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COMMON COUNCIL Minutes 20100928 COMMON COUNCIL - CITY OF MUSKEGO Approved: 10/26/2010 MINUTES OF MEETING HELD SEPTEMBER 28, 2010 Mayor Johnson called the meeting to order at 7:35 p.m. Present were Ald. Fiedler, Schaumberg, Soltysiak, Werner, Harenda, and Snead, Community Development Director Muenkel, and Finance and Administration Director Mueller. Ald. Borgman was absent. Ms. Mueller stated that the meeting was noticed in accordance with the open meeting law on September 24, 2010. Those present recited the Pledge of Allegiance. COMMUNICATIONS FROM THE MAYOR’S OFFICE th A Proclamation for the Muskego Lions Club 60 anniversary was read. Reso. #104-2010 - Resolution Honoring City of Muskego Eagle Scout Nicholas John Tretow. Ald. Harenda moved. Ald. Soltysiak seconded. Motion carried 6 in favor. The Resolution was presented to Nicholas. PUBLIC HEARING The public hearing notice was read to consider the petition of Mark Taylor to rezone property known as Tax Key Numbers 2223.998.004, 2223.998.005, 2223.998.006 and the Willow Glen Road Right-of-way located on Racine Avenue from RM-1 - Multiple Family Residence District and RS-2 - Suburban Residence District to a PD Planned Development District for the purpose of allowing additional multi-family development within the Willow Glen complex. Planned Development zonings allow flexibility within the typical zoning guidelines. Mr. Muenkel stated that the petition was to rezone the property to a PD - Planned Development District. A planned development allows the petitioner to go outside the parameters of regular rezoning because they may want to establish some unique aspects for the overall development. The current zoning is RM-1 - Multiple Family Residence District and RS-2 - Suburban Residence District. The RM-1 zoning allows one unit for every 5,000 square feet of land area. The RS-2 district allows one single-family residence for every 20,000 square feet of land area. The petitioner would like to base the density of the planned development using the guidelines of the RM-1 and RM-2 zoning districts. The RM-2 zoning allows one unit for every 10,000 square feet of land area. Mr. Muenkel noted that the proposal would not require an amendment to the existing 2020 Comprehensive Plan. Mr. Muenkel stated the parcel is located on Racine Avenue, just south of City Hall. The petitioner is proposing to keep the existing four buildings, which consist of 32 units, and a commons building. Those meet the existing RM-1 zoning. The new proposal is to add an additional 44 units within 11 new buildings. The new units would be developed to the east of the existing buildings. The density allowed for the portion of the parcel to be developed is 40 units. However, a 10% density bonus is allowed under the Planned Development Zoning District with the approval of the Common Council. The petitioner is requesting the bonus, which would result in a total of 44 new units. Common Council Minutes Page 2 September 28, 2010 The Plan Commission reviewed several concept plans for this parcel several years ago. This year, the Plan Commission looked favorably at the type of concept being proposed with several parameters being met prior to the rezoning being approved. Those include updates to the existing buildings, a substantial amount of open space to serve as a buffer, and the possible vacation of the right-of-way from the Country Brook Subdivision. Ald. Werner noted that however the parcel is developed, storm water management is a big concern and must be addressed so there is no impact to the adjacent subdivisions. The following individuals stated their concerns about the rezoning: Donna Engler, W177 S8341 Clearbrook Drive  Opposed  Property values could be affected  Prefers solitude and quietness of her subdivision  Concerned that additional units will create drainage issues Warren Voeks, S83 W17457 Cedarcrest Lane  Concerned with the egress and ingress  Would like the unbuilt road right-of-way vacated  Not opposed to the apartments  Concerned with storm water issues Troy Vande Yacht, S84 W17749 Orchard Court  Opposed - keep existing zoning  Prefers residential development vs. multifamily  Would also like the road right-of-way vacated  Concerned about the flexibility that the Planned Development District allows Georgiane Berich, W177 S8375 Clearbrook Drive  Lives next to the egress  Concerned about the development of multifamily  Significant number of unknowns regarding the development  Would like to retain property values and integrity of the subdivision Steve Dryja, W182 S8394 Racine Avenue  Are sewer laterals large enough to handle additional units?  Is existing access road large enough to handle additional traffic?  Will crime increase?  A previous concept plan was for 26 units; what happened to it?  Is access sufficient for emergency vehicles to get to the site? Mr. Mark Taylor of Landcraft Survey & Engineering appeared on behalf of the developer. He noted that the plan did take the adjacent subdivision into consideration. He agrees that the road right-of-way should be vacated and that as much open space as possible should be preserved. Mr. Taylor also noted the following about the proposal: Common Council Minutes Page 3 September 28, 2010  The buildings are more than 420 feet away from the property line.  Storm water management will be addressed. The developer is required to control all the water from the site. The development would actually provide for an on-site retention pond where there currently isn’t any.  Entry road would be rebuilt. The issue of access for emergency vehicles would be addressed.  The existing buildings will be upgraded. Some of the improvements, such as window replacement, have already begun.  More landscaping will be done to improve the development.  Private outdoor entries and two-car garages will be provided. All the garages will face into the property.  The existing buildings are on wells. It is proposed that all the buildings would connect to City water service.  The existing community building would be demolished and replaced with a new one. The Mayor closed the public hearing. CONSENT AGENDA Ald. Harenda moved to approve the items under the Consent Agenda. Ald. Werner seconded. Motion carried 6 in favor. The following items were approved: Operators’ Licenses for Alexandra Albert, Elizabeth Birky, Joshua Geier, Emily Hovarter, Doris Leighton, David Lewis, Doree Trapp, Diane Whitehouse and Dane Wojciehowski Common Council Minutes - September 14, 2010 UNFINISHED BUSINESS Ord. #1331 - An Ordinance to Amend Chapter 10, Section 10.03, of the Municipal Code of the City of Muskego (Public Nuisances Affecting Health - Smoke Free Law). Second Reading. Ald. Werner moved for adoption. Ald. Snead seconded. Ald. Soltysiak confirmed that the issue was discussed at the Public Safety Committee. He believes the law is ambiguous and does not know if any benefit is derived from the City’s adoption of it. Enforcement is there; he does not see the need to adopt this at the local level. Mayor Johnson responded that enforcement is then done through the District Attorney’s office in Waukesha County. Ald. Werner stated the Public Safety Committee, by majority vote, recommended to forward the ordinance to the Council. The District Attorney’s office would probably not pursue any charges. This was done so Muskego can handle enforcement at the municipal level. Ald. Fiedler stated he disagreed with the state law, but efficiency of enforcement is important to the administration of city government. Motion carried 5 in favor and Ald. Soltysiak voting no. NEW BUSINESS Reso. #098-2010 - Resolution of the City of Muskego Common Council for the Second Amendment to the Redevelopment District No. 2 Project Area. Ald. Fiedler moved for Common Council Minutes Page 4 September 28, 2010 adoption. Ald. Werner seconded. Mr. Muenkel stated the Community Development Authority (CDA) went through the extensive process to review and then approve the amendment; the plan now includes the entire Janesville Road reconstruction route. It is an effort by the CDA to take measures to provide support to the parcels afftected by the reconstruction project. Mr. Muenkel outlined the main changes to the plan as follows:  The map itself. The boundaries were extended to Racine Avenue on the west side and Bay Lane on the east. The historic Pioneer Drive area is also included now.  Identifying redevelopment opportunities.  Measures for beautification and upkeep.  Identifying different financial aids. This includes a potential residential grant program, as many of the parcels being included in the amendment are residential.  No land acquisitions or relocations are included in the amended plan at this time. Comments by the Council: Ald. Fiedler - Expressed concern about financial aid for residential properties in an area that will most likely become commercial in the future. Mr. Muenkel commented that it is just an idea within the plan. The Council would review and have to adopt a resolution in the future if the financial aid went forward. Ald. Harenda - Expressed concern about the residential properties west of Pioneer Road being added to the plan. He is on the CDA and voted against the amendment. He is concerned that financial assistance is in the plan for residential properties. How will the property owners feel if the Council does not approve the financial aid? Ald. Soltysiak - Also serves on the CDA and voted against the inclusion of the residential properties. He believes the focus of the CDA should be on business development and helping them so they stay during the reconstruction project as well as continue to grow. Focusing on business will benefit the community as a whole. Ald. Werner - Served on the CDA in the past. He wants to see the amended plan move forward. The CDA did its review and made a decision, which the Council should respect. The Mayor stated a redevelopment district is all about aesthetics. The area contains mixed uses so the focus should not only be on the business aspect. Vote: Fiedler, Werner and Snead voted yes. Schaumberg, Soltysiak and Harenda voted no. Mayor Johnson voted because of the tie and cast a yes vote. Motion carried 4 in favor. Reso. #099-2010 - A Resolution Authorizing Execution of WMWI Metro Landfill Facility Greenspace Protection and Limited Landfill Expansion Agreement between Waste Management of Wisconsin, Inc. and the City of Franklin, the City of Muskego, the Town of Raymond, the Town of Norway, Waukesha County, Racine County and Milwaukee County. Ald. Fiedler moved for adoption. Ald. Snead seconded. Motion carried 6 in favor. Common Council Minutes Page 5 September 28, 2010 Reso. #100-2010 - Approval of Intergovernmental Cooperation Agreement between the City of Franklin and the City of Muskego (Ryan Creek Interceptor Sewer). Ald. Fiedler moved for adoption. Ald. Harenda seconded. Motion carried 6 in favor. Reso. #101-2010 - Acceptance of Proposal Submitted by Ruekert & Mielke for the Fountainwood Drainage Study. Ald. Harenda moved for adoption. Ald. Werner seconded. Motion carried 6 in favor. Reso. #102-2010 - Acceptance of Proposal Submitted by Graef-USA, Inc. for the Circle Drive and Cornell Drive Drainage Studies. Ald. Soltysiak moved for adoption. Ald. Harenda seconded. Motion carried 6 in favor. Reso. #103-2010 - Resolution Regarding Land Acquisitions for the Durham Drive Reconstruction Project. Ald. Fiedler stated that he would leave the room and abstain from voting regarding this issue upon the advice of the City Attorney. Ald. Werner moved for adoption. Ald. Schaumberg seconded. Motion carried 5 in favor and Ald. Fiedler abstaining. REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 8/16/2010 Public Works Committee, 8/9/2010 Parks and Recreation Board and 8/17/2010 Community Development Authority. FIRST READING OF ORDINANCES Ord. #1332 - An Ordinance to Amend the Zoning Map of the City of Muskego (Willow Glen - RM-1 and RS-2 to PD). LICENSES Ald. Werner moved to approve a “Class A” Retailers’ License for the Sale of Fermented Malt Beverages and Intoxicating Liquor for Wal-Mart Stores East, L.P. d/b/a Wal-Mart Supercenter #4677, W159 S6530 Moorland Road. Ald. Snead seconded. Motion carried 6 in favor. VOUCHER APPROVAL Ald. Snead moved for approval of payment of General Vouchers in the amount of $152,005.74. Ald. Fiedler seconded. Motion carried 6 in favor. Ald. Snead moved for approval of payment of Utility Vouchers in the amount of $66,130.06. Ald. Fiedler seconded. Motion carried 6 in favor. CITY OFFICIALS’ REPORT The October calendar was reviewed. COMMUNICATIONS AND MISCELLANEOUS BUSINESS Ald. Snead noted some upcoming events and encouraged the Council to attend. Common Council Minutes Page 6 September 28, 2010 ADJOURNMENT Ald. Snead moved to adjourn at 9:05 p.m. Ald. Harenda seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk.