City of Rhinelander

CITY OF RHINELANDER PLANNING COMMISSION MINUTES TUESDAY, OCTOBER 23, 2012

MEMBERS PRESENT: Mayor Dick Johns, Mark Pelletier, Russ Brown, Sandra Bergman, George Kirby, Laurie Goscha and Jim Leschke.

MEMBERS ABSENT: None

OTHERS PRESENT: Fire Chief Terry Williams, Administrator Blaine Oborn, Patrick Marquart, Mary Hageny, Tom Hageny, Bill Freudenberg, Paul Hagen, Jan Hagen, Terry & Lorrain Sackett, Keith Mayo, Ginger Terzinski, Todd Terzinski, Phil Parkinson, Bonita Hale, Ben Kuckkan, Jim Sanger, Billie DeBay, Ted Fisher, Randy Knuth, Tony Gilman, Gary Schneider, Deb Berns, ,Mark Robinson, Jeannette Robinson, Patti VanDenEler and Kyle Rogers.

CALL MEETING TO ORDER: The meeting was called to order by Chairman Dick Johns at 4:00 P.M., noting there was a quorum present to conduct business, the media had been properly notified and the agenda duly posted.

APPROVAL OF MEETING MINUTES OF AUGUST 21, 2012. MOTION BY GOSCHA/LESCHKE TO APPROVE MEETING MINUTES OF AUGUST 21, 2012. 7 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

UNFINISHED BUSINESS: COMPREHENSIVE PLAN – Housing Chapter 3. TABLED UNTIL LATER DATE.

NEW BUSINESS: CERTIFIED SURVEY APPROVAL – Discuss/Approve CSM for Gerald Shidell property located at 333 West Prospect Street. Williams explained that Shidell originally was going to donate some land to WXPR for them to do an addition; the conditions of the donation were not met and would like the property lines to go back to the original property lines. MOTION BY BERGMAN/LESCHKE TO APPROVE CSM FOR GERALD SHIDELL FOR PROPERTY LOCATED AT 333 WEST PROSPECT AS SUBMITTED. 7 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

CERTIFIED SURVEY APPROVAL - Discuss/Approve CSM for Toyota property located at 1935 & 1955 N. Stevens Street. Williams explained that the CSM stamped by Robert E. Lee and Associates, Inc. is the correct CSM for approval. All the property is owned by Aus Enterprises and Rhinelander Auto Center, Inc.; the current building that was once an auto parts store. MOTION BY KIRBY/BROWN TO APPROVE CSM FOR 1935 & 1955 N. STEVENS STREET AS SUBMITTED. 7 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

CERTIFIED SURVEY APPROVAL – Discuss/Approve CSM for Gary Entz & Ocie Kilgus property located at 415 Highview Parkway. Williams explained that the owner is present for presentation. Entz explained that the area to be added to their lot is a large ravine and would like to clean it up and enhance their property. Discussion took place regarding setbacks. MOTION BY GOSCHA/PELLETIER TO APPROVE CSM AS SUBMITTED FOR GARY ENTZ & OLCIE KILGUS. 7 AYE, 0 NAY, MOTION TO APPROVE CARRIED.

CONDITIONAL USE PERMIT – Discuss/Approve Conditional Use Application for Michael Boyd, 1202 Lincoln Street, Rhinelander, WI. property owner of 91 N. Courtney Street (RH1611), is requesting a Conditional Use Permit for the purpose of locating a child daycare and/or preschool facility at the location, RH: 161-1, zoned B-2. Williams explained to the Committee where the property is located; Williams has meet with both the owner and the potential renter; there are State requirements they must meet. Ingress & egress were reviewed; parking issues; fenced in area; which are all noted on the petition. Bergman questioned the hours of operation and that they would like to be open from 6:00am until 9:00pm. Goscha questioned Saturdays; Bergman suggested 7 days per week. Joe Fierst, Wausau Paper, was present and was hoping to make sure that there were fenced in area and confirmed that most of the children would be three (3) years of age and younger. Pelletier questioned the minimum parking requirements; in which Williams stated that the biggest concern would be for pick up and drop off and the proposed employees will be utilizing the public parking lot across the street and felt they would have adequate parking. Goscha questioned and Williams confirmed that he is comfortable with the safety concerns for this location. Brown questioned full capacity and drop off concerns; Williams stated that he felt this would not be a major issue or concerns and if this does become a problem, the Planning Commission can bring it back to readdress this issue. Pugh, stated that the public parking lot would be used with the current crosswalk. Boyd stated that he has spoken to the mattress factory owners and could work something out with them if needed for additional space. MOTION BY BERGMAN/KIRBY TO APPROVE CONDITIONAL USE PERMIT FOR MICHAEL BOYD TO ALLOW A CHILD DAYCARE AND/OR PRESCHOOL FACILITY AT 91 N. COURNTY STREET (RH161-1); TO BE OPEN 7 DAYS A WEEK, OPEN 6:00 AM TO 9:00 PM. 7 AYE, 0 NAY, MOTION CARRIED APPROVED.

CERTIFIED SURVEY APPROVAL – Discuss/Approve lot division for Wisconsin Public Service property located off of Davenport Street and Sutliff Avenue. Oborn stated that he submitted a memo for review. August 21, 2012 the Planning Commission approved the lot division; due to some circumstances he recommended to Council to not approve the lot division. When looking through the TIF 8 plan, it showed one property and walking trails through it; felt that if we worked out details with Wisconsin Public Service that an agreement could be made to work issues out and have an ALTA survey to show all setbacks and access issues that this could be resolved at that time. Goscha confirmed that if this was put back to the original 3 parcels, that a building would sit across the property line. VandenElzon stated that at the August meeting the property be put back to the original three parcels that existed for 60 years and was inadvertently was put into one parcel without their knowledge. Oborn stated that in discussion it was viewed as one parcel and was placed that way and became a tax break for you. He stated that it has been used by the same owner as one parcel. VanDenElzon stated that when the new facility was constructed that they would be able to sell the three parcels and came to the City for discussion; this was an unfair taking of this becoming one parcel without any paperwork or request for this combination. The letter was sent to the City Attorney to be restored when this was noticed by Wisconsin Public Service; there have been several letters and messages left without a contact by the City. They have tried to work with the City for over a month with no support; would like to work with the City instead of going through the legal aspect; they built a facility here as a good neighbor and could of gone to another location; they are floored that this has been denied and that now they have to go through an ALTA survey. In 2009 a letter was sent by Bill Bell requesting that WPS donate this property and is questioning what the agenda of the City of Rhinelander is; they never asked for the combination of the parcels and are appalled that this is being denied. Pelletier stated that the City does not have an agenda; they have always looked at this property as one piece of property, as that WPS has not followed ordinances when the buildings were built and feels that they should not come back with that. VanDenElzon stated that when the approval was made; they knew that they needed to get the lines cleaned up and are trying to follow the rules and are working to remedy that. VanDenEzon questioned what would need to be done properly to remedy; which they wanting to rectify. WPS questioned why this was done in the first place. Goscha stated that the reason this is being denied, is because it was assumed that no buildings were crossing the lot lines. Discussion took place regarding the current access points and locations. VanDenElzon stated that it was noted that there was an infraction; Brown & Goscha stated that they do not remember this being an issue. Oborn stated that it is noted that WPS would clean the infractions up. Brown questioned and Oborn confirmed that an ALTA survey should be done to resolve sanitary and water line issues that may exist. Bergman asked Oborn to confirm the requirements of the ALTA survey to include structures, utilities, ingress/egress, setbacks, confirming if zoning issues exists. Brown stated that all those issues can be done in a complete certified survey. Brown questioned when it was placed into 1 lot; VanDenhovel stated it was sometime after the Board of Review (2011) without their knowledge; at the time of the Board of Review it was discussed and agreed upon a single assessment. VanDenElzon asked what is the process to have this happen, as they did not request this. Bergman stated that there are too many witnesses that are not present at this meeting to continue; confirmed that they agreed to an assessment, not for it to be placed into one parcel. Oborn stated that they should submit a correct CSM for approval with all the items noted above and all issues should be resolved. Brown stated that property cannot be combined without the owner’s consent. Zoerb confirmed that there are 3 parcels; the encroachment is over a property line that affects 2 parcels. MOTION BERGMAN/GOSCHA TO REVOKE PREVIOUS ACTION FOR APPROVAL FOR CSM APPROVAL BY THE PLANNING COMMISSION ON AUGUST 21, 2012. THE REPRESENTATIVES OF WPS UNDERSTAND THE MOTION AND ARE IN FAVOR OF THE MOTION. 7 AYE, 0 NAY, MOTION CARRIED.

MOTION BY BERGMAN/BROWN CITY OF RHINELANDER REQUEST THAT ALL THE PRINCIPLES INVOLVED WITH THE REVOKE OF ACTION TO COME FORTH WITH A COMPLETED CERTIFIED SURVEY AS SOON AS POSSIBLE. 7 AYE, 0 NAY, MOTION TO APPROVE CARRIED. MOTION

SITE PLAN APPROVAL - Discuss/Approve site plan approval for Toyota dealership – North Stevens Street. Williams stated that he spoke with the realtor for the dealership and respectfully request that this item be tabled until further information is obtained; they were confident that over the next month to discuss issues. MOTION BY BERGMAN/LESCHKE TO TABLE SITE PLAN APPROVAL FOR TOYOTA DEALERSHIP. 7 AYE, 0 NAY, MOTION TO TABLE APPROVED.

MATTERS OF EMERGENCY/INFORMATIONAL NATURE:  Williams stated that he would like to develop a checklist to make sure that all items and issues have been discussed and previously worked out; this way it would resolve or have issues addressed.  Brown questioned the McLaughlin property; Williams stated that the building was set as a spec building with the setbacks for business; he tried to change the zoning for residential, which could not be done with the setbacks of the building. He made that into a watchman’s quarters and run his business from the address. Williams fought against this and has started a precedence. There is nothing in the ordinance that states that you must have office hours, etc. It was suggested that Watchman’s Quarters be redefined at a future meeting.

FUTURE AGENDA REQUESTS AND MEETING DATE:  Tuesday, December 4, 2012 4:00 PM City Hall  Tuesday, January 22, 2012 4:00 PM City Hall  Comprehensive Plan – Housing Chapter 3  Ordinance Change – definition of Watchman’s Quarters.

ADJOURNMENT: MOTION BY GOSCHA/LESCHKE TO ADJOURN PLANNING COMMISSION MEETING FOR TUESDAY, OCTOBER 23, 2012 AT 5:30 PM, 7 AYE, 0 NAY; MOTION TO ADJOURN CARRIED.

APPROVED BY: ______RECEIVED BY: ______