PCM19861118I CITY OF MUSKEG0 a PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON November 18, 1986
Mayor Wayne Salentine called the meeting to order at 7:07 P.M.
PRESENT: Chairman Wayne Salentine, Edward Raimann, Jerald
Hulbert, Alderman Frank DeAngelis, Secretary Les Constantineau,
Dr. Peter Parthum, Jack Schmidt and Zoning Officer Gerald Lee.
MINUTES Dr. Parthum moved to adopt the minutes of the November
4, 1986 meeting. Mr. Raimann seconded and the motion carried.
OLD BUSINESS:
CREATIVE RESOURCE VENTURES LTD. On the floor (deferred
from Nove2ed for the comments of
the plan commission members regarhing the petition, Alderman
DeAngelis stated that there was no guarantee that upon completion
Creative Resource Ventures would not petition the state for a
landfill permit. Mr. Halleen could not guarantee to putting this
restriction on the project. Alderman DeAngelis stated he was not
agreed that it would be a mistake to approve the project with the
in favor of approving this operation. Dr. Parthum spoke next and
0 strong feelings expressed by the people regarding the potential
damage of this undesireable environment near their property. The
bottom line was that he felt this venture would not be good for
not gain the City of Muskego anything except a short term
the City of Muskego. Mr. Constantineau felt approving this would
monetary benefit. Mr. Hulbert was not convinced that the area
would be properly returned to agricultural use and would like to
have had a reference point of a completed extraction/landfill to
refer to. He urged all of us to look into changes in the
city/state ordinances so that future investors could not come in
and use the City of Muskego. Mr. Mark Halleen passed out a list
of ten reasons why the Plan Commission should approve the
extraction permit. The Mayor indicated that the City Attorney
had sent a letter stating that the proposal followed the state
statutes and felt that the proposal did not present any legal
problems. Alderman Dumke stated that the Mayor of Franklin had
indicated his disapproval of the extraction site for Muskego. He
urged the Commission to look into the future 10 to 15 years and
consider the possibility that could exist with the pollution of
home owners in the area. Mr. Nick Aron from the Wind Lake
water 4 to 5 miles from the proposed site. This would affect the
Management District questioned the change in contour of the
project when the clay was removed. After speaking with Mr.
Halleen he stated that the Wind Lake District would like to voice
for the record their disapproval of the project. Mr. Skip Bartes
read a letter to the Plan Commission stating his reasons for not
PLAN COMMISSION - Page 2
November 18, 1986
wanting the clay extraction. His basis was that the future of
Muskego could be "Dump City" if we did not act in our best
has to be changed so that the City could control its own
interests at this time. Mayor Salentine stated that legislature
destiny. Mr. Canfield emphatically stated that the City has to
show the State that we don't want the landfills here and that
this could be accomplished by saying no now. Margaret Schwartz
stated that the landfills began with Briggs and Stratton and the
assumption that these areas didn't have much potential for
maybe we could set the matter aside for the time being, work anything else other than landfills. Dr. Parthum mentioned that
together with organizations such as Creative Ventures and other
communities in a sharing effort to get the laws changed to
everyone's satisfaction. The Mayor indicated that a vote should
be taken before the conditions were set in the event the proposal
did not pass. Mr. Constantineau moved to table the original
resolution. Dr. Parthum seconded and upon a roll call vote the
motion carried. Upon a roll call vote the motion to adopt
Resolution #P.C. 186-86 (As Amended) was defeated unanimously.
The Mayor indicated that this matter would now appear on the
meeting. He asked Representative Lepak to keep the City apprised
Common Council agenda and urged the people to attend this
of the ongoing status of legislature regarding these matters.
a The Plan Commission took a short recess. - The meeting resumed at 8:O5 P.M.
Resolution #196-86 ( on the floor) and the proposed
MUSKEG0 ICETRONAUTS The Recording Secretary reread
changes/additions presented by the Icetronauts. Alderman Taube
explained the changes were made to accomodate some of the
objections raised by the citizens in the proposed area. He
stated that nothing could probably be done regarding the noise
and dust but that the site would be used approximately three
times a year and the other 49 weeks would be a grassy untouched
environment as it is now. Mr. Heyer spoke and urged the Plan
Commission not to lose the objectivity of the situation. The
bottom line would be that a race track would be located in a
residential area. He stated that the Plan Commission's
home owners. Mr. John Johnson spoke and passed out copies of objectives were to uphold the health, safety and welfare of its
City ordinances underlining his interpretation of the ordinance,
its guidelines and enforcement in particular off street parking,
shielded lighting, special permits. Mr. Pronschinske spoke of
the current other uses in this same residential area such as a
kennel, wood cutting operation and hot tub establishment. He
felt that an area used for snowmobile functions three times a
year was not out of line. Mr. Bob Webster stated that thjs area
would remain a grassy meadow as it is now, not an asphalt jungle
and would not change the natural environment. Dr. Parthum
PLAN COMMISSION - Page 3
November 18, 1986 0 expressed his concern that the ordinance allows for this type of
conditional use in a residential area. Zoning Officer Lee stated
that the ordinance was 20 years old and should be reviewed. Mr.
Jerry Loebel stated his concerns for the wildlife, the decreased
property value, and parking on Parker Drive. Mr. Dan Danko
questioned looking into the ordinance and found it contradictory
area. Mr. Pronschinske indicated that for five years the trails
that a small trucking concern is located in this residential
have run behind Mr. Loebel's property and the wildlife always
return. Dr. Parthum stated that he respected the Icetronauts
community but would have to vote no to the proposal of a race
organization, Alderman Taube and the civic work they did for the
track in a residential neighborhood. Mr. Constantineau echoed
Dr. Parthum's views and would vote no. Mr. Hulbert stated that
when a person buys a home he does not buy the scenic rights. He
sacrifice and that consideration be given to this group for the
felt that three events a year would not constitute a large
civic help given to the community. He would not mind having the
view of this grassy field next to him. Mr. Raimann stated that a
residential area was not the correct place for a snowmobile
at the zoning book and question why we have it. Alderman
track. Mayor Salentine stated that this issue had made him look
people and that this residential area was not the place to put
DeAngelis stated that land was the most important thing to the
the track. He felt the area was the most viable area to pick at
looking for another site. Mr. Schmidt felt that the decision had
been made and that the resolution should be put to a vote before
any conditions were set. Upon a roll call vote, the motion to
adopt Resolution #P.C. 196-86 was defeated with Mr. Hulbert
casting the only assenting vote.
The Mayor asked for a two minute recess.
The meeting resumed at 9:oo P.M.
this time but urged the Muskego Icetronauts not to give up
STORAGE SHED/HORSE BARN - FAES On the floor (deferred
from November 4. 1986 meeting). Discussion followed with Mr.
Faes indicating that the storage shed would be built out of logs
to match the existing log home. Upon a roll call vote the motion
vote.
to adopt carried with Mr. Constantineau casting a dissenting
..
SHORELAND-WETLAND ZONING CHANGE On the floor (deferred
from November 4, 1986 meeting). Mr. Roland Tonn from SEWRPC was
wetland's designation and adoption of wetland areas. He
present to explain the state's position on the shoreland-
indicated that the state mandated that the red areas be
adoption were up to the city's discretion to adopt into
incorporated in the city's ordinance. The yellow and blue areas
ordinance. Discussion followed as to whether one ordinance
PLAN COMMISSION - Page 4
November 18, 1986
encompassing all areas be adopted or two separate sections to the
ordinance be adopted separating the state mandated area and the
local yellow and blue areas. Mr. Tonn indicated that the
wetlands were entirely different than the floodplains.
Floodplains indicated water over the surface of the earth whereas
wetlands were water under the surface of the earth. The 1979
maps indicated that some former areas were no longer considered
control of the blue/yellow areas to the state which would occur
wetlands. The Mayor asked whether the City wanted to give Up
we adopt the map and adopt two ordinances, one for the state
if one ordinance was adopted. Mr. Constantineau suggested that
(Shoreland/Wetland) area and one for the local areas (Wetland).
Mr. Schmidt moved to amend the Resolution to state, "THEREFORE BE
IT RESOLVED, That the Plan Commission recommend to the Common
an overlay zone district which identifies the wetland/shoreland
Council to add Section 9.10 of the zoning ordinance by creating
areas indicated in red on the SEWRPC map and regulated in
accordance with the attached text of the newly created
wetland/shoreland district." and "BE IT FURTHER RESOLVED, That
the Plan Commission recommend to the Common Council that those
wetland/Floodplain areas indicated in yellow on the SEWRPC map be
by our existing zone district requirements under Section 8.17
incorporated into our existing zone district map and be regulated
(WF) Wetland/Floodplain District." Mr. Constantineau seconded.
Upon a roll call vote the motion to amend carried unanimously.
Upon a roll call vote the motion to adopt Resolution #P.C. 203-86
(As Amended) carried unanimously.
NEW BUSINESS:
CONDITIONS-YOSS AUTOMOBILE REPAIR Mr. Hulbert asked
where the exhaust fan was located with regard to fumes to the
surrounding neighbors. Mr. Yoss indicated it was over the
entrance of the building facing Cty Trunk 00. Outside storage
could consist of 6 to 7 cars which would be parked behind the
building and could not be seen from any intersection. Most of
the vehicles were whole cars; parts would be stored outside until
picked up. All repair/rebuilding would be done inside. Hours of
operation would be from 8 A.M. to 6 P.M.
CONDITIONS-MULTI-FAMILY-MILBAUER The building was
formerly a barber shop and would now be converted to living
available for tenants. Dr. Parthum suggested that if the
quarters. This area is zoned B-3. Parking should be made
Property changes hands that the conditional use terminates. Mr.
Constantineau suggested that the building be a single family
dwelling. Question was raised as to the actual square footage
involved in the apartment. Zoning Officer Lee indicated that
multi-family use is permitted in this district.
PLAN COMMISSION - Page 5
November 18, 1986
CSM-EXTRA TERRITORIAL JURISDICTION-BRUCE The Recording
Secretary read Resolution i1P.C. 205-86, Approval of Certified
Survey Map-Cameron 8 Natalie Bruce-Extra Territorial Jurisdiction - Town of Norway. Mr. Schmidt moved for adoption. Alderman
the lot and the accessibility to Denoon Road. Mr. Schmidt moved
DeAngelis seconded. Discussion followed regarding the shape of
to amend the resolution to read, "...and that Lot 1 will be
created which lies in the City of Muskego to have access by 30'
along the east lot line to access Denoon Road and be adjoined to
Lot 1." Mr. Hulbert seconded and the motion carried. Upon a
call vote the motion to adopt Resolution i1P.C. 205-86 (As
voice vote the motion to amend carried unanimously. Upon a roll
Amended) carried unanimously.
i1P.C. 206-86, Approval of Retention Pond - Mark Pizur/Dave
Lepak. Mr. Raimann moved for adoption. Alderman DeAngelis
seconded. Discussion followed and Mr. Pizur and Mr. Lepak stated
that drainage seems to be settling in the area where the
retention pond would be placed. The topograpy map shows that
natural drainage is directed toward the area proposed for the
retention pond. Mr. Pizur and Mr. Lepak stated that they have
received permission from the DNR to construct the pond. Mr.
Hulbert moved to amend the resolution to delete "to take care of
any drainage in the area." in the fifth Whereas. Mr. Raimann
pond would disrupt drainage from the adjacent property. Mr.
unanimously. Discussion followed as to whether the retention
FURTHER RESOLVED, That the edge of the pond will be setback 75'
Constantineau moved to amend the resolution to state, "BE IT
from the adjacent property." Mr. Schmidt seconded. Upon a voice
vote the motion to amend carried unanimously. Upon a roll call
vote the motion to adopt Resolution i1P.C. 206-86 (As Amended)
carried with Dr. Parthum casting a dissenting vote.
RETENTION POND The Recording Secretary read Resolution
seconded. Upon a voice vote the motion to amend carried
2ND GARAGE STRUCTURE-HEIN The Recording Secretary read
Resolution f1P.C. 207-86, Architectural Approval 2nd Garage
moved for adoption. Mr. Schmidt seconded. Upon a roll call vote
Structure-John Hein-S72 W12453 Tess Corners Drive. Mr. Hulbert
the motion to adopt carried unanimously.
SKETCH-LAND DIVISION The Recording Secretary read
Resolution I1P.C. 210-86, Approval of Sketch for Land Division in
the NE 1/4 Section 9. Mr. Hulbert moved for adoption. Mr.
existing road versus the 60' minimum width for minor streets.
Schmidt seconded. Discussion followed with regard to the 50'
The road when dedicated would have to be maintained by the
City. Dr. Parthum moved to amend the resolution to add, " ....
around." Mr. Constantineau seconded. Upon a roll call vote the
into two conforming lots with a 60' improved road with a turn 0 motion to amend carried with Mr. Schmidt casting a dissenting
November 18, 1986
PLAN COMMISSION - Page 6
vote. Upon a roll call vote the motion to adopt Resolution #P.C.
210-86 (As Amended) carried with Mr. Schmidt casting a dissenting vote.
PARKING TRUCKS-YAEGER The Recording Secretary read
Resolutio-Val of Parking Dump Trucks/Tractor - Lawrence Yaeger. Mr. Raimann moved for adoption. Mr.
Constantineau seconded. Discussion centered around the original
permit for storage of trucks in this area. A member of the
audience stated that two trucks leave before 6 A.M. daily and
drive down Hillendale awakening the neighborhood. This area is
undeveloped and allows this permitted use. The nearest neighbor
is 775' from where the trucks are parked. Dr. Parthum requested
that a more complete background be provided on this request. Mr.
roll call vote the motion to defer carried unanimously.
Hulbert moved to defer. Alderman DeAngelis seconded. Upon a
SIGN-HILLSIDE TAVERN The Recording Secretary read
Resolution #P.C. 213-86, Approval of Sign-Hillside Tavern - W125
S9706 North Cape Road. .Mr. Schmidt moved for adoption. Mr.
Hulbert seconded. Upon a roll call vote the motion to adopt
carried unanimously.
A short recess was called at ll:30P.M.
..
The meeting resumed at ll:37P.M.
2ND GARAGE STRUCTURE-DOUGHERTY The Recording Secretary
read Resolution #P.C. 214-86, Approval/Disapproval 2nd Garage
Structure - Donald/Margaret Dougherty. Alderman DeAngelis moved
for adoption. Dr. Parthum seconded. Zoning Officer Lee
explained that a second garage structure cannot exceed 60% floor
space of the principle building. The Dougherty's have a second
garage structure on their property plus a fowl shed. The Plan
Commission's approval was for architectural review subject to a
variance being granted by the Board of Appeals. Upon a roll call
vote the motion to adopt carried with Mr. Constantineau casting a
dissenting vote.
PRELIMINARY PLAT The Recording Secretary read Resolution
#P.C. 208-86, Approval Preliminary Plat for Muskego
adoption. Mr. Constantineau seconded. Mr. Tony Baretta was
Industrial/Business Park Addition #I. Mr. Schmidt moved for
present and explained that the 3 acre lot closest to Racine
Avenue had 100' of frontage as compared to 150' due to the depth
of the parcel. A question was raised as to whether the telephone
easement has been abandoned and this matter will be taken care of
by the city engineers and if so removed from the map. Mayor
Salentine explained the plans for the retention area for the
upgrading of the ditch. The cost would be approximately $150,000 0. to clear up the 10 acres for development. Upon a roll call vote
PLAN COMMISSION - Page 7
November 18. 1986 8 the motion to adopt carried unanimously.
FINAL PLAT The Recording Secretary read Resolution #P.C.
209-86 by title only. Mr. Schmidt moved for adoption. Mr.
Hulbert seconded. Upon a roll call vote the motion to adopt
carried unanimously.
Resolution #P.C. 211-86, Amendment to the Zoninn Ordinance
AMENDMENT ZONING ORDINANCE Mr. Schmidt moved to defer
Regarding Truck and Camping Trailers due to the-late hour. Mr.
Raimann seconded. Upon a voice vote the motion to defer carried.
moved to defer Resolution #P.C. 215-8b. ADDrOVal of Subdivider's
SUBDIVIDER'S AGREEMENT-MEADOW GREEN Mr. Constantineau
Agreement - Meadow Green due to the late hour and the necessity
of additional plans being submitted by Mr. Boehm. Mr. Hulbert
seconded. Upon a voice vote the motion to defer carried
unanimously.
BDJOUWNMENT: Mr. Hulbert moved to adjourn the meeting at 11:58
P.M. Dr. Parthum seconded and the motion carried.
Respectfully submitted,
Lynne Sweet
Recording Secretary