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COMMON COUNCIL Minutes - 8/23/2016 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES August 23, 2016 7:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 7:05 p.m. ROLL CALL Present: Aldermen Wolfe, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Alderman Hammel was absent. Also present: City Attorney Warchol, Community Development Director Muenkel, Finance and Administration Director Mueller, Interim IT Director Loudon, and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. COMMUNICATIONS FROM THE MAYOR'S OFFICE Mayor Chiaverotti noted that the Muskego Community Festival runs Thursday through Sunday (8/25 - 8/28). PUBLIC COMMENT No one registered to speak. PUBLIC HEARINGS The Deputy Clerk read the public hearing notice to consider the petition of John Wahlen of Cornerstone Development to rezone property known as part of Tax Key Number 2218.990.008 (Woods Road and Kurtze Lane) from RS-3 - Suburban Residence District to PD - Planned Development District for the purpose of allowing a multi-family development. Director Muenkel gave a brief presentation regarding the rezoning request. Cornerstone is proposing a condominium style development consisting of 34 units on an 11.48 acre site. The structures would all be ranch style. The proposal is consistent with the 2020 Comp Plan. If the rezoning is approved, Plan Commission approvals would still be required; a developer's agreement would have to be approved by the Common Council. Cornerstone Development appeared before the Plan Commission in July for a conceptual review. The development was looked upon favorably. Mr. John Huskisson and Mr. Aaron Koch were present on behalf of Cornerstone Development. Both provided information regarding the proposed development. Common Council Minutes 2 August 23, 2016 The following individuals spoke: William Kritter, W166 S8076 Pellman Lane Prefers a single family development. Kathy Westerbeek, W193 S7952 Ancient Oaks Drive The development would be an asset to the community. There is a demand for this type of housing. Daniel Hanrahan, W162 S7947 Bay Lane Place Were Kurtze Lane and Woods Road assessed to accommodate the additional traffic flow? Was cost benefit analysis done on changing from single family to condos in terms of tax revenue? Jim Reik, W165 SS8266 Kurtze Lane Water source? What if they don't sell? Is future lake access a possibility? Kevin Ryan, W163 S7984 Bay Lane Place Access to lake also his concern. Karen Fockel, S79 W16655 Woods Road She is part owner of the subject property. Believes condo development is least disruptive. The property with lake access is separate and is not part of the proposed development. Kerry Foti, S79 W16723 Green Court Concern is safety. Deb Bolton, W186 S7543 Kingston Drive Not for or against right now. Playing a shell game with densities. Mark Laehn, W165 S8254 Kurtze Lane Does not want the condos to ever have lake access. Would like to see a plus/minus type of display regarding developing the site as single family vs. condos. John Huskisson stated that a separate meeting will be held in the future to provide additional information. City Attorney Warchol stated that a protest petition was filed, which currently is valid. If petition stays as is, the rezoning ordinance would require a vote of 6 out of 7 to pass. Mayor Chiaverotti closed the hearing at 7:45 p.m. The Deputy Clerk read the petition of Mark Hammond of MSP Real Estate, Inc. to rezone property known as part of Tax Key Number 2162.996 from I-1 - Government, Institutional and Public Service District to B-3 - General Business District for the purpose of allowing a senior housing campus development. Common Council Minutes 3 August 23, 2016 Mr. Muenkel stated the rezoning petition is for the Heritage Church property located along Janesville Road as well as frontage on College Avenue. The rezoning is for the southern half of the overall parcel, which would cover 4.18 acres. A multi-staged nursing home is proposed. Mr. Muenkel noted that the rezoning would be contingent upon Building, Site, and Operation Plan and Conditional Use Grant approvals from the City's Plan Commission. Mr. Mark Hammond was present for MSP Real Estate. This would be the 16th senior living facility in the State that the company has done. MSP Real Estate believes there is a need for this type of facility in the community. The following individuals spoke: Fred Licau was present on behalf of M-W Marine, College Avenue M-W owns the property to the west. Concern - stream that runs down the west side of the property. Deb Bolton, W186 S7543 Kingston Drive Supports the facility and location. Susan Fellows, Heritage Church Elder The church wanted to work with someone who would provide this need for the community. Glen Sheridan, W167 S7228 Briargate Lane, also represented Heritage Church. The church is excited to work with MSP regarding the sale of the property and its development. Mayor Chiaverotti declared the hearing closed at 8:06 p.m. CONSENT AGENDA Alderman Kubacki made a motion to approve the items under Consent. Alderman Madden seconded. Motion passed 6 in favor. The following were approved: July 26, 2016 Council Minutes Operator Licenses for Ashley Bartowiak, Jennifer Bohme, Robert Bruss, Scott Byrnes, Richard Curley, Tatjana Dacic, Phillip Kloss, Kristin Ksobiech, Julie Reichert, Jodi Ristow, Patti Schultz, Ericka Shulta, Kathryn Sier, Michael Tersen and Alma Zavala Resolution #063-2016 - Approval of Certified Survey Map - Delimat, Town of Waterford Resolution #064-2016 - Establish Traffic Regulations (Stop Signs - Oakhill Trail and Aud Mar Drive) Resolution #065-2016 - Authorizing Resolution for Wisconsin RPC and DNR Emerald Ash Borer (EAB) Mitigation Grant Program Resolution #066-2016 - Resolution of Eligibility for Exemption from the County Library Tax Levy for 2017 Common Council Minutes 4 August 23, 2016 Resolution #067-2016 - Approval of Edgewater Heights and Edgewater Heights Addition #1 Subdivider's Agreement Resolution #068-2016 - Approve Release of Sanitary Sewer Easement and Utility Easement UNFINISHED BUSINESS Ordinance #1407 - An Ordinance to Adopt the 2017 - 2021 Parks and Conservation Plan and to Amend Chapter 41, Section 41.06, of the Municipal Code of the City of Muskego (Detailed Components of Comprehensive Plan) Alderman Kubacki made a motion to approve Ordinance #1407. Alderman Madden seconded. Motion passed 6 in favor. REVIEW OF COMMITTEE REPORTS Finance Committee - July 12, 2016 Public Works Committee - June 20, 2016 Plan Commission - July 11, 2016 Parks and Conservation Committee - July 6, 2016 FIRST READING OF ORDINANCES AND POSSIBLE SECOND READING IF RULES WAIVED Ordinance #1408 - An Ordinance to Amend the Zoning Map of the City of Muskego (Cornerstone Development - RS-3 to PD) Ordinance #1409 - An Ordinance to Amend the Zoning Map of the City of Muskego (MSP Real Estate - I-1 to B-3) LICENSE APPROVAL Approval of Outside Dance Permit - Marx Pioneer Inn, W180 S7808 Pioneer Drive, October 8, 2016 - Music from 4:00 p.m. to 11:00 p.m. Alderman Wolfe made a motion to approve. Alderman Madden seconded. Motion passed 6 in favor. Approval of Amendment to Licensed Premise to Include Parking Lot - The Suburban Bourbon, S76 W17745 Janesville Road, August 24, 2016 - 2:00 pm to 9:00 pm Alderman Madden made a motion to approve. Alderman Wolfe seconded. Alderman Kapusta requested the proposed amendment be withdrawn. Motion failed 6 in favor. Approval of Temporary License to Sell Fermented Malt Beverages - Muskego Corvette Club - August 27, 2016 Alderman Borgman made a motion to approve. Alderman Kapusta seconded. Motion passed 6 in favor. Common Council Minutes 5 August 23, 2016 VOUCHER APPROVAL Utility Vouchers Alderman Wolfe made a motion to approve Utility Vouchers in the amount of $31,195.69. Alderman Madden seconded. Motion passed 6 in favor. Tax Vouchers Alderman Wolfe made a motion to approve Tax Vouchers in the amount of $12,701. Alderman Engelhardt seconded. Motion passed 6 in favor. General Fund Vouchers Alderman Wolfe made a motion to approve General Fund Vouchers in the amount of $158,136. Alderman Kubacki seconded. Motion passed 6 in favor. Wire Transfers for Payroll/Invoice Transmittals Alderman Wolfe made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $321,336.46. Alderman Engelhardt seconded. Motion passed 6 in favor. CLOSED SESSION Alderman Kubacki made a motion to convene into Closed Session pursuant to 19.85(1)(c) Wis. Stats., Considering employment, promotion, compensation or performance evaluation data of any public employee over which the governing body has jurisdiction or exercises responsibility more specifically Interim IT Director. Alderman Wolfe seconded. Motion passed 6 in favor. OPEN SESSION Alderman Borgman moved to reconvene into Open Session. Alderman Kapusta seconded. Motion passed 6 in favor. ADJOURNMENT Alderman Borgman moved to adjourn at 8:20 p.m. Alderman Kapusta seconded; motion carried. Minutes transcribed by Jill Blenski, Deputy Clerk.