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PCM19671205CITY PLAN COMMISSION CITY OF MUSKEG0 MINUTES OF MEETING HELD DECEMBER 5, 1967 CITY HALL MAYOR GOTTFRIED CALLED THE MEETING TO ORDER AT 8:OO P. M. PRESENT: MAYOR JEROME GOTTFRIED, CHAIRMAN, MILLIAM F. CHASE, SEC'Y, CHARLES BUEHLER, PAUL DEANGELIS, ALDERMAN s. ROBERT LENTINI AND ED RAIMANN. PLAN CONSULTANT RUSSELL KNETZGER AND BUILDING INSPECTOR GERALD LEE WERE ALSO PRESENT. ABSENT: WILLARD BERTRAM MINUTES: THE MINUTES WERE CORRECTED ON PAGE 2, FIRST PARAGRAPH, OWNER OF THIS TYPICAL OIL TRUCK. .... INSTEAD OF STANDARD RECTED TO READ AFTER SOME DISCUSSION MR. BERTRAM MOVED THAT THE REQUEST OF STANLEY DOBRZYNSKI BE DENIED. INSTEAD OF THESE REQUESTS" AS SHOWN. THE MINUTES WERE APPROVED AS CORRECTED. 4TH LINE, TO READ ....... MR. DAHLMAN ADVISED THAT HE IS THE OIL TRUCK'' AS SHOWN. THE 4TH PARAGRAPH, PAGE 2, WAS ALSO COR- II I1 /I II I/ It PERSONAL APPEARANCES: ERWIN ARNDT - MR. ARNDT, ST6 W18191 JANESVILLE ROAD, APPEARED SEEKING APPROVAL TO PARK COMMERCIAL VEHICLES REGULARLY AT HIS PLACE OF RESIDENCE. THE COMMISSION REVIEWED THE SKETCHES VALLEY DRIVE FACING HIGHWAY 24, AREA ZONED RESIDENTIAL (RS-3). TO THE COMMISSION WAS READ BY THE RECORDING SECRETARY: OF THE AREA IN QUESTION NOTING THIS IS THE SECOND LOT EAST OF THE FOLLOWING COMMUNICATION DATED DECEMBER 5, 1967, DIRECTED I1 PLAN COMMISSION - I WOULD LIKE TO PARK MY TRUCKS AND CAT" ON I1 MY LAND BECAUSE OF MAINTENANCE AND ALSO TO KEEP AN EYE ON IT. I DID PARK AT THE 66 STATION AND HAD WINDOWS BROKEN OUT. MY WORK HAS BEEN IN MUSKEGO. /s/ ERWIN ARNDT ERV'S TRUCKING & GRADING" MR. ARNDT ADVISED THE COMMISSION THAT HE RECENTLY HAS ACQUIRED A SNOW PLOW AND WOULD LIKE IT READILY AVAILABLE AT HIS RESIDENCE BUT THAT OF HIS TWO DUMP TRUCKS, HE COULD PARK ONE AT THE BIERBOWER FARM ON HENNEBERRY DRIVE IF APPROVED BY THE COMMISSION. MR. CHASE MOVED TO DEFER ACTION ON THIS REQUEST TO PARK a COMMERCIAL VEHICLES PENDING AN OPINION FROM THE ATTORNEY TO ESTABLISH GUIDE LINES TO AID THE COMMISSION IN THEIR DECISIONS. MR. RAIMANN SECONDED THE MOTION AND THE MOTION CARRIED LINANI- MOUSLY. ALDERMAN BUDISH APPEARED TO SPEAK IN FAVOR OF ORDINANCE #74 WHICH GRANTS THE PLAN COMMISSION POWER TO PERMIT COMMERCIAL PAGE 2 - PLAN COMM. DECEMBER 5, 1 967 TRUCK PARKING, POINTING OUT THAT THERE ARE NO PROVISIONS IN INDUSTRIAL ZONED AREAS. BUILDING INSPECTOR LEE EXPLAINED IT IS AN ACCESSORY USE TO INDUSTRY. ALDERMAN BUDISH ALSO EXPRESSED CONCERN THAT MR. DAHLMAN AND MR. DOBRYZYNSKI HAD BEEN ISSUED SUMMONSES TO APPEAR IN COURT PRIOR TO THEIR BEING ABLE TO APPEAR BEFORE THE PLAN COMMISSION IN ACCORDANCE WITH NEWLY CREATED ORDINANCE #74. BUILDING INSPECTOR LEE POINTED OUT THAT COMMERCIAL PARKING IS ALLOWED IN AN INDUSTRIAL AREA IF THAT HE HAD ISSUED THESE SUMMONSES FOR VIOLATION OF A PREVIOUS COURT DICTUM THAT THE TRUCKS COULD NOT BE PARKED AT THEIR RESIDENCES. THE COMMISSION ADVISED ALDERMAN BUDISH THAT THEY, TOO, FELT THE ORDINANCE WAS JUSTIFIABLE BUT THAT SOME GUILELINES MUST BE ESTABLISHED ON WHICH TO BASE THEIR DECISIONS, THAT THE COMMISSION COULD NOT ALLOW INDISCRIMINATE PARKING OF TRUCKS THROUGHOUT THE CITY. MILLIAM KILPS & SONS. INC. - MR. JIM HELING, REPRESENTATIVE OF THE KILPS FIRM, AND SURVEYOR ROMAN BERANDT APPEARED AND PRESENTED A PRELIMINARY DEVELOPMENT PLAN OF THE LOOMIS ESTATE ACRES LYING TO THE NORTH OF WOODS ROAD AND TO THE WEST OF RACINE 17. 140 LOTS, THAT THE LOT SIZE IN THE RS-1 DISTRICT WOULD BE 30,000 SQ. FT. AND IN THE RS-2 DISTRICT 20,000 SQ. FT. IN THE AREA ZONED WE TLAND-FLOODPLAIN THE LOTS WERE ENLARGED. SURVEYOR BERANDT ADVISED THAT THE AREA WOULD BE SEWERED AND THAT THEY PROPERTY WHICH IS AN L SHAPED PARCEL COVERING APPROXIMATELY 100 II II IT WAS NOTED BY THE COMMISSION THAT THE LOT' LAYOUT INDICATED WERE CONSIDERING A SINGLE WATER SYSTEM AS COMPARED TO INDIVIDUAL SYSTEMS WHICH WOULD EVENTUALLY TIE IN WITH THE MUNICIPAL WATER SYSTEM, DECISION OF WHICHSKYEM INSTALLED WOULD BE BASED ON COST. MR. HELING PRESENTED BROCHURES OF THE PROPOSED HOMES FOR THE SUBDIVISION INDICATING A PRICE RANGE OF $18,490 TO $27,790. HE EXPLAINED THAT THERE WOULD BE SOME BUILDING FOR SPECULATION AND SOME BUILDING UNDER CONTRACT AS THE LOTS SELL. HE ALSO ADVISED THAT KILPS WOULD CONTROL ARCHITECTURE AS WELL AS DEED RESTRICTIONS FOR THE SUBDIVISION, THAT COLOR SCHEMES AND ARCHITECTURE WILL NOT BE DUPLICATED IN HOMES NEXT TO EACH OTHER. MR. BUEHLER MOVED TO REFER THIS SKETCH TO THE CITY ENGINEER AND CITY PLAN CONSULTANT FOR REVIEW AND RECOMMENDATION. MR. DEANGELIS SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY. JOHfl WESELJACK - MR. MESELJACK, MILWAUKEE, APPEARED IN REGARD TO HIS PETITION FOR REZONING OF HIS APPROXIMATELY 118.50 ACRES IN SEC. 26 FROM 1-1 (INDUSTRIAL) TO AGRICULTURE TO PERMIT THE CONSTRUCTION OF A SINGLE FAMILY DWELLING. MAYOR GOTTFRIED ADVISED THE COMMISSION THAT A PUBLIC PAGE 3 - PLAN COMM. DECEMBER 5, 1967 HEARING; HAD BEEN HELD BEFORE THE COMMON COUNCIL TUESDAY, NOVEMBER 28TH, TO CONSIDER THIS REQUEST AND NO ONE HAD APPEARED IN OPPOSITION. PLANNER KNETZGER RECOMMENDED THAT THE ENTIRE INDUSTRIAL AREA BE REZONED TO AGRICULTURE IN ACCORDANCE WITH THE INDUS- TRIAL DEVELOPMENT REPORT PREPARED IN FEBRUARY, 1967, BY NELSON & ASSOCIATES. PLANNER KNETZGER POINTED OUT THAT IT CITY TO HAVE AN INDUSTRIAL AREA AT THE FAR SOUTHEASTERN CORNER OF MUSKEGO IN COMPETITION WITH THE MORE DESIRABLE INDUSTRIAL AREA ALONG HIGHWAY 24. HOWEVER, IT WAS THE COMMISSION'S OPINION THAT DID NOT APPEAR THAT IT WOULD BE IN THE BEST INTEREST OF THE IT WOULD BE WISE TO HAVE THIS FAR CORNER FOR LESS DESIRABLE IND US TRIES. THE COMMISSION EXPRESSED CONCERN THAT A MAN WHO OWNS 118 ACRES OF PROPERTY IS NOT ALLOWED TO BUILD A DWELLING UNDER THE ZONING ORDINANCE. PLANNER KNETZGER POINTED OUT THAT INDUSTRIAL AREAS ARE PROTECTED FROM RESIDENTIAL DEVELOPMENT UNDER THE ORDINANCE IN THE SAME MANNER THAT RESIDENTIAL AREAS ARE PROTECTED FROM INDUSTRIAL DEVELOPMENT. MR. CHASE THEN MOVED TO PETITION THE COMMON COUNCIL TO REZONE ALL OF THE INDUSTRIAL AREA IN SECTION 36 AND SECTION 25 BACK TO AGRICULTURE. ALDERMAN LENTINI SECONDED THE MOTION. DISCUSSION FOLLOWED CONCERNING THE AFFECT THIS CHANGE IN ZONING WOULD HAVE ON THE EXISTING BUSINESSES IN THE AREA, TAKING INTO CONSIDERATION THAT THE HOFMANN TILE Co. IS LOCATED PROPERTY IN FRANKLIN IS ZONED INDUSTRIAL. HIS SECOND, ALDERMAN LENTINI. THAT THE BASIC INDUSTRIAL ZONING REMAIN BUT THAT AN AGRICULTURE OVERLAY BE GRANTED TO THE PETITIONER ON HIS 118 ACRES OF PROPERTY. ALDERMAN LENTINI SECONDED THE MOTION AND THE MOTION IN THIS AREA AS WELL AS TWO JUNK YARDS AND THAT THE ADJACENT MR. CHASE THEN WITHDREW HIS MOTION WITH THE CONSENT OF MR. CHASE THEN MOVED TO RECOMMEND TO THE COMMON COUNCIL CARRIED UNANIMOUSLY. MENDATION FOR REZONING IS SIMILAR TO 1fR. WESELJACK'S REQUEST THAT ANOTHER PUBLIC HEARING WOULD NOT BE NECESSARY, HOWEVER, IT WAS THE COMPIISSION'S OPINION THAT BBCAUSE THIS RECOM- IT WAS THEIR DECISION TO REQUEST AN OPINION FROM CITY ATTORNEY HIPPENMEYER. E. J. SALENTINE - A PUBLIC HEARING WAS HELD JUST PRIOR TO THIS REGULAR PLAN COMMISSION MEETING TO CONSIDER THE REQUEST OF E. J. SALENTINE FOR CONDITIONAL USE GRANT FOR AN AUTOMOBILE DEALERSHIP FACILITY IN SECTION 2 NEAR THE CORNER 0 ~~~ ~ ~ OF HIWAY 24 AND TESS CORNERS DR. PAGE 4 - PLAN COMM. DECEMBER 5, 1967 MR. SALENTINE & ARCHITECT KENNETH CXOUCH APPEARED AND THE RECORDING SECRETARY READ A REPORT AND RECOM~NDA’TION DATED DECEMBER 5TH WHICH HAD BEEN PREPARED BY NELSON & . Assoc. PLANNER KNETZGER REVIEWED THE PLOT PLAN OF THE SALENTINE SITE ON WHICH HE HAD INDICATED HIS SUGGESTED CHANGES. (THE COMMISSION LOANED THIS PLOT PLAN TO ARCHITECT CROUCH FOR HIS FURTHER REVIEW. ) MR. SALENTINE ADVISED THAT IT APPEARED LIKELY THAT THE& WOULD BE A SECOND DEALERSHIP WITHIN THE FORESEEABLE FUTURE AS IT SEEMED LIKELY THAT HIS DUAL DEALERSHIP WILL ‘I SPLIT UP’’ WITHIN THE NEXT FEW YEARS. ALDERMAN LENTINI MOVED TO GRANT THE CONDITIONAL USE AND APPROVE THE BUILDING AND SITE PLAN WITH THE EXCEPTION OF THE FOLLOWING: 1. LIGHTING 2. OVERALL SITE DRAINAGE AND GRADES (WHICH WILL, BE 3. THAT THE PLAT SHOW THE OFFICIAL DECLARED WIDTH OF 4. THAT CONSIDERATION BE GIVEN TO THE SUGGESTIONS OF THE MR. RAIMANN SECONDED THE MOTION AND THE MOTION CARRIED REFERRED TO THE CITY ENGINEER) TESS CORNERS DRIVE. PLANNER INHIS LETTER OF DECEMBER 5TH. @ UNANIMOUSLY. OTHER BUSINESS: RICHARD THODE - THE COMMISSION REVIEWED THE CERTIFIED SURVEY MAP PREPARED FOR RICHARD THODE (MYRTLE THODE PROPERTY) FOR A 3.035 ACRE LAND DIVISION ABUTTING BIG MUSKEGO LAKE IN SECTION 26 WHICH HAD BEEN REVISED BY SURVEYOR CLAUDE JOHNSON IN ACCORDANCE WITH THE CITY ENGINEER’S REPORT RECEIVED BY THE COMMISSION AT THE NOVEMBER 21s~ MEETING. WERE ADEQUATE BUT QUESTIONABLE. BUILDING INSPECTOR LEE ADVISED THAT MR. THODE HAD INDICATED THAT IT WAS NOT HIS IN- IT WAS NOTED BY THE COMMISSION THAT THE PERCOLATION TESTS TENTION TO BUILD AT THE PRESENT TIME. I’PR. BUEHLER MOVED TO APPROVE THE CERTIFIED SURVEY MAP FOR THIS LAND DIVISION. ALDERMAN LENTINI SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY. STEVEN SCHULER - AT THEIR PREVIOUS MEETING, NOVEMBER 21ST, THE COMMISSION HAD REFERRED THE CERTIFIED SURVEY MAPS FOR LAND DIVISION AND A TENTATIVE LAND DIVISION OF THE ENTIRE SCHULER PROPERTY, BOTH OF WHICH HAD BEEN PREPARED BY SURVEYOR JOHN F. DEGAN, TO CITY ENGINEER RUEKERT. MAYOR GOTTFRIED ADVISED THAT THE CITY ENGINEER HAD RECOMMENDED APPROVAL OF THE CERTIFIED RECOMMENDATION ON THE OLR DISTRICT REQUIREMENTS. SURVEY MAP BUT THAT HE RECOMMENDED THAT THE PLANNER MAKE MR. RAIMANN MOVED THAT THE SCHULER LAND DIVISION IN SEC. PAGE 5 - PLAN COMM. DECEMBER 5, 1967 DEANGELIS SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY. IDLE ISLE BEACH - THE COMMISSION REVIEWED PETITIONS SUB- MITTED BY DAVE BEIERLE FOR REZONING IDLE ISLE BEACH AND A SMALL ISLAND LOCATED AT THE NORTH END OF LITTLE MUSKEGO LAKE FROM IF & RS-3 WITH OED & OLR OVERLAYS TO RSM WITH OED & OLR OVERLAYS FOR THE PURPOSE OF A MOBILE HOME PARK. THE PETITION ALSO REQUESTS HOMES. IT WAS THE COMMISSION'S DECISION TO DEFER ACTION ON A CHANGE IN THE TEXT OF THE ZONING ORDINANCE TO INCLUDE MOBILE THIS PETITION UNTIL AFTER THE PUBLIC HEARING AND RECOMMENDATION OF THE PLANNER. MR. CHASE MOVED TO REFER THE PETITION TO THE PLAN CONSULTANT FOR REVIEW AND RECOMMENDATION AND THAT THE PLANNER ATTEND THE COMMON COUNCIL AT THAT TIME. MR. BUEHLER SECONDED THE MOTION PUBLIC HEARING TO PRESENT HIS DETAILED RECOMMENDATION TO THE AND THE MOTION CARRIED UNANIMOUSLY. (THE PUBLIC HEARING TO CONSIDER THIS REQUEST HAS BEEN SCHEDULED FOR 7:OO P. M., JAN. ~TH, 1967, ALL-PURPOSE ROOM, HIGH SCHOOL. 1 CARL POSBRIG - THE COMMISSION REVIEWED A PRELIMINARY PLAT FOR A 3 ACRE LAND DIVISION OF THE ERVIN POSBRIG PROPERTY IN THE Sw+ OF SEC. 21 WHICH HAD BEEN PREPARED BY WAUKESHA LAND SURVEYS, IN C. BUILDING INSPECTOR LEE ADVISED THAT HE HAD RECENTLY ISSUED A BUILDING PERMIT FOR CONSTRUCTION OF A DWELLING ON THE PARCEL AND THAT APPARENTLY MR. POSBRIG NOW DESIRED TO SPLIT THIS PROPERTY. AS IT APPEARED THAT THE DIVISION COMPLIED WITH ALL ZONING REQUIREMENTS, MR. CHASE MOVED TO ACCEPT THE PRELIMINARY PLAT. MR. ~~RIMANN SECONDED THE MOTION AND THE MOTION CARRIED UNANI- MOUSLY. PUBLIC WORKS BUILDING ADDITION - ALDERMAN BUDISH APPEARED TO SPEAK IN FAVOR OF THE ADDITION TO THE PUBLIC WORKS BUILDING POINTING OUT THAT BIDS HAVE BEEN LET WHICH WILL BE LOST IF THERE IS A LONGER DELAY. THE RECORDING SECRETARY READ A REPORT FROM PLANNER KNETZGER RECOMMENDING THAT THE ADDITION NOT BE APPROVED. AFTER CONSIDERABLE DISCUSSION OF THE ADEQUACY OF THE PRESENT BE COMPLETED FOR USE THIS WINTER, MR. CHASE MOVED TO RECOMMEND WORKS BUILDING AT ITS PRESENT SITE BE DENIED AND THAT THE COMMON COUNCIL GIVE SERIOUS CONSIDERATION TO OBTAINING A NEW SITE ON WHICH TO BUILD THE PUBLIC WORKS FACILITY AS IT IS THE COMMISSION'S SITE AND TAKING INTO CONSIDERATION THAT THE ADDITION WOULD NOT OPINION THAT THE PRESENT SITE IS NOT ADEQUATE IN AREA WHEN PAGE 6 - PLAN COMM. DECEMBER 5, 1967 CONSIDERING LONG RANGE PROJECTIONS. MR. BUEHLER SECONDED THE MOTION AND THE MOTION CARRIED UNANIMOUSLY. IT WAS THE COMMISSION'S DECISION THAT THE INDUSTRIAL COMMITTEE BE SENT COPIES OF THE REPORT ON THE PUBLIC WORKS BUILDING ADDITION SUBMITTED BY THE PLANNER. COMMUNICATIONS: JACK GLOCKNER ENTERPRISES - THE FOLLOWING COMMUNICATION DATED NOVEMBER 24, 1967, REGARDING JACK GLOCKNER'S JUNK YARD, FROM FIRE CHIEF HOWARD IMME, WAS READ BY THE RECORDING SECRE- TARY: /I DEAR MAYOR GOTTFRIED: WE WERE CALLED TO A SMALL FIRE AT JACK GLOCKNER'S JUNK YARD ON SUNDAY, NOVEMBER 19, 1967, AT 7:20 P. M., AND EXTINGUISHED THE FIRE. I'M BRINGING IT. TO YOUR ATTENTION BECAUSE IT WAS NOTHING MORE THAN A GARBAGE FIRE THAT APPARENTLY WAS DROPPED BY A GARBAGE COLLECTOR. IT APPEARS TO ME THAT JACK GLOCKNER MUST BE ALLOWING GARBAGE TO BE DUMPED IN HIS JUNK YARD, BECAUSE THERE WAS OTHER GARBAGE AROUND. I FEEL THE CITY SHOULD CHECK THIS FURTHER TO SEE IF THIS IS TRUE. LAST WEEK A NEIGHBOR OF JACK GLOCKNER CALLED ME BECAUSE OF HEAVY SMOKE BLOWING OVER HIS HOUSE FROM A FIRE THAT GLOCKNER MATTER. OUR FIRE INSPECTOR CHECKED WITH JACK GLOCKNER TO SEE IF HE HAD A BURNING PERMIT FOR AN OPEN FIRE. GLOCKNER INFORMED THE INSPECTOR THAT HE HAD A JUNK YARD PERMIT FROM THE CITY, AND THAT HE WAS INSTRUCTED BY THE CITY TO BURN HIS COMBUSTIBLE MATERIAL REGULARLY, AND THAT HE DIDN'T NEED AN EXTRA BURNING PERMIT UNDER THIS JUNK PERMIT. IF THIS IS A FACT WOULD YOU PLEASE AD- VISE ME ON SUCH MATTERS? HAD GOING. I SENT OUR FIRE INSPECTOR OUT TO INVESTIGATE THIS THE ROAD OR LAND GOING TO GLOCKNER'S JUNK YARD IS ALMOST THE CITY COULD DO TO GET GLOCKNER TO PUT A BETTER ROAD TO HIS JUNK YARD? IT WOULD BE TO HIS BENEFIT, BECAUSE OF SERIOUS FIRE STUCK IN THE MUD. ALSO WE WOULD BE TRAPPED IN IF THE FIRE SPREAD BECAUSE THERE IS NO PLACE TO TURN OUR EQUIPMENT AROUND. THE IMPASSABLE FOR FIRE VEHICLES TO DRIVE ON. IS THERE ANYTHING WE ARE RELUCTANT IN GOING DOWN ALL THE WAY FOR FEAR OF GETTING JUNKED CARS ARE LAYING EVERYWHERE. I HOPE THAT YOU WOULD GIVE THIS YOUR EARLIEST ATTENTION. /s/ HOWARD E. IMME" YOURS VERY TRULY, IT WAS THE COMMISSION'S DECISION THAT A JOINT SURVEY OF THE GLOCKNER PROPERTY BE MADE BY THE BUILDING INSPECTOR AND PLAN CONSULTANT. PAGE 7 - PLAN COMM. DECEMBER 5, 1967 HIGHVAY Y RELOCATION - THE FOLLOWING COMMUNICATION DATED NOVEMBER 22, 1967, DIRECTED TO MAYOR GOTTFRIED FROM ATTORNEY HIPPENMEYER WAS READ BY THE RECORDING SECRETARY: I1 DEAR MAYOR GOTTFRIED: THIS LETTER IS IN REFERENCE TO THE PROPOSED CLOSING OF THE ACCESS TO COUNTY TRUNK HIGHWAY r FROM THAT PART OF H1-Y DRIVE LYING EAST THEREOF. THE MATTER WAS OUTLINED IN A LETTER TO YOU DATED NOVEMBER 7, 1967, FROM s. T. BANASZAK, DISTRICT ENGINEER, STATE HIGHWAY COMMISSION. IN EFFECT THE PROPOSAL IS TO BLOCK OFF THE ENTRANCE FROM HI-Y DRIVE ON THE EAST AT ITS JUNCTION WITH THE EAST LINE OF NEW HIGHWAY “Y”. ACCESS FROM THE VEST FROM HI-Y DRIVE TO NEW HIGHWAY Y” WOULD REMAIN. II II I1 SECTION 66.296 KIS. STATS. APPLIES HERE. IN EFFECT, IT PROVIDES THAT THE DISCONTINUANCE OF A PORTION OF A STREET CANNOT BE ORDERED IF WRITTEN OBJECTION TO THE PROPOSED DISCONTINUANCE IS FILED WITH THE CITY CLERK BY ANY OF THE OWNERS ABUTTING-ON THE PORTION SOUGHT TO BE DISCONTINUED OR BY THE OWNERS OF MORE THAN ONE THIRD OF THE FRONTAGE OF THE LOTS AND LANDS ABUTTING ON THAT PORTION OF THE REMAINDER OF THE STREET WHICH LIES WITHIN e 2,650 FEET FROM THE POINT OF DISCONTINUANCE. THIS MEANS THAT IF THERE ARE OWNERS OTHER THAN THE COUNTY OF LANDS WHICH ABUT THE POINT OF DISCONTINANCE, THEIR CONSENT MUST BE OBTAINED. IT ALSO MEANS THAT A MINIMUM OF TWO THIRDS OF ALL THE OWNERS OF ALL THE COMBINED FRONTAGE ON THE STREET LYING BETWEEN THE PROPOSED POINT OF DISCONTINAUANCE AND RACINE AVENUE AND LAND WEST OF THE POINT OF DISCONTINUANCE ON HI-Y DRIVE MUST, BEFORE STARTING PROCEEDINGS TO DISCONTINUE IT WOULD TO HAVE A CONSENT TO DISCONTINUANCE” SIGNED BY THE NECESSARY IN EFFECT, BE OBTAINED. SEEM THAT THE PRACTICAL WAY TO APPROACH THIS PROBLEM WOULD BE I! OWNERS. IF THEIR CONSENT COULD NOT BE OBTAINED IN ADVANCE, I WOULD ABANDON THE ATTEMPT TO DISCONTINUE ALTOGETHER. I AM SENDING A COPY OF THIS LETTER TO MR. BANASZAK, DISTRICT ENGINEER. YOURS VERY TRULY, /s/ RICHARD HIPPENMEYER” 11 IT WAS THE COMMISSION’S DECISION TO PROCEED WITH THE CONSENT OF DISCONTINUANCE”. PLANNER KNETZGFR REQUESTED RERMIS- SION TO ALERT THE PERSONS INVOLVED OF THE SAFETY HAZARD WHICH WILL BE CREATED IF THIS ACCESS IS NOT CLOSED. GRAVEL. INC. - THE FOLLOWING COMMUNICATION DATED DECEMBER 1, 1967, FROM ATTORNEY JACK RADTKE WAS READ BY THE RECORDING SECRETARY AND REFERRED TO THE COMMON COUNCIL: PAGE 8 - PLAN COMM. DECEMBER 5, 1967 MY CLIENT, AS A RESULT OF OUR REQUEST TO MAINTAIN OUR STATUS QUO UNTIL THE PER%A%ENT BEST USE OF THE LAND IN THE AREA OF THE NEW HIGHWAY Y AND 15 CAN BE ASCERTAINED, STOPPED AT THE CITY HALL AND ASKED FOR AN APPLICATION FOR A PERMIT FOR AUXILIARY USE OF THE ASPHALT PLANT IN THE GRAVEL PIT. HE WAS INFORMED THAT NO SPECIAL PERMIT FORMS ARE AVAIL- ABLE AND THAT HE SHOULD HAVE HIS ATTORNEY, OR HIMSELF, REQUEST A PERMIT AND THAT THIS WOULD SUFFICE AS AN APPLICATION. PLEASE BE ADVISED THAT THIS IS THE INTENT OF THIS LETTER. VERY TRULY YOURS, /s/ JACK A. RADTKE” TEXACO. INC. - A .LAND COVENANT AGREEMENT AND NOTICE OF CONDITIONAL USE GRANT HAD BEEN RECEIVED FROM TEXACO IN APRIL, 1967, TO BE HELD IN THE PLAN COMMISSION FILES PENDING RECEIPT OF THE CONDITIONAL USE GRANT FORMS TO BE USED BY THE CITY, THIS RELATIVE TO THE GRANT TO TEXACO TO CONSTRUCT AN AUTOMOBILE SERVICE STATION AT THE CORNER OF TESS CORNERS DRIVE AND HIWAY 24. THE CITY ATTORNEY ADVISED THAT THE FORM SUBMITTED BY TEXACO WOULD~UFFICIENT FOR RECORDING IF A BUILDING PERMIT HAS BEEN ISSUED. As THE PERMIT HAS BEEN ISSUED, THE RECORDING SECRETARY WAS DIRECTED TO RECORD THE DOCUMENT AS SUBMITTED. ADJOURNHENT - MR. RAIMANN MOVED FOR ADJOURNMENT, MR. DEANGELIS , SECONDED THE MOTION AND THE MEETING ADJOURNED AT 11:05 P. M. RESPECTFULLY SUBMITTED, BARBARA J. SANDS RECORDING SECRETARY BJS 12-1 1-67