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CCM20070227 COMMON COUNCIL - CITY OF MUSKEGO Approved: 03/13/2007 MINUTES OF MEETING HELD FEBRUARY 27, 2007 The meeting was called to order at 7:30 PM by Mayor Johnson. Present were Ald. Borgman, Buckmaster, Madden, Melcher, Salentine, Schaefer and Snead, City Attorney Larson, City Administrator Sheiffer, Plan Director Muenkel, Clerk-Treasurer Moyer and Parks and Recreation Director Anderson. Those present recited the Pledge of Allegiance. The Clerk stated that the meeting was noticed in accordance with the open meeting law on 2/23/2007. COMMUNICATIONS FROM THE MAYOR’S OFFICE The Mayor stated that Muskego Volunteer Fire Company signed a revised agreement with the same language as in the Tess Corners agreement; approval will be on the next Council agenda. He also noted that MMSD has set a moratorium on the southern part of the City. PUBLIC HEARING The Clerk read the notice of public hearing to consider the petition of Alvin Basse to amend the Basse Planned Development (PD-42 Zoning District) located along the north side of Janesville Road from Bay Lane Drive to Martin Drive. The current Planned Development zoning is already in place and a development is now proposed for these properties that requires amendments to the existing Planned Development. Mr. Muenkel stated that the zoning is already in place. The Common Council previously approved the development of multifamily housing under the RM-1 and RM-2 zoning districts. The developer is now requesting to amend the approved Planned Development to allow the following:  a 24-unit and a 36-unit structure as part of the development  the heights of the 24-unit and the 36-unit structures to be 36 feet as measured by code  development of a future 1.5 acre commercial parcel located at the NE corner of Bay Lane Drive and Janesville Road under the B-2 zoning district Mr. Muenkel stated that the overall density would not change. He reiterated that the existing zoning allows for multifamily development. The developer is only requesting the three variables as stated. Mr. Muenkel clarified that the developer originally proposed 96 units in a concept plan that was reviewed by the Plan Commission last year. Now, 88 units are proposed. An amendment to the 2010 Comp Plan would not be needed. The following individuals spoke: Greg Petrauski, Lindemann Properties, W161 S7079 Olive Circle. He owns 24 of the Lindale Villas Condos along with the Lindemann Family. Those condos are adjacent to the proposed development. Several of the condo owners object to the height of the proposed buildings. Mr. Petrauski stated the developers should be held to the same standards that he was three years ago (No building larger than 16 units and no increased building height). Mr. Petrauski read a portion of a letter submitted by Carol Common Council Minutes Page 2 February 27, 2007 Casey, W162 S7001 Oliver Circle, which expressed a concern about an increase in traffic and people cutting through Olive Circle to reach Martin Drive. Alvin Basse, W179 S6659 Ranch Drive. It is his intent to have a quality development that will be an asset to Muskego. He asked that the Council consider his petition. Bill Carity stated he represents the Basse Family. He explained the rationale for the proposed development. The entire site is 14.6 acres. Mr. Carity stated that the proposed 1.5-acre commercial site would provide a transition to the redevelopment of the downtown area along Janesville Road. No access will be permitted off of Janesville Road for the commercial site. The proposed development of the remainder of the site depicts two two-family buildings, two four-family buildings, a 16-unit building, a three- story 24-unit building and a three-story 36-unit building. There will be one access on Janesville Road. The emphasis on the plan is the preservation of open and green spaces. Mr. Carity stated that 12% of the City’s population is age 65 or over. The proposed plan is trying to meet the needs of that population and provide architectural variety. Ald. Buckmaster asked how traffic issues would be addressed on Janesville Road until the reconstruction is completed. Mr. Carity stated the issues would have to be resolved with Waukesha County. The following individuals spoke against: Alma Klemann, W164 S7121 Raven Road Bob Wisinski, S72 W16227 Edith Court Margaret Ellenbecker, S70 W16379 Hedgewood Drive Eric Lubarsky, S70 W16367 Hedgewood Drive The following concerns were expressed:  increase in traffic  height of buildings  proposed buildings are too large  view of parking lot for existing residents  prefer privately-owned properties  property values, resale value  danger to small children playing outside Mayor Johnson noted that written correspondence was received from two residents on Olive Court (Jerry and Karen Donnelly and Carol Casey). Both letters will become part of the record of the meeting. The Mayor declared the hearing closed. The Council took a brief recess. CONSENT AGENDA Mayor Johnson noted that Reso. #045-2007 - Acceptance of Quote for Storm Sewer Pipe - Kelsey Drive Installation would be removed from the Consent Agenda. Salentine moved to approve the Consent Agenda items engross. Buckmaster seconded. Motion carried 7-0. The following items were approved: Common Council Minutes Page 3 February 27, 2007 Common Council Minutes of 2/13/2007 Reso. #035-2007 - Establishing Traffic Regulations (Cherrywood Drive and Westfield Way). Reso. #036-2007 - Resolution Authorizing the City of Muskego Representative to File Recycling Grants. Reso. #037-2007 - Approval of Reduction in Cash Balance - Knudsen. Reso. #038-2007 - Resolution to Create City Engineer Interview Committee. Reso. #039-2007 - Resolution to Accept Quote for Commercial Docks at Idle Isle Boat Launch. Reso. #040-2007 - Appointment to Muskego Planning Commission. Reso. #041-2007 - Approval of Certified Survey Map - Richard Knudsen II Reso. #042-2007 - Acceptance of Quote for Brush Chipper for Dept. of Public Works. Reso. #043-2007 - Resolution to Create the Position of Planner and Approve the Job Description and Salary Range. Reso. #044-2007 - Resolution to Confirm the Promotion of Adam Trzebiatowski for the Position of Planner and to Establish Salary. Mr. Anderson left the meeting. REVIEW OF COMMITTEE REPORTS Minutes of the 1/18/2007 Committee of the Whole, 1/23/2007 Finance Committee, 1/16/2007 Plan Commission, 12/11/2006 Public Works Committee, 11/13/2006 Public Utilities Committee, 1/8/2007 Parks and Recreation Board, 1/22/2007, 1/29/2007 and 2/12/2007 Citizen Study Committee on the Future of City Owned Settlement Center Property and 10/19/2006, 11/15/2006, 12/1/2006 and 12/14/2006 Police and Fire Commission were reviewed. OLD BUSINESS Ord. #1250 - An Ordinance to Amend Chapter 9, Section 9.05 (3), of the Municipal Code of the City of Muskego (Loud and Unnecessary Noise Prohibited). Second Reading. Salentine moved for adoption. Borgman seconded. Salentine stated that removing the ability to operate construction equipment on Sundays could pose problems for the average homeowner. The Mayor said the intent was to prohibit commercial construction on Sundays. Buckmaster moved to refer back to the Public Works Committee. Salentine seconded; motion carried. Reso. #024-2007 - Approval of Preliminary Plat - Stagecoach Trail. On the floor, deferred 2/13/2007. Melcher moved to defer because he is still researching some issues. Borgman seconded. Borgman agreed to withdraw his motion to allow for discussion. Buckmaster stated that the approval for this should follow the process required by the City’s ordinances in a timely fashion. He will not support a third deferral without compelling information to do so. Mayor Johnson requested that any information discovered by Ald. Melcher contrary to what the City knows now should be brought Common Council Minutes Page 4 February 27, 2007 forward. Borgman stated that a plume of something underground began moving last week as reported by the people doing the water study; he does not believe the area should be developed yet. The Mayor stated the required approvals from the other agencies, such as the DNR, did not raise any flags. Melcher stated there are many serious questions and concerns that need to be answered. Atty. Larson noted that both state law and the City’s ordinances say that failure to act within 90 days of filing constitutes an approval with no conditions. Buckmaster stated that the developer was given a list of objectives and conditions; he came back and met them. Borgman seconded the motion to defer. Motion failed 3-4 with Schaefer, Melcher and Borgman voting yes and Madden, Salentine, Buckmaster and Snead voting no. Motion to adopt Reso. #024-2007 carried 4-3 with Madden, Salentine, Buckmaster and Snead voting yes and Schaefer, Melcher and Borgman voting no. Reso. #027-2007 - Approval of Condominium Plat, Developer’s Agreement and Letter of Credit for St. Andrews Phase 2. On the floor, deferred 2/13/2007. Salentine moved to defer. Madden seconded; motion carried. Reso. #034-2007 - Approval of Purchase of Phoenix Software for Muskego Police Department. On the floor, deferred 2/13/2007. Salentine moved to defer. Schaefer seconded; motion carried. NEW BUSINESS Ord. #1251 - An Ordinance to Amend the Zoning Map of the City of Muskego (Basse Planned Development - PD-42). First Reading. Mr. Muenkel was dismissed. LICENSES Salentine moved for approval of an Operator’s license for Virginia Bennett and Richard Vernon, Jr. Borgman seconded; motion carried. Salentine moved for approval of Robert Yesbeck as the new agent for Kwik Trip. Borgman seconded; motion carried. VOUCHER APPROVAL Salentine moved for approval of payment of General Vouchers in the amount of $1,058,966.77. Borgman seconded. Motion carried 7-0. Madden moved for approval of payment of Utility Vouchers in the amount of $64,324.89. Borgman seconded. Motion carried 7-0. Salentine moved for payment of Tax Checks in the amount of $4,544,350.44. Borgman seconded. Motion carried 7-0. CITY OFFICIALS’ REPORT The March calendar was reviewed. The Mayor stated that Tri-Data will present the results of the fire study at the 3/15/2007 Committee of the Whole meeting. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Buckmaster stated that the City of Muskego/Muskego Historical Society Agreement would proceed to the 3/13 Council meeting as the Citizen Study Committee has completed it tasks. Common Council Minutes Page 5 February 27, 2007 ADJOURNMENT Buckmaster moved to adjourn at 9:05 PM. Salentine seconded; motion carried. Janice Moyer, CMC, CMTW Clerk-Treasurer