PCM199302160 CITY OF MUSKEG0
PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON FEBRUARY 16, 1993
Mayor Wayne Salentine called the meeting to order at 7:OO P.M.
PRESENT: Chairman Wayne Salentine, Mrs. Smith, Ald. Taube, Dave
DeAngelis(excused at 8:30 p.m.), Jerry Hulbert and Director Larry
Kirch.
ABSENT: Edward Raimann and Darl Honl (both excused)
MINUTES: Commissioner Hulbert made a motion to approve the
Minutes of the February 2, 1993 meeting. Commissioner DeAngelis
seconded. Upon a voice vote the motion to adopt passed
unanimously.
OLD BUSINESS:
Commission on the Proposed Route of Moorland Road between
Resolution #P.C. 06-93 -- Recommendation of the Planning
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Janesville Road and Dbrham Drive. Director Kirch explained the
Ruekert L Mielke Letter on the proposed routes. He indicated that
the City wants to try to disturb as little wetland as possible.
Director Kirch also explained that the County has budgeted $50,000
for this year to study the extension of Moorland Road from the
freeway to Janesville Road. Moorland Road contain 100' of
right-of-way as a City street. Chairman Salentine asked the
recording secretary to read the two letters that were submitted
from residents. The first letter was from Patrick and Barbara
Shurtliff. The second letter was from Michael and Anne
Malinowski. Ald. Taube questioned whether there had been any
proposed road would benefit any of the future residents in the
traffic calculations available for the road usage and if this
Champions Village. Director Kirch stated that there are some
traffic calculations, however they are not up to date. Director
Kirch also indicated that this would see use by some of the
residents of the Champions Village, however he is unable to give
questioned how far south this development would go. Director
an amount that would benefit. Mr. Mike Bartz, a resident,
Kirch indicated that this would be a 100' road and eventually go
through to Hwy 00. Ald. Dumke, present in audience, wanted to
know what route Moorland Road will follow from McShane Drive to
Hwy 00. Chairman Salentine stated that the Finance Committee,
which meets on February 17, 1993, is reviewing whether to allow
more monies to be budgeted for the study of a route for Moorland
Road south of Woods Road to Hwy 00. Mr. Randy Bressler, a
resident, asked whether the residents have any say in this matter
or if this road is going in no matter what. He also asked what
the reason would be for this road, when the traffic coming from
south of Woods Road is minimal. Director Kirch indicated that the
improvements may not be needed for another 15-20 years. Ald.
e
Pg. 2 Plan Commission Minutes 02/16/93
Misko, present in the audience, expressed his concern over the
safety of the children in the existing neighborhoods. He feels
that we need to look at the safety of the people there now, not
the future subdivisions. Mr. William Martin, a resident,
indicated that he felt this road looks more like a freeway with
exit ramps and on ramps. He also feels that this road will cause
further congestion at the intersection of County L and Durham
Road. Mr. Wally Spahn , a resident, questioned why Moorland
Road could not be extended straight down to Woods Road and be
parallel to Durham Drive. Mr. Mark Kaiser, a resident, stated
that he felt that the City was rushing into this instead of taking
questioned what advantages this road extension would give to the
the time needed to examine all areas of this road extension. He
residents of Muskego. He felt that he were overlooking the safety
of the children. Mr. Martin indicated that he and four of his
neighbors feel that the safety of the children is being over-
looked. He also questioned how many of the new developments,
after seeing the danger to their children, will have interested
individuals. Karen Knudsen questioned how wide is Durham
Drive. Director Kirch indicated that Moorland Road will be a four
lane road. Ms. Beth Rummel, representative from Towne Realty,
Rumrnel indicated that Route C-1 or C-3 would be the preferred
Inc., agreed with the residents to the affected area. Ms.
routes for her company. Her engineers also indicated that Route
C-2 would involve disturbing floodlands. Ms. Rummel also
they would like some direction as to which route the City will be
indicated that her firm is willing to work with the City, but that
choosing. Ms. Rummel also indicated some concerns her engineers
had with the safety of the cul-de-sacs which are shown on Route
would have a problem with Moorland Road being extended directly
C-3. Mr. Spawn questioned whether the developer, Ms. Rummel,
this would not be a problem. She also indicated that their
south to intersect with Woods Road. Ms. Rummel indicated that
subdivision will have other interior roads and a bike path. Ald.
Dumke stated that Chief Johnson may have traffic counts from a
concerned resident stated three different concerns: 1-1s it
study done on the corner of Janesville Road and Durham Drive. A
necessary to build a four lane road and how far south is it really
necessary and will it be just like the Hohn Bridge in Milwaukee;
2-Who will be paying for this extension; 3-What is the time frame
for this project? Ald. Taube answered the questions: 1-Yes it is
curvy from McShane to HiView Drive and that I have asked the
Finance Committee for additional funds; 2-It is partially a City
pointed out that the proposed Candlewood Creek Subdivision will be
funded project; 3-The time frame is unknown. Commissioner Hulbert
DeAngelis stated that his preferred route would be Route C-3
exiting out onto Durham Drive and Woods Road. Commissioner
DeAngelis, Hulbert and Smith are recommending Route C-3.
except for the safety issue of the cul-de-sac. Commissioners
Commissioner Smith made a motion to defer, Commissioner DeAngelis
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0 seconded. Upon a voice vote, the motion to defer passed
unanimously.
Pg. 3 Plan Commission Minutes 02/16/93
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Resolution #P.C. 16-93 -- Approval of Revised Sketch
Candlewood Creek Subdivision in the NE 1/4 and NW 1/4 of
11 by Towne Realty. Ald. Taube made a motion to defer,
for
Section
Commissioner DeAngelis seconded. Upon a voice vote, the motion to
defer passed unanimously.
1 NEW BUSINESS:
Subdivision in the NE 1/4 of Section 18 (Hillendale Drivel.
Resolution #P.C. 24-93 -- Approval of Preliminary Plat for
Commissioner Smith made a motion to adopt, Commissioner Hulbert
seconded. Director Kirch commented that Lots 2 & 7 will be done
can be used. The Plan Commission allowed Plum Creek to do it this
in a CSM since water and sewer are present and a temporary drive
way and Plum Creek did not have any problems. Ald. Taube
questioned where the larger sized lots would be? Mr. Lowe
explained that they would be in the lots in the back. Director
Kirch indicated that there is a change in elevation and that
adequate soil erosion plans have not yet been submitted. Mr. Tim
Knudsen, a resident, was concerned about the water drainage
problem. Mr. Lowe explained that when sewers were put in the
drainage ditches were filled in. Chairman Salentine felt that Mr.
Lowe needs to let the City know exactly what happened and then it
must be taken care of. Upon a roll call vote, Resolution #P.C.
24-93 passed unanimously. 0 Resolution #P.C. 25-93 -- Approval of Certified Survey Map
for John and Sandra Mecca for Three Lots in the SW 1/4 of Section
17 (Woods Road). Commissioner Hulbert made a motion to adopt,
Ald. Taube seconded. Upon a roll call vote, Resolution #P.C.
25-93 passed unanimously.
Renewal of Permission for Parking of Semi-tractor with Trailer for
John Krabbenhoft, S83 W20618 Janesville Road. Chairman
approval/disapproval. Ald. Taube asked Director Kirch to explain
Salentine asked for discussion first since it was an
how many homes are within the 800' diameter. Director Kirch
explained at least eight homes. Director Kirch explained that he
regarding this ordinance. He explained that the way he interprets
is currently waiting for the City Attorney to get back to him
the Plan Commission can not approve it. But also that the Plan
the ordinance, if there is more than 3 homes within that radius,
Commission does not have to approve it if there are less than 3
homes. Mr. Krabbenhoft indicated that he has had truck parking
whether the sewer would impact the ability to park this truck at
approval since 1975. A resident from the audience questioned
has nothing directly to do with the presence of the sewer, but
this property. Director Kirch indicated that the truck parking
indirectly, because it opens the area up for developments. He
then read the ordinance. He also explained that the zoning for
Commissioner Hulbert seconded. Upon a voice vote, the motion to
this area has not changed. Ald. Taube made a motion to defer,
defer Resolution #P.C. 26-93 passed unanimously.
Resolution #P.C. 26-93 -- Approval/Disapproval of Review and
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Pg. 4 Plan Commission Minutes 02/16/93
Resolution #P.C. 27-93 -- Approval of One Temporary Banner
for Great Clips in the Walgreens Center. Commissioner Smith
made a motion to adopt, Commissioner Hulbert seconded. Director
Kirch indicated that Great Clips had a Grand Opening Banner on the
top of the building and also 2 real estate signs. In the letter
from Great Clips, they stated that they will not be asking for any
other banners or signs for the rest of 1993. Upon a roll call
vote, Resolution #P.C. 27-93 passed unanimously.
for Marc Addis for Four Lots in the NW 1/4 of Section 34 fMuskeao
Resolution #P.C. 29-93 -- Approval of Certified Survey Map
Resolution #P.C.
Structure in the NE
W21052 Field Drive.
28-93 -- Approval of Second Garage
1/4 of Section 7 for Dennis Herdeman at S74
Commissioner Hulbert seconded. Mr. Herdeman explained that his
Commissioner Smith made a motion to adopt,
working as a hobby and would like to be able to do it in this
existing house does not have a full basement and that he does wood
garage. Commissioner Hulbert asked that a correction be made to
auto, boat, and a hobbyist/noncommercial woodworking shop,
read in the third WHEREAS, first sentence: ..... pick-up truck,
could not be put behind the house. Mr. Herdeman explained that
residential equipment ..... Ald. Taube asked why this structure
his septic vent field is behind this house and that he was advised
not to build on that area. The second reason being that the
driveway doesn't go back to that area. Mr. Herdeman also
assured the Plan Commission that this structure was going to be
very compatible with his existing home. Mr. Belfast, a
neighboring resident, explained that he had no problem with this
structure being put there and that logically this would be the
only place for this structure. Ald. Taube asked Director Kirch if
he had seen this location. Director Kirch indicated that he is
familiar with this site and he feels that this structure would be
better behind the existing house. Upon a roll call vote,
Resolution #P.C. 28-93 passed 3-1 with Ald. Taube voting nay.
Dam Drive). Commissioner Smith made a motion to adopt,
Commissioner Hulbert seconded. Director Kirch explained that the
13 City Engineers comments need to be addressed on this Certified
Hulbert made a motion to defer, Ald. Taube seconded. Upon a voice
Survey Map before he recommends any approvals. Commissioner
vote, the motion to defer Resolution #P.C. 29-93 passed
unanimously.
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for Kwik Trip for Two Parcels in the SE 1/4 of Section 8 and the
NE 1/4 of Section 17. Commissioner Hulbert made a motion to
adopt, Commissioner Smith seconded. Chairman Salentine indicated
Operation plan. Commissioner Hulbert made a motion to amend the
the need to tie this resolution to the Building, Site and
resolution to read in the fifth paragraph, first sentence ....
recommend approval to the Common Council subject to the approval
the City Engineers and payment ..... Ald. Taube seconded. Upon a
of an acceptable Building, Site and Operation Plan, approval pf
Resolution #P.C. 30-93 -- Approval of Certified Survey Map
Pg. 5 Plan Comm ission Minutes 02/16/93
0 voice vote, the motion to amend DaSSed unanimous 11 - call vote,-amended Resolution #P:C. 30-93 passed unanimously.
ily. Upon a ro
and Buildinq, Site and Operation Plan for Kwik TriD Inc. to
Resolution #P.C. 31-93 -- Approval of Conditional Use Grant
made a motion to adopt, Commissioner Hulbert seconded. Mr. Paul
Locate a gas^ Station and-Convenience Store. Commissioner Smith
Hanson, a representative from Kwik Trip Inc., explained the
Building, Site and Operation plans for this proposed facility.
Ald. Taube indicated that the Aldermen have indicated the need to
improve on the appearance of this facility. He also stated that
he was disappointed with the proposed building. Mr. Hanson stated
that his engineers had studied adding dormers to this facility and
found that it would be a safety hazard with ice freezing. Mr.
Hanson asked to be given guidance as to what the Alderman are
this facility entirely brick and that the trees they will be
looking for. Mr. Hanson stated that he is receptive to making
dumpster will be screened. Mr. Hanson stated that for the safety
planting are 6' - I' in height. He also indicated that the
of their employees they will not add more landscaping or higher
bushes. They have found that criminals do not like low hedges or
bushes. Mr. Hanson explained that there low key sign would also
have a reader board on it. Ald. Taube and Commissioner Hulbert
are opposed to having a reader board. Director Kirch indicated
normal 20' high sign and there is limited signage on the
that Kwik Trip Inc. is having a low key sign instead of the
building. The City could make a trade off. Director Kirch did
not feel that it is appropriate to approve the reader board signs
Kwik Trip Inc. Chairman Salentine indicated that the Plan
for two different churches in the past year and to turn down
Commission should get Common Council direction on the building
appearance and the sign. Ald. Sanders, present in the audience,
requested that the size of the trees be added to the legend on the
will be no spot lighting at this facility. It will have only Building, Site and Operation plans. Mr. Hanson stated that there
indirect lighting. The entrances will have pole lights at them
for safety reasons. Commissioner Hulbert questioned whether
Kwik Trip Inc. will need directional signs. Mr. Hanson did not
feel that directional signs were needed. Mr. Hanson explained
that the lights in the lot will be a 15' bronze pole, square with
pointed down. The eaves on three sides are lit on the
floods pointing straight down. The canopy lighting is also
underneath. Commissioner Smith made a motion to defer, Ald. Taube
seconded. Upon a voice vote, the motion to defer Resolution #P.C.
31-93 passed unanimously.
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Structure in the NW 1/4 of Section 12 for A1 Roaowski (Sherwood
Resolution #P.C. 32-93 -- Approval of Second Garage
0 Circle). Commissioner Smith made a motion to aiopt, Commissioner
contingent on being able to build this building on it. After a
Hulbert seconded. Mr. Rogowski indicated that the purchase is
discussion regarding the appearance of the building, Resolution
#P.C. 32-93 passed unanimously with a roll call vote.
Pg. 6 Plan Commission Minutes 02/16/93
Resolution #P.C. 33-93 -- Approval of Sketch for Land
Division for Harold DeBack for Two Lots in the NE 1/4 of Section
Hulbert seconded. Mr. DeBack explained that there possibly could
32. Commissioner Smith made a motion to adopt, Commissioner
be a drainage easement and that the possibility of extra land
being dedicated for the curve. His engineers were looking into
this matter. Upon a roll call vote, Resolution #P.C. 33-93 passed
unanimously.
Resolution #P.C. 34-93 -- Approval of One Temporary
Subdivision Sign for Lakeview Highlands Subdivision. Commiss
Hulbert made a motion to adopt, Commissioner Smith seconded.
a roll call vote, Resolution #P.C. 34-93 passed unanimously.
ioner
Upon
Structure for Ray and Diane Nowak at W208 S8121 Hillendale Drive.
Attorney Abraham, representing Ray and Diane Nowak, indicated
that his clients own 7 acres. From the original plans they would
like to move the proposed second garage 100' toward the back of
why his clients keep getting tickets for the truck parking when
the lot to avoid the three houses. Attorney Abraham questioned
receiving them. Chairman Salentine indicated that the City of
none of the other trucks that are parked in this area are
Muskego does not police the City, but it works from any complaints
it receives. Chairman Salentine asked if Attorney Abraham was
filing a complaint. He indicated that he wasn't. Attorney
Abraham stated that yes the Nowak's are aware of the Lowe
park the vehicles they want to at this structure. Director Kirch
development and that some day they may not be able to continue to
indicated that he has sent a letter to the City Attorneys to help
to interpret the truck parking ordinance. He has not yet received
not opposed to the truck parking. Mr. Lowe questioned why some
that information back. Mr. Lowe, a neighbor, stated that he is
can park there and others can not. Attorney Abraham indicated
that after the first citation his clients contacted him and while
he is trying to work on this with them they keep on getting
citations. He also feels that this is selective enforcement. He
also indicated that his clients truck loaded still weighs less
than Yaegers dump trucks. Chairman Salentine indicated that
Yaeger truck parking was approve by court order. Chairman
Salentine also stated that the Yaeger truck parking may not be
able to be renewed due to the development of Wilkinson Estates.
Attorney Abraham asked Director Kirch if he ever saw the bus
Taube stated that there must be a complaint filed in order to act parked in this area. Director Kirch indicated that he has. Ald.
on this. Commissioner Hulbert indicated that the area is changing
and that just tonight the Plan Commission approved a subdivision
plat adjacent to this land, and that he is not in favor the second
garage structure because its purpose is to house a semi-tractor
and semi-trailer and tools. Commissioner Hulbert indicated that
he would look differently on this structure if it was for farm
machinery or something to that extent. Attorney Abraham
questioned how the truck parking and the second garage structure
are being tied together when they are two separate issues.
Resolution #P.C. 35-93 -- Approval of Second Garage
Pg. 7 Plan Commission Minutes 02/16/93
Director Kirch indicated that on the paperwork the Nowak's
filled out it asked to list all items to be stored within and in
and tools. Commissioner Hulbert also felt that the welfare of
that area the Nowak's indicated a semi-trailer, semi-tractor,
this area is to be considered. Chairman Salentine stated that the
rezonings in this area are abundant. There are definite changes
happening in this area. Upon a roll call vote, Resolution #P.C.
35-93 was defeated 0-4 with all of the Plan Members voting nay.
and Diane Nowak at W208 58121 Hillendale Drive. Commissioner
Resolution #P.C. 36-93 -- Approval of Truck Parking for Ray
Hulbert made a motion to adopt Resolution #P.C. 36-93 with the
word Approval of permission ...., and Commissioner Smith seconded.
Commissioner Hulbert asked to have the following comments that
were stated on the previous resolution restated here:
Commissioner Hulbert indicated that the area is changing and that
just tonight the Plan Commission approved a subdivision plat
adjacent to this land, and that he is not in favor the second
garage structure because its purpose is to house a semi-tractor
and semi-trailer and tools. Commissioner Hulbert indicated that
he would look differently on this structure if it was for farm
machinery or something to that extent. Commissioner Hulbert also
felt that the welfare of this area is to be considered. The Plan
Commission asked that the recording secretary make a note that
under this Resolution. Upon a roll call vote, Resolution #P.C.
some of the discussion under Resolution #P.C. 35-93 also applies
36-93 was defeated 0-4 with all members of the commission voting
nay.
Resolution #P.C. 37-93 -- Approval of Amended Building, Site
and Operation Plan for the Aud Mar Supper Club, at S79 W15851 Aud
Mar Drive. Commissioner Smith made a motion to adopt,
Commissioner Hulbert seconded. Director Kirch explained that this
is not an expansion of the Conditional Use Permit, but an addition
to the existing living quarters. Commissioner Hulbert questioned
how many families live above the Supper Club. Mr. Qschmann
explained that his family lived in one and his mother in another.
Upon a roll call vote, Resolution #P.C. 31-93 passed unanimously.
Commission to Amend ChaDter 17, Section 17:6.09(13) of the
Resolution #P.C. 21-93 -- Recommendation of the Plan
Municipal Code of the City of Muskego, Zoning Ordinance, Signs.
Ald. Taube made a motion to amend the resolution in paragraph (B),
first sentence to read: No more than three (3) non-commercial
temporary signs ...; and in the same paragraph, add .... from the
Muskego Resident.; and also amend the fourth sentence: ..Building
Building Department. The Building Permit Applicant must be a
Permit shall stipulate that no more than three signs are permitted
for any single event,... .. Commissioner Smith seconded. Upon a
voice vote, the amendment passed unanimously. Upon a roll call
vote, amended Resolution #P.C. 22-93 passed unanimously.
..
the Public Works Garage for the Proposed Woodchipping Facility.
Resolution #P.C. 23-93 -- Approval of Landscaping Plan for
*.
Pg. 8 Plan Commission Minutes 02/16/93
this resolution. Commissioner Hulbert seconded. Upon a roll call
(Possible Reconsideration) Ald. Taube made a motion to reconsider
vote, the motion to reconsider this resolution passed unanimously.
Mr. DeBack stated that none of the other lots in the industrial
park would be allowed to pile brush and do the chipping without
problem. Ald. Taube made a motion to defer, Commissioner Hulbert
further screening. The trees would help control the sound
seconded. Upon a voice vote, the motion to defer Resolution #P.C.
21-93.
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Commission to Amend Chapter 17, by Creating Section 17:2.02 (0.5),
Section 17:6.03 (1) D, Section 17:8.15 (7) C5, and Section 17:8.16
(7) C5 of the Municipal Code of the City of Muskego, Zoning
Ordinance, Adult-oriented Establishments. Director Kirch read the
letter from the City Attorney Molter. Although Attorney Molter
did not respond to whether there is enough acreage he did respond
to the questions about the daycare facilities and the
neighboring city residents. In Attorney Molter's letter, he
adoption of the ordinance then the area for Adult-orientated
stated that if the daycare facility would go in before the
facilities would be reduced. If the Adult-orientated is there
first, then it would be grandfathered in, however if a daycare
facility would move in it would reduce the available area.
Attorney Molter recommends amending the ordinance periodically.
Attorney Molter also states that we must take in consideration any a
neighboring residences. Attorney Molter also gave a definition
for substantially. It is 50% of gross sales deemed from the
Chairman Salentine recommended talking with Chief Johnson to see
items. It applies only to book stores and not movie theatres.
if there was added crime when the movie theatre was X rated.
Commissioner Smith made a motion to amend the resolution by
deleting numbers 1 through 4, Commissioner Hulbert seconded. Upon
a voice vote, the amendment passed unanimously. Upon a roll call
vote, amended Resolution #P.C. 22-93 passed unanimously.
MISCELLANEOUS BUSINESS
Resolution #P.C. 22-93 -- Recommendation of the Plan
ADJOURNMENT
Ald. Taube made a motion to adjourn the meeting at 12:OO midnight
and Commissioner Smith seconded. Upon a voice vote, the motion to
adjourn passed unanimously.
Respectfully submitted,
cmk