CITY OF RHINELANDER
PLANNING COMMISSION MINUTES
TUESDAY, APRIL 17, 2012
MEMBERS PRESENT: Mayor Dick Johns, Joe Sturzl, Mark Pelletier, Russ Brown and Sandra Bergman.
MEMBERS ABSENT: Bill Freudenberg and Jim Leschke.
OTHERS PRESENT: Fire Chief Terry Williams, Administrator Blaine Oborn, XXX
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.
MINUTES FOR MARCH 21, 2012. MOTION BY BERGMAN/STURZL TO APPROVE MEETING MINUTES FROM MARCH 21, 2012. 5 AYE, 0 NAY, 2 ABSENT (LESCHKE/FREUDENBERG), MOTION TO APPROVE CARRIED.
NEW BUSINESS:
MAP AMENDMENT, ANNEXATION – Discuss/Approve Petition for Direct Annexation by First Phoenix - Rhinelander, LLC., 601 Carlson Pkwy, Ste. 1050. Minnetonka, MN. 55305, agent for owners of property, Warren Johnson, Etal., N1114 W. Elcho Rd, Elcho, WI. 54428, located on the North East side of South Eisenhower Parkway; PE46-7 and PE46-13. The proposed zoning is R-4, Mixed Residential. Town of Pelican is not opposing the annexation; Howard explained that what is planned for the City of Rhinelander is an assisted, independent and memory care facilities; Howard provided a site plan of the area that is planned and explained the “lifestyle” they create in their facilities. They currently have locations in Marshfield WI.; currently they are constructing a facility in Weston, WI. They provide activities for the tenants that include a movie theatre, beauty/barber shop, taverns, shops, etc., and community programs. This is a complete, state of the art, facility and Howard explained all planned items. Pelletier questioned and Howard confirmed that this will be done all at one time, not in stages. Bergman stated that she felt that this was a good fit for the property and for annexing the property into the City of Rhinelander. Oestreich questioned sidewalks for the area; Howard stated they have no problem adding sidewalks to the project; this issue will be addressed at the site plan approval at a later date. MOTION BY BERGMAN/PELLETIER TO APPROVE ANNEXATON WITH ZONING TO BE R-4; THIS IS IN THE BEST INTEREST OF THE CITY; THE ISSUE OF TAXES PAYED TO THE TOWN OF PELICAN WILL BE NEGOTIATED BETWEEN CITY AND PROPERTY OWNER. 5 AYE, 2 ABSENT (LESCHKE/FREUDENBERG) MOTION TO APPROVE CARRED.
UNFINISHED BUSINESS:
COMPREHENSIVE PLAN – Housing Chapter 3, TABLED UNTIL NEXT MEETING DATE.
STORM WATER RUN-OFF – Review/Discuss storm water run-off at 2221 N. Stevens Street. Williams stated that he asked to have this issue be placed on the agenda as Menards is adding a lumber yard to the property and there were concerns from past water run- off issues that existed and that were resolved via the state requirements; after the last meeting date, Williams received pictures from 2010 and contacted Menards and the concerns that existed currently and with the additional potential problems. Mayor stated that all are aware and the Paul Mahler (Menards) and Sean Bahan (engineer) were present to discuss the issues. Mahler explained the history and how the issue would be remedied; the pond has been oversized twice since the original placement to accommodate the run-off issues; the pond is currently meets and beats the state requirements for the issue. A private lawsuit is currently on going and has currently settled, a copy of the dismissal was presented to the committee and those attending; this allows Menards to flow water for current and future development. Marquardt stated that there is easement to the lake that runs through her driveway; Mahler stated that there has been an investigation of the property; Marquardt stated that Menards did fix her washed out driveway when she notified them that included a new culvert install. Mahler explained via a map to neighbors regarding the flow of the water in property; Marquardt questioned the water traveling through her property, driveway area. Discussion took place between Mahler, Bahan and neighbors attending regarding easement issues, water flow for run-off and potential issues. Mahler stated that the small culvert that Marquardt was concerned with will be replaced with a larger culvert. Mahler stated that the water showing on the photos is clear water and that the ponds are working properly. Mayor questioned the amount of water coming out of the pipe is heavy and Mahler stated that the smaller pipe will control the amount of water through the system. Williams questioned the rain event in 2010 was the 100 year storm quality. Marquardt stated they understand the pond part, she is concerned with the path to the lake; the speed of the runoff is washing out the area properties. Bahan explained that the last washout for Marquardt was due to the size of the culvert, which has been repaired, enlarged and should now be working properly. Bergman questioned Mahler the disclosure of the settlement with Seabloom trust, not needing to disclose financials, just arrangements for the boundaries of the easements; Mahler stated that the existing pipe running under the road would be repaired or replaced. Mayor questioned if this continues is there a plan in place; Mahler stated that there should not be a reason to have something done; if there is washed out culverts, etc., would be taken care of by Menards. Mahler stated that he was out to the site today and looks properly grown over and functioning correctly. Oestreich questioned if it did happen again; Mahler stated that it is the responsibility of Menards to maintain. Bergman confirmed with neighbors that it would help to know the settlement agreements. Bennett stated that maybe the water is clear that flow s out, but the sediment that the water picks up from point A to the lake; would like to see the issue addressed as to what it washes out along the way. Mahler stated that there is a DNR approved system that is maintaining the lake. Mayor stated the Menards is ready to start April 2, 2012; want property owners to come to some sort of an agreement; Williams stated that with the submitted permit application, there was an NOI that was signed off on, the culvert/railroad grade repairs that were discussed here are not included in this NOI; he feels that he is satisfied and willing to issue the permit, knowing that they are willing to repair the issues that were discussed. Bahan stated that Menards is the only one that controls the storm water runoff in a 50 acre area. Blaine confirmed that they will be fixing the culvert under the old railroad bed and the items there were noted in the settlement with the Seabloom trust, as well as the DNR requirements. Pelletier stated that the pipes need to be maintained and kept clean and in good repair; Williams stated that the planning commission does not have to make any motions in regards to this issue. It should be noted as to what the neighbors understand Menards plans and future compliance plans and the direction of the Inspection Department for permit issuance. Menards will be there for the neighbors if there is a problem, as they have always worked to resolve the issues. Bennett’s have water in there basement now, in past years there has been no water in years ago. Bergman asked Menards for a statement to be included with minutes for compliance of issues. Mahler stated that there are 96 acres and that how can it be proved that it is only Menards that is causing the problem. Menards agreed to maintain storm water runoff. Dewitt questioned and Bahan stated that the additional lumber yard is about 1.5 acre +/- area in addition to what exists. Williams stated that Menards is downsizing slightly the original approved site plan. Bennett stated that he is not happy; felt Menards was very professional; Neighbors would be better served to delay in the permit issuance until changes are made; Pelletier stated that there have been changes and upgrades to this issue over the years. Bennett stated that it is the area that is downstream that he is concerned and unhappy about it. Mahler stated that there have been numerous attempts to resolve the issue over the years and it was just settled in the Seabloom lawsuit. Mahler stated that it has been a very long lawsuit and would like to move forward. Bergman stated that it has been thoroughly discussed and copies of the settlement issued by Menards for those that want it and that items that were discussed will be taken care of per Mr. Mahler and feels that a permit should be issued. Williams stated that in good faith, Menards came here to discuss the issues and asked if the permit was issued could the culvert repair be one of the first things done; Mahler stated that they are going to be very careful in regards to storm water runoff and will work to get it taken care of as soon as possible and continue to gain the trust of the neighbors. Bergman and committee all agreed to go forward with the issuance of the permit for expansion with trust all issues will be taken care of properly. Bennett thanked everyone for the chance to be heard.
MATTERS OF EMERGENCY/INFORMATIONAL NATURE: Oborn explained to the committee members the Oneida County Comprehensive Plan – this will be placed on the plan agenda in April or May to resolve any issues that may be between the City and County’s comprehensive plans.
FUTURE AGENDA REQUESTS AND MEETING DATE:
· Tuesday, April 17, 2012 4:00PM City Hall
· Comprehensive Plan – Housing Chapter 3
· Oneida County Comprehensive plan
ADJOURNMENT: MOTION BY PELLETIER/STURZL TO ADJOURN PLANNING COMMISSION MEETING FOR WEDNESDAY, MARCH 21, 2012 AT 5:30 PM, 5 AYE, 2 ABSENT (LESCHKE/FREUDENBERG), MOTION TO ADJOURN CARRIED.
APPROVED BY: ______RECEIVED BY: ______