COMMON COUNCIL Minutes 20090324
COMMON COUNCIL - CITY OF MUSKEGO Approved: 04/14/2009
MINUTES OF MEETING HELD MARCH 24, 2009
Mayor Johnson called the meeting to order at 7:36 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, Clerk-Treasurer Moyer,
Community Development 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 3/20/2009.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Johnson stated there were a few negative comments regarding the use of one
polling place for the February 17 election. Positive comments were also received; the
City saved $4,700 by using one polling place. The City will probably do so again in the
future for those elections where low voter turnout is expected.
PUBLIC COMMENT
Shirley Lewandowski registered to speak. She owns land in the City. Ms. Lewandowski
stated the people she talked to are against the conservation plan. Many of the affected
landowners are senior citizens.
PUBLIC HEARINGS
The Clerk read the public hearing notice to consider petition of Carity Land Corporation
to be granted a zoning amendment to its PD-47 zoning district for Belle Chasse Planned
Development to allow reduced setbacks and offsets from the originally approved
setbacks and offsets.
Mr. Muenkel stated the petition was received from Mr. Carity, the developer of the Belle
Chasse Subdivision, which is located east and west of Durham Drive. Only the first
phase of the development is in place, which is located on the west side of Durham Drive
off of McShane. The petition is to amend the planned development, which was based
on RS-2 zoning. The RS-2 zoning district generally allows parcels of 20,000 sq. ft. with
a 40-ft. front setback and 15-ft. offset on one side and 20-ft. on all other sides. Mr.
Muenkel stated that the approved planned development did allow smaller lot sizes. Mr.
Carity is petitioning to reduce the setbacks and offsets for the remaining lots in the
current development, and all lots that may be developed with future phases. He is
requesting a 35-ft. front setback and 10-ft. offset on one side and 15-ft. on all other
sides. Mr. Muenkel stated that by way of comparison, Mr. Carity notes that the
Woodland Creek Estates PD has the same lot sizes with 10-ft. side offsets and 35-ft.
front setbacks. Mr. Muenkel stated the petition is a zoning amendment, and will have to
be reviewed by the Plan Commission.
The hearing was opened to the audience.
The following individuals spoke against the zoning amendment:
Steve Sams, S77 W14255 McShane Drive
objects to the developer trying to put in as many lots as he can.
concerned about the aesthetics of the area.
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March 24, 2009
Mark Sell, S77 W14315 McShane Drive
The developer proposed the reduced setbacks three years ago, which were not
approved then. He requests that this Council do the same.
James Albertin, S77 W14281 McShane Drive
The developer petitioned for RS-3 zoning several years ago; RS-2 was approved.
Area behind his property is extremely wet. The reduced setbacks will create
additional problems for both the existing property owners and the new ones.
Does not support smaller lot sizes.
Bill Le Doux, S67 W14593 Janesville Road, asked if recreational trails were proposed.
Mr. Muenkel responded no. Mr. Le Doux suggested that setbacks be carefully reviewed
if a recreational trail is located within that area.
Steve Sams would like to see the DNR look at purchasing some of the land within the
area.
Ald. Pavelko spoke on behalf of a constituent who has experienced issues with this
developer. Perhaps the developer is overextended; the individual did not support the
zoning amendment.
The Mayor declared the hearing closed.
CONSENT AGENDA
Schneider moved to approve the Consent Agenda. Werner seconded. Motion
carried 7 in favor.
The following items were approved:
Approval of Operators’ Licenses for Meghan Burrow, Jill Conti, Matthew Halbrooks and
David Zilinsky
Common Council Minutes - 3/10/2009
Reso. #033-2009 - Approval of Agreement Between Water Bugs Ski Team, Inc. and
City of Muskego Concerning Pier Placement at Idle Isle
Reso. #034-2009 - Approval of Agreement Between the City of Muskego and Water
Bugs Ski Team, Inc. for Placement of a Water Ski Jump on Little Muskego Lake
Reso. #035-2009 - Approval of Access Agreement Between the City of Muskego and
Lyle Fickau
Reso. #036-2009 - Approval of Lease Agreement with Jack King for Kelsey Drive
Conservation Land
Reso. #037-2009 - Appointment of Member to the Board of Review
Reso. #038-2009 - Approve Agreement with F & W Landscape for 2009 and 2010 Lawn
Mowing Services
Reso. #039-2009 - Establishing Traffic Regulations (Speed Limit - Lake Drive)
Reso. #040-2009 - Re-Approval of Certified Survey Map - Duve
Common Council Minutes Page 3
March 24, 2009
Reso. #041-2009 - Approval of Design Engineering Services Agreement for the
Reconstruction of Durham Drive (from McShane Drive to North Cape Road)
REVIEW OF COMMITTEE REPORTS
Minutes of the 2/24/2009 Finance Committee, 2/16/2009 Public Utilities Committee, and
2/9/2009 Parks and Recreation Board were reviewed.
OLD BUSINESS
Reso. #023-2009 - Resolution to Establish Fees (Community Development
Department). On the floor, deferred 3/10/2009. Mr. Muenkel stated he was requested
to revise the attachment to reflect all current and new fees. On the previous
attachment, if the fee did not change, the amount was not filled in. Borgman moved to
amend the attachment to reflect all current and new fees. Schaefer seconded.
Motion carried 7 in favor. Reso. #023-2009, as amended, adopted 7 in favor.
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 3/10/2009. Fiedler moved to amend as
follows: “(g) Park/Conservation Area means any area held open for use by the
public for active or passive leisure purposes including, but not limited to, any
park, parkway, recreation or open space area, beach, playground, conservation
area, lake access point or recreational trail. ‘Park/Conservation Area’ also means
any private lake access point or private beach that owners of two or more lots or
condominium units are entitled use, pursuant to a deed restriction, subdivision
plat, condominium declaration, condominium plat, homeowner’s association
regulation or similar rights of common use.” Schneider seconded. Motion
carried 6 in favor and Pavelko abstaining. Ord. #1289, as amended, adopted 6 in
favor and Pavelko abstaining.
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 3/10/2009. The
Mayor noted that a recommendation from the Plan Commission was still forthcoming.
Schaefer moved to defer. Fiedler seconded; motion carried.
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). Second Reading. Borgman moved for adoption. Snead seconded.
Motion carried 7 in favor.
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). Second Reading. Fiedler moved for adoption. Schneider seconded.
Motion carried 7 in favor.
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. Second Reading. Mr. Muenkel stated that the 2020
Comprehensive Planning Committee would be addressing the comments from the
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March 24, 2009
public hearing. He reviewed a supplement that staff prepared that addresses the
questions/points expressed at the 3/10/2009 public hearing. They are as follows:
Conservation Preservation Zoning will reduce the value of the land.
Utilization of Martin Estates (a previously approved conservation subdivision) as an
example.
Why not lower green space requirement to 50%?
Why not make the CP zoning voluntary and promote it rather than make it
mandatory?
Seems that Conservation Preservation zoning proposal was based solely on the
survey sent to Muskego residents.
Will my taxes be lowered or increase as a result of having the Conservation
Preservation zoning applied to my property?
Who pays for taxes on created open spaces?
Who will maintain these open spaces that will be created?
What is the incentive for the property owner to comply with this zoning?
CP zoning places burden on landowner in land division process.
CP principles should apply to City and school lands as well.
(The complete 2020 Comprehensive Plan Public Hearing Questions/Points \[from March 10,
2009\] can be viewed at www.ci.muskego.wi.us under the “What’s New/2020 Comprehensive
Plan” section.)
Mr. Muenkel encouraged the Council members to disburse the information to their
constituents as well as attendance at the next 2020 Comprehensive Planning meeting.
Schneider stated the Council needs to do a better job to sell the plan; people have the
conception it is being jammed down their throats. He prefers CP zoning not be
implemented, and development be handled on a case-by-case basis. Werner is
pleased that discussion will continue to take place with the property owners that have
concerns. Schaefer agreed and stated she has some concerns. She supports deferral
so the plan can go back to the committee. Borgman moved for adoption. Werner
seconded. Schaefer moved to defer. Schneider seconded; motion carried.
Ord. #1294 - An Ordinance to Amend the Zoning Map of the City of Muskego (CP
Conservation Preservation District). Second Reading. Werner moved for adoption.
Pavelko seconded. Borgman moved to defer. Snead seconded; motion carried.
Ord. #1295 - An Ordinance to Repeal and Recreate the Chapter 17 Zoning Code of the
City of Muskego. Second Reading. Borgman moved for adoption. Schaefer
seconded. Werner moved to defer. Snead seconded; motion carried.
Ord. #1296 - An Ordinance to Repeal and Recreate the Chapter 18 Land Division Code
of the City of Muskego. Second Reading. Borgman moved for adoption. Schaefer
seconded. Schneider moved to defer. Schaefer seconded; motion carried.
NEW BUSINESS
Reso. #042-2009 - Resolution to Establish Fees (Clerk-Treasurer). Fiedler moved for
adoption. Werner seconded. Pavelko stated he does not support the fee increases.
Motion carried 6 in favor and Pavelko voting no.
Common Council Minutes Page 5
March 24, 2009
Ord. #1297 - An Ordinance to Grant a PD Planned Development Amendment to the
Approved PD-47 Zoning District for Belle Chasse Planned Development to Allow
Reduced Setbacks and Offsets. First Reading.
Ord. #1298 - An Ordinance to Amend Chapter 33 of the City of Muskego Municipal
Code by Repealing Several Sectors Known as the City of Muskego Residential Point of
Sale Code. First Reading.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$605,246.68. Schaefer seconded. Motion carried 7 in favor.
Pavelko moved for approval of payment of Utility Vouchers in the amount of
$2,348,469.28. Borgman seconded. Motion carried 7 in favor.
Snead moved for approval of Tax Checks in the amount of $29,123.86. Schaefer
seconded. Motion carried 7 in favor.
CITY OFFICIALS’ REPORTS
The April calendar was reviewed. The Mayor noted that the Organizational meeting
would be held at 7:00 pm on 4/21/2009.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
The Mayor reported that mediation for the two bargaining units was scheduled.
ADJOURNMENT
Snead moved to adjourn at 8:35 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
Clerk-Treasurer