Deerfield Wisconsin
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2008 August 20

JOINT VILLAGE BOARD AND
PLANNING COMMISSION / ECONOMIC DEVELOPMENT COMMITTEE
MINUTES
VILLAGE OF DEERFIELD

FOR A MEETING OF THE VILLAGE BOARD AND PLANNING COMMISSION / ECONOMIC DEVELOPMENT COMMITTEE OF THE VILLAGE OF DEERFIELD HELD AT THE DEERFIELD FIRE DEPARTMENT, 305 N. INDUSTRIAL PARK ROAD, DEERFIELD, WISCONSIN ON WEDNESDAY, AUGUST 20, 2008 AT 6:30 P.M.

I. CALL TO ORDER – NOTING OF ROLL BY CLERK
President Mathews called the Village Board meeting to order at 7:25 P.M.  Roll call present: Mathews, Frutiger, Kiefer, Schreiber, Tebon, Smith and Wilkinson. 

Chairman Mathews called the Planning Commission meeting to order at 7:25 P.M.  Roll call present: Mathews, Mack, Riesop, Tebon, Bastian, Schultz and Wild. 

Also present – see sign in list on file in the clerk’s office.

II. CONSENT AGENDA
A.  NONE

III. PUBLIC APPEARANCES
A.  PUBLIC HEARING ON ZONING CODE AMENDMENT TO SECTION 24.23(3) TO ALLOW TWO (2) FAMILY DWELLINGS IN R-2 DISTRICT WITH CONDITIONAL USE
Mathews opened the Public Hearing at 7:30 P.M.

Otte read the notice and stated that the notice was published and posted.

Arnie Evensen questioned if this was a legal meeting because the Public Hearing Notice stated that the meeting would be held at the Village Hall.

Otte stated a notice was placed on the Village Hall door of relocation of the meeting and that the Agendas had the correct location.

Attorney Anderson then explained the laws on existing 2 family uses which are existing nonconforming uses in the R-2 zoning district.  Attorney Anderson then answered questions from residents on the definition of what is a two (2) family building.

Christopher Stier stated that this was a two (2) family unit at 227/229 N. Main Street.

Dave Dinkel questioned why this was classified as a two (2) family because it was being used as a single family dwelling.

Anie Evensen stated that Smart Growth shows Main Street to be single family residences.

Residents then asked various questions on the two (2) family homes that presently exist on Main Street.

Mathews then stated that village staff has complied a listing of present non-conforming two (2) family dwellings on Main Street and that it appears from questions asked and comments at a previous hearing there should not be any amendment to the code and that a letter will be sent to all property owners on Main Street zoned R-2 starting whether or not the dwellings are existing non-conforming two (2) families.

The hearing was closed at 8:00 P.M.

B.  PUBLIC HEARING CONDITIONAL USE PERMIT 227 N. MAIN STREET (AS PER NOTICE)
Mathews opened the hearing at 8:02 P.M.

Otte read the notice and stated that it was posted, published and sent to all property owners within three (300) feet. 

There was no public comments.

Hearing was closed at 8:05 P.M.

C.  PUBLIC COMMENTS
None

Motion by Smith, second by Kiefer to waive the order of the Village Board agenda and address items V. B. 1&2 first.  Motion carried

Motion by Tebon, second by Wild to waive the order of the Planning Commission agenda and address items V. B. 1&2 first.  Motion carried

IV. UNFINISHED BUSINESS, REVIEW & ACTION THERE ON:
1. DEVELOPERS AGREEMENT AND FINAL PLAT FOR SAVANNAH PARKWAY
Representatives for Don Tierney and Don Tierney explained the plat and answered questions regarding engineer’s review.

After discussion and reviewing of the engineer’s review letter, Mathews stated that he recommends that this matter be held over until a special meeting of the Village Board and Planning Commission on Wednesday, August 27, 2008 at 6:00 P.M.  The Planning Commission & Board agreed because this would allow additional time for the members to review the information.

2. DEVELOPMENT INCENTIVES TIF #2
Otte reported that after reviewing the project plan, incentives may be given to private landowners in TIF #2.

After discussion, Mathews recommended that this matter be held over for additional discussion.  The Commission and Board agreed.

V. NEW BUSINESS
A.  RESOLUTIONS
1.  NONE
B.  REVIEW & ACTION:
1.  ZONING CODE AMENDMENT SECTION 24.23(3)
Mathews stated that after hearing the public comments he felt no change should be made to the zoning code.

After discussion, motion by Bastian, second by Tebon that the proposed amendment to section 24.23(3) of zoning code be tabled.  Motion carried.

Motion by Frutiger, second by Tebon that the proposed amendment to section 24.23(3) of zoning code be tabled.  Motion carried.

2.  CONDITIONAL USE PERMIT 227 N. MAIN STREET
Motion by Wild, second by Bastian that 227/229 N. Main Street is an existing non-conforming two (2) family in the R-2 Zoning.  Motion carried.

Motion by Schreiber, second by Smith that 227/229 N. Main Street is an existing non-conforming two (2) family in the R-2 Zoning and the application fees for the rezoning petition should be refunded.  Motion carried.

3.  TIME EXTENSION FOR COMPLIANCE 217/221 MORNINGSIDE DRIVE
Otte asked that this matter be held over until the regular Planning Commission meeting in September.  The Board and Commission agreed.

4.  SALE OF 10 ACRES OF LAND IN THE INDUSTRIAL PARK
Otte stated that the Village has a company interested in purchasing the remaining 10 acres of land in the Industrial Park and asked if the Board or Commission had any objections to the sale of all the property to one user.

After discussion, both the Commission and the Board stated that they had no objections to the sale of the remaining Business Park property to one buyer.

5.  N. INDUSTRIAL PARK ROAD RIGHT-OF-WAY ISSUES
Otte, Attorney Anderson and Commission member Riesop explained the dedication and mapping issues relating to N. Industrial Park Road.  They also explained how these deficiencies could be resolved. 

After discussion, motion by Bastian, second by Tebon directing staff to prepare or obtain the necessary documents for review and action to correct the North Industrial Park Road Right-of-Way issues.  Motion carried.

Motion by Frutiger, second by Tebon directing staff to prepare or obtain the necessary documents for review and action to correct the North Industrial Park Road Right-of-Way issues.  Motion carried.

VI. COMMUNICATIONS
A.  BUSINESS PARK LISTING
Otte stated that this was covered under Item 4 above.

VII. STAFF REPORTS
A.  UPDATE ON TIF #5
Otte stated that staff is working on the Grocery Store and is presently awaiting the engineers plans.

VIII. ADJOURN
Motion by Schreiber, second by Wild to adjourn the Planning Commission meeting at 9:00 P.M.  Motion carried.

Motion by Frutiger, second by Kiefer to adjourn the Village Board meeting at 9:00 P.M.  Motion carried.

/S/ Dean A. Otte
Village Administrator, Clerk-Treasurer