COMMON COUNCIL Minutes 20120110
COMMON COUNCIL - CITY OF MUSKEGO Approved: 01/24/2012
MINUTES OF MEETING HELD JANUARY 10, 2012
Mayor Chiaverotti called the meeting to order at 7:04 p.m. Present were Ald. Fiedler,
Schaumberg, Soltysiak, Werner, Borgman, Harenda and Snead, Community
Development Director Muenkel and Director of Finance and Administration Mueller.
Those present recited the Pledge of Allegiance. Ms. Mueller stated that the meeting
was noticed in accordance with the open meeting law on January 6, 2012.
COMMUNICATIONS FROM THE MAYOR’S OFFICE
Mayor Chiaverotti clarified that individuals who want to speak at the public hearings do
not need to submit a Public Comment form.
PUBLIC COMMENT
The following registered to speak regarding the lake park proposal:
Supports the potential proposal:
Shirley Bykowski, S78 W20103 Burningwood Court
Michael Pierski, S75 W17313 Janesville Road
Aaron Robertson, S67 W12559 Larkspur Road
Marguerite Ingold, S76 W17501 Janesville Road
William Schneider, S75 W20101 Ridge Road
Lloyd Hawes, W197 S7678 Sunny Hill Drive
Virginia Kohler, W192 S7196 Hillside Drive
Ray Ingold, S76 W17501 Janesville Road
The following registered support of the proposal, but did not wish to speak:
Thomas Ralston, S81 W19386 Highland Park Drive
Kathleen Mueller, W173 S7996 Scenic Drive
Expressed concerns about the proposal:
Ken Fries, W175 S7229 Lake Drive
Suzi Link, W172 S7297 Lannon Drive
Mark Oliver, S75 W17674 Harbor Circle
Henry Plum, S75 W17555 Harbor Circle
PUBLIC HEARINGS
Ms. Mueller read the public hearing notice to consider the petition to revise Chapter 17,
the Zoning Ordinance of the City of Muskego, Sections 4.03, 8.01, 8.38, 9.17, 14.03,
14.06, 15.05 and 16.09.
Mr. Muenkel stated the proposed ordinance would address various changes to the
City’s Zoning Code (Chapter 17). The proposed changes are required due to
clarifications, state code changes or board requests. They are as follows:
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January 10, 2012
Section 4.03(6) – This was requested by the Community Development Authority (CDA)
so people who receive approved grants/loans from the City have to maintain their
improvements in perpetuity.
Section 8.01(3) C. and Section 14.03 – This is clarification based on state codes
regarding zoning variances. This is the recommended way for the City to make
reasonable accommodations for the disabled when it comes to zoning related
setbacks/offsets.
Section 8.38(3) C. 1. – This change shows that nursing homes are allowed with
conditional use grants in the DR-1 District in order to match other commercial zoning
districts.
Section 9.17(1) – This correction is need to update the Lake Meadows PD code section
to match the required accessory structure rear offset that has always existed, but was
inadvertently omitted from the code language.
Section 14.06 – This is for clarification as to when a public hearing is required for the
willing removal of a Conditional Use Grant.
Section 15.05(8) – This modification to the fence zoning text is being added to clarify
how fence height regulations are measured.
Section 16.09(3) – This modification was requested by the Plan Commission from past
review. This change will allow more flexibility in electronic message center displays.
Mr. Muenkel noted that the Plan Commission will review the proposed changes at its
February meeting.
Suzi Link, W172 S7297 Lannon Drive, questioned how the perpetuity clause
\[amendment to Section 4.03(6)\] would be administered and if it would create more
problems instead of solving them.
The Mayor declared the hearing closed.
Ms. Mueller read the public hearing notice to consider the petition to repeal and recreate
Section 8.35 of Chapter 17, the Zoning Ordinance of the City of Muskego and to amend
the City of Muskego Official Zoning Map to change all EA - Exclusive Agriculture zoned
parcels to A-1 - Agricultural.
Mr. Muenkel presented the following information regarding the proposed change:
The City has had an EA zoning district since the 1980’s. It was put in place solely
to allow property owners to obtain preservation tax credits. The parcels have to be
a minimum of 35 acres in size and used exclusively for agricultural activities.
In the last few years, the State of Wisconsin changed the requirements for a
property owner to receive the agricultural tax credits. Mr. Muenkel reviewed the
new requirements to qualify for credits.
The City did send a letter to all owners of properties zoned EA requesting input.
The Common Council should review the various options and provide direction on
how it wants to proceed.
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January 10, 2012
Mr. Muenkel reviewed the following options:
1. Leave the existing EA zoning district and EA zoning ordinance text as is.
2. Adopt new ordinance language (#1353). The City would then meet the
requirement for the new state certified EA zoning text. The EA zoning district
would be retained. Farmers would be eligible in the future for the preservation
tax credits. However, Mr. Muenkel noted that there are many more obligations
that a property owner must meet to qualify for the tax credits in addition to being
zoned EA. If the Council chooses this option, proposed Ordinance #1354 would
have to be defeated.
3. Remove the existing EA zoning and change any parcels that have the EA zoning
district to the A-1 - Agricultural zoning district. This option would allow the
continuation of existing farming practices. It would also allow property owners to
divide a parcel of 2.75 acres in size without a rezoning petition. The same uses
are allowed in the A-1 zoning district. The A-1 district meets the rural density
residential requirement per the Comprehensive Plan. If the Council chooses this
option, proposed Ordinance #1353 would have to be defeated.
Mr. Munkel noted that out of all the property owners that were notified regarding this
issue, he only heard from two. Staff recommends the option to remove the EA zoning
and rezone all the parcels A-1. The Plan Commission still has to review the matter and
make a recommendation.
The following individuals spoke regarding this issue:
Sally Feinauer stated she owns the property located at W207 S8916 Hillendale Drive.
She stated she supports the A-1 zoning. It provides more flexibility to all the property
owners.
Ald. Fiedler asked what the cost was to petition for rezoning. Mr. Muenkel stated
approximately $800 ($500 plus developer’s deposits).
Eileen Madden, S110 W14800 Union Church Road, stated she does not see a reason
for the zoning to change. She believes individual property owners in the EA district
should petition for rezoning. She would like her property to remain Exclusive Ag.
The Mayor declared the public hearing closed.
Ms. Mueller read the public hearing notice to consider the petition of Richard and
Neome Schaumberg to rezone property at W181 S9102 Parker Drive (Tax Key
#2241.997) from A-1 Agricultural District to RC-1 - Country Residence District for the
purpose of a possible land division.
Mr. Muenkel stated the subject parcel is located east of Parker Drive. The
Schaumbergs are requesting to rezone property from A-1, which requires a 2.75 acre
parcel, to RC-1. The RC-1 district allows parcels of 80,000 square feet in area. The
rezoning petition is for a future land division. The new parcel would meet the rural
density residential requirement of the Comprehensive Plan. Staff supports the rezoning
petition. A recommendation from the Plan Commission will be forthcoming.
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January 10, 2012
Suzi Link, W172 S7297 Lannon Drive, stated the Schaumbergs are going through the
process in the proper manner. They want the zoning in place prior to moving forward
with any future plans. The Council needs to remember that zoning changes should be
done if in the best interests of the community.
The Mayor declared the hearing closed.
UNFINISHED BUSINESS
Ord. #1346 - An Ordinance to Establish Salaries for Elected Officials. Second Reading.
Ald. Fiedler moved for adoption. Ald. Borgman seconded. Motion carried 7 in
favor.
Ord. #1347 - An Ordinance to Amend Chapter 9, Section 9.05, of the Municipal Code of
the City of Muskego (Loud and Unnecessary Noise Prohibited). Second Reading. Ald.
Borgman moved for adoption. Ald. Werner seconded. Motion carried 7 in favor.
Ord. #1348 - An Ordinance to Amend Chapter 9, Section 9.14(3), of the Municipal Code
of the City of Muskego (Open Fires Restricted). Second Reading. Ald. Borgman
moved for deferral. He received a call from a Bay Breeze resident that the proposed
ordinance would make barbequing illegal. He requested that the ordinance go back to
the Public Safety Committee. Ald. Harenda seconded; motion carried.
Ord. #1349 - An Ordinance Establishing Fees for Ambulance Services. Second
Reading. Ald. Fiedler moved for adoption. Ald. Werner seconded. Ald. Harenda
stated that he requested information to support the 12% increase, but received only
some data from Tess Corners. He has reservations about the increase. He received
information to support the increase as a result of rising gas prices, but does not believe
the 12% is warranted. Ald. Soltysiak stated he does not like the rate increase either.
However, the City needs the service and Tess Corners has effectively provided it for
many years. He would like the Public Safety Committee to work with Tess Corners to
see how costs could be reduced in addition to planning for increases in the future.
Mayor Chiaverotti stated that the City contracts with Tess Corners for a service like it
does with other service providers. We typically do not ask contractors for data to
support their charges. Ald. Harenda reiterated that he is not opposed to the increase;
he just wants the data to support it. Motion carried 7 in favor.
CONSENT AGENDA
Ald. Borgman moved to approve the items under the Consent Agenda. Ald.
Werner seconded. Motion carried 7 in favor.
The following items were approved:
Approval of Operator’s Licenses for John Beneke, Amy Brown, Rebecca Brown, Alan
Currie, Jacqueline Gwitt-Schuetz, Bobbi Jo Hinkley, Dennis King, Andrea Lewandowski,
Jesse Mawwhinney, Jennifer Milonczyk, Rachel Nadolny, Jennifer O’Reilly, Beth
Pinkert, Keith Stefani and Anna Wolf
Common Council Minutes - December 13 and 27, 2011
Reso. #001-2012 - Resolution Combining Wards for Election Purposes
Reso. #002-2012 - Appointment of Citizen Member to Community Development
Authority (R. Mueller)
Common Council Minutes 5
January 10, 2012
REVIEW OF COMMITTEE REPORTS
The following minutes were reviewed: 11/22/2011 Finance Committee.
ORDINANCES
Ord. #1350 - An Ordinance to Amend Chapter 12, Section 12.01 (9)(d), of the Municipal
Code of the City of Muskego (Licensing Sales of Alcoholic Beverages/Closing Hours).
First Reading.
Ord. #1351 - An Ordinance to Amend Chapter 17, Sections 4.03, 8.01, 8.38, 9.17,
14.03, 14.06, 15.05 and 16.09, of the Zoning Code of the City of Muskego. First
Reading.
Ord. #1352 - An Ordinance to Amend Chapter 32, Sections 32.13 and 32.15, of the
Municipal Code of the City of Muskego (Fire Prevention Code). First Reading.
Ord. #1353 - An Ordinance to Repeal and Recreate Section 8.35 of Chapter 17, the
Zoning Ordinance of the City of Muskego. First Reading.
Ord. #1354 - An Ordinance to Amend the City of Muskego Official Zoning Map to
Change All EA - Exclusive Agriculture Parcels to A-1 - Agricultural. First Reading.
Ord. #1355 - An Ordinance to Amend the Zoning Map of the City of Muskego
(Schaumberg - A-1 to RC-1). First Reading.
LICENSES
Ald. Soltysiak moved to approve a Temporary License for the Sale of Fermented
Malt Beverages and Wine for Special Olympics Wisconsin for February 12 Polar
Plunge to be held at Muskego County Park. Ald. Werner seconded. Motion
carried 6 in favor. Ald. Fiedler abstained.
VOUCHER APPROVAL
Ald. Schaumberg moved for approval of payment of Utility Vouchers in the
amount of $94,671.01. Ald. Werner seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of Tax Vouchers in the amount
of $52,185.63. Ald. Fiedler seconded. Motion carried 7 in favor.
Ald. Schaumberg moved for approval of payment of General Vouchers in the
amount of $123,076.14. Ald. Werner seconded. Ald. Fiedler and Soltysiak left
because of a conflict. Motion carried 5 in favor with Ald. Fiedler and Soltysiak
abstaining. Ald. Fiedler and Soltysiak returned to the meeting.
CITY OFFICIALS’ REPORTS
Discussion took place regarding the January calendar.
CLOSED SESSIONS
Ald. Borgman moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the
investing of public funds, or conducting other specified public business,
whenever competitive or bargaining reasons require a closed session, more
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January 10, 2012
specifically purchase of the properties per approved Resolution #142-2011 (Lake
Park). Ald. Werner seconded. Motion carried 7 in favor.
Ald. Fiedler moved to convene into closed session pursuant to Wis. Stats.
§19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the
investing of public funds, or conducting other specified public business,
whenever competitive or bargaining reasons require a closed session, more
specifically labor negotiations for 2012. Ald. Borgman seconded. Motion carried
7 in favor. The Council convened into closed session. Ald. Snead left the meeting and
was not present for the second closed session because she was ill.
OPEN SESSION
Ald. Harenda moved to reconvene into open session. Ald. Fiedler seconded;
motion carried.
ADJOURNMENT
Ald. Harenda moved to adjourn at 10:00 p.m. Ald. Fiedler seconded; motion
carried.
Minutes transcribed
by Jill Blenski, Deputy Clerk