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HomeMy WebLinkAboutMinutes PLAN COMMISSION MINUTES JULY 18, 2000 PRESENT: Lee Bettes, Lurton Blassingame, Melanie Bloechl, Don Krueger, Don Pressley, Achim Reschenberg, James Smith, Chairman Pro Temp EXCUSED: David Borsuk, Steve Gehling, Scott Saunders, and John Ruppenthal STAFF: John Bluemke; Principal Planner, and Vickie Rand; Recording Secretary The meeting was called to order by Chairman Pro Temp Smith. Roll call was taken and a quorum declared present. Mr. Reschenberg made a correction on page 5 of the June 20, 2000 minutes for Condition #4 to read: The driveways be flared in the same manner as the Aurora Health Care Clinic. The minutes of June 20, 2000 were approved as corrected (Blassingame/Bloechl) unanimous. I: ITEM I: CONSENT AGENDA A: Privilege In Street: Jackson Street ending on Parkway Avenue and Algoma Blvd. McLeod USA, petitioners, requests the Plan Commission to review and approve Privileges In Street to allow the placement of fiber communication network within the public right-of-way. The first proposed route of the fiber network starts on Jackson Street and ends at Parkway Avenue. The second Privilege in Street is for a small part of the right-of-way on Algoma Boulevard. Both routes are shown on the attached map. The Plan Commission approved the first part of the communication network on May 2, 2000. B.Privilege in Street: 1800 Jackson Street Giles Engineering Associates, petitioner, for B & G Realty Inc., owner, requests the Plan Commission to review and approve a Privilege in Street to allow the placement/installation of a monitoring well in a City right-of-way. The monitoring well will be between the sidewalk and curb line of Jackson Street on the west side of the Taco Bell Restaurant. The well is being proposed to determine the extent and monitor the ground water contamination which may be coming from the site across Jackson Street currently occupied by the Kentucky Fried Chicken Restaurant. The monitoring well will be in the street a minimum of 6 months and may remain in the right-of-way for up to 10 years or more. Motion by Bloechl for approval of Consent Agenda item "A" with the following conditions: 1)The fiber network is installed in a manner that is approved by the Department of Public Works. Plan Commission Minutes Page 2 July 18, 2000 2)If no longer needed the fiber network be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3)That any problem which may arise as a result of the placement of the fiber network be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 4) That all appropriate permits are obtained prior to the start of construction/placement of the fiber network. 5) The fiber optic network be relocated to another location within the City at the petitioner's cost upon the request of the City. 6) The petitioner/owner secures and submits to the City Clerk a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in the street upon ten (10) days’ notice. 8) The petitioner/owner execute a hold harmless agreement with the City. 9)Wherever the petitioner places duct work under ground there will be three ducts, two ducts will be for the exclusive use of the petitioner, which the petitioner may not lease to any other party without the consent of the City, which shall not be unreasonably withheld, and one duct will be given to the City for exclusive City use. Seconded by Blassingame. Motion carried 7-0. Motion by Bloechl for approval of Consent Agenda item "B" with the following conditions: 1)The monitoring well be installed in a manner that is approved by the Department of Public Works so that it is flush with the roadway. 2) The monitoring well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) That any problem which may arise as a result of the placement of the monitoring well be the responsibility of the petitioner to correct in coordination with the Department of Public Works. 4)That all appropriate permits be obtained prior to the start of construction/placement of the monitoring well. Plan Commission Minutes Page 3 July 18, 2000 5)That the monitoring well be modified or removed immediately upon the request of the City. 6) The petitioner/owner secures and submits, to the City Clerk, a separate insurance policy which names the City as an additional insured with a minimum coverage of $200,000 per person and $500,000 in general aggregate. 7) It is the responsibility of the petitioner/owner to file in a timely manner a new insurance certificate with the City Clerk upon expiration of an existing certificate. Failure to do so will result in the revocation of the privilege in the street upon ten (10) days notice. 8) The petitioner/owner execute a hold harmless agreement with the City. Seconded by Blassingame. Motion carried 7-0. II: DODGE POULTRY FARM ANNEXATION, NORTH OF 275 N. WASHBURN STREET Terrance Slover, petitioner and personal representative for Jean Schmick, owner, requests the Plan Commission to review and approve the Dodge Poultry Farm Annexation generally located north of 275 N. Washburn Street. Temporary and permanent zoning of C-2 General Commercial District has been requested. Mrs. Bloechl questioned if a representative from the Township was present for comment since this was a majority annexation requiring a 10 day notification. No one from the Town of Algoma was present. Mrs. Bloechl also asked what the area would be used for since it was zoned C-2, General Commercial District. Mr. Bluemke stated he didn't have that information. Mr. Smith asked if the 41 Corridor Overlay District applied to this property. Mr. Bluemke stated the property did lie in the 41 Corridor Overlay District. Motion by Bloechl for approval of the Dodge Poultry Farm Annexation with temporary and permanent zoning of C-2 General Commercial District. Seconded by Pressley. Motion carried 7-0. III: CONDITIONAL USE PERMIT: OUTSIDE STORAGE OF WRECKED VEHICLES, PROPERTY WEST OF 1900 FERNAU AVENUE Dale Nelsen, petitioner for Jim Schaefer, owner, requests the Plan Commission to review and approve a Conditional Use Permit for the outside storage of wrecked vehicles on the property owned by Mr. Schaefer west of and abutting 1900 Fernau Avenue. Mrs. Bloechl asked if there was any limitation to the time frame vehicles, and related parts and equipment could be stored on the site. Mr. Bluemke stated there is no limitation, however, he stated many times police work will determine the length of time vehicles remain on the site, which may take more than a year. Plan Commission Minutes Page 4 July 18, 2000 Mrs. Bloechl also asked if totaled out vehicles would be allowed to be stacked. Mr. Bluemke stated they wouldn't be allowed to be stacked above the 8' fence. James Schaefer, 1206 Nimrod Court, stated he had no intention of stacking vehicles. Mrs. Bloechl asked how many vehicles could be stored on the lot. Mr. Schaefer stated 40 - 50 vehicles would be a tight fit on the lot. Mrs. Bloechl also asked what the hours of operation were. Mr. Schaefer stated the shop would be open from 7 a.m. to 5 p.m., however towing service would be available 24 hours. Motion by Bettes for approval of the Conditional Use Permit for the outside storage of wrecked and abandoned vehicles to be found in compliance with the standards of Section 30-11 with the following conditions: 1)No storage of vehicles, vehicle parts, or equipment used for repairs be stored outside the building or fenced storage area. 2)The landscaping plan to be reviewed and approved by the Department of Community Development include a row of tall evergreen shrubs or trees along the chain link fence to help screen the storage area. IV: CONDITIONAL USE PERMIT: 80’ TELECOMMUNICATIONS TOWER AND ANTENNA 1821 JACKSON STREET Steve DeBauch, petitioner for Knights of Columbus Building Association Inc., owner, requests the Plan Commission to review and approve a Conditional Use Permit for an 80’ telecommunications tower and associated antenna. Mr. Smith asked for clarification of a monopole. Mr. Bluemke stated the pole would have no guide wires. Sharie Englund, 861 Park Ridge Avenue, a member of Our Savior's Lutheran Church, stated the congregation has some concerns about the proposed tower. She stated the church council voted unanimously against this proposal as they felt they didn't have enough information. She stated their concerns include a safety issue from lightening, how it will effect their sound system, if the tower will be lit, the spaces it will take away from their parking lot, since the church parking lot is often used for overflow parking, and if co-location meant there would be two towers sometime in the future. She stated there is a group of trees located north east of the proposed site and questioned if they had considered that location. She also asked if there were any other monopoles in the area they could see and be able to gather more information about from the surrounding property owners. Mr. Bluemke stated the co-location is a requirement of the ordinance and refers to the antennas and not the number of poles. Roger Suda, 2215 Walnut Street, representing Bradley Real Estate Corporation, stated they area 100% opposed to the proposal of locating a monopole in the area. He stated they are developing a mall in the area, and feel the monopole would create an eyesore in the area. He stated the Pick 'N Save store was concerned about interference to the new satellite system. He stated Bill Reed, the President of the Company was opposed to the proposed location for the monopole. Plan Commission Minutes Page 5 July 18, 2000 Chairman Pro Temp Smith questioned what mall he was representing. Mr. Suda stated he was representing the Fair Acres Shopping Center. Bob Soviak, Cellcom Representative, 1343 Concord Way, Oneida, Wisconsin, stated their operations were much like a telephone system. He stated they were locally owned out of Green Bay, and were proposing to put up a monopole which would have no guide wires. He stated they already have agreements with the National Building, and Planeview Travel Plaza has a antenna located on their sign. Mr. Soviak stated the 80' pole was a very useable size that would be attractive to other wireless communication companies. He stated the Staff Report mentions there has not been any attempt to mitigate the impact of the tower, however he stated they would make the site very aesthetically pleasing to the neighborhood, and proceeded to hand out pictures of the landscaping that would be done in the area. He also handed out a list of wireless providers that would be interested in renting space on the pole. Mr. Smith asked about the affect lightening may have on the pole. Mr. Soviak stated the pole was well grounded for safety, however he didn't know how it would affect the area since lightening will hit the tallest building with the most metal. Mr. Soviak also stated the 80' pole didn't require lights and would be painted a whisp blue to blend in with the environment. Mr. Smith asked what effect the tower may have on the electronics in the surrounding buildings, and in particular the satellite communication system at Pick 'N Save. Mr. Soviak stated the pole has very low power transmitters and has never been the cause of interference when they have visits sites that had complained about interference. He stated the satellite system has a much higher frequency band and they would be far enough part to cause any interference. He also stated the monopole would be monitored by the FCC and would be shut down if the emission was out of line. Mrs. Bloechl asked if anything could be done about the looks of the monopole. Mr. Soviak stated besides painting the pole and landscaping around it there wasn't too much that could be done. He stated the area that has been chosen was the best for customer service, and there wasn't anything else around that would mitigate the impact of the pole on the area. Mr. Bettes questioned the transmission radius. Mr. Soviak stated the monopole serves a two (2) mile radius. Discussion continued regarding locating the antenna on other towers in the area, the design of the monopole, having 2 or 3 shorter poles compared to one 80' pole, and the location for best customer service. Steve DeBauch, 121 W. Cedar Street, Gillette Wisconsin, stated the main objective for the monopole was to serve the intersection area and the busy residential area. He stated they have made inquiries at every M-1 zoned business for locating the tower, and came up empty handed. David Green, Knights of Columbus Building Association, 404 W. New York Avenue, stated the monopole would be located in the south west corner of the parking lot and that was selected because it was a dead corner and they would only be loosing 2 parking spaces which would still keep them code compliant with the number of parking spaces needed for their facility. He also stated he didn't foresee any problems with Our Saviors Lutheran Church. Mr. Green stated the revenue is limited at the Columbus Club and this proposal looked attractive to the organization to help meet their expenses. He passed around pictures of different angles seen from the proposed location of the monopole. He stated Plan Commission Minutes Page 6 July 18, 2000 he believed it would be beneficial for the community and urged the Commission to approve the Conditional Use Permit. Sharie England stated she was still concerned there might be communication interference. She stated the church was considering installing a new $13,000 - $15,000 sound system. She stated they currently get interference from McDonald's Restaurant, and with cell phones not allowed in airplanes, etc., there must be some interference to be concerned about. Chairman Pro Temp Smith asked Mr. Soviak if he would be willing to meet with the church committee. Mr. Soviak stated he would be glad to meet with their committee and noted how equipment for private use shouldn't cause interference. Mr. DeBauch stated the monopole was regulated by the FCC and they wouldn't allow any interference. Roger Suda, Bradley Real Estate Corporation, reiterated they did not want an eyesore in the neighborhood to jeopardize any further development of the Fair Acres Shopping Center and was still not convinced the monopole wouldn't interfere with the new satellite communication system installed by Pick 'N Save. Mr. DeBauch stated he couldn't understand why anyone wouldn’t want improved communication in the area, as this monopole would enhance communications already in place. Ms. England stated even though the monopole was proposed for the best location for the Columbus Club, it was directly out the picture window of the church. Mr. Bettes stated this appeared to be a harmful proposal for the neighborhood. Mr. Bluemke stated the monopole may take up more of the Columbus Club parking lot than they had planned since the landscaping may take up a couple more parking spaces. Mrs. Bloechl asked if the tower had foot stirrups on it, and noted being located near North High School would present a challenge to the students there. Mr. Bluemke stated the monopole would be required to be fence in, and their proposal calls for a cedar fence with landscaping around the outside. Mr. Pressley stated he couldn't see any benefits for the area, only benefits for cellcom. He stated it is simply a financial issue for cellcom to have one 80' monopole instead of 2 or 3 shorter poles to fit in with the surrounding neighborhood. Mr. Bettes stated in order to issue a Conditional Use Permit the condition of not having a negative impact on the neighborhood has to be met, and it doesn’t appear this would qualify. Mr. Smith stated technology continues to make improvements in communication and questioned whether the best job had been done to find a site with the least negative impact on the area. Motion by Bloechl to deny the Conditional Use Permit for an 80' telecommunications town and associated antenna. Seconded by Bettes. Motion carried to deny the CUP, 5-2. Plan Commission Minutes Page 7 July 18, 2000 V: CONDITIONAL USE PERMIT: PARKING LOT EXPANSION 1313 ELMWOOD AVENUE HGM Architecture, petitioner, for the Paine Art Center and Arboretum, Owner, requests the Plan Commission review and approve a Conditional Use Permit (CUP) for the expansion of a parking lot at 1313 Elmwood Avenue. Mr. Bluemke introduced the item using the map as displayed to show the area where the 5' high solid fence or evergreen shrub border would be required as mentioned in condition #2. Chairman Pro Temp Smith asked if parking was still being considered for the southwest corner of Elmwood and Congress. Mr. Bluemke stated there would be no parking considered for that corner. Bonnie Woerpel, 1413 Congress Avenue, stated she was also speaking as a representative for Susan Reyes, 1285 Elmwood Avenue, who was not able to attend the meeting. She referred to the letter dated July 14, 2000, (on file in the Department of Community Development) addressed to the Department of Community Development from Ms. Reyes, and proceeded to read its contents. The letter basically stated she was opposed to the Conditional Use Permit for the expansion of the parking lot at 1313 Elmwood Avenue, as it was not used to capacity during a recent well attended event, whereby she felt there is ample parking space presently available at that site, and didn't want to see the removal of green space and 5 trees on the site. She stated Susan Reyes had also asked her to mention the fact that house foundations still remain under the green space from two small houses that were previous located on the site. Dennis Woerpel, 1413 Congress Avenue, asked why a 5' high solid fence or landscaping was not required adjacent to his property. Mr. Bluemke stated it was only required to screen the parking lot. Mr. Woerpel also questioned what was going to be done to remove the existing foundation under the proposed walkway, and how many parking spaces had they hoped to gain with expanding the existing parking lot. Ron Hansche, 805 N. Main Street, stated room for about 20 cars would be added to the parking lot. He pointed out an area where the fencing would have to be worked out between the property owner and the Paine Art Center because a garden had been planted which encroached onto the Paine Art Center and Arboretum's property. Ron Hansche next addressed Susan Reyes letter regarding the recent event at the Paine where the parking lot was not used to capacity because it was reserved for employees and Art Fair tenants and not open to the public. He stated when he was at the Paine Art Center earlier in the day; he couldn't find a parking space on Congress Avenue. He stated parking was critical for both the Paine Art Center and the Public Museum. He also addressed the fencing issue brought up by Mr. Woerpel, stating they will put up fencing where needed. Discussion followed regarding the screening of the parking lot and the type of fencing to be used. Mr. Bettes noted how the Paine Art Center hadn't complied with the last permit issued. Mr. Bluemke stated a notice had been sent to the Paine Art Center to comply with the conditions of the last Conditional Use Permit issued. Plan Commission Minutes Page 8 July 18, 2000 Barbara Hershfield, Director of the Paine Art Center and Arboretum, 1822 Menominee Drive, used the map as displayed to point out the neighbor who encroached the Paine Art Center's property, stating they would work together to provide screening for the parking lot. She stated additional parking is needed since parking is not available on both sides of Congress Avenue. She also noted the parking lot was not open to the public during the latest event because it had not been maintained, but noted that CR Meyer had recently been directed to remove all dumping from the site. Dennis Woerpel asked about the excavation needed for the walkway. Ms. Hershfield stated they would install an appropriate walkway to avoid damage to adjacent property. Mr. Woerpel also mentioned some discrepancy with property lines. Mr. Bluemke stated they needed to look up the surveys done on the lots to settle the dispute. Dan Davis, 1236 Algoma Boulevard, questioned if all other avenues had been research before considering the expansion of the existing parking lot. Ms. Hershfield stated they have considered all resources and the previous proposal for a new parking lot had been denied. Mr. Krueger asked if the parking lot would be open to the public for special events held in the future by The Paine Art Center and Arboretum. Ms. Hershfield stated it may be reserved for vendors, but will be open for the general public as well. Mr. Davis also stated he would encourage a solid fence instead of landscaping. Ms. Herschfield stated they also prefer a solid fence and will take care not to destroy adjacent property owners landscaping. Mrs. Bloechl asked if the fence that would extend to Congress Avenue would be 5' or 6' high. Mr. Bluemke stated the ordinance requires the fence to be a minimum of 5' high. Mrs. Bloechl also questioned if the Commission could legally require no work to begin on the new project until the conditions of the previous Conditional Use Permit were met. Chairman Pro Temp Smith stated they could make that condition, however work to be done with this CUP would correct past work that hasn't been done. Discussion followed regarding the Paine's intentions and how the work was being done in an integrated way and how the Conditional Use Permit could be pulled if they didn't comply. Mr. Bettes stated the Paine Art Center has been working hard to come up with a plan to screen the adjacent properties that would be agreeable with all the neighbors. Motion by Bettes for an additional condition to encircle the residential property with a minimum of a 5' high wooden fence on all property adjacent to the Paine Art Center, with discussion taking place between the Paine Art Center, Susan Reyes, and the Department of Community Development regarding the encroachment of her gardens on the Paine Art Center and Arboretum property. Seconded by Bloechl. Motion carried 7-0. A unanimous vote was taken to omit the second sentence of condition #2 as it had been covered in the additional condition made by Mr. Bettes. Motion by Blassingame for approval of a Conditional Use Permit for the expansion of a parking lot at 1313 Elmwood Avenue to be in compliance with the standards of Section 30- 11, with the following conditions: Plan Commission Minutes Page 9 July 18, 2000 1)The corner lots be combined with the existing parcel to create one property. 2)A landscaping plan for the entire property be submitted to and approved by the Department of Community Development prior to the permit for the parking lot being issued. 3)The parking lot shall not be used for the outside storage of materials are to be located in the maintenance building or the fenced areas around the maintenance building. 4) Screen all residential property with a minimum of a 5' high wooden fence that is adjacent to the Paine Art Center, with discussion taking place between the Paine Art Center, Susan Reyes, and the Department of Community Development regarding the encroachment of her gardens on the Paine Art Center and Arboretum property to properly screen the parking lot. Seconded by Bloechl. Motion carried 6-1. Nay: Blassingame. Mr. Bettes wanted to go on record to state that all parties involved were nice people who should be able to work out this project so it wouldn't need to come before the Plan Commission again. There being no further business, the meeting adjourned. Respectfully submitted, JOHN C. BLUEMKE Principal Planner JCB/vlr