CCM20070925
COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/09/2007
MINUTES OF MEETING HELD SEPTEMBER 25, 2007
Mayor Johnson called the meeting to order at 7:45 p.m. Present were Ald. Fiedler,
Schaefer, Melcher, Werner, Borgman, Pavelko and Snead, City Administrator Sheiffer,
City Attorney Molter, Plan Director Muenkel, Assessor Mecha, City Engineer White, 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
9/21/2007, and as amended on 9/24/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #179-2007 - Recognition of 30 Years of Service - Matt Bennett - Parks and
Recreation Department. Borgman moved for adoption. Melcher seconded. Motion
carried 7-0. Mayor Johnson congratulated Mr. Bennett who was not present.
Reso. #180-2007 - Recognition of 25 Years of Service - Laura L. Mecha. Borgman
moved for adoption. Melcher seconded. Motion carried 7-0. The Mayor
congratulated Assessor Mecha and presented the resolution to her.
Reso. #181-2007 - Resolution to Support the Creation of the Muskego Task Force on
Public Safety Education, Inc. Det. Lt. Constantineau was present for this issue and
provided a brief explanation about the creation of the task force. Borgman thanked
Det. Lt. Constantineau and moved for adoption. Schaefer seconded. Motion
carried.
PUBLIC COMMENT
The following individuals spoke in support of Ord. #1254 (Oschmann - BL-2 to RM-2
and BL-2 to RS-3):
Steve Oschmann, S79 W15851 Aud Mar Drive
Bob Sorensen, S79 W16227 Bay Lane Place
Paul Lewandowski, S79 W15683 Aud Mar Drive
David Prunuske, S79 W16511 Woods Road
Leonard Pilak, W165 S8108 Kurtze Lane
Maggie Richardson, S79 W15779 Aud Mar Drive
Maggie Richardson spoke in favor on behalf of
Tom and Shelley Andersen, S79 W15750 Aud Mar Drive
Jane Leto, S79 W15852 Aud Mar Drive
Robert Pelzmann, S79 W15779 Aud Mar Drive
Michael Plumley, W156 S7988 Audrey Court
Benjamin West, S79 W15780 Aud Mar Drive
Perry Picord, S79 W15820 Aud Mar Drive
Tom Kies, S79 W16099 Bay Lane Place
Perry and Ann Kanelos, S79 W15821 Aud Mar Drive, submitted a Public Comment form
noting their support of Ord. #1254, but did not wish to speak.
Common Council Minutes Page 2
September 25, 2007
The following individuals spoke in opposition of Ord. #1254 (Oschmann - BL-2 to RM-2
and BL-2 to RS-3):
Dianne Wehr, W166 S8304 Kurtze Lane
Michael Wehr, W166 S8304 Kurtze Lane
Mark Laehn, W165 S8254 Kurtze Lane
Denise Marisch, S79 W15725 Aud Mar Drive
Janet Laehn, W165 S8254 Kurtze Lane, submitted a Public Comment form noting her
opposition to Ord. #1254, but did not wish to speak.
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). Possible Reconsideration. Atty.
Molter stated that the ordinance could be reconsidered, but it is his recommendation
that the petition to rezone the property should start over. He noted that reconsideration
of an item is not governed by law, but internal procedures. Snead moved to
reconsider Ord. #1254. Werner seconded. Motion carried with Fiedler, Werner,
Borgman, Pavelko, and Snead voting yes, and Schaefer and Melcher voting no.
Ord. #1254, on the floor as amended 9/11/2007. Fiedler stated he will vote in the
affirmative for the reasons stated at the last meeting, which include the unanimous
recommendation to approve by the Plan Commission, removal of a commercial use on
the lake, prevention of public lake access, proposal complies with the current Comp
Plan, and allowing the existing structure to remain creates the least impact on the
surrounding properties. Fiedler further stated that he supports the rezoning based on
the information contained in the May 31, 2007 letter from Atty. Molter. Schaefer stated
she could support the rezoning because as Atty. Molter pointed out in the May 31
correspondence, the facts regarding the rezoning of this property are distinguishable
from any other property on Bass Bay. She noted that many of her constituents were
concerned that the rezoning would set a precedent but the City Atty. has outlined facts
that support it would not. Melcher has not changed his mind; he still opposes the
rezoning for the reasons stated at the last meeting. Werner stated he has not changed
his mind; he is in favor of the project for the reasons stated by Atty. Molter and Ald.
Fiedler. The quality of life in the area will be enhanced and this will not set a precedent.
He is not in favor of tearing down the existing structure. Borgman stated he is still
against. He interprets the proposal to be in conflict with the existing Comp Plan.
Pavelko stated he supports the rezoning. He requested privilege of the floor for Plan
Director Muenkel. There were no objections. Mr. Muenkel stated the proposal for six
units falls within the density calculations of the 2010 Comp Plan. Pavelko stated that
future plans would be reviewed on their own merits; he does not believe approval would
set a precedent. Snead stated she has reviewed the facts. She does not like the
proposal for condos but prefers the density of six units to the alternative. If the rezoning
is not approved, Mr. Oschmann could potentially develop seven to eight homes, which
would require a public lake access. The bay is small and she is concerned about
increasing the density. Snead also is more comfortable about approval not setting a
precedent because of facts outlined by Atty. Molter. Ord. #1254 adopted with Fiedler,
Schaefer, Werner, Pavelko, and Snead voting yes and Melcher and Borgman
voting no. (May 31, 2007 Letter and attachment from Atty. Molter follow and are
incorporated into these minutes.)
Common Council Minutes Page 3
September 25, 2007
Borgman moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(g) Conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by the body
with respect to litigation in which it is or is likely to become involved, more
specifically Richard Lucht Easement Matter. Schaefer seconded. Motion carried
7-0.
Borgman moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(g) Conferring with legal counsel for the governmental body who is
rendering oral or written advice concerning strategy to be adopted by the body
with respect to litigation in which it is or is likely to become involved, more
specifically Parkland Venture 2006 Assessment Matter. Melcher seconded.
Motion carried 7-0.
The Clerk-Treasurer, City Administrator, Atty. Molter and Atty. Ray Pollen were present
for both closed sessions.
Snead moved to reconvene into open session. Pavelko seconded. Motion
carried 7-0.
CONSENT AGENDA
Schaefer requested that Reso. #182-2007 be removed from the Consent Agenda.
Borgman moved to approve the Consent Agenda with the exception of Reso.
#182-2007. Melcher seconded. Motion carried 7-0.
The following items were approved:
Common Council Minutes of 9/11/2007
Reso. #183-2007 - Approval of Certified Survey Map - Scholfield and Plumley.
Reso. #184-2007 - Acceptance of Proposal Submitted by Ruekert/Mielke for Design and
Construction Services for Well No. 13 Pump Station.
Reso. #185-2007 - Resolution Accepting Dedication of Public Improvements Along
Martin Drive and Within the Lindale Villas Condominium Development Located West of
Martin Drive.
NEW BUSINESS
Reso. #182-2007 - Authorization to Enter Into Participation Agreement for Formation of
Cable Legislation Group. Borgman moved for adoption. Melcher seconded.
Schaefer stated that she would abstain because of her employer. Motion carried 6 in
favor and 1 abstention.
Common Council Minutes Page 4
September 25, 2007
REVIEW OF COMMITTEE REPORTS
Minutes of the 8/28/2007 Finance Committee, 8/20/2007 Public Utilities Committee,
8/13/2007 Parks and Recreation Board, 8/13/2007 Park Arthur Master Plan Meeting
and 8/28/2007 Committee of the Whole were reviewed.
OLD BUSINESS
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, deferred
9/11/2007. Fiedler moved to defer. Werner seconded; motion carried.
Ord. #1265 - An Ordinance to Repeal and Recreate Chapter 22 of the Municipal Code
of the City of Muskego (Fair Housing Code). Second Reading. Werner moved for
adoption. Pavelko seconded. Motion carried 7-0.
NEW BUSINESS (Continued)
Reso. #186-2007 - Final Resolution Levying of Special Assessments Against Benefited
Property for the Lakewood Meadows Detention Pond Rehabilitation Project. Borgman
moved for adoption. Melcher seconded. Borgman would like the property owners to
have the option to pay the assessment in installments. Werner stated this was not a
City project. The property owners knew that the assessment would be coming. He
encourages adoption of the resolution as it is. If deferred, the City will not recover its
money until 2008. Fiedler also supported the resolution as is unless a commitment was
made to allow installments. City Engineer White suggested amending the resolution to
incorporate whatever payment plan the Council prefers. The Clerk-Treasurer stated
that the City does not have a policy in place regarding assessments for this type of
project. Borgman stated other projects of this type will probably be done in the future
and how this assessment is handled will be reviewed. Borgman moved to amend the
resolution to change November 1, 2007 in Paragraph 6 to November 1, 2008.
Fiedler seconded. Melcher does not support making the due date 2008 especially in
light of difficult budget times. The Mayor stated that the problem with this particular
project is the timing. The property owners have to receive notification by October 1 of
this year for the assessment to go on the 2007 tax bill if not paid by November 1.
Melcher stated this would set a precedent. Motion carried 6 in favor and Melcher
voting no. Reso. #186-2007, as amended, adopted 7-0.
Reso. #188-2007 - Approval of Perpetual Gas Main Easement to WE Energies -
Hillendale Drive and Racine Avenue. Borgman moved for adoption. Werner
seconded. Motion carried 7-0.
Reso. #189-2007 - Resolution Accepting Dedication of Water Main from Maritime
Savings Bank at S74 W17095 Janesville Road. Melcher moved for adoption.
Borgman seconded. Motion carried 7-0. City Engineer White was dismissed.
Reso. #187-2007 - Approval of 2007 Capital Budget Purchase for Tess Corners
Volunteer Fire Department (Replacement Generators for Stations #1 and #2). Werner
Common Council Minutes Page 5
September 25, 2007
moved for adoption. Snead seconded. The Mayor noted that the Finance
Committee recommended the inclusion of a 10% contingency. Motion carried 7-0.
Ord. #1266 - An Ordinance to Establish Salaries for Certain Elected Officials (Municipal
Judge and Aldermen Districts 1, 3 and 5. First Reading.
LICENSES
Melcher moved for approval of an Operator’s License for Margo Bennett, Alyssa
Harvey, Rachel Keller, Keri Luecht, Conn McCreary, Kelly Metz, Debra Nuetzel,
Ramubhai Patel, Jacqueline Robinson, Laurel Schuelke, Angela Sternig, and
Brenda Terp. Werner seconded. Motion carried 7-0.
Werner moved for approval of a Temporary Class “B”/“Class B” Retailers’
License for the Muskego Area Chamber of Commerce for 12/1/2007. Borgman
seconded. Motion carried 7-0.
VOUCHER APPROVAL
Melcher moved for approval of payment of General Vouchers in the amount of
$469,314.99. Borgman seconded. Motion carried 7-0. Schaefer moved for
approval of payment of Utility Vouchers in the amount of $83,699.14. Borgman
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The October calendar was reviewed.
CLOSED SESSION
Borgman moved to convene into closed session at 9:48 p.m. 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.
Fiedler seconded. Motion carried 7-0. The City Administrator, Clerk-Treasurer and
Atty. Molter were dismissed.
OPEN SESSION
Borgman moved to reconvene into open session. Fiedler seconded; motion
carried.
ADJOURNMENT
Snead moved to adjourn at 10:10 PM. Fiedler seconded; motion carried.
Janice Moyer, CMC
Clerk-Treasurer