PCM19710803CITY PLAN COMMISSION
CITY OF MUSKEGO
MINUTES OF MEETING HELD AUGUST 3, 1971
CITY HALL
Mayor Gottfried called the meeting to order at 8:06 P. M.
Clark Barry, Willard Bertram, kld. Harold DeBack and Edward
PRESENT: Mayor Gottfried, Chairman, Alvin Basse, Secretary,
Raimann. Planning Consultant Joseph Mangiamele was also present.
ABSENT: Ald. Robert Burgermeister, William Chase and Zoning Officer Gerald Lee.
MINmES: The minutes of the previous meeting of July 20th, 1971,
were approved as mailed.
PERSONAL APPEARANCES
ROBERT VILLA - Mr. Villa appeared as representative for the
Bd*f Butter and Egg Plant, S66 W14325 Janesville Road, seeking
had granted approval for an addition to the plant March 16th,
approval of an addition. It was noted by the Commission that they
ments, the plant must have additional storage capacity, that this
1971. Mr. Villa explained that because of recent federal require-
would be a 6' x 30' extehsfon of that addition to permit the
will be installed at the present time and possibly two tanks in
installation of three tanks to hold food products, that one tank
the future. He explained that the tanks will be 11' in diameter,
13' long and will have a 9' protrusion on the west elevation,
that they will be painted on the outside to match the masonry
and on the inside to match the interior of the room, that although
three parking spaces will be eliminated to permit the addition,
ample parking will remain. (Actual plans for the addition were
not available at the meeting).
Ald. DeBack moved to approve the addition for the tanks
Mr. Basse seconded the motion and the motion carried.
subject to the condition that satisfactory screening be provided.
EDWARD KUMM - Mr. Kumm, S70 W13031 Woods !?oad, appeared
seeking approval of a sketch for a three parcel division of his
Commission that this is an RS-2 District presently being sewered,
property on Woods Road in Section 1. It was noted by the
that the three lots as proposed will have more than the 20,000
sq. feet required for this district, however, one lot will have
less than the 110' requirement for average width.
out that the areas of the parcels will be more than sufficient
and that he could not foresee any problems with this division.
Ald. DeBack moved to approve the sketch as the Commission
plat. Mr. Basse seconded the motion and the motion carried.
considers it a proper division and will be receptive to a preliminary
Dr. Mangiamele recommended approval of this division pointing
Page 2 - Plan Commission
August 3, 1971
OTHER BUSINESS
CITY OWNFB PROPERTY - It was noted by the Commission that the
Common Council desires to sell a vacant, 5 acre parcel of property
on the east side of Durham Drive north of Woods Road in the NE& of
Section 11, a portion of which is zoned Industrial 1 and a portion
RS-3. Mayor Gottfried advised that the parcel has approximately
180' frontage and will soon be served by sewer. He also advised
that it has been determined .that this property would not be suitable
for use by the city.
to sell this property. Mr. Bertram seconded the motion and the
motion carried.
Mr. 2aimann moved to recommend to the Common Council approval
WILLIAM HONECK - It was noted by the Commission that a petition
to rezone a 3/4 acre parcel of property on Highway 36 in Section 34
from Agriculture to Agriculture with an OHS overlay to permit
construction and operation of a custard stand has been submitted
by William Iloneck, S106 W16480 Loomis Road. It was the Commission's
decision to withhold action until after the public hearing to
be scheduled by and held before the Common Council.
Roberrcohen, representing Mrs. Esther Linden, for determination
ROBERT COHEN - The Commission again considered the request of
of legal status for Lots 7 Sr 8, Block 14, Jewel Crest Subdivision.
meeting, investigation disclosed that Mrs. Linden had signed a
land covenant waiving rights to divide these lots.
of legal status for Lots 7 & 8, Block 14, Jewel Crest Subdivision.
Mr. Raimann seconded the motion and the motion carried.
In accordance with the Commission's action at the previous
Ald. DeBack moved to recommend to the Common Council denial
WAUER GRAVEL - As concerns Mrs. Lydia Wauer's request for
renewal of extractive permit under Conditional Use Grant #20 for
continued mining and processing of sand and gravel in Section 18,
Commission from City Attorney Buckley was read by the .+cording
the following opinion dated August 3rd, 1971, directed to the
Secretary:
"Gentlemen:
the extractive permit for the Wauer Gravel operation. The
restoration plan on file indicates that restoration will be by the
landfill method. This plan is for an area in which landfill opera-
whether or not by approving the gravel permit along with the present
tions are not currently taking place. The Commission has asked
plan of restoration by the landfill method, the City will thereby
would. Since the City requires a restoration plan and bond to carry
obligate itself to such a restoration. It is my opinion that it
out the plan in the event of a default by the owner or operator,
the City is in effect approving the site for a landfill operation.
If the City were to take the position that the restoration plan were
only tentative and could be changed, it would be in effect contradic-
ting the terms of its ordinance which has as its purpose a complete
The Plan Commission is presently considering the renewal of
a
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August 3, 1971
Page 3 - Plan Commission
plan for the use of the land including the use after the gravel
operation is exhausted.
possibility that legislation will be passed authorizing either
counties or the state or both to exercise complete control over
landfill operations. If this happens, the City would have no
control over any landfill operation except to control it under
nuisance ordinances. If, therefore, this site were marked for land-
fill by restoration, there is no doubt in my mind that the state
or the county would then authorize its use for such a purpose over
the objection of the City.
a landfill operation, it should request some other restoration
plan. If when the time comes for restoration an application is
then made for landfill, the City can always allow the change if it
wishes.
One further consideration that should be kept in mind is the
Unless the Plan Commission wishes to recommend the site for
Very truly yours,
/s/ John P. Buckley"
After discussion, Mr. Bertram moved to recommend to the
Common Council renewal of this gravel permit and acceptance of
the motion.
the present restoration plan for land fill. Mr. Barry seconded
a new restoration plan to be submitted in 1972 for some method
of restoration other than landfill." Mr. Basse seconded the motion
and upon a roll call vote the motion to amend carried unanimously.
Ald. DeBack moved to amend the motion to include "subject to
The notion as amended carried.
COhIMUNICATIONS & MISCELLANEOUS BUSINESS
RUDOLPH HEINRICH - The following Resolution #2-71 P. C.
introduced by Mayor Gottfried was read by the Recording Secretary:
to the property presently owned by the American College, and
by the American College when development of their land takes place,
sewer through the use of sewer facilities which would be installed
and
WHEREAS, Mr. Heinrich has requested that the Plan Commission
be made aware of the need for cooperation between himself and the
directors of the American College to insure the availability of
sewers and right-of-way needed to serve his property,
THEREFORE, BE IT RESOLVED that the Plan Commission and the
City of Muskego recognizes the need for cooperation amongst land-
owners to insure proper development of lands w5thin the City.
BE IT FURTHE? RESOLVED that it will be the intent of the Plan
Commission to evaluate the development plans if and when submitted
by the herican College giving particular attention to the needs of
needed by the adjacent property owners for proper development of
the abutting property owners as they relate to roads and sewers
their property.
"WHEREAS, Mr. Rudolph Heinrich owns a parcel of land adjacent
WHEREAS, a portion of his land can only be served by public
/s/ Mayor Jerome J. Gottfried"
August 3, 1971
Page 4 - Plan Commission
Bertram seconded the motion and the motion carried.
Mr. Raimann moved to adopt Resolution #2-71 P. C. Mr.
The following communication dated August 2nd, 1971, directed
Secretary and placed on file:
to the Plan Commission from Mr. Heinrich was read by the Recording
"Gentlemen:
College begins that the surrounding land shall not be deadlocked.
Please consider before the future development of the Art
Church and the north end of my property borders the south end
The lands owned by I, Rudolf Heinrich, are behind the Calvary
of land owned by the future Art College. Most of my land has also
higher elevation than the land owned by the Art College and has natu-
ral flowage to the north. All this high land of mine was planned
to be serviced with roads and sewer according to city planning before
the rezoning of approximately 18 acres of land for the Art College.
I was present at the meeting for the rezoning of land for the Art
College and was in favor of it under the conditions that I have a
public road and sewer access to Highway Y. I noticed from later
information that the Art College will keep the 60 ft. road access
and sewer connection private, which was meant from the beginning
to be public, to open up land east of the Y. The Art College should
donate the 60 ft. acce.ss to Y with the present sewer connection to
the public, City of Muskego, before further development of the Art
College is allowed. The same 60 ft. road access will not interfere
witn the privacy of the Art College. This would provide better
access for other landowners whose land borders the southern part of
land owned by the Art College which will serve the public best in
the future to come.
construction which would be required for development of my land
I agree to pay my share of expense for road and larger sewer
and to serve the public where no harm is done to anyone. I hope
difficulties in the future.
for your cooperation and understanding to prevent obstacles and,
of mine used for future road at Woods Road. I made this access
from Highway Y to my land at the north end behind the Calvary Church
a part of the agreement.
In the letter of agreement with the City of Muskego the land
Sincerely yours,
/s/ Rudolf Heinrich"
TESS CORNERS FIRE DEPT. SUB-STATION - Mayor Gottfried
advised the Commission that the Common Council had not concurred
with the Commission's recommendation to deny the rezoning of the
former Shy property to permit construction of a sub-station. The
commission took no action toward reconsideration.
Page 5 - Plan Commission
August 3, 1971
PLAN COMMISSION SUB-COMMITTEE - In addition to Planning
Consultant lulangiamele and himself, Mayor Gottfried appointed
Ald. DeBack and Mr. Basse to serve on the sub-committee to meet
after this regular meeting with George Weber to discuss modular
home development on the George Schaefer farm.
DEVELOPMENT STUDY - Dr. Mangiamele requested an extension
of time in which to prepare his report in accordance with
Aesolution ifl-71 P. C. He advised that it will be ready for
presentation to the Commission at their meeting September 7th.
ADJOURNMENT: Ald. DeBack moved for adjournment at 9:lO P. M.
Mr. Barry seconded the motion and the motion carried.
Respectfully submitted,
Barbara J. Sands
Recording Secretary
b js
8-6-71