CCM20070814
COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/28/2007
MINUTES OF MEETING HELD AUGUST 14, 2007
Mayor Johnson called the meeting to order at 7:40 PM. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko, and Snead, City Administrator Sheiffer,
Plan Director Muenkel, IS Director Sommers, City Attorney Molter, 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 8/10/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
A Certificate of Appreciation was presented to Mr. Robert Rammer for 26 years of
combined service to the Muskego Library Board and Police & Fire Commission.
Reso. #167-2007 - Recognition of 27 Years of Service - Judith Stuckart - Muskego
Police Department. Captain Geiszler and several representatives from the Police
Department were present. Fiedler moved for adoption. Snead seconded; motion
carried. Mayor Johnson presented the resolution to Judy.
Parkland Mall Site: The Mayor read a memo that he wrote regarding the development
of the Parkland Mall site. Ener-Con Company, Inc. made an offer to purchase the
property that was twice the assessed value with several contingencies. The offer was
accepted by Parkland Venture, Inc. Unfortunately, the deal fell through. It became
clear to the potential developers that the high asking price and poor soil conditions
would severely limit their profit outlook despite the fact that tax incremental financing
was pursued. The Mayor stated that while the community and its public officials are
frustrated that the property is not being developed, the City does not own it and has no
control over what the owner believes it is worth. The City will continue to work with the
owner and any developer interested in being a partner with the City in our downtown.
Until the property owner and a developer can come to a mutual agreement on the sale
of this site, our interests must wait. Regarding a question about the soil conditions, Plan
Director Muenkel stated that testing did not reveal anything hazardous. However, there
would be increased engineering costs to extract materials such as crushed aggregate
and cement.
Janesville Road Streetscape Project: Mr. Muenkel gave an update. It is anticipated
that approval of a contract with Planning Design Institute will be on the next Council
agenda. The firm would guide the City through the design aspects for items that it will
be responsible for such as landscaping and lighting. Public informational meetings will
be held to obtain input.
CONSENT AGENDA
Borgman moved to approve the Consent Agenda without Resolution #152-2007.
Melcher seconded. Motion carried 7-0.
The following items were approved:
7/24/2007 Common Council Minutes
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August 14, 2007
Reso. #153-2007 - Approval of an Extraterritorial Preliminary Plat - Foxwater Bay
Subdivision, Town of Waterford
Reso. #154-2007 - Approval of an Extraterritorial Final Plat - Foxwater Bay Subdivision,
Town of Waterford
Reso. #155-2007 - Approval of an Extraterritorial Certified Survey Map - Baranowski,
Town of Waterford
Reso. #156-2007 - Approval of Seven Extraterritorial Certified Survey Maps - L & T
Development, LLC, Town of Waterford
Reso. #157-2007 - Approval of Certified Survey Map - Klamrowski
Reso. #158-2007 - Approval of Revocable Occupancy Permit - Donovan (W155 S7664
Raintree Court)
Reso. #159-2007 - Award of Bid - Tess Corners Drive Box Culvert Replacement
Reso. #160-2007 - Acceptance of Proposal Submitted by Bonestroo, Inc. for the Tess
Corners Creek Stream Bank Stabilization Project
Reso. #161-2007 - Approval of Expenditure for Replacement E-Mail Server, Licensing
and Consulting
Reso. #162-2007 - Approval of Expenditure for E-Mail Archiving System - Intradyn
ComplianceVault
Reso. #163-2007 - Resolution to Amend the City’s Official Map Regarding Durham
Drive Realignment
Reso. #164-2007 - Approval of Reduction in Letter of Credit for Lindale Villas
Development
NEW BUSINESS
Reso. #152-2007 - Approval of Certified Survey Map - Knudsen. Melcher moved for
adoption. Borgman seconded. Melcher moved to defer because he wants to
inform his constituents in the area that connection to sewer will be required.
Borgman seconded. Plan Director Muenkel stated that the certified survey map would
create two lots. The smaller lot on Hillendale Drive would be serviced by municipal
sewer. The other lots along Hillendale Drive adjacent to this property are serviced by
municipal sewer. A note will be placed on the map that any future development or
construction on Lot 2 will require connection to municipal sanitary sewer because it is
within the sewer district. Motion to defer carried 7-0.
Reso. #165-2007 - A Resolution Allowing a Developer to Begin Official Proceedings for
a Tax Incremental Finance District Within the City of Muskego. Borgman moved for
adoption. Melcher seconded. Mr. Muenkel stated the proposed development would
be along the west side of Moorland Road. However, it is possible that other parcels
could be added in the future. The resolution outlines the City’s financial consultant and
what would be required of the developer. Adoption of this resolution does not approve a
TIF district. Mr. Muenkel stated that the City might be interested in using TIF funds to
finance improvements that could promote further development within the area. The
Plan Commission would be the recommending body. Motion carried 7-0.
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August 14, 2007
Reso. #166-2007 - Approval of Subdivider’s Agreement and Letter of Credit - Belle
Chasse Subdivision #1. Borgman moved for adoption. Schaefer seconded. Mr.
Muenkel stated that in the past these items were approved in conjunction with the final
plat. With this subdivision, the order of events would be different. The developer would
be required to substantially complete the subdivision prior to approval and recording of
the final plat. This provides more security for potential buyers. The developer would
not be allowed to sell lots until the required improvements are completed and accepted
by the City. While this approval process is different, many other communities follow this
procedure. The City’s existing ordinances allow this process. Motion carried 7-0.
REVIEW OF COMMITTEE REPORTS
Minutes of the 7/10/2007 Finance Committee, 7/17/2007 Plan Commission, 6/18/2007
Public Works Committee and 6/27/2007 Library Board 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 7/24/2007.
Fiedler moved to defer. Werner seconded; motion carried
Ord. #1259 - An Ordinance to Amend the Zoning Map of the City of Muskego and the
2010 Comprehensive Plan (Villages of Muskego Lakes Partnership/Muirfield
Development - RM-1, B-4 and A-1 to RM-1 and RM-1, B-4 and A-1 to B-4). On the
floor, deferred 7/24/2007. Mr. Muenkel stated that about a month ago the Plan
Commission deferred this issue and requested the petitioner submit a revised plan that
depicts an amount of buildable commercial zoning equal to the amount that currently
exists. The developer’s new proposal actually contains two acres less of commercial
zoning. In addition, the land is shown on the eastern portion along Loomis. Mr.
Muenkel noted that the developers previously stated that commercial use in that area
was not viable because of wetlands and the DOT denying access. For these reasons,
the Plan Commission recommended denial. Mr. Muenkel has been in contact with the
developers and they have requested the opportunity to submit another proposal.
Fiedler expressed concern about continuous deferrals to allow the developer to submit
new proposals without giving the public the opportunity to review and comment on
them. He supports another public hearing. Werner moved to refer the issue back to
the Plan Commission. Melcher seconded. Motion carried 7-0.
Ord. #1260 - An Ordinance to Adopt the 2007 - 2011 Parks and Conservation Plan and
to Amend Chapter 41, Section 41.06, of the Municipal Code of the City of Muskego
(Components of the Comprehensive Plan). Second Reading. Fiedler moved for
adoption. Pavelko seconded. Motion carried 7-0.
Ord. #1261 - An Ordinance to Amend Chapter 18, Sections 18.22, 18.31 (2)(e), 18.32
(1)(h), 18.32 (2)(h), of the Municipal Code of the City of Muskego (Letter of Credit
Amounts for Public Improvements). Second Reading. Fiedler moved for adoption.
Borgman seconded. Mr. Muenkel stated further research supports that amending the
amount to 120% is more reasonable and still adequately protects the City. The initial
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August 14, 2007
proposal to amend the amount to 125% was found to be on the high end. Mayor
Johnson stated that these costs are ultimately passed on to the consumer. Borgman
moved to amend the amount (125%) to 120%. Pavelko seconded. Motion carried
7-0. Ord. #1261, as amended, adopted 7-0. Mr. Muenkel was dismissed.
Reso. #106-2007 - Establishing An Ad Hoc Committee to Make Recommendations on
Addressing the Fire Study Recommendations Found in the April, 2007 Master Plan for
the Provision of Fire/Rescue Service. On the floor, deferred 5/8/2007. Borgman
moved to defer to the first Council meeting in November. Fiedler seconded;
motion carried.
Ord. #1262 - An Ordinance to Amend Chapter 8 to Delete Section 8.025 of the
Municipal Code of the City of Muskego (Driveway Construction to Streets and Alleys
Containing Curb and Gutter). First Reading.
LICENSES
Melcher moved for approval of an Operator’s License for Jacob Becker, Marilyn
Hagen, Margaret Kellner, Stephanie Komassa, Arwen Lottman, Patrick Murphy,
Manoj Patel and Jessica Walden and approval to renew the following Operators’
Licenses: Shirley Knight and Kim Weigold. Borgman seconded. Motion carried
7-0.
Borgman moved for approval of a “Class B” Retailers’ License for the Sale of
Fermented Malt Beverages and Intoxicating Liquor for The Gingerbread Farm
House, LLC, S63 W16147 College Avenue, Tharasa Bohrer, Agent. Werner
seconded; motion carried.
Borgman moved for approval of a change of agent for Club Durham, Inc. to
Richard A. Andrews. Melcher seconded; motion carried.
Melcher moved to approve an amendment to the licensed premise for Beef’s-
Muskego, Inc., W189 S7761 Racine Avenue, to include seasonal outdoor seating.
Werner seconded; motion carried.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$4,586,821.75. Borgman seconded. Motion carried 7-0. Schaefer moved for
approval of payment of Utility Vouchers in the amount of $114,134.48. Pavelko
seconded. Motion carried 7-0. Melcher moved for approval of Tax Settlements in
the amount of $1,161,004.10. Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
Ald. Melcher gave an update regarding the Library survey. Ald. Werner noted that all
the subcommittees of the Mayor’s Task Force have been formed. The study groups
have begun to meet.
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August 14, 2007
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Melcher, Schaefer and Pavelko are coordinating a tour of Big Muskego Lake. Ald.
Werner is coordinating a tour of Little Muskego Lake.
CLOSED SESSION
Borgman 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 discussion regarding
performance and compensation for City Administrator. Schaefer seconded.
Motion carried 7-0. The City Administrator and Clerk-Treasurer were dismissed.
Fiedler moved to reconvene into open session. Schaefer seconded; motion
carried.
ADJOURNMENT
Snead moved to adjourn at 9:25 PM. Pavelko seconded; motion carried.
Janice Moyer, CMC
Clerk-Treasurer