COMMON COUNCIL Minutes 20090127
COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/10/2009
MINUTES OF MEETING HELD JANUARY 27, 2009
Mayor Johnson called the meeting to order at 7:30 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Borgman, and Pavelko, Clerk-Treasurer Moyer,
Community Development Director Muenkel, City Engineer Simpson and City Attorney
Molter. Ald. Snead was absent. Those present recited the Pledge of Allegiance. The
Clerk stated that the meeting was noticed in accordance with the open meeting law on
1/23/2009.
Mayor Johnson did not have anything to report under Communications. No one
registered to speak under Public Comment.
PUBLIC HEARINGS
The Clerk-Treasurer read the notice of public hearing to consider amendments to
Chapter 17, Section 5.02 (7), of the Zoning Ordinance and amendments to Chapter 18,
Sections 18.31 (3)(b), 18.32 (3)(b), 18.33 (3)(b) and 18.80 2., of the Land Division
Ordinance of the Municipal Code of the City of Muskego relating to wetland protection
offsets.
Mr. Muenkel stated that earlier in 2008 the City adopted an ordinance that changed
wetland protection offsets to meet DNR regulations. Staff has encountered problems
with the new requirements as they relate to existing parcels. Further discussion with the
DNR took place. The DNR informed the City that its regulations do not apply if there is
less than one acre of land disturbance. After looking at the City’s current regulations
and meeting with the DNR, Mr. Muenkel proposes a set distance of 15 feet for the
wetland protection offset. For developments that require over one acre of land
disturbance, the DNR regulations will apply in addition to the City’s.
The following individuals spoke:
Mark Wittig, 10135 Scepter Circle, Franklin
He has an offer to purchase on a five-acre parcel located on Muskego Dam and
Loomis.
He supports the proposed ordinance.
Matt Kramer, S91 W13673 Boxhorn Drive
He has a similar situation; he owns a parcel next to his house.
He favors the 15’ offset.
The Mayor declared the hearing closed at 7:40 p.m.
Mayor Johnson stated the next hearing was to consider an amendment to the Muskego
Sanitary Sewer Service Area.
City Engineer Simpson was present. He stated that the City received a request from
Mr. Orlo Zlensky for sanitary sewer service for a future land development. Mr. Zlensky’s
property is located on Boxhorn Drive. The Public Utilities Committee reviewed the
request. The Committee and staff have recommended several other properties in the
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January 27, 2009
area also be included in this boundary amendment. Mr. Simpson introduced Bill
Stauber from SEWRPC.
Mr. Stauber stated that SEWRPC is responsible for maintaining the Regional Water
Quality Management Plan. He stated a sewer service area plan does two things: 1) It
identifies the outer boundary within which sewers may be extended; it is not mandatory
that they be extended. 2) It identifies environmentally significant lands. Mr. Stauber
noted that MMSD would eventually review the amendment. The DNR is the final
approval authority. Mr. Stauber reviewed a map, which depicts the current sewer
service area and the area proposed to be added. The proposed addition consists of
122 acres including five existing homes. The developable portion of the area is
anticipated to be developed for residential use in the future. Following adoption of the
amendment by the Council, SEWRPC will consider approval on March 4. Once that is
done, a report would be published and transmitted to the DNR and MMSD for final
approval.
Mr. Orlo Zlensky, S91 W13253 Boxhorn Drive, spoke in favor of the amendment, which
will benefit his property.
Mayor Johnson declared the hearing closed at 7:53 p.m.
CONSENT AGENDA
Borgman moved to approve the items under the Consent Agenda. Schneider
seconded. Motion carried 6 in favor. The following items were approved:
Approval of Operators’ Licenses for Shannon Brock, William Francis, Zachary Mariani,
Corianne Markowski, John Melesky III, Thomas Pajot, and Jennifer Reichert.
Common Council Minutes - 1/13/2009
Reso. #005-2009 - Approval of Agreement with Jani-King for Cleaning Services
Reso. #011-2009 - Authorization to Purchase Three Police Department Vehicles
Reso. #012-2009 - Dedication and Acceptance of Public Improvements in and for
Harvest Court and Release of Deposit
NEW BUSINESS
Reso. #008-2009 - Denial of Claim - Yaeger. Borgman moved for adoption. Fiedler
seconded. Motion carried 6 in favor.
Reso. #009-2008 - Resolution for Adoption of a Muskego Sanitary Sewer Service Area
Amendment. Schneider moved for adoption. Borgman seconded. Motion carried
6 in favor.
Reso. #010-2008 - Amended and Revised Final Resolution Authorizing Installation of
Water Improvements and Levying Special Assessments Against Benefited Property
(Thiele). Pavelko moved for adoption. Schneider seconded. Motion carried 6 in
favor.
REVIEW OF COMMITTEE REPORTS
Common Council Minutes Page 3
January 27, 2009
Minutes of the 11/25/2008 and 12/9/2008 Finance Committee, 11/10/2008 Parks and
Recreation Board, 1/6/2009 2020 Comprehensive Planning Committee, 12/8/2008
Public Utilities Committee, 12/15/2008 Public Works Committee and 12/17/2008 Teen
Advisory Board were reviewed.
Ord. #1289 - An Ordinance to Amend Chapter 42, Section 42.02 and Section 42.03 (c),
of the Municipal Code of the City of Muskego (Sexual Offenders Residency and
Loitering Restrictions). Second Reading. Schaefer moved for adoption. Borgman
seconded. Schaefer moved to defer. Borgman seconded; motion carried.
Ord. #1290 - An Ordinance to Amend Chapters 17 and 18 of the Municipal Code of the
City of Muskego (Wetland Protection Offsets). First Reading.
VOUCHER APPROVAL
Pavelko moved for approval of payment of Utility Vouchers in the amount of
$394,616.09. Schaefer seconded. Motion carried 6 in favor. Werner moved for
approval of payment of General Vouchers in the amount of $708,582.64. Schaefer
seconded. Motion carried 6 in favor. Werner moved for approval of Tax Checks
in the amount of $38,324.88. Schaefer seconded. Motion carried 6 in favor.
Werner moved for approval of Wire Transfers for Tax Settlements in the amount
of $18,144,954.65. Schaefer seconded. Motion carried 6 in favor. Werner moved
for approval of Wire Transfers for Debt Service in the amount of $36,963.98.
Schaefer seconded. Motion carried 6 in favor.
CITY OFFICIALS’ REPORTS
The February calendar was reviewed.
ADJOURNMENT
Schaefer moved to adjourn at 8:00 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
Clerk-Treasurer