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COMMON COUNCIL Minutes - 1/14/2020 Approved CITY OF MUSKEGO COMMON COUNCIL MINUTES January 14, 2020 6:00 PM Muskego City Hall, W182 S8200 Racine Avenue CALL TO ORDER Mayor Chiaverotti called the meeting to order at 6:18 p.m. ROLL CALL Present: Alderpersons Wolfe, Hammel, Borgman, Kapusta, Engelhardt, Kubacki and Madden. Also present: City Attorney Warchol, Public Works and Development Director Kroeger, Planning Manager Trzebiatowski and Deputy Clerk Blenski. STATEMENT OF PUBLIC NOTICE The Deputy Clerk stated that the meeting was noticed in accordance with the open meeting law. PUBLIC COMMENT The following spoke regarding the Home Path Financial development and proposed rezoning (Ordinance #1440): Debra Bolton, W186 S7543 Kingston Drive Robert Bliese, S77 W17458 St. Leonards Drive Gary Kierzek, S77 W17482 St. Leonards Drive Casey Fischer, S77 W17436 St. Leonards Drive Darlene Bliese, S77 W17458 St. Leonards Drive Daniel Miller, W173 S7661 Westwood Drive CONSENT AGENDA Alderperson Kubacki moved to approve. Alderperson Madden seconded; motion carried. The following items were approved: An Operator License for Ryan Larscheidt, Brianna Lipinski, Dennis Najoom, Miranda Peters, Christina Potis, Jessica Smith and Erin Stehofsky Common Council Minutes for December 10, 2019 Resolution #001-2020 - Approval Authorizing Representative to Sign and Submit the Recycling Grants to Responsible Units Grant Application UNFINISHED BUSINESS Ordinance #1440 – An Ordinance to Amend the Zoning Map and 2020 Comprehensive Plan of the City of Muskego (Home Path Financial LP – B-3 and RS-3 to PD). On the floor, deferred 12/10/2019. Common Council Minutes 2 January 14, 2020 Planner Trzebiatowski gave a brief update regarding the petitioner’s requests. Home Path Financial has submitted requests for rezoning, an amendment to the 2020 Comprehensive Plan, approval of a Certified Survey Map and Condominium Plat for a future development. The site is proposed to be rezoned from B-3 – General Business District and RS-3 – Suburban Residential District to PD – Planned Development District based on the underlying zoning of RM-2 – Multiple Family Residence District and B-3 – General Business District. The 2020 Comprehensive Plan is proposed to amend the area currently identified as Commercial Use to Medium Density Residential and Commercial Uses. The developer is requesting a total of 18 units within 9 duplex buildings. Mr. Trzebiatowski noted that the developer did not request a density bonus. Mayor Chiaverotti stated that Article IX. Planned Development Districts, Section 400- 82. Determination; basis for approval was sent to all the Council members. Developers rely on the City’s Code when purchasing property and submitting proposals. City Attorney Warchol stated the following:  An Ordinance was adopted in 2015 to rezone the property and allow 16 residential units. That Ordinance remains in effect.  The provisions in the Municipal Code (Section 400-82) outline the basis for approval of a Planned Development District. He encouraged the Council to keep the City’s Code in mind when making a determination.  A Protest Petition was filed by Ms. Bolton and Mr. Bliese. The petition has been determined to be valid. Approval of the Ordinance requires a supermajority vote (6 out of 7).  Any Council member who votes to deny should state the reasons. It is important that an accurate record of the Council’s actions be created. Alderperson Wolfe questioned why reasons for denial had to be stated. He also stated he has an issue with the road within the development being public. Other condo developments have private roads, which he prefers. Attorney Warchol stated that the City cannot require a private road. The Mayor stated that whether or not the road is public or private has nothing to do with rezoning the property. Alderperson Wolfe stated the original proposal reflected that the road was private. Mayor Chiaverotti stated her recommendation is to approve 18 units. There is no basis for denial. She acknowledged that the recommendation from the Plan Commission was for 16 units. However, the final decision is made by the Council. Alderperson Borgman stated 16 units and a private road were approved in 2015. He will not consider another option. Planner Trzebiatowski stated the original proposal approved in 2015 was very preliminary. It was a concept at best. Roads being public or private is not a zoning issue. That should be discussed at the time of the Building, Site and Operation Plan. He further noted that in 2015, the intent was that the Ingold residence would remain on Common Council Minutes 3 January 14, 2020 the site. A public road would not have been an option. Now that the residence is gone, a public road is possible. Mayor Chiaverotti asked if the developer wanted to address the Council. Ed Woodland, representative for Home Path Financial LP Team, was present. He made the following comments:  The property was rezoned in 2015 to allow 16 new units with the existing Ingold residence and outbuilding to remain. The total number of units was 18. The same number of units is requested by Home Path Financial.  A public road can be beneficial for everybody.  A single-family development is not an option.  The site is very difficult to develop.  Home Path Financial relies on the City’s ordinances, zoning, staff, and public officials to deal in good faith.  Home Path Financial believes the proposal will be an enhancement to the community. A total of 18 units is respectfully requested to be approved. Attorney Warchol noted that Mr. Woodland is stating the proposal has met the City’s Code. If you are going to deny the proposal, the reasons why should be stated. Alderperson Kubacki agreed. Alderperson Kubacki called for the question. Alderperson Hammel seconded; motion carried. Vote on the Ordinance as presented: Alderperson Madden, Kubacki, Engelhardt, Hammel and Wolfe voted yes. Alderperson Kapusta voted no based on the recommendation of the Plan Commission; Alderperson Borgman voted no based on the recommendation of the Plan Commission and the original approval for the property. Motion to adopt Ordinance #1440 failed. The original proposal adopted in 2015 for 16 units remains in effect. Alderperson Kubacki stated that the reasons given for denial were not in accordance with Chapter 400 of the Municipal Code. Mayor Chiaverotti and Attorney Warchol concurred. Mr. Woodland wanted it noted for the record that Home Path Financial objects to the reasons for denial. Resolution #101-2019 – Approval of a Certified Survey Map and Condominium Plat for Home Path Financial. On the floor, deferred 12/10/2019. Mr. Woodland stated that Home Path Financial would withdraw the submittal. Attorney Warchol stated the Council should take action even though Ordinance #1440 failed. Motion failed with 7 no votes. REVIEW OF COMMITTEE REPORTS Finance Committee – November 26, 2019 Common Council Minutes 4 January 14, 2020 VOUCHER APPROVAL Utility Vouchers Alderperson Kubacki made a motion to approve Utility Vouchers in the amount of $158,818.68. Alderperson Engelhardt seconded; motion carried. Tax Vouchers Alderperson Kubacki made a motion to approve Tax Vouchers in the amount of $18,909.65. Alderperson Madden seconded; motion carried. General Fund Vouchers Alderperson Kubacki made a motion to approve General Fund Vouchers in the amount of $362,803.59. Alderperson Hammel seconded; motion carried. Wire Transfers for Payroll/Invoice Transmittals Alderperson Kubacki made a motion to approve Wire Transfers for Payroll/Invoice Transmittals in the amount of $404,068.91. Alderperson Kapusta seconded; motion carried. COMMUNICATIONS AND MISCELLANEOUS BUSINESS There were no updates from the Aldermanic Liaisons. ADJOURNMENT Alderperson Madden made a motion to adjourn at 7:29 p.m. Alderperson Wolfe seconded; motion carried. Minutes taken and transcribed by Jill Blenski, Deputy Clerk.