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COMMON COUNCIL Minutes - 11/11/2014 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES November 11, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:00 PM. PLEDGE OF ALLEGIANCE ROLL CALL Present: Mayor Kathy Chiaverotti, Aldermen Madden, Kubacki, Engelhardt, Di Pronio, Borgman, and Hammel. Absent: Alderman Wolfe. Also present: Community Development Director Jeff Muenkel and Recording Secretary Kellie McMullen. STATEMENT OF PUBLIC NOTICE The meeting was noticed in accordance with the open meeting laws on November 7, 2014. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor Chiaverotti acknowledged that today is Veteran's Day and thanked all veterans for their service. The American Legion dedicated a brick today at Old Town Hall in honor of the City's 50th Annviersay and the local veterans. Mayor Chiaverotti thanked the election clerks on a smooth election process. Mayor Chiaverotti noted the City's official 50th Anniversary was Sunday November 9th and was celebrated with a well-attended pancake breakfast. Mayor thanked the Task Force for the 50th Anniversary led by Tracy DeAngelis, the businesses and local organizations for their support, staff members, youth groups from Whitnall and Muskego, and the Aldermen. PUBLIC COMMENT City Residents and Taxpayers Only – Speakers will be limited to making comments related to all agenda items excluding closed session items relating to employment and labor issues. Comments will be limited to two minutes per speaker per agenda item. There will be no discussion by/with the Common Council during Public Comment. The following individuals registered to speak:  Debra Bolton, W186 S7543 Kingston Drive  Suzi Link, W172 S7297 Lannon Drive  Jon Lemke, S75 W18104 & 08 Boszhardt Lane  David Taube, S75 W18687 Kingston Drive  Robert Harvey, S73 W14275 Woods Road  Jim & Heidi Lindhorst, Boszhardt Lane  Lorie Oliver, S75 W17674 Harbor Circle Common Council Minutes 2 November 11, 2014 CONSENT AGENDA Items listed under consent agenda will be approved in one motion without discussion unless any Council member requests that an item be removed for individual discussion. That item then can be acted on separately at the same meeting under the part of the meeting it would normally appear. Alderman Borgman made a motion to approve the consent agenda engross. Alderman Kubacki seconded. Motion Passed 6 in favor. Approval of Operator Licenses Reso. #092-2014 - Proceedings by the Common Council of the City of Muskego to Discontinue and Vacate a Road Right-of-Way in the City of Muskego, Wisconsin (Wauer Lane) Reso. #093-2014 - Dedication and Acceptance of Public Improvements in and for Tudor Oaks Retirement Community and Release of Cash Deposit Reso. #094-2014 - Approval of Certified Survey Map - Commerce Drive Reso. #095-2014 - Approval of Quit Claim Deed - Muskego Commerce Center Approve Acquisition Contracts and Authorize Signatures for Budget Approved Expenditures Over $50,000 - DPW Multi-purpose Machine to be Used Primarily for Snow Removal NEW BUSINESS UNFINISHED BUSINESS Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment). On the floor and deferred 10/14/2014. Plan Commission Recommendation November 4, 2014. Director Muenkel explained Plan Commission, at the last meeting, recommended approval of this item and Attorney Larson has drafted an amended ordinance with changes reflecting Plan Commission's stipulations and contingencies. Director Muenkel and City Attorney Eric Larson discussed the protest petition that was filed by Jim and Heidi Lindhorst with Council members. They explained, based on staff and City Attorney opinion, it does not meet the statutes and ordinances and is not a valid petition to require a super majority vote. Ald. Borgman expressed the following concerns with amending PD-14:  The Developer's Agreement allows 74 condo units and states buildings will be no bigger than 6 units each and the proposed building is 12 units  Contradicts the intent of the western property being single family homes  Tax bills are being paid on less property than being calculated  Public Launch will be required by the DNR  Violates the 2020 Comprehensive Plan by placing high density in a medium density area Common Council Minutes 3 November 11, 2014 Director Muenkel clarified the following:  The Developer's Agreement specific for Bay Breeze included the 74 units and 6 unit buildings, which applied to Bay Breeze not the western portion. The Developer's Agreement of 1992 allows for 7 single family homes to the west and the mixed use facility was replaced with 10 single family homes.  There is existing/underlying zoning in place but Council has the opportunity to change it.  A public launch is not required for this area as public access exists less than a 1/2 mile away already.  The 2020 Comp Plan is based on overall density per unit, and is not single family or multi family specific. The Plan Commission recommendation was based on the density per gross acreage. The Comp Plan separates out Bay Breeze as high density and the rest as medium. Ald. Kubacki stated he looks at this development as Bay Breeze is completely separate, while including the DJ property. Ald. Kubacki reviewed the 2020 Comp Plan and feels there is an opportunity for change and growth according to the plan. Believes this plan meets the City and Comp Plan requirements and feels this plan is a win for the City. Ald. Hammel expressed concerns with this development. He stated the Bay Breeze condos are already maxed out with 74 units. This development is using the eastern property for density but it's not being developed. The common areas are not centralized on the property and all the units are on one half of the property. Mayor Chiaverotti explained that is the purpose of a Planned Development and has been done in other areas of the city. Ald. Hammel stated he doesn't feel this development meets the spirit of intent of the codes. Ald. Hammel made a motion to call the question. Ald. Madden seconded. Motion passed 6-0. Alderman Madden made a motion to approve Ord. #1385 - An Ordinance to Amend the Zoning Map of the City of Muskego (Ener-Con Companies, Inc. - RL-3 to PD-14 and PD-14 Amendment) as presented. Alderman Kubacki seconded. Motion Passed 4 in favor 2 opposed. Ald. Hammel and Ald. Borgman voted no. Ord. #1390 - An Ordinance to Amend the Zoning Map of the City of Muskego (Briohn Building Corporation - BP-1 to BP-3). Second Reading. Plan Commission Recommendation - November 4, 2014. Alderman Madden made a motion to approve Ord. #1390 - An Ordinance to Amend the Zoning Map of the City of Muskego (Briohn Building Corporation - BP-1 to BP- 3). Alderman Kubacki seconded. Motion Passed 6 in favor. REVIEW OF COMMITTEE REPORTS Finance Committee - October 14, 2014 Plan Commission - October 7, 2014 Common Council Minutes 4 November 11, 2014 LICENSE APPROVAL Approval of New Agent (Edward Rupp) for "Class B" License held by K & E, Inc. d/b/a Mug Z's Pub & Grill, W194 S7060 Hillendale Drive Alderman Kubacki made a motion to approve of New Agent (Edward Rupp) for "Class B" License held by K & E, Inc. d/b/a Mug Z's Pub & Grill, W194 S7060 Hillendale Drive. Alderman Borgman seconded. Motion Passed 6 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Borgman made a motion to approve Utility Vouchers in the amount $88,144.04. Alderman Hammel seconded. Motion Passed 6 in favor. Tax Vouchers General Fund Vouchers Alderman Borgman made a motion to approve General Fund Vouchers in the amount of $922,709.12. Alderman Kubacki seconded. Motion Passed 6 in favor. Wire Transfers for Debt Service Wire Transfers for Payroll Transmittals Alderman Borgman made a motion to approve Wire Transfers for Payroll Transmittals in the amount of $332,601.85. Alderman Hammel seconded. Motion Passed 6 in favor. CITY OFFICIALS' REPORTS City Calendar: http://www.cityofmuskego.org/Calendar.aspx COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW FUTURE AGENDA ITEMS ADJOURNMENT Alderman Madden made a motion to adjourn at 8:23 PM. Alderman Engelhardt seconded. Motion Passed 6 in favor.