HomeMy WebLinkAbout02-14-94 Zoning & Vacation QCommtttuu Airport
ZONING AND VACATION COMMITTEE
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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.
February 14, 1994
Zoning and Vacation
Page 2
Mr. David Mirkin, the attorney for the petitioner, then made the presentation.
Council Member Luecke spoke in favor of the request and noted that the green
space was essential between the facility and the adjacent neighborhood.
Following further discussion, Council Member Washington made a motion
seconded by Council Member Duda that Resolution No. 94-9 be recommended
favorably to the Council. The motion passed.
There being no further business to come before the Committee, the meetings
adjourned at 5:15 p.m.
Respectfully submitted,
Council Member Lee Slavinskas,
Chairperson
Zoning and Vacation Committee.
Attachment(s)