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CCM20050927 COMMON COUNCIL - CITY OF MUSKEGO Approved MINUTES OF MEETING HELD SEPTEMBER 27, 2005 Audio Available Mayor Damaske called the meeting to order at 7:30 PM. Also present were Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City Attorney Molter, and Clerk-Treasurer Moyer. Those present recited the Pledge of Allegiance. STATEMENT OF PUBLIC NOTICE The Mayor stated the meeting was noticed in accordance with the open meeting law. APPROVAL OF MINUTES Motion by Alderman Salentine, second by Alderman Melcher to approve the 9/13/2005, and 9/15/2005, minutes. Motion carried. NOTICE OF CLOSED SESSION The Clerk-Treasurer read the two Notices of Closed Session. She noted that the Common Council would convene into closed session following Approval of Minutes and then reconvene into open session. Alderman Buckmaster asked to take Old Business items, Ordinance #1199, #1200, and #1201 before the closed sessions. There were no objections noted by the Common Council. OLD BUSINESS Ordinance No. 1199 - An Ordinance to Amend the Zoning Map of the City of Muskego (Borchardt - RS-2, RSA and RSA/OIP to RS-2, RSA and RSA/OIP). On the floor, deferred 9/13/2005. The Plan Commission and Plan Department recommended approval of the rezoning request. The following comments were noted: Alderman Borgman stated that he had received a letter from the Chamberlain Hills Homeowner’s Association accusing him of a conflict of interest because of his membership with Atonement Lutheran Church. Alderman Borgman stated that his membership with Atonement Lutheran Church has never affected his judgment concerning this matter. But, in the best interest of the Common Council, he would recuse himself from voting on Ordinance #1199. Alderman Buckmaster noted that Plan Commission did recommend approval of the rezoning. He did not vote in the affirmative for the recommendation to approve. A part of the decision on zoning changes does come from the surrounding residents, and as to how they feel it would affect the community as a whole. He asked the Alderman to take that into consideration when considering the rezoning request. Alderman Buckmaster will vote no because of the lines that were drawn were not done in an arbitrary fashion. They were drawn after considerable discussion. They were based on a proposed density that was thought to fit the area at the time, and over a year of informational sessions before the Common Council and District 2 and 3 residents. An agreement was made, he feels that the lines should not be changed because a developer doesn’t choose to fit the development within the lines. He feels the lines should stay as is. Alderman Schroeder stated that he is uneasy with this request because of the decisions that were made years ago regarding the Moorland corridor, and a verbal agreement given to the residents as to what the future would be for the area they live in. He has studied the information received by the Plan Commission, and it seems to be satisfactory. He is concerned that if this rezoning is not approved, that a plan with more density may be brought forward for the RSM area. Mr. Borchardt, as the property owner, has this option; and Alderman Schroeder would not look down on that decision based on a no vote for this proposed rezoning request. He will vote no, because a commitment was made to Chamberlain Hills when the lines were agreed upon. Common Council Minutes Page 2 September 27, 2005 Alderman Madden will vote no. She feels a commitment was made when the lines were drawn and that the commitment should be honored. Alderman Salentine will vote no. She feels the Common Council should honor the commitment made to the residents when the lines were drawn. A roll vote was taken on Ordinance #1199. Motion failed to adopt Ordinance No. 1199 on a 2-4-1 vote, with Aldermen Melcher and Patterson voting yes. Aldermen Madden, Schroeder, Salentine, and Buckmaster voting no. Alderman Borgman abstained from voting. Ordinance No. 1200 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (Edgewood Contractors - A to RSM). On the floor, deferred 9/13/2005. Alderman Buckmaster reported that Plan Commission gave a negative recommendation for this rezoning request. Plan Commission reasons for the negative recommendation are that the area for the proposed zoning does not fit the existing area and that it is contrary to the Comprehensive Plan and surrounding areas. The Plan Commission felt that it is not the plan or development but the placement of it that makes it contrary to the Comprehensive Plan. The following comments were noted: Alderman Buckmaster will vote no. He is in agreement with the Plan Commission’s comments. Alderman Patterson has reviewed the plan and discussed it with the developer. He has concerns with multi-family in this area of the City. He intends to vote no. Alderman Madden feels that area needs to be rural. She feels condominiums in that area do not fit in that area. She will vote no. Alderman Salentine agrees with Aldermen Patterson and Madden’s comments. She feels it is not the place for heavy multi-family. Alderman Borgman feels area needs to stay rural. This development is a bad fit for the area. Alderman Schroeder noted the following comments made at the Plan Commission’s meeting. The petitioner’s attorney feels that this would add excellent tax base to the business community in the area would also be in favor of the development. The Plan Staff felt that the RSM zoning district is too intense for the area and the request does not meet the intensions of the City’s Comprehensive Plan. The Plan staff recommended denial. The Plan Commission concerns were zoning and uses of nearby property does not appear to be compatible with the proposed use of this property with high-density development. Due to the proximity of the subject property on Hillendale and the dangers associated with potential traffic issues, the subject property is not suitable for high-density development residential development. The Plan Commission did not see evidence that would say that if they were not provided the RSM zoning that there would be no viable use of the property. Without the relative gain to public health, safety, and welfare and be denying or approving the rezoning, what is the hardship to the petitioner greater than the public safety concerns, welfare, and character of the area that we are trying to establish. After the public hearing was held, Alderman Schroeder received responses against the rezoning request from Mr. and Mrs. Larry Fischer, Jim Pawley, Thaddeus Bootlick, Vern and Russell Moeller, and David Davis. The August 9 Public Hearing minutes noted that the petitioner’s attorney did state that the proposed condominiums would be in the price range of $150,000 to $350,000. The most current information in the meeting packet is a price range of $200,000 to $250,000. The number of school age children from this development, with this price range, could erase any revenue realized by the school district at a cost of $10,000 per student. Common Council Minutes Page 3 September 27, 2005 A roll vote was taken on Ordinance No. 1200. Motion failed to adopt Ordinance No. 1200 on a 0-7 vote. Alderman Melcher stated that the feeling of the community as Alderman Schroeder expressed, and surrounding area, and looking at the value of country estates in that area would be very beneficial, and the traffic flow problem that District 5 residents raised. For those reasons he voted no. Ordinance No. 1201 – An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (Loughery – A to RCE/COPD). Second Reading. Motion by Alderman Buckmaster, second by Alderman Madden to adopt Ordinance No. 1201 as amended by the Plan Commission. Alderman Schroeder stated that he is concerned about two issues, storm water and architectural control. He asked the Plan Commission and Public Works Committee to address his concerns and to have the conservation subdivision requirements reviewed and made more stringent. On a roll call vote, the motion passed 7-0. CLOSED SESSION NO. 1 AND 2 Closed Session No. 1 - Motion by Alderman Melcher, second by Alderman Salentine to go into closed session pursuant to 19.85 (1)(g) Wis. Stats., 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 Separation Agreement and Release for Laura Becker. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. On a roll call vote, the motion passed 7-0. Closed Session No. 2 – Motion by Alderman Buckmaster, second by Alderman Salentine to go into closed session pursuant to 19.85 (1)(c) Wis. Stats., Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically to filling position of City Administrator. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. On a roll call vote, the motion passed 7-0. The Clerk-Treasurer and City Attorney were excused from the closed session that began at 8:05 PM. Motion by Alderman Salentine, second by Alderman Borgman to return to open session. Motion carried. Open session resumed at 9:00 PM. COMMUNICATION FROM THE MAYOR’S OFFICE The Mayor noted that the official dedication of the 13 Wohlust paintings at the Library will be on October 22 at 1:00 PM. He invited the Aldermen to attend. ACCEPTANCE AND REVIEW OF COMMITTEE REPORTS Motion by Alderman Salentine, second by Alderman Melcher to accept the 9/21/2005 and 9/27/2005 Finance Committee minutes. Motion carried. Motion by Alderman Schroeder, second by Alderman Madden to accept the 9/19/2005 Public Utilities Committee minutes. Motion carried. Minutes of the 9/20/2005 Plan Commission, 8/24/2005 Library Board, 9/12/2005 Park and Recreation Board, and 9/12/2005 Community Development Authority were received and placed on file. Alderman Buckmaster asked for a report from the Director of Building and Engineering regarding the status projects at Park Arthur and the Skate Park. Common Council Minutes Page 4 September 27, 2005 OLD BUSINESS Resolution No. 169-2005. A Resolution Amending, Describing and Making Certain Findings for Approving a Project Plan Amendment and Amended Boundaries for Tax Incremental District No. 8, City of Muskego, Wisconsin. Deferred 9/13/2005. Motion by Alderman Salentine, second by Alderman Madden to approve Resolution No. 169-2005. Phil Cosson from Ehlers and Associates gave a presentation regarding the amendment to TID No. 8 that is outlined in detail in the Boundary and Project Plan Amendment to Tax Incremental District No. 8 document. He made the following comments: TID No. 8 was created in 2000 under the blight eliminate statutes. The intent at that time was to assist with the Parkland Mall site and the surrounding area. Parkland Mall site is about fifty percent of the entire area of TID No.8. The City has incurred some expenses for the Freedom Square Storm Water Project that benefited Parkland Mall and some of the surrounding area. There is no pending development project for the Parkland Mall site at this time. The reason for amending the Project Plan is to add area that has already benefited from the Freedom Square Storm Water Project. The area added will generate sufficient increment to offset the existing debt. Parcels from the south and east of the existing boundary will be added that are currently in Redevelopment District No. 2. The proposed amendments would remove the Parkland Mall site and two adjacent single-family parcels. The Community Development Authority has discussed the rational for the amendments. The first reason being that the property owner of Parkland Mall has challenged the current commercial assessment to an agricultural classification. If the property owner is successful in changing the classification to agricultural, it would have a significant negative impact on the cash flow of TID No. 8 and the ability for TID No. 8 to ever achieve financial success. The cash flow of TID No. 8 has been affected by the delay in development of Parkland Mall, which had been planned for 2001 and 2002. The second reason being that the debt has to be retired within a certain time frame. As the development is delayed the ability for TID No. 8 to produce the increment required to pay off the debt is affected negatively and becomes more difficult. The third reason is that the amendment will not hurt the Parkland Mall site because it could be included in a new tax incremental district or be included in an amendment at a later time. If this is to happen a development agreement for this area may need to be in place before the this could be considered. The Joint Review Board has met to review the two amendments, one to remove area and the second to add area. The Community Development Authority is in agreement with the amendments and the decision to bring the amendments to the Common Council. The Boundary and Project Plan Amendment to Tax Incremental District No. 8 outlined six areas that would be added if the amendment is approved. Development in the amount of $14,000,000 over the next five years is planned to occur if the amendments are approved. The projected revenue from the additional value of $14,000,000 will be used to pay back existing debt and any new capital expenditures that may be need to help spur the development. With the amendments, the TID is anticipated to close in 2014. Aldermen made the following comments: Alderman Buckmaster, stated that he was not in favor of adding the commercial area under construction on the south side of Janesville Road identified as area # 4. He did not like the affect on the City’s tax base. He is not in favor of taking out an area of the TID because it did not develop, and then add properties or areas that will be removed from the tax base to support a failing TID. He also stated that some of these areas may develop on their own without any help from the TID, if so then the taxes are not realized until the TID is retired. Common Council Minutes Page 5 September 27, 2005 Alderman Schroeder, stated that he originally was in agreement with Alderman Buckmaster’s comments regarding area # 4. Because the construction is not complete, the tax revenue has not been realized or used to balance the budget. That has not happened yet, therefore he is not opposed to area # 4. The owner of the Parkland Mall site has appealed the decision of the Board of Review to Circuit Court, therefore he agrees with the amendment that removes this area from TID #8. The Parkland Mall property should be taken out to protect what may come in the future. Alderman Melcher asked if the plan for economic development is to just have strip malls on Janesville Road. Mr. Cosson stated that the Redevelopment District Plan # 2 was used as a basis for the information presented to the Community Development Authority and Joint Review Board. Alderman Salentine stated that the date for Common Council approval of the amendments is September 30, 2005, if the base value is to be changed effective January 1, 2005. Alderman Patterson asked about the expansion of St. Francis Bank. At this time St. Francis has expressed an interest in expanding, but would need to acquire land to do so. A roll vote was taken on Resolution No. 169-2005. Motion passed on a 6-1 vote, with Alderman Buckmaster voting no. Resolution No. 173-2005. Award of Bid – Idle Isle Park Shelter. On the floor, deferred 9/15/2005. Alderman Schroeder stated that he had concerns about the Water Bugs commitment to pay for $94,000 of the construction cost. Alderman Salentine felt the Park Board made a good decision, and whether the Water Bugs pay their portion or not, this improvement is needed. A roll vote was taken on Resolution No. 173-2005. Motion passed on a 6-1 vote, with Alderman Borgman voting no. NEW BUSINESS Resolution No. 175-2005, Approval of Settlement and Release Agreement between the City of Muskego and Laura Becker. Motion by Alderman Salentine, second by Alderman Madden to approve Resolution No. 175-2005. Motion by Alderman Patterson, second by Alderman Schroeder to defer. Motion carried to defer, but not unanimously. Resolution No. 176-2005, Resolution Confirming the Selection of City Administrator for the City of Muskego. Motion by Alderman Madden, second by Alderman Salentine to approve Resolution No. 176-2005. On a roll call vote, the motion passed 6-1 with Alderman Patterson voting no. Resolution No. 177-2005, Approval of Condominium Plat of Overlook Bay Apartments Building #6. Motion by Alderman Buckmaster, second by Alderman Melcher to approve Resolution No. 177-2005. On a roll call vote, the motion passed 7-0. Resolution No. 178-2005, Approval of Certified Survey Map-Markgraf. Motion by Alderman Buckmaster, second by Alderman Madden to approve Resolution No. 178-2005. On a roll call vote, the motion passed 7-0. Resolution No. 179-2005, Approval of Certified Survey Map-Slocomb. Motion by Alderman Buckmaster, second by Alderman Schroeder to approve Resolution No. 179-2005. On a roll call vote, the motion passed 7-0. Resolution No. 180-2005, Resolution Authorizing the Submittal of an Urban Wildlife Damage Abatement and Control (UWDAC) Grant Application. Motion by Alderman Melcher, second by Common Council Minutes Page 6 September 27, 2005 Alderman Salentine to approve Resolution No. 180-2005. On a roll call vote, the motion passed 7-0. Resolution No. 181-2005, Resolution as to Revocable Occupancy Permit – Nohelty. Motion by Alderman Borgman, second by Alderman Salentine to approve Resolution No. 181-2005. On a roll call vote, the motion passed 7-0. Resolution No. 182-2005, Approval of Certified Survey Map – Borchardt. Motion by Alderman Buckmaster, second by Alderman Salentine to approve Resolution No. 182-2005. On a roll call vote, the motion passed 7-0. Resolution No. 183-2005. Approval of Certified Survey Map, Subdivider’s Agreement and Letter of Credit Amount for Jewel Real Estate Consultants LLC. Motion by Alderman Salentine, second by Alderman Madden to approve Resolution No. 183-2005. On a roll call vote, the motion passed 7-0. Ordinance No. 1203. An Ordinance to Amend the Zoning Map of the City of Muskego (Miller - RS-2 to RS-3). First Reading. LICENSES Motion by Alderman Melcher, second by Alderman Salentine to approve new operator’s licenses for the following individuals. On a roll call vote, the motion passed 7-0. Linda Reinke Jean Boettcher James Brinks Stephanie Schuler Sara Korotka with 3,6,9 & 12 month review Amber Salla with 3,6,9 & 12 month review Motion by Alderman Melcher, second by Alderman Salentine to approve renewal operator’s licenses for the following individuals. On a roll call vote, the motion passed 7- 0. Lori Gilgenbach John Rath Motion by Alderman Melcher, second by Alderman Salentine to approval an Outside Dance Permit and amendment to the licensed premise for Vera Pires d/b/a Spitfires Food and Spirits for 10/1/2005. On a roll call vote, the motion passed 7-0. VOUCHER APPROVAL Motion by Alderman Melcher, second by Alderman Salentine to approve payment of General Vouchers in the amount of $477,708.46. On a roll call vote, the motion passed 7-0. Motion by Alderman Schroeder, second by Alderman Buckmaster to approve payment of Utility Vouchers in the amount of $$96,560.92. On a roll call vote, the motion passed 7-0. CITY OFFICIALS’ REPORT – none. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Alderman Melcher stated that he would be meeting with the Historical Society on Thursday evening. He asked that any questions or comments be e-mailed to him before the meeting. Motion by Alderman Schroeder, second by Alderman Buckmaster to reconsider Common Council Minutes Page 7 September 27, 2005 Resolution No. 173-2005, Award of Bid – Idle Isle Park Shelter. On a roll call vote, the motion passed 6-1 with Alderman Melcher voting no. Alderman Schroeder stated that he wanted the Resolution reconsidered because there is not a contract as to how the Water Bugs will repay their portion of the project, $94,000. Motion by Alderman Madden, second by Alderman Salentine to approve Resolution No. 173-2005. On a roll call vote, the motion passed 5-2 with Aldermen Borgman and Schroeder voting no. ADJOURNMENT Motion by Alderman Buckmaster, second by Alderman Patterson to adjourn. Motion carried. Meeting adjourned at 10:35 PM Respectfully submitted, Janice Moyer, CMC, CMTW City Clerk-Treasurer