PCM19700409CITY PLAN COMMISSION
CITY OF MUSKEG0 e
CITY HALL
MINmES OF MEETING HELD APRIL 9, 1970
Mayor Wieselmann called the meeting to order at 8:05 P. M.
PRESENT.: Mayor Donald Wieselmann, Chairman, Ald. Frank Narlock,
Sec'y, Alvin Basse, Charles Buehler, City Engineer Joseph
Kelsenberg and Mrs. Jean Sanders. Planning Consultant Joseph
Mangiamele and Deputy Zoning Officer William Robb were also present.
ABSENT: Willard Bertram, Edward Raimann and Zoning Officer Lee.
nvious meeting of March 17, 1970, as mailed. Ald. Narlock
MINUTES: City Engineer Kelsenberg moved to approve the minutes of
seconded the motion and the motion carried.
""""" PERSONAL APPEARANCES
JAMES PRATT - Mr. Pratt, W203 S10364 N. Shore Drive,
representative of property owners in Lake Denoon Estates,appeared
on Lake &noon, which the city had recently acquired for back
requesting the Commission to approve the sale of a parcel of property
taxes, back to the former owner, William Kilps Sons, so that he
could in turn convey the parcel to the property owners in the
question for the Commission's review. '
subdivision. Mr. Pratt submitted photographs of the property in
The following communication dated March 17, 1970, from
Attorney William F. Reilly was reviewed by the Commission:
"Gentlemen:
Denoon Estates.
they would have an easement to Lake Denoon. This easement was
actually recorded, and I am enclosing a copy of the same. The
easement further provided that all the property owners were to
share the taxes equally.
proportion to the benefit derived from the easement, the city
dual parcel, and sent this bill each year to Wm. Kilps Sons
continued to assess the land covered by the easement as an indivi-
Wis. Apparently, Mr. Kilps failed to pay any of the tax on
Developments, Inc., 12065 West Janesville Road, Hales Corners,
owners that there was in fact a real estate assessment on said
this parcel, and further failed to notify any of the property
easement. That, therefore, because the taxes were in arrears
the county acquired the property for unpaid taxes, and then conveyed
the parcel, by tax deed, to the City of Muskego.
reconvey this parcel back to him so that he in turn can convey
is willing to pay the taxes that were not paid, would the city
the parcel to the property owners in the subdivision.
This office represents some of the property owners in Lake
At the time they purchased their lot, they were advised that
Apparently, rather than increasing the value of each lot in
0
What I would like to know at this time is that, if Mr. Kilps
Sincerely,
HIPPENMEYER, REILLY & ARENZ
/s/ William F. Reilly"
April 9, 1970 Page 2 - Plan Commission
to the Finance Committee from City Attorney John Buckley was also
reviewed by the Commission:
"Gentlemen:
I have reviewed the matter of the tax deed sale of the County
of Waukesha to the City of Muskego on certain lands constituting
real estate and a channel which provide access to Lake Denoon. It
is my opinion that the sale of these lands to the City of Muskego
was properly done. On the question of whether the City is interested
in conveying the property back to the original owner so that the
original owner may then convey the property to owners of lots in
the subdivision, the following statutes are applicable:
(1) Section 75.35 (2) (12) which provides in effect that the
owners thereof.
city may sell and convey tax deeded lands to the former owner or
may, at its option and by ordinance, provide that the former owner
who has lost title through delinquent tax collection procedures
may be given preference in the right to repurchase such lands as
the ordinance may provide.
forceable restrictions and covenants running with the land are
(3) Section 75.14 (4) which provides that any valid and en;
enforceable after the issuance of a tax dked.
(4) Section 62.23 (5) which requires the matter of the sale
of lands owned by the city for various purposes to be referred
to the City Plan Commission. While this last statute may not be
strictly applicable to the present situation, I would definitely
Plan Commission be made.
recommend that if the sale is considered, that the referral to the
It would appear in the current record that persons owning
described in the tax deed, both for ingress and egress to a channel
lots on Lake Denoon Estates obtained an easement to the lands
and for the mooring of boats on said channel, which channel leads
to Lake Denoon. Thosepersons still have these rights. The problem
the city faces is whether or not it wishes to retain title to these
lands and thus have this strip of land and the channel provide
width of strip of land, width of channel, parking facilities, etc.,
public access to Lake Denoon. The physical circumstances such as
are unknown to me, but these questions certainly should be examined
by the Committee or a proper Council Committee or agency before
any final decision is made.
The following communication dated March 23, 1970, directed
(2) Section 75.35 (3) which provides that the governing body
a
Yours very truly,
/s/ John P. Buckley"
the property owners in Lake Denoon Estates from William Kilps
Sons Developers, Inc., agreeing to deed this parcel to them if the city conveys the property back to him.
Ald. DeBack advised that the property owners had actually
paid for the rights to the lake when they purchased their lots
dicated in their easement.
and that this parcel was never intewded for public access as in-
Dr. Mangiamele pointed out that the property owners still
Mr. Pratt read a communication which had been directed to
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April 9, 1970 Page 3 - Plan Commission
~a have the right to use the access even though the city now owns
the property; however, city ownership allows public access. He
questioned if there were other accesses to Lake Denoon and Mr.
Pratt advised that there is a public access on the opposite side
of the lake.
inspection of the parcel - that it is narrow, not suitable for
boat launching or a public access because the parking is inade-
quate.
Mayor Wieselmann expressed the opinion that the property
be morally right in trying to open the parcel for a public access.
should be returned to the property owners, that the city will not
It was the Commission's opinion that this parcel had been .
originally intended for access only for the 15 property owners in
Lake Lknoon Estates and the following motion resulted:
parcel be conveyed to William Kilps Sons Developps, Inc., subject
stood that William Kilps Sons will. in turn convey this property
to an adjustment for back taxes and that it be distinctly under-
to the 15 property owners involved. Ald. Narlock seconded the
motion and the motion carried.
City Engineer Kelsenberg reported that he has made an on-site
Mr. Buehler moved to recommend to the Common Council that this
DAVID CUNNINGHAM - Mr. Cunningham, representative of North-
land Developers, appeared seeking architectural approval of an
addition for expansion of the existing A & P grocery store as well
prepared by Charles William Luedtke, Architect, March, 1970, was
as two additional commercial stores. A site plan which had been
reviewed by the Commission as well as elevations and building
noted by the Commission that a site plan indicating the proposed
plans, also prepared by Architect Luedtke, March, 1970. It was
addition had been reviewed and tentatively approved at the Plan
Commission meeting Pebruary 2, 1965, same also reviewed.
e
Deputy Zoning Officer William Robb reported as follows:
'1. Proposed addition of 7800 sq. ft. has had prior approval
approximately 9130 sq. ft. which is an additional 1330 sq. ft. (see original site plan). Addition as now proposed contains
2. The original installation showed 55 parking spaces and
75%. which is a very high percentage, of total area for prime
showed 27 additional future spaces for a total of 82. Allowing
floor area to formula, will give a total of 81 parking spaces
needed.
balance of wall in concrete block. Builder has stated he would
lift elevation will have a 12-3/4 ft. return as above, with
be amenable to building this wall of stack bond block, painted.
One of the reasons for not doing left elevation all in brick is
because of possibility of acquiring more land for future extension
to east.
as required by Zoning Ordi nance and previous approval of Planning
Commission.
the Board of Appeals.
later date."
3. Exterior front will be of matching brick and glass. The
e 4. The 10' buffer strip along east lot line will be maintained
5. Setback on original building has previous approval from
6. Any additional signs will be submitted for approval at a
Page 4 - Plan Commission
April 9, 1970
on the east exterior rather than the use of brick. Mr. Cunningham
pointed out that it is a possibility that the shopping center may
with the addition. Dr. Mangiamele pointed out the problem of
be extended east to Lannon Drive and this wall would be common
the maintenance of painted block.
approva,:. of the plans as submitted for an addition to the A & P
grocer.'y store subject to the condition that the east exterior
elevation be of painted, stack bond block. City Engineer Kelsen-
berg seconded the motion and the motion carried.
There was discussion of the use of painted stack bond block
After further discussion, Mrs. Sanders moved for architectural
OTHER BUSINESS """_
GILBERT STICKMEY - The Commission reviewed a certified survey
W%, Sec. 17 and E%, Sec. 18, taking into consideration that the
map for a three parcel division of the Stickney property in the
meeting March 17, 1970. City Engineer Kelsenberg recommended
preliminary plat for this division had been approved at their
approval.
motion and the motion carried.
Ald. Narlock moved for approval. Mr. Basse seconded the
a HALES CORNERS STATE BANK - The Commission reviewed a request
for a 48" x 36" sign advertising "Free Checking'' to be attached
to their existing sign at the Hales Corners State Bank, Janesville
Road.
to zoning ordinance requirements.
seconded the motion and the motion carried.
Deputy Zoning Officer Robb reported that the sign conforms
Mr. Basse moved to approve the sign as submitted. Mr. Buehler
HI Y RANCHES SUBDIVISION - The Commission reviewed a proposal
Ranches Subdivision to the city for use as a "turn around". It
from S. Robert Eentini offering the sale of Outlot 1 in Hi Y
was noted by the Commission that there is an easement for access
to the former Nike site across this property. Mr. Raymond Wallner
having a temporary road easement along the west subdivision line
advised the Commission that perhaps they should also consider
dedicated to the city at this t ime. City Engineer Kelsenberg
reviewed the area in question for the Commission.
March 23, 1970, was reviewed by the Commission:
"Gentlemen:
title to the property adjoining County Highway "Y'' and formerly
I have made a preliminary examination of the status of the
the subject of an easement to the U. S. Government. This property
was formerly owned by Helen M. Luehring, George E. Luehring and
William Luehring, Jr., and has been conveyed to Robert Lentini.
The following opinion from City Attorney Buckley, dated
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Page 5 - Plan Commission
April 9, 1970
e However, the Luehrings conveyed to the United States of America
a perpetual easement and right-of-way in 1965. The government when
perty subject to the easement to Mr. and Mrs. Schmidt. Therefore,
it conveyed the Nike Site conveyed any interest it had in the pro-
before the City can acquire good title to the property involved,
it should obtain a Quit Claim Deed.. from Mr. & Mrs. Schmidt and
a Warranty Deed from Mr. Lentini, both of which should contain a
clause expressly abandoning any rights that they or their successors
or interests may have acquired by virtue of the original easement.
Very truly yours,
/s/ John R. Buckley"
Ald. Narlock moved to defer action on this matter until
motion and the motion carried.
the easement problems have been resolved. Mr. Basse seconded the
Planning Consultant Mangiamele contact Mr. Lentini to discuss the
road and easement problems.
Mr. Buehler suggested and the Commission concurred to have
LOT 62 - JEWEL CREST SUBDIVISION - Mrs. Sanders moved to
initiate a petition for a conditional use grant for the purpose
of allowing'a lift station on Lot 62, Jewei Crest Subdivision,
City Engineer Kelsenberg seconded the motion and the motion
and to schedule a public hearing for May 19, 1970, 7:45 P. M.
carried.
TESS.CORNERS VOLUNTEER FIRE DEPT. - The Commission reviewed
a petltion initiated by the Common Council to rezone a parcel of
property on Loomis Road in Section 25 from R-3 to R-3 with an OIP
overlay for the purpose of permitting the construction and
operation of a fire station. Deputy Zoning Officer Robb reported
that all uses in the OIP District require Plan Commission approval
of building. site and operational plans.
of this rezoning. City Engineer Kelsenberg seconded the motion
and the motion carried.
Ald. Narlock moved to recommend to the Common Council approval
"""""" CITY ENGINEER'S REPORTS
CITY INDUSTRIAL PARK - City Engineer Kelsenberg reviewed the
following report regarding changes in the layout on the preliminary
plat for-the-city's-industrial park:
1. The street width of 72' with a 20' lot line radius at
2. The relocation of the Telephone Company easement.
3. The creation of a park in the triangle.
a better sideyard from the existing dwelling.
4. The moving of the north-south street 20' west to provide
5. The elimination of the planting along the Wisconsin
Electric Power Co. right-of-way west of the north-south street.
6. The moving of the planting along the Wisconsin Electric
Power Co. right-of-way west of the north-south street onto the
property north of the Wisconsin Electric Power Co. right-of-way.
intersections.
e
Page 6 - Plan Commission
April 9, 1970 a 7. The aqiring of a 20’ easement for the planting of
8. The negotiation of an easement of uniform width along the
Item #6.
southerly line of the Wisconsin Electric Power Co. right-of-way
to replace the one of varying widths. (This is to facilitate
the surveying of the curve.)
City Engineer Kelsenberg advised that the telephone cable
move at a cost to the city of $5,000.
is 3’ underground, that it will take approximately 9 months to
liminary layout for the industrial park subject to the acquiring
Ald. Narlock moved to approve these revisions to the pre-
of the easements necessary as indicated in Items 7 & 8. Mr.
Buehler seconded the motion and the motion carried.
””“
ADJOURNMENT
Mr. Basse moved for adjournment at 9:30 P. M. City Engineer
Kelsenberg seconded the motion and the motion carried.
Respectfully submitted,
Barbara J. Sands
Recording Secretary
4-16-70