CCM20080722
COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/12/2008
MINUTES OF MEETING HELD JULY 22, 2008
Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, and Snead, Clerk-Treasurer Moyer, Plan Director
Muenkel, Police Chief Geiszler, and City Attorney Molter. Ald. Borgman and Pavelko
were excused. Those present recited the Pledge of Allegiance. The Clerk stated that
the meeting was noticed in accordance with the open meeting law on 7/18/2008.
PUBLIC COMMENT
The Clerk read a letter addressed to the Mayor and Council dated July 22, 2008 written
by Atty. Dean Richards on behalf of the Muskego Volunteer Fire Co. A 30-day period is
being requested to allow the two fire departments time to put in place a mechanism by
which a new fire department can be formed. Mayor Johnson stated that Atty. Richards
has requested permission to address the Council prior to Reso. #146-2008 and Reso.
#147-2008 relating to the fire departments; there was no objection. (A copy of the letter
is attached and incorporated into the minutes.)
The following registered to speak against the adoption of Reso. #146-2008 and Reso.
#147-2008:
Suzi Link, W172 S7297 Lannon Drive
Lloyd Pickart, W191 S7162 Luehring Drive
Debra Youssi, S70 W17683 Muskego Drive
The following registered to speak in favor of the creation of a new department:
James Mayer, S69 W14833 Dartmouth Circle
The following registered against the adoption of Reso. #146-2008 and Reso. #147-
2008:
Roger La Fever, W192 S7415 Richdorf Drive
PUBLIC HEARING
The Clerk read the hearing notice to consider petition of William Carity to rezone
property located on Field Drive (Tax Key Nos. 2185.998, 2190.996 and 2190.995) from
EA/OWP - Exclusive Agriculture District with a Wetland Protection Overlay to PD -
Planned Development District (based on the RC-3 guidelines with minimum lot sizes of
40,000 sq. ft. and minimum widths of 150 ft.) for the purpose of allowing a future
residential development.
Plan Director Muenkel stated the rezoning petition was for a 56-acre parcel along Field
Drive, just west of Hillendale Drive. The Planned Development District would allow a
future, single-family subdivision. The 2010 Comprehensive Plan depicts the area as
rural density residential (.49 units/acre or less); the proposed development would meet
this density. The yield plan submitted shows a total of 18 lots, with each parcel
consisting of at least 2.75 acres and 300 ft. in width. This yield would be allowed under
the existing Comp Plan with a zoning change from EA to A. The development is being
proposed under the requirements of the RC-3 zoning district, which allows lots of at
least 40,000 sq. ft in size and at least 150 ft. in width. The average lot size in the
Common Council Minutes Page 2
July 22, 2008
subdivision would be 1.7 acres in size. The lots will not be served by municipal sewer
or water. Mr. Muenkel stated that a small portion of the property is shown on the City’s
Conservation Plan. The Conservation Commission did identify items that should be
addressed if the rezoning is approved, and the property proceeds to be developed.
The following individuals spoke regarding the rezoning:
Russell Seaman, S74 W21020 Field Drive, is opposed.
area is low
plan is irresponsible as too many homes are proposed for an area that is too small
Gil Kelly, S74 W20658 Field Drive, is opposed.
located just to the west of the proposed development
prefers larger lots as his lot is 3 acres in size
concerned that smaller lots adjacent to him will adversely affect his property value
plan has pluses and minuses, many questions remain
Mary Seager, S74 W20634 Field Drive, is opposed.
located adjacent to the proposed development
concerned about the development increasing the amount of traffic
table for further discussion
The property owner, Nancy Borst (S74 W20188 Field Drive), was present and
addressed the Council regarding the rezoning petition. The property has been in her
family for many years. Developing the property is the only way she can retain the family
homestead. She wants to develop the property in a sensitive manner.
Developer Bill Carity also addressed the Council. He has discussed the development
with Ald. Schneider and agrees to discuss the proposal with the neighbors. This is still
a concept plan. This would be a high quality development with an equestrian theme.
He will work with the City regarding conservation and wetland issues.
Ald. Schneider stated he would work with the developer to set up a future meeting with
the residents in the area.
Richard Knudsen, W198 S7380 Hillendale Drive, is not opposed.
confident the development will be done well
Richard Schauss, W213 S7335 Annes Way, is opposed.
would like 2.7 acre lots or larger for this development
Mayor Johnson stated the rezoning ordinance was on the agenda for a first reading and
declared the hearing closed at 8:15 p.m.
NEW BUSINESS
Reso. #146-2008 - A Resolution to Approve a Contract with the Tess Corners Fire
Department to Serve All of the City of Muskego. Werner moved for adoption. Fiedler
seconded. Atty. Dean Richards, representing the Muskego Volunteer Fire Company,
addressed the Council. Muskego Volunteer Fire Company had proposed that both
Common Council Minutes Page 3
July 22, 2008
existing departments be eliminated and a new fire company be established. Tess
Corners rejected that idea. As stated in his letter, Atty. Richards is requesting a 30-day
period of time to try to work through a voluntary absorption of the Muskego members
into the Tess Corners Fire Department. The fire departments are receptive to the City
monitoring the progress. They would also like the Mayor or a member of the Council to
be involved in the process. Werner stated that the Council has been striving toward
both departments getting together to work out this issue. The Mayor and Council
members acknowledged the dedication and service of all the volunteers. Schaefer
stated that she received an opinion from the League of Wis. Municipalities that she
could vote on this issue. Schneider moved to defer to 8/26/2008 contingent upon a
representative from each department giving a progress report at the 8/12 Council
meeting and that Werner and Snead would monitor the progress on behalf of the
Council. Snead seconded. Motion carried 5-0.
Reso. #147-2008 - A Resolution to Disband the Muskego Volunteer Fire Company and
to Demand Transfer of Assets from the Muskego Volunteer Fire Company to the City of
Muskego. Werner moved for adoption. Fiedler seconded. Fiedler moved to defer
with the same conditions as stated under Reso. #146-2008. Werner seconded.
Motion carried 5-0.
The Council took a brief recess.
CONSENT AGENDA
Fiedler moved to approve the Consent Agenda. Snead seconded. Motion carried
5 in favor. The following items were approved:
Approval of Common Council Minutes of 6/24/2008 and 7/8/2008
Approval of Operators’ Licenses for Joseph Anders, Salvador Benitez, Jose Claudio,
Candyce Guenzler, Joy Kuhns, Jayme Martin, Stacy Trebby.
Reso. #141-2008 - Approval of a Certified Survey Map - Peters Trust
Reso. #142-2008 - Approval of a Certified Survey Map - Carity
Reso. #143-2008 - Approval of a Certified Survey Map - Diekfuss
Reso. #144-2008 - Approval of a Certified Survey Map - Birkley
Reso. #145-2008 - Approval of a Certified Survey Map - Birkley
REVIEW OF COMMITTEE REPORTS
Minutes of the 6/9/2008 Parks & Recreation Board, 6/3/2008 Plan Commission,
4/7/2008 Conservation Commission, 4/17/2008 Police and Fire Commission, 5/20/2008
Mayor’s Task Force on Economic Development, 6/16/2008 Public Utilities Committee,
and 4/3/2008 Fire/Rescue Study 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 7/8/2008. Schaefer moved to defer. Schneider seconded;
motion carried. The Mayor stated that the Plan Commission sent this item back to the
Conservation Commission.
Common Council Minutes Page 4
July 22, 2008
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. On the floor,
deferred 7/8/2008. Fiedler moved to defer. Werner seconded; motion carried.
Reso. #138-2008 - Resolution Denying an Insurance Claim - Jill McIntyre. On the floor,
deferred 7/8/2008. Schneider moved to defer. Werner seconded; motion carried.
Ord. #1279 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borst -
Field Drive - EA/OWP to PD). First Reading.
LICENSES
Werner moved to approve the renewal a “Class B” Retailers’ License for the Sale
of Fermented Malt Beverages and Intoxicating Liquors, Class “A” Dance Hall
License, and Change of Agent to Alicia Webber for the Brick House Bar & Grill.
Werner stated that the Finance Committee reviewed some ongoing issues at the
establishment at its meeting this evening. The committee will review the situation in a
month. Fiedler seconded. Motion carried 5-0.
Werner moved to approve a Temporary Class “B” Beer License for Muskego
Sports, Inc. for events to be held at Horn Field on 7/27/2008 and 8/3/2008. Fiedler
seconded. Motion carried 5-0.
Werner moved to approve a Waterway Marker for Bay Breeze Condominiums.
Schneider seconded. Motion carried 5-0.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$597,672.07. Schaefer seconded. Motion carried 5-0. Snead moved for approval
of payment of Utility Vouchers in the amount of $103,116.42. Schaefer seconded.
Motion carried 5-0. Snead moved for approval of payment of Tax Checks in the
amount of $137.07. Schaefer seconded. Motion carried 5-0.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Mayor Johnson stated that the City’s Library Director, Holly Sanhuber, passed away
suddenly last Friday. A memorial service to honor her will be held at the Library from
5:00 to 7:00 p.m. on Friday, July 25. Holly was a 30-year employee.
ADJOURNMENT
Snead moved to adjourn at 8:55 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
City Clerk-Treasurer