Planning Commission Meeting Minutes

Monday, February 6, 2006

 

 

Chair Sharon Braun called the regular meeting of the Wayne Planning Commission to order at 7:30 p.m., on Monday, February 6, 2006, in the Council Chambers of the Wayne Municipal Building.  Roll call was taken with the following members present:  Darrell Miller, Kelby Herman, Chair Sharon Braun, Randy Brenner, Pat Melena, Derek Hill, and Chief Inspector/Planner George Ellyson.  Absent:  Vicki Pick, Kyle Nelsen, and Mark Ahmann.

 

Motion made by Commissioner Melena and seconded by Commissioner Herman to approve the minutes of January 9, 2006 as presented.  Chair Braun stated the motion and second.  Chair Braun declared the motion carried unanimously.

 

Chair Braun stated the next agenda item was the discussion and recommendation of a proposal to purchase railroad right-of-way by Ken Jorgensen.

 

Chair Braun opined that the Commission is being asked to hear this request because of an easement that the City would need to reserve for a utility line.  Typically, purchases of land are only heard by the City Council and not the Commission.

 

Inspector Ellyson noted for the Commission that was correct; however, this is considered a land use and it deals with municipal land use.  Inspector Ellyson noted that he had visited with the Mayor and City Administrator on this issue, and the Mayor stated that she did want the Commission's opinion on this land use.

 

Chair Braun opined that she should assume that any future conveyances of public land by the City of Wayne, the City Council would ask that the Commission review the matter first for recommendation.  Inspector Ellyson stated that the Council may ask them.  He was unsure if Council was setting a precedence or not, but that they (Council) wanted the Commission's opinion and recommendation on this particular topic.

 

Chair Braun's concern was that the City Council could not have it both ways.  She opined that if Council wants the Commission to review this particular issue, then the Commission should be asked in the future about the City selling another piece of public property or if they have been approached by someone wanting to purchase land.  Inspector Ellyson stated that would be an issue to discuss with the Mayor.

 

Inspector Ellyson provided an overhead for the Commission to review of the proposed area.

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Two

 

Ken Jorgensen was present to answer any questions the Commission may have regarding the proposal.  Mr. Jorgensen depicted on the overhead the area in which he wanted to purchase from the City.  Mr. Jorgensen noted for the Commission that by buying the land, he would be able to square up the building and save some construction costs.  The area Mr. Jorgensen is currently leasing is the area in which he would like to purchase.  There is currently a sewer line running in this area, approximately 40 feet off the property line, and the city could take an easement to access the sewer line, along with an additional ten foot easement.

 

Mr. Jorgensen noted for the Commission that the city is leasing this area to him for $750 per year.  After visiting with the County Assessor, the real estate taxes for this area would be between $1200 and $1300 per year, with just concrete on that area.

 

Mr. Jorgensen opined that in the future, the land would be easier to sell if the new owner could walk out the back door onto their own property, rather than someone else's.

 

Mr. Jorgensen noted for the Commission that this particular piece of property he wants to purchase is land-locked.

 

Chair Braun questioned Mr. Jorgensen what the city currently uses this piece of land for.  Mr. Jorgensen stated that there is a sewer line running through the property and the city mows that area.

 

Inspector Ellyson further noted that along with the sewer line, there is also a major electrical line on the south side as well as a water main.

 

Mr. Jorgensen noted that the City would no longer need to mow this area, and should there need to be work done on the sewer, electric, or water, that the expense of tearing up and replacing any concrete would be his responsibility.

 

Inspector Ellyson noted that part of the trail also runs along this area and that Mr. Jorgensen is proposing to purchase 50 feet of the 100 foot area to be purchased.  The majority of the infrastructure in this 100 foot wide right-of-way is located on the south side.

 

Mr. Jorgensen further noted that there are currently two manholes located in this right-of-way that would be brought up to grade when the concrete was poured, so the manholes would no longer be covered in dirt and grass.  Inspector Ellyson noted that the trail is located on the south side of the right-of-way.

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Three

 

Commissioner Herman questioned who owns the other railroad right-of-ways throughout the City.  Inspector Ellyson noted that the other railroad right-of-ways were basically given to the property owners that fronted that particular section of right-of-way.

 

Chair Braun further noted that the City of Wayne was given quite a bit of railroad property and then the City turned around and sold a lot of the right-of-ways to the adjacent property owners.

 

Inspector Ellyson noted that the City Administrator has requested that the Commission make a recommendation of what they think the best use for the property would be.

 

Commissioner Herman questioned how the City has historically handled requests to purchase City property with utilities on or underneath.

 

Inspector Ellyson noted that it is the City Administrator's opinion not to vacate or otherwise leave public owned right-of-ways; he would rather retain them for the City.

 

Chair Braun noted that through her title work, she has found that under previous administrations, when the City would vacate alleys, they would always reserve utility easements in the entire alley, whether there where utilities in them or not, the City would retain an easement.

 

Chair Braun further noted that when an alley is vacated, there is no one there to pay money for it; it is given to you.  The property owner is given half of the alley and then it goes on the tax role and the property owner begins to pay taxes on it.  In this case, the right-of-way would be a purchase, where the city would be receiving some kind of compensation.

 

Commissioner Herman opined that the compensation is probably not the issue, but rather vacating those city owned areas that have city utilities under them.

 

Inspector Ellyson noted that seemed to be a consistent opinion.

 

Chair Braun opined that she viewed the city no differently than herself.  If she sold her townhouse, there are utilities to the side and rear of the property and that would just go with the property.  In this instance, if the City would sell

 

 

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Four

 

property to John Doe, the City would retain those utility easements.  In Chair Braun's opinion, the City has more than adequately protected themselves, especially if the City enters into a maintenance agreement.

 

Inspector Ellyson noted for the Commission that Mr. Jorgensen has stated that if the city would need to repair the sewer line, part of the purchase agreement would be that in the event, the city would need to maintain the sewer line, the city would tear up the concrete and replacement would be the responsibility of Mr. Jorgensen.

 

Commissioner Brenner opined that the lot the Commission is discussing is awkward in size, due to the shape of the lot.  If the City owned the bottom portion of a square lot and they owned a lot of land around that area, as far as maintaining it, maybe the city would be reluctant to sell that land.  However when there are irregular shaped lots that are going to be harder to develop Commissioner Brenner opined that might be more of an enticement to sell the land and make it more useful for the person that is going to be using the land and the City could go back to an easement and it would be less maintenance.  Commissioner Brenner opined that it would be a win-win situation for the City.

 

Inspector Ellyson noted for the Commission that this particular parcel of land is an un-buildable lot.  Inspector Ellyson noted that this would place the land on an active tax role.

 

Chair Braun asked for any further discussion or questions regarding the agenda item.

 

Inspector Ellyson noted for the Commission that if they are not comfortable forwarding a recommendation that was okay; however, the Mayor did want the Commission to hear this request and would appreciate their input on the matter, mainly due to the infrastructure that runs through this right-of-way.

 

Commissioner Herman opined that if there was a precedence set previously by the current administration, he would tend to lean towards the precedence set, to not sell but to lease, with maybe a longer term lease option.

 

Chair Braun opined that the City will be the party drafting the documents for the purchase and will have the ability to control the terms of the sale and if the City retains perpetual easements forever, Chair Braun opined she did not know how the City could go wrong.

 

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Five

 

Motion made by Commissioner Melena and seconded by Commissioner Miller to forward a recommendation of approval regarding the purchase of the railroad right-of-way by Ken Jorgensen, with the condition that the City retains a utility easement. Chair Braun stated the motion and second. Roll call vote was taken with the following:  Commissioner Hill - aye; Commissioner Melena - aye; Commissioner Brenner - aye; Commissioner Herman - nay, based on the precedent set by the current City Administrator not to sell property with municipal utilities or connections under them; Commissioner Miller - aye; and Chair Braun - aye.  Chair Braun stated the motion was five ayes and one nay; the motion carried.

 

Chair Braun stated the next item on the agenda was the discussion of the definition of the zoning lines west of Wayne and north of Highway 35.

 

Inspector Ellyson showed an overhead of the discussion area for the Commission.  Inspector Ellyson stated that zoning lines typically follow centerlines of right-of-ways, they identify themselves with property lines, or some physical attribute.  When the zoning map was converted to the AutoCADD system, some of the zoning lines were scaled off of a mechanical drawing (using a t-square on a board).  Inspector Ellyson over-layed the current zoning lines with the proposed clarified zoning lines.

 

Commissioner Herman questioned if the new zoning line would follow a property line.  Inspector Ellyson stated that it would.

 

Inspector Ellyson noted that the one zoning line tends to follow the ridge line of the hill towards the northwest quarter of the section, which is similar to the layout drafted by RDG.

 

Inspector Ellyson noted for the Commission that the State of Nebraska will only grant access to the properties on the north side of Highway 35 where there is an opposing street, such as Oak Drive or Donner Pass.

 

Inspector Ellyson stated that the property owners (Steve Meyer and Brent Pick) have been granted access from the State near the driveway between Pac-N-Save and Ellis apartments.

 

Inspector Ellyson noted for the Commission that it is up to them to decide where the zoning lines need to be placed, but that he would like for them to decide at the meeting in order to allow him to prepare the final draft for the next meeting, along with a public hearing.

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Six

 

The Commission questioned if the proposed drawing is what the property owners want.  Inspector Ellyson noted that the applicant will be the City of Wayne on behalf of the property owners.

 

Steve Meyer, one of the property owners, was present to discuss the agenda item with the Commission.  Mr. Meyer explained to the Commission that the current B-1 zoning area is not large enough for any type of commercial development; therefore, by moving the zoning line further north, would allow for some kind of future development.

 

Mr. Meyer stated that the acreage to the east of the B-1 zoning area, they are currently in the process of cleaning and plan to place on the real estate market sometime this spring.  Mr. Meyer stated that the proposed R-2 and R-3 zoning are fine where they are located.  Mr. Meyer informed the Commission that he intends to take down the hill located next to the current Glenn's Auto Body shop and sell the dirt that comes from this area.

 

The Commission questioned how far north the blighted and substandard area went.  Inspector Ellyson noted that the Commission should have received in their packets about three months ago, a map depicting how far north the area went.

 

Commissioner Herman opined that the proposed drawing Inspector Ellyson distributed to the Commission would be correct.

 

Further discussion was held among the Commission, Inspector Ellyson, and Mr. Meyer regarding the possibility of water and sewer being extended north to the proposed A-2 zoning district.

 

Commissioner Brenner opined that he concurred with Commissioner Herman's comments about leaving the proposed map as it is.

 

Inspector Ellyson noted that the next agenda item was in conjunction with the definition of the zoning lines west of Wayne and north of Highway 35.

 

Therefore, Chair Braun moved onto the next agenda item, the discussion of an access road extending north from Oak Drive or Donner Pass to eventually connect with Fairacres Road.

 

Inspector Ellyson noted for the Commission that this next agenda item was to figure out how to connect the areas together.  Inspector Ellyson depicted an overhead showing a concept drawing that RDG had designed for this area of Wayne.  Inspector Ellyson noted for the Commission that he had been directed

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Seven

 

by the City Administrator to develop a concept drawing for the area north of Highway 35 and just west of the cemetery.

 

Inspector Ellyson noted for the Commission that the concept drawing he provided them was just a rough draft.  Chair Braun questioned if the trail was located on the map and if the drawing only showed single car garages.  Inspector Ellyson further noted for the Commission that the area of the concept drawing is located in a blighted and substandard designated area; there is interest in building "affordable housing", which may or may not include two-car garages.  Therefore, that is the reason Inspector Ellyson only drew single car garages on the concept drawing.  The entire area was established with R-1 setbacks, 30 foot front and 7 foot side-yards.  The houses were constructed with single car garages, but they have enough area that they could be expanded to a two car garage.  Inspector Ellyson noted that affordable housing does not generally include two-car garages.  Inspector Ellyson stated that the drawing he provided the Commission was only a concept drawing.

 

Connie Weber, who resides at the very end of Fairacres Road, was present to discuss the agenda item concerning an access road.  Ms. Weber stated that she had not formed an opinion, but rather came to listen to the discussion.  Ms. Weber stated she was curious about how the Commission would tie the roads together.  Ms. Weber opined that this would bring a lot of traffic to Fairacres and Sherman, and that Sherman Street cannot handle any more traffic.

 

Inspector Ellyson noted that this is an attempt to not increase traffic but rather reduce the amount of traffic on Sherman, but still allow for development that would exit itself onto Highway 35, rather than going back onto Sherman.

 

Ms. Weber questioned if this was five years down the road or longer.  Inspector Ellyson noted that there is interest right now in building in the lower south end of this area yet this year.  Ms. Weber questioned if there was a proposed plan for exactly where the road from the new addition would come in - where will it come in terms of the water tower.  Inspector Ellyson stated that he and the City Administrator had discussed this and would like to place as much onto municipal property as possible.  Inspector Ellyson stated that the City Administrator thought the new property owner who owns the land north of the water tower, would grant access for a road.

 

Jan Magnuson, who resides on Fairacres Road, was present to discuss the agenda item concerning the access road.  Ms. Magnuson questioned if the TIF money was available for new housing and new construction.  Ms. Magnuson

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Eight

 

stated she was under the impression that TIF funds were available for economic re-development and has to be an area where there were previous structures.

 

Inspector Ellyson opined that he was of the understanding that yes TIF is for re-development and that it could be used for this type of development because of the water shed issues in this area. 

 

Inspector Ellyson stated for the Commission that this is a question the Planning Commission needs to ensure that the water shed from this entire area not only on the ridge but the expanded B-1 District, is planned out.  Inspector Ellyson stated that there is no additional capacity on the south side of Highway 35 by the Activity Center for any additional water shed.  Inspector Ellyson stated this becomes a major responsibility of the Commission--to address the water shed issue in this area.

 

Inspector Ellyson noted that RDG also has a concept drawing showing a road that would go just above the B-1 Zoning District that would exit onto Pheasant Run, in addition to a road that would exit onto Highway 35. 

 

Commissioner Brenner opined that there has been some projects in town completed using TIF, such as the Oaks, Wayne East, Ken Jorgensen's project.

 

Ms. Magnuson asked the Commission to keep in mind that even though the homes are older in the Westwood Addition, they are not necessarily lower income type housing.  Ms. Magnuson asked that the Commission keep in mind what is currently there and make it something that is not totally different from the area because this would have an affect on their home values.

 

Inspector Ellyson noted for the Commission to keep in mind the Affordable Housing Planned Unit Development (AH-PUD) that was just passed recently by the Commission, as this is something that could be placed in this area.  Inspector Ellyson noted that the AH-PUD allows the Commission to relax some of the zoning requirements in a housing development.

 

Chair Braun noted for Ms. Magnuson that what has happened over the years, the neighboring communities, the cities are paying for the infrastructure just to get people to build housing. 

 

Mr. Meyer noted that when Inspector Ellyson showed him the concept drawing, he also noted that it will take an engineer to help develop and design some type of retention for the water shed.

 

Planning Commission Meeting Minutes

Monday, February 6, 2006

Page Nine

 

Ms. Weber questioned if the developer does build the five homes west of Fairacres, does this mean some sort of road has to be in place.  Inspector Ellyson stated the road would be paved north.  Mr. Meyer also noted that it depends on how many homes are going to sell.  Mr. Meyer noted that typically that is why Vintage Hill is set aside for the higher dollar homes and this TIF area is set aside for the lower end homes.

 

Brent Pick, property owner of the land to the west of the cemetery, was present.  Mr. Pick noted that the developer is looking at homes of 1200 square feet with two car garages.  Some of these homes could have walk out basements, which means the developer can get diversity with square footage and build smaller parts of the house to make the houses more affordable and get more square footage.

 

Commissioner Brenner opined that maybe the Commission should consider holding a retreat to discuss some of the issues Commissioner Herman brought up, such as TIF guidelines and big box stores.

 

Inspector Ellyson further noted that included in the Commission's packet were some industry guidelines for them to review.

 

Chair Braun also suggested having an attorney present at a retreat session to guide the Commission in what their responsibilities are as a Planning Commission.

 

Inspector Ellyson reminded the Commission members about the NPZA conference in March and the industry guidelines that were included in the packet. 

 

Inspector Ellyson also noted that he had visited with Amy Haase of RDG about some guidelines for the Affordable Housing Planned Unit Development.

 

Motion was made by Chair Braun and seconded by Commissioner Melena to adjourn the meeting and table the remaining two discussion items until the next meeting.  Chair Braun stated the motion and second.  All were in favor; motion carried unanimously.