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Village of Weston, Wisconsin Meeting of the JOINT TOWN and VILLAGE

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Village of Weston, Wisconsin Meeting of the JOINT TOWN and VILLAGE Village of Weston, Wisconsin Meeting of the JOINT TOWN AND VILLAGE OF WESTON EXTRATERRITORIAL ZONING COMMITTEE During the 23rd legislative session of the elected Board of Trustees (2019 – 2020) Tuesday, June 23, 2020 @ 4:30 P.M. Packet Prepared By: Emily Wheaton, Assistant Planner Village of Weston, Wisconsin MEETING NOTICE Meeting of: JOINT VILLAGE & TOWN EXTRATERRITORIAL ZONING (ETZ) COMMITTEE Commissioners: Randy Christiansen, Steven Cronin, Gary Guerndt, Mark Hull, Steve Meinel, and Milt Olson Staff: Jennifer Higgins, Director of Planning & Development Date/Time: Monday, June 23, 2020, @ 4:30 P.M. Location: Weston Municipal Center (5500 Schofield Ave) – Board Room Agenda: The agenda packet will be sent out at least 3 days prior to the meeting. Attendance: All Village officials are encouraged to attend. Commissioners, Department Directors, and guests, please indicate if you will, or will not, be attending so we may determine in advance if there will be a quorum by sending an RSVP to the assigned Administrative Support person: RSVP: Valerie Parker, ETZ Secretary (715) 241-2613 [email protected] Questions: Jennifer Higgins, Director of Planning & Development (715) 241-2638 [email protected] This notice was posted at the Municipal Center and was e-mailed to local media outlets (Print, TV, and Radio) on 06/17/2020. A quorum of members from other Village governmental bodies (boards, commissions, and committees) may attend the above-noticed meeting in order to gather information. No actions will be taken by any other board, commission, or committee of the Village, aside from the Village Plan Commission. Should a quorum of other government bodies be present, this would constitute a meeting pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis.2d 553,494 N.W.2d 408 (1993). Wisconsin State Statutes require all agendas for Committee, Commission, or Board meetings be posted in final form, 24 hours prior to the meeting. Any posted agenda is subject to change up until 24 hours prior to the date and time of the meeting. Any person who has a qualifying disability as defined by the Americans with Disabilities Act requires that meeting or material to be in accessible location or format must contact the Weston Municipal Center, by 12 noon, the Friday prior to the meeting, so any necessary arrangements can be made to accommodate each request. VILLAGE OF WESTON, MARATHON COUNTY, WISCONSIN OFFICIAL MEETING AGENDA OF THE JOINT VILLAGE & TOWN EXTRATERRITORIAL ZONING COMMITTEE. TO THE SIX (6) APPOINTED MEMBERS OF THE JOINT VILLAGE & TOWN EXTRATERRITORIAL ZONING (ETZ) COMMITTEE: The following items were listed on the agenda in the Village Clerk’s Office, in accordance with Chapter 2 & Chapter 62 of the Village’s Municipal Code and will be ready for your consideration at the next meeting of the Joint ETZ Committee which has been scheduled for Tuesday, June 23, 2020, at 4:30 p.m., in the Board Room, at the Weston Municipal Center, 5500 Schofield Avenue, Weston. A quorum of members from other Village governmental bodies (boards, commissions, and committees) may/might attend the above-noticed meeting to gather information. Should a quorum of other government bodies be present, this would constitute a meeting pursuant to State ex rel. Badke v. Greendale Village Bd., 173 Wis.2d 553,494 N.W.2d 408 (1993). No official actions other than those of the Plan Commission shall take place. Wisconsin State Statutes require all agendas for Committee, Commission, or Board meetings be posted in final form, 24 hours prior to the meeting. Any posted agenda is subject to change up until 24 hours prior to the date and time of the meeting. 1. Meeting called to order by Director of Planning & Development Higgins. 2. Roll Call and declaration of a quorum by Secretary Parker of Joint Village & Town ETZ Committee – RANDY CHRISTIANSEN, STEVEN CRONIN, GARY GUERNDT, MARK HULL, STEVE MEINEL, MILT OLSON. 3. Call for Nominations for ETZ Chair. a. Discussion and Action on ETZ Chair. 4. Call for Nominations for ETZ Vice-Chair. a. Discussion and Action on ETZ Vice-Chair 5. Approve minutes from the March 9, 2020 Regular Meeting. (ETZ) COMMUNICATIONS 6. Opportunity for citizens to be heard. 7. Written communications received. NEW BUSINESS 8. Permit #20474 David Gau, 225303 Maplewood Drive, Request for 30-foot x 30-foot Detached Garage to be Located Between House and Road MISCELLANEOUS 9. Next meeting date - TBD 10. Remarks from Staff and Committee Members. ADJOURNMENT 11. Adjournment of ETZ. Joint ETZ Committee Meeting Agenda, June 23, 2020 Prepared by: Jennifer Higgins, Director of Planning & Development Village of Weston, Wisconsin OFFICIAL PROCEEDINGS OF THE PLAN COMMISSION held on Monday, March 9, 2020, at 6:00 p.m., in the Board Room, at the Municipal Center AGENDA ITEMS. 1. Meeting called to order by Plan Commission (PC) Chair & Trustee Mark Maloney. 2. Meeting called to order by Extraterritorial Zoning (ETZ) Committee Chair Loren White. 3. Roll Call of Village PC by Secretary Parker. Roll call indicated 7 Plan Commission members present. Member Present Maloney, Mark YES Sparks, Wally YES Gau, Duane YES Guerndt, Gary YES Jordan, Joe YES Meinel, Steve YES White, Loren YES 4. Roll Call of Joint Village & Town of Weston ETZ Committee by Secretary Parker. Roll call indicated 5 ETZ members present. Member Present White, Loren YES Hull, Mark YES Christiansen, Randy YES Guerndt, Gary YES Meinel, Steve YES Olson, Milt NO - Excused Village Staff in attendance: Donner, Higgins, Wodalski, Wheaton, Tatro, Chartrand, and Parker. There were about 5 people in the audience. 5. Approval of minutes from the January 13, 2020 – Regular PC meeting Motion by Sparks, second by White: to approve the January 13, 2020, Regular PC Meeting minutes. Yes Vote: 7 No Votes: 0 Abstain: 0 Not Voting:0 Result: PASS Member Voting Maloney, Mark YES Sparks, Wally YES Gau, Duane YES Guerndt, Gary YES Jordan, Joe YES Meinel, Steve YES White, Loren YES Valerie Parker updated @ 3/11/2020 4:10 PM Page 1 Mtg_BOT_200316_Consent_Minutes_PC 200309_jen200309 6. Approval of minutes from the October 14, 2019 – Regular ETZ meeting Motion by Hull, second by Guerndt: to approve the October 14, 2019, Regular ETZ Meeting minutes. Yes Vote: 5 No Votes: 0 Abstain: 0 Not Voting: 1 Result: PASS Member Voting White, Loren YES Hull, Mark YES Christiansen, Randy YES Guerndt, Gary YES Meinel, Steve YES Olson, Milt --- COMMUNICATIONS 7. Opportunity for citizens to be heard. None. 8. Written communications received. None. UNFINISHED BUSINESS 9. Unfinished Business – Discussion and possible recommendation to the BOT on the petition to vacate an unimproved portion of the Dominika Street right-of-way laying south of Mary Lane. (PC) Joe Muzynoski, 5803 Mary Lane was present. Donner stated this topic is outlined in the packet, which dates back to 2018, when Muzynoski was made aware that his house does not comply with the minimum required setbacks. He explained the sentiment of Plan Commission was to not vacate Dominika Street in its entirety. He explained some of the options we had looked at. Donner explained staff looked at the Wandering Springs West Plat from 1999 to confirm access to property to the south from west and east sides. This plat includes Outlot 1, which consists of two outlots, a small triangle on the southeast corner, and a larger lot on the southwest corner. The Plat notes Outlot 1 is set aside for future possible street extensions. Donner referred to a legal article in the packet by Claire Silverman in the League of Municipalities Newsletter, stating that staff if looking at whether these constitute a dedication. Donner stated he received an opinion from Attorney Yde that confirms since these outlots are common law dedications, these lands would be held for public uses. Donner stated last Thursday, he met with Muzynoski and Budleski. Donner stated Budleski followed up with a phone call today stating that he agrees that he intended for these outlots to be dedicated as public street. The problem is that a CSM was created in 1999 and again in 2002, when land was conveyed to Joe Buska. The west 33’ of Outlot 1 in the southeast was included in the CSM that created that parcel. We want to be sure we have that entire right-of-way that was intended to be dedicated as part of this plat, reconfigured and explicitly dedicated before the Plan Commission decides whether to consider vacating that piece of Dominika Street. Maloney questioned if we would still be using part of the Dominka Street right-of-way for public utilities and a public path. Donner stated first we need to be sure Outlot 1, on both corners of this plat, are available and would be public right-of-way for access to the property to the south. Donner stated if this is satisfied, then staff would recommend to PC to vacate all or part of Dominika Street right-of-way to the south. Donner stated he has had some e-mail exchanges from Attorney Paul Duerst, of County Land & Title (attached). Duerst stated to Donner that he would need to follow up with Buska to get Buska’s approval to Valerie Parker updated @ 3/11/2020 4:10 PM Page 2 Mtg_BOT_200316_Consent_Minutes_PC 200309_jen200309 release a copy of his title policy, as we need to receive verification from Buska that he is not claiming ownership of the 33 feet of Outlot 1 land, or that Duerst is making good on the fact that the 33-feet of outlot land should not have been conveyed to Buska (to the property Buska bought from Mitch King). Meinel explained Mitch King signed a deed that was prepared by Duerst, with his title policy, who did the closing.
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