PCM19690121CITY PLAN COMMISSION
CITY OF MUSKEGO
CITY HALL
MINUTES OF MEETING HELD JANUARY 21, 1969
Mayor Wieselmann called the meeting to order at 8:08 P. M.
PRESENT: Mayor Donald Wieselmann, Chairman, Ald. Frank Narlock,
Sec'y, Alvin Basse, Willard Bertram, Charles Buehler, Ed Raimann
Planner Knetzger was present between 8:15 and 8:45 p. M.
and Mrs. Jean Sanders. Building Inspector Lee was also Present-
MINUTES: Ald. Narlock moved to approve the minutes of the
previous meeting of January 7, 1969, as mailed. Mr. Base
seconded the motion and the motion carried.
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PERSONAL APPEARANCES
None
OTHER BUSINESS """_
NEW SYSTEMS, INC. - As concerns the request of New Systems,
Inc.. for a 90 dav. temvorarv vermit to locate a mobile office
at Sonny's Bay Shbie Fobds, Raiine Ave., the following communi-
of Greater Milwaukee was reviewed by the Commission:
cation dated January 14th, 1969, from the Better Business Bureau
'?)ear Ms. Sands:
For your information, our file on New Systems was opened
wares, Inc., of Salt Lake City, Utah. New Systems is engaged
July, 1967. It is reported to be an affiliate of National House-
in promoting the sale of merchandise through telephone inquiries
followed by a letter informing the recipients that they are
entitled to a free gift which must be picked up in person at
the company's place of business.
a sales presentation which includes their being asked to estimate
the retail value of various items on display. After the esti-
mate has been obtained an effort is then made to sell the merch-
$299.85; and $359.85. Persons not familiar with the type of
andise in select groupings at the following prices: $229.00;
merchandise being sold may tend to overestimate its actual
retail value and, therefore, price comparison shopping may be
deemed desirable prior to buylng.
versial nature were adjusted. Some questions and objections have
also been raised regarding this company's method of soliciting
business.
Persons responding to the free gift offer are subjected to
We have received some complaints and those of a noncontro-
G. K. Grimm"
Sincerely yours,
The following memo from the Recording Secretary concerning
the agreement between Ellsworth Koch and New Systems, Inc., was
reviewed by the Commission:
"Ellsworth Koch advised me that an agreement has been made
between himself and New Systems, Inc., for use of the rest room
Page 2 - Plan Commission
January 21, 1969
e facilities, that he is agreeable to the location of the trailer
on his property, that they have offered a substantial rent for
the use of his property and that he is in favor of allowing this
company a permit to operate in the City."
After discussion, Mrs. Sanders moved to deny the permit
requested because of the Better Business Bureau report and due
to the portion of the municipal code which prohibits mobile
trailers in other than trailer courts. Mr. Bertram seconded
the motion and the motion carried.
the Commission to effect a reconsideration.
tion. The motion lost for lack of a second.
Mr. Elliot Kashain then appeared and attempted to encourage
After further discussion, Ald. Narlock moved for reconsidera-
BRYAN ARDIS FRAME PROPERTY - As concerns this request for
from RSA, WF and RS-2 to RSM (Multiple Family), Planner Knetzger rezoning 23.81 acres of property on Janesville Rd. in Sec. 10
reviewed maps of the Frame property as it relates to the Park-
land Plaza planned development and to a proposed senior high
school site, a portion of which would be included on the Frame
property.
Planner Knetzger recommended that the Frame property remain
as zoned with the RSA District (a lower density multiple family
zoning) along Hiway 24 and single family residences to the rear,
that the developer should be made aware that a portion of the
formation is submitted to alter the thinking on this, the existing
property is a potential school site and that unless other in-
zoning to remain.
by the planner and that the Commission will withhold recommenda-
tion to the Council as the report from the city engineer concerning
sewer feasibility has not as yet been received. Mr. Raimann
seconded the motion and the motion carried.
a
Mr. Buehler moved that the minutes indicate the presentation
FRANK AGENTEN - The Commission reviewed the certified survey
map and second percolation report for a two parcel division
of the Agenten property in the SEk of Sec. 1 (Woodridge Subd.).
It was noted by the Commission that at their meeting July 16th,
1968, the Commission did not take action on this division as the
first percolation report had indicated unsatisfactory soil
conditions for a private sewage disposal and because of a drain-
age problem which had been referred to the plan consultant.
Mr. Buehler moved that a letter be directed to Mr. Agenten
advising him that the percolation tests were unsatisfactory,
that if he desires to proceed with the division of land, the
final plat must have "poor percolation" inscribed across the
face of the map, that no building permit will be issued, that
concerned about a drainage problem which may exist and therefore
the Commission questions the location of the creek and is
requests that Mr. Agenten appe-ar before the Commission in
the motion carried.
As the second percolation report was also unsatisfactory,
e regard to these matters. Mr.;';laimann seconded the motion and
Page 3 - Plan Commission
January 21, 1969
BEIERLE - MILLARD - Mr. Dave Beierle, agent for Lorekte-
Millard, appeared and reviewed the following communication dated
January.l8th, 1969, which he had directed to Attorney Buckley
concerning the procedure to follow for this proposed 4 parcel
land division of the Millard property on Racine Ave. in Sec. 16:
“Dear Mr. Buckley,
Plan Commission of the City of Muskego for a four parcel land
On behalf of Mrs. Lorette Millard, I have petitioned the
division of an eleven acre parcel owned by Mrs. Millard on
Racine Avenue in the City of Muskego. A preliminary plot of
October 15, 1968.
this division was approved by the Muskego Plan Commission on
submitted to Ruekert & Mielke, Inc., City Engineers, for
their inspection en December 3, 1968,(a copy of this inspection
report is enclosed). Under special comments you will note
that there are several corrections required. All corrections
required can be effected by my surveyor, Mr. Baudhuin, with
one exception. The Plan Commission is concerned that proper
bility of creating a land locked parcel at the rear of the pro-
procedure be followed, so that there is absolutely no possi-
perty proposed to be divided.
the Plan Commission, and Mr. Russell Knetzger, City Planner,
Mr. Knetzger advised consultation with you as City Attorney,
parcel in this division is completely eliminated.
regarding the matter so that any possibility of a land locked
proceed with this division after final Plan Commission approval
I have discussed the method by which I would intend to
with Mr. Knetzger. He indicated that he felt my proposed
procedure was acceptable providing it would first meet with
your approval.
The preliminary plot and a certified survey map were then
In conversation with Mayor Donald Wieselmann, Chairman of
I propose to proceed with this land division as follows:
I. Plan Commission approval of my proposed procedure.
11. Have Mr. Baudhuin make all necessary changes and additions
to the Millard Certified Survey Map.
.Receive final Plan Commission approval of corrected Certi-
fied Survey Map with the following conditions to be noted
in the minutes of the Plan Commission meeting with final
approval.
A. That the Millard Certified Survey Map is not to be
recorded until the following documents are available
to be recorded as instruments with consecutive document
Millard Certified Survey Map.
numbers immediately following the recording of the
1. A deed from Mrs. Millard to me deeding Parcels A,
B, C, & D of the above recorded Millard Certified
Survey Map.
Page 4 - Plan Commission
January 21, 1969
2. An easement over the easterly 60 ft. and the
southernly 60 ft. of ParcelC of Certified Survey Map
Waukesha County on July 19, 1967, in Vol. 4 of Certi-
recorded in the office of the Register of Deeds for
fied Survey Maps on Pg. 103 as Doc. #689751 and being
Survey Map, Parcel C of Map #689751 is now held in
contiguous with Parcel D of the Millard Certified
This easement will provide full access for Parcel D
fee simple by David R. Beierle and Betty L., h.w.,
of above recorded Millard Certified Survey Map. Said
easement to cite that it would cease at such time that
permanent public road access to Parcel D of Millard
Certified Survey Map becomes available.
I feel that proceeding in the above manner will totally
preclude any possibility of the creation of a land locked
parcel. I would much appreciate, providing the above meets
with your approval, if you would notify the City of Muskego
Plan Commission in writing to that affect and enclose a copy of
this letter of explanation.
Thank you for your kind cooperation in this matter. 0 /s/ David R. Beierle" Yours very truly,
Mayor Wieselmann advised that Attorney Buckley had verbally
indicated approval of the procedure subject to the condition that
decision that the road be reserved.
the easement for road be reserved. It was the Commission's
land as indicated in the above communication. Mr. Buehler
seconded the motion and the motion carried.
Ald. Narlock moved to approve the procedure for division of
1969, from City Attorney Buckley was read by the Recording
Secretary:
"Gentlemen:
College Ave. and Martin Dr. in the City of Muskego. Within
to operate a gasoline service station near the intersection of
500 feet of this location there is an existing service station.
This is located in the City of New Berlin. One of the conditions
of the ordinance is that no such service station shall locate
or build within 500 feet of one another unless the Plan Commis-
sion determines upon examination and report of the City Engineer
the effect such a station would have upon traffic conditions
and whether it would result in a traffic, fire, health or safety
hazard or would be likely to constitute a nuisance in the neigh-
borhood.
SUN OIL CO. - The following communication dated January 17,
The Sun Oil Company has applied for a conditional use permit
Page 5 - Plan Commission
January 21, 1969
vision is fully met since there are no stations in the City of
The petitioner in his application states that this pro-
Muskego within 500 feet of petitioner's location. You ask whether
or outside of the City.
the ordinance would apply to a service station whether inside
It is my opinion that the condition is valid regardless of
appear that the City would be attempting to impose its own
the location of the existing station. At first blush it might
ordinance upon an adjoining municipality; thus exercising a
form of extra-territorial zoning jurisdiction, but this is not
true. The ordinance does not attempt to zone any property
in the City of New Berlin. It merely concerns itself with ex-
isting conditions that might result from the building of a
That the location of two service stations within 500 feet of
service station and this is the legitimate concern of zoning.
each other may or may not create traffic, fire, safety, health
or nuisance hazards is the question to be determined by the
Commission. This affects its use in Muskego and surrounding
conditions regardless of whether in Muskego or New Berlin are
relevant factors. It might be noted that 62.23 (7) Statutes
takes note of the fact that adjoining municipalities may be
notice of the hearing on the zoning change be given to the Clerk
concerned with each others zoning since it now provides that
feet of the land to be affected by the change.
of an adjoining municipality whose boundaries are within 1,000
It is my opinion that the Commission must consider the fact
that the proposed station is within 500 feet of another station
and before making its final decision on the request must re-
solve the question of whether or not the hazards listed in the
ordinance will exist by vitue of the granting of the permit.
Very truly yours,
/s/ John P. Buckley"
fication of the ordinance to determine if the 500' measurement
between service stations would be measured from building lines
Recording Secretary list the assessments of service stations in
or property lines. It was also their decision that the
Muskego and obtain the assessment of the Hometown Service
Station in New Berlin.
It was the Commission's decision to request a further clari-
ADJOURNMENT - Mrs. Sanders moved for adjournment, Ald. Nar-
lock seconded the motion and the motion carried. The meeting
adjourned at 9:35 P. M.
Respectfully submitted, flu
'Barbara J. Sands
Recording Secretary
b js
1-24-69