Loading...
ccm19940222CITY OF MUSKEGO COMMON COUNCIL MINUTES OF MEETING HELD FEBRUARY 22, 1994 The meeting was called to order at 7:39 P.M. by Mayor De Angelis. Also present were Aldermen Patterson, Dumke, Misko, Sanders, Molter, and Deputy Clerk Blenski. Schneider, Taube, Woodard, City Clerk Marenda, City Attorney meeting held February 8, 1994. Sanders seconded, carried. Patterson moved for approval of minutes of the Common Council COMMUNICATIONS FROM THE MAYOR'S OFFICE An informational Dublic hearinq will be held on March 8, 1994 prior to the Council mekting regarding the proposed "Cowtown". project. PERSONAL APPEARANCES Mr. Donald Vilione of Conlev McDonald presented Annual TIF Reports for 1992 and TIF Financial Summary for- 1993 and 1994. COMMITTEE REPORTS Sanders presented minutes of Finance Committee Meetings held 2/16/94 and 2/22/94 and moved for acceptance. Patterson seconded, carried. Schneider presented minutes of Public Welfare Committee Meeting held 2/9/94 and moved for acceptance. Patterson seconded, carried. Woodard presented minutes of Public Utilities Committee Meeting - held 2/17/94 and moved for acceptance. Sanders seconded, carried. Minutes of Plan Commission Meeting held 2/15/94 were received and placed on file. OLD BUSINESS Ord. #827 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-2 to RSM (Willow Glen Apartments f/k/a American College Park Apartments). On the floor, deferred 2/8/94. Attorney Molter updated the Council regarding the written correspondence he had with Mr. Heise's attorney. Patterson There were no objections. Mr. Heise provided informational packets requested Mr. Heise be allowed to briefly address the Council. Heise's material. Upon reconvening, Sanders stated it was to the Council. A short recess was taken to allow review of Mr. difficult to review all the information presented in such a short time. He noted that the documentation was not signed. Molter stated that this matter goes back to 1980. He was not involved at that time. Mr. Heise's information contains two different, unsigned stipulation documents. It appears nothing was ordered by the Court. Attorney Molter stated the documentation presented by Mr. Heise does not substantiate his request for rezoning. He stated the various documentation presented could have been draft copies of a stipulation that was being worked on, but never filed. Attorney Molter stated that the apartments are allowed to exist as 0 legal, nonconforming. Patterson called for the question. Dumke objected as he wanted to speak. Patterson withdrew his call for the question. Dumke stated his objection to the rezoning. Sanders Common Council Minutes February 22, 1994 Page 2 would be needed together. He does not approve of additional stated both the rezoning and the certified survey map approvals apartments already exist. Mayor stated that if divided, there is a multi-family units but does support rezoning the parcel where the potential buyer for the parcel that would remain RS-2. Upon a roll call vote, Ord. #827 was defeated 6-1 with Sanders casting a "yes" vote. Patterson moved to state reasons for denial of the rezoning so that they would be a part of the record. The reasons are as comprehensive plan; 2. The Plan Commission has recommended that the follows: 1. The rezoning change violates the newly adopted zoning not be changed; 3. Such a zoning change could be used in the future to allow for more multiple family zoning in the area; 4. development; 5. Many persons in the area are against such a Such a zoning change would allow for an increased density of Taube seconded the motion. Sanders expressed concern about some of rezoning and have voiced their opinions at the Public Hearing. the reasons that were stated and the Council voting on them. Misko stated Sanders could vote "no" if he does not approve. Attorney Molter stated that the petitioner deserves the right to know why something is being denied. Sanders asked why Plan Commission denied the rezoning. The Mayor stated that there was no valid reason to change the zoning and that the rezoning is against the Comp Plan. Sanders stated that the plan is to be used as a guide, but deviations will occur. Upon a roll call vote, the motion to approve the reasons for denial of the rezoning passed 6-1 with Sanders casting the "no" vote. Ord. #E29 - An Ordinance to Amend Chapter 14, to Add Section 1.5 (Z)(j), of the Municipal Code of the City of Muskego Floodplain 0 Zoning Ordinance: Official Map (Plum Creek Addition #1). Second Reading. Taube moved for adoption. Schneider seconded. Carried 7-0. Ord. #E30 - An Ordinance to Amend the Zoning Map of the City of Muskego from RS-2 to RS-Z/OPD (Plum Creek East Subdivision). Second Reading. Taube moved for adoption. Schneider seconded. Taube moved to amend the legal description removing the word i Misko seconded, carried. Ord. #830, as amended, carried 7-0. "Little" before "Muskego Canal" in two places in the Ordinance. Reso. #30-94 - Approval/Disapproval of Certified Survey Map - Heise. On the floor to disapprove, deferred 2/8/94. Sanders opposes the land division because of the present zoning. Patterson moved to amend the resolution as follows: 1. After the first WHEREAS, add, "WHEREAS, the present use of the entire property is multiple family and the zoning is RS-2 Single Family Residential; and WHEREAS, the present use of the entire property is a legal nonconforming use." 2. Amend the first BE IT RESOLVED paragraph to read as follows: BE IT FURTHER RESOLVED that the Common Council of the City of Muskego does hereby disapprove the Certified Survey Map to finalize a two-parcel division of the Heise property at W182 S8450 Racine Avenue in the SW 1/4 and SE 1/4 of Section 16 for reasons including, but not limited to, the following: 0 1. An adverse recommendation of the Plan Commission; and 2. Violation of Section 18.2.2 and 18.3.8 of the Muskego Land Common Council Minutes February 22, 1994 Page 3 3. 4. 5. 6. 7. Division Ordinance in that such a division would violate comprehensive plans; and applicable rules, laws, regulations, ordinances and Such a division would violate Muskego Ordinance 17.4.06(C) and (D) in that the non-conformity would be expanded and enlarged and result in a greater degree of non-conformity; and Such a division would violate Wisconsin Statute Section 66,23(7)(h) in that it would create a greater degree of non-conformity; and A greater degree of non-conformity would be created in that the present RS-2 zoning of the entire parcel would allow for 30 residential units and if said division were allowed, the parcel residential units and there already exists on the parcel 32 containing the multiple family dwellings would be to a greater degree non-conforming and the density would be greatly RS-2 zoning which would create even a greater degree of increased and the vacant parcel could be developed under the non-conformity; and Such a division would violate Muskego Ordinance 17.4.07 and residence per lot and there has been no approval of a building 17.8.10(A) in that there would be more than one principal site or operational plan by the Plan Commission to allow any apartment building; and Section 18.6.1 requires a certified survey map to meet design standards set forth in Section 18.7.0 and improvements set forth in Section 18.8.0 and the certified survey map does not meet those standards. Misko seconded. Carried 7-0. Reso. #30-94, as amended, adopted to disapprove 7-0. NEW BUSINESS Reso. #36-94 - Recognition of 25 Years of Service - Lt. Gifford - Muskego Police Department. Patterson moved for adoption. Dumke seconded. Resolution was presented to Lt. Gifford. Carried 7-0. Reso. #37-94 - Approval of Certified Survey Map - Norgal, Lyman Carried 7-0. & Chrapla. Taube moved for adoption. Schneider seconded. Reso. #38-94 - Designating 1993 Unexpended Capital Project Funds to be Carried Over Into 1994. Sanders moved for adoption. Dumke seconded. Carried 7-0. Reso. #39-94 - Amendments to 1993 Budget. Misko moved for adoption. Dumke seconded. Carried 7-0. Reso. #40-94 - Award of Bid - McShane Road Lift Station. Sanders moved for adoption. Misko seconded. Attorney Molter were not submitted within the time stated on the bid documents. He stated that attorney review was done as prequalification statements did say, however, that the bid specifications also state that failure to submit the questionnaire "may" be cause for rejection. He believes that the submittal of the statement a few days late did not affect the actual bid and the award is a policy decision that Common Council Minutes February 22, 1994 Page 4 the Council can make. Taube opposes because contractor submitted forms late. This could set a precedent. Mr. Herman, of B. H. Barg Electric, was present. Mayor requested that he be allowed to 0 speak. There was no opposition. Mr. Herman stated that he was present to dispute the award of bid to Venture Electric because the prequalification statements were submitted late. Carried 6-1 with Taube casting the "no" vote. Courts. Misko moved for adoption. Woodard seconded. Taube Reso. #41-94 - Acceptance of Land - Freedom Square Tennis questioned the cost to the City for needed repairs. Carried 7-0. Reso. #42-94 - Disallowance of the Claim of Norman Miller for a Recovery of an Unlawful Tax Under Section 74.35, Wisconsin Statutes. Patterson moved for adoption. Dumke seconded. Carried 7-0. Reso. #43-94 - Approval of Final Plat, Subdivider's Agreement and Letter of Credit - Plum Creek East Subdivision. Taube moved in the fourth WHEREAS change "as attached" to "as amended by the for adoption. Sanders seconded. Mikso moved to amend as follows: Finance Committee and subject to approval of Attorney William Guis" and in the BE IT FURTHER RESOLVED change "as attached, is hereby approved subject to the approval of the City Attorney" to "as amended by the Finance Committee, is hereby approved subject to approval of Attorney William Guis . . .'I Woodard seconded, carried. Resolution #43-94, as amended, adopted 7-0. Reso. 844-94 - Approval of Agreement with Wis. DOT for Highway L a Extension-Muskego Recreational Trail Project and Authorizing the Expenditure of Park Dedication Funds. Woodard moved for adoption. Sanders seconded. Carried 7-0. Departments. (Deputy Building Inspector and Priority Lakes Reso. #45-94 - Creation of New Positions - Bldg. & Planning Watershed Grant Administrator/Deputy Erosion Control Inspector). Patterson moved for adoption. Sanders seconded. Carried 7-0. Reso. #46-94 - Acceptance of Quotes - Tank Removal - Parks Headquarters Site. Woodard moved for adoption. Misko seconded. Carried 6-0 with Patterson abstaining due to conflict of interest. Muskego from RS-2 to RS-2/0PD (Plum Creek Addition No. 1 Ord. #E31 - An Ordinance to Amend the Zoning Map of the City of Subdivision). First Reading. LICENSE APPROVAL Patterson moved for approval of Operator's License for Jeff Dietzler. Misko seconded, carried. Patterson moved for disapproval of Operator's License for Johnathan Smith due to his recent conviction and admission of possession of a 1 controlled substance, revocation of dirver's license, driving after Common Council Minutes February 22, 1994 Page 5 revocation, and arrest for nonpayment of fines which showed a lack of responsibility in regards to following the law. Misko seconded. Carried 7-0. VOUCHER APPROVAL Patterson moved for approval of General Vouchers in the amount of $394,564.63. Dumke seconded. Carried 7-0. Patterson moved for approval of Tax Refund Vouchers in the amount of $5,064.59 and $5,294,675.85. Dumke seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in the amount of $879,514.88. Woodard seconded. Carried 7-0. 0 CITY OFFICIALS’ REPORTS Clerk reported a petition was received from Senior Citizens Housing Development to rezone property located on Woods Road and Racine Avenue from RS-3 to RSM. Public Hearing to be held March 22 at amend Chapter 14, Section 1.5 (2) to adopted a revised official 7:20 P.M. Clerk also received a petition from Paul De Angelis to Public Hearing to be held March 22 at 7:25 P.M. floodplain map for property located on Gold Drive. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW to be held March 8 regarding “Cowtown. ‘I Time to be announced. Patterson reminded everyone about the informational public hearing Taube moved to adjourn at 10:25 P.M. Sanders seconded, carried. Minutes taken and transcribed by Jill Blenski. Respectfully submitted, an K. Marenda, CMC 0 ~ .~ ~- ~ ~- - .. . .- - ” ” .” . . NOTE €OR VOUCHER APPROVAL RE TAX RE€UND VOUCHERS : The $5,064.59 was disbursed for refund checks. The $5,294,675.85 amount was for payments made by the City to the other taxing entities.