CCM20080624
COMMON COUNCIL - CITY OF MUSKEGO Approved 7/22/2008
MINUTES OF MEETING HELD JUNE 24, 2008
Mayor Johnson called the meeting to order at 7:35 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, City Administrator
Sheiffer, Plan Director Muenkel, Clerk-Treasurer Moyer, and City Attorney Molter.
Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was
noticed in accordance with the open meeting law on 6/20/2008, and as amended on
6/23/2008.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #127-2008 - Recognition of 25 Years of Service - James Kaebisch-Muskego
Police Department. Borgman moved for adoption. Schaefer seconded. Motion
carried 7-0. Police Chief Paul Geiszler accepted the resolution on behalf of Lt.
Kaebisch.
The Mayor and Council members expressed their appreciation to City Administrator
Sheiffer who is leaving her position. Mayor Johnson stated cancellation of the
September 9 Council meeting is being proposed as that is the same day as the election;
there were no objections.
PUBLIC COMMENT
A Public Comment Registration Form was submitted by H. Baas indicating an objection
to the proposed moratorium. The individual did not wish to speak.
PUBLIC HEARING
The Clerk read the hearing notice to consider implementation of a four-month
moratorium on land divisions, rezoning petitions, and 2010 Plan Map amendments with
provisions for possible future extensions. Said moratorium applies to certain parcels,
which primarily consist of rural, agricultural, and conservation properties. Plan Director
Muenkel stated the moratorium is being proposed because a 2020 Comprehensive Plan
is in the process of being developed. The new plan may substantially affect certain
properties. The moratorium would avoid conflicts during the implementation period of
the new 2020 Comprehensive Plan. A four-month moratorium is proposed with possible
extensions.
Chris Buckmaster, Chairman of the 2020 Comprehensive Plan Committee, was present.
He stated the committee is looking for guidelines. The committee is not necessarily
asking for a moratorium on development. It is asking that the Council consider applying
a higher threshold to any changes to the 2010 Comp Plan. The committee’s concern is
with any changes requested to the existing plan between now and when a formal draft
of the 2020 Comp Plan is submitted. The committee does not want to disallow the
development rights of property owners if they comply with the 2010 Comp Plan. He
encouraged input from citizens as the committee proceeds with the development of the
2020 plan.
The following individuals spoke:
Common Council Minutes Page 2
June 24, 2008
Bob Lloyd, S110 W20974 South Denoon Road
against the moratorium because a land division was intended to be done in the near
future to resolve some family estate issues. It will impose restrictions on property
owners and is excessive. We need to control growth, but not prevent it.
Chris Pulver, S103 W14500 Loomis Drive
against the moratorium because it could adversely affect the future development of
property owned by his family. If the people of Muskego want to preserve rural areas,
the taxpayers should pay for that. He believes the moratorium infringes on the rights
of property owners, and creates inequities.
Wayne Kopac, Thode Drive
against the moratorium because it could adversely affect his property, which he
purchased for retirement.
Lynn Kurer, owns 158 acres near Hunter’s Nest
against the moratorium because she believes it is an attempt to rezone her property.
Andy Lewandowski, Parker Drive
supports the moratorium because he prefers development that consists of larger lot
sizes
The Clerk read an e-mail received on June 23, 2008 from Gayle Schmitt (Edgewood
Contractors) stating her opposition to the moratorium. She requests that her property
located on Janesville Road be exempt from the moratorium.
The Mayor declared the hearing closed at 8:20 p.m.
CONSENT AGENDA
Schaefer requested the removal of the following items from the Consent Agenda:
6/10/2008 Common Council Minutes, Reso. #121-2008, and Reso. #133-2008.
Schneider requested the removal of Reso. #120-2008. Werner moved to approve the
remainder of the Consent Agenda. Fiedler seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operators’ Licenses for Kim Arnold, Kimberly Behling, Daniel Bott, Sharon
Bott, Christopher Brahm, Anthony Bushberger, Leighann Chambers, Brian Chic, Judy
Covey, Lyndsey Daggett, Emily Franke, James Gunton, Kathleen Heinz, Theresa
Hougum, Crystal Husslein, Matthew Jensen, Baljit Kler, Ashley Kolln, Jan Kuzmic, Lisa
Maciosek, Michael McBane, Frederick Hoeppner, Christine Michalak, Patricia
Molkentin, Megan Pardi, Tammy Pulczinski, Debra Renk, Tracy Roeszler, Nicholas
Schmidt, Lawrence Schneider Sr., Lisa Schwarz, Gerald Sewalish, Laura Sneesby,
Jacqueline Starszak, Angela Szajna, Susan Schneidler, Jennifer Timmerman, Kayla
Walters-Ketchum, Rhonda Westerdahl, June Loh, Lisa Kisting, Kelly Heinrich, and
Tammy King.
Reso. #119-2008 - Wisconsin Department of Natural Resources NR 208 - Compliance
Maintenance Resolution for 2007.
Reso. #122-2008 - Re-approval of Certified Survey Map - Knudsen.
Common Council Minutes Page 3
June 24, 2008
Reso. #123-2008 - Award of Bid - Well #13 Pumping Station.
Reso. #124-2008 - Amendment to Deposit & Forfeiture Schedule.
Reso. #125-2008 - Approval to Use U.S. Bank On-Site Electronic Deposit.
Reso. #126-2008 - Acceptance of Proposal Submitted by Public Sector Personnel
Consultants to Update the City’s Salary Ranges. Atty. Molter noted the addition of the
words, “contingent upon the proposal being amended as attached to this resolution” to
reference and include an hourly rate schedule.
Reso. #128-2008 - Establish Traffic Regulations (Yield Signs - Lake Meadows
Subdivision).
Reso. #129-2008 - Approval of Reduction in Letter of Credit for Belle Chasse
Subdivision.
NEW BUSINESS
Common Council Minutes of 6/10/2008. Schaefer noted that it was her intent to abstain
regarding the resolution to re-establish the Fire/Rescue Study Committee, which was
part of the 6/10/2008 Consent Agenda. Schaefer moved for adoption. Fiedler
seconded; motion carried.
Reso. #120-2008 - Approval of Various License Applications for the City of Muskego for
the Licensing Period July 1, 2008 to June 30, 2009. Borgman moved for adoption.
Pavelko seconded. Motion carried 6 in favor and Schneider abstaining.
Reso. 121-2008 - Resolution Authorizing Letter Agreement with Ace Industrial
Properties, Inc. Werner moved for adoption. Schaefer requested removal from the
Consent Agenda because she does not believe the booster station is warranted at this
time. Werner and Fiedler support because the expenditure can be paid for by TIF.
Borgman seconded. Motion carried 6 in favor and Schaefer voting no.
Reso. #133-2008 - Resolution to Approve One-Time Voluntary Early Retirement
Incentive Program. Werner moved for adoption. Schneider seconded. Schaefer
stated she would abstain because her husband could potentially be eligible for the
program. Motion carried 6 in favor and Schaefer abstaining.
REVIEW OF COMMITTEE REPORTS
Minutes of the 5/27/2008 Committee of the Whole, 5/27/2008 Finance Committee,
5/12/2008 Parks & Recreation Board, 5/19/2008 Public Works Committee, and
5/19/2008 Public Utilities Committee were reviewed.
OLD BUSINESS
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). On
the floor, deferred 6/10/2008. Fiedler moved to defer. Schneider seconded; motion
carried.
NEW BUSINESS (Continued)
Common Council Minutes Page 4
June 24, 2008
Reso. #130-2008 - Resolution Authorizing Development Agreement with Muskego
Commerce Center East, LLC. Werner moved for adoption. Fiedler seconded.
Motion carried 6 in favor and Schaefer voting no.
Reso. #131-2008 - Approval of Certified Survey Map - Muskego Commerce Center East
Properties. Fiedler moved for adoption. Werner seconded. Motion carried 7-0.
Ord. #1278 - An Ordinance Declaring a Moratorium on Land Divisions, 2010 Map
Amendments, and Rezoning Petitions for Certain Properties Primarily Consisting of
Rural, Agricultural, and Conservation Properties in the City of Muskego. First Reading.
LICENSES
Werner moved for approval for the following:
Outside Dance Permit and Amendment to Licensed Premise
Kara-Oke Inn, W191 S6409 Hillendale Road - 7/12/2008
Outside Dance Permit
Schmidt’s Refuge, S102 W19570 Kelsey Drive - 7/26/2008
Six-Month “Class B” Retailers’ License (Liquor/Beer)
Aud Mar Supper Club, Inc., S79 W15851 Aud Mar Drive
“Class B” Retailers’ License (Liquor/Beer)
Club Durham Pub & Grill LLC, S98 W12532 Loomis Court
Temporary “Class B”/Class “B” Retailers’ License (Wine/Beer)
Muskego Senior Taxi Service - 7/25/2008
Muskego Corvette Club - 8/23/2008
Muskego Sports, Inc. (Class “B” Beer License only) - 7/13/2008
Borgman seconded. Motion carried 6 in favor and Schneider abstaining because
he is a member of the Corvette Club.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$397,090.30. Schneider seconded. Motion carried 7-0. Pavelko moved for
approval of payment of Utility Vouchers in the amount of $62,659.80. Schneider
seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
Werner stated that the tour of Little Muskego Lake was scheduled for 6/27/2008. Snead
gave an update on upcoming Chamber events. Schaefer stated a tour of Lake Denoon
could be arranged in the future if there was interest.
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 filling position of City
Common Council Minutes Page 5
June 24, 2008
Engineer/Coordinator of Public Works Projects. Schaefer seconded. Motion
carried 7-0.
OPEN SESSION
Borgman moved to reconvene into open session. Schneider seconded; motion
carried.
Reso. #132-2008 - Resolution Appointing City Engineer/Coordinator of Public Works
Projects and Establishing Terms of Employment. Fiedler moved for adoption.
Schaefer seconded. Motion carried 6 in favor and Borgman voting no.
ADJOURNMENT
Snead moved to adjourn at 9:08 p.m. Fiedler seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk