CCM20080422
COMMON COUNCIL - CITY OF MUSKEGO Approved: 05/13/08
MINUTES OF MEETING HELD APRIL 22, 2008
Mayor Johnson called the meeting to order at 7:45 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Pavelko, and Snead, City Administrator Sheiffer, Clerk-
Treasurer Moyer, Plan Director Muenkel, and City Attorney Molter. Those present
recited the Pledge of Allegiance. Ald. Borgman was excused. The Clerk stated that the
meeting was noticed in accordance with the open meeting law.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
The Clerk read the Proclamation for Arbor Day, which will be April 25.
Reso. #072-2008 - Recognition of Representing United States in China and for 50
Years of the Water Bugs Ski Team. Schaefer moved for adoption. Pavelko
seconded. Motion carried 6-0. Mayor Johnson presented the resolution to the
organization’s representative, Shelly Wohler. Ms. Wohler stated that the team was
honored to be representing the City and thanked the Council for the recognition.
Reso. #073-2008 - Recognition of 35 Years of Service - Phillip Dibb. Schaefer moved
for adoption. Werner seconded. Motion carried 6-0. Mayor Johnson presented the
resolution to Mr. Dibb who thanked the Council for the recognition.
At 7:55 p.m., Mayor Johnson temporarily adjourned the meeting to hold the Big
Muskego Lake/Bass Bay Protection and Rehabilitation District Quarterly Meeting. The
Council reconvened at 8:14 p.m.
No one registered to speak under Public Comment.
PUBLIC HEARINGS
The Clerk read the notice to consider the petition of Richard Knudsen for a 2010
Comprehensive Plan Amendment from Rural Density Residential to Medium Density
Residential for property on Hillendale Drive (Tax Key 2190.994.027) for the purpose of a
possible land division.
Plan Director Muenkel stated the petition is to amend the 2010 Comprehensive Plan
from rural density residential (less than .49 units allowed per acre) to medium density
residential (1.5 to 3.99 units per acre) for the Knudsen property for a possible future
land division. Mr. Knudsen is requesting the amendment for the following reasons:
To be compatible with the present zoning of RS-2.
To be compatible with the surrounding area zoning of RS-2.
To be more in conformity with the surrounding land uses.
The property was rezoned in 2007 to RS-2 to have lot sizes that are more
compatible with lots along Hillendale Road.
The conceptual plan depicts 6 lots ranging in size from one half acre to 1.41 acres. The
plan actually meets the low-density category; staff will recommend that the amendment
Common Council Minutes Page 2
April 22, 2008
be from rural density to low density. Mr. Knudsen has submitted a letter stating that he
is acceptable to the low density residential.
The following individuals spoke regarding this issue:
Allen Kokott, W200 S7475 Hillendale Drive
Prefers fewer lots. Mr. Muenkel stated that while the petitioner is showing a concept for
six lots, the maximum number is not known at this time.
Joan Kohne, W200 S7203 Williams Drive
Her property is adjacent to the Knudsen property to the north. She does not want to
see any activity on this property at this time. She expressed concern that Mr. Knudsen
has brought fill onto his property, which could adversely affect her.
Ryan Sims, W197 S7352 Hillendale Drive
He purchased his lot from Mr. Knudsen. He has a problem with the fill being brought on
the property; it is full of asphalt and concrete. He was told the area consisted of
wetlands and only one or two homes could be built there. He feels he was misinformed
and opposes the amendment.
Richard Knudsen, petitioner.
Any development he proposes will have to be approved by the City. He originally
proposed two or three houses on the property. When the City rezoned the property to
RS-2, he was required to put a road in and provide sewer service. The costs incurred
do not make the development viable with only two or three lots. He believes this will be
a quality development.
The Mayor declared the hearing closed at 8:25 p.m.
The Clerk read the notice to consider revision to Chapter 18, Land Division Ordinance,
Section 18.21 (5) and Section 18.46 (2), of the Municipal Code of the City of Muskego
relating to dedication fees. This will be a re-approval of the dedication fees due to
recent enactment of 2007 Wisconsin Act 44.
Mr. Muenkel stated that the City relied on various dedication fees for parks and
conservation areas. State legislation abruptly eliminated the fees. New legislation has
now reinstated the ability to collect dedication fees for the improvement of land for
public parks, which means grading, landscaping, installation of utilities, construction of
sidewalks, installation of playground equipment, and construction or installation of
restroom facilities on land intended for public park purposes.
Gail James, W151 S8100 Harvest Court, asked about the effective date. Mr. Muenkel
stated that any development that comes in after the ordinance is adopted and published
would be subject to payment of the fees.
The Mayor declared the hearing closed. The Council took a brief recess.
OLD BUSINESS
Reso. #070-2008 - Resolution as to Recommendation of the Fire/Rescue Committee to
the Common Council. On the floor, deferred 4/8/2008. The Mayor noted that the City
Common Council Minutes Page 3
April 22, 2008
Atty. made a revision to No. 2 under NOW, THEREFORE, BE IT RESOLVED. Werner
moved to amend as presented. Fiedler seconded. Atty. Molter stated that the
Muskego Volunteer Fire Company would rather remain separate, but will go to
mediation and has accepted the mediator. Motion to amend carried with Fiedler,
Schneider, Werner, Pavelko and Snead voting yes and Schaefer abstaining.
Reso. #070-2008, as amended, adopted five in favor and Schaefer abstaining.
The Council took a brief recess.
OLD BUSINESS (Continued)
Ord. #1273 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Riordan/Moorland Road - BP-3 to B-3). Second Reading. Fiedler moved for
adoption. Schneider seconded. Mr. Muenkel stated that an amendment to the
ordinance is proposed to address the concerns expressed at the public hearing.
Pavelko requested that the City carefully consider future development of the area that
affects the residents on Lawndale Place. Schaefer requested that the developer identify
what businesses will be located at the site. Mr. Carity stated there have been
conversations with Wal-Mart as well as office, pet supply and sporting goods retailers,
and restaurants. Fiedler moved to amend Section 1 to read as follows: The
following described property is hereby rezoned from BP-3 to B-3 if the following
conditions are met: The BP-3 zoned portion of lands east of Moorland Road
within Tax Key Number 2169.999.001 with the conditions that the development is
constructed in accordance with all City requirements as set forth in a developer’s
agreement approved by the City, which agreement shall set forth in more detail a
development generally in the nature of the that set forth in site plan documents
on file with the City submitted with this ordinance (Entitled Certified Survey Map
Draft and dated April 18, 2008) and actual physical construction of said
development is commenced on or before the 1st date of June, 2009 and Section 3
to read as follows: This ordinance is in full force and effect from and after
passage and publication subject to the conditions stated in Section 1 and this
ordinance is null and void and the original BP-3 zoning shall be in effect with no
further notice if said conditions are not complied with on the terms and
conditions stated herein. Pavelko seconded. Motion carried 6 in favor. Ord.
#1273, as amended, adopted 6 in favor.
Ord. #1274 - An Ordinance to Amend Chapter 17, Section 5.02, and Chapter 18,
Sections 18.31(3)(b), 18.32(3)(b), 18.33(3)(b), 18.43(2) and 18.80(2), of the Municipal
Code of the City of Muskego (Wetland Protection Offset). Second Reading. Plan
Director Muenkel stated with the adoption of this ordinance, the required setbacks from
wetlands will be placed in the City’s Municipal Code. Snead moved for adoption.
Schneider seconded. Motion carried 6-0.
NEW BUSINESS
Reso. #089-2008 - Resolution Authorizing the Issuance and Sale of $5,575,000 Note
Anticipation Notes. Fiedler moved for adoption. Werner seconded. Motion carried
6-0.
Common Council Minutes Page 4
April 22, 2008
Reso. #090-2008 - Resolution Authorizing the Issuance and Sale of $815,000 Taxable
Note Anticipation Notes. Werner moved for adoption. Fiedler seconded. Motion
carried 6-0.
Reso. #091-2008 - A Resolution Amending the 2007 Budget of the City of Muskego.
Werner moved for adoption. Schaefer seconded. Motion carried 6-0.
CONSENT AGENDA
Schaefer moved to approve the Consent Agenda subject to removal of Reso.
#086-2008 as requested by Fiedler. Snead seconded. Motion carried 6-0.
The following items were approved:
Common Council Minutes of 4/8/2008 and 4/15/2008
Reso. #074-2008 Appointment of Aldermen to Library Board, Parks & Recreation
Board and Conservation Commission
Reso. #075-2008 Appointment of Weed Commissioner for the City of Muskego
Reso. #076-2008 Declaring Certain Weeds to be Noxious
Reso. #077-2008 Appointment of Citizen Members to Board of Appeals
Reso. #078-2008 Appointment of Citizen Member to the Police and Fire Commission
Reso. #079-2008 Appointment of Citizen Member to the Plan Commission
Reso. #080-2008 Appointment of Citizen Members to the Parks and Recreation Board
Reso. #081-2008 Appointment of Commissioners to the Community Development Authority
Reso. #082-2008 Appointment of Citizen Members to the Conservation Commission
Reso. #083-2008 Appointment of Citizen Members to the Board of Review
Reso. #084-2008 Appointment of Citizen Members to the Library Board
Reso. #085-2008 Approval of Agreement Between the City of Muskego and Water Bugs Ski
Team, Inc. for Placement of a Water Ski Jump on Little Muskego Lake
Reso. #087-2008 Approval of Subdivider’s Agreement, Letter of Credit and Certified Survey
Map - James/Dovic
Reso. #088-2008 Approval of Supplemental Agreement #4 Between the City of Muskego
and Bonestroo, Inc. for Park Arthur Design and Development
NEW BUSINESS
Reso. #086-2008 - Approval of Placement of Pier at Idle Isle (Water Bugs Ski Team).
Fiedler moved for adoption. Werner seconded. Fiedler expressed concern about
the indemnification language in the agreement. He prefers the language used in the Ski
Jump Agreement. Fiedler moved to amend to approve this agreement through
May 14, 2008 to be indicated in the resolution and the agreement. Snead
seconded. Motion carried 6-0. Reso. #086-2008, as amended, adopted 6-0.
REVIEW OF COMMITTEE REPORTS
Minutes of the 3/25/2008 Finance Committee, 3/11/2008 Committee of the Whole,
3/10/2008 Parks and Recreation Board, 3/3/2008 Conservation Commission, 3/4/2008
Common Council Minutes Page 5
April 22, 2008
Mayor’s Task Force on Economic Development and 2/21/2008 Fire/Rescue Service
Committee were reviewed.
Ord. #1275 - An Ordinance to Amend the 2010 Comprehensive Plan from Rural Density
Residential to Medium Density Residential (Knudsen - Tax Key No. 2190.994.027).
First Reading.
Ord. #1276 - An Ordinance to Amend Chapter 18, Section 18.21(5) and Section
18.46(2), of the Municipal Code of the City of Muskego (Dedication Fees). First
Reading.
LICENSES
Werner moved for approval of a regular Operator’s License for Richard Dix, Leah
Hochschild, Amber Klinger, George Olson, Brittany Smith and Brian Ziller.
Fiedler seconded. Motion carried 6-0.
Snead moved for approval of “Class B” Retailers’ License to Sell Fermented Malt
Beverages and Intoxicating Liquors and Class “A” Dance Hall License for JDA
Dix, Inc., Heidi Flemmer, Agent, d/b/a The Liq-R-Box, W191 S6409 Hillendale
Drive. Schaefer seconded. Motion carried 6 in favor.
Fiedler moved for approval of an amendment to the premise of “Class B” license
held by Muskego Gateway Entertainment Complex, S67 W19491 Tans Drive and
approval of a Class “A” Dance Hall license subject to the recommendation of the
Finance Committee. Snead seconded. Motion carried 6 in favor.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$119,804.17, which includes the removal of a voucher in the amount of $1,162.50
for attorney fees for Muskego Vol. Fire Co. Schaefer seconded. Motion carried 6-
0. Snead moved for approval of payment of Utility Vouchers in the amount of
$279,750.20. Pavelko seconded. Motion carried 6-0.
CITY OFFICIALS’ REPORTS
The May calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Werner stated that he would coordinate a tour of Little Muskego Lake by the Council.
Schaefer noted that Lake Denoon could also be toured.
ADJOURNMENT
Snead moved to adjourn at 9:20 p.m. Fiedler seconded; motion carried.
Janice Moyer, CMC, CMTW
Clerk-Treasurer