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COMMITTEE OF THE WHOLE - MINUTES - 5/25/2006 COMMITTEE OF THE WHOLE – CITY OF MUSKEGO Approved 6/22/2006 MINUTES OF MEETING HELD MAY 25, 2006 Mayor Charles H. Damaske called the meeting to order at 7:00 PM. Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Damaske, City Administrator Sheiffer, Ald. Borgman, Ald. Buckmaster, Ald. Melcher, Ald. Snead, Ald. Salentine, Ald. Schroeder, Ald Madden, Engineering/Building Inspection Director McMullen and those per the attached list. STATEMENT OF PUBLIC NOTICE Mayor Damaske stated that the meeting was noticed in accordance with the opening meeting law. APPROVAL OF AGENDA Ald. Salentine moved for approval of the May 25, 2006 Agenda. Ald Madden seconded. Motion to approve the agenda carried unanimously. REVIEW MINUTES OF PREVIOUS MEETING Ald. Melcher moved for approval of the March 30, 2006 minutes. Ald. Borgman seconded. Motion to approve the minutes carried unanimously. Mayor determined that he would take items out of order. UNFINISHED BUSINESS Continue discussion of proposed 2010 Comprehensive Plan changes Mayor Damaske gave Committee members a (2010 Land Use Plan Proposed Amendments) map of the areas for discussion, and also asked if they received the letter from Judy Strampe. He also noted that Mrs. Ruth Pellmann was in attendance. Boundary #1 located south of Woods Road from the high school going north to just west of Bay Lane Drive - Ald. Schroeder discussed what led to the proposal of possibly amending the 2010 Land Use Plan for boundary #1. Mr. Stefaniak, landowner, brought forward plans for a RS-2 development located off of Woods Road and Racine Avenue. Ald. Schroeder received an overwhelming number of responses from the public hearing and neighboring residents, who felt an RS-2 development in a shore land/wetland in the Big Muskego Lake District area is out of line for conservation purposes. In response to this, discussion began on how to preserve the conservation area that we already have. Twenty years ago, residents did not expect the amount of development north of Bass Bay and Big Muskego Lake area that we have today. At this point, Ald. Schroeder does not want to move forward with boundary #1 in reference to the far west end until after a meeting with Mr. Stefaniak and neighboring residents has been conducted. Ald. Salentine and Ald. Madden agreed they are not ready to move forward with boundary #1. Committee of the Whole Page 2 May 25, 2006 Ald. Buckmaster stated Plan Commission members asked Council to revisit the Comprehensive Plan, which resulted after five public hearings requesting to change the zoning in the areas from Durham to North Cape to Racine and back to Woods Road. He read comments from Plan Commission members regarding the Comprehensive Plan:  We do not believe the plan is infallible; it is not rigidly cast in concrete.  It is produced to determine, at that time, what is the highest and best use of our current land.  It is not an attempt to replace market forces of supply and demand.  It is not meant as an economic tool to either gain economic prosperity or not.  To achieve a balance approach between community rights, and the private privilege of property owners. Ald. Schroeder commented that with the neighboring meeting, he requested being held, he would recommend changing the Stefaniak development to RSE zoning with one-acre lots. Also, he would recommend changing the northeast area of boundary #1 to RS-2 zoning with the option of an OPD. He stated that these are his thoughts so that everyone knows where he stands today, but Council has a lot of time to review and he reserves the right to change his mind. Ald. Buckmaster noted that Plan Commission members are in the process of revising the current Zoning Code, Chapter 17. He suggested before making a complete recommendation on the four boundaries, Council should first consider implementing the new zoning code revision. Boundary #2 is located along Bass Bay and Big Muskego Lake south of Mystic Drive extending east to Durham Drive, all south of McShane Drive – Ald. Madden requested more time to research the boundary before making a recommendation. Boundary #3 is located west of Lake Denoon and south of Lake Denoon Park and the middle school – Ald. Schroeder has not received any feedback for or against the change so his recommendation is to move forward with proposed changes for this area. After further discussion, it was determined to wait until after revisions are made to the zoning code, Chapter 17. Boundary #4 located north of Hwy 36, extending from the Champion’s Village Subdivision to Thode Drive – Ald. Madden stated that the only reason she even considered changing the zoning in boundary #4 was because of the water problems in the area. Due to the water problems being rectified, she would recommend that boundary #4 remain exactly the same as it is today. After further discussion, Council recommended Plan Commission to move forward with boundary #4, which should remain the same as it is currently. It was noted that the new zoning code revisions, Chapter 17, should be implemented and considered before a recommendation can be made for boundaries #1, #2 and #3. Committee of the Whole Page 3 May 25, 2006 Ald. Madden stated, after discussion with Mrs. Pellmann, it is her understating that she is not interested in developing the property, but to allow her family members to build homes on it. Mrs. Pellmann stated that this does not necessarily mean that it won’t be developed in the future. NEW BUSINESS Discuss draft request for proposals for Fire/Rescue Service Study (Mayor Damaske) Mr. Jeff Verburgt, Tess Corners Volunteer Fire Department appeared before the Committee with items to consider for the fire/rescue study. 1. The consultant must have experience with volunteer fire and rescue services. 2. The consultant must have worked in the same demographics as our community. 3. The consultant must provide reference with contact numbers at the department. 4. T.C.V.F.D requests copies of draft proposal & final master plan. 5. T.C.V.F.D. will make staff available at their discretion. 6. T.C.V.F.D will reserve the right to change fees for information requested. City Administrator Sheiffer stated the city was looking at the possibility of working with U.W. Whitewater Fiscal and Economic Research Center along with the U.W. Extension Local Government Center on the Fire/Rescue Service study. This option has been explored and will not work out the way we had hoped. City Administrator Sheiffer drafted with assistance from city staff, a request for proposal for Council’s input, changes and feedback. She reminded them that there was no amount budgeted for this work in 2006 and if Council decides to proceed with the study, funding will need to be resolved. Ald. Melcher questioned how much will the study cost and whether it has been done in other areas. Resident Eric Treba stated he is aware of a study that was done in the community of Salem and the cost was about $50,000. Ald. Madden asked if the city could get the name of the person that performed the study. City Administrator Sheiffer asked Council to focus on page (1) under scope of service so that staff can be assured that these are your objectives. After review, Ald. Madden commented that she has no desire to combine, own or oversee the fire/rescue departments, and consultants should not spend a considerable amount of time on these options. Ald. Buckmaster would rather have consultants concentrate on the master plan and have it guide us to what the options are. Ald. Melcher questioned if we want the plan for ten or fifteen years which would be an important part of the perspective planning. Ald. Schroeder said that City Administrator, as part of the request for proposal, could ask the companies that are submitting what their recommendation is for a valid plan. UNFINISHED BUSINESS continued Discussion on MMSD 2020 Sewer Service Plan Ald Schroeder advised that Milwaukee Metropolitan Sewerage District (MMSD) asked for the city’s comment to propose a 2020 Sewer Service Plan but they have say over exclusions and inclusions to the plan. The plan encompasses the whole city with exceptions to the Norway Sanitation District and areas to the far west and south. Taking into consideration the heavy increase in capital charges the day the plan would Committee of the Whole Page 4 May 25, 2006 go into effect, he asked what further burden would be taken on or added to that capital charge based on the equalized value in the service area. Engineering/Building Inspection Director McMullen explained how capital charges are calculated and our current sewer service area. He explained that in the sewer service area there are about $1.9 billion dollars worth of value and outside the sewer service area (including the Town of Norway and areas that will not be impacted) there are about $240 million dollars worth of value. There is about $180 million dollars worth of net equalized value in the Town of Norway District and in the outer areas boundary that is not shown. The difference of $180 million dollars and $240 million dollars is the difference of the equalized value for all the vacant land outside of that area which could result in capital charges of $135 to $140 thousand dollars per year. The Public Utilities Committee could have set the districts different in the sewer service area, which could have reduced the capital charges in the future. Discussion on possible ordinance to waive park dedication and conservation fees in certain situations (Ald. Schroeder, Ald. Madden) Ald. Madden questioned why property owners of a small family farm should be burdened with the conservation and dedication fees when a land division is being done for their children. Ald. Buckmaster said this item has come up before and it would be a struggle to write an ordinance to encompass all possibilities and situations that could arise. After further discussion, it was determined that Planner Muenkel and the City Attorney would have to be involved with this item. Mayor Damaske suggested checking with other municipalities to verify if they have an ordinance to waive fees for family members. Ald. Schroeder said Mayor Damaske brought to his attention that Governor Doyle could sign a bill on May 30, 2006 that would eliminate impact and park dedication fees for property owners. He suggested this item be deferred until after the Governor signs the bill. NEW BUSINESS continued Process for filling vacancy on Council (Ald. Schroeder) Mayor Damaske provided a list of questions that were used in the past to interview candidates to fill district vacancies. After reviewing the questions, it was noted that some changes need to be made to reflect current situations in the city. Ald. Schroeder talked about a recent situation where a village trustee was appointed at Mt. Pleasant. Instead of asking specific questions relating to current events in the city, they gave each candidate the opportunity to give a five-minute speech. The candidate could talk about whatever they want to talk about, in which most cases, candidates may speak about who they are, how long they have lived in the community, and their belief system. This would allow us to evaluate the best candidate for the district based on the person as a whole not community issues. He would like someone in place to represent the district and constituents prior to the budget process. Mayor Damaske said each candidate will submit a resume. A background check will be performed, and then council members will conduct interviews. Ald. Snead questioned if copies of each resume will be available for aldermen to review before the meeting. Mayor Damaske answered yes. Discussion continued on how interviews were completed in the past. Ald. Schroeder Committee of the Whole Page 5 May 25, 2006 nd stated that his last council meeting would be on August 22. He asked if the timeline would allow him to be included in the discussion as to who would be most viable candidate for District 6. He stated that he is not interested in voting, but would like to be involved with the discussion. Ald. Schroeder will contact Mt. Pleasant to get a copy of what instructions were presented to each candidate and will forward the information to City Administrator Sheiffer and Mayor. Discussion on placing citizen input on agenda for Common Council meeting and Policy on privilege of the floor Clerk-Treasurer Janice Moyer provided information from surrounding municipalities to assist Council to determine how public input should be handled at Common Council meetings. Ald. Borgman liked the idea of the public comment/public hearing registration form that would be filled out prior to the meeting, and a 30-minute time period during which each person is allowed to speak for 2-minutes on agenda items. Ald. Schroeder commented the comment/public hearing registration form option (to speak or not to speak) would allow residents who do not wish to speak in public, the opportunity to write their concerns to the aldermen. Also, he suggested the City Administrator contact the City of Waukesha and ask what happens to the people if time does not permit them to speak within the 30-minute time period. Ald. Buckmaster stated that aldermen would listen to comments and not engage in any discussion on items during the 30-minute time period. Aldermen directed City Administrator Sheiffer to format a resolution based on their recommendations/comments on this item for the next Common Council meeting. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Ald. Borgman commented that the process time for agenda items is taking too long to get things accomplished. He talked about a situation where an item he sponsored was discussed when he was not in attendance at the meeting and now it is going to take too long for this item to be placed on the agenda at committee level. Discussion on the flow chart of agenda items from committee to council, and back to committee took place. Discussion regarding a resolution being placed on the next Council agenda took place regarding oversight of Muskego Historical Society issues. Ald. Buckmaster stated that a special Public Works Committee could also be scheduled prior to the next Council meeting to discuss this issue. ADJOURNMENT Ald. Melcher moved to adjourn at 9:51 PM. Seconded by Ald. Buckmaster, motion carried. Kim Chavie Recorder Transcriber