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COMMITTEE OF THE WHOLE Packet - 1/14/2020CITY OF MUSKEGO COMMITTEE OF THE WHOLE AGENDA 01/14/2020 5:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE APPROVAL OF AGENDA APPROVAL OF MINUTES November 12, 2019 NEW BUSINESS Discuss the Transfer of a Reserve "Class B" Liquor License to the Village of Hales Corners Presentation by Ruekert & Mielke - City Water Study Discuss 2020 Capital Budget Expenditure - Park Arthur Baseball Field #4 Discuss Vacated Police Department Facility Discuss Future Winter Decorations COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT The Committee of the Whole may possibly reconvene immediately following the Common Council meeting of the same date to continue work on agenda items. NOTICE IT IS POSSIBLE THAT MEMBERS OF AND POSSIBLY A QUORUM OF MEMBERS OF OTHER GOVERNMENTAL BODIES OF THE MUNICIPALITY MAY BE IN ATTENDANCE AT THE ABOVE-STATED MEETING TO GATHER INFORMATION; NO ACTION WILL BE TAKEN BY ANY GOVERNMENTAL BODY AT THE ABOVE-STATED MEETING OTHER THAN THE GOVERNMENTAL BODY SPECIFICALLY REFERRED TO ABOVE IN THIS NOTICE.Packet Page 1 ALSO, UPON REASONABLE NOTICE, EFFORTS WILL BE MADE TO ACCOMMODATE THE NEEDS OF DISABLED INDIVIDUALS THROUGH APPROPRIATE AIDS AND SERVICES. FOR ADDITIONAL INFORMATION OR TO REQUEST THIS SERVICE, CONTACT MUSKEGO CITY HALL, (262) 679-4100. Packet Page 2 Unapproved CITY OF MUSKEGO COMMITTEE OF THE WHOLE MINUTES November 12, 2019 5:15 PM City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 5:35 p.m. ROLL CALL Present: Alderpersons Wolfe, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: City Attorney Warchol, Planner Trzebiatowski, Public Works and Development Director Kroeger, Recreation Manager Dunn and Deputy Clerk Blenski. APPROVAL OF MINUTES – September 24, 2019 and October 8, 2019 Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. NEW BUSINESS Presentation Regarding Current Litigation Status both Locally and Nationally on the Opioid Crisis City Attorney Warchol stated that Attorney Griffin could not be present as previously scheduled. He gave a status update on the current litigation. As a result of numerous lawsuits being filed, an Ohio Judge ruled that they all would be combined and become a Class Action Lawsuit in the United States District Court for the Northern District of Ohio. The City of Muskego is currently a member of the “Negotiation Class.” Attorney Warchol recommends that the City stay in the class; there is no cost to the City. The consensus of the Committee was that the City should remain in the Negotiation Class. The COW did not see the need for any further action at this time. Attorney Warchol will continue to provide updates regarding the litigation status. Proposed Ordinance Language Regarding Goats, Barn Event Venues and Scoreboards Planner Trzebiatowski stated staff did research on the above topics. He has information to review so the Committee can determine if it wants to proceed with the proposed changes. The changes would require a public hearing. (The following information regarding goats, barn event venues and scoreboards was taken from the Memo to the Committee of the Whole dated November 7, 2019 compiled and reviewed by Adam Trzebiatowski.) Goats The current Zoning Code only allows goats on A-1 (Agricultural) zoned lots with the approval of a Conditional Use Grant (CUG). The direction of the COW was to explore allowing goats in more districts, modifying some of the current regulations and establishing minimum requirements. Based on that info here are the items that staff is suggesting: In the A-1 district, remove the requirement of a CUG for goats and any references that goats are not allowed by right. By default then, any property that is in the A-1 district and has agriculture as the primary use, goats will be treated the same as cattle and horses, which are allowed without limitation. For properties in the A-1 district used for single-family purposes that want goats, then they will follow the permitted accessory uses section of the A-1 district, which allows all permitted accessory uses in the RCE district. Details on the allowed RCE accessory uses are listed in more detail below.Page 1 of 5 November 12, 2019 Packet Page 3 2 November 12, 2019 In the RCE district, remove any references to goats not being allowed. In this district, goats would be treated similar to livestock (cattle) and horses, which are allowed as an accessory use on lots of at least 120,000 SF (~2.75 acres) in area. If the lot is under that size, then goats would not be allowed. Staff suggests starting at allowing one goat per 40,000 SF of land. The Council could increase this number now or down the road if they feel necessary. The thought was to start there as it is always easier to add more than take away something that was previously granted. Along with these code updates, staff clarified that horses are treated the same as livestock (cattle). This was how the City always treated horses but there were a few sections of the code that had conflicting information. We look at this as a clean-up item. Sheep were added as also being allowed with goats. Research found that many communities regulate goats and sheep in the same manner and with the same allowed quantities. A section was added that clarifies how many total animals can be on a lot and discuss how contiguous lots are looked at as far as animal counts. As part of these updates, staff also propose the removal of the hobby farm section(s) and references in the Zoning Code. The hobby farm regulations conflicted with other portions of the code and no one in 15+ years has requested approval of a hobby farm. Staff thought it made more sense to simplify things by removing that section and just allow the typical animal regulation, as noted above, to apply. Staff propose adding three regulations relating to the storage of bedding material, feed and manure, from the hobby farm section, to the RCE accessory use section that regulates the type and quantity of farm animals allowed on a lot. Motion – Alderperson Kubacki moved to proceed with the proposed Ordinance changes as presented. Alderperson Engelhardt seconded; motion carried. Barn Event Venues A new trend with weddings and other events is holding them in old converted barns. The practice of repurposing and reusing an older building for a new purpose is commonly referred to as adaptive reuse. Our current codes do not have any specific allowance for the adaptive reuse of old barns into event space. The only current option to convert a barn to a wedding/event venue is to seek full commercial zoning, which then limits other uses on a property. We have had three possible landowners in the City that have expressed interest in converting their existing barn into event spaces. Staff suggest allowing the adaptive reuse of existing barns for event/wedding venues in any residential district and in the A-1 district, subject to approval of a conditional use grant (CUG) from the Plan Commission. We would not include commercial districts in this allowance as some commercial districts already all banquet/event spaces. This code section would not apply to barns built after the date of adoption of this ordinance. The suggestion is that the code would state that the CUG shall not be granted unless certain conditions are met. Here are the suggested conditions: (a) The minimum parcel size shall be five (5) acres. (b) A two hundred (200) foot separation between any event related building or amenity/feature and any structures on adjacent lots shall be provided on all sides of the property not abutting a public roadway. Special event/commercial business related structures, activities and/or features are not permitted within a fifty (50) foot buffer area, nor is parking allowed in this buffer area. The Plan Commission can consider reducing the required buffer, as it relates to parking only, from any right-of-way if dense landscape screening is provided. If an existing barn is located closer than the fifty (50) foot buffer, then the Plan Commission can consider reducing the required buffer to not less than the existing barn offset. Where possible, agricultural crops shall Page 2 of 5 November 12, 2019 Packet Page 4 3 November 12, 2019 remain or be grown in the buffer area, or suitable landscaping, to maintain the rural/agricultural character of the site. (c) Buffer plantings shall be provided along a property line where there is an abutting residence, including across roadways, to screen views, lights and noise from the operation. (d) Parcels shall have direct unobstructed frontage along a paved public road for direct access. (e) The surface of the parking areas and driveways are preferred to be asphalt, but the Plan Commission can consider gravel parking areas on a case-by-case basis if the parking is far enough from adjacent lots and homes and if the parking lot can be maintained in a dustless condition. The number of parking stalls required should be one (1) stall for every two (2) people of building capacity with the final quantity being approved by the Plan Commission. (f) Any amplified music should occur only in the main barn structure and all door and windows must remain closed when the amplified music is playing. Special conditions can be considered for unique situations, subject to Plan Commission review. (g) Applicants for a conditional use grant under this Subsection shall provide the following information at the time of application: [1] Ownership of the property [2] Months/duration of operation [3] The anticipated number of events per year [4] Proposed hours/days of operation [5] Primary types of events to be hosted, and a description of their ancillary activities (e.g. hayrides, petting farms, bonfires, etc.) [6] Size of the barn facility and guest capacity, including a floor plan of the barn and auxiliary structures (including any tents or other temporary structures) [7] A site plan/survey for the entire parcel, including ingress/egress, parking areas, all facility structures/tents, restroom locations, and any other site based features [8] Provision of restroom facilities, including screening method (must be provided) [9] Location of refuse receptacles, screening and method of disposal [10] Proposed signage and lighting plan [11] Proposed use and location of amplified music [12] Any additional information required by the Plan Commission to ensure the safe operations of the event / wedding venue. Motion – Alderperson Engelhardt moved to proceed with the proposed Ordinance changes as presented. Alderperson Kapusta seconded; motion carried. Scoreboards The current Zoning Code does not specifically identify the allowance of scoreboards and/or regulations relating to scoreboards. In 2018 the Muskego-Norwary School District worked with staff and the Plan Commission to install a new scoreboard at the high school football stadium complex. At that time a hybrid approach was used to approve the sign, even though the codes were not specific to scoreboards. Also as part of that request the District wanted to have a place for advertisement/sponsorships on the backside of the sign. The signage regulations do not allow signage related to businesses that do not operate on that property on which the signage is located. Due to this, advertising/sponsorships were not allowed on the back of that sign at that time. Based on that overall request, the City did some research on how other Page 3 of 5 November 12, 2019 Packet Page 5 4 November 12, 2019 communities handle scoreboards and are now suggesting the following regulations to be added to the sign portion of the Zoning Code. Scoreboards. Upon approval by the Plan Commission, a scoreboard is allowed in the I-1 Government and Institutional District, PI-1 Parks and Recreation District, or an approved outdoor recreational facility as designated in Article XX subject to the requirements of §400-21. Scoreboards are exempt from the reader board sign size limits of §400-180 F(2). The size, height and location of a scoreboard is subject to Plan Commission approval. The Plan Commission will give special consideration to screening from right-of-way and neighboring residential uses, motion, videos and flashing; and audio/noise emanating from the scoreboard or system mounted to the scoreboard. The Plan Commission can also consider sponsorship advertising on the face, rear or scoreboard structure if there is a defined plan outlining the sizes, quantity and design. Motion – Alderperson Kubacki moved to proceed with the proposed Ordinance changes as presented. Alderperson Borgman seconded; motion carried. The Committee recommended that the public hearing be scheduled for the end of February, 2020. Park Concessions Recreation Manager Dunn stated staff propose to do park concessions in-house. The Recreation Department would handle concessions at Idle Isle. An employee would be staffed at Idle Isle to assist with rentals and sell pre-packaged food items as well as monitor the park activities. Minimal start up would be required. Having a person at Idle Isle would provide a way to track how many people are using the park. The residents in the area do not want Idle Isle to be a destination park. Alderperson Borgman – Selling pre-packaged items is a step down from what was proposed. He agrees that a staff person should be present at the park. Alderperson Kubacki – It is a good start. Mayor – Give the idea a chance. It is a good way to test the waters. Alderperson Wolfe – He agrees with having a staff person in the park, but not to sell food. The City should go back to the original proposals. Ms. Dunn noted that the Council needs to decide if it will allow City parks to be used by a for- profit business. That pertains to all the parks, not just Idle Isle. Alderperson Madden – Suggested the use of a food truck vendor at designated peak times. The City could still sell small items, such as soda and ice cream. This would serve the people that use the park. An RFP would have to be done for the City to choose a food truck vendor. Ms. Dunn recommends doing an RFP for the first year for a food truck vendor to be at Idle Isle on Fridays, Saturdays and Sundays. What about the sale of alcohol? The consensus was that no alcohol would be sold. Motion – Alderperson Borgman moved have an RFP prepared for a food truck vendor as recommended by Recreation Manager Dunn with no sale of alcohol. In addition, there would be a park employee to staff the park. Alderperson Kapusta seconded. Motion carried with Alderperson Wolfe voting no. ADJOURNMENT Alderperson Madden made a motion to adjourn at 6:33 p.m. Alderperson Engelhardt Page 4 of 5 November 12, 2019 Packet Page 6 5 November 12, 2019 seconded; motion carried. Minutes taken and transcribed by Jill Blenski Deputy Clerk. Page 5 of 5 November 12, 2019 Packet Page 7 Page 1 of 1 Discuss the Transfer of a Reserve "Class B" Liquor License... Packet Page 8