future condo development
Concern with additional lake traffic
Owner’s profit is the driving force
Zoning should remain residential, single family
Will set a precedent
Will increase average, daily traffic
Additional piers will be an eyesore
Concern about the environmental effect on the lake
Does not follow 2010 Comprehensive Plan
Scare tactics have been used
Would like the existing neighborhood protected
The Oschmanns have other options
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May 22, 2007
The following individuals spoke in favor of the rezoning:
Leonard Pilak, W165 S8108 Kurtze Lane
Thomas Kies, S79 W16099 Bay Lane Place
Perry Kanelos, S79 W15821 Aud Mar Drive
Bob Pelzmann, S79 W15779 Aud Mar Drive
Paul Kiedrowski, S63 W12449 Emerson Drive
Mike Plumley, W156 S7988 Audrey Court
Lynn Kurer, W143 S8012 Schultz Lane
Dale Duda, S81 W17085 Woods Road
The following reasons were stated in favor of the rezoning:
Number of boats and traffic may actually be less with condos vs. single-
family homes
Less piers with condominiums than with single-family dwellings
Existing building has always been well maintained. Future project will be
done with taste also.
Prefers the proposed condominiums and two single-family homes vs. eight
single-family homes
Minimal impact on the area/neighborhood
Buildings proposed are beautiful; property values will increase
Proposed development should decrease amount of traffic compared to
what was generated by the business use
Peggy Cureton, W175 S7452 Park Drive, stated she lives next to existing
condominiums for 15 years and has not experienced any problems.
Steve Oschmann, S79 W15851 Aud Mar Drive. He has put a lot of effort into the
existing building and does not see the benefit of tearing it down. The number of
piers allowed is governed by the DNR. One pier for every 50’ of frontage is the
rule. He believes the lake use will be less with condominiums. Bass Bay is not
routinely busy. Why is that now an issue? He does not understand that this will
“set a precedent.” One size does not fit all.
The Clerk-Treasurer read the following comments that were received via e-mail
into the record:
Patricia Voigt, S79 W16132 Bay Lane Place
We received a letter in the mail from Aud-Mar and it is their intent to have
condos, which no one wants. It’s too bad it can’t remain as a restaurant/supper
club. We need a nice place in the area and it’s such a beautiful setting. The
people on the lake have concern with additional boat traffic that might be
generated by condo owners. The bay is small and mainly used by people who
fish. It would be a shame to have a bunch of speedboats and water scooters
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May 22, 2007
running around in this small area. However, it is more up to the people who live
in the Aud-Mar subdivision to decide what they can live with.
Andrew Schkeryantz, S79 W16061 Bay Lane Place
My name is A. J. Schkeryantz and my family and I live on Bass’s Bay. Our home
is just four lots to the west of the Aud Mar, next to Doug Mayr’s home. Due to a
previous engagement, I will be unable to attend tonight’s meeting at City Hall
regarding the rezoning of the Aud Mar; however, I wish for my voice and vote to
be heard at tonight’s meeting. I have lived on the lake since 1993 and have
enjoyed the quiet and peaceful atmosphere that our lake offers. I believe that
turning the Aud Mar into condos will not only set a precedent for future condo
projects but will also negatively affect the quality of life on and around the lake.
Please consider this my vote of “NO” for the rezoning of the Aud Mar into
condos. If possible, please read this at the meeting. Thank you.
Brenda Skelton-Bendtsen and Jim Bendtsen, W166 S8362 Kurtze Lane
While we believe the specific recent redevelopment plan presented by the
Oschmanns is reasonable, we are very concerned about establishing a
precedent for further condo development on Bass Bay. The small body of water
cannot sustain heavy traffic without a significant reduction in quality of life for
those of us who purchased our homes in the area due to the quiet and peaceful
atmosphere. Whatever your decision, we ask that you consider the long-term
future of Bass’s Bay - not just the immediate decision.
Patrick Jezuit, W156 S7795 Ladwig Drive
My name is Patrick Jezuit and I live at W156 S7795 Ladwig Dr. I’ve owned my
home since 1998 and in this time have seen all of the surrounding farm land
disappear which was not a surprise; my only consolation has been that it was all
single-family housing. But somewhat unexpectedly a few years ago Steve
decided to close the restaurant and presented his first proposal, which was way
out of the realm of reality. Naturally it was opposed by all, myself included. Then
came his next scaled down version but we were once again fighting multifamily
rezoning which was once again defeated. Again we’re fighting his zoning change
request. How many times do we have to fight this request? Two times being
defeated should be enough of a message for our elected officials. The vast
majority and I repeat the majority of the residents are opposed to any form of
multifamily housing regardless of its proposed density, it is still multifamily. Our
neighborhoods are safe and friendly environments for our kids. We do not need
the extra permanent traffic. The restaurant traffic was here way before most of
us so we never had the right to complain as long as the speed laws were
observed and even that traffic was normally somewhat predictable. But changing
the zoning to accommodate Steve will create a precedent for future development
not only on the bay but on all of our waterways regardless of what his lawyers
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May 22, 2007
would have us believe. So please consider our previous denials of this request
and be sure we as residents are oppose to multifamily housing. Keep our quality
of life and the health of our waterways in mind when it is time to vote for this
zoning change request.
The Mayor stated that first reading of the rezoning ordinances was on the
agenda but no action would be taken. He declared the hearing closed. The
Council took a short recess.
CONSENT AGENDA
Mayor Johnson stated that Reso. #111-2007 and Reso. #112-2007 would be
removed from the Consent Agenda and Reso. #114-2007 - Approval of 2007
Capital Budget Purchases for Tess Corners Fire Department would be removed
from the agenda. Borgman moved to approve the remaining items on the
Consent Agenda. Melcher seconded. Motion carried 7-0.
The following items were approved:
Common Council Minutes of 5/8/2007
Reso. #109-2007 - Resolution Approving Participation in the Local Government
Property Insurance Fund.
Reso. #110-2007 - Award of Bid - 2007 Road Improvement Program.
Reso. #113-2007 - Approval of Continuation of Police Liaison Officer Program.
Reso. #115-2007 - Approval of Purchase of 5-Yard Patrol Truck for the
Department of Public Works.
NEW BUSINESS
Reso. #111-2007 - Approval of Oakridge Glen Subdivision Development Model
Home Agreement (Lot 6). Borgman stated that the Finance Committee made a
few revisions to the agreement: the title of “Director of Engineering and Building”
was changed to “City Engineer.” In addition, the following statement was added
to the agreement: “This agreement expires June 1, 2008, and can be renewed
upon approval and agreement between the City and the Subdivider.” Borgman
moved for adoption. Werner seconded. Motion carried 7-0.
Reso. #112-2007 - Resolution to Support and Participate in DNR Acquisition of
the Leonard Woods Property. Mayor Johnson stated that the Finance
Committee recommended approval for the City to contribute 25% of the
acquisition price or $111,250, whichever is less. Borgman moved for
adoption. Schaefer seconded. Motion carried 7-0.
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May 22, 2007
REVIEW COMMITTEE REPORTS
Minutes of the Parks & Recreation Board for 4/9/2007 were reviewed.
OLD BUSINESS
Reso. #027-2007 -Approval of Condominium Plat, Developer’s Agreement and
Letter of Credit for St. Andrews Phase 2. On the floor, deferred 5/8/2007.
Werner moved to table. Fiedler seconded; motion carried. The City Attorney
noted that this resolution would come back for Common Council consideration.
NEW BUSINESS (Continued)
Reso. #116-2007 - A Resolution Allowing a Developer to Begin Official
Proceedings for a Tax Incremental Finance (TIF) District within the City of
Muskego. Borgman moved for adoption. Melcher seconded. Mr. Muenkel
stated that Mr. Mike Dilworth of Ener-Con Companies has an accepted offer for
the purchase of the Parkland Mall property contingent on approval of a TIF
district. The resolution would allow the developer to go forward and begin that
process with the associated costs paid for by the developer. Mr. Muenkel also
stated that through adoption of the resolution, the Council would designate the
Community Development Authority (CDA) as the recommending board. In
addition, the resolution identifies Ehlers and Associates as the consultants to
manage the TIF process. Pavelko moved to amend to add, “WHEREAS, The
Developer and the City will follow the TIF guidelines as set forth by the
Wisconsin Department of Revenue.” Borgman seconded. Motion carried
7-0. Reso. #116-2007, as amended, adopted 7-0.
Ord. #1253 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Mariner Land Corporation/Wildflower Farms - RC-2 and RC-3 to PD). First
Reading.
Ord. #1254 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Oschmann - BL-2 to RM-2 and BL-2 to RS-3). First Reading.
LICENSES
Borgman moved for approval of an Operator’s License for Ronald Herman,
Christine Duston, Jane Blakeslee, Jenna Beckman, Kristi Gorski, Malkit
Singh Kanda, Megan Pardi, Walter Cooke, Theresa Hougum and Jenna
Taubenheim. Werner seconded. Motion carried 7-0.
Melcher moved for approval of a Michael Williams as the new agent for
Schultz Resort Rod & Gun Club. Werner seconded. Motion carried 7-0.
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May 22, 2007
The Mayor stated that approval of the “Class B” Beer and Liquor License for
Dingers, the Hitter’s Hideaway, Inc. is being removed at this time.
Melcher moved for approval of a Temporary Class “B”/“Class B” License
for Muskego Senior Taxi Service for 7/27/2007. Borgman seconded.
Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount
of $1,598,236.47. Werner seconded. Motion carried, 7-0. Schaefer moved
for approval of payment of Utility Vouchers in the amount of $73,480.32.
Pavelko seconded. Motion carried, 7-0. Melcher moved for approval of
payment of Tax Checks in the amount of $1,554,638.67. Snead seconded.
Motion carried, 7-0.
CITY OFFICIALS’ REPORTS
The June calendar was reviewed.
ADJOURNMENT
Snead moved to adjourn at 9:37 PM. Borgman seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer