CCM20070911
COMMON COUNCIL - CITY OF MUSKEGO Unapproved
MINUTES OF MEETING HELD SEPTEMBER 11, 2007
Mayor Johnson called the meeting to order at 7:35 PM. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko and Snead, City Administrator Sheiffer,
City Attorney Molter, and Clerk-Treasurer Moyer. Those present recited the Pledge of
Allegiance. The Mayor called for a moment of silence to reflect on the sixth anniversary
of 9-11. The Clerk stated that the meeting was noticed in accordance with the open
meeting law on 8/24/2007.
PUBLIC COMMENT
The following individuals spoke in opposition of Ord. #1254 (Oschmann - BL-2 to RM-2
and BL-2 to RS-3), primarily because of the proposed multifamily housing:
Janet Laehn, W165 S8254 Kurtze Lane
Mark Laehn, W165 S8254 Kurtze Lane
Wendy Sleight, W156 S7984 Audrey Court
Tom Sowinski, S79 W15907 Aud Mar Drive
Paul Conrardy, W156 S7977 Audrey Court
Maria Sowinski, S79 W15907 Aud Mark Drive
CONSENT AGENDA
Borgman moved to approve the Consent Agenda. Werner seconded. Motion
carried 7-0.
The following items were approved:
8/28/2007 Common Council Minutes
Reso. #173-2007 - Resolution to Set Public Hearing Date for 2008 Budget
Reso. #174-2007 - Approval of City of Muskego/Muskego-Norway School District
General Facility Agreement
Reso. #175-2007 - Resolution Authorizing the Donation of Land to Waukesha County
for the Reconstruction of Racine Avenue and Hillendale Drive
REVIEW OF COMMITTEE REPORTS
Minutes of the 8/14/2007 Finance Committee, 8/14/2007 Committee of the Whole,
8/7/2007 Plan Commission, 6/29/2007 Mayor’s Task Force, 6/4/2007 Conservation
Commission, 7/25/2007 Library Board and 7/26/2007 Muskego Senior Focus
Committee 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 8/28/2007. The
following comments were stated: Melcher - will vote no because he would like the
Common Council Minutes Page 2
September 11, 2007
property to remain commercial. Borgman - will vote no because the proposal goes
against the Comprehensive Plan. Werner - has listened to citizen input, which appears
to be split 50-50. He supports the rezoning and does not believe it will set a precedent
for additional condo units in the area. Snead - will vote no because it does not follow
the 2010 Comprehensive Plan. Atty. Molter stated that according to the Plan Director
the Comp Plan calls for residential development of the property. Schaefer -
approximately 2/3 of her constituents in the area are opposed to the rezoning. Their
concerns are lake access, parking, the rezoning would set a precedent for additional
multifamily housing in the Bass Bay area, it does not meet the Comprehensive Plan
because of the proposed multifamily use. The Council has to look at the big picture.
Fiedler - the Plan Commission unanimously recommended approval after much
discussion and effort. He is disappointed that several Council members have chosen to
disregard that recommendation. Many of his constituents support the proposal because
the use will go from commercial to residential and there will be less traffic. Pavelko -
supports the proposal because it is a good compromise. He does not believe it will set
a precedent because all future rezoning petitions will be reviewed on their own merit.
Fiedler moved to amend the ordinance to reflect the recommendation of the Plan
Commission: Section 4 to read as follows: “This ordinance is in full force and
effect from and after passage and publication subject to and Council approval of
the Condominium Plat, and Certified Survey Map Deed Restriction restricting the
amount of condo units to four in the existing restaurant structure and all of said
condo units having lake access and also prohibiting any lake access to any
single family dwellings or any other type of development on the remainder of the
property” and to amend Section 5 to read: “The rezoning lines of RM-2 and RS-3
shall follow the property lines of a future Certified Survey Map and will slightly
adjust from the Sections 1 and 2 above, so the RM-2 zoned parcel will encompass
the entire lake frontage.” Werner seconded. Motion carried 7-0. Ord. #1254, as
amended, failed with Schaefer, Melcher, Borgman and Snead voting no and
Fiedler, Werner and Pavelko voting yes.
Ord. #1259 - An Ordinance to Amend the Zoning Map of the City of Muskego and 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, referred back
to the Plan Commission 8/14/2007. Fiedler moved to defer. Schaefer seconded;
motion carried.
Ord. #1263 - An Ordinance to Amend Chapter 12, Sections 12.01(3), 12.01(5),
12.01(10) and to Repeal and Recreate Section 12.01(6) and to Create Sections
12.01(6.3), 12.01(6.5) and 12.01(6.7) of the Municipal Code of the City of Muskego
(Licensing Sales of Alcoholic Beverages). Second Reading. Borgman moved for
adoption. Pavelko seconded. Motion carried 7-0.
Ord. #1264 - An Ordinance Creating Sections 1.9(4) and (5) of the Municipal Code of
the City of Muskego to Provide for the Canvassing of Absentee Ballots for All Elections
in the City of Muskego by the Municipal Board of Absentee Ballot Canvassers. Second
Reading. Borgman moved for adoption. Melcher seconded. Motion carried 7-0.
Common Council Minutes Page 3
September 11, 2007
NEW BUSINESS
Reso. #177-2007 - Approval of Amendment to Lake Meadows Declaration of Water
Trust. Werner moved for adoption. Schaefer seconded. Motion carried 7-0.
Reso. #178-2007 - Approval of Purchase of Optical Scan Insight Tabulator for the
Processing of Absentee Ballots. Borgman moved for adoption. Werner seconded.
Motion carried 7-0.
Ord. #1265 - An Ordinance to Repeal and Recreate Chapter 22 of the Municipal Code
of the City of Muskego (Fair Housing Code). First Reading.
LICENSES
Borgman moved for approval of an Operator’s License for Nancy Drahos, Wayne
Lesperance and Julie Thomas and approval to renew an Operator’s License for
Sandra Keller. Melcher seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$664,599.76. Borgman seconded. Motion carried 7-0. Schaefer moved for
approval of payment of Utility Vouchers in the amount of $29,200.03. Borgman
seconded. Motion carried 7-0. Melcher moved for approval of Tax Checks in the
amount of $1,529.60. Borgman seconded. Motion carried 7-0. Borgman moved
for approval of Big Lake vouchers in the amount of $1,207.70. Melcher seconded.
Motion carried 7-0.
CITY OFFICIALS’ REPORTS
City Administrator Sheiffer stated the review of the budget process begins with the
Committee of the Whole meeting scheduled for 9/13.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Melcher noted that the Employee Picnic would be held later in the week and expressed
appreciation to the employees.
CLOSED SESSION
Borgman moved to convene into closed session at 8:27 PM 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.
Melcher seconded. Motion carried 7-0. The City Administrator, Clerk-Treasurer and
Atty. Molter were dismissed.
Common Council Minutes Page 4
September 11, 2007
OPEN SESSION
Borgman moved to reconvene into open session. Werner seconded; motion
carried.
ADJOURNMENT
Snead moved to adjourn at 9:15 PM. Fiedler seconded; motion carried.
Janice Moyer, CMC
Clerk-Treasurer