CCM20080812
COMMON COUNCIL - CITY OF MUSKEGO Approved: 08/26/2008
MINUTES OF MEETING HELD AUGUST 12, 2008
Mayor Johnson called the meeting to order at 7:40 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Borgman, Pavelko and Snead, Clerk-Treasurer Moyer,
Plan Director Muenkel, 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 8/8/2008.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Johnson stated that the 9/11/2008 Committee of the Whole meeting would be
held at Tudor Oaks. He acknowledged the individuals responsible for the National Night
Out. The event was very successful.
Ald. Snead presented an update on the consolidation of the fire departments. Members
from Muskego are now going through the application process with Tess Corners. Chief
Mack has stated that he is committed to helping his membership do what is in the best
interest of the community. Regarding the assets, Atty. Molter was requested to contact
the attorney for the Muskego Vol. Fire Co. The Muskego Co. is looking at a dissolution
date of 12/31/2008. For 2009 budget purposes, Ald. Snead stated that the locks for the
Muskego Co. buildings would have to be changed, cameras will need to be installed,
breathing apparatus will have to be purchased and Muskego’s Substation #1 has some
maintenance issues. The two meetings that have taken place have been productive. It
is anticipated that at the 8/26 meeting, the two chiefs will present a timeline. Ald.
Werner believes the chiefs will ensure that the transition is smooth.
PUBLIC COMMENT
The following individuals registered to speak:
Suzi Link, W172 S7297 Lannon Drive
She is concerned that the (fire department) consolidation is being done too
quickly; she wants the department to remain voluntary. She is against big box
development in the Moorland Road TIF area.
Chris Pulver, S103 W14500 Loomis Drive
He requests the Council vote no on Ord. #1278 (Moratorium). There are already
enough restrictions.
Ken Washburn, W149 S6550 Spring Lane
He lives in the Glenbrook Subdivision, which recently experienced flooding. Mr.
Washburn submitted photos showing the flooding. He does not believe any
development in the Moorland Road corridor should take place until the problems
in the Glenbrook Subdivision are resolved. Where will all the water go when the
area is developed? (Mayor Johnson encouraged Mr. Washburn to come to City
Hall to view the development plans for that area.)
Keith Behmke, W151 S6477 Glenbrook
He does not want the development on Moorland Road to be like Hwy. 100 or
Blue Mound. He does not want the area to attract additional traffic or people.
Andy Mack submitted a Public Comment form but did not wish to speak.
Common Council Minutes Page 2
August 12, 2008
PUBLIC HEARING
The Clerk read the hearing notice to consider petition of George Erwin III to rezone the
RS-1 portion of land within Tax Key Number 2169.999.001 from RS-1 - Suburban
Residence District to BP-1 - Business and Office Park Support District, to rezone the B-
3 portion of land within Tax Key Number 2169.999.001 from B-3 - General Business
District to BP-1 - Business and Office Park Support District, and to amend the Low
Density Residential portion of land within Tax Key Number 2169.999.001 of the 2010
Comprehensive Plan from Low Density Residential to Business Park for the purpose of
allowing future commercial uses.
Plan Director Muenkel stated the petition is to rezone property located on the east side
of Moorland Road, just south of College. If approved, the rezoning would clean up the
existing zoning lines on the parcel and would allow the commercial uses as shown in
Tax Incremental District #10 project Plan. An amendment to the 2010 Comprehensive
Plan would be required for the portion that is zoned RS-1 to reflect a change in use to
business park. No specific uses for the property have been proposed at this time. Mr.
Muenkel noted that storm water issues would be addressed as development occurs.
The property that will be developed will have to control its own storm water
management on site and release it onto wetlands or navigable waterways. The Mayor
stated he talked with an engineer who stated that the water from the Wal Mart
development would drain to the south. The existing water problem in the Glenbrook
Subdivision is coming from New Berlin, which is to the north. Mr. Muenkel reviewed
some the permitted uses by right allowed in the BP-1 district, which include offices,
medical clinics, specialized retail or customer service establishments.
The following individuals spoke:
Suzi Link, W172 S7297 Lannon Drive
Does not oppose the BP-1 uses but does not want big box development and the
uses allowed by conditional grant. The TIF district was created to bring jobs to
the City and not to create a shopping destination.
Ken Wasburn, W149 S6550 Spring Lane
Reiterated water and drainage problems that he spoke of under Public
Comments.
Keith Behmke, W151 S6477 Glenbrook
Against the rezoning because it will increase traffic.
Mary Engel, W146 S6383 Tess Corners Drive
Received correspondence asked if she was interested in rezoning her property.
She is concerned that the area from Moorland Road east to Tess Corners, and
from Janesville Road north to College is being proposed to be commercial or an
industrial park. She is upset about the request, and is opposed to the rezoning.
Mayor Johnson stated that the request was a result of the 2020 Comprehensive
Plan Committee. He directed Ms. Engel to that committee.
Bill Carity, part of the investment group that is developing the property
This is considered a cleanup rezoning. The total parcel is 17 acres. Mr. Carity
estimates that only 11 to 12 acres will be able to be developed because a fair
amount of the parcel has some steep slopes. It is not intended for big or medium
box type buildings. He believes the area will compliment the Wal-Mart. Mr.
Common Council Minutes Page 3
August 12, 2008
Carity confirmed that the drainage from this development would not affect the
Glenbrook Subdivision. He reviewed a drawing of the development with the
audience.
Earl Duewel, W151 S6587 Glenbrook Drive
The City has not done anything to maintain the ditches in his area. He is also
upset that the Glenbrook Subdivision did not receive notification about the
proposal for the Tess Corners area. The Mayor reiterated that was an issue for
the 2020 Comprehensive Plan Committee.
Ken Wasburn, W149 S6550 Spring Lane
Concerned about potential industrial development, which will affect the City as a
whole, not just the Glenbrook Subdivision.
Ald. Pavelko stated that he received a phone call from Neil and Paulette Bucholtz, S63
W15609 College Avenue. They are against the rezoning as it could lower their property
value.
Mayor Johnson noted that two e-mails were received (one from Tom and Nancy Lawlor,
S73 W14926 Cherrywood Drive and one from Joe McCullough, no address stated) and
will be placed on record with the minutes of this meeting. Ald. Schaefer encouraged the
residents with concerns about the proposals discussed by the 2020 Comprehensive
Plan Committee to contact their alderperson for more information.
The Mayor declared the hearing closed at 8:35 p.m.
CONSENT AGENDA
Fiedler moved to approve the Consent Agenda with the removal of Reso. #154-
2008 and Reso. #155-2008. Werner seconded. Motion carried with 7 in favor. The
following items were approved:
Approval of Common Council Minutes of 7/22/2008
Approval of Operators’ Licenses for Paul Aldinger, Annette Flancher, Adam Flasch,
David Hanizeski, Jeannette Leow, Suzanne Lula, Christopher Mac Kenzie and Mark
Nilsen.
Reso. #148-2008 - Approval of an Extraterritorial Certified Survey Map - Malchine,
Town of Norway
Reso. #149-2008 - Approval of 66.0301 Cooperative Contract to Share the Services of
Three Police Liaison Officers - 2008 - 2009
Reso. #150-2008 - Amendment to the Deposit and Forfeiture Schedule
Reso. #151-2008 - A Resolution Disallowing the Claim of Stephen R. Godfrey Pursuant
to Wisconsin Statute §74.37 Concerning Property Known as Tax Key No. MSKC
2270.998
Reso. #152-2008 - Establishing Traffic Regulations (No Parking Sign on Wentland
Drive)
Reso. #153-2008 - Authorization to Participate in the Wildlife Habitat Incentive Program
(WHIP)
Common Council Minutes Page 4
August 12, 2008
REVIEW OF COMMITTEE REPORTS
Minutes of the 6/24/2008 Finance Committee, 7/15/2008 Plan Commission, 6/30/2008
2020 Comprehensive Plan Committee, 6/25/2008 Library Board, and 4/10/2008,
5/15/2008 and 6/19/2008 Teen Advisory Board 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 7/22/2008. Schneider stated he met with several constituents. One
resident has concerns, but does not want the property to be developed at all. Mr.
Knudsen has the right to develop the property. He has addressed the concerns of the
residents in the area. Schneider and Fiedler support the ordinance. Schaefer stated
this issue was sent back to the 2020 Comprehensive Plan Committee. The committee
supported the change from rural density to low density vs. medium density as originally
proposed. The developer has agreed to low density. Fiedler moved to amend the
ordinance to change medium density to low density. Schneider seconded.
Motion carried 6 in favor and Schaefer voting no. Schaefer stated her main concern
is the high priority conservation lands in the area. Ord. #1275, as amended, adopted
6 in favor and Schaefer voting no.
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 7/22/2008. Fiedler stated that the 2020 Comprehensive Plan Committee did
not believe the ordinance was necessary at this time. The Plan Commission’s
recommendation is that the Council defeat the ordinance. Motion defeated with 7
voting no.
Ord. #1279 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borst -
Field Drive - EA/OWP to PD). Second Reading. Fiedler moved for adoption.
Schaefer seconded. Fiedler moved to defer. Schneider seconded; motion
carried.
Reso. #138-2008 - Resolution Denying an Insurance Claim - Jill McIntyre. On the floor,
deferred 7/22/2008. Motion to deny carried with 7 in favor.
NEW BUSINESS
Reso. #156-2008 - Preliminary Resolution Declaring Intent to Levy Area-Wide Water
Capacity Assessment for Debt Service for Water Service Under §66.0703, Wisconsin
th
Statutes (17 Amended WCA District - Muskego Commerce Center TID). Fiedler
moved for adoption. Borgman seconded. Motion carried 7 in favor.
Ord. #1280 - An Ordinance to Amend the Zoning Map of the City (Erwin - RS-1 to BP-1
and B-3 to BP-1). First Reading.
Ord. #1281 - An Ordinance to Amend Chapter 1, Section 1.09(1), of the Municipal Code
of the City of Muskego (Location of Polling Place - District 3). First Reading.
Common Council Minutes Page 5
August 12, 2008
LICENSES
Werner moved to approve a change of agent for Aldi, Inc. to Matthew Figard.
Borgman seconded; motion carried.
Werner moved to approve a Temporary Class “B” Retailers’ License for the Sale
of Fermented Malt Beverages for the Metropolitan Builders Association for 8/15 -
8/17, 8/23 - 8/24, 8/30 - 9/1, and 9/6 - 9/7. Borgman seconded. Motion carried 7-0.
Borgman moved to approve a Waterway Marker for Muskego Community Shores.
Schaefer seconded. Motion carried 7-0.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$1,534,423.53. Schaefer seconded. Motion carried 7-0. Pavelko moved for
approval of payment of Utility Vouchers in the amount of $285,887.40. Schneider
seconded. Motion carried 7-0. Snead moved for approval of payment of Tax
Checks in the amount of $823.21. Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORT
Werner reviewed the parade plans. The Lake Denoon Boat tour is planned for
8/15/2008 at 6:00 p.m. Snead gave a brief update on some past community events.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Big Muskego Lake Annual meeting is scheduled for Monday, 8/25/2008 at 7:00
p.m.
ADJOURNMENT
Snead moved to adjourn at 9:10 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
City Clerk-Treasurer