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COMMITTEE OF THE WHOLE - MINUTES - 12/2/1999 COMMITTEE OF THE WHOLE - CITY OF MUSKEGO Approved 1/12/00) MINUTES OF MEETING HELD DECEMBER 2, 1999 Mayor De Angelis called the meeting to order at 7:05 p.m. Also present were Aldermen Slocomb, Chiaverotti, Le Doux, Patterson, Pionek, Salentine and Sanders. Director of Planning Brian Turk was also present. Mayor De Angelis stated the meeting was noticed in accordance with the Open Meeting Law. Ald. Chiaverotti moved to approve minutes of the 11/4/99 meeting. Ald. Slocomb seconded; motion carried. Downtown Area Development Director of Planning Turk stated he was requested to appear before the Committee to discuss the criteria for downtown development. The Comprehensive Plan Committee recently discussed this topic and Mr. Turk stated he would provide some comments from the Committee. He distributed an information sheet (attached) on what makes a “downtown” and observations about Muskego’s downtown area. Mr. Turk noted that with the expansion along Janesville Road, the edges of the City’s downtown area have blurred. The Comp Plan Committee believes downtown should be focused and have a beginning and an end with the edges being Pioneer Drive to Bay Lane. The Committee also discussed Parkland Mall and believed a mix of commercial and residential use was appropriate for the site. The development could consist of specialty retail and professional office rather than “big box” commercial. The Committee also suggested that the building lines be located closer to the street and parking kept to the rear and sides of the structures. Mr. Turk stated that some members of the Committee do not support the widening of Janesville Road to four lanes. He said that the Committee is still making final recommendations and will probably wrap up discussion of downtown at its next meeting. It will then review a preliminary draft of all recommendations with distribution of the final document in January. Discussion continued regarding the proposed widening of Janesville Road. The Mayor stated that if the City opposed the project, the County would probably not force the issue at this time. However, he noted that with the continued increase in traffic the County would probably determine that the road needed to be widened at some point in the future. Ald. Salentine stated it was better to plan now for the project. The Mayor gave a brief update on New Berlin drainage issues stating he had discussions with Mayor Gatzke. They have asked CDM to go back and review the entire drainage basin. It was hoped that the City would receive some information after the first of the year. The Mayor noted that Carrington Woods storm sewer issues were also discussed. The Mayor noted that downtown area development could be placed on the January Committee of the Whole agenda. Mr. Turk stated that the Comprehensive Plan Committee also discussed the amount of proposed commercial development that will be included with the Carity and Dreamland projects. It was noted that the proposed community center could be located within that area. Mr. Turk stated that the Committee just received that information but believed that type of use would have less impact than commercial development. Ald. Pionek stated it is difficult to locate residential, single family development adjacent to business areas. You have to go to something else like multifamily and this community is not big on that. We need to keep the business area downtown, or the City will have a problem developing the perimeters of these areas. The Mayor stated environmental buffers can also be used effectively as well as high density residential units. Weights and Measures - Licensing Fees Committee of the Whole Page 2 Minutes of Meeting Held December 2, 1999 Mr. Turk was also present to discuss proposed licensing and assessment fees for weights and measures inspection services. He offered ordinance language from Hartford and West Bend which allows a City to charge back to businesses the funds paid to the State of Wisconsin for the inspections. Ald. Slocomb stated that the City has been willing to pay for this service in the past as a means of consumer protection. He questioned whether it was cost effective to create a license and assessment fee that required administration. Mr. Turk noted that the $10 licensing fee charged by the City of Hartford covered administrative costs. The fees assessed to each business offset what the City annually paid to the State of Wisconsin. The Committee determined that additional information was needed before a final decision was made. Mayor De Angelis stated that a copy of the last inspection report received from the State could be distributed. Review criteria for land division on lake front property Mr. Turk stated the Public Services Committee has had ongoing discussions about possible amendments to the land division and zoning ordinances relating to new land divisions of lakefront properties, including legal lot status. One criteria for review of legal lot status is hardship which has not been clearly defined. The Public Services Committee has recommended establishing four criteria to define hardship which are preservation of intent, absence of detriment to adjacent properties, exceptional circumstances with hardship not being determined by economics alone, and the proposed division not being contrary to the density objectives outlined in the Comprehensive Plan. Ald. Slocomb expressed concerns about the criteria because they cannot be quantified. Mr. Turk stated there currently is no definition of what constitutes hardship which makes the interpretation even more subjective. He stated that in doing research Muskego appears to be the only community that allows the determination of legal lot status. In all other communities, once you have two nonconforming properties under common ownership, they are automatically combined and can only be separated again if granted a variance by the Zoning Board of Appeals. By adopting a legal lot status ordinance, Muskego has taken that power away from the Board of Appeals. Hardship criteria is still reviewed when a determination is made if legal lot status will be granted. Ald. Slocomb reiterated that the criteria are difficult to measure and does not believe hardship should be a consideration. He expressed concern about denials using the hardship criteria. Mr. Turk provided some explanation as to how the hardship criteria could be interpreted. He also discussed notifying those properties eligible for legal lot status that a proposed ordinance change would be forthcoming. The Committee determined that eligible property owners be notified that they could petition for legal lot status and the City adopt an ordinance eliminating it within a two-year time period. There are approximately 92 eligible parcels that exist (46 property owners). Ald. Slocomb wants the City to have some response from each affected property owner on record. Discussion also took place about allowing the combination of lots for tax purposes with a notation on the map and in the GIS database that the parcel could be separated at a later date. The City will review tax issues with the Assessor’s office and develop the mechanism to accomplish. Reconsideration of Parkland Mall - TIF issue Ald. Pionek wants to see a meeting between the City and the developer. This is going no where. He still favors the creation of a TIF district. The developer could provide insight and the City, in turn, give him some direction. Ald. Salentine agreed that everyone wants to see something get done. She noted that the Council voted in favor of TIF for public improvements; the developer is the one that said all or nothing at all and walked away. The Mayor stated that the Plan Commission was unwilling to move to the next step until a development plan was submitted. Ald. Pionek believed proposals were submitted by the developer. Ald. Chiaverotti stated they were not formal and that meeting with the developer is premature. You will not end up any further than you are today. He needs to present a formal plan. That is what a Committee of the Whole Page 3 Minutes of Meeting Held December 2, 1999 developer does. The City does not dictate how a property should be developed. The Mayor stated that the City does meet with developers to provide initial direction. Ald. Slocomb suggested a letter be put together to the developer to include the Comp Plan Committee’s development standards for the site and allow for his input. It is a way to get dialogue going. Ald. Chiaverotti cautioned that the Comp Plan is still being developed and what will finally be adopted may be different. She did not want any information given to the developer to be misleading. The Mayor confirmed that a letter would be sent to the developer to initiate discussion on this topic. Discussion of Land Conservancy Program Ald. Patterson stated that he would like to see landfill monies used to create a land conservancy to keep a rural flavor to Muskego. The Mayor stated a plan is needed. Ald. Pionek suggested it be reviewed in combination with stormwater management. Ald. Patterson wants to see this move forward and a plan developed. Brian Turk stated a consultant may need to be hired to develop a quality plan. His department may not be able to accomplish with the finalization of the Comp Plan in spring and the need to amend the zoning ordinance, which he prefers to do internally. Ald. Slocomb stated the areas of the City he would like to see protected are the buffer area and important wetlands. Ald. Sanders noted that the Comprehensive Plan Committee was in favor of conservancy or land acquisition. It was determined that Mr. Turk would put together a RFP for review by the Finance Committee so a consultant could be hired. Mr. Turk was dismissed at 9:14 p.m. Status of Linnie Lac Dam The Mayor gave an update on the status noting side slopes were being restored for winter stabilization. He further stated that a letter would be sent to Kathy Aron and Kathy Martin to determine the status of the dredging project and whether or not Park Arthur spoils would be purchased from the City. Status of City Hall Remodeling Project The Mayor stated that the second round of draft plans are being reviewed. A meeting with Department Heads is scheduled for tomorrow to review various details regarding cabinetry, service windows, doors, etc. It is still anticipated that the plans will be done and out to bid in mid to late January with publication the first week in February. The contract is scheduled to be awarded in late March or April. Different options are being reviewed regarding the service windows. The Mayor also stated that ADA compliance regarding the restrooms is being discussed with the State. He noted that during the remodeling the Finance Dept. and Mayor’s office will be located at the Police Dept. with the other departments relocated to the lower level of City Hall. The Mayor stated this was more efficient and cost effective than using trailers. Ald. Patterson stated electronic storage for future use should be considered. During the remodeling, the City’s meetings will be held at the new library. Continued Discussion Regarding Stormwater Funding/Ponds Ald. Slocomb stated landfill funds would be used for stormwater structures that need to be placed in existing, developed areas. New development would share in the cost of a neighborhood basin based on the amount contributed to it. Review Mayor’s Weekly Report The Mayor has not had an opportunity to issue a report since September. He has attempted to have Department Heads keep the Aldermen informed through the use of e-mail. Ald. Slocomb commented that the Plan Department has done very well in this area. Other departments respond to his inquiries but he would like to see more initiative on the part of the Department Committee of the Whole Page 4 Minutes of Meeting Held December 2, 1999 Heads to provide information on an on-going basis. It was again requested that the City logo not be included with e-mail memos to the Aldermen and the subject lines be completed. Ald. Slocomb stated that the City logo should not be saved as part of any document incorporating it. Review Trick or Treat - Date and Time The calls and comments received by the Mayor and Aldermen indicated a preference for Saturday evening to accommodate parties and sleepovers. Ald. Le Doux had a few calls requesting that the starting time be earlier for younger children. Overall the nighttime hours were favored with Ald. Pionek stating that calls he received requested all future trick or treat hours be designated the last Saturday of October. Status of Engineer Position The Mayor stated that he will solicit another recruiting service. Ald. Pionek requested that the qualifications of a previous candidate be reviewed again as some of the position requirements have been modified. Adjournment Ald. Chiaverotti moved to adjourn at 10:15 p.m. Ald. Sanders seconded; motion carried. Minutes transcribed by the Deputy Clerk. Respectfully submitted, Jill Blenski, CMC Deputy Clerk