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PCM197111020 0 CITY PLAN COMMISSION CITY OF MUSKEGO MINUTES OF MEETING HELD NOVEMBER 2, 1971 CITY HALL Mayor Gottfried called the meeting to order at 10:02 p. M. PRESENT: Chairman Jerome Gottfried, Secretary Alvin Basse, Clark Barry, Willard Bertram, Ald. Robert Burgermeister, William Chase, Ald. Harold DeBack and Edward Raimann. Planning Consultant Joseph Mangiamele and Zoning Officer Gerald Lee were also present. MINUTES: The minutes of the previous meeting of October 26th were approved as mailed. WAUER LANDFILL, INC. - A public hearing to consider the reouest of Wauer Landfill. Inc.. for renewal of permit for a saiitary landfill site in'Section 18 was held just prior to this regular meeting. Ald. DeBack and Mayor Gottfried reviewed conditions indicated in the lease agreement between the City of Muskego and Carl and for the benefit of the citizens of the city. It was noted by the Lydia Wauer for 33.61 acres of land for a public dump site used also noted by the Commission that the petition from Wauer Landfill Commission that the lease agreement period ends in 1973. It was is for an area encompassing 134 acres which includes the area leased by the city. operation once a week and has yet to find the area in disarray. He submitted and reviewed photographs and site plan of the landfill operation. Mr. Raimann moved to defer action on this request and refer connection with Ordinance #194 to see if they have complied with same to the city's engineer for review of the Acme proposal in all requirements. Mr. Chase seconded the motion and suggested that the following be submitted: being filled and existing conditions. Mr. Barry reported that he has checked the existing landfill 1. A yearly restoration plan which would indicate the areas 2. A final grade plan and topography indicating future grades. 3. A drainage study to indicate temporary and final drainage The motion carried. patterns and treatment of existing water ponding. of Norman Thomas and Allen VanDvken for a sanitarv landfill site THOMAS - VAN DYKEN - A public hearing to consider the request in Section 5 on the former Gravel, Inc., property-was held just prior to this regular Plan Commission meeting. The Commission discussed the $25,000 restoration bond held under the permit which had been granted to Gravel, Inc. Council that necessary steps be taken to require Gravel, Inc., to Mr. Chase moved that recommendation be made to the Common fulfill their obligations under the restoration bond. Mr. Bertram seconded the motion. After further discussion, Mr. Chase withdrew this motion with the consent of his second, Mr. Bertram. pending review of a former legal opinion on bonding and to request Ald. Burgermeister moved to defer action on this request a legal opinion from the city attorney to determine responsibility of restoration as it relates to past and present ownership. Mr. Basse seconded the motion and the motion carried. ~~ Page 2 - Plan Commission November 2, 1971 for a 42 lot subdivision in Section 4 of the James Parks property. It was noted by the Commission that at the previous meeting they had referred this preliminary sketch to Dr. Mangiamele for review and recommendation. Dr. Mangiamele suggested that prior to his review the Commission should determine what percentage of development they would permit. During discussion, it was noted that this property is not in the assessment district but is located in the sewer district, that if sewered the flow would go down Island Drive to Muskego Drive and that the sewer along Muskego Drive is sized to handle this additional effluent. The Commission then discussed a method by which to permit a rate of development in the city which would not overburden the temporary sewage facilities. as proposed in Alternate B until January 1, 1974, contingent Mr. Chase moved that the Plan Commission adopt the policy on its review and favorable opinion from the city attorney and subject to the following changes: JAMES PARKS - The Commission reviewed a preliminary sketch In Item 9 change $35,000 to $30,000. In Item 12 change the second sentence to read: "Houses must be started within 30 days from the date of permit obtained and completed within 120 days of said date." shall be placed within a capital account to defray the cost of park, school and sewer facilities." the number of building permits issued reaches 95% of 200 in the Change Item 16 to read: "If during any period before 1974 northwest district and 490 in the northeast district, the building further building permits will be issued until action by the Common inspector will make a public announcement to the fact and no Council. Ald. Burgermeister seconded the motion. Discussion followed regarding Alternate B vs. the mayor's proposal of per- mitting 65% development in the assessment district and upon a roll call vote, Mayor Gottfried, Mr. Basse, Mr. Barry, Mr. Bertram, Ald. Burgermeister, Ald. DeBack and Mr. Raimann voted "no", Mr. Chase voted "yes" and the motion lost. subdivision was erroneously labeled a preliminary plat, that the Mr. Barry pointed out that the plan submitted for the Parks information necessary for preliminary plat approval had not been submitted. proposal until drainage and street plans have been submitted. Mr. Ald. Burgermeister moved to defer action on the Parks was the Commission's opinion that before the developer should go Barry seconded the motion. Discussion followed during which it to the expense of more complete drainage and street plans some indication should be given if the city would accept a percentage of the development. Ald. Burgermeister moved to withdraw his motion with the consent of his second, Mr. Barry. submitted and request that Mr. Parks submit a new drainage and Ald. Burgermeister moved to reject the preliminary sketch vote, Mayor Gottfried, Mr. Basse, Mr. Bertram, Mr. Chase and Mr. road plan. Mr. Barry seconded the motion and upon a roll call Raimann voted "no", Mr. Barry and Ald. Burgermeister voted "yes, Ald. DeBack abstained and the motion lost. ment. Mr. Raimann seconded the motion and upon a roll call vote In Item 13 change the $500 fee to $200 and add: "Such payment Ald. Burgermeister moved to re.ject the Parks proposed develop- Page 3 - Plan Commission November 2, 1971 Ald. DeBack voted "no", Mayor Gottfried, Mr. Basse, Mr. Barry, Mr. Bertram, Ald. Burgermeister, Mr. Chase and Mr. Raimann voted "yes" and the motion carried. VERNON HIGHLANDS - The Commission reviewed the plat for Vernon Highlands Subdivision in the Town of Vernon which falls At the last meeting the Commission had referred this proposed within the extra-territorial jurisdiction of the City of Muskego. subdivision to the planning consultant and city's engineer for review and recommendation. Mr. Barry and Dr. Mangiamele reported favorably. seconded the motion and the motion carried. Mr. Basse moved to approve Vernon Highlands. Mr. Barry MELPORD FOTH - The Commission reviewed the petition submitted by Melford Foth to rezone a 1.791 acre parcel to B-2 to permit development of service establishments. It was noted by the Com- mission that the public hearing to consider this request had been held before the Common Council October 12th. At the last meeting the proposal had been referred to the planning consultant for review of the Foth property west to determine potential proper zoning. by the new Highway "Y', Highway 24 and the electric company right-of-way be rezoned to RS-2 with anOOSoverlay. Mr. Barry reported that the Foth property does have a buried telephone cable crossing it. to initiate a petition to rezone the entire triangle bounded by of-way from RS-2 to RS-2 with an 00s overlay. Ald. DeBack seconded the new Highway "Y', Highway 24 and the electric company right- the motion and the motion carried. Mr. Chase moved to recommend to the Common Council to deny seconded the motion and the motion carried. the request of Melford Foth for 8-2 zoning. Ald. Burgermeister Dr. Mangiamele recommended that the entire triangle bounded Ald. Burgermeister moved to recommend to the Common Council JOSEPH HOROVITZ - The Commission reviewed the petition submitted by Joseph Horovitz for rezoning a 3/4 acre parcel of property on Janesville Road in Section 1 from RS-2 to RSM. It was noted by the Commission that at the public hearing to consider the request for rezoning the petitioner had changed the request to 00.5. At the last meeting the Commission had requested a legal opinion from the attorney regarding the legality of changing the zoning at the public hearing as well as referring the rezoning to the Planning Consultant for review and recommendation. verbally that it will be necessary to hold another public hearing to consider the 00.5 rezoning. a residential area it should remain residentially zoned. It was the Commission's opinion that because of its location the property would not lend itself to single family development. Dr. Mangiamele additional properties should be included - in particular the Yanny recommended that if the Commission considers rezoning to 00s and Gumieny properties which abut the Horovitz parcel. a petition to rezone the Yanny, Gumieny and Horovitz properties to RS-2 with .an 00.5 overlay. Ald. Burgermeister seconded. Motion ca.r.?;Pd Mayor Gottfried reported that Attorney Buckley has advised Dr. Mangiamele recommended that because the area is essentially Ald. &Back moved to recommend to the Common Council to initiate Page 4 - Plan Commission November 2, 1971 HALES CORNERS STATE BANK - The Commission reviewed the & Beck property which the State Bank, Hales Corners, desires to certified survey map for divi'sion of 0.844 acres of the Lazynski September, 1971. purchase, same prepared by Hoffmann, Polzin, Becker & Assoc. Burgermeister moved to approve the certified survey map. Ald. DeBack seconded the motion and the motion carried. In accordance with Engineer Barry's recommendation, Ald. GEORGE SMALL - The Commission reviewed a sketch for a three parcel division of the George Small farm at the intersection of College Avenue and Janesville Road in Section 1. It was noted by the Commission that this is an RS-2 OHS District, lot size requirement being 110' average width and 20,000 sq. ft., that the 220' average widths, that the Small property is served by sewer lots as proposed will be in excess of 60,000 sq. ft. with 180 and from Janesville Road. There was discussion of the possibility of Mr. Small sewering the proposed lots through an easement across the farm from Janesville Road. Commission will be receptive to a preliminary plat and certified survey map. Ald. DeBack seconded the motion and the motion carried. Mr. Raimann moved to approve the sketch and that the JOSEPH GACEK - The Commission reviewed a sketch of a ten acre division of the Joseph Gacek property on Field Drive in Section 7 which was brought to the attention of the city through the tax listing office. Mr. Gacek's property was initiated by a court order from Judge William E. Gramling July 13, 1971, and in accordance with Section 18.04 of the Subdivision and Platting Ordinance, a division resulting through court order is excepted from city approvals. Zoning Officer Lee advised that the ten acre division of 0 ZONING ORDINANCE AMENDMENT - At the last meeting Zoning Officer Lee had submitted recommended changes to Sections 5.04 (1) D.. 5.02 (41, 5.02 (5) and 5.02 (2) C.-of the zoning ordinance fo; the Commission's review prior to this meeting. to amend the zoning ordinance as proposed. Mr. Raimann seconded Ald. Burgermeister moved to recommend to the Common Council the motion and the motion carried. Mayor Gottfried advised that the Rules, Laws & Ordinance Committee has made revisions to the amendment to the zoning ordinance as proposed by the Plan Commission to include duplexes. Page 5 - Plan Commission November 2, 1971 a COMMUNICATIONS WALTER WOLLMAN - The following communication dated October 21st directed to the Mayor and Planning Commission from Jack L. LaBonte, president of Rite Realty Corporation was read by the Recording Secretary: "Gentlemen: located on Durham Drive and Highway 24, be included in the 65% concept as proposed by the Planning Commission and Common Council. will consist of approximately 183 units under planned unit development. for review and comments and the preliminary plat is being prepared. We are hereby requesting that the Walter Wollman farm, This farm which is in the sanitary sewer assessment district A preliminary sketch was presented to the Planning Commission Very truly yours, /s/ Jack L. LaBonte" Ald. DeBack moved that Rite Realty Corporation be advised with 65% development of the Wollman property. Ald. Burgermeister that the Plan Commission will be receptive to their proceeding seconded the motion and the motion carried. ZONING ORDINANCE AMENDMENT - At their meeting October 5th, the Plan Commission had recommended to the Common Council that Section 6.02 (4) B. be amended to include the following: "The petitioner for the planned development project shall be responsible for payment of all engineering and planner's fees to cover the cost of checking plans and specifications in the planned development proposal. '' The following communication dated November 1st directed to the Plan Commission from Mayor Gottfried was read by the Recording Secretary: "Gentlemen: your suggestion regarding Sec. 6.02 (4) B be returned to you to consider the possibility of increasing the fee basing it on the size of the development. The Rules, Laws & Ordinance Committee has requested that /s/ Jerome J. Gottfried" It was the Commission's decision to give this consideration prior to the next meeting. CITY ENGINEER' S REPORTS JACK GLOCKNER - Mr. Barry reported that he and Mr. Bertram havemde an on-site inspection of the Glockner property as progress has been made toward construction of the berm. prerequisite for bond determination. He also advised that some ADJOURNMENT: Ald. DeBack moved for adjournment at 12:37 P. M. Rr. Basse seconded the motion and the motion carried. bjs 11-9-71 Respectfully submitted, Barbara J. Sands Recordine Secreta.rv