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CCM20060214 COMMON COUNCIL - CITY OF MUSKEGO Approved: 02/28/06 MINUTES OF MEETING HELD FEBRUARY 14, 2006 The meeting was called to order at 7:34 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 2/10/2006. The Mayor noted the Council would later convene into closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE Reso. #013-2006 - Honoring City of Muskego Eagle Scout Kyle Lewandowski. Borgman moved for adoption. Schroeder seconded. Motion carried 7-0. The Mayor presented the resolution to Kyle who spoke briefly about the benefits of scouting. PUBLIC HEARING The Clerk read the public hearing notice to consider proceedings of the Common Council to discontinue and vacate a road right-of-way (Martin Drive). Mr. Muenkel stated the proposed road vacation was being done in conjunction with the approved final plat of the Copper Oaks Subdivision. No one present requested to be heard. The Clerk read the public hearing notice to consider the petition of Brian Schoenleber to rezone property on Ryan Road known as Tax Key Numbers 2255.979 and a portion of 2255.998 from RSE/OWP - Suburban Estate District with a Wellhead Protection Overlay, RSE - Suburban Estate District, R-2/OWP - Country Home District with a Wellhead Protection Overlay and R-2 - Country Home District to RSE/OWP - Suburban Residence District with a Wellhead Protection Overlay for the purpose of a future land division. Mr. Muenkel stated the petitioner was requesting a rezoning to RSE to permit a future subdivision, Golf View Estates. The property is located along Ryan Road. A rezoning petition to RS-2 for the same parcel was denied in late 2005. The RSE district allows parcels of 40,000 square feet and 150 feet in width when sewered. No one present requested to be heard. The Clerk read the public hearing notice to consider the petition of Carity Land Corporation to rezone property on Durham Drive known as Tax Key Numbers 2203.990, 2203.990.001 and 2204.996 from RS-2 - Suburban Residence District to RS-3/OPD - Suburban Residence District with a Planned Development Overlay for the purpose of a future subdivision to be known as Belle Chasse. Mr. Muenkel stated the petitioner was requesting the rezoning to RS-3/OPD for the Belle Chasse subdivision. The RS-3 district allows parcels of 15,000 square feet and 100 feet in width. The OPD does allow that to be reduced. The proposed development encompasses over 108 acres located on both the east and west sides of Durham Drive and south of McShane. Approximately 147 parcels are proposed at this time. The OPD zoning is being requested to allow reduced lot sizes. There would be no lots less than Common Council Minutes Page 2 February 14, 2006 14,000 square feet and 90 feet in width. It also allows reduced offsets and setbacks. The Comprehensive Plan does depict the area for medium density residential consistent with both the RS-2 and RS-3 zoning districts. This property is within the area earmarked for the future realignment of Durham Drive. Mr. Muenkel stated a large amount of trees and wetlands are found throughout the property and will be preserved. The tree area on the western portion of the property is identified in the City’s Conservation Plan as a high acquisition area. Ald. Madden noted that both Mr. Carity and Mr. Muenkel are not opposed to leaving the Dorothy Drive cul-de-sac alone. Ald. Schroeder asked how many lots were under 15,000 square feet. Mr. Muenkel stated he would have to forward that information. The developer, Bill Carity, addressed the Council. His intent in developing the parcel is to create a quality subdivision while preserving significant environmental areas. Mr. Carity reviewed the conceptual development plan, which was displayed. He stated that he was willing to do a cul-de-sac instead of creating a through street to Dorothy Drive. There are 40 acres of open space that are shown as private park areas. He plans to have deed restrictions and strict architectural control. Mr. Carity also reviewed the displayed landscape plans for Durham Drive. He stated the OPD allows a developer some flexibility so that significant open spaces can be preserved. If the parcel is developed under the existing zoning of RS-2, Mr. Carity believes that he could create 140 to 150 single-family lots. No amendment to the land use plan is required. Mr. Carity indicated that he tried to meet with the residents most affected by the development. He is open to City ownership of the wooded areas. Mr. Carity provided the following in response to Ald. Schroeder’s question regarding the number of lots under 15,000 square feet: Phase 1 - 18 out of 49, Phase 2 - 51 out of 98. The following comments were presented: Mark Sell, S77 W14315 McShane Drive, stated the 2010 Master Plan calls for the area to be RS-2 or RS-3 without the OPD. The area around the property is all RS-2. He does not see the need to change the zoning. He believes the homes will be squeezed in. There are existing water problems in the area. Mr. Sell would prefer that the road proposed to be 50 feet west of his property would not go in; access could be off of Durham. He is concerned that if the land is developed under the RS-2 zoning, the trees will be cut down. James Albertin, S77 W14281 McShane Drive, stated he moved to Muskego for the large rural lots and quality of life. He feels rezoning the property to allow smaller lots is a big mistake. Most of the lots in Muskego are at least 1/2 acre. He opposes the rezoning and asked how the City would benefit if the property were rezoned. Pat Subel, W151 S7686 Mystic Drive, stated he has also experienced water problems in his area. The existing retention ponds are not going to hold the water. He also expressed concern about the traffic on Mystic Drive. Greg Van Doren, W145 S7676 Durham Drive, agreed with what has been stated. He prefers 1/2-acre lots. He is concerned about the increase in traffic the development would create on Durham and McShane. Common Council Minutes Page 3 February 14, 2006 Scott Tashoff, W152 S7709 Mystic Drive, stated he was representing the people on Mystic Drive. Mr. Carity did not contact the people on Mystic. This area will be affected by the proposed development. The traffic on Mystic is a problem now. Mr. Tashoff asked about sewer service. Mr. Carity responded that 90% will come from the McShane Storage Facility. Mr. Tashoff noted that Mr. Carity has to save the wetlands; that land is swampy and unbuildable. No one wants lots less than a 1/2 acre. Eileen Schnell, W150 S7693 Dorothy Drive, stated she does not want to see smaller lots. She prefers that the extension of Dorothy Drive not go through. She also has experienced water problems for over 20 years. Fran Hughes stated he is an attorney representing the owner of the property. The current owner is strongly in favor of Mr. Carity’s plan. His client was concerned with how the property would be developed. Several developers were interviewed and Mr. Carity stood head and shoulders above the others. Greg Schmidt, W151 S7916 Mystic Drive, stated he also opposes the small lot sizes. The entire development is surrounded by RS-2 zoning. The main issue for him is the existing traffic on Mystic Drive and what will happen with the additional cars. Mr. Schmidt also said water is a problem in the area. Rick Vanderboon, W150 S7677 Dorothy Drive, expressed his concern for Dorothy going through. He chose the area because it was safe and quiet. Mr. Vanderboon also noted that water in the area is a problem. Dick Schwarten, W152 S7917 Mystic Drive, stated that what has been said this evening should be taken into consideration. Water in the area will cause building problems. He would like to see larger lots. Magnus Ekstrand, W183 S8894 Racine Avenue, stated this is an economic issue for Mr. Carity. The rezoning will have an economic impact on the taxpayers; he does not want his taxes to go up. David Pavlich, S76 W14140 McShane Drive, stated he has a well and is concerned about the impact this development will have. Mr. Van Doren asked about submitting a petition. Mr. Muenkel stated in the past concerned residents have submitted informal petitions. A formal petition could be submitted with the assistance of an attorney and could cause a 3/4 vote of the Council regarding the rezoning. Mr. Muenkel explained the approval process for the proposed development and noted that this issue would be on the February 21 Plan Commission agenda. The Plan Commission makes a recommendation to the Council. Linda Mintner, W145 S7845 Durham Drive, expressed concern about the existing traffic on Durham Drive. She asked about the Moorland Road extension. The Mayor responded that the extension would not be done until the City has the funds. Larry Paprocki, S77 W14233 McShane Drive, stated this is about what direction the Council wants the City to go in. That is what is at stake. Common Council Minutes Page 4 February 14, 2006 Michael Mintner, W145 S7845 Durham Drive, stated it looks like the extension is going to be across the street from his property. He asked if permission was received to go through the three parcels of wetlands. David Machi, W144 S7880 Durham Drive, stated he owns 5 1/2 acres south of the Carity development. He is concerned with trying to save the wetlands and Mr. Carity is proposing to do that. He is also concerned with the extension of Moorland Road taking some of his land. He does not have a problem with the proposal. Elaine Albertin, S77 W14281 McShane Drive, stated Mr. Carity is preserving the wetlands for his benefit because of the cost. She also prefers 1/2-acre lots. Ann Paprocki, S77 W14233 McShane Drive, stated the lots should at least be 1/2 acre in size to keep the rural feel. If smaller, the homes will be squeezed in. Ald. Schroeder suggested that a conservation subdivision should be considered for the development. Mr. Muenkel stated that the OPD overlay has been in place since Muskego became a city. The Clerk read the public hearing notice to consider the petition of the Common Council to repeal and recreate certain parts of Section 14 of the City of Muskego Floodplain Ordinance to incorporate changes mandated by administrative code changes in NR 116 and the minimum standards of the National Flood Insurance Program (NFIP) and to consider the petition of the Common Council to amend Chapter 17, Section 17:3.08 (4) h. of the Zoning Code of the City of Muskego pertaining to the required vote needed for the Board of Appeals. Mr. Muenkel explained that the City’s adopted floodplain ordinance is based on State statutes. The State has recently made minor changes to its statutes and has required municipalities to update their codes accordingly. In addition, the changes are required for the City to be included in floodplain boundary changes by FEMA. The DNR has approved the proposed ordinance language. The other proposed change relates to the vote required for the Board of Appeals. The City’s zoning ordinance requires four votes to approve an appeal and must be amended to comply with the State, which only requires a majority of a quorum. As there were no further comments, the Mayor declared the hearings closed. Mr. Muenkel left the meeting at 9:08 PM. CONSENT AGENDA Melcher requested that the 1/25/2006 Library Board minutes be removed for individual consideration to be sent back to the Board to correct the word “not” to “now” in the last paragraph of the Librarian’s Report. Salentine moved to approve the Consent Agenda items engross. Madden seconded. Motion carried 7-0. Approval of Common Council Minutes of 1/24/2006. Common Council Minutes Page 5 February 14, 2006 Acceptance of Finance Committee Report - 1/24/2006 Acceptance of Public Works Committee Report - 1/23/2006 Plan Commission Meeting held 2/7/2006, Police and Fire Commission Meeting held 1/19/2006 and Community Development Authority Meeting held 2/1/2006. Reso. #014-2006 - Approval of Tuition Reimbursement Policy Reso. #015-2006 - Approval of Purchase of Audio-Visual Recording Systems for the Muskego Police Department Reso. #016-2006 - Approval of Systems Implementation Agreement with AVI Midwest, LLC for the Purchase of Digital Playback System for the Cable Club Reso. #017-2006 - Approval of Purchase of PC Replacements Reso. #018-2006 - Approval of Computer Maintenance Agreements Reso. #019-2006 - Approval of Maintenance for Typewriters Reso. #020-2006 - Establishing Traffic Regulations (No Parking - College Court) Reso. #021-2006 - Approval of an Extraterritorial Certified Survey Map - Loughney, Town of Vernon Reso. #022-2006 - Approval of an Extraterritorial Certified Survey Map - Link, Town of Vernon Reso. #023-2006 - Resolution of the Common Council to Request Waukesha County to Reduce the Speed Limit on Racine Avenue OLD BUSINESS Reso. #247-2005 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego (Martin Drive). Introduced 12/13/2005. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #012-2006 - Resolution to Adopt Code of Conduct and Discipline. On the floor, deferred 1/24/2006. Salentine moved to amend to add the following, “BE IT FURTHER RESOLVED That the adoption of this policy will replace the existing Standards of Conduct and Discipline approved by the Finance Committee on February 8, 2005.” Melcher seconded; motion carried. Reso. #012-2006, as amended, adopted 7-0. Ord. #1210 - An Ordinance to Amend the Zoning Map of the City of Muskego (Dhillon - A to B-4). Second Reading. Salentine moved for adoption. Madden seconded. Buckmaster stated that when the use of the existing property ceases, the conditional use grant would be lost. He also noted that Mr. McMullen indicated that there are State rules that would apply to removal at the existing site. Schroeder expressed concern that the existing structure, tanks and contaminated soil would not be removed. Mayor Damaske noted that Mr. Dhillon stated that he did not want the existing property to be used as a gas station. Motion carried 7-0. Common Council Minutes Page 6 February 14, 2006 NEW BUSINESS Reso. #024-2006 - Approval of a Preliminary Plat - Rustic Trails Subdivision. Buckmaster moved for adoption. Salentine seconded. Schroeder noted that he would abstain because he has a relationship with Mr. Dilworth and his father. Melcher moved to defer because he would like to show the proposed development to the people on Field Drive. Borgman seconded; motion carried. Buckmaster noted that what the developer submitted is allowed under the RCE zoning district. Reso. #028-2006 - Approval of Starting Salary Rate for Staff Sergeant Position. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Reso. #029-2006 - Resolution to Hire Special Consultants (Onyx Emerald Park Landfill Expansion). Salentine moved for adoption. Madden seconded. It was noted that this item was deferred at the 2/14 Finance Committee meeting. Salentine and Madden withdrew their motions. Salentine moved to defer. Melcher seconded. Atty. Molter stated it was extremely important to hire the consultants as soon as possible. There is a six-month timeframe and many things have to be done within that time. There is a substantial amount of money involved. Madden felt the issue could wait. She requested that the issue be deferred until after the Standing Committee meeting in March. Schroeder stated if a fee schedule is provided by the end of the week for the consultants that will be used, he would agree to move forward. Patterson agreed that the issue should move forward. Salentine and Melcher withdrew their motions to defer. Salentine moved for adoption. Madden seconded. Melcher requested an estimate of what was expended for the last expansion. It was noted that this situation is different than the last. Motion carried 7-0. (This item was reconsidered following closed session.) Ord. #1211 - An Ordinance to Amend Chapter 13, Section 13.01 (3) 3., of the Municipal Code of the City of Muskego (Dog Fancier Permit). First Reading. Ord. #1212 - An Ordinance to Amend the Zoning Map of the City of Muskego (Schoenleber - RSE/OWP, RSE, R-2/OWP and R-2 to RSE/OWP. First Reading. Ord. #1213 - An Ordinance to Amend the Zoning Map of the City of Muskego (Carity Land Corporation/Belle Chasse - RS-2 to RS-3/OPD). First Reading. Ord. #1214 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code of the City of Muskego (Floodplain Zoning Ordinance). First Reading. Ord. #1215 - An Ordinance to Amend Chapter 17, Section 3.08 (4) (h), of the Municipal Code of the City of Muskego (Board of Appeals - Required Vote). First Reading. Ord. #1216 - An Ordinance to Amend Chapter 11, Section 11.06 (6), of the Municipal Code of the City of Muskego (Refuse/Recycling Billing). First Reading. Buckmaster moved to convene into closed session pursuant to Wis. Stats. §19.85(1)(c) Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility, more specifically selection of Finance Department Manager and establishment of salary and 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, Common Council Minutes Page 7 February 14, 2006 whenever competitive or bargaining reasons require a closed session, more specifically labor union negotiations and approval of 2006-2008 agreement with the Muskego Police Association. Melcher seconded. Motion carried 7-0. The Clerk and City Atty. were dismissed. The Deputy Clerk was not present for the closed session. Salentine moved to reconvene into open session. Buckmaster seconded. Motion carried 7-0. NEW BUSINESS (Continued) Reso. #029-2006 - Resolution to Hire Special Consultants (Onyx Emerald Park Landfill Expansion). Borgman moved to reconsider. Salentine seconded; motion carried. Salentine moved to amend to remove the Finance Committee recommendation paragraph. Borgman seconded; motion carried. Reso. #025-2006 - Resolution to Create the Position of Finance Department Manager and Approve the Job Description and Salary Range. Salentine moved for adoption. Melcher seconded. Buckmaster moved to amend the job title to “Finance Department Supervisor.” Salentine seconded. Reso. #025-2006 adopted 6 in favor and Patterson voting no. Reso. #026-2006 - Resolution to Confirm the Selection of Finance Department Manager for the City of Muskego and to Establish the Salary. Salentine moved for adoption. Melcher seconded. Buckmaster moved to amend as follows: to change the job title to Finance Department Supervisor, to appoint Sharon Mueller to the position, and to establish the annual salary at $71,000, to be effective beginning with the next pay period upon passage of this resolution. Melcher seconded. Motion carried 6 in favor and Patterson voting no. Reso. #026-2006, as amended, adopted 6 in favor and Patterson voting no. The biweekly salary of $2,730.77 will be effective with the pay period beginning February 20, 2006. Reso. #027-2006 - Authorize Execution of the Labor Agreement Between the Muskego Police Association and the City of Muskego January 1, 2006 - December 31, 2008. Melcher moved for adoption. Salentine seconded. Motion carried 7-0. Reso. #030-2006 - Appointment of Citizen Member to the Board of Review (Noah Fiedler). Salentine moved for adoption. Borgman seconded. The Mayor provided information regarding his appointment. Motion carried 7-0. LICENSES Melcher moved for approval of the regular operators’ licenses reviewed at the 2/14/2006 Finance Committee. Schroeder seconded. Motion carried 7-0. Licenses for the following were approved: Aaron Polak and Melissa Schim. Melcher moved to approve a “Class B” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquors for Muskego Gateway Entertainment Complex LLC, Sam Diamantopoulos agent, with the V.I.P. Sport Lounge, Billiards Room and storage area to be the licensed premise. Schroeder seconded. Motion carried 7-0. Common Council Minutes Page 8 February 14, 2006 VOUCHER APPROVAL Melcher moved for approval of payment of General Vouchers in the amount of $939,609.71. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $241,857.63. Buckmaster seconded. Motion carried 7-0. Melcher moved for approval of payment of Tax Checks in the amount of $3,754,973.06. Salentine seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS City Administrator Sheiffer noted that she provided a memo outlining a summary of her activities for the last four months. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Buckmaster noted that Melcher might be chairing the 2/20/2006 Public Works meeting. ADJOURNMENT Borgman moved to adjourn at 11:35 PM. Melcher seconded; motion carried. (Minutes transcribed by J. Blenski.) Respectfully submitted, Janice Moyer CMC, CMTW Clerk-Treasurer