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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JANUARY 18, 2000 PRESENT: Lurton Blassingame, David Borsuk, Don Krueger, Achim Reschenberg, and Jim Smith EXCUSED: William Bettes, Melanie Bloechl, Steven Gehling, Donald Pressley, Scott Saunders, and John Ruppenthal STAFF: Jackson Kinney, Director of Community Development; John Bluemke, Principal Planner; and Vickie Rand, Recording Secretary The meeting was called to order by Chairman Pro Temp Borsuk. Roll call was taken and a quorum declared present. The minutes of January 4, 2000 were approved as mailed. I. EXTRATERRITORIAL LAND DIVISION, 12 TALBOT LANE Roehling Land Surveying, petitioner, Judith Domer, owner, requests the Plan Commission review and approve an extraterritorial land division at 12 Talbot Lane. The property is located in the Town of Black Wolf and per the Town of Black Wolf zoning map is zoned R-1 Residential. Mr. Smith asked if the new lots would be able to hook up to the sewer system in the Town of Black Wolf. Mr. Bluemke stated that they would. Mr. Blassingame asked how the new lots would gain access to the lake. Mr. Bluemke referred the Commission to review the Certified Survey Map, which showed a clear picture of the access the new lots would have to the lake. Burns Apfeld, 3604 Edgewater Lane, stated he lived south of the subject property and had environmental questions. He noted there is a drainage problem on his property that the Town of Black Wolf has failed to resolve. Mr. Bluemke stated the Plan Commission could not act on drainage issues since they are under the Town of Black Wolf jurisdiction. Motion by Smith, to approve the Extraterritorial Land Division at 12 Talbot Lane. Seconded by Reschenberg. Motion carried 5-0. II. LAND ACQUISITION – SANITARY SEWER EASEMENT The Department of Public Works requests approval of a land acquisition for a sanitary sewer easement on the east side of Jackson St., north of 3420 Jackson Street and south of 3546 Jackson Street on property owned by Avenue Properties, Inc. Attorney Charles Hurtell, 1 Pearl Avenue, stated he was representing Avenue Properties. He stated they were in opposition to this acquisition by the City for two reasons. He stated the first reason for the opposition was because it was an inappropriate and an illegal use of the City’s power of eminent domain. He stated the second reason was because it was inequitable in that the City hasn’t provided other land owners the same opportunity. He stated the only thing the City will accomplish in this acquisition would be to spare the property owner the expense involved in obtaining sewer service. He stated his client feels the City has improperly interfered with negotiations between the property owners. Plan Commission Minutes Page 2 January 18, 2000 Attorney Hurtell stated his client had contacted the City to assist with the hook up into an existing lateral in 1997, and was told it could only be done at the owners expense. Attorney Hurtell proceeded to hand out a letter dated April 2, 1997 addressed to Jerry Kope at Avenue Homes, Inc., stating that fact. He stated his client paid out $12,000 for boring and to bring the sewer laterals across the street. Attorney Hurtell handed out a “Waiver of Special Assessment Notices and Hearing under Section 66.60, Wisconsin Statutes” and a “Sanitary Sewer Lateral Agreement” between Lincoln Contractors Supply and Avenue Properties which had not been signed. Attorney Hurtell continued to make comparisons between the attempt for sewer services in 1997 and the current acquisition. He stated his client feels the City’s use of the power of eminent domain for private purposes would be unlawful and unequitable under Chapter 32.05 of the Wisconsin Statutes. Mr. Borsuk questioned who owned the lateral under State Highway 45. Norm Knief, owner of Lincoln Contractors stated Mr. Kope had contacted him with facts about the sewer lateral and manhole and quoted various prices that would allow hook-up to the sewer lateral. Mr. Knief stated he never agreed to any of Mr. Kope’s proposals and was coming forward at this time with a request based on cost information he had obtained from the City Engineers to bring the sewer lateral, owned by the City not Mr. Kope, under Highway 45. Tony Lang, Assistant Director of Public Works, stated the construction of a sanitary sewer crossing Highway 45 was constructed under contract number 97-21 as a public main and a public manhole per a request from Avenue Properties to the Public Works Department since the cost was much higher for a private lateral than for a public main. Mr. Lang stated the City had interest in constructing it as a public main due to new development occurring to the north. Mr. Lang stated it was his understanding that the Scharf property to the south went ahead with their own schedule of putting in a sewer lateral in 1997 because they didn’t want to wait for the City to work it into their budget. Discussion continued on the assessed cost to the City and to the property owner for the sanitary sewer hook up in 1997. Mr. Smith asked why the City didn’t acquire the land for this easement in 1997. Mr. Lang stated they didn’t foresee the need in 1997 since there was a pre-existing easement there to construct a manhole for public use. Mr. Smith asked if this was an illegal use of eminent domain. Mr. Kinney stated that if necessary that question would have to be answered by the court. Motion by Smith to approve the acquisition of the easement to provide sanitary sewer service to the Lincoln Contractors property. Seconded by Krueger. Motion carried 5-0. III: MARION ROAD/PEARL AVENUE REDEVELOPMENT PLAN MODIFICATION # 3 This item is recommended by the Department of Community Development and involves the expansion of the boundaries of the Marion Road/Pearl Avenue Redevelopment Project area to include the vacant parcel of land at the northwest corner of Marion Road and Jackson Street. The parcel of land that will be included with the adoption of this modification is the property just south of the Bermuda Triangle Tavern, 111 Jackson Street. Plan Commission Minutes Page 3 January 18, 2000 Mr. Borsuk asked Mr. Kinney to review this modification for the Commission. Mr. Blassingame asked if Mr. Kinney could also explain the timing of the modification. Mr. Kinney used the map as displayed to point out the redevelopment area and the addition of a single vacant parcel. Mr. Kinney stated the reason to go ahead with expanding the boundary of the redevelopment plan at this time was because the property owner has offered the parcel to the City at no cost. Mr. Kinney explained it was in the communities best interest to recognize the environmental issues and place this parcel in a redevelopment area to allow for a municipal exemption from any preexisting spill statute related contamination that may or may not exist in the area. He also explained that this piece of property may be valuable to the project for use in straightening out the intersection as the project progresses. Mr. Kinney stated the City would be able to close on the property once the Common Council approves the modification. Mr. Borsuk asked Mr. Kinney to explain the use of a “municipal exemption.” Mr. Kinney explained the State Legislature has offered this program for cities not to be liable for contamination from brownsfield conditions in the area. He explained the program gives the city some comfort to move forward with testing on a site to determine if any contamination is present. Since the City would be under no obligation to deal with spill soluble or underground storage tank related contamination, if such were found, by doing the testing the City can determine how best to deal with the situation. Mr. Smith asked why this program wasn’t available to the private sector. Mr. Kinney explained under the state law the polluter pays for the clean up, and it isn’t offered to the private sector because the state doesn’t want the polluter to be exempt of any clean up. Discussion continued on the clean up of the property according to the use and state statutes, and how this exemption offers a municipal to be creative within a redevelopment area. David Fiss, owner of the Bermuda Triangle Bar on the corner of Marion Road and Jackson Street asked how he would be affected if he wished to sell his property in the future. He explained underground storage tanks were located on his property, not by his own doing, and noted the previous owner (s) were no longer available to pay for the clean up. Mr. Kinney stated the City staff or Plan Commission couldn’t answer those questions and he should contact an attorney for help on that issue. Motion by Smith for approval of Modification #3 to the Marion Road/Pearl Avenue Redevelopment Project Plan and that the boundaries of the project plan area be changed accordingly, and the City proceed with the acquisition of the vacant property (tax parcel #1-203-01). Seconded by Reschenberg. Motion carried 5-0. IV: NORTH MAIN STREET REDEVELOPMENT PROJECT AREA NO. 1 - MODIFICATION # 1 This item is recommended by the Department of Community Development and involves the expansion of the boundaries of the North Main Street Redevelopment Project Area No. 1 to include the property at 420 Division Street. Mr. Kinney used the map as displayed to show the boundaries of the redevelopment project and the addition of a single parcel at 420 Division Street to the project area. Plan Commission Minutes Page 4 January 18, 2000 Mr. Kinney stated J & R Service has been looking to expand their business which wouldn’t work on the current site, and still remain in a downtown location. Mr. Kinney explained that expanding the boundaries in the redevelopment project area to include the parcel at 420 Division Street would allow the City to trade cash and vacant land in the 600 block of North Main Street for J & R’s building at 420 Division Street. The Oshkosh Housing Authority could acquire the Division Street property to provide new offices, storage and possibly some living units on the upper floors. He explained if the Housing Authority offices were moved to 420 Division Street, this would make room for additional living space at Marian Manor. Mr. Smith asked if there weren’t some environmental concern at 420 Division caused by the current owners. Mr. Kinney reviewed the past uses of the property and noted there are no outstanding orders on the property and underground storage tanks had been removed from the property and rehabilitation of the building looked very good. Discussion continued regarding the fair market value of the properties and the cost to the City. The use of municipal resources to help this type of business remain downtown was also discussed. Mr. Kinney reviewed the amount of jobs located in the central city district and the variety of goods and services needed for the residents and workers in the area. He noted he had talked to developers regarding the effect an auto oriented business would have on housing development in the area. He stated the developers had no problem with a commercial business in the area if it was done right. Further discussion continued on the downtown area. Mr. Borsuk asked if J & R Service would build a new building if the City were to buy the current building at 420 Division Street. Mr. Kinney reviewed the timetable of getting all the steps in place before J & R Service could proceed with their expansion and relocation plans. April Handy, 521 Central Street, stated she had just received a staff report and now realized she was in a redevelopment area and asked how that would affect her. Mr. Kinney explained the redevelopment area was adopted in 1995/1996 to look at what could be done to promote rehabilitation and improvements in the area. He stated the only plans proposed at this time were the addition of a single parcel to the redevelopment area. Motion by Smith for approval of Modification #1 to the North Main Street Redevelopment Project Area No. 1 and that the boundaries of the project plan area be changed accordingly, and that the City proceed with the acquisition of 420 North Main. Seconded by Blassingame. Motion carried 5-0. OTHER BUSINESS I.PLAN COMMISSION MEETING TIME Mr. Kinney stated he would like the Commission to consider changing the meeting time from 5:00 p.m. back to 4:00 p.m. as it had been previously. He stated he had talked to the Mayor, and she was o.k. with the change as it would not affect her new work schedule. He pointed out the number of people in the audience hasn’t seemed to increase with a later meeting time, and noted the effects on the office staff and budget as they accumulate comp time. Plan Commission Minutes Page 5 January 18, 2000 It was agreed the Plan Commission would be polled, since only 5 members were present, to determine what meeting time would work the best for all involved. II.ABANDONED RAIL ROAD RIGHT-OF-WAY FROM MURDOCK AVENUE TO NEW YORK AVENUE Mr. Blassingame asked if the abandoned rail road right-of-way from Murdock Avenue to New York Avenue could be included in the “Rails to Trails” program. Mr. Kinney stated he would check with the Department of Public Works as it may already be in the plans. Discussion continued with the success of other trails in the Oshkosh area. III.SPECIAL MEETING ON FEBRUARY 8, 2000 Mr. Kinney stated he would like to hold a special meeting to discuss the proper procedures for the handling of items that come before the Plan Commission. He stated a memo would be sent out as to the exact meeting date and time. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner