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CCM20060228 COMMON COUNCIL - CITY OF MUSKEGO Approved: 3/14/06 MINUTES OF MEETING HELD FEBRUARY 28, 2006 The meeting was called to order at 7:31 PM by Mayor Damaske. Present were Ald. Melcher, Borgman, Buckmaster, Madden, Patterson, Schroeder and Salentine, City Attorney Larson, City Administrator Sheiffer, Plan Director Muenkel, Engineering/Building Inspection Director McMullen, 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 2/24/2006. The Mayor noted the Council would later convene into closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Damaske noted that the Senior Ad Hoc Committee put a newsletter together with 2,188 being mailed. PUBLIC HEARING The Clerk read the public hearing notice to consider petition of Richard Knudsen II to rezone property on Hillendale Drive known as Tax Key No. 2177.933.001 from B-2 - Local Service Center District to RS-2 - Suburban Residence District for the purpose of a future land division. Said petition also requires an amendment to the 2010 Comprehensive Plan from commercial to medium density residential. Mr. Muenkel stated the subject property was located on Hillendale Drive, northeast of the theater on Racine Avenue. The property is currently zoned B-2. The Comprehensive Plan depicts the area as future commercial development consistent with the B-1 and B-2 zoning districts. The petitioner is requesting a zoning change to RS-2 for residential use and a future land division. The RS-2 zoning allows parcels of 20,000 square feet and 110 feet in width. Plan staff have no issue with the rezoning petition; the Plan Commission will review the petition at its next meeting. The Mayor noted that a letter of support was received from Mr. Daliege who lives across the street from the subject parcel. No one present requested to be heard on this issue and the Mayor declared the hearing closed. The Clerk read the public hearing notice to consider the petition of Alesci Enterprises, Inc. to rezone property on Racine Avenue known as Tax Key No. 2241.999 from SW - Shoreland Wetland and A - Agricultural District to RS-2 - Suburban Residence District for the purpose of a future land division. Mr. Muenkel stated the petitioner was requesting a rezoning to RS-2, which allows lots to be 20,000 square feet in size and 110 feet in width. The petitioner proposes to develop a subdivision consisting of 57 single-family parcels. A Comprehensive Plan amendment would not be required. The DNR was notified of the public hearing because the property is currently zoned SW. If the DNR does not approve the rezoning, the Common Council can approve it subject to a 30-day waiting period. The wetlands that exist on the property would be preserved. The Plan Commission reviewed and approved a conceptual development plan. Tony Alesci, Jr., 3044 South 92 Street, West Allis, was present representing Alesci Enterprises, Inc. He noted that the Plan Commission approved the preliminary drawing as presented. Common Council Minutes Page 2 February 28, 2006 The following individuals spoke against the rezoning: Diane Ekstrand, W183 S8894 Racine Avenue Danielle Michaels, speaking for her father, Donald Schreiber, S86 W17937 Woods Road Sheri Hackbarth, S87 W18067 Woods Road Roger Lewicki, W186 S8670 Nature Court Jason Frye, W183 S8874 Racine Avenue Sandra Rybar, S86 W17937 Woods Road Jason Hackbarth, S87 W18067 Woods Road Le Roy Bluma, W170 S6966 Southern Drive Ruth Bluma, W170 S6966 Southern Drive Sherry Lewicki, W186 S8670 Nature Court The following reasons for opposition were stated:  displacement of wildlife in the area  lots are too small  too many homes for the area, what you see in the City  the area is low, very marshy, often has standing water  concern regarding wetland delineation  concern regarding grading and drainage issues  existing traffic issues on Woods and Racine  development will increase the traffic and add to existing concerns  single-family development adds more children to our overcrowded school system and taxes other City services  concern regarding construction traffic  concern regarding trash/debris from construction site  development will eliminate rural atmosphere that many people moved to Muskego for The following additional comments were made: Bob Vitt, S84 W17559 Woods Road, stated he favors RS-1/OPD, RCE or development of a conservation subdivision. More control is needed, which the OPD would provide; the proposal is too dense. Magnus Ekstrand, W183 S8894 Racine Avenue, Muskego, stated he does not want Muskego to have sardine can developments. He favors RS-1 zoning versus the request for RS-2. He is concerned with the economic impact these developments have on the existing taxpayers. Development must be slowed down and controlled. Maybe impact fees should be considered so the current citizens don’t bear the burden of the developers. Donald Schreiber, S86 W17937 Woods Road, stated increased development adversely affects the lakes because of the additional salt and other chemicals that are used. Taxes will also go up because the schools are overcrowded. Robert Zielinski, W194 S9689 Racine Avenue, stated he is not in favor of land south of Woods Road being rezoned to anything less than country estates. Common Council Minutes Page 3 February 28, 2006 Mr. Alesci stated that it is not the intent of Alesci Enterprises to have a negative impact on the community. Many of the issues expressed will be addressed through the approval process. Mr. Muenkel explained the rezoning process and stated that the only time notification is given to residents is for a public hearing. Ald. Buckmaster wanted to clarify that the Plan Commission has not made a recommendation yet. Mr. Muenkel said the approval was for a conceptual plan. Ald. Schroeder requested that input be given to him to present to the Plan Commission via phone or e-mail. The parcel is zoned SW for a purpose. He has other issues regarding the proposed development including traffic concerns. The Mayor declared the hearing closed. The Clerk read the public hearing notice to consider the petition of Christine McIntyre to rezone property on Boxhorn Drive known as part of Tax Key No. 2255.994.006 from R-2 - Local Service Center District to RSE - Suburban Estate District for the purpose of a future land division. Mr. Muenkel stated the petitioner is requesting a rezoning from R-2 to RSE for a future two-lot land division. RSE zoning exists to the west of the subject parcel. Sewer service can be provided to the parcel and that is the reason that the rezoning petition was submitted. The R-2 district allows parcels of 60,000 square feet and 175 feet in width. The RSE zoning allows parcels of 40,000 square feet and 150 feet in width. No amendment to the Comprehensive Plan is required. Pat McIntyre, W124 S8236 North Cape, stated that he and his wife co-own the property with their son. The purpose of the land division is so he can build on the newly divided parcel. Laura Sandberg, W139 S9138 Boxhorn Drive, stated she opposes the rezoning. She abuts the subject property. Her concerns are the setback off the road and where the new house will fall in line with hers. Russell Sandberg, W139 S9138 Boxhorn Drive, stated he opposes because the rezoning and land division will take away his quality of life and create too much crowding. The Mayor declared the hearing closed. Mr. Muenkel left the meeting at 8:28 PM. CONSENT AGENDA Salentine moved to approve the Consent Agenda items engross. Buckmaster seconded; motion carried. Approval of Common Council Minutes of 2/14/2006. Schroeder clarified his reason for abstaining regarding Reso. #024-2006 (Preliminary Plat-Rustic Trails) was that he has a working relationship with Mr. Michael Dilworth, Jr. Acceptance of Finance Committee Minutes - 2/14/2006 Common Council Minutes Page 4 February 28, 2006 Minutes of the Plan Commission Meeting held 2/21/2006, Mayor’s Task Force on Janesville Road Reconstruction Meeting held 2/9/2006, Parks and Recreation Board Meeting held 2/13/2006 and Conservation Commission Meeting held 2/15/2006. Reso. #031-2006 - Acceptance of Proposal Submitted by Tremco for Thermocore Infrared Roof Survey. Reso. #032-2006 - Approval of 2006 Fleet Purchase - Muskego Police Department. Reso. #033-2006 - Resolution to Retain Special Counsel to Represent the Assessor at the Board of Review. Reso. #034-2006 - Award of Bid - SCADA System Upgrade. Reso. #035-2006 - Approval of Certified Survey Map - Henneberry OLD BUSINESS Reso. #024-2006 - Approval of Preliminary Plat - Rustic Trails Subdivision. On the floor, deferred 2/14/2006. Motion carried 6 in favor and Schroeder abstaining. 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). Second Reading. Salentine moved for adoption. Melcher seconded. Salentine moved to amend to include the words, “following compliance to” in Section 13.01 (3) 3. Melcher seconded; motion carried. Ord. #1211, as amended, adopted 7-0. 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. Second Reading. Buckmaster moved for adoption. Madden seconded. Motion carried 7-0. 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). Second Reading. Buckmaster moved for adoption. Salentine seconded. Buckmaster moved to defer. Madden seconded; motion carried. Ord. #1214 - An Ordinance to Repeal and Recreate Chapter 14 of the Municipal Code of the City of Muskego (Floodplain Zoning Ordinance). Second Reading. Borgman moved for adoption. Salentine seconded. Motion carried 7-0. 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). Second Reading. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Ord. #1216 - An Ordinance to Amend Chapter 11, Section 11.06 (6), of the Municipal Code of the City of Muskego (Refuse/Recycling Billing). Second Reading. Salentine moved for adoption. Madden seconded. Motion carried 7-0. NEW BUSINESS Reso. #036-2006 - Preliminary Resolution Declaring Intent to Exercise Special Assessment Police Powers Under §66.0703 WI Statutes as to Water Improvement Assessment Area for McShane Drive from Durham Drive to Fairfield Drive (Project MW- 33, Assessment District “WU”). Salentine moved for adoption. Schroeder seconded. Mr. McMullen stated that the project is being driven by the Tudor Oaks Common Council Minutes Page 5 February 28, 2006 expansion and radium problems with the Lake Lore Water Trust. Motion carried 7-0. Mr. McMullen was dismissed at 8:41 PM. Ord. #1217 - An Ordinance Establishing Fees for Ambulance Services. First Reading. Mary Ann Sulik of National EMS Billing was present to respond to questions. She explained that the proposed fees presented in Ord. #1217 include an increase in charges for transport calls and a new fee for non-transport calls. The proposed fees are amounts currently accepted by commercial insurance carriers and Medicare. Although, the Medicare reimbursement amount will not increase if the proposed fees are implemented, which will result in a higher write-off amount for Medicare accounts. Schroeder suggested that the City begin charging $145 per non-transport calls after six calls in a calendar year versus the proposed fee of $75 per call for four to twelve calls and $150 per call for thirteen or more calls in a calendar year. He also suggested the implementation of the rates should occur over a two or three year period of time. There were no other questions or comments from the Common Council. Ms. Sulik was dismissed. Ord. #1218 - An Ordinance to Amend the Zoning Map and 2010 Comprehensive Plan of the City of Muskego (Knudsen - B-2 to RS-2). First Reading. Ord. #1219 - An Ordinance to Amend the Zoning Map of the City of Muskego (Alesci Enterprises, Inc. - SW and A to RS-2). First Reading. Salentine requested that the Plan Department indicate how many dwelling units would be allowed with RS-1 and/or RCE zoning. Buckmaster noted that the Council has stated that land south of Woods Road should be zoned country estate with 1 to 3 acre lots. Schroeder said the Council needs to receive input from the DNR before action can be taken. Schroeder requested that the Mayor direct staff to contact the developer and ask that a DNR wetland delineation be submitted. Atty. Larson stated that the City’s municipal code calls for the Plan Commission to act on the rezoning petition within 30 days of it being referred to that body. Ord. #1220 - An Ordinance to Amend the Zoning Map of the City of Muskego (McIntyre - R-2 to RSE). First Reading. LICENSES There were no licenses requiring approval. VOUCHER APPROVAL Melcher moved for approval of payment of General Vouchers in the amount of $1,076,185.40. Schroeder seconded. Motion carried 7-0. Schroeder moved for approval of payment of Utility Vouchers in the amount of $53,004.18. Buckmaster seconded. Motion carried 7-0. Melcher moved for approval of payment of Tax Checks in the amount of $88.99. Schroeder seconded. Motion carried 7-0. CITY OFFICIALS’ REPORTS The March calendar was reviewed. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW Patterson thanked the citizens for voting in the February primary. Common Council Minutes Page 6 February 28, 2006 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 to discuss continued employment and compensation of Police Chief 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, whenever competitive or bargaining reasons require a closed session, more specifically labor union negotiations. Borgman seconded. Motion carried 7-0. The Clerk, Deputy and City Atty. were dismissed. Salentine moved to reconvene into open session. Madden seconded. Motion carried 7-0. ADJOURNMENT Melcher moved to adjourn at 10:15 PM. Salentine seconded. Motion carried 7-0. (Minutes transcribed by J. Blenski.) Respectfully submitted, Janice Moyer CMC, CMTW Clerk-Treasurer