Plan Commission Meeting Minutes – May 23, 2019

A meeting of the City of Kaukauna Plan Commission was called to order at 3:00 p.m. on Thursday, May 23, 2019, by Chairman Penterman.

Members Present: Moore, Oldenburg, Penterman, Schoenike, Sundelius, Thiele. Via conference call: Coenen (at 3:30 p.m.), Feldt.

Also Present: Planning Director Jakel, Principal Planner Watson, City Attorney Davidson, Assistant Fire Chief Schneider, Project Engineer Neumeier, Planning/Engineering Tech Holmes, Applicants, Interested Citizens.

1. Minutes. A motion to approve the minutes of the April 25, 2019, meeting was made by Moore, seconded by Sundelius. All members voted aye. Motion carried.
2. Two Lot CSM at Division and Hyland for City of Kaukauna. Mr. Jakel explained that the CSM will reconfigure the former Fox Cities Motel lot which has been acquired by the City of Kaukauna. Current property zoning is RTF – Residential Two Family. Mr. Jakel explained that Lot 2 is larger to accommodate the corner lot configuration while Lot 2 is deeper. Both lots meet all requirements for duplex units with access available depending on building layout. The $250 per lot subdivision fee will be applicable per City ordinance. Mr. Schoenike asked about driveway access on to CTH OO. Mr. Jakel explained that existing driveways will be incorporated but the spans will be shortened. A motion to recommend to the Council approval of the CSM was made by Sundelius, seconded by Moore. All members voted aye. Motion carried.

1. Amendment to Deed Notice for 179 Main Avenue (former Van Hoof’s Service). Mr. Jakel explained that the former gas station site had a leaking underground storage tank. The property was environmentally mitigated when it was purchased by the City. The WDNR is requesting that the deed notice be amended to reflect the existing conditions of the property with the former building removed. Mr. Jakel explained that any additional improvements to the property would require WDNR approval. Mr. Moore asked if the City had taken care of any contamination on the property. Mr. Jakel explained that we had and that environmental consultant Robert E. Lee oversaw the project. Additional mitigation would be necessary only if there were changes to the current condition. A motion to recommend to the Council approval of the deed notice amendment was made by Feldt, seconded by Moore. All members voted aye. Motion carried.
   

1. Revised Drainage Plan and Utility Easement for Windsor Court. Mr. Sundelius explained that typically drainage plans are part of the platting process and in this case, he would prefer approval of the Plan Commission and Common Council before any changes are made. Mr. Sundelius explained that the original plan called for a 10-foot storm sewer easement and catch basin at Lots 62 and 63. The storm sewer was rerouted to accommodate the construction of a home over Lots 62 and 63. Drainage issues in the area date back to 2002, and owners have made substantial improvements to alleviate the issues. As McMahon Associates worked on the original design, they are now being asked by Mr. Sundelius to develop a revised drainage plan.
   

   Jim Maher of 2101 Windsor Court stated that the existing drainage plan has undergone many changes and needs to be brought in line with current conditions. John Schreiner, 1509 Stafford Lane, explained that the proposed plan would not fix the flow issues. Drainage issues occur when water backs up in the street. Mr. Schreiner explained that with the construction of a pool on Lot 62, the direction of the water flow was changed. The proposed plan would have a negative effect on Lot 50, with required changes to forestry and landscaping without guarantees that it will work. Josh Verhagen, 2001 Windsor Court, explained that he made improvements to his property to alleviate the poor drainage which has seen back-ups three times in the last five years. Mr. Verhagen explained that the storm drain in the street is inadequately sized with a design based on a 10-year rain fall. Mr. Verhagen suggested that there may be some options based on a vacant lot across the street. Manipulation to the existing swale has been done over the years by contractors and the proposed plan is not a solution in his opinion. Mr. Verhagen explained that he believes the sewer in the street is the problem. Property owners are prohibited by covenants from placing fences and use landscaping as a visual fence and the proposed plan would affect that. Mr. Verhagen explained that he had no problem with Mr. Maher making improvements to his own lot however the plan as presented is not advantageous and does not accomplish the task. Mr. Maher explained that his home was built 20 years ago and the pool was constructed to the existing elevation. Back-ups exist but the drainage swale took care of drainage at all three lots. Substantial changes to other backyards in the last five years have increased water in the area. Mr. Maher explained that none of the elevations match the original plan and any revised plan should match the contours as they are now.

   Brad Warner of McMahon Associates explained that the original plan was to get water to drain from each lot to the street or drainage way. Current grades at the perimeter of the lots don’t match up with the original plan. Mr. Warner explained that they would retrofit it as best they can and trying to lessen the impact on each property while still getting the work done. Mr. Warner explained that drainage is typically designed to handle a five-year event and that the original plan also worked to maintain the woods which resulted in shallow storm lines. Mr. Warner then described the typical design associated with platting a subdivision. Mr. Jakel asked if Mr. Warner was proposing easements on the properties for the swale and associated infrastructure. Mr. Sundelius explained that swales and infrastructure are typically placed along lot lines – no easements would be placed between houses. However, for the catch basin on Windsor Court, he would recommend an easement. Mr. Jakel agreed as the City would need access for maintenance. Mr. Sundelius explained that staff and residents only received the revised plan information on Tuesday and site visits to identify impact haven’t been conducted – he suggested possibly tabling the matter until the next meeting. Mr. Sundelius explained that the Engineering Department will recommend the placement of a swale at the lot lines with consideration to protect existing trees while still following normal drainage procedures. Mr. Sundelius explained that the area will look vastly different however he hopes to resolve the drainage problems with the least amount of impact. Mr. Sundelius requested that City Attorney Davidson review the matter to ensure compliance.

   Mr. Verhagen explained that in working with Mr. Warner and McMahon Associates, he would like to see different options for the property and the existing tree line with a smaller footprint and less impact on trees. Mr. Maher explained that the trees in question are either invasive species or not healthy. Mr. Schreiner explained that the trees are not invasive or unhealthy – they are large trees that should be protected.

   Mr. Moore suggested a meeting with staff and property owners to discuss the options. Mr. Sundelius agreed. A motion to table the revised drainage plan and utility easement until the June 6^th meeting was made by Sundelius, seconded by Feldt. All members voted aye. Motion carried.
   

1. Storm Sewer and Utility Easement – West 15^th/Kenneth Avenue. Ms. Watson explained that the Plan Commission previously made a recommendation to vacate the right-of-way and distribute the property between the two adjoining property owners. The easements would grant the City and Kaukauna Utilities access to the property for maintenance. Ms. Watson explained that the easements were written with oversight from Kaukauna Utilities. A motion to recommend to the Council approval of the storm sewer easement was made by Schoenike, seconded by Oldenburg. All members voted aye. Motion carried. A motion to recommend to the Council approval of the utility easement was made by Moore, seconded by Oldenburg. All members voted aye. Motion carried.

1. Preliminary Plat for The Donory (former St. Al’s site). Mr. Jakel explained that TIF funding allowed for the demolition of existing structures and the placement of 17 single-family laterals at the site. Welhouse Drive will be extended and language that all lots fronting a street will be required to have sidewalk should be included on the plat. The $250 per lot subdivision fee will be applicable per City ordinance. Mr. Jakel explained that one lot will be under common ownership and is proposed for two-family units. Permits can be issued to two-family units on the interior lot if they meet all setback requirements. Mr. Jakel suggested that if Lot 9 is under common ownership, the ownership of the outlot should be incorporated into that lot. Mr. Coenen asked for clarification that Outlot 1 and Lot 9 would be combined. Mr. Jakel explained that it would. Mr. Moore asked if the owners of Lot 9 would then be responsible for maintenance, snow removal and grass cutting on the outlot. Mr. Jakel explained that they would. Mr. Feldt asked about provisions for utility easements. Mr. Jakel explained that a ten-foot electrical easement would be included on all streets. Troy Hewitt of RE Lee representing the developer explained that the reason all of the lots hadn’t been subdivided is that the developer was looking to limit expenses. Mr. Moore asked about a timeline for development. Mr. Jakel explained that there are density requirements per the TIF plan, however lots can be subdivided in the future without a problem. Ms. Watson explained that the developer’s agreement includes a timeline for development over a five-year period as the parcel would need to be fully developed in meet the TIF density ratio. A motion to approve the preliminary plat contingent on the inclusion of language requiring sidewalks on all lots fronting streets, that the $250 per unit subdivision fee be applied, and that the outlot be combined with Lot 9 was made by Sundelius, seconded by Moore. All members voted aye. Motion carried.

1. Final Plat for Hurkman Heights 3. Mr. Jakel explained that the single family development extends Greyhound and Boxer and adjoins the Kwik Trip property and is in substantial accord with the preliminary plat. The Kwik Trip lot is split by wetlands and will accommodate the placement of an easement. Mr. Jakel explained that the lot layout creates only three corner lots out of 36 lots. Single family development is rapidly expanding on the north side due to job growth in the Industrial Park Network. Mr. Jakel explained that the wetland in back makes it difficult to create the roadway and suggested that including the mapped streets on the next meeting agenda to provide for proper looping of roads and fire protection. Mr. Jakel recommended the following language change be included in the last paragraph of the easement:
   

   Maintenance by the City to include, but not limited to, the removal of silt and decomposed vegetation that gradually accumulates in the bottom of a pond, a detention area, and/or accompanying ditch. Payment for City maintenance may be placed on the annual real estate tax bill from all contributing sources as a special assessment if not paid.

   Mr. Moore asked about the effect of the pond on the lots. Jim Sewall of Davel Engineering representing the developer explained that all lots would drain to the pond at Lot 171. Mr. Moore asked who would be responsible of informing buyers of the restrictions. Mr. Jakel explained that restrictions would show up with title work. Mr. Sewall explained that title commitments are given to each land owner when the property is purchased. Mr. Sundelius explained that an additional phases could not be approved if the streets are not platted. Mr. Jakel suggested the mapping of streets be addressed at the next meeting. A motion to recommend to the Council approval of the final plat for Hurkman Heights 3 subject to the change in language noted above was made by Oldenburg, seconded by Moore. All members voted aye. Motion carried.

There being no further business to be brought before the Commission, a motion to adjourn the meeting at 4:15 p.m. was made by Sundelius, seconded by Schoenike. All members voted aye. Motion carried.

Julianne Schroeder

Community Development Coordinator