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Commuinity Development Authority - MINUTES - 11/18/2008 CITY OF MUSKEGO Amended & Approved COMMUNITY DEVELOPMENT AUTHORITY (CDA) 12/1/08 MINUTES TUESDAY NOVEMBER 18, 2008 Chairman Frank Waltz called the meeting of the Community Development Authority to order at 7:00 p.m. Those in attendance recited the Pledge of Allegiance. The meeting was posted in accordance with the Open Meeting Law. PRESENT: Commissioners Suzi Link, Frank Waltz, Rob Glazier, Ald. Werner, Ald. Pavelko and Director Muenkel. ABSENT: Commissioner David Lidbury and Commissioner Gail Miles (excused) GUESTS: Lynn Kurer and John Murphy ST APPROVAL OF THE MINUTES OF OCTOBER 21, 2008 – Commissioner Link made a motion to consider. Seconded by Commissioner Glazier. Commissioner Link referred to the stth approval of minutes from October 21 of the minutes of September 30 and explained she listened to the recording and there is a mistake and the minutes were not close to verbatim. th Minutes from September 30 meeting will be corrected. ndst Commissioner Link also questioned the 2 page of the October 21 minutes reading “Commissioner Miles would also like included in the document that the city has jurisdiction to implement the rules and regulations.” (see Commissioner Miles clarification in the December 1, 2008 minutes) Commissioner Link believes there is a more formal term for the document in question and believes Commissioner Miles wanted to address the rules and regulations for all the industrial parks not just the one the redevelopment district is being done for now. Upon a voice vote the minutes were approved unanimously, deferring items in question. NEW BUSINESS Approval of an amended Building, Site, and Operation Plan for Bush Gardens located in the SW ¼ of Section 2 (Tax Key No. 2167.998 / S68 W14891 Janesville Road / Former Atonement Lutheran Church property) – Commissioner Link made a motion to consider. Seconded by Ald. Werner. Director Muenkel explained original plans were reviewed a few meetings ago and recommended approval. New plans were submitted yesterday, which is the Plan Commission deadline. Director Muenkel discussed the changes that were made. The east wing of the building with the office spaces has been removed from the plans. More parking stalls will be available between Bushy’s Pub and Grill and Bush Gardens. There are many updates to the west façade including an outdoor terrace and a covered balcony. There is extensive landscaping around the perimeter of the building with more intense landscaping around the outdoor terrace area. The materials and architecture on the east elevation have been updated. The entire parking lot will be completed including curbing, stormwater ponds and sewer and water for a future building to the west for mixed use. Director Muenkel noted the CDA will need to determine if this development is a good, viable use for the area. Director Muenkel also stated there are some issues that Plan Commission will need to discuss such as additional landscaping and additional screening. Ald. Pavelko stated he liked the changes but will ask to defer to allow more time to review the plans. Ald. Pavelko moved to defer. Commissioner Link seconded but then withdrew her second to the motion to discuss the plans. The motion failed for a lack of a second. Commission Link expressed concerns with the following items: number of handicap parking spaces, lighting, signage, and hours of operation. Director Muenkel explained the number of CDA Minutes Page 2 November 18, 2008 handicap parking spaces is determined by state statute, the lighting will be consistent with what Bushy’s currently has in the parking lot, the sign is the existing sign from Atonement Church, and the hours of operation can be addressed at Plan Commission and the Finance Committee when they apply for a liquor license. Commissioner Link stated because it is in a defined redevelopment district and because it abuts an existing residential area, the CDA has a duty to try to assure that the redevelopment fits into the redevelopment district. Ms. Kurer stated she is investing a lot of money to give the City a beautiful development. The plan is basically the same plan as the plan presented in September except with the east wing and office space has been removed. Ald. Werner suggested making a recommendation to the Plan Commission with the CDA’s concerns, but feels the CDA is not in a position to deny or stop the plans from moving forward. Commissioner Link disagreed and stated that the CDA’s recommendations can and should be allowed to contain descriptions. Ald. Pavelko questioned the seating for the Garden Room. Mr. Murphy stated it would be 74 based on the formulas of the City for area of the room and the parking required. Ald Pavelko reiterated that he likes the changes to the plans but would like time to look them over. Ald. Pavelko made a motion to defer. Commissioner Link seconded. Commissioner Glazier questioned why the office space was removed. Ms. Kurer explained the office area and the east wing were removed to resolve concerns with the parking available. Commissioner Glazier stated he would like to receive the plans prior to the meeting. Commissioner Glazier explained he has difficulty dictating the hours of operation for a business. Chairman Waltz called the question to the motion to defer. Upon a voice vote, the motion to defer failed 2-3 with Ald. Pavelko and Commissioner Link voting yes and Ald. Werner, Commission Glazier, and Chairman Waltz voting no. Ald. Pavelko expressed concern with a possible conflict of interest with Chairman Waltz and Ald. Werner. Chairman Waltz explained the contract, to sell the property, by the church membership was approved in 2003, which was long before this property came to the CDA. Ald. Werner stated he was not a member of the church when it was sold in 2003, and was only on the building committee for the new facility. Ald. Pavelko requested an opinion from the City Attorney before moving forward. Mayor Johnson stated Ald. Pavelko relayed this information to him a while ago and the City Attorney was contacted. The Attorney stated he would not be the one to deal with this, but the District Attorney should be contacted as the issue as it has already taken place. Ald. Pavelko forwarded a letter to the City Attorney, who replied with the same response. Mayor Johnson noted that the action took place in 2003 and there is nothing to gain today. Ald. Pavelko conceded that the city attorney would not address the past vote but this is a new item due to the prior plan being withdrawn. Ald. Werner made a motion to approve and forward to Plan Commission for consideration. Commissioner Glazier seconded. Ald. Pavelko and Commissioner Link left the meeting at 7:58 PM and the meeting ended due to lack of a quorum. OLD BUSINESS Review Existing RLF Procedures Muskego Industrial Park Redevelopment District Redevelopment District #2 CDA Minutes Page 2 November 18, 2008 PUBLIC INPUT — None. MISCELLANEOUS BUSINESS AS AUTHORIZED BY LAW ADJOURNMENT: Respectfully Submitted, Kellie McMullen, Recording Secretary