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CCM20060124 COMMON COUNCIL - CITY OF MUSKEGO Approved 2/14/06 MINUTES OF MEETING HELD JANUARY 24, 2006 The meeting was called to order at 7:49 PM by Mayor Damaske. Present were Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City Attorney Molter, City Administrator Sheiffer, Plan Director Muenkel, Clerk-Treasurer Moyer and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Clerk-Treasurer stated the meeting was noticed in accordance with the open meeting law on 1/20/2006. The Mayor noted the Council would later convene into closed session. PUBLIC HEARING The Clerk read the public hearing notice to consider the petition of Baljit Dhillon to rezone property on Loomis Road (Tax Key No. 2293.996.001) from A Agriculture District to B-4 Highway Business District for the purpose of constructing a Gas Station/Convenience Store. Mr. Muenkel stated the Agricultural District requires parcels of 120,000 square feet and at least 300 feet in width. The B-4 District requires parcels of 30,000 square feet and 150 feet in width. The rezoning petition would not involve a 2010 Plan amendment as the plan currently depicts the parcel as having future commercial uses consistent with B-3 or B-4 zoning. The property is currently vacant. The petitioner wants to develop the land for a gas station/convenience center. The B-4 zoning would allow the proposed use as long as a Building, Site and Operation Plan and Condition Use Grant were approved by the Plan Commission. The three parcels at the intersection of Muskego Dam Drive and Loomis Drive are already zoned B-4. Buckmaster asked where the parcel was in relation to Champions Village. Mr. Muenkel responded about a mile and a half away. Ryan Moeller, S106 W15875 Loomis Drive, stated he owns land just to the west. He is not necessarily against the rezoning; he has concerns about protecting his land for the future. He is concerned about contaminated soils and runoff. There is a gas station already there. Why not upgrade that one instead of building another gas station. Floyd Sporleder, S108 W16327 Loomis Drive, stated he has a 12-acre pond in the area. He is concerned about contaminated runoff into his pond. He also is concerned about an increase in traffic and potential spills from two gas stations. The petitioner, Baljit Dhillon, was present. He stated there will not be two gas stations. The one that is currently there will be moved to the new location when rezoned. He is trying to move his current operation to Hwy. 36 for better visibility. There is no point in improving what he has because it is not visible from Hwy. 36. Mayor Damaske asked if Mr. Dhillon planned to remove all the existing tanks. Mr. Dhillon stated he would do whatever needs to be done at the present site so it will be clear. Mr. Dhillon stated his ownership of the property for the new location is contingent upon receiving all the necessary approvals. He also owns the property where the existing business is located. Schroeder asked if the City could dictate to the owner that if he no longer uses the facility, the pumps and tanks have to be removed. Atty. Molter stated the state has regulations. Mr. Muenkel stated the current operation has a conditional use grant, which could be terminated. Ald. Schroeder would like to see the infrastructure removed. Common Council Minutes Page 2 January 24, 2006 As there were no further comments, the Mayor declared the hearing closed. CONSENT AGENDA Salentine moved to approve the Consent Agenda. Madden seconded. Motion carried. Approval of Common Council Minutes of 1/10/2006. Schroeder stated there was lengthy discussion on Reso. #001-2006. The minutes only reflect a broad generalization. He would like to refer people to listen to the audio, which is provided on the City’s website, for the discussion of more specific information. Acceptance of Finance Committee Report - 1/10/2006 Acceptance of Public Utilities Committee Report - 1/16/2006 Review of Library Board Meeting held 12/28/2005, Parks and Recreation Board Meeting held 1/9/2006, Plan Commission Meeting held 1/17/2006, Senior Ad-Hoc Committee Meetings held 11/9/2005 and 12/13/2005 and Mayor’s Task Force on Janesville Road Reconstruction Meeting held 1/5/2006. Regarding the Mayor’s Task Force meeting, Schroeder requested a copy of the County’s five questions. Reso. #005-2006 - Denial of a Certified Survey Map - James Reso. #006-2006 - Approval of a Certified Survey Map - Wieselman Trust Reso. #007-2006 - Acceptance of Improvements - Quietwood Creek Subdivision Reso. #008-2006 - Approval of Lease Agreement with Eddie Schaefer for Park Arthur (South Section) Reso. #009-2006 - Approval of Idle Isle Park Security Cameras Reso. #010-2006 - Acceptance of 2006 Classified Equipment Rates 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 1/10/2006. Ald. Borgman asked for this item to be removed from the agenda. Borgman moved to remove. Buckmaster seconded; motion carried. The Public Works Committee reviewed this issue at its last meeting; no Council action is required at this time. Ord. #1207 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke Homes - A, RSM and B-4 to RSM/OPD). On the floor, deferred 1/10/2006. Salentine moved to amend the ordinance to include the language as underlined: Section 1: “The following described property is hereby rezoned from A, RSM and B-4 to RSM/OPD: Tax Key Number 2258.996, part of Tax Key Number 2261.978.001, and part of Tax Key Number 2264.999 . . .” and Section 3: “This ordinance is in full force and effect from and after passage and publication subject to approval of the Final Condo Plat, Building, Site and Operation Plan and Developer’s Agreement and Letter of Credit for Muirfield.” Melcher seconded; motion carried. Buckmaster stated the Plan Commission defeated the resolution to recommend approval. The discussion surrounded around the Comprehensive Plan. What is our Common Council Minutes Page 3 January 24, 2006 intent for that area? He does not support amending the B-4 zoning on one side of the street and keeping it on the other. Buckmaster stated the Comprehensive Plan is a plan made at a point in time. It is a plan that we consider regarding any zoning decisions. He does not see any reason to grant the rezoning due to a lack of direction for the area. There are also issues regarding wells and traffic. Buckmaster stated he does not believe the rezoning is in the best public interest right now. The developer will not be denied anything. Madden stated the B-4 zoning is there for a reason. It has to do with what is there today. We have landfills on both sides of the road and it was decided that was a good place to bring business in. We have all talked about how Muskego needs to bring business in. The B-4 zoning on Hwy. 36 is a good place to start. The current zoning can do what the developer wants to do. She sees no reason to change it. Salentine and Borgman both agreed that the B-4 area should remain. Patterson supports the Comp Plan and supports the existing zoning. Melcher agreed that the business area was important for the City. He supports the constituents of the area who expressed opposition to the rezoning. Motion to adopt failed 7-0. NEW BUSINESS Reso. #011-2006 - Approval of a Preliminary Plat - Denoon Country Estates North Subdivision. Salentine moved for adoption. Borgman seconded. Mr. Muenkel stated the Council already approved a zoning change to RCE/COPD in November of 2005 for this development. Outlot 2 is proposed to provide storm water management. Schroeder asked if the storm water could be diverted to the new regional pond in the area. Mr. Muenkel will review with the Building/Engineering Dept. Schroeder stated he has a constituent that expressed concern about the containment of storm water off of his property. Motion carried 7-0. Reso. #012-2006 - Resolution to Adopt Code of Conduct and Discipline. Salentine moved for adoption. Schroeder seconded. Salentine moved to defer for review by the labor attorney. Ald. Schroeder seconded; motion carried Ord. #1210 - An Ordinance to Amend the Zoning Map of the City of Muskego (Dhillon - A to B-4). First Reading. Discuss Three Draft Resolutions Presented by Ald. Melcher Concerning Processes and Procedures The first draft resolution was reviewed and discussed. The resolution related to the placement of items on an agenda. This was discussed at Committee of the Whole with no consensus reached. Schroeder asked what are we currently doing and what would be changed? Melcher responded that at the present time, agenda items are put together in house. Atty. Molter noted that some of the proposed changes would be substantial and could conflict with what is currently in the City’s Municipal Code. The resolution proposes that a public hearing be held for every ordinance and that the title of an ordinance be published in the official newspaper prior to second reading. Buckmaster stated he believes most items should go through the committee process first. That is where the staff support is available. Patterson expressed concern about Item No. 3 of the proposed resolution. What we currently do works. Melcher stated he had no problem with removing that item from the resolution. Borgman stated we do need something in writing. He suggested that Item Common Council Minutes Page 4 January 24, 2006 1. d. include all committees even if only temporary. Schroeder would like Items 2., 3., and 4. removed. He would like something in writing that outlines how an agenda item can be addressed. He does not want a situation where he has an item that he can’t get on any agenda. Buckmaster believes items that come before Council should be in resolution or ordinance format. He does not like draft items placed on the agenda for discussion. Several of the aldermen discussed the fact that an alderman should be able to submit an item to the Clerk for placement on the Council agenda. It was determined that the City Administrator will review the proposed resolution and bring a revised version back to the next meeting. The second draft resolution was reviewed and discussed. Melcher stated the purpose of the resolution was to try to widen the scope of appointments to the City’s various boards and committees. He supports publication in the Muskego Sun to invite people to step forward. The City of Madison has an actual application form. Mayor Damaske responded that it was harder and harder to get people to fill these positions. He does not agree with having an application process. He does solicit the aldermen for appointment recommendations. Salentine stated the resolution is too limiting and needs to make accommodations for people that leave an appointment on short-term notice. Requiring six to eight weeks before a vacancy can be filled is too long. She would like to see a copy of the application form but questions if people will be willing to complete it. She would prefer to see a short bio of a potential appointee. Schroeder stated he would like to see the same process that is used for refilling employee vacancies. A memo would be done by the Mayor to the aldermen asking for recommendations within a five-day period. The Mayor would forward all candidates with biographies to the Council to accompany the appointment resolution. Borgman believes public solicitation is a good idea. Schroeder stated that the Mayor announcing any available appointments at a Council meeting would probably result in an article in the Muskego Sun. Buckmaster stated that these appointments are the Mayor’s prerogative as the chief elected official. The Mayor does ask the aldermen for names of potential candidates. He does not want to create something that will not allow the Mayor to fulfill his agenda. Borgman stated the proposed resolution does not limit how the Mayor selects appointments. Schroeder disagreed with Buckmaster; the Mayor’s appointments have to be affirmed by the seven Council members. It was determined that the City Administrator would take the ideas presented and formalize the process. The Mayor agreed to provide a short bio of any potential appointment that would be included with the resolution. Melcher stated the third resolution deals with the timing for distribution of Council materials. The resolution proposes that copies be provided five days prior to the Council meeting. The Clerk explained the process for putting the Council material together. The internal deadline is the Thursday before the meeting. Schroeder suggested that the City Administrator discuss submittal deadlines with the Clerk and Mayor. The Clerk noted that any proposed submittals must be provided in Word format. The City Administrator will review this resolution in conjunction with the first one. LICENSES Melcher moved for approval of the regular operators’ licenses reviewed at the 1/24/2006 Finance Committee. Salentine seconded. Motion carried 7-0. Licenses for the following were approved: Cathryn Hintz, Maria Sosa, Robert Sullivan, Karen Common Council Minutes Page 5 January 24, 2006 Kern, Grant Baehmann, Anne Gustafson, Jason Bradley, Adam Theim and Kim Weisgold. Melcher moved to approve a Temporary “Class B”/Class “B” License for St. Leonard Congregation for 2/25/2006. Salentine seconded. Motion carried 7-0. Melcher moved to approve a Temporary “Class B” License for the Friends of the Muskego Public Library for 5/13/2006. Borgman seconded. Motion carried 7-0. VOUCHER APPROVAL Melcher moved for approval of payment of General Vouchers in the amount of $708,399.51. Madden seconded; motion carried. Schroeder moved for approval of payment of Utility Vouchers in the amount of $298,369.36. Buckmaster seconded; motion carried. Melcher moved for approval of payment of Tax Checks in the amount of $18,865,012.24. Buckmaster seconded; motion carried. CITY OFFICIALS’ REPORTS The February calendar was reviewed. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW It was suggested that following the Spring election, the Committee of the Whole should look at establishing a mission statement and setting goals. CLOSED SESSION Borgman 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. Buckmaster seconded. Motion carried 7-0. The Clerk, Deputy Clerk and City Attorney were not present for closed session. OPEN SESSION Salentine moved to reconvene into open session. Melcher seconded. Motion carried 7-0. ADJOURNMENT Melcher moved to adjourn at 10:21 PM. Buckmaster seconded; motion carried. (Minutes transcribed by J. Blenski.) Respectfully submitted, Janice Moyer CMC, CMTW Clerk-Treasurer