PCM19940201CITY OF MUSKEGO 0 PLAN COMMISSION
MINUTES OF PLAN COMMISSION MEETING HELD ON FEBRUARY 1, 1994
Mayor David DeAngelis called the meeting to order at 7:OO p.m.
Honl, Smith, Vitt, Hulbert and Director Matthew Sadowski.
PRESENT: Chairman David DeAngelis, Ald. Taube, Commissioners,
ABSENT: Commissioner Raimann (excused)
I MINUTES: Commissioner Hulbert made a motion to approve the Minutes of the January 18, 1994 Meeting. Commissioner Vitt
seconded. Upon a voice vote the motion to adopt passed
unanimously.
OLD BUSINESS:
RESOLUTION WP.C.228-93 -- Approval of amended Building, Site
and Operation Plan by Michael A. Haessly for St. Francis Bank
located at 574 W17100 Janesville Road. Deferred from January 18,
1994. Director Sadowski stated that the architect and a bank
representative asked that the item be withdrawn. This would allow
the petitioner's to further evaluate the different designs for
this location. Director Sadowski is recommending that the Plan
petitioner's to resubmit another proposal, but still indicate the
intent of the Plan Commission of the proposal. The second option
would be to Table the resolution. Chairman De Angelis asked if
the petitioner indicated what the time frame would be until the
new proposal would be submitted. Director Sadowski stated that
the Bank representative indicated it would be at least April
before the proposal would be submitted. Chairman De Angelis
indicated that this item could be deferred until the first meeting
in April. Commissioner Vitt asked if the petitioner would have to
pay another submittal fee. Director Sadowski indicated that if
the item is tabled or defeated the petitioner would have to pay
the submittal fee. Ald. Taube made a motion to Table, the motion
died due to lack of a second. The commissioners agreed that they
would be receptive to a resubmittal of the proposal. Commissioner
Vitt called for the question, upon no objection a roll call vote
was taken, Resolution #P.C. 228-93 was defeated unanimously.
0 Commission disapprove without prejudice. It would allow the
Highlands North Subdivision in the SW 1/4 of Section 5 (Racine
Avenue). Deferred from January 18, 1994. Director Sadowski
stated that there has been substantial progress to correct the
items of concern. He cited that the Dept. of Agriculture has
responded with no objection, the requirement of a landscape plan
for the water treatment has been added to the Subdivider's 0 Court. Chairman De Angelis asked if the strip of access property
Agreement and Highland Court has been renamed to Crab Apple
has been noted on the Final Plat. Director Sadowski indicated
RESOLUTION #P.C.O4-94 -- Approval of Final Plat of Lakeview
Pg. 2 Plan Commission Minutes 02/01/94
dedicated a portion of Outlot 1 and all of Outlot 2 for a park.
that it was. He further cited that the petitioner's have
The driveway restrictions along Adrian Drive have been addressed.
Only Lots 17 L 18 will have access onto Adrian Drive due to the
grade of the lots, but these lots will require that the driveway
be 50' from the intersection. Upon a roll call vote, Resolution
#P.C. 04-94 passed unanimously.
CONSENT AGENDA:
RESOLUTION #P.C.-21-94 -- Re-approval of Final Plat of
Golden Meadows at Lake Tichiaan Add'n #2 located in the SW 1/4
of Section 1, Town of Waterford. Commissioner Honl made a motion
to adopt, Commissioner Vitt seconded. Upon a roll call,
Resolution #P.C. 21-94 passed unanimously.
NEW BUSINESS:
RESOLUTION #P.C.-24-94 -- Approval of a Certified Survey Map
Business/Industrial Park in the SW 1/4 of Section 16.
for Two Lots for the City of Muskego located in the Muskego
Commissioner Smith made a motion to adopt, Commissioner Honl
seconded. Chairman De Angelis cited that action must be taken by
the City on the submitted Certified Survey Map. Commissioner
Hulbert was concerned that this division is premature and that
since there is not a large amount of land left in the Industrial
at this time. Commissioner Hulbert feels that smaller lots will
Park it may be to the City's best interest to not divide this land
promote pole shed type buildings. Director Sadowski cited that he
is a new planner with the City and his standards may be different
from those of previous planners. He will be looking for
additional landscaping when a pole building is suggested to offset
the pole building. Chairman De Angelis stated that this division
is consistent with what the City has divided in the past.
Chairman De Angelis cited that he is not against pole type
buildings that have additional masonry or some type of facade to
dress up the building. Chairman De Angelis cited that the Plan
Commission gives a recommendation to the Common Council and the
Common Council is the deciding body. Commissioner's Honl L Vitt
both agree that the City should not divided this land at the
request of one buyer. They feel that it might be wiser to hold
the land until another buyer comes who is interested in the entire
piece of land. Commissioner Vitt indicated that he feels that the
City is giving the proposed owner of Lot 1 preference over the
other two lots especially when the petitioner will be building
Angelis cited that after this sale there will only be 5 acres left
three separate buildings after a redivision of Lot 1. Chairman De
scattered throughout the Industrial Park. He further stated that
currently there is someone looking for 5-6 acres and that
explained that it is the City's business of selling land to any
individual was not interested in the land. Chairman De Angelis
Commissioner Hulbert does not agree with this division and feels
businesses that want to build in the Industrial Park.
the City will be selling itself short. Chairman De Angelis does
Pg. 4 Plan Commission Minutes 02/01/94
further divided it must come before this body, so it is not a
petitioner may divide the balance of the land. Commissioner
agree that the Plan Commission should see a sketch of how the
Hulbert indicated that he felt the petitioner is showing that the
land is intended to be sold and at the present time there is not a
buyer interested. It would be premature to show a sketch of a
division without a buyer. Commissioner Vitt agrees with
Commissioner Hulbert. Chairman De Angelis cited that it is the
responsibility of the commission to determine if the proposed
division meets the requirements of the district.
Commissioner Smith made a motion to amend by adding the following
verbiage to the THEREFORE BE IT RESOLVED to read as follows:
remove X2 under the THEREFORE BE IT RESOLVED. Commissioner Honl
.... by the Army Corp. of Engineers, DNR or SEWRPC. And delete
seconded. Upon a voice vote, the amendment passed unanimously.
Upon a roll call vote, amended Resolution #P.C. 25-94 passed
unanimously.
0 concern with him at the present. Commissioner Smith & Ald. Taube
RESOLUTION #P.C.-26-94 -- Approval of Amended Building, Site
and Operation Plan for R. H. Heilmann located at W144 56401
Commissioner Honl seconded. Director Sadowski cited that it would
College Court. Commissioner Smith made a motion to adopt,
be impractical for the petitioner to have a large asphalt area
because the steel tracks of the bull dozer and the back hoe would
tear up the asphalt within one year. Chairman De Angelis does not
as the restrictions of that Industrial Park are met. Mr. Heilman
cited that he currently has a 30' asphalt entrance. Mr. Heilmann
introduced his step son to answer any questions. Jim,
representative for Mr. Heilmann, explained that there will be
two employee parking spaces to the east side of the proposed
building. He stated that they will be marked and to the
requirements of the code. Director Sadowski stated that for two
parking spaces it will be 22' x 18'. Jim explained that this is a
construction yard where they store their machinery and due
maintenance work. Such as change tires, air up tires, change oil,
check levels and filters.
Director Sadowski cited that the word cold storage should be
removed from the Resolution, because in the future the petitioner
will be doing these maintenance items inside of the building.
Commissioner Vitt asked if the vehicles will be stored inside of
property, the type of building is not a favorable one for the
the building. He cited that there is not any landscaping at this
the area. Chairman De Angelis feels that the proposed building is
industrial park, and the proposed building will not blend in with
that has any masonry is the BFI building. Director Sadowski cited
identical to the other buildings in this park. The only building
that this Industrial Park does not have the restrictions that the
bring the equipment storage indoors and clean up the area.
have a problem with the employee parking or the entrance as long
0 other Industrial Park has. He cited that this proposal is to
Pg. 3 Plan Commission Minutes 02/01/94
not feel that there is a difference between three smaller
businesses that employ 30 people or one medium business that
employees 30 people. Upon a roll call vote, Resolution #P.C.
24-94 was defeated 1-5 with Chairman De Angelis voting yes.
RESOLUTION #P.C.-25-94 -- Approval of a Sketch for a Land
Division of One Lot by Wayne Salentine for Harold DeBack located
Smith made a motion to adopt, Commissioner Honl seconded. Mr.
in the SE 1/4 of Section 17. (Enterprise Drive) Commissioner
Salentine, representing the petitioner, stated that the future
owner is in the audience and will answer any specific questions
property. Mr. Salentine is very concerned with the requirement
the commission may have regarding the business proposed for this
He cited that it may be difficult at this time of year for a
that the wetlands be delineated by the Army Corp. of Engineers.
wetland delineation to be done. Mr. Salentine would prefer to
have the opportunity to have his engineer place the wetland
location on the Certified Survey Map. Mr. Salentine cited that
the wetland area is diminishing from what is marked on the maps at
the present time. This was caused by the City relocating the
ditch, the City land that was filled and the storm sewer system
that Mr. DeBack has done a land swap with Precision Screw and has
that Plum Creek Development has installed. Mr. Salentine stated
acquired access onto Apollo Drive through the land swap. Mr.
Salentine sees possibly 2 additional lots being created off of
Enterprise Drive and possibly 1-2 lots off of Apollo Drive.
Mr. Herb Schrader is currently renting a building in the Muskego
piece of land to move his business to. Mr. Schrader will have
Business/Industrial Park. He is interested in purchasing this
his office and warehouse facility at this location. He cited that
at the present time he is,reviewing building a masonry building
for this site. He further cited that he is interested in
preserving the wetlands area. The wetland will act as a natural
buffer in the rear of his property to the adjoining properties.
Commissioner Vitt asked if it was planned to fill in the wetland.
Mr. Schrader again stated his intent to preserve the wetlands.
Mr. Salentine asked if the wetlands can be delineated when the
next land division is proposed. Chairman De Angelis cited that it
is a requirement that any wetlands be delineated when a land
division is being created. Upon further conversation, Mr.
Salentine asked if the DNR and SEWRPC could be added to the
possible agencies that will do the delineation. Director Sadowski
did not feel that it would be a problem to allow the petitioner
the choose between the DNR, SEWRPC or the Army Corp of Engineers
for the wetland delineation.
Chairman De Angelis asked if the petitioner is receptive to
submitting a sketch for the balance of the land. Mr. Salentine is
not aware of what the division would be, if any at this time.
Chairman De Angelis asked if the petitioner is indicating that he
is not receptive to submitting a sketch on the balance of the
property. Commissioner Honl cited that if the land is to be
Pg. 5 Plan Commission Minutee 02/01/94
Chairman De Angelis does not feel that a brick building would be
with the lack of character of the proposed building. He indicated
shares Commissioner Vitt's concerns. Ald. Taube is concerned
that gables and overhangs will add to the building. He is
extremely cautious of the 29 gauge steel of the exterior of the
building. If, for example, he bumped it with his hip he would
dent the building. Ald. Taube is also concerned that the existing
fence is not high enough. Chairman De Angelis feels that the
building does need some overhangs, but that 20' fencing would not
be enough to cover the equipment and that is why the petitioner is
proposing the building to place the equipment indoors.
Commissioner Honl reminded the commissioner's that when ever
possible the commission tries to have this type of facility move
to the Industrial Park rather than be located on private
property. This is an appropriate location for this business and
now the commission wants to require building that isn't suitable
for this type of business. Chairman De Angelis feels that the
addition of overhangs would not be unsuitable. Mr. Heilmann
stated that there will be a 1' overhang on the south side of the
building by the big doors. This building will be identical to the
other buildings in this Industrial Park.
Jim gave the commission a proposed landscaping plan that would
place a berm along the north side of the building. The berm would
be vegetated with some small trees or bushes, rocks and grass.
stone and smaller stone, and 12" olive trees and poplar trees.
Mr. Heilmann stated that it is difficult to keep his property
clean with the amount of garbage that blows onto his property from
the BFI trucks entering and leaving the BFI site. Jim cited that
it is difficult to start their equipment after it has sat out in
equipment outside, however if the trailer is loaded with equipment
the below zero weather. It is not their intent to store the
and going out in the morning he stated that it would be left
outside the building rather than unloading the trailer. He
and not hauled back in forth every day.
further cited that the equipment usually is left at the job sites
Director Sadowski is satisfied with the proposed landscaping and
parking. Commissioner Vitt feels that this proposed landscaping
is agreeable to him. Commissioner Hulbert cited that because the
building will not just be used for cold storage and sturdier
building should be built. He would like to see something of
quality. Mr. Heilmann stated the building will be a brown
Heilmann stated that this building will only be used for storage
building with tan trim as suggested by Director Sadowski. Mr.
of heavy equipment and maintenance of said equipment. Such as
check levels, change tires, filters. Commissioner Hulbert feels
that the commission needs to look to the future and have a quality
building. He cited that this may be sold someday and as proposed
0 ideal for a building used to store heavy equipment. Ald. Taube
0 The other half of the lot is landscaped with grass, a 5' granite
0 is not an adequate building.
Pg. 6 Plan Commission Minutes 02/01/94
Ald. Taube would prefer to see a building with some character and
pizazz. He suggested breaking up the look of the structure with
two colors, gables, and overhangs. Ald. Taube also felt that a
schedule needed to be set for the landscaping to be installed and
then to check and make sure it lived.
Commissioner Vitt agrees with Ald. Taube regarding the landscaping
and the exterior of the building.
Chairman De Angelis asked if a gable and overhang would be
agreeable to the petitioner.
Mr. Heilmann does not want his building to look like an
umbrella.
Commissioner Hulbert suggests deferral to allow the petitioner to
revise the proposal adding gables L overhangs, possibly
wainscoting or brick on the front of the building by the doors,
exact parking spaces and location of spaces, and a landscaping
plan with the diameters of the plantings. He also suggested a
bond be given for the guarantee of the landscaping.
Chairman De Angelis does not agree with all of the suggestions.
He feels the brick is not necessary.
Mr. Heilmann requested that no parking signs be placed on
College Court.
Commissioner Hulbert made a motion to defer, Commissioner Vitt
seconded. Upon a voice vote, Resolution #P.C. 28-94 was deferred
unanimously.
Chairman De Angelis took a 10 minute recess.
RESOLUTION #P.C.-27-94 -- Approval of Conceptual Building,
Site and Operation Plan by A.D. Enterprises for Cowtown located
at S85 W21531 Janesville Road. Commissioner Hulbert made a motion
to adopt, Commissioner Smith seconded. Mr. Dyer, the petitioner,
stated the site is to be located on Janesville Road just east of
Crowbar Road. The property is bordered on the east by the Stage
Coach Inn, the west by the Moose Lodge, the north by the Gravel
Pit and the dump, and on the south by Mr. Dyer's homestead. MR.
will include the cantina (restaurant), saloon, parking lot, rodeo
Dyer is proposing a family orientate facility. The first phase
area, volley ball court, horseshoe pits, and softball diamonds.
The existing farm house and barn will be a petting zoo and pony
ride that is basically all ready. Phase 2 will be an old time
custard stand, cowboy boot store, western apparel store, general
store, black smith shop and antique store. The third phase being
the arena/amphitheater with room for banquet facilities and the
fourth phase is the water park.
Pg. I Plan Commission Minutes 02/01/94
It is adjacent to the bridle trail and there are 18 riding stables
Mr. Dyer cited that it is not unusual to see horses in this area.
that have access to the bridle trail.
Mr. Dyer does not feel that the country western theme will just be
a trend. He cited that the majority of Muskego is a country
western town. He further cited that this proposal is not set in
stone, but a stepping stone to allow him and his architect, Mr.
development.
Pfaller, to gather some input from the Plan Commission on this
Mr. Dyer explained that he is currently applying for the State
CDBG Program for $750,000 and S.B.A. - 504 Financing for $750,000.
He also has a banking establishment agreeing to 1 million and an
investor for $550,000. The total amount then is $3,050,000. This
proposal will create 400-500 jobs when completed.
Chairman De Angelis asked if the petitioner intends to have
relocate the buildings to face Janesville Road. Mr. Dyer cited
that he will be moving the buildings to face Janesville Road.
Mr. Dyer is proposing to have additional parking separate from the
facility. It will be broken up from the facility by a tree line.
the cantina & saloon face Janesville road. The buildings will be
pole buildings, but will not look like a pole shed.
Commissioner's Vitt and Hulbert are concerned that this facility
and money researching the market and does not feel that would
happen. The sporting facilities will more than compensate for a
lull in the western theme of the cantina and saloon. Mr. Dyer
stated that if the market does not good this development will not
go past the first phase. Chairman De Angelis asked if Mr. Dyer
had a time frame for the beginning of Phase 1. Mr. Dyer indicated
that it depends on the financing and the length of time to receive
the necessary City approvals. If everything went smoothly Phase 1
could be started by June 1, 1994. Mr. Dyer is unsure of the
following phases. He prefers to crawl before he runs.
Commissioner Vitt asked why this development would be any
Mr. Dyer cited that that location was under capitalized and it
different than the water park on Layton Avenue east of Hwy 100.
rained the first 13 weeks it was open. He will also be purchasing
there water park accessories for $ 0.05 on every $1.00. Mr. Dyer
stated that he is planning on painting the slides like a cow.
Mr. Dyer explained that the City of Muskego has been referred to
willing to consider it. Chairman De Angelis stated how the City
as Cowtown. If there is a more suitable name, Mr. Dyer is
detrimental to those changes.
has been trying to change the image and that this name may be
Commissioner Hulbert is concerned with feasibility. Mr. Dyer
analyzing this project and is comfortable that it will work.
will only be trend and then be vacant. Mr. Dyer has spent time
stated that he has spend the last 3 years researching and
Pg. 8 Plan Commission Minutes 02/01/94
Commissioner Hulbert feels that there is definite demand for
lighting and security. Mr. Dyer stated that there will be outdoor
lighting. He has had a Sgt. Budish of the Muskego Police Dept.
who owns a security company draw a plan for security on this
site.
Commissioner Hulbert is concerned that what Mr. Dyer is
Although at this time it is not completed to this property, when
considering a bridle trail is actually the pedestrian way.
it is horses will not be allowed on it. He suggests that Mr. Dyer
possibly research a bridle trail to run along side of the
pedestrian way. Mr. Dyer stated that he has been in contact with
Wisconsin Electric regarding this matter.
Ald. Taube is concerned that individuals will have difficulty
finding this facility and whether the existing road system could
handle the additional traffic.
Commissioner Honl is concerned that this development may take away
a possible location of new Industrial Park. Chairman De Angelis
explained that the amount land at this location is a relatively
small amount and would not cause undue duress to the sewer or
water for other locations.
Commissioner Vitt is concerned that this development would not be
De Angelis stated that it fits in with the basic plan of
following the Comprehensive Plan that was just finished. Chairman 0 Comprehensive Plan for this area. He cited that when using the
Comprehensive Plan he looks to see what is proposed and to see if
the area better than proposed in the Comprehensive Plan. Chairman
it follows the spirit and intent and possibly goes beyond to make
De Angelis stated that the proposal is a permitted use except for
the ball diamonds which will require a Conditional Use Grant.
This is the ideal location for a development of this type.
Commissioner Vitt is concerned with the glow from the lights at
the ball diamonds and volley ball courts. Mr. Pfaller stated
that it is not their intent to cause undue light pollution. Mr.
Dyer indicated that he is unsure how late the games will run, but
it is something that he has to take into consideration.
To illustrate how successful he feels this development will be,
Mr. Dyer cited a recent event that took place near to this
and 200 of those people were on horse back.
location where by word of mouth over 300 people came for an event
Commissioner Hulbert agrees that the concept of the Comprehensive
Plan is to be used as a guide not a requirement.
Mr. Dyer stated that he would like some direction from the
additional ball diamonds, however he is concerned with the
commissioner's so that he can submit his Building, Site and
Operation Plan. 0
Pg. 9 Plan Commission Minutes 02/01/94
Ald. Taube is concerned with the traffic this facility will
generate. Mr. Pfaller agreed that there will need to be a
traffic study done to determine if turn lanes, decel/accel
lanes are necessary. Mr. Dyer stated that there will be seating
for 300 in the cantina and seating for 2,000 in the saloon.
Commissioner Vitt concerned with light & traffic pollution from
this development for the surrounding areas. Chairman De Angelis
stated that the area west of Crowbar Road is not planned to
receive the sewer service until after the year 2006. It will be
at least 20 years or more until this area becomes highly
developed.
Commissioner Honl is concerned with the front of the buildings.
It is very plain and he would prefer to see something different.
Mr. Dyer is planning on rough sawn cedar on the first floor
exterior and steel on the second floor exterior.
Commissioner Vitt has concerns with the safety and look of the
existing barn that is to be used as a petting zoo.
Commissioner Hulbert is not excited about the wood pole structure
on the interior of the building. He also suggested a color
rendition of the proposal.
Upon a roll call vote, Resolution #P.C. 27-94 passed 4-2 with Ald.
Taube and Commissioner Vitt voting nay.
RESOLUTION #P.C.-28-94 -- Approval of Sketch for a Land
Division for One Lot by Ruekert & Mielke for the City of Muskego
and Waste Management of Wisconsin, Inc. located in the NE 1/4 of
Section 18. (Hillendale Drive) Commissioner Honl made a motion
to adopt, Commissioner Smith seconded. Chairman De Angelis
explained the location of this proposed lot. It is on the Waste
Management Property. It will be a water reservoir for the City.
Upon a roll call vote, Resolution #P.C. 28-94 passed unanimously.
RESOLUTION #P.C.-29-94 -- Approval of Certified Survey Map
for One Lot by Ruekert Et Mielke for the Citv of Muskeao and Waste
Management of-Wisconsin, Inc. located in the NE 1/4 0; Section
Commissioner Smith seconded. Upon a roll call vote, Resolution
18. (Hillendale Drive) Commissioner Honl made a motion to adopt,
#P.C. 29-94 passed unanimously.
RESOLUTION #P.C.-30-94 -- Approval of Certified Survey Map
for Two Lots for Michael Heise (College Square Apartments)
located in the SE 1/4 of Section 16. Commissioner Vitt made a
motion to adopt, Commissioner Hulbert seconded. Chairman De
Angelis explained that this is the same submittal as the sketch.
The Plan Commission needs to take action on the item as required
by law. Director Sadowski explained why he is suggesting approval
of the land division. Commissioner Honl is concerned with the
whether a 90 degree turn would be good planning. While Director
0 connection of Clearbrook Drive to this property. He questioned
Pg. 10 Plan Commission Minutes 02/01/94
Sadowski agrees that a 90 degree turn is not ideal however it is
integration.
Commissioner Vitt was concerned whether a land division would then
bring the petitioner back with a petition to rezone the property
again. Chairman De Angelis stated that the Plan Commission is
only a recommending body and the Common Council will take final
action by voting on the rezoning petition at the second reading of
the ordinance. Chairman De Angelis stated that this request has
nothing to do with the rezoning petition. This is a land division
request. Where a land division would increase the amount of
nonconformity of the lot with the existing multi-family the second
lot would be conforming.
Commissioner Hulbert is concerned that when this facility was
planned the density was based off of the entire amount of land.
The density is conforming on the entire lot as it exists. It will
achieve greater density by allowing a land division.
Mr. Heise, the petitioner, cited that he wasn't notified of
meeting and wasn't notified for the last meeting. He feels that
it is important for the commission to understand the entire
conversations with Director Sadowski that it was his impression
history of this property. Mr. Heise cited that in his
that the approval of the Certified Survey Map will only be a
It was approved for 100 units and the school. Only 32 units of
the 100 units were built. The road reservation was approved by
the City years ago. He cited that he currently does not have
plans to develop the vacant land. He would just like to correct
the problem. Mr. Heise cited that the former building director
had told him it was zoned RSM, so Mr. Heise was not aware that
it had never been rezoned. Mr. Heise stated that he does not
understand why the City would want him to extend the road to meet
with the road that leaves the Country Brook Estates Subdivision.
He meets all the requirements for creating a land division and
urges the commission to approve his proposed land division.
Chairman De Angelis stated that the road in question was never
vacated. The residents had questioned the procedure for road
Chairman De Angelis also explained that there is a road
vacation, however they never approached with a road vacation.
when it is a dedication.
reservation not a dedication and the City only takes ownership
Director Sadowski stated that what Mr. Heise had stated was
inaccurate. He cited that he never indicated that the land
division was a formality. Director Sadowski resents Mr. Heise's
implication. Director Sadowski cited that the informed Mr.
Heise of the process involved for a rezoning petition and a land
division and stressed that it was very involved. Many issues
0 good planning to have a thoroughfare for neighborhood
technicality. Mr. Heise does not understand why he was mislead.
needed to be considered such as appropriateness, surrounding
Pg. 11 Plan Commission Minutes 02/01/94
comprehensive plan.
zoning, density, future surrounding land use, and the
Director Sadowski also stated that on multiple occasion Mr.
Heise was informed of the prior Plan Commission Meeting and was
even faxed copies of the resolution plus staff comments (which had
the meeting date on them). Director Sadowski apologized for not
getting notice to Mr. Heise for this evening's meeting,
Mayor De Angelis earlier in the day. Director Sadowski concluded
However, he was informed of the meeting through discussions with
stating that it has not been the City's policy to send out notices
to petitioners for Plan Commission meetings. This information is
with the Planning Department. This information was given to the
given to the petitioner at the time they file their information
petitioner at the time of filing their submittals with the
Planning Department.
Chairman De Angelis stated that it is a petitioner's
responsibility to follow through with any project submitted and as
a responsible petitioner you should be aware of this.
Chairman De Angelis informed the commission that the had been in
contact with the Attorney Molter, city attorney. Chairman De
Angelis cited that Attorney Molter indicated that there is not any
documentation stating that the property was to be rezoned and a
land division created. There is documentation that cites the
property owner has the right to petition for a rezoning, but it
does not state that the rezoning would be automatic. It also
talks about the two parcels that exist currently, but it does not
indicate that the City must approve a reconfiguration of these
parcels.
Mr. Heise would like to meet with the gentleman that was the
Mayor when this project began and the court case was. He would
also like to meet with the gentleman that was the attorney for the
City. He feels that they will verify what he is indicating was
the outcome of the court case. Chairman De Angelis stated that he
thought the attorney in question is deceased.
Commissioner Honl suggested a deferral to allow time to receive
verification of what Mr. Heise is stating. Chairman De Angelis
not a record at the attorney's office or the City that confirms
stated that he has talked with the Attorney Molter and there is
what Mr. Heise is indicating. Mr. Heise has never presented
any information to substantiate his claims.
Ald. Taube stated that in his conversation with Mr. Heise via
the telephone Mr. Heise agreed that in a packet faxed from
Director Sadowski to Mr. Heise the meeting date was on it. Ald.
Taube feels action should be taken this evening. Ald. Taube
large with much opposition for the rezoning. Chairman De Angelis
informed the commissioner's that the Public Hearing was quite
evening was not the rezoning, but for a land division.
reminded Ald. Taube that the item before the commission this
Pg. 12 Plan Commission Minutes 02/01/94
opposition for the call for the question. Upon a roll call vote,
Commissioner Vitt called for the question. There was no
Resolution #P.C. 30-94 was defeated unanimously.
RESOLUTION #P.C.-22-94 -- Approval of Final Plat for Plum
Creek East Subdivision located in the Nw 1/4 of Section 17.
(Janesville Road) Commissioner Honl made a motion to adopt,
Commissioner Smith seconded. Director Sadowski stated that
majority of concerns and comments have been addressed. There are
notes that need to be placed on the Final Plat prior to approval
by the Common Council. Commissioner Vitt asked if there are
traffic restriction on Apollo Drive as it enters the subdivision.
Mr. Klimeck stated that the road will be a 60' right-of-way
instead of the 72' right-of-way as in the Industrial Park. He
further suggested that after the subdivision was completed the
City put a weight restriction on the road in the subdivision.
Mr. Klimeck explained that the extension of Apollo Drive will
allow for better emergency access for the Fire Dept. and Police
Dept .
Mr. Klimeck stated the the public utilities (electric, telephone,
cable) locations will not be placed on the Final Plat and Ruekert
h Mielke agree with this.
Mr. Carity explained that the bike path will be a dedicated bike
path and the homeowners association will be responsible to
maintain it. Mr. Carity also has been in contact with Pete Theis
as soon as the weather permits. If the commission feels it is
necessary, Mr. Carity is agreeable to this being added to the
Letter of Credit.
Commissioner Hulbert asked if in moving the pond if there will be
enough level land left for the soccer field, ball diamond etc.
Commissioner Hulbert concluded by stating that the Park Commission
anticipates receiving a copy of the ultimate park plan for this
Carity explained that this area will be maintained through the
subdivision. Mr. Klimeck said the plan would be provided. Mr.
home owners association for Plum Creek, Plum Creek East and Plum
Creek Addition #l. It will be up to the homeowners association
where they want to place each item. Mr. Klimeck stated that there
will be enough level land to the south for soccer field or
baseball diamond. The land to the east of the pond may want to be
used as a picnic area. Upon a roll call vote, Resolution #22-94
passed unanimously.
and has agreed to change the curb cuts and the grade by April 1 or
RESOLUTION #P.C.-23-94 -- Recommendation of the Plan
Commission on the Proposed Amendment to Chapter 14, Section 1.5
(2) of the Floodplain Zoning Ordinance for the Property area of
Creek Addition #1 Subdivision. Commissioner Honl made a motion
the Unnamed Tributary of the Muskego Canal located in the Plum
to adopt, Commissioner Hulbert seconded. Ald. Taube is concerned
culvert is 30' wide and the bike path will only be 8' wide across
with the culvert of the creek. Mr. Klimeck stated that the
Pg. 13 Plan Commission Minutes 02/01/94
the creek. Upon a roll call vote, Resolution #P.C. 23-94 passed
unanimously.
MISCELLANEOUS BUSINESS
Commissioner Honl indicated that he will be gone until the second
meeting in April for the Plan Commission. Commissioner Smith will
be absent from the February 15, 1994 meeting. Chairman De Angelis
reminded the other commissioner's that Commissioner Raimann is
also absent until April. If any of the commissioners will be
unable to attend the February 15, 1994 Plan Commission meeting
they need to contact either the Mayor's office or the Planning
Office as the meeting will have to be canceled due to lack of
quorum.
Director Sadowski stated that Mr. Fohr filed for an variance and
is on the Board of Appeals agenda for the February 18, 1994
meeting. Chairman De Angelis stated that he will be present.
ADJOURNMENT
Commissioner Honl made a motion to adjourn the meeting at 11:45
p.m. Commissioner Smith seconded. Upon a voice vote, the motion
to adjourn passed unanimously.
Re$peCtfUllV submitted, G@W Co lette M. -dq! Klenz
Recording Secretary 1