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CCM20060110 COMMON COUNCIL - CITY OF MUSKEGO Approved on 1/24/06 MINUTES OF MEETING HELD JANUARY 10, 2006 The meeting was called to order at 7:30 PM by Mayor Damaske. Present were Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City Attorney Molter, City Administrator Sheiffer, Plan Director Muenkel, and Clerk-Treasurer Moyer. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 1/6/2006. PUBLIC HEARING The Clerk read the public hearing notice to consider the petition of Burke Homes to rezone property on Loomis Road from A Agricultural, RSM Multiple Family Residence and B-4 Highway Business to RSM/OPD Multiple Family Residence with a Planned Development Overlay District for the purpose of developing a future multifamily condominium project known as Muirfield Village. Mr. Muenkel stated the parcel of land totals approximately 38 acres and is located on the north side of Highway 36 along the eastern side of the Muskego Lakes Country Club entrance. The proposal to RSM/OPD is to allow a new multiple family condominium development known as Muirfield Village. The OPD would allow building locations in miscellaneous locations throughout the 38 acres with final OPD allowances made at the time of the final condominium plat approval. The developer proposes 160 units consisting of ten four-plex structures, 17 six-plex structures and nine duplex structures along with a commons building. The petition would not require an amendment to the 2010 Comprehensive Plan as the plan already reflects the area as being reserved for multifamily uses consistent with RSM zoning. The plan further depicts the area to have a density of 4.5 to 8.0 dwelling units per acre. The conceptual proposal shows only 4.3 dwelling units per acre. Mr. Muenkel noted that there are a few issues that the Council and Plan Commission want to see addressed. They are traffic implications along Highway 36 and how the effects of a new storm water, sewer and water development will be handled. These issues will be addressed by staff at the upcoming Public Utilities Committee meeting on January 16 and Public Works Committee meeting on January 23. Mr. Muenkel stated that the RSM zoning has been in place for a considerable amount of time. Ald. Madden asked what could potentially go in the existing B-4 zoning. Mr. Muenkel replied B-4 is the most intensive commercial district. The B-4 district would generally allow hotels or motels down to office or retail establishments. Ald. Buckmaster stated that if the B-4 portion is rezoned perhaps the B-4 across the street should be rezoned if that is our concept. Mr. Muenkel stated the Council has the directive to rezone any area in the City. Ald. Madden did not agree that the City should just tell whoever owns that property that the zoning should be changed. Ald. Buckmaster stated the issue is if we buy into a philosophy of residential development along a state highway why would we allow B-4 directly across the street. Darryl Morin, S97 W13098 Champions Drive, stated he was president of the Champions Village Homeowners’ Association. The association has three commitments: 1) maintain the property values in the area; 2) make sure it stays a friendly and safe environment; 3) work as an association to make Muskego a better place to live. One Common Council Minutes Page 2 January 10, 2006 concern is that there is still work to be done to complete Champions Village. If this development does take place, it needs to be high end. Another concern is that there is only one road access for the proposed 160 units. The association does not want to see an excess of traffic come through its subdivision. Drainage is also a concern and still an outstanding issue for Champions Village. Another concern is that there is adequate water supply and pressure in the area. Lastly, the association does not want to see a negative impact on the environment in the area. Mr. Morin asked if there was a demand right now that significantly justifies the density? Jack Shepherd, 600 North 108 Place, Wauwatosa, WI, stated he was an architect for the proposed development. People need housing and there is a desire for carefree housing. We are seeing fewer single family homes today. The plans for this development are attractive, sensitive and of good quality. They provide all of the things you would look for in a single-family home. Multifamily is a word that will become more and more a part of our vocabulary. In order to preserve the open spaces, it is important to use intelligently the spaces that can be built on. The cost of operating a community goes up each year and the way to pay for that is quality development. The use of developable properties is an intelligent use and the important thing is to use the land well and to its maximum potential. Mike Cowling, W130 S9571 Jimmy Demaret Drive, stated he agreed with the concerns already noted. He wants Burke to finalize Champions Village first before starting another development. He also expressed his concern about potential traffic problems with the development only having one road access. He believes the DNR should review the proposed site. Stephen Van Goethem, S97 W13172 Champions Drive, stated the biggest concern was not the multifamily zoning but the proposed density. He asked the Council members to take the blueprint for what is proposed and look at the area. Mr. Goethem stated the concern is that the density will have a negative impact on the quality of life for everyone. Brian Green, S98 W13352 Champions Drive, stated he is against the rezoning. He prefers business zoning that could possibly allow a restaurant or petroleum station to the proposed multifamily development. Skip Bartes, S98 W12878 Loomis Drive, stated he does not like the density proposed for the project. Muskego is a bedroom community and that means its citizens do not take interest in the community. What is proposed is in contrast to the aesthetics of the City. Multiple housing means more area is paved. Where will all the water go? Another problem is police protection and this area is not as well protected. He also expressed concern about the existing traffic and the danger of having only one entrance to the proposed development. The plan is not acceptable. Jill Koebernik, S97 W13468 Lloyd Mangrum Court, stated she agrees with what was already said. Her concern is the integrity of the intent of what the plans will be. Promises were made for certain planning stages of her subdivision. They changed along the way. How can you guarantee that the planned proposal remains consistent? In Champions Village, the plan changed numerous times. She would like the City to watch carefully the intent of what is proposed and what eventually it comes down to. Common Council Minutes Page 3 January 10, 2006 Jeff Arbinger, S99 W13381 Loomis Drive, stated he has seen this area changed dramatically. His concern is with his well and how the water table will be affected by the new development. In addition, if the units do not sell, what will prevent the plan from being downgraded. The traffic is another concern. There are also drainage issues. Sandy Jakob, S97 W12999 Champions Drive, stated she is concerned about the traffic and the value of the homes. Her primary concern is drainage as there are existing problems now that have to be addressed before any new development takes place. Skip Bartes, Loomis Drive, stated Hwy. 36 was built on a swamp. Every year the highway is sinking. The storm sewer along side of it is sinking, too. That is a contributory factor to the drainage. As there were no further comments, the Mayor declared the hearing closed. CONSENT AGENDA Schroeder moved to approve the Consent Agenda. Salentine seconded. Motion carried 7-0. Approval of Common Council Minutes of 12/13/2005 as corrected Acceptance of Special Public Utilities Committee Report - 12/13/2005 Review of Parks and Recreation Board Meeting held 12/12/2005 and Mayor’s Task Force on Janesville Road Reconstruction Meeting held 12/14/2005. Approval of General Vouchers in the amount of $567,210.40, Utility Vouchers in the amount of $12,683.42 and Tax Checks in the amount of $228,625.41. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor reported that he received word from CGI that 30 banners have been sold. Reso. #004-2006 - Recognition of Charlene Lenzen for Her Retirement from Muskego Public Library. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. OLD BUSINESS Reso. #246-2005 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego (Crest Drive). On the floor, deferred 12/13/2005. Buckmaster moved to defer until the Public Works Committee takes action. Borgman seconded; motion carried. Ord. #1207 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke Homes - A, RSM and B-4 to RSM/OPD). Second Reading. Buckmaster moved for adoption. Salentine seconded. Buckmaster asked why we wouldn’t look to apply the same concept to the abutting area if we agree with this rezoning. Madden stated the Common Council Minutes Page 4 January 10, 2006 B-4 zoning is based on the fact that there are two landfills and businesses already in the area. The thought was to expand the businesses in the area. Highway 36 creates a separation between the Champions Village side and the business section. Buckmaster also has an issue with the OPD and allowing greater density. There is nothing in this case that merits the OPD. Mr. Muenkel stated that the developer is not asking for greater density. The OPD can help with flexibility regarding the height of buildings and offsets and setbacks. The density is actually more in line with the RSA zoning requirements than the RSM. Buckmaster stated he has not heard an argument to incline him to vote for the rezoning. Buckmaster moved to defer. Madden seconded; motion carried. Mr. Muenkel was dismissed. Ord. #1208 - An Ordinance to Amend Chapter 2, Section 2.09(3), of the Municipal Code of the City of Muskego (Committee of the Whole). Second Reading. Salentine moved for adoption. Schroeder seconded. Mayor Damaske explained that this ordinance should be defeated as it will be replaced by Ord. #1209. Motion defeated 7-0. NEW BUSINESS Reso. #001-2006 - Resolution Approving Submitting the Below Stated Question to an Advisory Referendum at the April 4, 2006 Spring Election. Salentine moved for adoption. Borgman seconded. It was noted that Atty. Molter drafted the resolution. Patterson asked why language was not included regarding the City’s hiring of an administrator. He felt this was important information for people to have. Atty. Molter stated he did take that into consideration. Through his research, he concluded that you can only ask the question; you cannot editorialize. He did confer with the State Elections Board and they agreed. He also spoke with George Dunst, the attorney for the State Elections Board, and he concurred. Mayor Damaske wanted to clarify that he did not “tinker” with the resolution as reported in the Milwaukee Journal/Sentinel. Schroeder explained why he did not want to sponsor the new resolution. He did not author it and the question is different from what he proposed. Melcher expressed concern about putting resolution language together when there isn’t a discussion forum currently available to do so. Buckmaster stated the Committee process should be used. He expressed concern that the original resolution was drafted by a majority of the Council members. Schroeder stated he did ask the other six aldermen if they were interested in sponsoring an issue that had been discussed for over a year and a half. Schroeder stated the issue of timing for the referendum also needs to be discussed. Buckmaster does not understand the rationale for doing it right now. We have not proven that the administrator position is how we want to proceed. Salentine believes the referendum should be at the April election because it will take the next year and a half to work through everything else. Patterson stated that having the referendum in April will give the Council a sense of what the constituents want and the direction we should take. Patterson suggested language be included to inform people that this would be for the next elected Mayor. Madden stated the question was basic and it was to provide general information from the public. Leave it alone and move forward. Salentine agreed. Motion carried 7-0. Reso. #002-2006 - Approval of Cooperative Agreement Between the City of Muskego and Waukesha County Department of Senior Services. Salentine moved for adoption. Madden seconded. Motion carried 7-0. Common Council Minutes Page 5 January 10, 2006 Reso. #003-2006 - Resolution Establishing Guidelines for Committee of the Whole. Salentine moved for adoption. Melcher seconded. Melcher expressed concern about five being a quorum especially at budget time. Madden supports the quorum being five. Budget time is important and we need to make a better effort to be at those meetings. Salentine agreed. Schroeder asked if all requested items would be placed on either the Committee of the Whole agenda or another committee agenda? The Mayor responded yes as determined by the City Administrator. Melcher suggested including a timeline for debate on certain items. The Mayor noted that unofficially the Committee of the Whole has a 10:00 PM end time. Melcher does not want to see some of the last agenda items only being able to be discussed for a few minutes while others are discussed for hours. Patterson did not agree with setting time limits for items. The number of items that will be on an agenda has been reduced, which should help. Buckmaster stated there is some validity to setting time limits as long as you communicate the procedures. Motion carried 7-0. Ord. #1209 - An Ordinance to Amend Chapter 2, Section 2.09(3), of the Municipal Code of the City of Muskego (Committee of the Whole). First Reading. Buckmaster moved to suspend the rules for Ord. #1209 to have a second reading. Salentine seconded. Patterson objected. He believes the issue can wait. Motion carried 6 in favor and Patterson voting no. Ord. #1209. Second Reading. Buckmaster moved for adoption. Salentine seconded. Motion carried 6 in favor and Patterson voting no. LICENSES Melcher moved for approval of the regular operators’ licenses reviewed at the 1/10/2006 Finance Committee. Salentine seconded. Motion carried 7-0. Licenses for the following were approved: Amanda Mack, Jacquelyn Corso, Anna Marie Stikl, Joshua Tjelmeland, William Faber, John Orlando, Shirley Knight and Lori Tapp. Melcher moved to approve a six-month “Class A” Liquor and Beer License for Robert White, agent (Muskego Lakes Enterprises, LLC) d/b/a Muskego Lakes Subs and Liquor. Salentine seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Melcher submitted several resolutions for the next Council agenda. Salentine 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 labor union negotiations. Madden seconded. Motion carried 7-0. The Clerk and City Attorney were not present for closed session. Borgman moved to reconvene into open session. Buckmaster seconded. Motion carried 7-0. ADJOURNMENT Buckmaster moved to adjourn at 10:25 PM. Patterson seconded; motion carried. Common Council Minutes Page 6 January 10, 2006 (Minutes transcribed by J. Blenski.) Respectfully submitted, Janice Moyer CMC, CMTW Clerk-Treasurer