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COMMON COUNCIL Minutes - 9/23/2014 Unapproved CITY OF MUSKEGO COMMON COUNCIL MINUTES September 23, 2014 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:00 p.m. ROLL CALL Present were Aldermen Madden, Kubacki, Engelhardt, Di Pronio, Borgman, Hammel and Wolfe. Also present: Community Development Director Muenkel, Director of Finance and Administration Mueller and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was properly noticed. COMMUNICATIONS FROM THE MAYOR'S OFFICE The Mayor stated that State Senator Mary Lazich and State Representative David Craig presented the City with a plaque in honor of its 50th anniversary. The City was ranked the "Safest City in the State" by Movoto. The City will not proceed with the Park Arthur West bid. NEW BUSINESS Mayor Chiaverotti stated that Resolution #073 would be removed from the Consent Agenda. Resolution #073-2014 – Resolution Authorizing the Redemption of Sewer System Revenue Refunding Bonds, Series 2005. Alderman Kubacki made a motion to approve. Alderman Madden seconded. Motion passed 7 in favor. Ms. Mueller stated that the redemption will save the sewer utility approximately $250,000. Following adoption of the resolution, Ms. Mueller was dismissed. PUBLIC COMMENT – No one registered to speak. PUBLIC HEARING The Deputy Clerk read the petition of Ener-Con Companies, Inc. to grant a zoning amendment to the existing PD-14 Bay Breeze Planned Development District for property known as Tax Key Numbers 2193.970.028 and 2193.970.029 and to grant a rezoning from RL-3 - Lakeshore Residence District to PD-14 Bay Breeze Planned Development District for property known as Tax Key Number 2195.999. The purpose of the petitioner's request is to allow new single- family and multi-family uses. Mr. Muenkel presented a review of the Ener-Con petition to rezone three properties along Janesville Road, just north of Pioneer Drive. These are the same three parcels that were requested to be rezoned in July. A total of 18 residential units are proposed vs. 31 that were proposed in the previous submittal. The new petition does not require an amendment to the 2020 Comprehensive Plan. Mr. Muenkel stated that the Plan Commission will review the rezoning petition at its October 7 meeting. Common Council Minutes 2 September 23, 2014 The following individuals spoke against the rezoning: Debra Bolton, W186 S7543 Kingston Drive Suzi Link, W172 S7297 Lannon Drive Jim Lindhorst, S75 W18094 Boszhardt Lane. Mr. Lindhorst also read a letter from his wife, Heidi, who could not be present. Dave Taube, S75 W18687 Kingston Drive The following issues were noted:  The proposed development has not changed; the density is still high.  The acreage from the single-family parcel to the east should not be included in the density calculation.  There will be pier issues.  There is not enough open space.  Where are the lot lines?  A new PUD should be created.  The proposal is not the best fit and there isn't enough information.  The proposed development is a poor layout that will affect other lake properties.  Everything is crammed on the two lots to the west.  The proposed garden homes are too close together. The Mayor declared the hearing closed at 7:50 p.m. The Deputy Clerk read the notice to consider revisions to Chapter 17, Zoning Ordinance of the City of Muskego Municipal Code, relating to the allowance of fowl on residential parcels less than 120,000 square feet in size. Mr. Muenkel stated that the Committee of the Whole directed staff to prepare an ordinance that would potentially allow fowl on parcels less than 120,000 square feet. He did note that "fowl" allows other types of birds in addition to chickens. Mr. Muenkel reviewed the language and requirements of the proposed ordinance. The Plan Commission will review the proposed ordinance at its next meeting. The following spoke against the proposed ordinance: Dave Taube, S75 W18687 Kingston Drive Debra Bolton, W186 S7543 Kingston Drive The concerns were noise and cleanliness and allowing any type of fowl. This should not be allowed in residential areas. Property values could be affected. The following spoke in favor of the ordinance with some suggested revisions: Sara Lamp, W191 S6360 Hillendale Drive. She believes the ordinance is reasonable. Other municipalities allow chickens. She believes this could benefit the community. However, she Common Council Minutes 3 September 23, 2014 does not agree with obtaining neighbor approval. Dr. Jodie Gruenstern, S73 W16790 Janesville Road. She supports the ordinance. Allowing chickens is becoming a world wide trend. It can encourage a healthier lifestyle. William Conway, S64 W13012 Kipling Court. He said the ordinance should be limited to chickens; it maintains the rural feeling of the community. Jason Braatz, S76 W16835 Deer Creek Court. He supports the ordinance, but it should be limited to chickens. The ordinance does address all the concerns. He does not agree with requiring neighbor approval. Greg Septon, S90 W12971 Boxhorn Reserve Court. Chickens are small and should not pose any problems. Zachary Lamp, W191 S6360 Hillendale Drive. He does not believe property values will be affected. Most lake lots are not large enough to have chickens. Surrounding communities allow. Does not believe chickens will attract predators. Hens are not noisy. Allowing chickens can be an educational experience. He does not support the neighbor approval. The Mayor declared the public hearing closed at 8:17 p.m. The Deputy Clerk read the notice to consider petition of Towne Realty to grant a rezoning from RC-2 and RC-3 - Country Residence Districts to PD Planned Development District for property known as Tax Key Numbers 2253.998.003 and 2253.998.004 (North Cape Road). The City previously approved this designation in 2007 and petitioner is requesting modifications to the layout. Mr. Muenkel stated the Wildflower Farms Subdivision received rezoning and preliminary plat approvals back in 2007 under a Planned Development Zoning District. The subdivision was never completed and Towne Realty has a land contract to complete the development. In 2007, 51 lots were approved for the subdivision clustered to the east in return for a 23+ acre lot to be dedicated to the City for conservation purposes. Towne Realty did a new wetland delineation and proposes a new layout. The new proposal depicts a total of 53 lots, all of which are still over 23,000 square feet, and conforms to the 2020 Comprehensive Plan. The reconfiguration does allow a greater dedicated outlot to be used for a future neighborhood park. The Plan Commission will review this petition at its next meeting. This would also be reviewed by the Parks & Recreation Board. The following spoke: Greg Septon, S90 W12971 Boxhorn Reserve Court. He asked about reconfiguring the cul-de- sac area and the western property line and if the barn would be preserved. Jim Doering, representing Towne Realty. He stated that the dedication of land to the City for a potential park is the benefit for the additional lots in the cul-de-sac. Mr. Doering stated that storm water needs have to be managed in the area north/northwest of the cul-de-sac and along the western property line. The barn and duplex are part of the purchase; removal was previously approved. The Mayor declared the hearing closed at 8:35 p.m. Common Council Minutes 4 September 23, 2014 The Deputy Clerk read the notice to consider petition of Chrisben III, LLC to grant a rezoning from B-4 - Highway Business District to DR-1 - Downtown Revival District for property known as Tax Key No. 2198.948 (Janesville Road) for the purpose of expanding commercial development opportunities. Mr. Muenkel stated the subject parcel is located on the southwest corner of Bay Lane Drive and Janesville Road (the former Firestone site). Waukesha County owns the property as a result of the road reconstruction project. The petitioner, Chrisben III, would like to build a future office building. The rezoning would allow the property to be more developable. The DR-1 zoning would allow the building to be closer to the street. Public Input: Dave Taube, S75 W18687 Kingston Drive. He does not support buildings being too close to the road. It detracts from the rural image of the community. The Mayor declared the hearing closed at 8:41 p.m. CONSENT AGENDA Alderman Borgman made a motion to approve the items under Consent Agenda. Alderman Kubacki seconded. Motion Passed 7 in favor. Approval of Operator Licenses for Douglas Bensyl, Laurie Betla, Renny Deckert, Gayle Haack, Shawna Jesse, Ashley Mead, Nicole Przybylka, Sean Runge, Patti Schultz and a Temporary License for Donna Last. Reso. #074-2014 - Approval of City of Muskego/Fitzgerald Use & Maintenance Agreement for Freedom Square Park Parking Lot Reso. #075-2014 - Approval of 2014 Water Utility Rate Increase Reso. #076-2014 - Approval of Belle Chasse Addition #2 (Phase #3) Subdivider's Agreement Reso. #077-2014 - Resolution to Grant a Land Use Permit to Belle Chasse Partners, LLC REVIEW OF COMMITTEE REPORTS Parks & Recreation Board - August 11, 2014 Public Works Committee - August 18, 2014 Finance Committee - August 26, 2014 Conservation Commission - June 12, 2014 Community Development Authority - July 15, 2014 Common Council Minutes 5 September 23, 2014 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED 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) Ord. #1386 - An Ordinance to Amend Chapter 17, Section 8.01 (3) B. 6., of the Municipal Code of the City of Muskego (Permitted Accessory Uses) Ord. #1387 - An Ordinance to Amend the Zoning Map of the City of Muskego (Towne Realty - RC-2 and RC-3 to Planned Development District) Ord. #1388 - An Ordinance to Amend the Zoning Map of the City of Muskego (Chrisben III, LLC - B-4 to DR-1) LICENSE APPROVAL Approval of Outside Dance Permit for Moo, Inc. d/b/a Bass Bay Brewhouse & Eatery and Aud Mar Banquets for 10/4/2014- Noon to 8:00 pm. Alderman Hammel made a motion to approve. Alderman Borgman seconded. Motion Passed 7 in favor. VOUCHER APPROVAL Utility Vouchers Alderman Borgman made a motion to approve Utility Vouchers in the amount of $57,261.49. Alderman Kubacki seconded. Motion Passed 7 in favor. General Fund Vouchers Alderman Borgman made a motion to approve General Fund Vouchers in the amount of $325,295.94. Alderman Hammel seconded. Motion Passed 7 in favor. Wire Transfers for Debt Service Alderman Borgman made a motion to approve Wire Transfers for Debt Service in the amount of $1,470,171.88. Alderman Kubacki seconded. Motion Passed 7 in favor. Wire Transfers for Payroll Transmittals Alderman Borgman made a motion to approve Wire Transfers for Payroll Transmittals in the amount of $349,765.13. Alderman Di Pronio seconded. Motion Passed 7 in favor. Common Council Minutes 6 September 23, 2014 CLOSED SESSION Alderman Kubacki made a motion to convene, upon passage of the proper motion, into closed session pursuant to Wis. Stats. §19.85(1)(g), to confer 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 Decision of the Wisconsin Court of Appeals and the further litigation processes and issues regarding Parkland Venture, LLC vs. City of Muskego, Case No. 09 CV 3540; and the potential effects of the anticipated results of the pending foreclosure action, Muskego Adventures, Inc. v. Parkland Venture, LLC, et al., Case No. 14 CV 1724, regarding the subject property, on the Parkland Venture action. Alderman Di Pronio seconded. Motion Passed 7 in favor. Alderman Engelhardt made a motion to convene, upon passage of the proper motion, 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 Tax Incremental Finance District 10 negotiations and agreements – Chase Victor Holdings, LLC. Action may be taken in closed session. The Common Council will then reconvene into open session to continue with agenda items. Alderman Borgman seconded. Motion Passed 7 in favor. OPEN SESSION Alderman Borgman moved to reconvene into open session. Alderman Wolfe seconded; motion carried. NEW BUSINESS (Continued) Reso. #078-2014 - Resolution Authorizing TID 10 Developer Agreement: Chase Victor Holdings, LLC. Alderman Kubacki moved for adoption. Alderman Borgman seconded. Alderman Kubacki moved to amend the Developer’s Agreement to provide a $450,000 grant incentive and also to include that the developer will investigate the cost for an alternate access to the City’s water tower as a potential reduction in the aforementioned grant. Alderman Borgman seconded; motion carried. Reso. #078-2014, as amended adopted 7 in favor. COMMUNICATIONS AND MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW The Mayor noted that she is appointing Alderman Engelhardt to serve on the Muskego Senior Taxi Board. The meeting time has changed and Alderman Borgman is unable to accommodate the change. ADJOURNMENT Alderman Kubacki moved to adjourn at 9:58 p.m. Alderman Borgman seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.