CCM20071009
COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/23/2007
MINUTES OF MEETING HELD OCTOBER 9, 2007
Council President Melcher called the meeting to order at 7:39 p.m. He noted that the
Mayor was on vacation. Present were Ald. Fiedler, Schaefer, Werner, Borgman,
Pavelko and Snead, City Administrator Sheiffer, City Attorney Molter, Plan Director
Muenkel, 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 10/5/2007.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #190-2007 - Honoring Muskego AFS USA Student Emma DeWolf. Borgman
moved for adoption. Schaefer seconded. Motion carried 7-0. Ald. Melcher
presented the resolution to Emma, who is visiting from Turnhout, Belgium.
PUBLIC COMMENT
The following registered to speak regarding first reading of Ord. #1268 :
Suzi Link-Manson, W172 S7297 Lannon Drive. She objects to the proposal to change
the position of Mayor to full time. The position was changed to part time based on the
advisory referendum held in 2006. Another referendum should be held if the position
will be changed.
Nancy Salentine, W174 S7482 Michi Drive. The citizens overwhelmingly spoke in 2006
for the position to become part-time. This was due to the fact that the City hired an
administrator. The City Administrator position is important and provides continuity. She
objects to changing the position back to full time.
PUBLIC HEARINGS
The Clerk-Treasurer read the public hearing notice to consider the petition of Villages of
Muskego Lakes 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. A 2010 Comprehensive Land Use Plan
amendment is also required as part of the rezoning request.
Plan Director Muenkel stated the property is located along Loomis Road, just southwest
of Champions Village. The petitioner is proposing a readjustment of the existing zoning
lines to keep the RM-1 and B-4 zoning districts in place. This is the second public
hearing regarding rezoning of this property; a new petition to readjust the zoning lines
has been submitted. Because the new proposal is substantially different from the
original, the Plan Commission required another public hearing be held.
The RM-1 zoning district allows one unit per 5,000 square feet of land area. Currently,
the developer is showing the RM-1 district to have a total of approximately 25.5 net
Common Council Minutes Page 2
October 9, 2007
acres, which yields 222 units. That number would be further reduced once factors such
as roadway and storm water ponds are considered. The developer is not requesting a
specific number of multifamily units as part of the revised rezoning petition. Upon
reviewing the initial rezoning petition, the Plan Commission wanted to make sure that
the amount of net acreage in each zoning district (RM-1 and B-4) remained comparable
to what exists.
Michael Cowling, W130 S9571 Jimmy Demaret Drive, stated he was present on behalf
of the Champions Village Homeowners’ Assn. He stated that the homeowners’
association remains opposed to any zoning change to land along Hwy. 36 from the
Champions Village entrance to the golf course road that is currently zoned B-4. The
concerns are: increased traffic and safety (traffic impact study should be done),
proposed multifamily units would adversely affect their property values.
Candy Johnson, W139 S9719 Rockridge Court, stated she is a board member of the
Stonebridge Homeowners’ Assn. The residents of Stonebridge agree with Champions
Village.
Mark Taylor was present at a representative of Burke Properties. He believes that the
new proposal meets the requests of the City.
In addition to those who spoke, the following submitted a Public Comment form
indicating they were opposed to the Muirfield proposal:
Jon Johnson, W139 S9719 Rockridge Court
Charles Lustig, S97 W13767 Stonebridge Way
Ald. Melcher declared the hearing closed at 8:10 p.m.
The Clerk-Treasurer read the public hearing notice to consider the petition of James
Petri to rezone property on Janesville Road from RS-2 Suburban Residence District to
B-2 Local Service Center for the purpose of a future automatic car wash. A 2010
Comprehensive Land Use Plan amendment is also required as part of the rezoning.
Plan Director Muenkel stated the subject property is located west of Walgreens/Auto
Zone on Janesville Road. This area is currently in transition. The petition is to rezone
one residential parcel to B-2 for a potential car wash facility. The Plan Commission will
have to review and approve the site plan for the proposed business so the residential
properties in the area would not be adversely affected.
Jim Petri, W199 S6859 Adrian Drive, stated he is the petitioner and proposes to develop
a three-bay automatic attended car wash. He believes the properties to the west on
Janesville Road also have the potential for further business development.
Lee Elger, S79 W18937 Janesville Road, stated he owns the property to be rezoned. It
is logical to rezone his property to commercial use in light of the businesses that have
located in the vicinity. The expansion of businesses in the area has presented issues
that are not conducive to residential use, such as an increase in traffic and noise.
Common Council Minutes Page 3
October 9, 2007
The following individuals spoke in favor of the rezoning for the reasons stated by Mr.
Elger:
Tom Fellin, S79 W18974 Janesville Road
Theresa Wojciechowski, S79 W18953 Janesville Road
Jack Ernest, S79 W18942 Janesville Road
Ald. Melcher declared the hearing closed at 8:20 p.m. The Council took a short recess.
CONSENT AGENDA
Ald. Melcher stated that Reso. #193-2007 and Reso. #194-2007 were being removed
from the a genda because they require a public notice pursuant to the City Atty.
Werner moved to approve the Consent Agenda. Borgman seconded. Motion
carried 7-0.
The following items were approved:
Common Council Minutes of 9/25/2007
Reso. #191-2007 - Resolution to Establish Traffic Regulations (No Parking on
Settlement Court).
Reso. #192-2007 - Approval of Extraterritorial Certified Survey Map - Bowersock - Town
of Norway.
Reso. #195-2007 - Authorization to Purchase Crossmatch Interface for KPI Phoenix
Upgrade.
REVIEW OF COMMITTEE REPORTS
Minutes of the 9/11/2007 Finance Committee, 8/20/2007 Public Works Committee,
9/11/2007 Committee of the Whole, 8/20/2007 Community Development Authority,
9/4/2007 Plan Commission and 8/22/2007 Library Board 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
9/25/2007. Schaefer moved to defer. Snead seconded; motion carried.
Ord. #1266 - An Ordinance to Establish Salaries for Certain Elected Officials (Municipal
Judge and Aldermen Districts 1, 3 and 5. Second Reading. Borgman moved for
adoption. Fiedler seconded. Motion carried 7-0.
NEW BUSINESS
Reso. #196-2007 - Rejection of Bids - Hillside Drive Drainage Improvements. Borgman
moved for adoption. Snead seconded. Motion carried 7-0.
Common Council Minutes Page 4
October 9, 2007
Ord. #1267 - An Ordinance to Amend the Zoning Map of the City of Muskego and the
2010 Comprehensive Plan (Petri/Quality Express Companies, LLC - RS-2 to B-2). First
Reading.
Ord. #1268 - An Ordinance to Amend Chapter 1, Section 1.07, of the Municipal Code of
the City of Muskego (Full-Time Office - Mayor). First Reading. Pavelko stated that the
people voted in 2006 to change the position to part time. He does not support changing
it to full time. This should be strictly about the position and not the person in the
position. If a change is being considered, another referendum should be held. Atty.
Molter stated the Mayor is an elected position. Whether the Municipal Code states that
the office is part time or full time really doesn’t matter. The individual in the position
determines the hours worked and the voters respond accordingly. The Council adopted
an ordinance that established a salary of $33,000 (effective 4/15/08) based on the
position being part time. If a change to either is being contemplated, it should be done
soon so that potential candidates who may want to run for the position know whether or
not it is full time or part time and the salary. Borgman agreed with Pavelko’s comments
that the position should remain part time.
LICENSES
Borgman moved for approval of an Operator’s License for Dean Blank, Adil
Faloss, Bailey Fornell, Linda Gross, Jodi Miller, Tim Poitz, and Dylan Raap.
Snead seconded. Motion carried 7-0.
VOUCHER APPROVAL
Borgman moved for approval of payment of General Vouchers in the amount of
$400,329.30. Werner seconded. Motion carried 7-0. Schaefer moved for approval
of payment of Utility Vouchers in the amount of $13,762.12. Pavelko seconded.
Motion carried 7-0. Borgman moved for approval of payment of Tax Checks in
the amount of $165.06. Werner seconded. Motion carried 7-0.
ADJOURNMENT
Snead moved to adjourn at 8:45 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC
Clerk-Treasurer