CCM20070612
COMMON COUNCIL - CITY OF MUSKEGO Approved
MINUTES OF MEETING HELD JUNE 12, 2007
Mayor Johnson called the meeting to order at 7:40 PM. Present were Ald.
Fiedler, Schaefer, Melcher, Werner, Borgman, Pavelko, and Snead, City Attorney
Alexy, 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 on 6/8/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
th
Reso. #117-2007 - Resolution Acknowledging the 50 Anniversary of the
Founding of St. Leonard Congregation. Borgman moved for adoption.
Pavelko seconded. Motion carried 7-0. Mayor Johnson presented the
resolution to Father Bill Kohler.
Reso. #118-2007 - Honoring City of Muskego Girl Scout Gold Award Recipient
Katherine Leigh Derbyshire. Borgman moved for adoption. Snead
seconded. Motion carried 7-0. The Mayor presented the resolution to Katie
who thanked the Council for the recognition.
Reso. #119-2007 - Recognition of 30 Years of Service - Jim Murphy - Muskego
Police Department. Borgman moved for adoption. Werner seconded.
Motion carried 7-0.
No one registered to speak under the Public Comment section.
PUBLIC HEARINGS
The Clerk read the public hearing notice to consider the petition of Alesci
Enterprises, Inc. to rezone property located at Racine Avenue and Woods Road
(Tax Key No. 2241.999) from EA - Exclusive Agricultural District and SW -
Shoreland Wetland District to RSE - Suburban Estate District and SW -
Shoreland Wetland District for the purpose of a future land division containing 33
proposed single-family lots.
Mr. Muenkel stated that the subject property is approximately 61 acres in size. It
is located east of the high school and is also known as the Stefaniak property.
The rezoning is being requested for the proposed development of the Edgewater
Heights subdivision. The developer is petitioning for RSE zoning, which requires
lots 40,000 sq. ft. in size and 150’ in width. The delineated wetlands would be
rezoned to the Shoreland Wetland District for further protection. A total of 33
parcels are being proposed.
Mr. Muenkel stated that in 2006 the developer petitioned for RS-2 zoning for this
parcel. Under the RS-2 zoning, 20,000 sq. ft. lots are required. The Council did
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June 12, 2007
not support RS-2 zoning for that area and subsequently changed the
Comprehensive Plan to reflect low density residential. The proposed
development meets that requirement. The concept plan shows two cul-de-sacs,
one off of Woods Road and the other off of Racine Avenue. This has been done
at the direction of the Council. The previous plan showed roads connecting
within the interior of the subdivision and there was concern that they would be
used to bypass the Woods Road/Racine Avenue intersection. If the rezoning is
approved, a preliminary plat will be brought forward.
The developer, Anthony Alesci, addressed the Council. He stated that the
proposed RSE zoning is consistent with the existing 2010 Comprehensive Plan.
The size of the proposed lots is larger than one acre. This exceeds the size of
lots in the adjacent subdivision zoned RS-1 . All of the wetlands shown on the
plat have been delineated and approved by the DNR. They will be preserved
and not be a part of any lot. The larger size lots will have a positive impact on
the rural atmosphere and environment of the area. The subdivision restrictions
will demand larger size homes. Mr. Alesci added that the lots would be fully
improved.
Dana Riebar spoke on behalf of her father, Donald Schrieber (S86 W17937
Woods Road). One concern is the access that is shown off of Woods Road,
which will be a safety hazard. Another concern is that the development may
cause flooding and drainage problems on her father’s property.
Donald Schrieber, S86 W17937 Woods Road, stated the City should be
concerned about the pollution that will be created by this subdivision and its
effect on the lake and storm sewers. He would like the land to be preserved for
wildlife.
Sheri Hackbarth, S87 W18067 Woods Road, stated her property would be
adjacent to the subdivision entrance on Woods Road. She has concerns
regarding traffic but is pleased that there will not be a cut through to Racine
Avenue. Ms. Hackbarth wanted to state for the record that she objects to a
reservation for a future driveway that could go to the rear of the existing
Stefaniak property as shown on previous plans. She prefers moving the Woods
Road entrance to the subdivision, if possible.
Judy Wachowiak, W182 S9125 Parker Drive, stated she appreciates the larger
lot sizes but feels they are still too small. She believes there should be more
open space between the homes and would like to see lots a minimum of two to
three acres in size. She also expressed concern about the wildlife.
Magnus Ekstrand, W183 S8894 Racine Avenue, stated he owns the property
directly south of the development. He and his wife would like to see larger lots.
The 2004 Conservation Plan defined this area as pristine. There is wildlife in the
area that is not found anywhere else in the City.
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June 12, 2007
The Mayor declared the hearing closed at 8:07 PM.
The Clerk read the public hearing notice to consider proposed amendments to
Chapter 38 of the Municipal Code pertaining to Nonmetallic Mining. These
changes are required by the DNR to match state regulations. Proposed
amendments to Chapter 18, Sections 18.50 and 18.90, of the Municipal Code
relating to roadway and utility improvements surrounding new developments will
also be considered.
Mr. Muenkel stated the proposed amendments to Chapter 38 (Nonmetallic
Mining) are a requirement of the DNR. The City has one nonmetallic mine, which
is Payne & Dolan. The Mayor noted that under the current provisions of the
chapter, the Common Council does not have the authority to approve a
reclamation plan.
Mr. Muenkel stated that the proposed amendments to Chapter 18, the Land
Division Ordinance, would require developers to pay for the increased effects on
existing infrastructure. Fiedler expressed concern that the Plan Commission
could be limited because of language that calls for a recommendation by
Engineering staff. Mr. Muenkel stated that the language could be amended at
the time of second reading.
There was no one present that came forward to speak; the Mayor declared the
hearing closed at 8:15 PM.
CONSENT AGENDA
Mayor Johnson stated that Resolutions #124-2007, #125-2007, #126-2007,
#127-2007 and #128-2007 would be removed from the Consent 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 5/22/2007
Reso. #120-2007 - Approval of 2007 Capital Budget Purchases for Tess Corners
Fire Department.
Reso. #121-2007 - Approval of a Certified Survey Map - Posbrig.
Reso. #122-2007 - Approval of Agreement Between the City of Muskego and
Eric and Kimberly Udvare as a Result of the Construction of Well #9.
Reso. #123-2007 - Resolution to Terminate the Relocation Order Issued by
Action on Resolution #210-2006.
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June 12, 2007
Reso. #129-2007 - Resolution to Authorize the Illumination of the Outdoor
Recreational Facilities at the Muskego High School Athletic Fields (American
Cancer Society Relay for Life).
NEW BUSINESS
Reso. #124-2007 - Approval of Various License Applications for the City of
Muskego for the Licensing Period July 1, 2007 to June 30, 2008. Mayor Johnson
stated that the Finance Committee removed the license applications for
Boxhorn’s Gun Club, Hunter’s Nest and Spitfires. Fielder moved for adoption
of the licenses as recommended by the Finance Committee. Melcher
seconded. Motion carried 7-0.
Reso. #125-2007 - Approval of Agreement for Ambulance Services with Tess
Corners Volunteer Fire Department (July 1 to December 31, 2007). The Mayor
noted that the Finance Committee recommended approval of the agreement with
a 10% rate increase. The new rates would be: $382.80 per transport and
$191.40 per nontransport. Borgman moved for adoption. Werner seconded.
Fiedler expressed concern about the contract language and stated revisions
were needed for next year’s agreement. Motion carried 7-0.
Reso. #126-2007 - Approval of Fire Protection Agreement with Tess Corners
Volunteer Fire Department (July 1 to December 31, 2007). The Mayor stated
that the Finance Committee recommended approval of the agreement with the
last quarter payment left open. The Committee will review the payment in
October of 2007. Melcher moved for adoption. Borgman seconded. Fiedler
expressed the same concern about the contract language. Motion 7-0.
Reso. #127-2007 - Approval of Fire Protection Agreement with Muskego
Volunteer Fire Company (July 1 to December 31, 2007). Mayor Johnson stated
the Finance Committee recommended approval with the same revisions to this
agreement regarding the fourth quarter payment. Fiedler moved for adoption.
Borgman seconded. Fielder expressed the same concern about the contract
language. Motion carried 7-0.
Reso. #128-2007 - Authorization to Enter into Agreement with R. A. Smith &
Associates, Inc. for Municipal Engineering and Construction Inspection Services.
The Mayor stated that the Finance Committee recommended approval with the
addition of the words “that require review by the engineer” at the end of the first
sentence in Section 9 (Page 5). Borgman moved for adoption. Melcher
seconded. Fiedler moved to amend to add language to Section 5 C. that
the Engineer shall procure and maintain reasonably adequate insurance for
protection from claims. Melcher seconded. Melcher would like to see a
specific limit set. The City Administrator stated that determining specific amounts
for insurance coverage is difficult. She suggested that the Council move forward
to adopt the resolution and allow staff to determine the exact insurance
language. Fielder withdrew his motion and Melcher the second. Fielder
moved to amend the language in Section 5 C. subject to the City’s
insurance consultant recommending a specific limit for R. A. Smith to
procure and maintain insurance and that the City shall be named as an
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June 12, 2007
additional insured. Melcher seconded. Motion carried 7-0. Reso. #128-
2007, as amended, adopted 7-0.
REVIEW COMMITTEE REPORTS
Minutes of the 3/15/2007 Committee of the Whole, 5/1/2007 Plan Commission,
4/24/2007 and 5/8/2007 Finance Committee, 3/26/2007 Public Utilities
Committee, 3/13/2007 and 4/27/2007 Mayor’s Task Force, 3/12/2007
Conservation Commission, 4/25/2007 Library Board and 1/11/2007, 2/15/2007
and 3/8/2007 Teen Advisory Board were reviewed.
OLD BUSINESS
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). Second
Reading. Fiedler moved for adoption. Borgman seconded. Motion carried
7-0.
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). Second Reading. Borgman
moved for adoption. Melcher seconded. Borgman moved to defer. Fiedler
seconded. Motion carried 7-0.
NEW BUSINESS (Continued)
Ord. #1255 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Alesci Enterprises, Inc. - EA and SW to RSE and SW). First Reading.
Ord. #1254 - An Ordinance to Amend Chapter 38 of the City of Muskego
Municipal Code (Nonmetallic Mining). First Reading.
Ord. #1257 - An Ordinance to Amend chapter 18, Sections 18.50 and 18.90, of
the City of Muskego Municipal Code (Roadway and Utility Improvements
Surrounding New Developments). First Reading.
LICENSES
Melcher moved for approval of an Operator’s License for Matthew
Anderson, Beth Heinrich, John Hoeppner, Carrie McElroy, Adam
Malmquist, Nilam Patel, Parwinder Virk, Kayla Vogt, Samantha Weisheim
and approval to renew the following Operators’ Licenses: Patricia Becker,
Michael Bucek, Sarah Butke, Timothy Haak, John Krause, Robert Layne,
Amanda Mack, Debbie Mueller, Arvind Patel, Connie Pfaff, Leonard Pilak,
Natalie Rawski, Suzette Roushia, Belinda Smalley, Susan Sankey, Christine
Satterstrom, Judith Semrad, Tonya Trzecinski and Thomas Wilke. Werner
seconded. Motion carried 7-0.
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June 12, 2007
Borgman moved for approval of a Class “A” Retailer’s License for the Sale
of Fermented Malt Beverages for Shugal Group, Inc. (Citgo), S66 W14501
Janesville Road for 6/13/2007 to 6/30/2007. Melcher seconded. Motion
carried 7-0.
Melcher moved for approval of a Temporary Class “B” License for
Muskego Corvette Club for 8/25/2007. Borgman seconded. Motion carried
7-0.
Borgman moved for approval of an Outside Dance Permit and an
Amendment to Licensed Premise for Alpine Lanes for 6/23/2007. Schaefer
seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount
of $496,170.67. Borgman seconded. Motion carried 7-0. Schaefer moved
for approval of payment of Utility Vouchers in the amount of $111,892.45.
Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
County Supervisor Hammitt reported that the County Board passed a resolution
to reduce the speed on Racine Avenue as requested by the Council.
ADJOURNMENT
Melcher moved to adjourn at 8:47 PM. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer