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COMMITTEE OF THE WHOLE -Minutes 20060330 COMMITTEE OF THE WHOLE – CITY OF MUSKEG Approved MINUTES OF MEETING HELD MARCH 30, 2006 Mayor Charles H. Damaske called the meeting to order at 7:10 PM. Those present recited the Pledge of Allegiance. ROLL CALL Present: Mayor Damaske, City Administrator Sheiffer, City Attorney Don Molter, Ald. Borgman, Ald. Buckmaster, Ald. Melcher, Ald. Patterson, Ald. Salentine, Ald. Schroeder, Plan Director Jeff Muenkel, Ald Madden (arrived at 7:35 PM), 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. REVIEW MINUTES OF PREVIOUS MEETING Ald. Salentine moved for approval of the November 3, 2005 minutes. Ald. Patterson seconded. Ald. Schroeder requested that Approval of Agenda be put on future agendas and it was the consensus of the committee to do so. Motion to approve the minutes carried unanimously. UNFINISHED BUSINESS - None. NEW BUSINESS Mayor determined that he would take items out of order. Eminent Domain Referendum (Ald. Patterson) Ald. Patterson requested this item be put on the agenda. While he was campaigning, he noted that approximately 55% of his constituents felt that the City should take over the Parkland Mall property under eminent domain. The number rose to 60-65% to have this item put on a referendum. He stated that he explained to all constituents the potential cost factor and timing involved in a condemnation. Mayor requested that Plan Director Jeff Muenkel join them at the table for this discussion. Mayor Damaske advised that eight or nine developers have approached the City indicating interest in the property. Mayor and Planner Muenkel have met with these developers and discussed possible TIF projects. Developers have come back advising that they were unable to make the numbers work to purchase the property from the owner of Parkland Mall. There is a discrepancy as to what each determine to be the value of the land. All developers have determined that it would be feasible to develop the property on fair market value. Ald. Patterson questioned if these developers were looking for a percentage of subsidy or dollar amount of subsidy from the city. Planner Muenkel stated that many have inquired and he explains to them that the CDA, based Committee of the Whole Page 2 March 30, 2006 on past proposals, were looking at a possible 4 to 5 million dollar subsidy, but that amount was for a past proposal. The new possible amount would be determined on the type of development, the phasing, and what type of increment the development would produce. An analysis then can be done to see what type of TIF monies could be used. Planner Muenkel explained that the CDA (Community Development Authority) did spend a lot of time last year discussing possible condemnation during Closed Sessions with various attorneys and the determination was made that it would be too costly. Attorney Molter paraphrased a past CDA Resolution, No. 001-2005, and attachment that stated “During the past twenty months, the Community Development Authority of the City of Muskego has worked diligently to reach agreement with Art Dyer on a mutually satisfactory, publicly subsidized development of the former Parkland Mall Site. While the CDA has the power to acquire the Parkland Mall site by condemnation, it is clear that doing so would result in protracted and costly litigation. Having carefully investigated and considered the alternative courses of action that are available, the CDA has concluded that condemnation and the resulting litigation would be neither financially responsible nor in the public interest at this time. The CDA has no current intention to take the Parkland Mall site by condemnation.” Ald. Melcher questioned if, according to state law, the City would still be able to do the condemnation. Attorney Molter responded that the CDA possibly could. He referred to a bill currently before the Governor adding more restrictions to condemnations, but he felt that dealt more with residential property and not blighted commercial property. The CDA did study this and it was definitely their decision not to start condemnation. Ald. Patterson noted that he had spoken to the Wisconsin League of Municipalities legal department and it was verified that the proposed bill is presently written for taking residential property. Attorney Molter stated that he was present to discuss the legal questions being: 1) Can the City have an advisory referendum and the answer is “yes”, and 2) Can the City put in the name of Parkland Mall in the referendum question and the answer is “yes”. Ald. Melcher inquired with the amendment to the TIF #8 District, are there any plans for the rest of that area? Planner Muenkel explained that when the TIF #8 District was amended, plans for amended area were included to be able to pay off costs quicker. There are two plans, the Redevelopment District #2 Plan and the TIF #8 District. The Redevelopment District #2 Plan still entails the Parkland Mall property while the property was amended out of the TIF#8 District last year. Ald. Borgman expressed his concerns with having an abundance of multi-family homes and he doesn’t know whether the multi-family homes originally discussed for Parkland Mall are such a good idea. Ald. Patterson felt that putting multi-family above commercial is not the same. Ald. Schroeder explained that both he and Ald. Salentine sat on the CDA during that time and after reviewing all financial items, the cost factor of a condemnation of the Parkland Mall property was staggering. He stated that he would not be in favor of a referendum because voters would be voicing their opinion without having all of the financial impact and he didn’t think it would be fair. Committee of the Whole Page 3 March 30, 2006 Ald. Melcher secured information from Assessor Mecha that showed present number of apartments at 679 and condos at 582. Ald. Melcher agreed with Ald. Schroeder as to voters not being educated on the cost of eminent domain. He felt that we have to look at our whole communication system because it is not happening through the press. Ald. Patterson questioned Attorney Molter if we could have a referendum adding to the question “not too exceed a definite dollar amount”. Atty. Molter felt that could be done. Ald. Schroeder again stated that there is a difference between a School District building referendum and doing a referendum for proceeding with eminent domain with a not too exceed amount and then finding that we quickly go through that amount and it might take several referendums and escalating amounts of money. He stated that everyone would like to see something done and that he and Ald. Salentine, as members of the CDA, have discussed at length this possible acquisition. He reminded council members that by building an infrastructure, as is being done with the widening of Janesville Road, commercial development would follow. Ald. Patterson moved to recommend a referendum to inquire whether the City should proceed with eminent domain of Parkland Mall with details of worse case scenario at the November election. Seconded by Ald. Melcher. Ald. Buckmaster stated that his constituents all want the development of Parkland Mall to occur, but do not want the City to spend any money. Ald. Buckmaster does not feel the City is in the building business. Ald. Madden echoed Ald. Buckmaster’s statement about her constituents wanting development but not with City money. Upon a roll call vote, the motion failed 5-2 with Ald. Borgman, Ald. Buckmaster, Ald. Salentine, Ald. Madden and Ald. Schroeder voting “no” and Ald. Patterson and Ald. Melcher voting “yes”. Review portions of 2010 Comprehensive Plan (Ald. Buckmaster) Ald. Buckmaster brought this forward as a result of the last five or six public hearings regarding issues on zoning requests/comprehensive plan changes. It has become very clear that these hearings are very well attended and he feels we should be reviewing portions of the Comprehensive Plan, in particular south of Woods Road, as a result of recent rezoning requests. The area is almost diamond shaped between Durham to North Cape to Racine and then back north to Woods Road. There have been groups of people at each of these points who have mounted in numbers indicating clearly that the medium to higher density is not acceptable. Places in the Comprehensive Plan, that now accent that type of density, need to be reviewed. Ald. Buckmaster is hoping that by the end of the evening the Planning staff can be directed to bring forth a change, in ordinance form, to the next Common Council on these changes. Atty. Molter advised that the suggested changes must go to the Plan Commission prior to Common Council. It could be a simple amendment to the Comprehensive Plan if the areas are not huge Committee of the Whole Page 4 March 30, 2006 parts of the City and the Comprehensive Plan is not in line with the zoning presently in place. Planner Muenkel stated he is looking for requested changes and has a plan to change the Comprehensive Plan to bring areas into compliance with current zoning. He handed out a supplement that shows possible areas that he thought Alderman had concerns with at this time. The handout also posed the following recommendations: Recommendations 1. Direct staff to investigate and change 2010 Land Use Plan in areas deemed necessary. 2. Conform Land Use Plan to zoning in areas deemed necessary. 3. Conform 2010 Land Use categories for greater flexibilities in decision making (Combine residential and commercial categories) Proposed 2010 Residential Land Uses be put into four categories: Rural Density Residential Low Density Residential Medium Density Residential High Density Residential Ald. Buckmaster stated he preferred this new proposal to the existing where there are zoning districts and then overlays and it provides for more flexibility. A discussion ensued on specific areas to be addressed. Ald. Buckmaster stated that the first one should be Woods & Racine, south of the high school to reflect rural density residential land uses consistent with the RCE zoning. Ald. Schroeder added that there is residential rural density north of Parker Drive and east of Racine Avenue. He would like to see not only that parcel but also west of Kurtze, south of Woods Road, all the way to Parker Drive (already low density) remain at rural density. This lower density around the lake makes sense. Ald. Madden would like Bass Bay area changed to low density residential, along the lake. Everything south of McShane, at the end of Mystic is now at RS-2 or RS-1 zoning and she would like to see the areas that are now undeveloped or zoned AG changed to low-density residential uses. Ald. Madden would also like the areas that currently are around Champions Village be changed to all medium density residential except for the commercial zoning which should be changed to reflect commercial land uses. There are significant water problems on Thode Drive and that should be RS-2 type zoning out to this point only. South of STH.36, and no further west than the last parcel on Thode Drive, should be rural density. Atty. Molter cautioned that right now you are only talking about changing the Comp Plan to conform to the zoning. Changing the zoning category is a completely different issue and is more time consuming. Committee of the Whole Page 5 March 30, 2006 Planner Muenkel stated that he will be bringing forth a new zoning code and zoning map to start the recodification process at the end of April to Planning Commission. The end of Mystic is zoned RS-2 now and would require new zoning. It was agreed that this undeveloped areas should be low density residential on the Comp Plan. Ald. Patterson suggested a three-month moratorium so that the rezoning process could proceed with changes. Atty. Molter advised that we go ahead with the Comp Plan changes and that, if necessary, we could always go into a moratorium for a specific area with a specific time limit. Ald. Schroeder felt that the area between Woodland Creek and Henneberry Drive should be left at Ag for the present time. Ald. Schroeder referenced the property south of Janesville, east of Hillendale, that was rezoned a couple of years ago that is presently Ag and could be RCE/COPD dependent on final plat approval. He noted that Tom, from Edgewood Contractors, was in attendance and that they are now looking for senior complex with lower density. Ald. Schroeder indicated that he was very supportive of the RCE/OPD and asked what the members thought of the lower density. The anticipated price range would be from $250,000 to $350,000 and sq. footage from 1700 to 2300. Ald. Schroeder felt this was a good example as to what the Council will be facing in the future. Ald. Buckmaster wasn’t too sure of having senior housing in that remote area. Ald. Schroeder stated he has no problem with senior housing, but his concern is that every time a proposal comes up for this particular property, his constituents have come forward with objections. He wouldn’t vote in favor against his constituents. He would not like to see the Comp Plan changed on this property unless something different happens in the future. All were in consensus that they would like this property to stay rural density residential or agricultural uses. Ald. Schroeder questioned the Crystal Lake area. It is currently zoned at RS-2 and the Comp Plan shows it as rural density. North of the area is zoned Ag. Until a new breakdown is proposed, he would like to see it remain. It is still unknown if sewer will be extended to that area. Ald. Schroeder questioned, west of Lake Denoon, southwest corner of the City, he is concerned that this is RS-2 zoning and he feels that the Brodel property should be changed to rural density residential uses in the Comp Plan to match the density on the east side of the lake. Determine final language for balance of 2006 Fire Service Agreements (City Council City Administrator Sheiffer recalled that 2006 began with a 90-day service agreement for both departments with essentially no changes except the increased budget amount. At that point, Council directed Mayor and City Administrator to meet with fire departments with some suggested changes authorized by the Council. She referred to a memo given to the Council previously. Those issues were not dealt with so another 90-day extension was given so we have agreements in effect for the first six months. Committee of the Whole Page 6 March 30, 2006 Ald. Madden inquired if information was received that was recently requested by the Finance Committee. Mayor advised that all information received from fire departments has been distributed. Mayor noted that Muskego Fire Department was in attendance and had new financial information. It was noted that representatives from Tess Corners Volunteer Department were not present because of a board meeting scheduled prior to this COW meeting. Ald. Buckmaster indicated that he doesn’t have any problem with the proposed changes, but would like to see the financials prior to making any changes. He would like clarification on training fees for both departments. Another concern that he has is what the training dollars are being used for in 2006; more specifically, are they for fire protection or are we venturing into other areas. Domonic D’Acquisto, President of the Muskego Volunteer Fire Company, explained that the training programs are based around the standards and also some desirable objectives that enhance the department’s ability. A spreadsheet was distributed to all members that described training/certifications for the department. There are currently several members that are signed up for fire inspector certification. Ald. Buckmaster questioned whether there are any people with EMS training? Mr. D’Acquisto stated that there are two people in EMT training and one who needs certification and all have received this training on their own; no expense to the department. This is an item currently being discussed by the Board as to possibly funding in the future. Ald. Buckmaster is concerned with duplication by departments. Mr. D’Acquisto said they are working on making sure that all equipment is compatible with the TCVFD. Ald. Madden questioned cost for breathing apparatus. Ald. Schroeder questioned financial items that were requested and City Administrator stated this type of information had not been requested previously, but that moving forward with the new agreements, it will be a requirement for both departments. It was clarified that the department receives an additional 2% that is to be used for specific things and goes into the City’s general fund. City Administrator stated that the proposed agreement from Muskego Volunteer Fire Company would affect the Tess Corners Volunteer Department. She recommends that we proceed with drafts by the City and wait for the completion of the study. The completion of the study will address many of the things that the Muskego Volunteer Fire Company is requesting. Mr. D’Acquisto explained there are approximately 7 open water certifications, 5 advanced open water certifications, 3 certified at the rescue diver level, 5 at dry suit level, 3 with Dive Rescue International certification, Dive Rescue International Instructor another 3, and 25 certified in ice rescue. Out of 51 certifications, there are 14 dive rescuers, and 7 or 8 line tenders. Ald. Salentine stressed that dive rescue needs to be put into the new agreement. Mr. D’Acquisto felt that auto extrication should also be put into the agreement for each department’s service area. Ald. Madden stated that the City should have a copy from both departments showing members and certifications. Committee of the Whole Page 7 March 30, 2006 Mayor Damaske stated that if there is an accident west of Lannon Drive, MVFCO, would take action and then TCVFD will assist in ambulance transfer. Ald. Schroeder would like to see that in writing from the appropriate person for the new contract. City Administrator asked for clarification as to whether the department wants to be able to perform auto extrication throughout the whole City or within the service area already defined. Mr. D’Acquisto said currently only within the service area already defined. Mr. D’Acquisto advised that there are legal questions regarding the recent change from MVFCO to Muskego Fire Department, Inc., between the two attorneys involved. Ald. Schroeder questioned whether this issue was also part of this proposed review of departments and City Administrator stated that it definitely would be part of the study. Ald. Patterson requested that City Administrator Sheiffer also check with Mr. Dan Williamson, State of Wisconsin EMS Department regarding the extrication issue. Mayor referred to the draft for Scope of Work to looking at where the City currently is with its fire departments and rescue service and where we want to be in the future and what are the options to getting there. Looking at hiring some expertise in assisting the Council to accomplish this. City Administrator Sheiffer stated that after this was in the newspaper, Mayor Damaske was approached by a consultant affiliated with UW- Whitewater to provide part of this study, along with expertise from the UW Extension Local Government Center. It is a good way to go as we would not be paying an extraordinary amount of money and also it would not be a biased report. The City has not received their proposal and when received, it will be presented to the Council for their determination. Mayor Damaske indicated that he has a buy-in from both departments on the study and the qualifications of who will be doing the study. Ald. Patterson feels that the person involved with putting the study together have expertise in the fire requirements. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Ald. Patterson stated he would like to see the Council address, in the next term, the re- creation of the Tess Corners Retention Pond with the City of New Berlin as there is still a drainage problem in District #1 coming from the City of New Berlin. Ald. Schroeder discussed agenda items for the Committee Of The Whole. City Administrator supplied a list of what has been submitted and the order that they were submitted. Ald. Schroeder felt we should have a Committee Of The Whole every month in order to finalize issues. It was agreed that the Mayor and City Administrator would review all of the past issues and each item will be directed to the appropriate committee to dwindle the number of items on the Committee Of The Whole. Ald. Schroeder will send past items to City Administrator and Mayor to make meeting decisions. Mayor Damaske is waiting for the Muskego Historical Society to get back to the Finance Committee on a draft agreement that was sent to them previously. Committee of the Whole Page 8 March 30, 2006 ADJOURNMENT Ald. Buckmaster moved to adjourn at 9:57 PM. Seconded by Ald. Salentine, motion carried. Respectfully submitted, Cathie Anderson, Executive Assistant/HR Coord. Recorder Transcriber