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COMMON COUNCIL Minutes 20120626 COMMON COUNCIL - CITY OF MUSKEGO Approved 7-10-12 MINUTES OF MEETING HELD JUNE 26, 2012 Mayor Chiaverotti called the meeting to order at 7:28 p.m. Present were Ald. Madden, Schaumberg, Soltysiak, Borgman, Harenda and Wolfe, Police Chief Geiszler, Community Development Director Muenkel and Finance and Administration Director Mueller. Ms. Mueller stated that the meeting was properly noticed. COMMUNICATIONS FROM THE MAYOR’S OFFICE Mayor Chiaverotti proclaimed July at Recreation and Parks Month. PUBLIC COMMENT The following spoke: Jerry Le Claire, W176 S7511 Harbor Circle Heidi Lindhorst, S75 W18094 Boszhardt Lane Suzi Link, W172 S7297 Lannon Drive Tom Ralston, S81 W19386 Highland Park Drive Debra Bolton, W186 S7569 Kingston Drive Robert Lucas, W198 S8456 Bendingbrae Drive NEW BUSINESS Mayor Chiaverotti stated that there were four applicants to fill the unexpired term of the District 4 alderperson. They are Reno Berg, Blaise Di Pronio, Robert Glazier and Nancy Salentine; all were present. She distributed the interview questions and reviewed the process that would be followed. The Mayor requested that only the candidate being interviewed by the Council be present and the others leave the room. A primary vote will be taken to narrow the field to two candidates. The Aldermen asked each candidate a series of questions. Mayor Chiaverotti thanked all four of the applicants for their interest in the position. Paper ballots were distributed; the Mayor noted that the ballot had to be signed. The results of the first primary ballot were as follows: Blaise Di Pronio Voted by Ald. Wolfe Robert Glazier Voted by Ald. Borgman, Soltysiak, Schaumberg and Madden Nancy Salentine Voted by Ald. Harenda The results of the second primary ballot were as follows: Blaise Di Pronio Voted by Ald. Wolfe Robert Glazier Voted by Ald. Harenda, Borgman, Soltysiak, Schaumberg and Madden The following votes were then cast: Blaise Di Pronio Voted by Ald. Wolfe Robert Glazier Voted by Ald. Harenda, Borgman, Soltysiak, Schaumberg and Madden Sharon Mueller swore in Mr. Glazier who took his seat at the Council table. Common Council Minutes 2 June 26, 2012 The Council took a brief recess. PUBLIC HEARINGS Ms. Mueller read the public hearing notice to consider revisions to Chapter 36 – Wireless Communications Facilities – Section 36.04 (6) of the City of Muskego Municipal Code relating to Public Safety Communications. Police Chief Paul Geiszler was present. He stated that the City has attempted to receive cellular 911 calls directly. Currently Waukesha County Communication Center handles that and has been reluctant to relinquish it to the City. The City is legally entitled to receive the calls directly. The PSC and FCC have indicated that they cannot become involved in the issue. The City Attorney has proposed an amendment to the City’s Municipal Code, which addresses cell tower usage. The ordinance would give the City the right of first refusal. Chief Geiszler stated there is a time delay when the call initially goes to Waukesha County and is then routed to Muskego. He believes this delay is crucial in emergency situations. No one requested to speak on this matter; the Mayor declared the hearing closed. Ms. Mueller read the public hearing notice to consider the petition of Daniel Hewitt to rezone property, known as Tax Key No. 2195.999 located on Janesville Road, from RL-3 – Lakeshore Residence District to DR-1 – Downtown Revival District for continued and future commercial and residential uses. A 2020 Comprehensive Plan amendment will also be required for this parcel from Medium Density Residential to Commercial. Mr. Muenkel stated the subject parcel is known as D. J.’s Pub & Grill located on Janesville Road. The property is approximately 1.5 acres in size. It contains the pub, which has a living unit above and two residential structures. Mr. Hewitt is requesting the rezoning because the pub and one of the residential structures will be removed as part of Phase 2 of the Janesville Road Reconstruction Project. The property owner does intend to rebuild the pub and grill with residential units above it. The DR-1 zoning district was recently approved for P & L Insurance just 300 feet west of D.J.’s. It does encourage mixed use development. Plan Commission will review this petition at its July 9 meeting. The future development of the property will be subject to approval of the Plan Commission. The current commercial use has been legal nonconforming for quite some time. In order for Mr. Hewitt to rebuild a new restaurant, a rezoning is required as once the building is removed, the zoning in place (Single Family Residential) is what must be followed. Mr. Hewitt recapped Mr. Muenkel’s comments. He stated he would like to rebuild the restaurant and that is why the rezoning is being requested. Rick Burback, Burback Builders  Committed to working with the City to get the establishment rebuilt.  Plan is for a restaurant, which Muskego can use. The following spoke regarding the rezoning petition: Debra Bolton, W186 S7569 Kingston Drive  Opposes the rezoning because this is a lakeshore property and should remain residential.  Opposes commercial use as tavern because of the issues that arise.  Opposes commercial use adjacent to residential. Common Council Minutes 3 June 26, 2012 Heidi Lindhorst, S75 W18094 Boszhardt Lane  Does not know what future plans are.  Would like the tavern/restaurant built on Janesville Road and the residential structure on the lakefront.  Requests the Council wait to see a plan. Suzi Link, W172 S7297 Lannon Drive  Believes rezoning is premature. Plan Commission should review first and there should be a plan.  The City should allow them to replace what they currently have without rezoning.  Rezoning would require an amendment to the 2020 Comp Plan. Jerry Le Claire, W176 S7511 Harbor Circle  Does not want to see Mr. Hewitt lose his business.  Should allow current uses to be grandfathered.  Rezoning is premature; need to see plans first. David Taube, S75 W18687 Kingston Drive  Concerned about the density allowed in the DR-1 District.  Specific development details are missing for the Council to make a decision to rezone.  Plans should be approved by the Plan Commission first.  Concerned that incorrect decision could adversely affect the lake. John Lemke (Representing his mother)  Several of the buildings are in violation of offsets.  Any new structure should be properly placed on lot.  Mr. Hewitt told him he did not intend to rebuild the tavern. Jim Lindhorst, S75 W18094 Boszhardt Lane  Does not want the tavern to be relocated closer to his house. The Mayor clarified that the Council would not be voting on the rezoning at this meeting. The Plan Commission will review the rezoning at its July 9 meeting. The public hearing is held first so the Plan Commission can review the input. Mr. Muenkel stated that he does not believe there is any provision in the Municipal Code that would allow the existing uses to be grandfathered. He will consult with the City Attorney to see if there would be another option. He believes it would require a change to the zoning code. Ald. Wolfe  The road reconstruction is causing this situation. He would like the option of grandfathering to be looked at. Ald. Harenda  Suggests a plan be put together, which may alleviate some of the concerns. The Mayor noted that any questions should be directed to Mr. Muenkel. She told Mr. Hewitt that the plan must include all the structures on the property. Mayor Chiaverotti declared the hearing closed. Ms. Mueller read the public hearing notice to consider revisions to the 2020 Comprehensive Plan – Chapter 8 and Future Land Use Map. Common Council Minutes 4 June 26, 2012 Mr. Muenkel stated that the Council adopted Reso. #049-2012 in April. This resolution formally terminated previous resolutions concerning the City pursuing the purchase of various Little Muskego lakefront properties for future park purposes. The resolution also directed staff to bring forth 2020 Comprehensive Plan amendments to possibly remove the “Future Lake Access” notations from the Plan. These references consist of removing the paragraphs in Chapter 8 found on Page 218 and the text and map notations crossed out on the 2020 Land Use Map. The proposed ordinance will be reviewed by the Plan Commission on July 9, which would remove the references in totality. However, staff will recommend to the Plan Commission that not all lake park references be removed from the Plan. Mr. Muenkel stated doing this will preserve the intent of the 2020 Comprehensive Plan when it was adopted. The following spoke regarding the proposed amendments: David Taube, S75 W18687 Kingston Drive  Requested clarification regarding the “Statement of Intent” for the DR-1 Zoning District. Jerry Le Claire, W176 S7511 Harbor Circle  Concerned about the staff recommendation to leave some of the lake park references in. Heidi Lindhorst, S75 W18094 Boszhardt Lane  Believes all the lake park references should be removed. Debra Bolton, W186 S7569 Kingston Drive  She supports all the lake park reference being removed. Suzi Link, W172 S7297 Lannon Drive  View sheds were discussed in the past.  Does not like that staff are undercutting direction from the Council. Rob Lucas, W198 S8456 Bendingbrae Drive  There is a minority who do not want development on the lake.  The Council should consider the staff recommendation. It provides flexibility for the future. It is common sense to only strike the specific parcels that have requested it. A lot of effort was put into the 2020 Plan. David Taube, S75 W18687 Kingston Drive  Strike all references. Ald. Borgman stated his objections to holding the public hearing before the issue goes to the Plan Commission for review and a recommendation. Mr. Muenkel stated that the Plan Commission has requested the input from the public hearing. This process was established before the department was under his direction. The Mayor closed the public hearing and thanked all those that attended. UNFINISHED BUSINESS Reso. #054-2012 – Resolution of the City of Muskego Common Council to Adopt the Economic Development and Marketing Plan 2012. On the floor, deferred May 8, 2012. The following discussion took place: Common Council Minutes 5 June 26, 2012 Ald. Harenda asked if the wording could be changed to indicate that high density is not being encouraged on the lake. Mr. Muenkel stated the language is a consultant’s recommendation; there is nothing binding. The Mayor stated this was an opinion that was asked for and paid for. She is not comfortable making changes. Ald. Madden agreed. Ald. Wolfe disagreed. He believes it is within the power of the Council to make changes. Ald. Glazier stated the City hired the consultants to obtain an opinion; it is to be used as a guide. Motion to adopt carried 7 in favor. CONSENT AGENDA Ald. Borgman moved to approve the remaining items under the Consent Agenda. Ald. Glazier seconded. Motion carried 7 in favor. The following items were approved: Approval of Operators’ Licenses for Tierney Berigan, Stephanie Bluemel, David Boyce, Brian Chic, Dawn Consentino, Kim Coubal, Gail Dickow, Mark Dumont, Alexander Eversum, Rachael Felda, Scott Fischer, Nicole Harmeyer, JoEllyn Hecimovich, Kathleen Heinz, Lisa Kisting, Ann Knepper (subject to a six-month review), Tracy Lang, Meghan Lau, Doris Leighton, Kimberly Lococo, Erin McGowan, Sandra Meier, Kristine Nimmer, Samantha Osborne, Debra Renk, Michael Schuh, Ericka Schulta, Patti Schultz, Sheila Schultz, Mark Sommers, Heather Stigler, Stacy Trebby and Richard Vernon, Jr. Approval of Common Council Minutes – June 12 and June 21, 2012 Reso. #067-2012 – Wisconsin Department of Natural Resources NR 208 – Compliance Maintenance Resolution for 2011 Reso. #068-2012 – Approval of Various License Applications for the City of Muskego for the Licensing Period July 1, 2012 to June 30, 2013. Reso. #069-2012 – Approval of Janesville Road Landscape Expenditure (Tess Corners Area) REVIEW OF COMMITTEE REPORTS The following minutes were reviewed: 5/14/2012 Parks & Recreation Board, 5/2 2012 Public Works Committee, 5/15/2012 Community Development Authority. FIRST READING OF ORDINANCES Ord. #1361 – An Ordinance to Amend the Zoning Map and Comprehensive Plan of the City of Muskego (Hewitt – RL-3 to DR-1). Ord. #1362 – An Ordinance to Amend the 2020 Comprehensive Plan of the City of Muskego. Common Council Minutes 6 June 26, 2012 LICENSE APPROVAL Ald. Soltysiak moved to approve the following: Temporary License to Sell Fermented Malt Beverages Muskego Lions Club – July 6 and August 3, 2012 – Jammin’ on Janesville S75 W17475 Janesville Road – DeWinter Eye Care Muskego Area Chamber of Commerce – July 6, 2012 – Jammin’ on Janesville S74 W17095 Janesville Road – North Shore Bank Ald. Schaumberg seconded. Motion carried 7 in favor. VOUCHER APPROVAL Ald. Borgman moved for approval of payment of Utility Vouchers in the amount of $66,655.26. Ald. Harenda seconded. Motion carried 7 in favor. Ald. Borgman moved for approval of payment of General Fund Vouchers in the amount of $240,322.99. Ald. Harenda seconded. Motion carried 7 in favor. CITY OFFICIALS’ REPORTS The July calendar was reviewed. The Mayor distributed the budget calendar. She also noted that she has been consulting with the Fire Chief on a daily basis regarding a potential burn ban. Permits for fireworks would not be included if a ban on burning is put in place. A special Council meeting may have to be called to address fireworks. CLOSED SESSION The Mayor announced that the Council would convene into closed session. Ald. Harenda moved 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 negotiations for 2012. Ald. Soltysiak seconded; motion carried. OPEN SESSION Ald. Borgman moved to reconvene in open session. Ald. Wolfe seconded; motion carried. ADJOURNMENT Ald. Glazier moved to adjourn at 11:05 p.m. Ald. Soltysiak seconded; motion carried. Minutes transcribed by Jill Blenski, CMC Deputy Clerk