CCM20081028
COMMON COUNCIL - CITY OF MUSKEGO Approved: 11/25/2008
MINUTES OF MEETING HELD OCTOBER 28, 2008
Mayor Johnson called the meeting to order at 7:14 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 10/24/2008.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Regarding the fire departments, Mayor Johnson stated transfer of the assets is still an
issue. Snead noted that there is also an issue regarding officers. Snead and Werner
both stated that the merger date of January 1 was fast approaching. Both departments
agreed upon that date. The Mayor will direct the City attorney to write a letter to move
this along.
The Clerk read a Proclamation for the sale of buddy poppies to be held 10/31 and 11/1.
PUBLIC COMMENT
Suzi Link registered to speak regarding the merger of the fire departments. She
believes the deadline should be extended. Ms. Link also stated the sexual offender
residency ordinance was put together too quickly and could be challenged.
PUBLIC HEARINGS
The first public hearing concerned the issuance of the Colorado Health Facilities
Authority Revenue Bonds (American Baptist Homes of the Midwest Obligated Group),
Series 2008 (the “Bonds”) to the Tudor Oaks Retirement Community located at S77
W12929 McShane Drive.
Mr. Muenkel stated that Tudor Oaks is seeking a $25 million bond to design, construct,
furnish and equip 74 independent living apartments, 15 assisted living apartments, 16
assisted living units for the mentally impaired and various renovations for the Tudor
Oaks retirement community. One of the federal requirements regarding the issuance of
the bonds is that a public hearing be held before the Common Council. Mr. Muenkel
stated that the issuance of the bonds would not have an effect on the City’s borrowing
capacity. The City will not have any legal obligation regarding payments on the bonds.
This was confirmed by one of the City’s financial consultants. A representative of Tudor
Oaks provided additional information regarding the redevelopment project. The timeline
for the project is two to two and a half years. No one present requested to speak. The
Mayor declared the hearing closed at 7:30 p.m.
The Clerk read the notice for the second public hearing to consider the petition of
George Erwin III to rezone property located on College Avenue, east of Moorland Road,
from RS-1 Suburban Residence District to BP-3 - Business Park District and to grant a
2010 Comprehensive Plan Amendment from low density residential to business park for
the purpose of allowing future business uses and to rezone property on College
Avenue, east of Moorland Road, from BP-1 - Business and Office Park Support District
to BP-3 - Business Park District for the purpose of allowing future business uses.
Common Council Minutes Page 2
October 28, 2008
Mr. Muenkel stated the subject property is between Moorland Road and the Glenbrook
Subdivision. The uses allowed under the BP-3 zoning are: high quality office and
professional uses and light manufacturing. Uses that are high impact regarding noise,
omissions, odors and vibration would be restricted.
Mr. John Heller of Interstate Partners was present as the developer. His company’s
experience is the development of business parks. A meeting was held to hear the
concerns of the adjacent residential neighbors. Mr. Heller identified the following
positives for the municipality and the adjacent residential area:
use as a business park could generate more tax base than residential uses
there would be less demand on City services and schools
business use is consistent with other development on Moorland Road
job growth
project could enhance the existing TIF district
business park use would be a good buffer between the more intense retail use and
residential
use will be low impact, traffic will not increase
home values will not be adversely affected
if property currently zoned residential is developed, access would be through the
existing subdivision
existing storm water issues will be addressed
preservation of existing tree line
Mr. Heller outlined what the developer proposes:
creation of a 16’ high berm in a buffer zone to the west of the tree line to reduce
noise and light pollution and provide visual screening
the berm will contain evergreen and other trees and shrubs
the berm will help rectify existing drainage issues
there would be no access to the Glenbrook Subdivision from the property to be
developed
there is no plan or desire to develop the southern portion of the property, which will
allow the preservation of existing woods
has met with residents to the north (on College Avenue) to develop a landscape plan
to provide screening
Pavelko asked what type of tenants did Mr. Heller anticipate. He responded that their
typical tenants tend to be businesses that do some distribution, some light assembly,
have office space or are used for storage. He believes development of the property as
residential would be less desirous. Mr. Heller stated he was agreeable to a deed
restriction being placed on the CI-1 parcel. Schneider asked how large the trees would
be that would be planted on the berm. Mr. Heller stated about 6’ to 8’. Maintenance
would be subject to discussion. The berm could be maintained as part of the owner’s
association for Muskego Commerce Center East.
The following individuals spoke:
Common Council Minutes Page 3
October 28, 2008
Scott Pochowski, W153 S6609 Lawndale Place
neighborhood concern was that future residential development would have access to
the Glenbrook Subdivision;
prefers commercial development with berm to avoid increase in traffic
Kert Harenda, Lawndale Place
there is not enough information, wants to see a detailed plan
is this the best use of this land?
zoning is about shaping the community, requests deferral until more details are
available
Keith Behmke, W151 S6477 Glenbrook Drive
concern about the type of businesses that will be brought in
likes the idea but is fearful of what will be there in 20 years
concerned that drainage problems will be resolved
Suzi Link, W172 S7297 Lannon Drive
does not live near the area, but has concerns about the rezoning
does not believe plan fits the zoning
more creativity is needed
warehouse use is being proposed, does not believe that will create as many jobs
that pay a living wage
George Petropoulos, W151 S6332 Glenbrook Drive
look at the bigger picture
supports what is being proposed and installation of the berms
Randy Goree, W153 S6365 Lawndale Place
supports the rezoning
would like input regarding future issues such as lighting, sound, hours of operation,
building of berm, water runoff, retention of west tree line on Lawndale Place
Ken Washburn, W149 S6550 Spring Lane
the development should be attractive because it represents the entrance to the City
would object to light industrial because of odors and noise
Dan Schwartz, W151 S6425 Glenbrook Drive
main concern is that street does not go through from Lawndale Place
plan looks good
Earl Duewel, W151 S6587 Glenbrook Drive
City is not talking to affected citizens
concerns about increased traffic in the subdivision
residents on Glenbrook Drive were not consulted about the development
Neal Bucholtz, S63 W15687 College Avenue
Common Council Minutes Page 4
October 28, 2008
would like same consideration be given to the residents on College Avenue as given
to those in the Glenbrook Subdivision
Danielle Oster, S63 W14861 Garden Terrace
expressed concern for the people on College Avenue
would like developers to consider rooftop gardening, which can be better for the
environment
The Clerk was requested to read correspondence submitted by Cathy Goree, W153
S6365 Lawndale Place and an e-mail from Amy Czarnecki. Both expressed objection
to the rezoning. The correspondence received will be placed on record with the minutes
of this meeting.
The Mayor declared the hearing closed at 8:45 p.m.
NEW BUSINESS
Reso. #177-2008 - Final Resolution Authorizing Area Wide Water Capacity Assessment
for Water Services Under Wisconsin Statute §66.0703 and Levying Water Capacity
Special Assessments Against Benefited Property (WCA - Seventeenth Amended WCA
District). Fiedler moved for adoption. Schneider seconded. Mayor Johnson
clarified that residents on College do not have to connect to water and will not be
assessed until they do. However, the assessment does increase every year. Motion
carried 7-0.
CONSENT AGENDA
Pavelko requested the removal of Reso. #178-2008 from the Consent Agenda.
Werner moved to approve the remaining items under the Consent Agenda.
Borgman seconded. Motion carried 7 in favor. The following items were approved:
Approval of Common Council Minutes of 10/14/2008
Approval of Operators’ Licenses for Kristin Lau, Amanda Little, Laura Maniaci, Ashley
Vitale, Mary Dohve, and April Peterson
Reso. #179-2008 - Approval of Purchase of Large Format Printer/Scanner/Copier -
Planning Department
Reso. #180-2008 - Reduction in Letter of Credit - Woodland Creek Estates Phase II
NEW BUSINESS
Reso. #178-2008 - Resolution Regarding Employee Performance Evaluation and Merit
Pay/Incentive Program. Werner moved for adoption. Fiedler seconded. Pavelko
proposed an alternative that would tie the merit pay to the tax levy. The lower the tax
levy increase, the higher the merit pay percentage. Mayor Johnson stated the problem
is that historically the levy does not go down; there are always increased costs. Fiedler
stated the resolution confirms that the issue will be reviewed annually. Every future
Council will have to determine what the City can afford. Fiedler has concerns that the
merit pay would be tied to a factor beyond the control of the employees. Werner agreed
Common Council Minutes Page 5
October 28, 2008
that the Council should determine the percentage annually. Motion carried 6 in favor
and Pavelko voting no.
REVIEW OF COMMITTEE REPORTS
Minutes of the 9/23/2008 Finance Committee, 9/16/2008 and 9/30/2008 Community
Development Authority, 8/19/2008 Mayor’s Task Force, 9/29/2008 Public Utilities
Committee, and 9/15/2008 Public Works Committee were reviewed.
OLD BUSINESS
Reso. #146-2008 - A Resolution to Approve a Contract with the Tess Corners Fire
Department to Serve All of the City of Muskego. On the floor as amended 8/26/2008,
deferred 10/14/2008. Borgman moved to defer. Werner seconded; motion carried.
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. On the floor, deferred 10/14/2008. Werner moved to defer. Borgman
seconded; motion carried.
Reso. #176-2008 - A Resolution to Approve the Use of Funds from the 2008 Muskego
Volunteer Fire Company Operating Budget for the Purchase of a Vehicle. On the floor,
deferred 10/14/2008. The Mayor stated the request was withdrawn. Motion defeated
7 in favor.
Ord. #1279 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borst -
Field Drive - EA/OWP to PD). On the floor, deferred 10/14/2008. The Mayor stated this
still needed a recommendation from the Plan Commission. Schneider moved to
defer. Schaefer seconded; motion carried.
Ord. #1283 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code
of the City of Muskego (Floodplain Zoning). Second Reading. The Mayor stated the
Plan Commission made its recommendation on 10/7/2008. Mr. Muenkel stated that the
ordinance was based on a model from the DNR. He stated the following revisions were
needed: Removal of Section 1.5(2)(k) as it no longer applies and “equal or” was added
to Sections 6.1(2)(d), 6.1(2)(e) and 6.3(3)(c) per the request of the DNR. Fiedler
moved to amend as presented. Borgman seconded. Motion carried 7-0. Ord.
#1283, as amended, adopted 7-0.
Ord. #1284 - An Ordinance to Amend the Zoning Map of the City of Muskego and to
Amend the 2010 Comprehensive Plan (Erwin - College Avenue - RS-1 to BP-3 and BP-
1 to BP-3). First Reading.
Ord. #1285 - An Ordinance Creating Chapter 42 of the City of Muskego Code of
Ordinances Establishing Sexual Offender Residency and Loitering Restrictions Within
the City of Muskego. Borgman moved to suspend the rules to have the second
reading for Ord. #1285. Snead seconded. Motion carried 6 in favor; Pavelko did
not vote. Borgman moved for adoption. Snead seconded. Fiedler moved to
amend to include 2,000 ft. as the limit. Werner seconded. Motion carried 6 in
Common Council Minutes Page 6
October 28, 2008
favor; Pavelko did not vote. Ord. #1285, as amended, adopted 6 in favor; Pavelko
did not vote.
LICENSES
Fiedler moved for approval of a Temporary “Class B” Retailers’ License for the
Sale of Wine for the Friends of the Muskego Public Library for 11/7/2008.
Schaefer seconded; motion carried.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$558,393.74. Werner seconded. Motion carried 6 in favor and Schaefer
abstaining. Pavelko moved for approval of payment of Utility Vouchers in the
amount of $368,026.48. Schneider seconded. Motion carried 7-0. Snead moved
for approval of Wire Transfers (for Debt Service) in the amount of $157,882.50.
Borgman seconded. Motion carried 7-0.
CITY OFFICIALS’ REPORTS
The November calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Werner stated the dedication of Atonement Lutheran Church is this weekend.
ADJOURNMENT
Snead moved to adjourn at 9:15 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
Clerk-Treasurer