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COMMON COUNCIL Agenda 20120110CITY OF MUSKEGO COMMON COUNCIL AGENDA DATE: January 10, 2012 TIME: 7:00 p.m. COMMON COUNCIL MEETING LOCATION: Muskego City Hall W182 S8200 Racine Avenue, Muskego, Wisconsin CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL STATEMENT OF PUBLIC NOTICE COMMUNICATIONS FROM THE MAYOR’S OFFICE PUBLIC COMMENT City Residents and Taxpayers Only – limited to items under Consent, Resolutions and Ordinances on this agenda. Comments will be limited to two minutes per speaker. There will be no discussion by/with the Common Council during Public Comment. PUBLIC HEARINGS To consider petition to revise Chapter 17, the Zoning Ordinance of the City of Muskego (Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05 and 16.09). These amendments relate to various Zoning Code regulations and requirements requiring clarification and/or updates. To consider petition to repeal and recreate Section 8.35 of Chapter 17, the Zoning Ordinance of the City of Muskego, and to amend the City of Muskego Official Zoning Map to change all EA - Exclusive Agriculture zoned parcels to A-1 - Agricultural. To consider petition of Richard and Neome Schaumberg to rezone property at W181 S9102 Parker Driver (Tax Key #2241.997) from A-1 - Agricultural District to RC-1 - Country Residence District for the purpose of a possible land division. UNFINISHED BUSINESS Ord. #1346 An Ordinance to Establish Salaries for Elected Officials. Second Reading. Ord. #1347 An Ordinance to Amend Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). Second Reading. Ord. #1348 An Ordinance to Amend Chapter Chapter 9, Section 9.14(3), of the Municipal Code of the City of Muskego (Open Fires Restricted). Second Reading. Ord. #1349 An Ordinance Establishing Fees for Ambulance Services. Second Reading. CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Approval of Operators’ Licenses Approval of Common Council Minutes - December 13 and 27, 2011 Reso. #001-2012 Resolution Combining Wards for Election Purposes Reso. #002-2012 Appointment of Citizen Member to Community Development Authority Common Council Agenda 2 January 10, 2012 REVIEW OF COMMITTEE REPORTS - Finance Committee - November 22, 2011 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ord. #1350 An Ordinance to Amend Chapter 12, Section 12.01 (9)(d), of the Municipal Code of the City of Muskego (Licensing Sales of Alcoholic Beverages/Closing Hours). Ord. #1351 An Ordinance to Amend Chapter 17, Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05 and 16.09, of the Zoning Ordinance of the City of Muskego. Ord. #1352 An Ordinance to Amend Chapter 32, Section 32.13 and 32.15 of the Municipal Code of the City Muskego (Fire Prevention Code). Ord. #1353 An Ordinance to Repeal and Recreate Section 8.35 of Chapter 17, the Zoning Ordinance of the City of Muskego. Ord. #1354 An Ordinance to Amend the City of Muskego Official Zoning Map to Change All EA - Exclusive Agriculture Parcels to A-1 - Agricultural. Ord. #1355 An Ordinance to Amend the Zoning Map of the City of Muskego (Schaumberg - A-1 to RC-1). LICENSES Approval of a Temporary License to Sell Fermented Malt Beverages and Wine - Special Olympics Wisconsin - February 12, 2012 (Muskego County Park) VOUCHER APPROVAL Approval of General Vouchers Approval of Tax Checks Approval of Utility Vouchers Approval of Wire Transfers CITY OFFICIALS’ REPORTS COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW CLOSED SESSION Please take notice that following Communications and Miscellaneous Business as Authorized by Law, the Common Council will convene, upon passage of the proper motion, into closed session pursuant to: Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically purchase of the properties per approved Resolution #142-2011 (Lake Park). Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically labor negotiations for 2012. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. OPEN SESSION ADJOURNMENT 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. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information o r to request this service, contact Muskego City Hall, 262- 679-4100. CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 7:00 PM, or shortly thereafter, on Tuesday, January 10, 2012, in the Muskego Room of City Hall, W182 S8200 Racine Avenue, to consider the following upon the petition of the City of Muskego: Revisions to Chapter 17 Zoning Ordinance of the City of Muskego Municipal Code (Sections 4.03, 8.01, 8.38, 9.17, 14.03, 14.06, 15.05, & 16.09). These amendments relate to various Zoning Code regulation and requirements requiring clarification and/or updates. Detailed descriptions of each code change are available for public inspection at the City of Muskego Community Development Office. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on December 22, 2011 and December 29, 2011. Dated this 9th day of December, 2011 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 AND 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. NOTICE "Please note that, 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 the Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679- 4136." ®0 2,000 4,0001,000 FeetScale: Legend Affected Area Right-of-Way Parcels Properties within 300 ft Structures Lake Racine Ave. Woods Rd. BigMuskegoLake CITY OF MUSKEGO NOTICE OF PUBLIC HEARING PLEASE TAKE NOTICE that the Common Council of the City of Muskego will hold a Public Hearing at 7:00 PM, or shortly thereafter, on Tuesday, January 10, 2012, in the Muskego Room of City Hall, W182 S8200 Racine Avenue, to consider the following upon the petition of the City of Muskego: Upon the petition of Richard & Neome Schaumberg shall the following area known as: Tax Key Number 2241.997 / W181 S9102 Parker Drive be granted a rezoning from A-1 – Agricultural District to RC-1 – Country Residence District for the purpose of a possible future land division. The SW – Shoreland W etland zoned portions of the lot will remain unchanged. The 2020 Comprehensive Plan already identifies this area for Rural Density Residential uses. The petitioner’s application is available for public inspection at the City of Muskego Community Development Department. All interested parties will be given an opportunity to be heard. Plan Commission City of Muskego Publish in the Muskego NOW Newspaper on December 22, 2011 and December 29, 2011. Dated this 14th day of December, 2011 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 AND 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. NOTICE "Please note that, 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 the Community Development Department at City Hall, W182 S8200 Racine Avenue, (262) 679-4136." Parker Dr. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1346 ESTABLISHING SALARIES FOR CERTAIN ELECTED OFFICIALS The Common Council of the City of Muskego, Waukesha, Wisconsin, do ordain as follows: SECTION 1: Biweekly salaries are established for the following elected officials: Aldermen- Districts 1, 3 and 5 $293.79 (Term to begin April 17, 2012) Municipal Judge $423.08 (Term to begin May 1, 2012) SECTION 2: The Council president shall continue to receive an additional $23.08 on a biweekly basis. SECTION 3: The salaries established by this ordinance shall remain in effect until changed by the governing body. SECTION 3: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 4 This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO __________________________ Kathy Chiaverotti, Mayor ATTEST: First Reading: 12/13/2011 ____________________________ Clerk-Treasurer Published this day of January, 2012 12/2011jmb COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1347 AN ORDINANCE TO AMEND CHAPTER 9, SECTION 9.05, OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Loud and Unnecessary Noise Prohibited) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego is hereby amended to add the following: 9.05 LOUD AND UNNECESSARY NOISE PROHIBITED (3) No person shall operate a motor or power-driven vehicle including, but not limited to, motorcycles, minibikes, go-carts, all-terrain vehicles or other power driven vehicles off public streets or highways where the operation of the vehicle causes substantial interference to neighboring property owners of the use and enjoyment of their premises. For the purpose of this section, “substantial interference” means interference which is more than a slight inconvenience or petty annoyance. For the purpose of determining whether the interference is substantial, the frequency of the activity, the failure of the operator to reasonably accommodate the objections of neighbors once those have been communicated to the operator, and whether ordinary persons living in the City of Muskego would regard the interference as offensive, annoying or intolerable as determined based on the general standards of ordinary persons in the community and not based on the standards of persons who are more sensitive than ordinary persons to such activity shall be considered. SECTION 2: Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego is hereby amended to renumber the existing 9.05 (3) to 9.05 (4). SECTION 3: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 4: This Ordinance shall be in f ull force and effect from and after its passage and publication. Ord. #1347 Page 2 PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First reading: 12/13/2011 _________________________ Clerk-Treasurer 12/11jmb Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1348 AN ORDINANCE TO AMEND CHAPTER 9 SECTION 9.14 (3) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Open Fires Restricted) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 9, Section 9.14 (3), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 9.14 OPEN FIRES RESTRICTED (3) Outdoor burning regulated except as prohibited by Sections (1) and (2): Outdoor burning within the City shall be allowed as follows: (a) The burning of dry brush, dry leaves, dry plant clippings, dry limbs, dry branches, dry logs or “bon” fires containing similar materials is allowed subject to the following regulations: (1) Wind velocity shall not be more than 15 miles per hour as recorded by the U.S. Weather Bureau, Milwaukee, Wisconsin. (2) Wind direction at time of fire shall be away from buildings, or other combustible materials and structures and shall not carry smoke or soot into any adjoining buildings, onto laundry hanging outdoors, or be the source of annoyance by reason of smoke, fumes, or odors to persons or property. (3) The perimeter of an area of a grass or brush fire must be at least 30 50 feet from any building, utility pole, overhead wires, or any other combustible material. (4) Sufficient firefighting implements and personnel shall be available at the scene while burning is in progress to control the fire. (b) Buildings or other fires set for practice and instruction of firemen, or testin g of fire-fighting equipment shall be under the supervision of the Fire Department. (c) Small outdoor fires for cooking, ceremonies, or recreational campfires shall be allowed. This shall include portable fire pits, which are certified by a nationally recognized testing organization. (1) The size of material burned shall not exceed 4 feet x 4 feet x 3 feet high. (2) Shall not be located within 25 feet of a structure or combustible material. (d) For other than one and two family dwellings, no hibachi, grill, or other similar devices used for cooking, heating, or any other purpose shall be used or kindled on any balcony, under any overhanging portion, or within 10 feet of any structure. Ord. #1348 Page 2 (e) Small open flames for welding, acetylene torches, safety flares, heating tar, or similar application shall be allowed. SECTION 2: The several sections of this Ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the Ordinance which shall remain in full force and effect. Any other Ordinance whose terms are in conflict with the provisions of this Ordinance is hereby repealed as to those terms that conflict. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO _______________________________ Kathy Chiaverotti, Mayor ATTEST: First reading: 12/13/2011 _________________________ Clerk-Treasurer 12/11jmb Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1349 AN ORDINANCE ESTABLISHING FEES FOR AMBULANCE SERVICES THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DOES ORDAIN AS FOLLOWS: SECTION 1: The City of Muskego shall charge the following fees for ambulance services provided by the Tess Corners Volunteer Fire Department: Conveyance of Residents and Nonresidents BLS (Basic Life Support) - Resident $388.00 $435.00 BLS (Basic Life Support) - Nonresident $515.00 $577.00 ALS1 (Advanced Life Support) - Resident $413.00 $463.00 ALS1 (Advanced Life Support) - Nonresident $540.00 $605.00 ALS2 (Advanced Life Support) - Resident $463.00 $519.00 ALS2 (Advanced Life Support) - Nonresident $590.00 $661.00 Mileage The City of Muskego shall charge $11.00 $13.00 per loaded mile for all transports in addition to the conveyance fees noted above. Non-Transport Calls The City of Muskego shall charge the following fees where aid is rendered and/or medical supplies are used for all non-transport calls. The charges for all non-transport calls are calculated on the calendar year basis. Non-Transport - 0 to 3 Calls No Charge Non-Transport - 4 to 6 Calls $75.00 $84.00 Charge Non-Transport - 7 or More Calls $150.00 $168.00 Charge Emergency Medical Service Equipment and Supplies The City of Muskego shall charge a fee, in addition to the other fees noted above, (as determined by the Finance Department SupervisorTess Corners Rescue) for disposable emergency medical service equipment and supplies used at medical emergency incidents. Ordinance #1349 Page 2 SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect upon and after passage and publication. PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO _____________________________ Kathy Chiaverotti, Mayor First Reading: 12/13/2011 ATTEST: ___________________________ Clerk-Treasurer Published this day of , 2012 12/11 sem OPERATOR LICENSE APPROVALS COMMON COUNCIL – 01/10/2012 John Beneke Amy Brown Rebecca Brown Alan Currie Jacqueline Gwitt-Schuetz Bobbi Jo Hinkley Dennis King Andrea Lewandowski Jesse Mawhinney Jennifer Milonczyk Rachel Nadolny Jennifer O’Reilly Beth Pinkert Keith Stefani Anna Wolf S/CityHall/Licenses/Oper Lic Approval Lists/2012.doc COMMON COUNCIL - CITY OF MUSKEGO Unapproved MINUTES OF MEETING HELD DECEMBER 13, 2011 Mayor Chiaverotti called the meeting to order at 7:45 p.m. Present were Ald. Fiedler, Schaumberg, Soltysiak, W erner, Borgman, Harenda and Snead, and Director of Finance and Administration Mueller. Those present recited the Pledge of Allegiance. Ms. Mueller stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Chiaverotti announced that the goal is to go paperless at the next Council meeting. PUBLIC COMMENT The following registered to speak regarding the lake park proposal: Supports the potential proposal: Thomas Ralston, S81 W19386 Highland Park Drive Shirley Bykowski, S78 W20103 Burningwood Court Marguerite Ingold, S76 W17501 Janesville Road Jim Brownlow, W173 S7955 Scenic Drive Ginnie Kohler, W192 S7196 Hillside Drive Kathy Mueller, W173 S7996 Scenic Drive Ray Ingold, S76 W17501 Janesville Road Aaron Robertson, S67 W12559 Larkspur Road Robert Lucas, W198 S8456 Bendingbrae Drive Does not support the proposal: Mike Klamert, W175 S7516 Harbor Circle The City has too many other future projects. Is not for or against: Lorie Oliver, S75 W17674 Harbor Circle There is not enough information. Let the people of the community decide. UNFINISHED BUSINESS Ord. #1344 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (Borst - EA to CI-1 and RCE). Second Reading. Ald. Soltysiak moved for adoption. Ald. Borgman seconded. Motion carried 7 in favor. Ord. #1345 - An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (LaLicata - RS-3 to B-2). Second Reading. Ald. Werner moved for adoption. Ald. Borgman seconded. CONSENT AGENDA The following resolutions were removed from the Consent Agenda: Reso. #170, Reso. #175, Reso. #176, Reso. #178, and Reso. #179. Common Council Minutes 2 December 13, 2011 Ald. Borgman moved to approve the remaining items under the Consent Agenda. Ald. Harenda seconded. Motion carried 7 in favor. The following items were approved: Approval of Operator’s Licenses for Matthew Bauer, Crystal Butzlaff, Benjamin Fetters, Karen Nordeen and Anandi Patel Common Council Minutes - November 22, 2011 Reso. #171-2011 - Approval of Purchase of Sire Electronic Document Management System and Workflow Software Reso. #172-2011 - Approval of Baker Tilly Virchow Krause, LLP 2011 City Audit Engagement Letter Reso. #173-2011 - Appointment of Election Officials by the Mayor of the City of Muskego Reso. #174-2011 - Approval of New Positions and Elimination of the Position of Computer Specialist Reso. #177-2011 - Approval of Severance Pay Plan and Separation Agreement and General Release Reso. #180-2011 - Approval of Certified Survey Map - Borst Reso. #181-2011 - Approval of Certified Survey Map - Boulder Venture 28, LLC NEW BUSINESS Reso. #170-2011 - Fund Balance and Annual General Fund Budgeted Contingency Policy. Ald. Schaumberg moved for adoption. Ald. Fiedler seconded. Ald. Soltysiak moved to amend to remove No. 8 under “Procedures.” Ald. Harenda seconded. Ald. Soltysiak stated this would allow any purchases not expended by the end of the year to come before the Common Council. Ald. Fiedler stated doing that was creating more inefficiency. The procedure is merely an accounting measure designed to assign a category to it. The decision still remains in the Council’s hands. Ald. Soltysiak stated he does not believe it is less efficient; he prefers giving these items another review especially since budgets in the future will be tighter and tighter. Ms. Mueller also noted that the numbers will be audited. Motion to amend failed 5 opposed and 2 in favor with Ald. Fiedler, Schaumberg, Werner, Borgman and Snead voting no and Ald. Soltysiak and Harenda voting yes. Reso. #170 -2011 adopted 5 in favor and 2 opposed with Ald. Fiedler, Schaumberg, Werner, Borgman and Snead voting yes and Ald. Soltysiak and Harenda voting no. Reso. #175-2011 - Resolution to Create the Department of Public Works and Approve Job Description for Department Director. Ald. Fiedler moved for adoption. Ald. Werner seconded. Ald. Soltysiak reiterated that he is not in favor of creating another director level position. Adding another layer of management will not create more efficiency. The current situation has been working. He would propose some job enrichment for the current positions that have taken on more duties. The City could incur additional costs in the future with the potential that an engineer will have to be hired as more duties are placed on the director position. Ald. Fiedler agrees that the current situation is working well. The resolution merely recognizes what has actually been happening for the past several years within the Public Works and Public Utilities Departments. Ald. Borgman does not support in light of the fact that the building inspector positions were eliminated. The City disburses a substantial amount of money Common Council Minutes 3 December 13, 2011 for outside engineering work. Motion carried 4 in favor and 3 opposed with Ald. Fiedler, Schaumberg, Werner and Snead voting yes and Ald. Soltysiak, Borgman and Harenda voting no. Reso. #176-2011 - Resolution Confirming the Selection of Director of Public Works/City Engineer for the City of Muskego. Ald. Fiedler moved for adoption. Ald. Werner seconded. The Mayor distributed the Performance Evaluations to those members that did not review them at the Finance Committee meeting. Mayor Chiaverotti noted that the evaluations were from the past. In the seven months since she has been in office, she has received communications from WE Energies, RA Smith, Ruekert & Mielke and Waukesha County acknowledging Mr. Simpson’s knowledge and professionalism. Ald. Soltysiak stated that while he did not agree with the creation of the position, he does believe that Mr. Simpson will perform very well as the director. Ald. Werner and Fiedler commented that hiring Dave Simpson was a very good decision on the City’s part. Ald. Snead agreed and noted her appreciation for all the work Dave has done and his willingness to be accessible. Motion carried 7 in favor. Reso. #178-2011 - Approval of Agreement for Ambulance Services for 2012. Ald. Snead moved for adoption. Ald. Schaumberg seconded. Ald. Snead stated the fire department has proposed a rate increase of about 12%. The proposed agreement does reflect an increase. The fire department had to provide its costs to the billing company, which in turn determined the rates. Ald. Snead also noted that the Public Safety Committee did discuss a different term for the agreement to better coincide with the budget cycle. Ald. Fiedler requested that the City Attorney review the agreement and determine if indemnification language is necessary to protect the City. Ald. Fiedler moved to amend the resolution to reflect a termination date of March 31, 2013 and to reflect consultation with the City Attorney regarding a potential indemnification provision. Ald. Werner seconded. Ald. Harenda expressed concern about the rate increase. It was discussed at Public Safety, but no data was ever provided to support the increase. Ald. Snead stated the committee did discuss the rate increase at its August 3 meeting. The fire department indicated it needed to increase the rates because of gas and insurance costs. Ald. Harenda stated he requested backup data be provided by the fire department, which he has not seen. The Mayor stated the increase is justifiable; the rates have not increased in six years. Mr. Verburgt does have the supporting information. Ald. Fiedler agreed that the increase was warranted. Ald. Soltysiak stated it was his understanding that the agreement would come forward with the existing rates and the increase would be discussed in the future. Ald. Fiedler moved to defer. Ald. Harenda seconded; motion carried. The Mayor stated the issue would go back to the Public Safety Committee in January; all the issues discussed will be addressed so the language in the agreement can be finalized. Reso. #179-2011 - Approval of Fire Protection Agreement with Tess Corners Volunteer Fire Department for 2012. Ald. Snead moved for adoption. Ald. Harenda seconded. Ald. Snead called attention to the fifth paragraph in the agreement, which is new. She stated that there was discussion at the Public Safety Committee regarding the number of personnel who respond to calls for service. The proposed language requires that the fire department provide a report to the City to include the number of personnel who responded. This will cost an additional $4,895. Ald. Borgman stated this issue was discussed in the past. He provided furthe r explanation for requiring the reports. The purpose for the reports is to get the fire department to the standards used by National Fire Inspection. Ald. Soltysiak agreed that this discussion has gone on for two years. The reports will provide data for the City to measure our fire department against others. Ald. Snead stated the reports will provide data to the City; however, the Common Council Minutes 4 December 13, 2011 State and national organization oversee the department’s certification. Ald. Harenda supports the expenditure because he believes the data will be valuable for the future. Ald. Snead summarized the issue: how detailed does the City want the report? The State is already getting what it needs. Does the City need more than that? If the response is yes, is the Council willing to pay additional money for the data? Ald. Harenda stated that the proposed language in the agreement was recommended by the Public Safety Committee. Ald. Fiedler stated he was still unclear as to why the data was needed. Ald. Snead stated she did not want to micromanage the fire department. Mayor Chiaverotti asked what would be done with the information when it was received. Ald. Schaumberg stated she did not see that any issues existed that require the information. Ald. Soltysiak stated receiving the data will allow the Public Safety Committee to be proactive and identify areas in the City where response time is getting too big, or response personnel is too small. Ald. Werner stated the data is provided to the State and language could be put in the agreement that would require the fire department to provide a copy to the City. Ald. Werner moved to amend to remove the phrase, “number of personnel who responded” from the fifth paragraph in the agreement. Ald. Schaumberg seconded. Motion carried 4 in favor and 3 opposed with Ald. Fiedler, Schaumberg, Werner and Snead voting yes and Ald. Soltysiak, Borgman and Harenda voting no. Reso. #179-2011, as amended, adopted 6 in favor and Ald. Harenda voting no. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 10/25/2011 Finance Committee, 11/1/2011 Plan Commission, 10/17/2011 Public Works Committee, and 11/2/2011 Public Safety Committee. ORDINANCES Ord. #1346 - An Ordinance to Establish Salaries for Elected Officials. First Reading. Ord. #1347 - An Ordinance to Amend Chapter 9, Section 9.05, of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). First Reading. Ord. #1348 - An Ordinance to Amend Chapter 9, Section 9.14(3), of the Municipal Code of the City of Muskego (Open Fires Restricted). First Reading. Ord. #1349 - An Ordinance Establishing Fees for Ambulance Services. First Reading. VOUCHER APPROVAL Ald. Schaumberg moved for approval of payment of Utility Vouchers in the amount of $85,306.61. Ald. Fiedler seconded. Motion carried 7 in favor. Ald. Schaumberg moved for approval of payment of General Vouchers in the amount of $1,562,069.84. Ald. Fiedler seconded. Motion carried 7 in favor. CITY OFFICIALS’ REPORTS The January calendar was reviewed. Common Council Minutes 5 December 13, 2011 CLOSED SESSIONS Ald. Fiedler moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(e) Deliberating or negotiating the purchasing of public properties, the investing of public funds, or conducting other specified public business, whenever competitive or bargaining reasons require a closed session, more specifically purchase of the properties per approved Resolution #142-2011 (Lake Park) and Wis. Stats. §19.85(1)(g) Conferring with legal counsel for the governmental body who is rendering oral or written advice concerning strategy to be adopted by the body with respect to litigation in which it is or is likely to become involved, more specifically Parkland Venture, LLC vs. City of Muskego. Ald. Werner seconded. Motion carried 5 in favor and 2 opposed with Ald. Harenda and Borgman voting no. OPEN SESSION Ald. Harenda moved to reconvene into open session. Ald. Fiedler seconded; motion carried. ADJOURNMENT Ald. Harenda moved to adjourn at 11:01 p.m. Ald. Fiedler seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk COMMON COUNCIL - CITY OF MUSKEGO Unapproved MINUTES OF SPECIAL MEETING HELD DECEMBER 27, 2011 Mayor Chiaverotti called the meeting to order at 6:00 p.m. Present were Ald. Fiedler, Schaumberg, Soltysiak, Harenda and Snead. Those present recited the Pledge of Allegiance. The Mayor stated that the meeting was noticed in accordance with the open meeting law. NEW BUSINESS Reso. #182-2011 - Approval of Extension of Agreement for Ambulance Services for 2012. Ald. Soltysiak moved for adoption. Ald. Fiedler seconded; motion carried. ADJOURNMENT Ald. Snead moved to adjourn at 6:05 p.m. Ald. Harenda seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #001-2012 RESOLUTION COMBINING WARDS FOR ELECTION PURPOSES WHEREAS, Section 5.15 (6) (b) of the Wisconsin Statutes provides that a municipality having a population of less than 35,000 may combine by resolution , two or more of the wards for voting purposes to facilitate using a common polling place and returns shall be maintained only for each group of combined wards, and WHEREAS, The City of Muskego has a population of less than 35,000 and has been divided into 16 wards for election purposes pursuant to Resolution #097-2011 passed and adopted on July 26, 2011. NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Muskego that wards in the City of Muskego shall be combined by aldermanic district i n the following manner for elections. Spring Odd and Fall Elections Spring Even with County Supervisors District 1 Wards 1, 2, 3 Wards 1, 2, 3 (Dist.#23) District 2 Wards 4 & 5 Wards 4 & 5 (Dist.#23) District 3 Wards 6, 7 & 8 Wards 6 & 8 (Dist.#24) Ward 7 (Dist.#23) District 4 Wards 9 & 10 Wards 9 & 10 (Dist.#24) District 5 Wards 11 & 12 Wards 11 & 12 (Dist.#24) District 6 Wards 13 & 14 Ward 13 (Dist.#24) Ward 14 (Dist.#23) District 7 Wards 15 & 16 Wards 15 & 16 (Dist.#23) DATED THIS DAY OF , 2012 SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution #001-2012 which was adopted by the Common Council of the City of Muskego. _________________________ Clerk-Treasurer 1/2012kc COMMON COUNCIL - CITY OF MUSKEGO RESOLUTION #002-2012 AP POINTMENT OF CITIZEN MEMBER TO COMMUNITY DEVELOPMENT AUTHORITY WHEREAS, It is the responsibility of the Mayor to appoint citizen members to the City’s various Boards and Commissions. NOW, THEREFORE, BE IT RESOLVED That the Common Council of the City of Muskego does hereby confirm the appointment of the following individual to serve as follows: Board or Commission Appointment Term to Expire Community Development Authority Bob Mueller To fulfill the unexpired term of William Engelking May 1, 2015 DATED THIS DAY OF , 2012. SPONSORED BY: Mayor Kathy Chiaverotti This is to certify that this is a true and accurate copy of Resolution #002-2012 which was adopted by the Common Council of the City of Muskego. ______________________________ Clerk-Treasurer 1/12jmb CITY OF MUSKEGO Staff Report to Council January 10, 2012 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Various Code Changes Date: January 4, 2012 Background Information: As Council may recall staff retains various code updates and tries to do them all at one time during the end of the year to avoid longer meeting times and multiple public hearings. This is the same case here where we are going over multiple code changes that are required due to clarifications, state code changes, or board requests. Only the Chapter 17 Zoning Code changes required a public hearing before the ordinance is approved while all the rest simply require an ordinance approval. The Chapter 17 changes are found attached in Ordinance #1351 while the other various code changes (Fire Codes) are found in attached Ordinance #1352. Please note that tonight we will just be accomplishing the first readings of the ordinances. The changes to Chapter 17 are subject to recommendation for the Plan Commission in February and the Fire Code changes are subject to recommendation from the Public Safety Committee in February prior to final action by Council in February. Please find below various details regarding the code changes proposed. Chapter 17 - Zoning Code Changes Section 4.03(6) – This was requested by the CDA so people who receive approved grants/loans from the City have to maintain their improvements in perpetuity. Section 8.01(3)C.17. & Section 14.03(7) – This is clarification based on state codes regarding zoning variances. This is the recommended way for the City to make reasonable accommodations for the disabled when it comes to zoning related setbacks/offsets. Section 8.38(3)C.1.c. – This change to show that nursing homes are allowed with conditional use grants in the DR-1 district in order to match other commercial zoning districts. Section 9.17(1) – This correction is need to update the Lake Meadows PD code section to match the required accessory structure rear offset that as always existed, but was inadvertently omitted from the code language. Section 14.06 – This is for clarification as to when a public hearing is required for the willing removal of a Conditional Use Grant. Section 15.05(8) – This modification to the fence zoning text is being added to clarify how fence height regulations are measured. Section 16.09(3) – This modification was requested by the Plan Commission from past review. This ordinance will allow more flexibility in electronic message center displays. Chapter 32 - Fire Code Changes Section 32.13B. – This modification is to change the square footage limits as to when sprinkler systems are required for certain commercial/industrial uses. These changes will now be closer to the State’s requirements. Section 32.13(C)g. – This is clarification as to the type of Knox lock cover that is required for the Fire Department Connection point on larger commercial structures. Section 32.15(C)c)3.5) – This modification is to clarify the building size in which automatic fire detection devices are required. Section 32.15D.2.i) – This modification is to alter and clarify the turning radius required in site design to accommodate proper fire equipment. A diagram is being added to the code to further assist in site planning. Section 32.15H.a) – This modification is to clarify the building size in which Fire Department Standpipes are required. Recommendation for Action by Committee: Approval. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1351 AN ORDINANCE TO AMEND CHAPTER 17 SECTIONS 4.03 (6), 8.01 (3) C., 8.38 (3) C 1., 9.17 (1), 14.03, 14.06, 15.05 (8) AND 16.09 (3) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Zoning Ordinance) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 4.03 (6), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (6) COMPLIANCE IN PERPETUITY Any BSO Plan granted through the authority of this Section, or site/façade improvement (based on an approved grant or loan program carried out by the Community Development Authority, Planning Commission, or Common Council) shall be perpetually binding upon the development and all aspects of the approval given shall be followed. Further, BSO Plan or site/façade improvement referenced above, shall be perpetually binding to the extent that: A. All buildings and structures shall be maintained in a tasteful, safe and appropriate manner as they were originally approved for. B. All landscaping shall be periodically groomed and/or replaced when necessary. C. All drives, parking and pedestrian areas shall be kept in a safe and passable condition. This includes the maintaining of the appropriate pavement markings and the refinishing of the asphalt or concrete when it should become deteriorated. D. All natural areas and environmental areas identified for protection shall be maintained in manner which preserves their aesthetic and natural function E. All repairs and maintenance shall be executed in a timely manner. SECTION 2: Chapter 17, Section 8.01 (3) C., of the Municipal Code of the City of Muskego is hereby amended to add Section 8.01 (3) C. 17. to read as follows: 17. Waiver to a dimensional zoning regulation for a reasonable accommodation for person with disabilities. See Section 14.03(7) for details. SECTION 3: Chapter 17, Section 8.38 (3) C. 1., of the Municipal Code of the City of Muskego is hereby amended to add Section 8.38 (3) C. 1. c. to read as follows: c. Nursing/rest homes, homes for all aged, and daycares. SECTION 4: Chapter 17, Section 9.17 (1), of the Municipal Code of the City of Muskego is hereby amended to read as follows: Ord. #1351 Page 2 (1) The Lake Meadows Planned Development consists of approximately 132.5 acres containing 206 single-family parcels and one outlot. The development is located off of Kelsey Drive just east of Crowbar Drive and stretches south from Kelsey to Lake Denoon. The Final Plat included one outlot that was dedicated t o the City for Park purposes and is now zoned for a City Park. The development was constructed in one phase and is serviced by the Norway Sewer Service District and a private water trust. The planned development was originally created under the zoning o f RS-2/PD Suburban Residence District with a Planned Development Overlay District. The Planned Development zoning was put in place to allow the developer’s to use the reduced lot square footages while preserving the required density of the City’s Comprehensive Plan. The PD also changed a few of the requirements of the underlying zoning including reducing all front setbacks to 35 feet, reducing side offsets to 10 feet, and enlarging rear offsets to 30 feet, except for accessory structures which are allowed a 10 foot rear offset. The 2010 Comprehensive Plan depicts the area for single -family residential development consistent with the Lake Meadows proposed density. A Developer’s Agreement was approved with the Final Plat by the City’s Common Council outlining the individual guarantees. SECTION 5: Chapter 17, Section 14.03, of the Municipal Code of the City of Muskego is hereby amended to add Section 14.03 (7) to read as follows: (7) REASONABLE ACCOMMODATIONS FOR THE DISABLED A waiver to a dimensional zoning regulation can be granted through a Conditional Use Grant to offer a reasonable accommodation for a person with disabilities. Said grants should only be issued for current needs and only the minimum waiver necessary should be granted, with all other no n- waiver options first being explored and ruled out. The Plan Commission can impose conditions as part of said grant, such as having said structure/feature removed once the disabled person vacates the property. SECTION 6: Chapter 17, Section 14.06, of the Municipal Code of the City of Muskego is hereby amended to read as follows: Where a permitted conditional use does not continue in conformity with the conditions of the original approval, or where a change in the character of the surrounding area or of the use itself causes it to be no longer compatible with surrounding areas, or for similar cause based upon consideration for the public welfare the conditional grant may be terminated by action of the Common Council following referral to the Plan Commission for recommendation, and public hearing thereon. Such use shall thereafter be classified as legal nonconforming use, except that where the action is due to failure to comply with the conditions of the conditional grant, the Common Council may require complete termination of such use. When the owner of the property/business is requesting the termination willingly, due to the use being discontinued, a public hearing is not required. Building, Site, and Operation Plan amendment review is still required by the Plan Commission to terminate said use in this circumstance. Ord. #1351 Page 3 SECTION 7: Chapter 17, Section 15.05 (8), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (8) FENCES & WALLS Where anchored to supports embedded in the ground shall be considered permanent structures and shall be subject to the following: A. Any such fence or wall not in excess of 6 feet in height may be allowed with a valid zoning permit. Fence panels are allowed to be up to 6 feet in height, with up to an additional 6 inches being allowed for ground clearance and post/cap height. The total height of any installed fencing system (fence panels, posts, and caps) cannot exceed a maximum combined height of 6 foot 6 inches. The total fence system heights are measured from the natural grade at any point along the base of the fence/posts to the top of the highest fence panel, post, or post cap. B. Any such fence or wall in excess of the height listed in 15.05(8)A. 6 feet in height may be permitted provided it conforms to the height, offset, and setback requirements of the district in which it is located. C. Fence heights are measured from the natural grade at any point along the base of the fence/posts to the top of the highest fence panel or post. If the fence or wall is going to be located on a berm, the berm cannot have slopes that measure steeper than four (4) foot horizontal to one (1) foot vertical slope. Also, the top of the berm must have a level area on each side of the fence or wall that is at least two (2) feet wide. These requirements apply to any new/replacement fencing or wall on an existing or proposed berm. (Ord. #1326 08-19-2010) D. The decorative side of all fencing must face the neighboring properties. (Ord. #1326 08-19-2010) E. All fencing in residential districts must be constructed out of materials that are traditionally found in residential areas. (Ord. #1326 08 -19-2010) F. Retaining walls or decorative walls may be permitted anywhere on the lot provided, however, that no individual wall shall exceed 6 feet in height, and a terrace of at least 3 feet in width shall be provided between any series of such walls and provided further that along a street frontage no such wall shall be closer than 3 feet to the base setback line. SECTION 8: Chapter 17, Section 16.09 (3), of the Municipal Code of the City of Muskego is hereby amended to read as follows: (3) Time/Temperature and LED devices: Time-and-temperature devices may be erected as wall signs or part of ground and monument signs and shall meet the requirement attendant to those sign types. Time-and-temperature devices may display the time, the temperature, activities occurring on the premises, and public events. Signs may be illuminated but nonflashing. Signs shall not be revolving, Ord. #1351 Page 4 scrolling, or animated; however, time-and-temperature devices may be cyclical. Approved LED devices may advertise three messages per day. The signs may change messages or time/temperature every 3 5 seconds. Colors and intensity of LED signage is under the sole discretion of the Planning Commission. LED specifications must be included as part of submittal if intended to be used. SECTION 9: The several sections of this ordinance are declared to be severable . If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision , and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 10: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS ____ DAY OF ______ , 2012 CITY OF MUSKEGO Kathy Chiaverotti, Mayor ATTEST: First reading: ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1352 AN ORDINANCE TO AMEND CHAPTER 32 SECTIONS 32.13 B., 32.13 (C) g., 32.15 (C) c) 3. 5), 32.15 D. 2. i) AND 32.15 H. a) OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (Fire Prevention code) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: The S-1 & S-2 designations in the table found in Chapter 32, Section 32.13 B., of the Municipal Code of the City of Muskego is hereby amended to read as follows: OCCUPANCY TYPE 1 TYPE II TYPE III TYPE IV TYPE V S-1 58,000 SF 58,000 SF 35,000 SF 35,000 SF 35,000 SF S-2 58,000 SF 58,000 SF 35,000 SF 35,000 SF 35,000 SF SECTION 2: Chapter 32, Section 32.13 (C) g., of the Municipal Code of the City of Muskego is hereby amended to read as follows: g. The FDC must include a 5” Storz connection with a Knox lock cover. SECTION 3: Chapter 32, Section 32.15 (C) c) 3. 5), of the Municipal Code of the City of Muskego is hereby amended to read as follows: 5) Appliances that automatically detect fire and/or products of combustion are not required in buildings less than 25,000 sq. ft. that have complete automatic fire sprinkler systems installed in accordance with NFPA 13, unless required by the AHJ. Note: State Codes may be more restrictive. SECTION 4: Chapter 32, Section 32.15 D. 2. i), of the Municipal Code of the City of Muskego is hereby amended to read as follows: i) Turning Radius. Curves and turn-arounds, solely leading to or within a fire street, shall be designed for a forty-one eight (41 48) foot long fire truck with an inside turning radius of 28.5 feet and outside turning radius of 49.5 feet with a two-foot unobstructed overhang (see diagram herein for example). A minimum 24-foot roadway of asphalt or concrete is needed around a turn to accommodate this ordinance. Ord. #1352 Page 2 Corner turning radius based upon 41-foot long fire truck with a 28.5-foot inside turning radius and a 49.5-foot outside turning radius. This equates to needing a minimum of 21 feet of pavement/concrete around a turn. A multiple turn may require greater pavement needs to accommodate a proper turning radius. However, all other Muskego access ordinances apply (Ex. Min. 24-foot access way for fire lane per Muskego ordinances applies). SECTION 5: Chapter 32, Section 32.15 H. a), of the Municipal Code of the City of Muskego is hereby amended to read as follows: a) WHERE REQUIRED. Fire Department Standpipes shall be provided in all new structures over two stories in height or 25,000 sq. ft. single story in accordance with this section. All stairwells in buildings over one story will require standpipes. SECTION 6: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 7: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS ____ DAY OF ______ , 2012 CITY OF MUSKEGO Kathy Chiaverotti, Mayor Ord. #1352 Page 3 ATTEST: First reading: ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: CITY OF MUSKEGO Staff Report to Council January 10, 2012 Meeting To: Common Council From: Jeff Muenkel, AICP Subject: Ordinances #1353 & #1354 - EA Exclusive Agricultural Zoning District & Text Changes Date: January 4, 2012 Background Information: Staff met with COW back on May 24, 2011 to discuss changes in the way State Preservation Tax Credits are being administered now and how this affects the City’s EA Exclusive Agricultural Zoning District. At that meeting COW directed staff to come back with a few ordinance options once the State first determined if they were going to remove the EA District conversion fee (fee charged to property owners who convert their parcel from the EA zoning district to another zoning district). The state has removed that conversion fee and the options for the city are now presented herein. Council wanted to provide the various options at a public hearing and then determine the best direction after receiving this input. Please note that tonight we will just be accomplishing the first readings of the ordinances. The changes are subject to recommendation by the Plan Commission prior to final action by Council in February. To sum the whole story up: The City’s EA zoning district was put in place in the early 1980s solely to allow property owners to get State of Wisconsin agricultural preservation tax credits. Since this time the city has allowed owners to rezone out of the EA District to the comparable A -1 District at their leisure. In most cases owners requested this rezoning to allow a smaller parcel to be split off or because they didn’t need the tax credits and they wanted a legal conforming parcel (The EA zoning district requires parcel sizes of 35 acres to be conforming while the A-1 zoning district only requires 2.75 acres). The State of Wisconsin changed the requirements for an owner to receive agricultural tax credits this past year. Instead of simply being locally zoned EA and applying for the credits you would now have to: 1. Be locally zoned EA; 2. The municipality would have to have a State certified new EA zoning text in place, and; 3. The property would have to be approved in the Waukesha County’s Farmland Preservation plan as a designated Farmland Preservation Area (note: many requirements apply to qualify). This brings us to tonight where we have allowed various options to be reviewed by Council based on the public hearing info we receive. As you will see below the Council has the ability to keeps things as is, keep opportunities for owners to possibly s till acquire future tax credits, or remove the EA zoning district and text and let owners come back in the future if they are able to properly assemble the requirements for future tax credits. Options for the City (Note: A letter was sent to all property owners noting the following scenarios prior to the public hearing): 1. Leave all ordinances and zoning districts the same as today – This would leave the existing EA zoning district and EA zoning ordinance text “as is” today. Chances for yearly preservation tax credits would not be allowed since the State now requires many different qualifications to receive such credits including having a new model EA zoning ordinance text. To accomplish this scenario we would defeat ordinances # 1353 & #1354. 2. Adopt ordinance language for EA zoned parcels – The State has a new model ordinance for EA zoned parcels that the City could adopt. The language is a bit more restrictive in nature than what exists today. Adopting this language could then make parcel owners eligible, in the future, for State preservation tax credits. However, it should be noted that a parcel owner would have to meet many more obligations through Waukesha County and the State of Wisconsin before being able to receive such tax credits. Obligations would include becoming a Primary or Secondary Farmland Preservation zone in the County’s new Farmland Preservation Plan. Becoming such an area requires numerous qualifications including committing the parcels of land to farmland for at least 15 years and having contiguous blocks of farmland of at least 1,000 contiguous acres, among other requirements. To accomplish this scenario we would adopt ordinance # 1353 & defeat ordinance #1354. 3. Remove the existing EA zoning ordinance and change any parcels that have the EA zoning district to the A-1 Agricultural zoning district – This option would allow farmers to continue all farming practices they currently practice today on their EA zoned lands. Further this would also allow parcel owners to be able to break up future parcels at 2.75 acres in size without seeking out their own rezoning as the current EA zoning district requires minimum parcel sizes of at least 35 acres. To accomplish this scenario we would defeat ordinance # 1353 & adopt ordinance #1354. Staff Discussion: As discussed at the COW meeting last summer staff feels that the best way to go for the future of Muskego is to simply remove the EA zoning district and rezone al the parcels to the A-1 zoning district which is Option #3 above. The various reasons supporting this are as follows: The A-1 zoning district allows the same abilities and practices that the EA zoning district does today. The A-1 zoning district will allow the city to have more parcels that are legal conforming. The EA district has many parcels that were arbitrarily zoned EA back in the 1980s that are still legal nonconforming today as the EA zoning minimum parcel size requirement is 35 acres while the A-1 district minimum parcel size is 2.75 acres. The change will allow parcel owners to more easily divide their parcels for family land divisions without a future rezoning. The chances of an owner getting their lands included in Waukesha County’s Farmland Preservation Plan as a designated farmland preservation area is very slim. One owner would not be able to accomplish this in Muskego as it would have to be a group of owners. The requirement to become designated states that an area would have to be contiguous blocks of at least 1,000 acres. Further all owners would have to agree to commit their parcels to farmland for at least 15 years. If owners would get their properties included in the Waukesha County Farmland Preservation Plan in the future the City could always review re-creating an EA zoning district for those specified lands. Only small portions of three towns in Waukesha County (Town of Oconomowoc, Town of Eagle, and Town of Ottawa) are still designated in the County’s Farmland Preservation Plan as a farmland preservation area. The City of Muskego plans future land uses via their 2020 Comprehensive Plan and zones lands based on current land uses. We shouldn’t be zoning for one small specific area as a whole for the overall EA District. The City of Muskego still promotes agricultural preservation as part of the 2020 Comprehensive Plan “Conservation Preservation Desired Development Area” on the adopted 2020 Land Use Map. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1353 AN ORDINANCE TO AMEND CHAPTER 17 SECTION 8.35 OF THE MUNICIPAL CODE OF THE CITY OF MUSKEGO (EA Exclusive Agricultural Zoning District Text) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN DO ORDAIN AS FOLLOWS: SECTION 1: Chapter 17, Section 8.35 of the Municipal Code of the City of Muskego is hereby removed and recreated as attached. SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinance whose terms are in conflict with the provisions of this ordinance is hereby repealed as to those terms that conflict. SECTION 3: This ordinance shall be in full force and effect from and after its passage and publication. PASSED AND APPROVED THIS ________ DAY OF ______________ , 2012 CITY OF MUSKEGO Kathy Chiaverotti, Mayor ATTEST: First reading: ________________________ Clerk-Treasurer Notice of Newly Enacted Ordinance Published: Ord. #1353 Page 2 8.35 EA EXCLUSIVE AGRICULTURAL FARMLAND PRESERVATION DISTRICT (1) STATEMENT OF INTENT The EA Exclusive Agricultural Farmland Preservation District is compatible with agriculture zoning and will only be developed to meet the law protecting farmland. (2) BASIC REGULATIONS (A.) Lot Size (B.) Density (C.) Building Location (D.) Building Size (E.) Open Space (F.) Height Minimum Area (In Sq. Ft. Or Acres) Min. Average Width (In Feet) Residential Lot Area Per D/U Min. Set Back (In Feet) Minimum Offset Minimum Residential Floor Area (In Sq. Ft.) Floor Area Ratio Min per Residential D/U Max. Permitted (In Feet) Lot Area Per D/U (In Sq. Ft.) One Side (In Feet) All other sides (In Feet) Single Family Multi per D/U Principal structure Accessory structure 1st floor Total 35 Acres 1275 35 Acres* 75 75 30 1200 1200 - - 35 Acres 35 60 * May be reduced by ½ in the case of two family dwellings. A. LAND USE IN FARMLAND PRESERVATION ZONING DISTRICT; GENERAL. Only the following land uses are allowed in a farmland preservation zoning district: 1. Uses allowed under section B without a conditional use permit. 2. Uses allowed under section C with a conditional use permit. 3. Prior nonconforming uses, subject to Section 6 (Non-Conformity) of this Zoning Code. B. PERMITTED USES 1. Exclusive agricultural uses with the following exceptions: a. On parcels 35 acres or larger, the only residence allowed as permitted uses are those to be occupied by a person who, or a family at least one member of which, earns a substantial part of his or her livelihood from farm operations on the parcel, or is a parent or child of the operator of the farm. Pre-existing residences located in areas subject to zoning under this section which do not conform to this paragraph may be continued in residential use and may be exempted from any limitations imposed or authorized under s. 62.23(7)(h), if they comply with regulations of the RC-3 District. RC-3 Regulations: Lot size: Area 40,000 SF Width 150 ft. Density: 40,000 SF Location: Setback 50 ft Offset 20 ft Size: 1200 SF Open Space: 30,000 SF Height: Principal 30 ft Access. 25 ft 2. Agricultural uses and accessory uses on farms which are normal for agricultural purposes, except that a conditional use permit is required under section C(3) for the following agricultural uses and accessory uses: a. A new or expanded facility used to keep cattle, swine, poultry, sheep, or goats if that facility will have more than 500 animal units. 3. Undeveloped natural resource and open space areas. 4. Transportation, utility, communication, or other uses that are required under state or federal law to be located in a specified place, or that are authorized to be Ord. #1353 Page 3 located in a specific place under a state or federal law that preempts the requirement of a conditional use permit for that use. C. PERMITTED USE BY CONDITIONAL GRANT 1. General a. The City of Muskego may issue a conditional use permit for a proposed land use identified in this section if the proposed land use meets applicable conditions under this section. b. Before issuing a conditional use permit under par. A. the City of Muskego shall determine in writing that the proposed use meets applicable conditions under this section. The City of Muskego may issue the permit subject to any additional conditions which the City of Muskego deems necessary to carry out the purposes of this ordinance. 2. Nonfarm Residences. The City of Muskego may issue a conditional use permit for a proposed nonfarm residence if all the following standards will be met when the approved nonfarm residence comes into existence: a. If the nonfarm residence will be located in a base farm tract: 1. The ratio of nonfarm residential acreage to farm acreage in the base farm tract will not exceed 1:20. 2. There will be no more than 1 dwelling unit in nonfarm residences, per parcel in a base farm tract. b. Neither the nonfarm residence, nor the parcel on which the nonfarm residence is located, will do any of the following: 1. Convert prime farmland, or cropland other than a woodlot, from agricultural use if there is a reasonable alternative available to the permit applicant. 2. Significantly impair or limit the current or future agricultural use of any other protected farmland. 3. Nonfarm Residences-Existing. Proposed division for purposes of farm consolidation and if permitted by local regulations, farm residences or structures which existed prior to the adoption of the ordinance may be separated from a larger farm parcel. 4. Agricultural Related and Accessory Uses on Farms. The City of Muskego may issue a conditional use permit for any of the following agricultural uses or accessory uses: a. A new or expanded facility that will be used to keep cattle, swine, poultry, sheep, or goats if that facility will have more than 500 animal units, if the proposed facility meets the standards prescribed in ch. ATCP 51, Wis. Adm. Code. b. Animal hospitals for use primarily with farm animals. c. Cheese factory. d. Farm implementing business. e. Blacksmith shop or machine shed for the maintenance and repair of farm machinery, equipment and vehicles. f. Public utility offices and installations (subject to requirements in WI Stat. 91.46(4). D. REZONING LAND OUT OF A FARMLAND PRESERVATION ZONING DISTRICT. 1. Except as provided in sub. (2), the City of Muskego may not rezone land out of a farmland preservation zoning district unless the City of Muskego does all the following prior to the rezoning: a. Finds all the following in writing, after public hearing, as part of the official record of the rezoning: Ord. #1353 Page 4 1. The rezoned land is better suited for a use not allowed in the farmland preservation zoning district. 2. The rezoning is consistent with the comprehensive plan, adopted by the city of Muskego, which is in effect at the time of the rezoning. 3. The rezoning is substantially consistent with the Waukesha County Farmland Preservation Plan, certified under ch. 91, Wis. Stats., which is in effect at the time of rezoning. 4. The rezoning will not substantially impair or limit current or future agricultural use of other protected farmland. 2. Subsection (1) does not apply to any of the following: a. A rezoning that is affirmatively certified by the Wisconsin Department of Agriculture, Trade and Consumer Protection under ch. 91, Wis. Stats. b. A rezoning that makes the farmland preservation zoning ordinance map more consistent with the Waukesha County Farmland Preservation Plan map, certified under ch. 91, Wis. Stats., which is in effect at the time of rezoning. E. DEFINITIONS. In this section 8.35 farmland preservation ordinance: (1) “Accessory use” means any of the following land uses on a farm: (a) A building, structure, or improvement that is an integral part of, or is incidental to, an agricultural use. This may include, for example: 1. A facility used to store or process raw agricultural commodities, all of which are produced on the farm. 2. A facility used to keep livestock on the farm. 3. A facility used to store or process inputs primarily for agricultural uses on the farm. 4. A facility used to keep or service vehicles or equipment primarily employed in agricultural uses on the farm. 5. A wind turbine or solar energy facility that collects wind or solar energy on the farm, and uses or transforms it to provide energy primarily for use on the farm. 6. A manure digester, bio-fuel facility, or other facility that produces energy primarily from materials grown or produced on the farm, primarily for use on the farm. 7. A waste storage or processing facility used to store or process animal waste produced solely from livestock kept on the farm. (b) An activity or business operation that is an integral part of, or incidental to, an agricultural use. (c) A farm residence, including normal residential appurtenances. Ord. #1353 Page 5 (d) A business, activity, or enterprise, whether or not associated with an agricultural use, which meets all of the following requirements: 1. It is conducted on a farm by an owner or operator of that farm. 2. It requires no buildings, structures, or improvements other than those described in par. (a) or (c). 3. It does not impair or limit the current or future agricultural use of the farm or other protected farmland. (2) “Agricultural use” means any of the following activities conducted for the purpose of producing an income or livelihood: (a) Crop or forage production. (b) Keeping livestock. (c) Beekeeping. (d) Nursery, sod, or Christmas tree production. (e) Floriculture. (f) Aquaculture. (g) Fur farming. (h) Forest management. (i) Enrolling land in a federal agricultural commodity payment program or a federal or state agricultural land conservation payment program. (3) “Agriculture-related use” means a facility, whether or not located on a farm, that has at least one of the following as a primary and not merely incidental purpose: (a) Providing agricultural supplies, agricultural equipment, agricultural inputs or agricultural services directly to farms, including farms in the farmland preservation zoning district. (b) Storing, processing or handling raw agricultural commodities obtained directly from farms, including farms in the farmland preservation zoning district. (c) Slaughtering livestock, including livestock from farms in the farmland preservation zoning district. (d) Marketing livestock to or from farms, including farms in the farmland preservation zoning district. (e) Processing agricultural by-products or wastes received directly from farms, including farms in the farmland preservation zoning district. (4) “Base farm tract” means all land, whether one parcel or 2 or more contiguous parcels, which is in a farmland preservation zoning district and is part of a single farm on the date on which DATCP first certifies the farmland preservation zoning text, regardless of any subsequent changes in the size of the farm. Ord. #1353 Page 6 (5) “Common ownership” means ownership by the same person or persons, or by persons that are all wholly owned by the same person or persons. “Common ownership” includes joint tenancy and tenancy in common. Solely for purposes of this definition, a parcel owned by one member of a married couple is deemed to be owned by the married couple. (6) “Contiguous” means adjacent to or sharing a common boundary. “Contiguous” land includes land that is separated only by a river, stream, section line, public road, private road, railroad, pipeline, transmission line, or transportation or transmission right-or-way. Parcels are not “contiguous” if they meet only at a single point. (7) “Farm” means all land under common ownership that is primarily devoted to agricultural use. For purposes of this definition, land is deemed to be primarily devoted to agricultural use if any of the following apply: (a)The land produces at least $6,000 in annual gross farm revenues to its owner or renter, regardless of whether a majority of the land area is in agricultural use. (b)A majority of the land area is in agricultural use. (8) “Farm acreage” means, the combined total acreage of all of the following in the “base farm tract:” (a) Farms. (b)Open space parcels. (9) “Farm residence” means any of the following structures located on a farm: (a)A single-family residence that is the only residential structure on the farm. (b)A single-family residence that is occupied by any of the following: 1. An owner or operator of the farm. 2. A parent or child of an owner or operator of the farm. 3. An individual who earns more than 50 percent of his or her gross income from the farm. (c) A migrant labor camp that is certified under s. 103.92, Wis. Stats. (10) “Gross farm revenue” means gross receipts from agricultural uses, less the cost or other basis of livestock or other agricultural items purchased for resale which are sold or otherwise disposed of during the taxable year. “Gross farm revenue” includes receipts accruing to a renter, but does not include rent paid to the land owner. (11) “Livestock” means bovine animals, equine animals, goats, poultry, sheep, swine, farm-raised deer, farm-raised game birds, camelids, ratites and farm-raised fish. (12) “Nonfarm residence” means any residence other than a farm residence. (13) “Nonfarm residential acreage” means the combined total acreage of all parcels on which nonfarm residences are located, all parcels on which the City of Muskego has approved nonfarm residences and the parcel to which the conditional use permit application pertains. Ord. #1353 Page 7 (14) “Open space parcel” means a parcel on which no buildings, other than hunting blinds or small sheds, have been constructed or approved for construction. (15) “Person” means an individual, corporation, partnership, limited liability company (LLC), trust, estate or other legal entity. (16) “Prime farmland” means all of the following: (a) An area with a class I or class II land capability classification as identified by the Natural Resources Conservation Service of the United States Department of Agriculture. (b) Land, other than land described in par. (a), which is identified as prime farmland in the county’s certified farmland preservation plan. (17) “Prior nonconforming use” means a land use that does not comply with this farmland preservation zoning ordinance, but which lawfully existed prior to the application of this ordinance. (18) “Protected farmland” means land that is any of the following: (a) Located in a farmland preservation zoning district certified under ch. 91, Wis. Stats. (b) Covered by a farmland preservation agreement under ch. 91, Wis. Stats. (c) Covered by an agricultural conservation easement under s. 93.73, Wis. Stats. (d) Otherwise legally protected from nonagricultural development. COMMON COUNCIL - CITY OF MUSKEGO ORDINANCE #1354 AN ORDINANCE TO AMEND THE ZONING MAP OF THE CITY OF MUSKEGO (EA Exclusive Agricultural District to A-1 Agricultural District) THE COMMON COUNCIL OF THE CITY OF MUSKEGO, WISCONSIN, DO ORDAIN AS FOLLOWS: SECTION 1: The following described properties are hereby rezoned from EA Exclusive Agricultural District to A-1 Agricultural District: MSKC2185998 MSKC2236995 MSKC2274999 MSKC2279999 MSKC2185999 MSKC2236997 MSKC2275998 MSKC2279999001 MSKC2190995 MSKC2236999 MSKC2275999 MSKC2285996 MSKC2190996004 MSKC2238997 MSKC2276998 MSKC2286968 MSKC2231996 MSKC2240999 MSKC2277996 MSKC2286999 MSKC2233996001 MSKC2263998 MSKC2277996001 MSKC2288996003 MSKC2233999 MSKC2268996 MSKC2277997 MSKC2288996004 MSKC2234996 MSKC2268997 MSKC2277998 MSKC2290999 MSKC2234997 MSKC2268998 MSKC2277999 MSKC2293999002 MSKC2234998 MSKC2268999 MSKC2278993 MSKC2297999 MSKC2235998 MSKC2270994 MSKC2278994 MSKC2299996 MSKC2235998001 MSKC2271997 MSKC2278999 MSKC2299999 MSKC2235998002 MSKC2271999001 MSKC2279997 MSKC2300999 MSKC2235999 MSKC2273999002 MSKC2279998 MSKC2303996 SECTION 2: The several sections of this ordinance are declared to be severable. If any section or portion thereof shall be declared by a decision of a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such decision shall apply only to the specific section or portion thereof directly specified in the decision, and not affect the validity of all other provisions, sections, or portion thereof of the ordinance which shall remain in full force and effect. Any other ordinances whose terms are in conflict with the provisions of this ordinance are hereby repealed as to those terms that conflict. SECTION 3: This ordinance is in full force and effect from and after passage and publication. PASSED AND APPROVED THIS DAY OF , 2012. CITY OF MUSKEGO __________________________________ Kathy Chiaverotti, Mayor First Reading: ATTEST: __________________________ Clerk-Treasurer CITY OF MUSKEGO Staff Report to Council January 10, 2012 Meeting To: Common Council From: Adam Trzebiatowski, AICP Subject: Schaumberg Rezoning Date: January 4, 2012 Background Information: Richard & Neome Schaumberg are requesting a rezoning for their property located along Parker Drive (W181 S9102 Parker Drive / Tax Key No. 2241.997). The rezoning would be from A-1 – Agricultural District to RC-1 – Country Residence District. The 2020 Comprehensive Plan identifies this area as Rural Density Residential, which does match the proposed rezoning. See the side-by-side zoning map attached for details. The petitioner is requesting this rezoning in order to complete a proposed future land division. The land division does not appear to be able to occur without the rezoning. The proposed zoning is already found on some adjacent properties and the proposed zoning fits within the allowances of the 2020 Comprehensive Plan. Lots within the RC-1 district must be at least 200 feet in width and at least 80,000 square feet in area. Since the 2020 Comprehensive Plan identifies this property as Rural Density Residential, any lots within this area would need to be at least 88,898 square feet in size or great in order to meet the < 0.49 units per acre density requirement. There is no sanitary sewer service currently available that would be feasible to serve these properties. Any divisions/lot line adjustments on these properties will still need separate approvals at a later date, if said rezoning is approved. Staff recommends approval based upon the information provided above. C u r r e n t Z o n i n g P r o p o s e d Z o n i n g S c h a u m b e r g R e z o n i n gSchaumberg R e z o n i n g C r e a t e d B y :C i t y o f M u s k e g oDecember 1 9 , 2 0 1 1´ A-1 RS-1 RS-1 CI-1 I-1 RSE SW RC-1 A-1 C i t y o f M u s k e g o C i t y o f F r a n k l i n McShane Dr. Hi Vie w Dr. North Cape Rd. Legend A f f e c t e d A r e a Z o n i n g RSE RC-1 SW A-1 RS-1 RS-1 CI-1 I-1 RSE SW RC-1 A-1 A-1 A-1 A-1 R i g h t -o f -W a y S t r u c t u r e s W a t e r B o d y Racine Ave. Parker Dr. Petitioner: Richard & Neome Schaumberg Tax Key Number:MSKC 2241.997 P a r c e l s Racine Ave. Parker Dr.