Minutes: Planning Commission: April 2006

Plan Commission
Regular Meeting
Tuesday, April 3, 2006, 6:00 P.M.
City Hall, 31 S. Madison Street, Evansville, WI

MINUTES

The meeting was called to order by acting Chairperson Hammann at 6:00 PM. Present were: Ald. Aikman, Ald. Hammann, Cheryl Dickert, Gil Skinner, Dave Sauer, and Jeff Vrstal. Absented was Mayor Ringhand. Staff present: Tim Schwecke, City Planner; Bill Connors, City Administrator; and Jim Beilke, Clerk/Treasurer. Ald. Cothard, Juergens, and Sornson were present in the audience.

Approval of Agenda.
Agenda items 7(E), Subway Restaurant awning sign, and 7(D), Tax Incremental District No. 6, were moved after agenda item 5, Citizen Appearances. The amended agenda was approved.

Approval of Minutes.
Motion by Hammann, seconded by Skinner, to waive the reading of the March 6, 2006 Minutes and approve them as printed. Motion carried.

Citizen Appearances Other Than Those Agenda Items Listed. None.

New Business.
Mary Leeder from Subway led the discussion regarding the desire of Subway Restaurant at the northeast corner of Union St. and E. Main St. to install an awning sign that does not comply with the sign regulations in the Municipal Code. Code only allows a sign on the slant of an awning and not on the flat part, which limits the amount of available area for signs. Subway Restaurant wants the sign on the flat part. The Commission instructed staff to draft an ordinance allowing signs on the flat of an awning. Ald. Hammann and Cothard would be sponsors.

Greg Johnson from Ehlers and Associates Inc. led the discussion regarding the creation of the Tax Incremental District No. 6. The type of district proposed for creation is a Mixed Use District. Based upon the land area designated for inclusion in the district, greater than 50% of the land area would be suitable for industrial and commercial use. The area proposed to be included in the district encompasses approximately 92.2 acres. A portion of the proposed District is currently part of an annexation process that must be completed prior to the creation of the District. State of Wisconsin Law requires any municipality desiring to create a new district have no more than 12% of the municipalities equalized value contained in a tax increment district. Currently, the City has a single tax increment district in operation, with an increment value of $622,300. Based upon City’s current equalized value, the current increment value, plus the estimated base of the proposed district represent roughly 0.60% of the statutory maximum (12%) that could be included in a tax increment district. The proposed district would incorporate the area north of USH 14, which is already developing, to generate a modest increment. Based on Ehlers’ cash flow projection, the proposed district would close out in 2018.

Motion by Aikman, seconded by Hammann, to set a public hearing regarding the creation of Tax Incremental District No. 6 for 6:00 PM on Monday, May 1, 2006. Motion passed.

Unfinished Business.
Roger Berg led the discussion regarding the update on filing of final plat for Grand Orchard Estates subdivision. The developers conducted a Phase I environmental assessment to determine if the property contains any contaminated soils. The assessment revealed the need to conduct a more thorough Phase II environmental assessment. This site investigation “uncovered” a buried petroleum tank that was previously undetected by the developer and the property owner who lived on the property for a number of years. Testing showed it was sound and did not contaminate surrounding soils or groundwater. It has been removed consistent with state requirements. In addition, the investigation found arsenic levels in the northern part of the subdivision that exceed the threshold established by the state of Wisconsin. Arsenic occurs naturally in some soils but these elevated levels resulted from its use as a apple orchard. Arsenic is a persistent element and is restricted to the upper soil layers. It does not pose a threat to groundwater. Mr. Berg reported they applied for a grant to help mitigate the arsenic-contaminated soil. If they receive it, they will use the money to clean up more lots.

Joel Zirkle from Fehr-Graham and Associates (FGA) reported the developer and his firm worked with the Wisconsin Department of Natural Resources (WDNR) and the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) to develop strategies to allow the development of the property for residential purposes while protecting the public health, safety, and welfare. Their plan to mitigate the arsenic-contaminated soils is that all soil excavated from each property (basements, utility trenches) will remain on the property from which it was excavated. Then, after construction is completed and prior to occupancy, the potentially impacted soil will be graded across the individual property and a sod cover will be applied. All property owners will be notified of residual arsenic impacts prior to purchase of individual lots. Affected soil from the roadway areas will moved to “Outlot 3” and will be bermed and undeveloped. Outlot 3 will receive its own deed restriction and is placed on the WDNR GIS Soil Registry.

Motion by Hammann, seconded by Sauer, to recommend to Council the adoption of a motion accepting the proposed mitigation of environmental concerns for Grand Orchard Estates subdivision.

The Commission discussed the issue of dust and erosion control during construction and the issue of landlords having to notify the tenants about the residual arsenic in the soil.

Motion by Hammann, seconded by Skinner, to include that the developer is required to follow the DATCP recommendations, and the building inspector and city engineer should check to make sure controls are being followed. Motion passed.

The original motion, as amended, passed.

Motion by Aikman, seconded by Sauer, to remove from the table a motion to recommend to Council adoption of Ordinance #2005-37, as amended by Plan Commission. Motion passed.

Mr. Connors led the discussion regarding amending the Municipal Code relative to requiring sidewalks and modifying requirements for vehicular access in the B-1, B-2, B-3, B-4 and O-1 zoning districts. He reported this ordinance was tabled a couple of times, amended, and tabled again. The genesis of this ordinance was to make commercial traffic use collector streets, but many businesses are on local streets. This ordinance tries to prevent commercial traffic from using local streets in residential areas. Incorporated in the ordinance are sidewalk requirements. Mr. Connors drafted Amendment 2-1 as instructed by the Commission. The Commission discussed how combining the two issues has caused difficulties for them. The consensus was to eliminate all sections pertaining to the streets and pass only section 1 pertaining to the sidewalks.

Motion by Aikman, seconded by Hammann, to delete sections 2,3,4,5, and 6 and delete the following words from the title, “and modifying requirements for vehicular access.” Motion passed.

Mr. Connors noted other needed changes in the motion.

Motion by Hammann, seconded by Aikman, to change the following lines on page 2: (1) on line 22, replace the word final with preliminary; (2) on line 23, replace the date November 30, 2005 with March 31, 2006; (3) on line 29, replace the word final with preliminary; and (4) on line 30, replace the date November 30, 2005 with April 1, 2006. Motion passed.

The original motion, as amended, passed.

Mr. Connors led a discussion on the update of sidewalks on the south side of Brown School Road. He wrote a letter asking the Bank of Monticello to construct sidewalks along the south side of Brown School Road during the 2006 building season. The Bank for a variety of reasons thought now was not the time to put in sidewalks.

Mr. Schwecke gave an update on text amendments to the City’s floodplain regulations so as to be consistent with state and federal requirements. He submitted a draft ordinance to the Department of Natural Resources (DNR) because ultimately they would have to approve it. With the DNR’s input, the draft ordinance would then go to a public hearing.

Mr. Schwecke gave an update on 2005 Assembly Bill 299 that would repeal a state requirement that county shoreland zoning applies to lands annexed in a city or village. Both houses have approved this bill, waiting for the governor’s approval. Currently, when property is annexed, the county shoreline zoning goes with the property. The new bill would strip that provision away. Thus, the city has the option of adopting their own regulations.

New Business.
Attorney Robert Fleischacker, representing D & D Development, presented the annexation petition (Application #2006-3). This annexation is being requested to facilitate commercial and industrial development at the southeast corner of USH 14 and CTH M.

Acting Chairperson Hammann opened the public hearing at 8:01 PM. No one appeared. Mr. Hammann closed the public hearing at 8:02 PM.

Mr. Schwecke reported the City received a questionnaire from the state Department of Administration and recommended the motion incorporates the approval from the state Department of Administration. The Commission favors the petition for annexation, conditioned on the city’s receipt of a letter from the state Department of Administration approving the annexation prior to the Common Council vote.

Motion by Hammann, seconded by Aikman, to recommend to Council the adoption of Ordinance #2006-3 as drafted, subject to the conditions contained in the staff report and subject to approval from the state Department of Administration. Motion passed.

Mr. Schwecke led the discussion on the zoning code text amendment relative to replacement of damaged nonconforming structures so as to comply with 2005 Wisconsin Act 112. The Legislature enacted 2005 Wisconsin Act 112, which prohibits a city from limiting the repair or reconstruction of damaged nonconforming structures. Ordinance #2006-6 would amend the Municipal Code to be consistent with 2005 Wisconsin Act 112.

Acting Chairperson Hammann opened the public hearing on 8:07 PM. Sandy Decker, 143 W. Main St., raised the issue of a public nuisance if a damaged building is left un-repaired or cleaned-up. The Commission has the authority to raze property considered a public nuisance. Mr. Hammann closed the public hearing at 8:09 PM.

Motion Aikman, seconded by Hammann, to recommend to Council the adoption of Ordinance #2006-6 as drafted. Motion passed.

Motion by Aikman, seconded by Hammann, Motion to recommend to Council the approval of the Extraterritorial land division for five lots off of Travis Trace for R Four Inc (Application 2006-11). Motion passed.

Mr. Connors distributed a revised draft 4/3/06 of the Amended Final Land Divider’s Agreement – Westfield Meadows at this meeting and reviewed the changes with the Commission. Mr. Sauer expressed concerns regarding the minimum elevation that will be permitted for openings in the foundation and asked the motion be subject to receiving information for the state Department of Natural Resources (DNR) confirming that the 100-year-flood elevation is approximately 903.00. The developers requested that the provision requiring them to pay the city an amount for future maintenance of the storm water detention pond on Outlot 4 be removed from the agreement, because the DNR has required the pond to be seeded with plants that must not be mowed. Furthermore, the developers requested that the city issue building permits before the storm water detention pond north of Porter Road is complete.

Motion by Sauer, seconded by Hammann, to recommend to Council the approval of the amended land divider’s agreement for Westfield Meadows subdivision with the following changes: (1) no building permits will be issued until the storm water detention basin facility south of Porter Road is complete; (2) no occupancy permits will be issued until the storm water detention basin facility north of Porter Road is complete; and (3) approval contingent on the state Department of Natural Resources (DNR) confirming that the 100-year-flood elevation is approximately 903.00. Motion passed.

Preliminary Development Presentations. None

Report of the Evansville Redevelopment Authority. None

Report of the Evansville Historic Preservation Commission. None

Report of the Evansville Large-Scale Commercial Development Study Committee.
Mr. Schwecke reported the Committee will present a draft ordinance regarding Large-Scale Commercial Development to Chamber of Commerce on April 20 at Ramono’s Pizzeria.

City Planner’s Report.
Mr. Schwecke distributed his report to the Committee. He asked for additional guidance on an ordinance that would either ban outdoor wood furnaces in the city or regulate where they may occur and are operated.

Adjournment
Motion by Hammann, seconded Aikman, to adjourn, carried. The meeting adjourned at 8:50 PM.

Prepared by:
James A. Beilke
City Clerk/Treasurer

The Minutes are not official until approved by Plan Commission at the next regular meeting.