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CCM20060509 COMMON COUNCIL - CITY OF MUSKEGO Approved: 05/23/06 MINUTES OF MEETING HELD MAY 9, 2006 The meeting was called to order at 7:33 PM by Mayor Damaske. Present were Ald. Salentine, Borgman, Buckmaster, Madden, Melcher, Schroeder and Snead, City Attorney Molter, City Administrator Sheiffer, Engineering/Building Inspection Director McMullen, Plan Director Muenkel and Deputy Clerk Blenski. Those present recited the Pledge of Allegiance. The Deputy Clerk stated the meeting was noticed in accordance with the open meeting law on 5/5/2006. The Mayor noted the Council would later convene into closed session. COMMUNICATIONS FROM THE MAYOR’S OFFICE Reso. #087-2006 - Honoring City of Muskego Eagle Scout Ryan Tretow. Salentine moved for adoption. Borgman seconded. Motion carried 7-0. Mayor Damaske presented the resolution to Ryan who spoke briefly about his Eagle Scout project, which involved improvements made to the buildings used for the Muskego Woman’s Club Safety City program. On behalf of Mayor Damaske, the Deputy Clerk read a Proclamation for American Legion Auxiliary Poppy Days, which will be sold on May 19 and 20. In addition, May 20 through the 27, 2006 was proclaimed National Safe Boating Week. PUBLIC HEARING The Deputy Clerk read the public hearing notice to consider petition to review various 2010 Comprehensive Plan Map amendments throughout the City of Muskego. Mr. Muenkel stated that he was directed by the Committee of the Whole to review the 2010 Comprehensive Plan and determine if any amendments should be proposed. The proposed amendments would affect four boundary areas as follows: Boundary #1 Located south of Woods Road from the high school going north to just west of Bay Lane Drive. The Plan currently shows the area as medium density residential land uses. The proposed amendment would reflect rural density residential land uses. One reason is to ensure that higher density development does not occur adjacent to quality environmental areas of Big Muskego Lake. Runoff from higher density development was also a concern. In addition, the change was seen as required because many constituents living in that area want to preserve a more rural quality of life. Boundary #2 Located along Bass Bay and Big Muskego Lake south of Mystic Drive extending east to Durham Drive, all south of McShane Drive. The Plan currently shows the area as medium density residential land uses. The proposed amendment would reflect low density residential land uses. The reasons for the proposed change are the same as for Boundary Area #1. Boundary #3 Located west of Lake Denoon and south of Lake Denoon Park and the middle school. The Plan currently depicts the area as medium density residential land uses. The Common Council Minutes Page 2 May 9, 2006 proposed amendment would reflect rural density residential land uses. The reasons for the proposed change are the same as for the other boundary areas. Boundary #4 Located north of Hwy. 36, west of the Champions Village Subdivision, extending west all the way to Thode Drive, all within the Muskego Lakes Golf Course. The Plan depicts medium density residential land uses, high density residential land uses and agricultural and open space uses. The proposed amendment would: 1.) mimic the zoning next to the Champions Village area, which is high density residential and commercial; 2.) change the areas west of the golf course along Thode Drive from agricultural to medium density residential; 3.) change the area north of Thode Drive from agricultural to low density residential. Mr. Muenkel noted that no action would be taken tonight; the Plan Commission would review the proposed amendments at its May 16 meeting. Madden stated the water issues on Thode Drive have been rectified. When the proposed ordinance is discussed, she will make a recommendation to remove Thode Drive from the map. The following individuals spoke at the hearing: Lynn Kurer, Durham Drive, stated she owns 100 acres. Her property is located between land owned by Towne Realty and Carity. She requests that her property remain medium density. Russ Stinebaugh, W152 S9832 Thode Drive, stated he agrees with Ald. Madden. He opposes increasing the density in the Thode Drive area and wants to see the Big Muskego wildlife area preserved. Ed Stefaniak, W182 S8756 Racine Avenue, stated he was also appearing for Lawrence Stefaniak, W182 S8758 Racine Avenue, Leonard Stefaniak, S87 W18111 Woods Road, and Terry and Debbie Stefaniak, W182 S8760-S8762 Racine Avenue. The Plan currently depicts the Stefaniak property as RS-2, which allows medium density. The proposal depicts RCE (Rural Country Estates) zoning, which would require two plus acre/lots. The only parcel, south of Woods Road, that would be negatively affected by the proposed amendment is the Stefaniak property. He objects to the proposed amendment. One of the reasons is that the traffic and drainage issues brought up at a public hearing to consider rezoning the Stefaniak property would not be addressed. RCE zoning is not the optimal land use for this property. Mr. Stefaniak stated the future long-term interests of the vast majority of taxpayers would be better served by allowing this property to be developed in accordance with the current 2010 Comp Plan. Wendy Slocum, 622 North Water Street, Milwaukee, stated her objection to the proposal to change the use along Hwy. 36 to commercial. That will not be a viable option because of the wetlands. She believes multifamily is a better use. Magnus Ekstrand, W183 S8894 Racine Avenue, stated he lives just south of the Stefaniak property. The concerns regarding development of this property are still the same: traffic, impact to the environment/lake management, and taxes. He asked the Council to support RCE for this property as the amendment proposes. Common Council Minutes Page 3 May 9, 2006 Ruth Bluma, W170 S6966 Southern Drive, stated she likes the rural atmosphere. She wants wildlife preserved and larger lots. She supports the proposed amendment (Boundary #1). Ald. Schroeder noted that he received correspondence regarding Boundary #1 from two property owners. One is from an individual who owns property on Racine Avenue and opposes any change in that area. The other is from Mr. and Mrs. Hackbarth who live on Woods Road and support the proposed change. The Mayor declared the hearing closed at 8:14 PM. Mr. Muenkel was dismissed. It was announced that the Common Council would convene into closed session pursuant to Wis. Stats. §19.85(1)(g) 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 the Notice of Claim from William Carity regarding fill material at Northfield Green development. Salentine moved to convene into closed session. Madden seconded. Motion carried 7-0. Attorney Carlton was present on behalf of the City for this closed session. Attorney Molter and the Deputy Clerk were not present. Salentine moved to convene into open session at 8:55 PM. Madden seconded; motion carried. CONSENT AGENDA Salentine moved to approve the Consent Agenda items engross with the exception of the 4/25/2006 Council minutes. Borgman seconded. The following items were approved: Reso. #088-2006 - Appointment of Citizen Member to the Library Board Reso. #089-2006 - Approval of Continuation of Police Liaison Officer Program Reso. #090-2006 - Approval of Certified Survey Map - Spitzner Reso. #091-2006 - Approval in Reduction in Letter of Credit - Weatherwood Court Subdivision Reso. #092-2006 - Resolution Regarding Funding Support for Certain Library Positions Reso. #093-2006 - Approval of Final Payment - Woods Road Reconstruction Project Reso. #094-2006 - Resolution to Extend Temporary Part-Time Clerk/Telecommunicator Position Reso. #102-2006 - Appointment of Alternate Member(s) to the Board of Review Melcher requested correction to first page of the minutes to reflect that the New Berlin meeting was scheduled for April 26 and not May. Salentine moved to approve the 4/25/2006 Common Council minutes as corrected. Schroeder seconded; motion carried. Common Council Minutes Page 4 May 9, 2006 REVIEW OF COMMITTEE REPORTS Minutes of the 4/11/2006 Finance Committee, 4/18/2006 Plan Commission, 4/12/2006 Conservation Commission, 3/22/2006 Library Board and 3/30/2006 Senior Ad-Hoc Committee were reviewed. OLD BUSINESS Ord. #1213 - An Ordinance to Amend the Zoning Map of the City of Muskego (Carity Land Corporation/Belle Chasse - RS-2 to RS-2/OPD). On the floor, deferred 4/25/2006. Buckmaster noted the Plan Commission and Conservation Commission have reviewed the preliminary plat. The issues have been addressed. The setbacks are the same as required by RS-2 zoning and the average lot size is 19,000 sq. ft. He recommends the rezoning move forward. Madden confirmed that issues her constituents had were resolved. Motion carried 7-0. Ord. #1227 - An Ordinance to Amend the Zoning Map of the City of Muskego (Burke Properties RCE/OPD and A to RSE/OPD and A to A). Second Reading. Buckmaster moved for adoption. Schroeder seconded. Schroeder moved to defer. Melcher seconded; motion carried. NEW BUSINESS Reso. #095-2006 - Award of Bid - McShane Drive Water Main. Salentine moved for adoption. Schroeder seconded. Motion carried 7-0. Reso. #096-2006 - Award of Bid - Landscaping Improvements to Muskego Parks. Salentine moved for adoption. Melcher seconded. Motion carried 7-0. Reso. #097-2006 - Approval of Preliminary Plat - Belle Chasse Subdivision. Buckmaster moved for adoption. Madden seconded. Motion carried 7-0. Reso. #098-2006 - Resolution to Change the Position of Executive Assistant/Human Resources Coordinator. Salentine moved for adoption. Buckmaster seconded. Buckmaster moved to amend to give the employee 60 days’ notification following the action taken by the Council this evening. Madden seconded. Motion carried with Borgman voting no. Reso. #098-2006, as amended, adopted 7-0. Reso. #099-2006 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Woodland Creek Estates. Salentine moved for adoption. Madden seconded. Schroeder stated he recently purchased property from the developer and would abstain from voting on Reso. #099 and Reso. #100. Motion carried 6 in favor and Schroeder abstaining. Reso. #100-2006 - Approval of Final Plat, Subdivider’s Agreement and Letter of Credit for Woodland Creek Estates Addition No. 1. Salentine moved for adoption. Melcher seconded. Motion carried 6 in favor and Schroeder abstaining. Ord. #1228 - An Ordinance to Amend Chapter 9, Section 9.23, of the Municipal Code of the City of Muskego (Disposal of Abandoned Property). First Reading. Ord. #1229 - An Ordinance to Amend the 2010 Comprehensive Plan of the City of Muskego. First Reading. Madden noted that she will move to amend the ordinance Common Council Minutes Page 5 May 9, 2006 regarding the Thode Drive area to return it to the original use at the time of second reading. Buckmaster stated the issue would also be addressed at the Plan Commission. LICENSES Salentine moved for approval of regular operators’ licenses for Robert Seefeldt, John Krause, Heidi Henkel, Tiffany Miller, Robert Layne, Anne Dubats, Tracy Hanson, Tracy Laney, Amy Sherrer, Dani Chic as recommended by the 5/9/2006 Finance Committee. Madden seconded. Motion carried 7-0. Salentine moved to defer action on a change of agent for PH Green Bay, LLC (Pizza Hut). Borgman seconded; motion carried. The individual who is proposed to be the new agent did not attend the 5/9/2006 Finance Committee meeting. Salentine moved to approve the 2006-2007 Salvage and Recycling Permit for Kohne Salvage. Borgman seconded. Motion carried 7-0. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $719,978.72. Madden seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $17,991.38. Schroeder seconded. Motion carried 7-0. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW It was determined that citizen comment as an item on the Common Council agenda and the policy on privilege of the floor would be placed on the 5/25/06 Committee of the Whole agenda for discussion. It was announced that the Common Council would convene into closed session pursuant to Wis. Stats. §19.85(1)(g) 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 termination of lease with the Muskego Historical Society, Inc. Salentine moved to convene into closed session. Madden seconded. Motion carried 4-3 with Madden, Salentine, Buckmaster and Snead voting yes and Schroeder, Melcher and Borgman voting no. The Deputy Clerk was not present for closed session. Salentine moved to convene into open session at 10:15 PM. Madden seconded; motion carried. Reso. #101-2006 - Resolution to Approve Notice Terminating Tenancy (Muskego Historical Society, Inc.). Salentine moved for adoption. Buckmaster seconded. Mayor Damaske reviewed a timeline of events beginning with February, 2003 through May 8, 2006. Schroeder requested permission of the floor for Joe Roman, President of the Historical Society, to address the Council. There were no objections. Mr. Roman stated he has been president of the Society for less than four weeks. The Board is entirely new and has new ideas. Mr. Roman has a plan to proceed to move forward, Common Council Minutes Page 6 May 9, 2006 including a brick fundraising program, which the Parks & Recreation Board just approved. The Society wants to work with the City and be successful. The lease that was proposed was one-sided. Mr. McMullen reviewed the costs to repair the existing buildings, which total $304,960. Mayor Damaske stated he proposes the creation of an Ad Hoc Committee on the Muskego Settlement Centre. The committee would consist of 7 people. Schroeder encouraged the Council to vote to deny the resolution so the existing lease would be left in place. Borgman and Melcher agreed. Salentine called for the question. Reso. #101- 2006 defeated 7-0. It was announced that the Common Council would convene into closed session pursuant to Wis. Stats. §19.85(1)(f) Considering financial, medical, social or personal histories or disciplinary data of specific persons, preliminary consideration of specific personnel problems or the investigation of charges against specific persons except where par. (b) applies which, if discussed in public, would be likely to have a substantial adverse effect upon the reputation of any person referred to in such histories or data, or involved in such problems or investigations, more specifically discussion of pending duty disability claim. Borgman moved to convene into closed session. Madden seconded. Motion carried 7-0. Mr. McMullen, Atty. Molter and Deputy Clerk were dismissed. Borgman moved to convene into open session at 11:23 PM. Melcher seconded; motion carried. ADJOURNMENT Borgman moved to adjourn at 11:24 PM. Melcher seconded; motion carried. Respectfully submitted, Jill Blenski, CMC Deputy Clerk