02-14-94 Zoning & Vacation - Laserfiche WebLink

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QCommtttuu Airport ZONING AND VACATION COMMITTEE �o tit common Council of tbt city of 0outb 313tutr The February 14, 1994 meeting of the Zoning and Vacation Committee was called to order by its Chairperson, Council Member Lee Slavinskas at 4:50 p.m. in the Council Informal Meeting room. Persons in attendance included Council Members Luecke, Washington, Kelly, Puzzello, Slavinskas, Coleman, Duda, and Ladewski; William Eagan, Robert Nagle, Richard Nussbaum, Joyce Boyler, Charles P. Rice, David Mirkin, Don Porter, and Kathleen Cekanski-Farrand. The first item on the agenda was to review Resolution No. 9-93 which would repeal Ord. No. 5539-73 addressing annexation. Council Member Coleman provided a substitute Bill. He noted that the original ordinance has lingered in the Court for almost twenty (20) years. The remonstrance group has continued to stay in touch on this matter. He noted that this is one of the largest involuntary annexation addressing approximately 3,450 acres. The law at the time addressed the one-eighth (1/8th) contiguous boundary criteria. Council Member Coleman stated that to repeal the ordinance would save the Legal Department from needless work, would permit a fresh start for annexation. He also noted that to support this action would not make that individual anti-annexation. Mr. Nussbaum noted that the City is the defendant in the pending lawsuit and that the City has not pushed it nor has any Judge. Currently it is pending before Judge Whitman, and Attorney Don Blackman represents the plaintiffs. If the ordinance in question is passed this evening,the legal will then file a motion to dismiss. The ordinance pending before the Court is inconsistent with the current orderly annexation plan developed by the City. The original ordinance to rescind the annexation was filed by the administration in part as a leverage tactic with regard to the Dvorak State Bill. Council Member Luecke noted that by having the annexation pend in the Court system, that it has prevented other entities from annexing the area in question. Following further discussion, Council Member Washington made a motion, seconded by Council Member Duda, that substitute Bill No. 9-93 be recommended favorably to Council. The motion passed. The committee then reviewed Resolution No. 94-9 which is a petition from the Board of Zoning Appeals for the property located at 420 and 422 North Williams Street. Mr. Robert Nagel provided background information on this special exception request. He noted that the public hearing before the Board of Zoning Appeals was held on January 20, 1994 and sends the request favorably to the Common Council.