CCM20070710
COMMON COUNCIL - CITY OF MUSKEGO Approved: 07/24/2007
MINUTES OF MEETING HELD JULY 10, 2007
Mayor Johnson called the meeting to order at 7:39 PM. Present were Ald.
Fiedler, Schaefer, Melcher, Werner, Borgman, Pavelko, and Snead, City
Administrator Sheiffer, Plan Director Muenkel, City Attorney Alexy, and Deputy
Clerk Blenski. Those present recited the Pledge of Allegiance. The Deputy
Clerk stated that the meeting was noticed in accordance with the open meeting
law on 7/6/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Johnson reported that a thank you note was received from the Muskego
Historical Society for the receipt of a surplus computer. The City Administrator
has suggested that the City Newsletter be done in conjunction with the Parks &
Recreation Program Guide to reduce costs. Feedback should be forwarded to
the Mayor. If any Council member wants an update regarding the landfill lawsuit,
he/she should contact the Mayor. Interviews will be conducted on Wednesday,
7/11, for the Janesville Road Streetscaping project. The Mayor acknowledged
the efforts of the Mayor’s Task Force on Economic Development and the
contribution from In Pro Corporation of over $4,000 to advertise for citizen input
on the redevelopment of the downtown area. Citizen participation is needed.
PUBLIC HEARING
The Deputy Clerk read the public hearing notice to consider the petition of
Villages of Muskego Lakes Partnership to rezone property on Loomis Road from
RM-1 Multiple Family Residence District, B-4 Highway Business District and A-1
Agricultural District to RM-1 Multiple Family Residence District for the purpose of
a future multifamily development and to rezone property from RM-1 Multiple
Family Residence District, B-4 Highway Business District and A-1 Agricultural
District to B-4 Highway Business District for the purpose of a future commercial
development. Both of the above noted zoning districts already exist and this
request is adjusting the existing zoning lines between the RM-1 and B-4 districts.
Also, portions of the affected areas contain a Wellhead Protection Overlay
District. A 2010 Comprehensive Land Use Plan amendment is also required as
part of the rezoning request.
Plan Director Muenkel stated the rezoning petition is for the Muirfield
Development proposed by Villages of Muskego Lakes Partnership or Burke
Properties. The request is to adjust the existing zoning lines of RM-1, B-4 and
A-1. The proposal would also require an amendment to the 2010
Comprehensive Plan. The RM-1 district allows 1 unit of multifamily per 5,000 sq.
ft. of land area. The new RM-1 district that is proposed would allow 27 more
units. However, the developers are proposing 175 units, which is substantially
less than what would be allowed under the existing RM-1 district. Mr. Muenkel
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July 10, 2007
noted that the proposed ordinance does contain language that would require a
determination by the Common Council if the developer chose not to conform to
the conceptual plan of 175 units.
Mr. Muenkel stated that the Common Council reviewed a rezoning petition
submitted by the developers in January, 2006. The petition was to rezone the
same parcel to all multifamily. The Plan Commission and Common Council
denied the request because it was believed the B-4 zoning in the area should be
maintained. The Common Council then reviewed and amended the 2010
Comprehensive Plan to reflect commercial use in this area. The developers are
proposing B-4 zoning although the total has been decreased by approximately 6
acres. The developers do not believe commercial use on the eastern portion of
the property is viable as direct access off of Hwy. 36 is not permitted. The
Wisconsin Dept. of Transportation (WDOT) has confirmed that at this point the
only access point for this parcel to Hwy. 36 is the existing one that leads into
Muskego Lakes Country Club. Mr. Muenkel stated that the issue would have to
be reviewed with the WDOT as the development progresses through the various
approval stages.
Michael Cowling, W130 S9571 Jimmy Demaret Drive, stated he was the
president of the Champions Village Homeowners’ Association. He stated he
would speak on behalf of the association, which was opposed to the rezoning.
The association was not in favor of the 2006 rezoning petition, which was
defeated. The issues and concerns expressed at that time were:
density of the development
size, quality and price of the units
sewer, water, storm water, runoff and traffic
percentage of wetlands and how much is suitable for development
The Board of Directors of the Association met with John Burke III to review the
new proposal. The Board determined that none of the previous issues and
concerns had been addressed. The new proposal has more units on less land
and the amenities of the first proposal have now been eliminated. There is a
concern that the existing real estate market will not be able to absorb the
increased number of condos that are being proposed and built. Another major
concern is the increased traffic that a multifamily development would bring to the
area. The association does not believe that the golf course road can support the
increased traffic safely and efficiently during busy times. Realtors have advised
the association that the proposed development would have a negative effect on
the Champions Village property values. The association believes that the
number of units should be reduced and restricted to side-by-side structures.
Bob Bejcek, S97 W13629 Stonebridge Way, stated he was the president of the
Stonebridge Homeowners’ Association. He stated the way it was originally
zoned and proposed would be consistent with all the growth, positive impact on
land and would not decrease the commercial area. The other concern is that
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July 10, 2007
Golf Course Road would run into Stonebridge Way, which would create a major
traffic impact.
Mark Taylor of Land Craft Survey and Engineering was present on behalf of his
client, John Burke III. A full delineation of the wetlands on the property has been
completed as well as a topographical survey and tree survey. Mr. Taylor
confirmed that the WDOT would only permit one access based on the actual
density of the development. There is no intention to connect to Stonebridge
Way. His client believes that the development will meet the market demands of
the area. How the development affects property values of the surrounding area
is subjective. The intention is to create the best development with minimal
impact on the existing environmental features.
Mayor Johnson noted that e-mail correspondence was received from Jon and
Candy Johnson, W139 S9719 Rockridge Ct. The Deputy Clerk read the
correspondence submitted which indicated that the property owners were against
the proposed development in its current form.
The Mayor noted that the Plan Commission would review the rezoning petition at
its meeting on Tuesday (7/17). The Council would not be taking any action this
evening on the rezoning ordinance. The hearing was declared closed at 8:07
PM. The Council took a short recess.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda. Schaefer seconded.
Motion carried 7-0. The 6/26/2007 Common Council minutes were
approved.
REVIEW COMMITTEE REPORTS
Minutes of the 6/12/2007 Committee of the Whole, 6/12/2007 Finance Committee
and 5/21/2007 Mayor’s Task Force were reviewed.
OLD BUSINESS
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). On the floor, deferred 6/26/2007.
Borgman moved to defer. Snead seconded; motion carried
Ord. #1258 - An Ordinance to Repeal and Recreate Chapter 29 of the City of
Muskego Municipal Code (Erosion Control). Second Reading. The Mayor stated
that the ordinance was being adopted under §66.0103. Fiedler moved for
adoption. Snead seconded. Melcher expressed concern that eliminating the
surety bond could result in noncompliance. The Mayor stated that there is an
existing process to deal with any violations. The proposed ordinance is an
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July 10, 2007
attempt to eliminate the cost of the bond to the homeowner as well as the cost to
the City to administer the process. Most property owners plant grass timely
because it is part of the overall investment they have in their homes. Motion
carried 7-0.
NEW BUSINESS
Reso. #139-2007 - A Resolution Amending the 2006 Budget of the City of
Muskego. Borgman moved for adoption. Melcher seconded. Motion
carried 7-0.
Reso. #140-2007 - Approval of City’s Contribution (37.75%) Toward the Final
Paving Cost at the Muskego High School Athletic Facilities. The Mayor stated
the construction and payment of the athletic facilities project has been a joint
effort between the City and School District. The parking lot paving is the final
item to be completed. The School District just voted in favor of their portion of
the cost share. Borgman moved for adoption. Werner seconded. Motion
carried 7-0.
LICENSES
Melcher moved for approval of an Operator’s License for Robin Groh,
Kortni Librizzi, Samuel Martin, Jared Schilling and Michelle Swette and
approval to renew the following Operators’ Licenses: Ronald Betker, Jean
Boettcher, Kathy Burk, Lynn Cira, Roselee Crnkovich, Marianne Ekstrand,
Jeffery Fohr, Vicki Greggs, Candyce Guenzler, Michael Hoffman, Mary
Jender, Kathleen Karcher, Charles Kempf, April Kennedy, Sara Korotka,
Wendy Kurt, James Lovald, Nicole Lueck, John Lufkin, Rhonda Mead,
Rachelle Moore, John Orlando, John Rath, Linda Rondeau, Maria Sosa, Jill
Stelmaszewski, Jeff Strasser, John Strasser, Kimberly Verburgt, Tina
Verhalen and approval of a Temporary License for James Brinks. Werner
seconded. Motion carried 7-0.
Werner moved for approval of Class C Dance and Temporary Class
“B”/“Class B” Licenses for Muskego Community Festival, Inc. for
8/24/2007, 8/25/2007 and 8/26/2007. Schaefer seconded. Motion carried 7-0.
Borgman moved for approval of a Waterway Marker for Muskego Shore
Community Association, Inc. Melcher seconded. Motion carried 7-0.
It was noted that the approved dates for the Outside Dance Permit and
Amendment to Licensed Premise for Vera Pires (Spitfires Food & Spirits) should
be September 7, 8 and 9, 2007 and not September 8, 9 and 10.
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July 10, 2007
VOUCHER APPROVAL
Borgman moved for approval of payment of General Vouchers in the
amount of $393,571.86. Melcher seconded. Motion carried 7-0. Borgman
moved for approval of payment of Utility Vouchers in the amount of
$38,057.39. Schaefer seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
Ald. Melcher reported that the Library Board is sending a survey to 2,200 patrons
chosen on a random basis. The survey is also available at the library. Ald.
Werner stated he would coordinate the tours of Big Muskego and Little Muskego
Lakes.
ADJOURNMENT
Snead moved to adjourn at 8:36 PM. Pavelko seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk