COMMON COUNCIL Minutes 20090623
COMMON COUNCIL - CITY OF MUSKEGO Approved: 07/14/2009
MINUTES OF MEETING HELD JUNE 23, 2009
The meeting was called to order at 7:35 p.m. by Mayor Johnson. Also present were
Ald. Fiedler, Schaumberg, Schneider, Werner, Borgman, Harenda, 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 June 19, 2009.
The Mayor did not have any communications to report.
PUBLIC COMMENT
Suzi Link, W172 S7297 Lannon Drive, registered to speak. She expressed concern
about the proposed changes to the Wellhead Protection Ordinance because the quality
of the protection will be drastically downgraded. Ms. Link stated that it was premature
to discuss the sale of the property by the Community Development Authority (Reso.
#091) until the zoning and wellhead protection issues are resolved.
PUBLIC HEARINGS
Mayor Johnson stated that the first public hearing was to consider the petition of
Melanie Larson to rezone property located at W125 S8330 North Cape Road (Tax Key
Number 2212.999.002) from RSE - Suburban Estate District to RS-1 - Suburban
Residence District for the purpose of a future land division.
Mr. Muenkel stated the parcel is located on North Cape Road along the Muskego-
Franklin border. The current zoning allows parcels 40,000 square ft. in size. Single-
family residential lots within the RS-1 zoning district must be at least 30,000 square ft. in
size. The petitioner is requesting the rezoning to complete a land division. The
rezoning request does meet the density as outlined in the current Comprehensive Plan.
Parcels that abut the subject property directly to the north are zoned RS-1. Mr. Muenkel
stated that staff would work with the property owners to relocate some outdoor storage.
No one requested to speak; Mayor Johnson declared the hearing closed at 7:40 p.m.
The Mayor stated the second public hearing was to consider amendments to Chapter
17 Zoning Ordinance, Section 13, of the Municipal Code of the City of Muskego relating
to the Wellhead Protection Overlay District.
Mr. Muenkel used a Power Point presentation to explain the proposed amendments to
the zoning ordinance. He clarified that wellhead protection only applies to municipal
wells, not private ones. The City adopted a wellhead protection zoning ordinance in
1999. An approved Wellhead Protection Plan (WPP) is required for each City well
drilled or taken over after 1992. The City currently has ten wells, five of which were put
in place after 1992 and have Wellhead Protection Plans. The City’s wellhead protection
zoning ordinance only applies to the wells that have Wellhead Protection Plans. The
City will have two new wells coming online this year (Well #9 and Well #13). In light of
that, a few of the City’s wells that do not have plans in place will be capped and
removed from service in the next two to three years. The proposal would amend
Section 13 of the City’s Zoning Ordinance (Chapter 17) and apply to all municipal wells.
The proposed amendment would adopt new DNR language. The City’s current
Common Council Minutes Page 2
June 23, 2009
ordinance prohibits many land uses within distances outside of the DNR regulations.
The proposed ordinance would create 600 ft and 1,200 ft. buffer areas around the well
sites. Some uses now prohibited could be permitted by conditional use grant.
Ald. Harenda expressed concern that the proposed ordinance would regulate all of the
City’s wells. Could a use be prohibited that would be allowed under the current zoning?
Mr. Muenkel stated that an existing use in one of those areas could continue. He noted
that he would review Ald. Harenda’s concern about regulating wells that do not need to
be.
Suzi Link, W172 S7297 Lannon Drive, stated she does not believe the City should make
anything more restrictive. However, why make the well protection less restrictive. She
believes every resident served by City water should have received notice of the public
hearing. She expressed concern about the proposed amendments and the effect on
the City’s lakes and water supply.
Mayor Johnson declared the public hearing closed at 8:25 p.m.
The Mayor stated the last public hearing was to consider amendments to Chapter 18
Land Division. Section 18.46, of the Municipal Code of the City of Muskego relating to
open space dedication requirements.
Mr. Muenkel stated the proposed change has been recommended by the City Attorney.
It relates to open space dedication requirements. The existing ordinance contains
language making a developer “reserve” conservation or park lands. The attorney
believes the language is not valid and should be removed. A similar change will also be
required to Chapter 18, Section 18.21. Another public hearing will be held in the future
for that change. Mr. Muenkel stated that the ordinance to amend both Sections 18.46
and 18.21 would come forward in the future following the second public hearing.
No one requested to speak regarding this issue; the Mayor declared the hearing closed
at 8:27 p.m.
CONSENT AGENDA
Borgman moved to approve the items under the Consent Agenda. Fiedler
seconded. Motion carried 7 in favor.
The following items were approved:
Common Council Minutes of June 9, 2009
Operators’ Licenses for Terrence Addis, Tiffany Banaszak, Ronald Betker, Christine
Bock, Jason Bradley, Dawn Brust, Bobbi Jo Butler, Matthew Cerra, Roselee Crnkovich,
Christine Duston, Jeffery Fohr, Alan Gavin, James Gollwitzer, Sandra Gollwitzer, Scott
Groh, James Gunton, Barbara Hodges, Michael Hoffmann, Cindy Kaminski, Krista Lett,
Carrie McElroy, Joanna Matthes, Robert Maki, Sally Mane, Nicole Martin, Rachelle
Moore, Donna Mae Morris, Colleen O’Connell, John Orlando, Stephen Panitzke, Arvind
Patel, Linda Reinke, Linda Rondeau, Kathleen Rynders, Rebecca Schaefer, Thomas
Schroeder, Colleen Schroeder, Donna Sherman-Ryan, Katrina Slomski, Christina
Smith, Jill Stelmaszewski, Heidi Stetter, Michelle Swette, Kayla Walters-Ketchum, April
Webber, Andrew Weins, Shirley Knight, Samantha Weisheim, Richard Winkler and
Timothy Zielinski
Reso. #090-2009 - Approval of Various License Applications for the City of Muskego for
the Licensing Period July 1, 2009 to June 30, 2010
Common Council Minutes Page 3
June 23, 2009
Reso. #091-2009 - Resolution Approving the Sale of Real Property by the Community
Development Authority of the City of Muskego
Reso. #092-2009 - Award of Bid - 2009 Road Improvement Program
Reso. #093-2009 - Wisconsin Department of Natural Resources NR 208 - Compliance
Maintenance
Reso. #094-2009 - A Resolution Amending the 2008 Budget of the City of Muskego
Reso. #095-2009 - Approval of Amendment to Lake Meadows Declaration of Water
Trust
Reso. #096-2009 - Acceptance of Proposal Submitted by Ruekert & Mielke for
Geomorphic and Drainage Study
Reso. #097-2009 - Acceptance of Proposal Submitted by Ruekert & Mielke for Survey
and Design Services for Woodland Place
Reso. #098-2009 - Approval of Moorland Park Playground Equipment
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 5/26/2009 Finance Committee, 4/20/2009 Public
Utilities Committee, 5/18/2009 Public Works Committee, 5/19/2009 Community
Development Authority, 5/18/299 Parks & Recreation Board.
OLD BUSINESS
Ord. #1299 - An Ordinance to Amend the Zoning Map of the City of Muskego (Firestone
- B-4 to DR-1). On the floor, deferred 6/9/2009. Borgman moved to defer. Werner
seconded. Motion carried 7 in favor.
LICENSES
Werner moved to approve a Temporary License to Sell Fermented Malt Beverages
and Wine for the Common Ground Ministry, Inc. for 7/9/2009. The event will be
held at Callen Construction, S63 W13131 Janesville Road. Schneider seconded;
motion carried.
Ord. #1300 - An Ordinance to Amend the Zoning Map of the City of Muskego (Larson -
RSE to RS-1). First Reading.
Ord. #1301 - An Ordinance to Amend Chapter 17 Zoning Ordinance, Section 13, of the
Municipal Code of the City of Muskego (Wellhead Protection Overlay District). First
Reading.
VOUCHER APPROVAL
Fiedler moved for approval of payment of Utility Vouchers in the amount of
$8,238.98. Snead seconded. Motion carried 7 in favor.
Fiedler moved for approval of payment of Tax Checks Vouchers in the amount of
$121.44. Snead seconded. Motion carried 7 in favor.
Fiedler moved for approval of payment of General Vouchers in the amount of
$442,071.26. Snead seconded. Motion carried 7 in favor.
Common Council Minutes Page 4
June 23, 2009
CITY OFFICIALS’ REPORTS
The July calendar was reviewed.
COMMUNICATIONS AND MISCELLANEOUS BUSINESS
Borgman stated the Library Board would review staffing issues at tomorrow night’s
meeting.
ADJOURNMENT
Snead moved to adjourn at 8:35 p.m. Fiedler seconded; motion carried.
Janice Moyer, MMC, CMTW
Clerk-Treasurer