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COMMITTEE OF THE WHOLE -Minutes 20060720 COMMITTEE OF THE WHOLE – CITY OF MUSKEGO Approved MINUTES OF MEETING HELD JULY 20, 2006 Mayor Charles H. Damaske called the meeting to order at 7:13 PM. ROLL CALL Mayor Damaske noted that the roll call was identical to the previous Common Council meeting (Ald. Salentine, Borgman, Buckmaster, Madden, Melcher, Schroeder, and Snead, City Administrator Sheiffer). Also present were those listed on the attached sheet. STATEMENT OF PUBLIC NOTICE Mayor Damaske stated that the meeting was noticed in accordance with the opening meeting law. APPROVAL OF AGENDA Ald. Schroeder moved for approval of the July 20, 2006 agenda. Ald Melcher seconded. Motion to approve the agenda carried unanimously. REVIEW MINUTES OF PREVIOUS MEETING Ald. Schroeder moved for approval of the June 22, 2006 minutes. Ald. Melcher seconded. Motion to approve the minutes carried unanimously. NEW BUSINESS 2010 Plan Amendments Work Continuation Mayor Damaske started the discussion by explaining the maps and information put together by the Plan Director, Jeff Muenkel. Ald. Schroeder had comments on the amended area #1, west of Bass Bay from Racine Avenue, Woods Road south to Big Muskego Lake, and the far west section (Stefaniak property). After several meetings with landowners, he feels that the proposed zoning of RSE (1 acre lot or larger) is suitable with low density. He stated that the majority of property owners agree but still feel concern that 1 acre might still be too small. Ald. Schroeder stated that his position is that RSE is appropriate for the area to the East and North (including the Strampe and Pellmann properties). He noted that he has had discussions with both landowners and an attorney for one of the landowner’s and that neither is in true concert with what is being proposed. He advised that both parties were in attendance and may want to speak this evening. His recommendation is that any RS3 zoned areas continue to be a residential medium density with the understanding that the majority of surrounding property owners would be interested in a RS2 zoning in the future with the possibility of an OPD, going from a 15,000 minimum to an 18,000 minimum square footage. The rest of the areas on the Strampe property that are not currently zoned “C-1” (Conservation Land) are not recommended to be change, but the recommendation for the 2010 land use would be the low density which would reflect an RSE zoning of 1 acre or larger similar to the Stefaniak property. Again, there would be no city attempt on the “C-1” properties to do any zoning change to RSE, just an amendment to the 2010 plan Committee of the Whole Page 2 July 20, 2006 showing what the flavor of this area is today in comparison to what it was in 2000 when the plan use was determined. Mayor invited parties to speak. Mrs. Judith Strampe noted that she was not made aware of when the changes were made in 2000 making the zoning C-1. Mrs. Strampe stated that the problem is that they had to install a road and sewer on that property initially, which is still being paid for, and she isn’t sure it is fair to force larger lots. Ald. Schroeder explained the reasoning for the wetland/shoreland areas and the need to conserve. Possible mitigation was discussed along with the DNR control and cost factor. The Plan Commission may be receptive in the future to mitigating the C-1 portion that is not in the wetland/shoreland. Ald. Schroeder stated he understands that a developer would like to have smaller lots to maximize their investment. Ald. Salentine is all in favor of larger lots, but feels that these two properties and their owners should be worked with because of their past expenditures for road, utilities, etc. Ald. Borgman agrees that these two properties are too small to change to RCE at this time. Ald. Schroeder predicts that when property owners come forward with development proposals for RS3, that there will be a lot of objection from the lake districts. Ald. Buckmaster felt that the present RS3 zoning should remain, as there is more flexibility in the new zoning code and gives both parties a larger range of options. He estimates that these adjustments will be in place sometime later this year. Ald. Schroeder stated that he would be agreeable to take the northeast portion off of the amendment and have just the southwest amended in Boundary #1. Ald. Schroeder will remove his issues with the Pellmann and Strampe properties. He will be sending information to the group of constituents on the southwest properties to advise of his recommendation and will send his final recommendation to the Plan Director on Monday. Mrs. Pellmann advised that she would be submitting a survey for RS3 lots for her property. Review of GIS position vacancy (Ald. Schroeder) Aldermen complimented the work that was done by the current GIS person. Ald. Borgman moved to proceed with filling the vacancy of the GIS Coordinator position. Seconded by Ald. Melcher, motion carried. Review of proposed timetable for filling Council vacancy (City Administrator) City Administrator reported that ads are in the local Community Newspaper. There have been some blurbs in other papers. We have purchased a display that will be in th the body of the next CNI paper and application deadline will be August 18 at 4:00 PM. There is a need tonight to finalize process. Ald. Schroeder advised that he would forward information that he has requested from the Mount Pleasant community to the City Administrator within the next couple of days. After numerous suggestions it was agreed to move the Public Utilities Committee and Public Works Committee to Monday, thth August 14, and have a special Common Council meeting on Thursday, August 24at 6:30 PM. A request was made to have the City Clerk/Treasurer notify the Police Department that they will be sending over applications for background checks to have st them available for the meeting on the 21. It was also determined that applicants must appear that evening or be available for phone conference. Committee of the Whole Page 3 July 20, 2006 Continued discussion on part-time Mayor proposed benefits (City Administrator) City Administrator distributed requested compensation comparables along with the ordinance change that has to occur. She is working on changes to the existing job description. Ald. Schroeder clarified that this cannot go into effect until April of 2008. Ald. Schroeder felt that if the expectation of a part-time Mayor is to have him physically in this building exclusive of meetings 20 hours per week, which is far more than an alderman, it is not fair for the pay to be the same. It was agreed that all expectations should be made clear so that the applicants are knowledgeable. Ald. Schroeder again cautioned that once the salary is set, it must be fair with the expectations. He felt that expectations should be made prior to setting salary. The Aldermen felt that they would like to see a job description before deciding on salary. This item will be put on the next COW meeting. Clarify application of public comments to meeting minutes referenced on committee agendas (City Administrator) Ald. Buckmaster stated that he was confused and wanted it clear as to who may speak during the public comment section of the Common Council meetings. Ald. Buckmaster originally wanted the restriction that it be a taxpayer and citizen and wanted it to be for items on the agenda that have already been acted upon. Ald. Borgman stated that his understanding of the public comment section was to get an idea of how to vote by listening to comments by constituents and doesn’t feel it is for rehashing the past. Ald. Melcher stated that Attorney Molter told him that as long as it is on the agenda, it could be talked about unless it is explicit to certain agenda items; i.e. resolutions. Ald. Buckmaster moved to allow comments on all items listed on the agenda and to request the City Administrator to review the procedure for Reconsideration. Seconded by Ald. Schroeder. Ald. Borgman does not want it to involve going through all of the minutes of the committees. He feels that should be discussed within each committee. Ald. Snead feels that allowing comments on all items appears to be backtracking as all items can be discussed at committee level. Ald. Buckmaster is concerned that all concerns be researched when presented. Ald. Borgman reminded all that if this situation would occur, the constituent always could contact his alderman and have the item put back on an agenda for reconsideration. Ald. Schroeder stated he would agree to take back his second if Ald. Buckmaster would take back his motion. Ald. Madden proposed putting on the Council agenda, in bold letters, although your comments will be heard, they couldn’t be acted on because these resolutions have been approved. It was suggested that a statement be put in the citizen comments section that comments will be taken on any resolution/ordinance items that are on the council agenda this evening. Ald. Melcher thought we could try what has been suggested with the understanding that if it becomes a problem, you can then make changes. Ald. Snead prefers to make a decision and stick with it. Ald. Buckmaster is concerned with items not being able to be put back on agendas for Committee of the Whole Page 4 July 20, 2006 reconsideration unless it is at the following meeting. He feels there should be a longer extension of time for reconsideration. Ald. Salentine stated that you could always start over at a future meeting. Ald. Buckmaster removed his motion. Ald. Schroeder removed his second and moved that resolutions, ordinance, Common Council minutes and consent agendas are included in citizen comment period and that the City Administrator researches the procedure for reconsideration. Seconded by Ald. Buckmaster, motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT Ald. Borgman moved to adjourn at 9:07 PM. Seconded by Ald. Madden, motion carried. Transcribed from Meeting Recording Cathie M. Anderson