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CM071498 COMMON COUNCIL - CITY OF MUSKEGO Approved-7/28/98 MINUTES OF MEETING HELD JULY 14, 1998 The meeting was called to order at 9:20 p.m. by Mayor De Angelis. Also present were Aldermen Slocomb, Chiaverotti, Patterson, Pionek, Salentine, Sanders, and Woodard, City Attorney Molter, and Deputy Clerk Blenski. The deputy clerk stated the meeting was noticed in accordance with the Open Meeting Law on 7/10/98. Slocomb moved for approval of the minutes of 6/23/98. Salentine seconded; motion carried. The deputy Clerk read the notice of closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor announced the members of the Interview Committee for the Selection of the City Engineer/Building Inspector position were: Mayor, Ald. Slocomb, Tom Ludwig and Louis Lehman. The Lakes Project Coordinator position has been filled with the candidate to start on August 10. The Mayor stated that a summons was served notifying the City that a lawsuit was filed by Lake Forest Multi-Family Development. He also noted that a portion of North Cape Road is closed to traffic and there have been problems with people cutting through the road. The Police Department will strictly enforce the area. Reso. #122-98 - Resolution as to Requesting Jurisdiction of Parkland Mall Property. Salentine moved for adoption. Slocomb seconded. The Mayor stated that as the State of Wisconsin has not been able to achieve compliance relating to the property, the procedure is to turn it over to the district attorney. The district attorney does not typically prosecute such cases and then turns them over to the attorney general’s office with prosecution taking several years. It is his understanding that once that process begins, the City could not request jurisdiction of the property. Sanders stated he was not able to review the material submitted by the owners. The Mayor noted the City just received it this afternoon. Attorney Molter stated his firm would have a conflict of interest and the City would need to obtain special counsel if it accepted jurisdictional responsibility of the property. Slocomb requested privilege of the floor for Peter Lentz to address the Council. There were no objections. Mr. Lentz requested that the Council put aside the history of the property and look to the future. He is concerned about the emphasis on the demolition of the mall. It is not enough to just tear the building down. How will we benefit if all that is left is a blighted void once the mall is demolished? He urged the members to do all things possible to join together to build something we can all be proud of in the future. It is counterproductive to talk about jurisdiction if the purpose is to wreck the building. The Mayor stated that the sole purpose of the resolution is not to tear the building down; compliance and redevelopment are the City’s goals. We should look at redevelopment but there are limits. The Mayor noted that a TIF proposal was submitted today and it should be reviewed. However, the process is lengthy. Patterson requested privilege of the floor Common Council Minutes Page 2 July 14, 1998 for Attorney Elizabeth Adelman who represents Parkland Venture. There were no objections. She stated this matter directly affects her clients and noted she provided written correspondence to the Council. She acknowledged some delays have occurred. Activity has taken place that has not necessarily been seen. There is one remaining tenant in the building which has caused difficulties. Attorney Adelman stated that a proposed site plan and TIF proposal have been submitted which indicate movement. The timing of this resolution will hurt her clients. She requests a delay in time. The Mayor asked what difference it makes to her clients who holds jurisdiction; the goals of the City and State are the same. However, the State process will take much longer. Attorney Adleman stated the City has the ability to raze the structure, and the State does not. It is her clients’ goal to raze the structure. If the City does condemn and raze the structure, her clients’ ability to use tax incremental financing would be diminished. The Mayor stated the City’s actions and her clients’ can go hand in hand. She stated holding off on this could benefit everyone including the City. There is a lot the City would have to do, such as hire alternate counsel and consultants. Slocomb asked her how long of a delay was being requested. She stated the last tenant had to be removed. She requested time to consult with one of her clients, who was present at the meeting. Salentine stated the City needs to get control back of the building before it goes to the attorney general so it does not sit for a long time. It does not mean we cannot work with the developer. Attorney Adelman asked that the City give the TIF proposal a chance to get started before making a decision on jurisdiction. The Mayor stated our opportunity to gain control back may be lost. Patterson also agreed that the City should proceed to obtain authority over the property and then work with the developer. Chiaverotti agreed and stated she was speaking on behalf of many of her constituents. Salentine called for the question. The City Attorney stated that if the building is razed, it will probably be a costly venture. The Mayor noted the costs become an encumbrance on the property. Sanders objected to the call for the question. Motion failed 4-3 with Slocomb, Chiaverotti, Pionek, and Salentine voting “yes” and Patterson, Sanders, and Woodard voting “no.” Sanders stated it is good to see movement and he supports the City working with the developer. Reso. #122-98 adopted 7-0. Reso. #123-98 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road-Right-of-Way in the City of Muskego, Wisconsin - Holtz. Salentine moved for adoption. Slocomb seconded. Salentine provided background stating that the Plan Commission required that the right-of-way be vacated as a condition of recommending approval for a certified survey map for the Holtz property. Motion carried 7-0. Reso. #124-98 - Approval of Certified Survey Map - Holtz. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #125-98 - Approval of Certified Survey Map - Erwin Trust, Town of Norway. Salentine moved for adoption. Chiaverotti seconded. Motion carried 7-0. Reso. #126-98 - Approval of Certified Survey Map - DeBack, Town of Norway. Salentine moved for adoption. Woodard seconded. Motion carried 7-0. Common Council Minutes Page 3 July 14, 1998 Reso. #127-98 - Approval of Certified Survey Map - DeBack, Town of Norway. Salentine moved for adoption. Chiaverotti seconded. Motion carried 7-0. Reso. #128-98- Approval of Certified Survey Map - Hoeft. Salentine moved for adoption. Slocomb seconded. Motion carried 7-0. Reso. #130-98 - Resolution Indicating the City’s Present Intent to Approve the Concept of B-3/RSM/OPD - Dreamland Investors, LLC. Salentine moved for adoption. Chiaverotti seconded. Slocomb moved to amend to add “Plan Commission and Common Council requirements pertaining to planned unit developments” following “all requirements of the City’s ordinances” in the third WHEREAS and NOW, THEREFORE, BE IT RESOLVED paragraphs Salentine seconded. Motion carried with Pionek casting a “no” voice vote. Pionek stated this is adding another downtown area; we still need to do a lot to the present downtown area. He stated the RSE zoning should remain. He would rather see a subdivision which would allow fewer living units. He opposes as do the people in his district. Pionek stated the senior housing is acceptable. Motion carried 5 - 2 with Patterson and Pionek casting the “no” votes. Ord. #965 - An Ordinance to Amend the Zoning Map of the City of Muskego - EA to A (Badertscher). First Reading. Salentine moved to suspend rules to allow for second reading at this meeting to move this forward more quickly. She stated that the Plan Commission did not have a problem with the A zoning although staff recommended RCE. Slocomb seconded; motion carried. Second Reading. Salentine moved for adoption. Sanders seconded. Mr. Sadowski stated staff opposed the certified survey map due to the configuration of the lot and the A zoning. A recommendation by the Plan Commission regarding the rezoning was to be given at the 7/21/98 meeting. Reso. #129-98 - Approval of Agreement between the City of Muskego and Toki & Associates for Architectural Services for Kurth Park. Patterson moved for adoption. Woodard seconded. Motion carried 7-0. Reso. #115-98 - A Resolution Supporting the Protection of Local Control of Zoning Related to the Fair Housing Act, on the floor, deferred 6/23/98. Salentine moved to amend the resolution as revised by the Committee of the Whole. Patterson seconded; motion carried. Reso. #115-98, as amended, adopted 7-0. Ord. #964 - An Ordinance to Amend Chapter 28, Section 28.05(2)(a) and Section 28.05(4)(c) of the Municipal Code of the City of Muskego. Second Reading. Slocomb moved for adoption. Salentine seconded. Motion carried 7-0. City Attorney Molter was dismissed at 10:34 p.m. COMMITTEE REPORTS The 6/25/98 Committee of the Whole minutes were presented. Slocomb moved for acceptance of the 7/14/98 Finance Committee minutes. Salentine seconded; motion carried. Common Council Minutes Page 4 July 14, 1998 Pionek moved for acceptance of the 6/22/98 and 7/1/98 Public Works Committee minutes. Salentine seconded. Pionek requested the second last paragraph (parking lot) of the 7/1/98 minutes be corrected to indicate that Chiaverotti seconded the motion and it carried unanimously. Motion to accept the minutes as corrected carried. Patterson moved for acceptance of the 7/6/98 Public Services Committee minutes. Woodard seconded. Mayor asked why the committee deferred action to establish the 1999 refuse/recycling rate. Patterson responded a full committee was not present. Minutes of the 7/7/98 Plan Commission meeting were received and placed on file. Reso. #119-98 - Award of Bid - Well No. 2 Pump Replacement. Slocomb moved for reconsideration. Chiaverotti seconded; motion carried. Sanders moved to amend resolution to accept the low bid of Municipal Well & Pump in the amount of $30,789 (instead of the total of $60,949). Slocomb seconded; motion carried. Reso. #119-98, as amended, adopted 7-0. Ord. #963 - An Ordinance to Amend the Zoning Map of the City of Muskego (B-2 to B- 2/OIP - Muskego Public Library). Second Reading. Salentine moved for adoption. Chiaverotti seconded. Motion carried 7-0. Reso. #131-98 - Appointment of Citizen Members to Superior Emerald Park Siting Committee. Removed from agenda. LICENSES Slocomb moved to approve renewal of Operators’ License for Karen Lewis subject to a six-month and one-year review. Salentine seconded; motion carried. Slocomb moved for approval of Waterway Marker permit for Muskego Shore Community Association. Sanders seconded; motion carried. Slocomb moved for Salvage and Recycling Permits for Kohne Salvage and Glockner Salvage. Patterson seconded; motion carried. VOUCHER APPROVAL Slocomb moved for approval of General Vouchers in the amount of $646,875.36. Salentine seconded. Carried 7-0. Slocomb moved for approval of Tax Checks in the amount of $1,367.62. Sanders seconded. Carried 7-0. Sanders moved for approval of Utility Vouchers in amount of $188,725.73. Woodard seconded. Carried . CITY OFFICIALS’ REPORTS The deputy clerk stated a public hearing will be held at 7:25 p.m. on 7/28/98 to consider amendments to Chapter 17, the City’s Zoning Ordinance, regarding building height and time restrictions for Plan Commission. A public hearing will also be held at 7:25 p.m. on 8/11/98 to consider the petition of Bill Seno to rezone property in the NW ¼ of Section 21 (Woods and Racine) from B-1 to RSM/OIP. Common Council Minutes Page 5 July 14, 1998 Chiaverotti moved to convene into closed session pursuant to §19.85(1)(c) Considering employment, promotion, compensation, or performance evaluation data of any public employe over which the governmental body has jurisdiction or exercises responsibility, more specifically employee compensation and classification study. Salentine seconded. Motion carried 7-0. The deputy clerk was not present for closed session. Slocomb moved to convene into open session. Patterson seconded. Motion carried 7- 0. Sanders moved to adjourn at 11:01 p.m. Chiaverotti seconded, carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk