New Berlin Citizens for Responsible Government

Waukesha County Circuit Court Case #2007CV1421

A lawsuit has been filed in Waukesha Circuit Court on May 18, 2007, against the City of New Berlin and the New Berlin Board of Appeals, by Janacek Investment Inc., Operators of Deer Creek Apartments. Janacek Investments, Inc. is represented by the law firm of Murn & Martin C.S.

On February 5, 2007, the Planning Commission granted approval of the Deer Creek Inn and Conference Center at Greenfield Avenue and Moorland Road, despite the unit being 40 feet higher than the PUD approved by Ordinance 2128 in January 2001. An amendment is required because of the additional height and other changes.

The suit alleges the Planning Commission disregarded City ordinance 275.23(J)(2) setting forth amending text of Planned Unit Development (PUD).

New Berlin Board of Appeals on April 12, 2007 upheld the decision of the Planning Commission by a 4-1 vote, and failed to apply Zoning Ordinances and related height expressly stated at 55'.

The Plaintiff's are asking the Court to reverse the New Berlin Board of Appeals decision and send the plan back to the Planning Commission and the Common Council per Ordinances 2128 and 275.23(J((2).

They are also asking for a Declaratory Judgment and relief because the planned Deer Creek Inn and Conference Center will diminish and harm the use by the plaintiff and residents of Deer Creek Apartments because of the failure of the City to require an amendment to Ordinance 2128 as a result of the increase in height from 55' to 94'.

There was no reason to rush into this approval without a public hearing. The Administration must follow the requirenments of the City of New Berlin Ordinances.

A lawsuit reportedly has been filed against the City of New Berlin because of City approval of the Deer Creek Inn and Conference Center. The City is alleged to have violated the City's own Municipal Code.

Hopefully this will not cost the City of New Berlin millions of dollars.

More news on the newberlincitizens.com web site as it becomes available.

The New Berlin Council will meet tonight at 7:00 pm, to discuss and make a decision to rebuild Calhoun Road from Greenfield avenue to just south of Cleveland avenue.

The choice is between a costly 4 lane divided highway with left turning lanes, and alternative 1A at a far lower cost. Traffic counts reveal that counts taken just last month are lower than counts in 2003 and July of 2006.

There is no question that the road must be rebuilt as it is deteriorating, but the major question is how much the taxpayers of New Berlin can afford in view of the other major projects that the city is faced with in the near future.

It is time to make a decision for the lower priced plan and move forward.

Former School Board President and Southern Trails District Commissioner. Potawatomi Area Council, BSA. Dick O'Connor, was visiting in Florida when he was hospitalized. He returned to Milwaukee last week and is now at West Allis Memorial Hospital. We wish to extend our best wishes and prayers for a speedy recovery.

Did you know that the Chairman, Paul Gihring of the Alternate Transportation Committee has not called a meeting since September 2006? This committee apparently only meets when it is time to rubber stamp what the Dept of Public Works has decided what they want to do.

$250,000 is about to be spent for the trails around Beloit Road
and Moorland road south of I 43. Much of the money will be spent for the section between Applebys and the Princeton Club.

One Alderman asked why the road leading back to the pumping station could not be used to save money. He was told that the Utility did not want people walking on their access road. That is stupid! That road would get maybe 1 or 2 vehicles a day. DPW wants a separate trail for pedestrians and has told everyone that is the way it is.

One of the staff said that the alternate trail must be paved because people don’t like walking on stones.

The Mayor has stated that businesses at Westridge wanted side paths on both sides of Moorland, so workers could walk down to Target or the restaurants in the area for lunch or shopping. No one will use side paths for that purpose. There simply is not enough time to walk that far and dodge traffic as well.

After the new roundabouts get installed there will be no traffic lights to stop vehicles so that pedestrians can safely cross the Moorland and the on - off ramps on in the area. The staff said pedestrians will have to be careful!

The videos that were shown of the roundabouts had only 1 or 2 cars in the circle coming from only one direction. In real life this will be a heavily congested area for vehicular traffic.

It is time for the new Common Council to take another look at Alternate Transportation and call it for what it is. Bike Paths! There are many millions of dollars involved and we must get a better control and responsible leadership