COMMON COUNCIL Minutes 20090310 with Attachments
COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/24/2009
MINUTES OF MEETING HELD MARCH 10, 2009
Mayor Johnson called the meeting to order at 7:40 p.m. Present were Ald. Fiedler, Schaefer,
Schneider, Werner, Borgman, Pavelko, and Snead, Clerk Kellie McMullen, Community
Development Director Jeff Muenkel, City Engineer Dave Simpson, and City Attorney Paul Alexy.
Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed
in accordance with the open meeting law on 3/6/2009.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #020-2009 - Honoring City of Muskego Eagle Scout Kyle Pierce. Borgman moved for
adoption. Snead seconded. Kyle Pierce spoke to the meeting about his accomplishments
and adventures in scouting. Motion carried 7 in favor.
Reso. #021-2009 - Resolution Acknowledging the Muskego High School Boys’ Swim Team.
Snead moved for adoption. Werner seconded. Motion carried 7 in favor.
Swim Coach Larry Milton accepted the Resolution on behalf of the Swim Team.
PUBLIC COMMENT
Nancy Salentine – Plan Commission minutes includes the yearly conditional use grant for
Payne and Dolan. An EPA letter states that they believe groundwater contamination identified
at the Muskego Sanitary Landfill has moved beyond the landfill boundary and that it may be
further influenced by pumping or other operations at the Payne and Dolan site. Future
groundwater sampling may be necessary at the site. She is concerned because Payne and
Dolan has not allowed the EPA to access their property to do testing. She would like to have
the Plan Commission consider this as a requirement in the annual review of the conditional use
grant.
PUBLIC HEARINGS
The Clerk read the public hearing notices as follows:
1. Please take notice that the Common Council of the City of Muskego will hold a Public
Hearing at 7:30 PM on Tuesday, March 10, 2009, to consider the following upon the petition of
the City of Muskego: The adoption of the City of Muskego 2020 Comprehensive Plan, 2020
Future Land Use Map, and associated ordinance amendments of the City of Muskego Municipal
Code Chapter 41.
The Comprehensive Planning Committee has been working on the new 2020 Comprehensive
Plan over the past year. The 2020 Plan is a revision to the City’s current 2010 Comprehensive
Plan and meets the State’s Smart Growth Statutes; and
2. A rezoning to add the CP Conservation Preservation Zoning District to the existing
underlying zoning district for the following parcels attached to this notice. This ordinance
change will apply to all those parcels shown as “Conservation Preservation” on the
proposed 2020 Future Land Use Map.
The amendments are related to mandating the use of Conservation Preservation land divisions
in certain areas noted in the new 2020 Comprehensive Plan; and
3. Revisions to Chapter 17 Zoning Ordinance of the City of Muskego Municipal
Code (Sections 2.01, 2.03, 2.04, 2.05, 2.06, 2.07, 3.01, 3.02, 4.02, 4.03, 5.02, 5.11,
Common Council Minutes Page 2
March 10, 2009
7.07, 8.01, 8.12, 8.13, 8.14, 8.20, 8.21, 8.22, 8.23, 8.24, 8.25, 8.26, 8.27, 8.28, 8.29,
8.30, 8.31, 8.32, 8.37, 8.38, 8.39, 10.01, 10.02, 10.04, 11.02, 12.05, 14.02, 15.02, 16.01,
16.04, 16.07, 16.17, 22.02, 23.02, 23.03).
Revisions to Chapter 18 Land Division Ordinance of the City of Muskego
Municipal Code (Sections 18.03, 18.08, 18.10, 18.14, 18.20, 18.22, 18.25, 18.26,
18.30, 18.31, 18.32, 18.33, 18.34, 18.35, 18.40, 18.45, 18.50, 18.51, 18.52, 18.53,
18.54, 18.56, 18.59, 18.60, 18.70, 18.72, 18.73, 18.74, 18.75, 18.76, 18.80, 18.81,18.82,
18.90, 18.91, 18.92, 18.93, 18.94, 18.99, 18.100, 18.102, 18.103, 18.104, 18.105, &
18.106)
The Mayor stated point of order rules for the public hearing.
Community Development Director Jeff Muenkel spoke regarding the 2020 Comprehensive Plan,
rezoning, and revisions to Chapter 17 and 18. This is a two year project involving staff, a
special committee called the 2020 Comprehensive Plan Committee, any city committee affected
by the new Plan, and residents of Muskego. A city-wide survey was sent out regarding the main
issues. Public information meetings were also held. The goal was to receive as much citizen
input as possible. The Plan meets the requirements of the Smart Growth Law mandated by the
State of Wisconsin.
Mr. Muenkel highlighted a few items in the recommendations chapter of the Plan.
Implementing infrastructure improvement programs to make sure that better capital
improvement programs are in place in the future.
Mix of housing densities for all different walks of life. The city has already moved in this
direction.
Park and conservation program updates, and open spaces.
The Plan brings all of the city’s adopted plans together.
Investing in the city’s lakes. How to preserve and bring the lakes back at the same time.
Working with the DNR and developers to preserve open spaces adjacent to the lakes.
Economic development needs to occur to help increase the commercial tax base. The
Plan addresses marketing and promoting economic development.
Intergovernmental cooperation for the long-term, including local government, state
government, and school districts.
2020 Future Land Use Map reflects densities that are very similar to the 2010 map.
Some of the items included are expansion of park facilities, return to historic architecture
in certain areas, zoning and land use along Pioneer Drive and Tess Corners, and how to
bring Little Muskego Lake back into the downtown.
The addition of the CP Conservation Preservation Zoning District to the existing underlying
zoning district is a result of the 2020 Comprehensive Plan. The new zoning district that is
included in the 2020 Future Land Use Map has been discussed with many residents the past
three weeks. Through the city survey it was clear that many residents want to keep the
urban/rural heritages. The Conservation Preservation Zoning District is the result of this
feedback.
The proposed revisions to Chapter 17 and 18 of the Municipal Code are a result of
implementing the Conservation Preservation Zoning District.
The public hearing was opened to the audience.
Bob Lloyd, S110 W20974 Denoon Road owns 39 acres of undeveloped land. He is against the
new CP Zoning District. He feels that this district is unfair to land owners and thay the district
will limit their income on the land if they wish to develop it. He wants it left to the land owners to
decide if they want a cluster of lots.
Common Council Minutes Page 3
March 10, 2009
Elizabeth Stier, S63 W16767 College Avenue has owned property in the city for many years.
She has 10 acres and doesn’t want her land in the proposed CP Zoning District.
Gary Boehm, S86 W17455 Woods Road proposed that the north 20 acres of his 60 acre parcel
be changed to medium density.
Steven Anderson, S71 W13203 Tess Corners Drive feels that the CP Zoning District is not good
for all. He would like a voluntary or incentive program for the new zoning.
Wayne Kopak, 15055 W. Small Road, New Berlin, mentioned public meetings that were
attended by business owners but not land owners. He was critical of the 2020 Comprehensive
Plan Committee regarding cooperation of all parties. He questioned the new CP Zoning District
and urged the city to research as to whether less restrictive conservation practices could be
used.
Joseph Abruzzo represented James and Karen May, S86 W13988 Priegel Drive. Mr. Abruzzo
stated that the May’s are against the new zoning district. He felt that the new zoning will reduce
the value of their land and will restrict the highest and best use of their land. He feels that this
will take away the land owners’ rights.
Dr. Jordan Kopak, Thode Drive feels the property owners should have rights to develop their
land without the influence of others.
Chris Polver representing his grandmother who owns the property at S103 W14500 Loomis
Drive, questioned the validity of the city-wide survey, less than 1,000 people responded to the
survey. Feels there is a small minority of people in the city that are against any development.
Also commented that the city has regulations and ordinances that further restrict and lower the
property value of large parcels of land.
Jorgen May, S70 W20177 Adrian Drive owns 15 acres in the city. He would rather have land
owners come to the Plan Commission when they want to develop their land; and then deal with
the density issue.
Paul Homan, S63 W16495 College Avenue lives next to the business park. He asked why can’t
the city develop property that resembles properties in Elm Grove? He feels there should be
more density and improve multi-family with underground parking to keep diversity in housing.
Martha Henry, S74 W21574 Field Drive owns a 15 acre farm. She is concerned that her
property value has gone down. She stated that she may have to leave because she won’t
qualify for farm taxes with the new CP Zoning District. She would like to plant a forest or prairie
on her land ater, but needs the farm taxes right now.
Gail James, W151 S8100 Harvest Court spoke. Gerald Dovic and Gail James own land at
Mystic Road and Bass Bay. She feels that the city should not have the right to tell her father,
James Dovic, that he cannot sell part of the land or that it has to be put into conservation.
Dave Weiss, W133 S8033 Northview Drive owns a 30 acre parcel on Northview. He was
confused by the map he received in the mail and is against the CP Zoning District. He was
concerned that the public lands on the map were not labeled as conservation preservation. He
feels that a cluster of houses on the front side of a lot next to a road with the rural spot in the
back doesn’t mean people will see the natural area. He stated that the new zoning district will
reduce his profit on the sale of property if he want to subdivide it; and the city will lose tax
base/revenue.
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March 10, 2009
Shirley Lewandowski, 10007 West Forest Home Ave., Hales Corners. She asked for
clarification on who pays the taxes on the conservation land. The Mayor stated the property
owners does depending on the plan. She felt the property owners should not have their rights
taken away.
William Carity, not a resident, but a developer in Muskego for 20 years, commented that the
respondents to the survey were probably the owners of smaller parcels of land and that should
be taken into consideration. He feels this will have a negative impact on the price of land. He
suggested that the city consider the following: a lower percentage of open space required in the
CP zoning; also one size fits all does not always work, there should be flexibility; open space
could be owned and maintained by individual property owners; and look at affordable housing
for youth and elderly.
Dan Johnson represented owners of approximately 11 acres on College Avenue. The owners
want to sell the 11 acres. They can sell 40% of it, but will need to keep 60% of it conservancy.
His question was what do they do with the 60%? Will they need to keep paying taxes on land
that they have no interest in?
Mike Duran, realtor with First Weber Company, represented Gail Schmidt. He feels it is a
mistake to adopt the proposed 2020 Plan. He feels it does not take into consideration major
traffic corridors.
Ed Henrick stated that he was against the CP Zoning District.
Harold DeBack, W198 S10957 Racine Avenue is against the CP Zoning District. He feels
landowners should have a say in the zoning.
Stephanie Bartollota, lives across from Martin Estates. She thinks that Martin Estates is an
example of CP Zoning District and isn’t sure that this zoning has been well received by the
residents of Martin Estates. She is against the proposed 2020 Plan.
Gentleman spoke and did not identify himself. He felt there should be more focus on
developing industrial and commercial in the northwest corner of the city. He stated that the
resurfacing of Durham Drive would not be beneficial, the road bed is substandard.
Richard Knudsen, 7501 W. Wind Lake Road #5, Wind Lake, spoke against the proposed 2020
Plan.
Gail James spoke again. She stated that she is against the proposed 2020 Plan.
Several written comments were submitted and follow the typed record of the meeting. The
public hearing ended at 9:27 p.m.
CONSENT AGENDA
Schaefer asked to remove Resolution #023-2009 and #024-2009 from the Consent
Agenda. Borgman moved to approve the Consent Agenda. Schneider seconded. Motion
carried 7 in favor.
The following items were approved:
Approval of Operators’ Licenses for Marc Cesarec and Anna Wolf.
Common Council Minutes - 2/24/2009
Reso. #022-2009 - Establishing Traffic Regulations (Remove No Parking Sign - Wentland Drive)
Common Council Minutes Page 5
March 10, 2009
Reso. #025-2009 - Approval of Enterprise Banking Services Contract Between U.S. Bank and
the City of Muskego
Reso. #026-2009 - Dedication and Acceptance of Public Improvements in and for Belle Chasse
Phase #1 Subdivision
Reso. #027-2009 - Dedication and Acceptance of Public Improvements in and for Woodland
Creek Estates Subdivision
Reso. #028-2009 - Dedication and Acceptance of Public Improvements in and for Woodland
Creek Estates Addition #1 Subdivision
Reso. #029-2009 - Dedication and Acceptance of Public Improvements in and for Commerce
Center West Development and Reduction in Letter of Credit
Reso. #030-2009 - Approval of Extraterritorial Certified Survey Map - Guntly, Town of Norway
NEW BUSINESS
Reso. #023-2009 - Resolution to Establish Fees (Community Development Department).
Fiedler moved to approve, Schaefer seconded. Borgman moved to defer. Schneider
seconded; motion carried.
Reso. #024-2009 - Approval of Request by Tess Corners Volunteer Fire Department to
Purchase New Rescue Equipment. Schaefer moved to approve. Werner seconded.
Schaefer stated that Tess Corners is purchasing new rescue equipment. She asked that the
minutes note that a Committee of the Whole Meeting is to be held in the future with Tess
Corners Volunteer Fire Department to discuss housing an ambulance at Fire Station #4 on
Racine Avenue. Motion carried 7 in favor.
Reso. #031-2009 - Approval to Authorize Payment of Grant to Ace Industrial Properties, Inc.
Pursuant to Development Agreement with Respect to Tax Incremental District No. 10. Werner
moved for adoption. Borgman seconded. Motion carried 7 in favor.
REVIEW OF COMMITTEE REPORTS
Minutes of the 2/10/2009 Finance Committee, 1/19/2009 Public Works Committee, 2/3/2009
Plan Commission, 1/12/2009 Parks and Recreation Board, and 2/17/2009 2020 Comprehensive
Planning Committee were reviewed.
OLD BUSINESS
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). On the floor, deferred 2/24/2009. Borgman moved to defer. Schneider
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). On the floor, deferred 2/10/2009. The Mayor noted that
a recommendation from the Plan Commission was still forthcoming. Schaefer moved to defer.
Fiedler seconded; motion carried.
FIRST READING OF ORDINANCES
Ord. #1291 - An Ordinance to Amend Chapter 20, Sections 20.09 and 20.10 (4) (b), of the
Municipal Code of the City of Muskego (Permits for Swim Beaches and Waterway Markers)
Ord. #1292 - An Ordinance to Amend Chapter 35, Sections 35.01, 35.02, 35.08 (8), 35.06 (4), of
the Municipal code of the City of Muskego (Maintenance of Residential Yards)
Common Council Minutes Page 6
March 10, 2009
Ord. #1293 - An Ordinance to Adopt the 2020 Comprehensive Plan for the City of Muskego and
to Amend Chapter 41, Sections 41.01, 41.03 and 41.06, of the Municipal Code of the City of
Muskego
Ord. #1294 - An Ordinance to Amend the Zoning Map of the City of Muskego (CP Conservation
Preservation District)
Ord. #1295 - An Ordinance to Repeal and Recreate the Chapter 17 Zoning Code of the City of
Muskego
Ord. #1296 - An Ordinance to Repeal and Recreate the Chapter 18 Land Division Code of the
City of Muskego
LICENSES
Werner moved to approve a Temporary License to Fermented Malt Beverages for
Bethlehem Lutheran Church for an event to be held April 18, 2009. Snead seconded.
Motion carried 7 in favor.
Werner moved to approve a Temporary License to Sell Wine and Fermented Malt
Beverages for Muskego Players for March 20, 21 and 22, 2009. Borgman seconded.
Motion carried 7 in favor.
VOUCHER APPROVAL
Snead moved for approval of Tax Checks in the amount of $2,739.82. Borgman seconded.
Motion carried 7 in favor.
Snead moved for approval of payment of General Vouchers in the amount of $771,902.91.
Schaefer seconded. Motion carried 7 in favor.
Pavelko moved for approval of payment of Utility Vouchers in the amount of $54,787.64.
Borgman seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORTS – None.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Ald. Pavelko requested the placement on the next agenda the opportunity to discuss recent
CDA allegations and activities. He apologized for causing a walking quorum to get a straw poll
on city business. He will cease e-mail communications with the whole council and committee to
avoid any other violations of the law. City business and activities need to be placed on an
agenda and conducted in an open official manner.
Ald. Schaefer mentioned that the Teen Advisory Board is working on Muskego Teen Idol. It will
be held the weekend of the Community Festival. Werner asked Ald. Schaefer to continue as a
citizen advisor for the Board after her term as alderman expires in April.
CLOSED SESSION
The Clerk read the closed session notice. Schafer moved to convene into closed session
pursuant to Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body
who is rendering oral or written advice concerning strategy to be adopted by the body with
respect to litigation in which it is or is likely to become involved, more specifically Herdeman
Matter. Borgman seconded. Motion carried 7 in favor. The Clerk was dismissed. Attorney
Pollen was present for the closed session as well as City Attorney Alexy and City Engineer
Simpson.
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March 10, 2009
OPEN SESSION
Borgman moved to reconvene into open session. Schaefer seconded; motion carried.
NEW BUSINESS (Continued)
Reso. #032-2009 - Consideration of Agreement to Resolve Herdeman Matter. Schneider
moved for adoption. Fiedler seconded. Motion carried 7 in favor.
ADJOURNMENT
Snead moved to adjourn at 10:40 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
Clerk-Treasurer
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