COMMON COUNCIL Minutes 20090414
COMMON COUNCIL - CITY OF MUSKEGO Approved: 05/12/2009
MINUTES OF MEETING HELD APRIL 14, 2009
Mayor Johnson called the meeting to order at 7:39 p.m. Present were Ald. Fiedler,
Schaefer, Schneider, Werner, Borgman, Pavelko, and Snead, Community Development
Director Muenkel, Deputy Clerk Blenski and City Attorney Molter. Those present recited
the Pledge of Allegiance. The Deputy Clerk stated that the meeting was noticed in
accordance with the open meeting law on 4/10/2009.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Reso. #043-2009 - Resolution Honoring the Muskego Volunteer Fire Company.
Schaefer moved for adoption. Fiedler seconded. Motion carried 7 in favor.
Delbert Holtz, Tom Ludwig and Eddie Schaefer were present. Mr. Ludwig accepted the
resolution on behalf of the fire company.
The Deputy Clerk read the Proclamation declaring May as “Green-Up Muskego” month.
The Deputy also read the Proclamation announcing Friday, April 24 as Arbor Day. Kim
Sebastian of the Wis. DNR presented an award to the City of Muskego for being a “Tree
City” for ten years.
PUBLIC COMMENT
No one registered to speak.
NEW BUSINESS
Reso. #050-2009 - Authorizing the Issuance of a Summons as to Complaint Regarding
the Fermented Malt Beverage License of Kwik Trip, Inc. City Atty. Molter presented a
brief explanation. A complaint was filed as a result of two underage violations at the
establishment. Fiedler moved for adoption. Borgman seconded. Motion carried 7
in favor. The Council took a short break to execute the necessary paperwork.
Reso. #051-2009 - Approving the Stipulation and Entering the Determination Regarding
the Fermented Malt Beverage License of Kwik Trip, Inc. Schneider moved for
adoption. Borgman seconded. Motion carried 7 in favor.
CONSENT AGENDA
Mayor Johnson requested that Reso. #048-2009 be removed from the Consent Agenda.
Borgman moved to approve the Consent Agenda without Reso. #048-2009.
Werner seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operators’ Licenses for Tracy Bergmann, William Brent, Christine Sobczyk,
Tara Squire and Neil Subel
Common Council Minutes - 3/24/2009
Reso. #044-2009 - Approval of Certified Survey Map - Thiele
Reso. #045-2009 - Resolution to Retain Special Counsel for Representation at Liquor
License Suspension and/or Revocation Hearing
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April 14, 2009
Reso. #046-2009 - Resolution to Adopt Family and Medical Leave Policy
Reso. #047-2009 - Resolution Opposing Proposed Changes to Prevailing Wage Law
Reso. #049-2009 - Approval of Proposal Submitted by JSA Civil Environmental
Engineers to Review Veolia Emerald Park Landfill 2009 Expansion Feasibility Study
NEW BUSINESS
Reso. #048-2009 - Approval of Lease Agreement with Tom Schaefer to Cultivate Lands
on Portion of Moorland Park. Borgman moved for adoption. Schaefer seconded.
Fiedler moved to amend the lease to add, “Soybeans shall be cultivated during
both growing seasons” at the end of the “SPECIAL CONDITION” section.
Schaefer seconded. Motion carried 7 in favor. Reso. #048-2009, as amended,
adopted 7 in favor.
REVIEW OF COMMITTEE REPORTS
Minutes of the 2/23/2009 Public Works Committee, 3/3/2009 Plan Commission,
3/3/2009 and 3/30/2009 2020 Comprehensive Plan Committee and 1/21/2009, 2/5/2009
and 3/4/2009 Teen Advisory Board were reviewed.
OLD BUSINESS
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 3/24/2009. Mr.
Muenkel stated the Plan Commission recommendation proposes a 10 ft., 20 ft. or 30 ft.
setback depending on the susceptibility of the wetlands. This would be a change from
the existing 15 ft. setback. The ordinance that is on the floor would need to be
amended. Fiedler stated he does not support the amendment. The DNR has not
indicated that the City’s wetlands will benefit with the additional footage. He does not
favor additional government restrictions regarding what property owners can do with
their land. Schaefer stated she supports the amendment. The DNR leaves this issue to
the municipality to address. Schaefer moved to amend the ordinance to reflect the
recommendation of the Plan Commission for 30 ft., 20 ft. and 10 ft. wetland
offsets. Borgman seconded. Motion failed with Fiedler, Schneider, Werner and
Snead voting no and Schaefer, Borgman and Pavelko voting yes. Ord. #1290
adopted 6 in favor and Schaefer voting no.
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. On the floor, deferred 3/24/2009. Mr. Muenkel stated that
the recommendation from the Plan Commission and the 2020 Comprehensive Planning
Committee is that the Conservation Preservation zoning be voluntary. Fiedler moved
to amend to add the following to the ordinance: “SECTION 4: That the attached
adopted 2020 Comprehensive Plan and Map shall include the amendments to
make Conservation Preservation Subdivisions voluntary instead of mandatory.
Further, that recommendations concerning Conservation Preservation in the plan
shall reflect promoting and enhancing the City’s Conservation Subdivision
ordinances in an effort to promote new developments conserving the City’s open
spaces and environmental corridors,” and to amend the plan and map to reflect
that the Conservation Preservation Subdivision be voluntary. Borgman
seconded. Motion carried 7 in favor. Fiedler moved to amend the plan to add Tax
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April 14, 2009
Key No. 2295.996.005 as commercial. Werner seconded. Schaefer stated she
agreed. Motion carried 7 in favor. Werner moved to amend the plan to change
several parcels from residential to commercial based on location and the
upcoming Janesville Road reconstruction. They are: Tax Key Nos. 2195.058,
2195.061, 2195.063, 2195.064 and 2195.066. Werner submitted a petition from the
affected property owners requesting the change. Fiedler seconded. Motion carried 7
in favor. Ord. #1293, as amended three times, adopted 7 in favor.
Ord. #1294 - An Ordinance to Amend the Zoning Map of the City of Muskego (CP
Conservation Preservation District). On the floor, deferred 3/24/2009. The Mayor
stated that the recommendation from the Plan Commission was a denial. Atty. Molter
stated that a valid protest petition was filed, which requires a ¾ vote of the Council to
pass the ordinance. Fiedler noted that adoption of the ordinance would contradict the
2020 Comp Plan that was just adopted. Ord. #1294 defeated 7 in favor.
Ord. #1295 - An Ordinance to Repeal and Recreate the Chapter 17 Zoning Code of the
City of Muskego. On the floor, deferred 3/24/2009. Fiedler moved to defer.
Borgman seconded. Motion carried 7 in favor.
Ord. #1296 - An Ordinance to Repeal and Recreate the Chapter 18 Land Division Code
of the City of Muskego. On the floor, deferred 3/24/2009. Werner moved to defer.
Snead seconded. Motion carried 7 in favor.
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. Second Reading. Fiedler moved for adoption.
Borgman seconded. Mr. Muenkel stated when the development was originally
approved, some reduced lot sizes were allowed. At that time, the Plan Commission
wanted to retain the setbacks of the RS-2 zoning so the houses would be further apart.
The Plan Commission did support the amendment to change the setbacks and
recommended denial. Ord. #1297 defeated 7 in favor.
Ord. #1298 - An Ordinance to Amend Chapter 33 of the City of Muskego Municipal
Code by Repealing Several Sections Known as the City of Muskego Residential Point of
Sale Code. Second Reading. Fiedler moved for adoption. Borgman seconded.
Fiedler stated he supports the elimination of the point of sale inspections. Most property
owners retain the services of private inspectors. Ord. #1298 adopted 7 in favor.
VOUCHER APPROVAL
Snead moved for approval of payment of General Vouchers in the amount of
$965,869.52. Schaefer seconded. Motion carried 7 in favor.
Pavelko moved for approval of payment of Utility Vouchers in the amount of
$189,034.75. Schneider seconded. Motion carried 7 in favor.
Snead moved for approval of Tax Checks in the amount of $280.00. Schaefer
seconded. Motion carried 7 in favor.
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April 14, 2009
COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW
Snead noted some upcoming social events. Fiedler expressed the gratitude of the City
to all the members of the 2020 Comprehensive Planning Committee for their dedication
and service. Mayor also thanked the staff of the Community Development Dept. for
their work to finalize the plan. Werner thanked Schaefer and Pavelko for their service to
the community as aldermen. Schaefer noted the Teen Advisory Board is planning an
“idol” event during the community festival.
CLOSED SESSION
Borgman 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 Notice of Injury - Notice of Claim - Parkland Venture, LLC. Werner
seconded. Motion carried 7 in favor.
OPEN SESSION
Fiedler moved to reconvene in open session. Borgman seconded; motion
carried.
ADJOURNMENT
Schaefer moved to adjourn at 9:04 p.m. Schneider seconded; motion carried.
Jill Blenski, CMC
Deputy Clerk