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PLAN COMMISSION AGENDA

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PLAN COMMISSION AGENDA ...

    City of Portage

    Plan Commission Meeting

    Monday, October 20, 2008 6:00 P.M.

    City Municipal Building, 115 West Pleasant Street

    Conference Room Two

Members Present: Mayor Kenneth Jahn, Chairperson; Robert Redelings, City

    Engineer, Addie Tamboli, Dan Daley, Kirk Konkel, Dennis Nachreiner, Peter

    Tofson (arrived at 6:10 p.m.)

Others Present: Larry Plaster, City Administrator; Dave Gunderson, Joshua

    Baker, Marie Moe, City Clerk; Michael Meson, Cindy Meson, Jeremy Lemere,

    Michael Maas, Jim Grothman, Barb Salna, Ken Manthey, Police Chief; Tim

    Schmidt, Susie Yenchesky, Craig Sauer, Bill Welsh

1. Roll call

    2. Public Hearing 6:00 p.m. considering the granting of a Conditional

    Use Permit to Bret Esse of Esse’s Sports World at 119 West Cook

    Street to sell scooters, mopeds and ATV’s in a B-2 Downtown

    Commercial District

     Redelings read the Notice of Public Hearing which had been published on

    September 9 and October 6, 2008.

     Mayor Jahn requested for the first time if there was anyone present who

    wished to speak for or against the issuance of the conditional use permit

    (CUP).

     Tim Schmidt, owner of Schmidt Insurance at 121 W. Cook St. spoke in

    favor of the CUP.

     Mayor Jahn requested for the second time if there was anyone present

    who wished to speak for or against the issuance of the conditional use

    permit.

     Mayor Jahn requested for the third time if there was anyone present who

    wished to speak for or against the issuance of the conditional use permit.

     Hearing no more testimony, the Mayor declared the Public Hearing closed

    at 6:03 P.M.

    3. Public Hearing 6:05 p.m. considering the granting of a Conditional

    Use Permit to Joshua M. Baker at 711 Prospect Avenue to operate a

    Page 1 of 7

    law practice in a R-3 Single-Family and Two-Family Residential

    District

     Redelings read the Notice of Public Hearing which had been published on

    October 6 and October 13, 2008.

     Mayor Jahn requested for the first time if there was anyone present who

    wished to speak for or against the issuance of the conditional use permit

    (CUP).

     Joshua Baker, 711 Prospect Ave., indicated this would be a sole

    proprietor type business, there would be no employees and most of the

    business would be via correspondence.

     Mayor Jahn requested for the second time if there was anyone present

    who wished to speak for or against the issuance of the conditional use

    permit.

     Mayor Jahn requested for the third time if there was anyone present who

    wished to speak for or against the issuance of the conditional use permit.

     Hearing no more testimony, the Mayor declared the Public Hearing closed

    at 6:06 P.M.

4. Approval of minutes from previous meeting

     Motion by Nachreiner, second by Daley to approve the minutes of the

    September 15, 2008 meeting. Konkel indicated he had inquired as to the

    status of the Wieser Concrete Certified Survey. The change was noted

    and the motion passed 5 to 0 on call of roll with Tamboli abstaining.

     Peter Tofson joined the meeting at 6:10 P.M.

    5. Discussion and possible action on Conditional Use Permit for Brett

    Esse of Esse’s Sports World at 119 West Cook Street to sell

    scooters, mopeds and ATV’s in a B-2 Downtown Commercial District

     Redelings indicated that a phone message was left by Brett Esse

    indicating he had a doctor’s appointment and may not be present.

     Daley questioned whether the recreational vehicles would be displayed

    inside or outside.

     Nachreiner stated that in the past action on this type of request was tabled

    when the applicant wasn’t present to answer questions.

    Page 2 of 7

     Motion by Redelings, second by Nachreiner to postpone action until the

    next Plan Commission meeting. Motion carried unanimously on call of the

    roll.

    6. Discussion and possible action on Conditional Use Permit for

    Joshua M. Baker at 711 Prospect Avenue to operate a law practice in

    a R-3 Single-Family and Two-Family Residential District

     Tamboli inquired as to how long Mr. Baker intended to work out of the

    home before relocating to a properly zoned area. Mr. Baker indicated he

    intended to move to an office as soon as he could afford it.

     Motion by Tamboli, second by Tofson to approve the requested CUP for

    one year.

     Baker indicated he would like a sign. It was stated that a sign up to 6

    square feet would be permitted and would need to be placed one foot

    behind the sidewalk. Further discussion indicated the CUP was being

    issued to the applicant and not the property owner.

     Motion carried unanimously on call of the roll.

    7. Discussion and possible action on Certified Survey Map (CSM) from

    Habitat for Humanity

     Plaster indicated the CSM was required to split the parcel into two lots and

    that a variance had previously been granted regarding the lot widths.

     Motion by Redelings, second by Tamboli to approve the CSM.

     Nachreiner expressed a concern for setting a precedent. Plaster indicated

    that many of the lots throughout the city. Nachreiner expressed his

    concern for being consistent.

     Motion carried unanimously on call of the roll.

    8. Discussion and possible action on change of street name in Rolling

    Hills Country Estates Subdivision from Night Owl Lane to Eagle

    Ridge

     Redelings indicated that it appeared the City never took formal action to

    change the street name from Night Owl Lane to Eagle Ridge and as such,

    it has never been recorded as Eagle Ridge.

     Dave Gunderson indicated that when he purchased the street name sign,

    he was informed he could call it Eagle Ridge. Subsequently, three homes

    have been constructed and all have Eagle Ridge addresses.

    Page 3 of 7

     Motion by Nachreiner, second by Tamboli to approve the street name

    change of Night Owl Lane to Eagle Ridge.

     Motion carried unanimously on call of the roll.

    9. Discussion and possible action on Certified Survey Map from

    Gunderson Construction Company

     Nachreiner inquired as to the vacation of the utility easements along the

     common lot line of former lots 109 and 110.

     Gunderson indicated the vacation would be processed subsequent to the

     recordation of the CSM.

     Motion by Nachreiner, second by Tamboli to approve the CSM (with the

     corrected name change).

     Motion carried unanimously on call of the roll.

10. Discussion and possible action on Appleton Papers addition

     Mike Maas, Gunderson Construction, presented a preliminary plan for

    Appleton Papers proposed building expansion.

     Maas explained that the preliminary plans had previously been presented

    to city staff (Agenda attached) and that timing was critical for the project to

    proceed. All approvals need to be obtained by January 1, 2009 and

    construction needed to begin no later than March 1, 2009.

     The building would be fully sprinklered and a stormwater management

    plan was currently being developed. Parking would be provided in

    accordance with the ordinance to accommodate employees and visitors.

    Though an office is planned for, the timing would be dependent upon

    available funds. Two alternative exterior treatments are being considered

     the preferred one with concrete panels and the more economical one

    with steel siding.

     Several questions were asked of Maas and Jeremy Lamere regarding

    negligible impacts on public infrastructure, adequate parking, building

    setbacks, truck movements and the potential for future expansion. All

    questions were answered affirmatively.

     Motion by Jahn, second by Nachreiner to approve the preliminary site plan

    and if the final plan abides by all city ordinances, staff review would be

    adequate and it would not need to come back before the Plan

    Commission.

    Page 4 of 7

     Tamboli inquired as to whether the City Administrator and City Engineer

    were comfortable with this and they indicated they were.

     Konkel indicated he was not comfortable with the procedure and a

    discussion ensued. The need for checks and balances was mentioned

    along with time is of the essence.

     Motion carried 6 to 1 on call of roll with Konkel voting no.

     11. Discussion and possible action on Conditional Use Permit for

    Michael Meson, 1721 New Pinery Road

     Plaster indicated this matter was coming back to the Plan Commission

    because the CUP was issued over a year ago with the stipulation that The

    Porterhouse Motel would have all 35 units licensed by the State within one

    year. To date, no more units have been licensed beyond the five that were

    licensed a year ago.

     Barb Salna, Columbia County Nurse, presented her findings from her last

    scheduled inspection on September 23 and a surprise visit on October 17,

    2008. Though only required to inspect 10% of the units on behalf of the

    State, she inspected 2 of the 5 units and declared them both unfit for

    licensure as motel units. She was denied entry into a third unit due to the

    presence of a pit bull. Additionally, there were cats in the lobby, fecal

    matter in the lobby and a strong ammonia smell was also present. She

    stated this would never, ever be an acceptable condition. She inspects

    about 60 motels in Columbia County and this is the worst one. Conditions

    have gone down hill over the past year and nothing had been done with

    the two unacceptable rooms as of October 17.

     Chief Manthey presented a record of calls to the Porterhouse from

    September 1, 2007 to October 20, 2008 (attached). There were 130 calls

    and he indicated that the average of all the other motels in the City is one

    to two. Most of the calls result from the long term tenants.

     In response to the Mayor, Plaster indicated the Porterhouse property is

    zoned B-1 and a CUP is required to operate a motel. Also, long term

    occupancy isn’t permitted because it isn’t zoned residential.

     Cindy Meson spoke to several issues. She was under the impression that

    their CUP ran until December 1, 2008. Also, she and Michael have had

    some health problems and their housekeeper had let them down. She

    wasn’t trying to get away with any thing and if Larry Meitner, the State

    inspector, had performed an inspection, he would have found that another

    10 rooms would have qualified for licensure.

    Page 5 of 7

     The commissioners discussed the situation at length; considering the

    consequences of permitting and not permitting the motel to remain.

     Motion by Nachreiner, second by Tamboli to deny the CUP until all 35

    units pass State inspection and qualify for licensure.

     Nachreiner indicated that the State inspector would be expedited to

    Portage upon the City receiving notice that all units were ready for

    inspection.

     Motion failed 4 to 2 on call of roll with Jahn, Redelings, Konkel and Tofson

    voting no and Daley abstaining.

     Motion by Konkel, second by Tofson to extend the existing CUP until

    November 1, 2008, to grant a CUP to all units passing State inspection by

    November 1, 2008 and require vacation of tenants from all units not

    passing inspection by November 1, 2008.

     Motion passed 4 to 2 on call of roll with Nachreiner and Tamboli voting no

    and Daley abstaining.

12. Discussion and possible action on O’Reilly’s Auto Store

    Development

     Redelings presented construction plans for a new auto parts store to be

    located where Noah’s Marine is located on New Pinery Road. He

    explained that the plans have been reviewed by staff and the consultant

    building inspector. A wetland delineation had been performed and

    stormwater fee calculations provided. Suggestions were made to the

    parking and driveway access and all required modifications have been

    made to the City’s satisfaction and in accordance with the City’s code of

    ordinances. The exterior is designed with split face concrete block.

     Konkel expressed his disappointment of not having an opportunity to

    review the plans as provided for in Section 90.35 of the Zoning Code.

    Redelings apologized for the oversight, stating he had only recently

    become aware of the requirement.

     Motion by Tamboli, second by Tofson to approve the Plans for the

    O’Reilley Auto Store. Motion passed 6 to 0 on call of roll with Konkel

    abstaining.

13. Discussion on Certified Survey for Wieser Concrete

     Mayor Jahn presented a memorandum from City Attorney Voigt pertaining

    to the City’s extraterritorial review authority.

    Page 6 of 7

     Konkel took issue with the last sentence of the memo, contending that the

    CSM could not be administratively approved.

     Motion by Nachreiner, second by Tamboli to take the matter off the table.

    Motion carried unanimously on call of the roll.

     Motion by Nachreiner, second by Redelings to approve the revised CSM.

    Motion carried unanimously on call of the roll.

    14. Discussion and possible action on Section 90.35 of the Zoning Code

     Mayor Jahn suggested that there may be development requests

    sufficiently minor in nature that City staff review may be sufficient and may

    not warrant coming before the Plan Commission for approval. He

    suggested there may be some threshold that should be considered which

    would change the language of section 90.35 of the Zoning Code.

     Nachreiner and Tamboli expressed the merits of having a system of

    checks and balances.

     Mayor Jahn indicated that past Plan Commissions actually granted

    variances and approved items requiring variances.

     Konkel indicated the language should be left as is. He also indicated that

    in the past, a checklist was used in the review of plans submitted for

    developments and memoranda issued to the Plan Commission to aid in

    their approval.

     Redelings indicated that it had only been provided the checklist about 3

    weeks ago.

     Tamboli suggested the checklist be employed in the future.

    15. Adjournment

     Motion by Tamboli, second by Redelings to adjourn. Motion carried

     unanimously on call of the roll.

     The meeting concluded at 9:20 P.M.

     Respectfully submitted,

     Robert G. Redelings,

     Public Works Director

    Page 7 of 7

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