September 1, 2017 at 3:47 p.m.
Committee denies Pelican resident's request for city water
Site of former bar once had city water, sewer service
Committee denies Pelican resident's request for city water
Dennis Hoffmann, who purchased two adjacent lots at 3270 Boyce Drive, requested the city make an exception to the rules prohibiting the extension of city services to non-city residents after the Oneida County Zoning Department denied his request for permits for a well and septic system because one of the parcels had been granted a city water permit in 1984.
The property is currently zoned R1 residential.
Public works director Tim Kingman told the committee that Hoffmann first approached the city in February.
"This particular service location was brought to this committee and the connection was denied by virtue that it is outside the city service limits," Kingman said. "I brought that to Mr. Hoffmann and he has since tried to navigate means to try to get a connection to the city so he can do what he needs to do with this property. He wanted a voice to this committee so that he could present some of the things he has determined."
Hoffmann said his case for being allowed to reconnect the property to the city lines is based on four points.
"First, I don't think in February that it was obvious that this is an existing service," Hoffmann said. "It was stated on the agenda and in the minutes that it was for a new service. That was not correct, that property has had service in the past, it was the former Beachfront Bar property and they had had service for some years until it was sold to a developer and torn down."
Hoffmann said he was told in February that the committee would like to see that property annexed into the city limits in order for service to be re-established. Hoffman said he pursued that option but his neighbors wouldn't cooperate.
"I tried that, I did not get enough support," he said. "I didn't get any support toward annexation. As I'm sure you're aware, any annexation into the city has to be contiguous with the existing city limits. We have several properties that are between us. I contacted all of those property owners, I identified 34 different properties, 60 different sets of owners, individuals because there are several owners on some of those parcels. But I could not get enough, I could not get anybody."
He then held up the petition for direct annexation he circulated bearing two signatures - his and his wife's. He then held up a petition opposed to annexation, which included signatures from many of the property powers running two pages.
"I did my due diligence. I contacted all these people personally, sent out letters," Hoffmann said. "I tried annexation and I failed."
When he went to the county zoning office after the February water and wastewater committee meeting, he said zoning technician Kurt Bloss found a water permit for one of the parcels that had been issued by the city.
"He told me there is a permit for city sewer for that lot," Hoffmann said. "And if myself or my plumber were to come in and request a permit for a septic tank or a holding tank, they would not and could not issue that on that property because, according to him, this is a valid and current permit for city sewer connection."
Hoffmann said he contacted his realtor, who went back to the developer that bought the property while it was still a bar back in 2005. They also contacted then-water superintendent John Zatopa, who sent an email in 2008 confirming that one of the two lots was serviced by city water and sewer and it could continue. But the other lot was not serviced by the city and in order to bring those services to the other lot it would have to be annexed into the city.
He also presented the committee with copies of a certified survey map showing where the laterals for both lines stop on the property.
"You can see these are well into the property and that these are not new service," Hoffmann said. "It would be a minimum cost to the city to allow the reconnection to this existing services. It's just a matter of installing the meter and turning the curb stop on once I'm ready for it."
Alderperson Sherrie Belliveau asked if the permit issued in 1984 was for both city sewer and water or just sewer.
"It was for both," Kingman said. "This is probably a good opportunity to talk about this permit because at that time, back in 1984, the city did indicate to the county that this lot could be serviced. We don't know specifically how, but in 2016 when I was asked the same question what places outside the city may be served, it came up with a different answer. That's why we're here, we made a determination based on my input in the past."
He repeated that he had made it clear at the February meeting that the property had city service in the past but is outside the city service area.
"We have to stop giving our services away if you're not a city resident and you're not within the city limits," said alderperson Dawn Rog. "I do understand that you do want to become a city resident and you do want this property in the city, but why you went about all the connections, I don't understand that. We have a wastewater treatment plant that has no existing property that belongs to the city that is city property. We have Printpack that we annexed in that has no existing city property. So why does this individual think that they need to connect everybody in, that everybody has to be a part of the city, why would that have to happen for him when we do it for others? If he wants city services and he wants to be hooked up, he needs to go to the planning commission, you need to get annexed into the city, your parcel, and from there you can get connected to the city."
Others quickly advised Rog that she was mistaken and that Hoffmann does indeed need to have the property between his land and the city limits join him in the annexation process.
"I tried that, and I can't," Hoffmann said.
"Yes, you can," Rog insisted.
Alderperson Mark Pelletier told Rog that the Printpack property is connected to the city limits, and the wastewater treatment plant, since it is owned by the city, can be its own "island" of land not connected to the city limits.
"But not a separate piece of property for an individual landowner," Pelletier clarified.
Belliveau pointed out that a parcel owned by the Honda dealership near the sheriff's department is city-owned land.
"I have several islands in my district," Rog insisted. "So I don't understand why he can't be by himself as city property. We have to make a precedence that you have to be a city resident to get the city services. We can't be annexing people who don't want to be in the city limits."
Alderperson Alex Young said there are annexation rules against islands of property belonging to one municipality while completely surrounded by properties in another.
"I researched the state statutes and that is not allowed," concurred Hoffmann. "I went through your city attorney on this same subject and she came to the same conclusion that all annexations, unless the city owns the property, then it may hopscotch. Any private owner cannot annex to the city unless it is contiguous to the existing city limits."
"I understand this is about your situation and this is about your property that you bought. But you have to understand that the citizens of Rhinelander have a right to their services, they live in the city, they pay city taxes," Rog said. "If we keep turning around and giving their utilities away to individuals who are not, to keep making exceptions, where are we?"
Hoffman tried again to convince Rog that he is not asking the city to give him anything for free and is actually asking to be allowed to pay the city for the service.
"I'm not asking you to give away the service," Hoffman said. "I'm more than willing to pay for the service."
Belliveau wanted to know why the city can now deny service when Zatopa wrote in 2008 that the service could be reconnected.
Kingman said one method to annex property is called an "arm" where a small piece of property runs from the existing city limits to the property to be annexed to establish the connection.
"For instance, in the Printpack situation, we did not have the property adjacent to the city limits, but there was an easement that ran across Highway 17 and came from the city," he said. "Probably 300 to 500 feet to go back over to the Printpack property."
Young said that is called "balloon on a string" annexation and it has been ruled illegal by the state court of appeals unless it is done within certain guidelines.
"It is a complex area and not a simple thing to do," Young said.
Interim city administrator Keith Kost said it might be a good idea to have city attorney Carrie Miljevich research what impact having the service abandoned for at least 10 years would have on the standing of the permit. If it is no longer valid, Hoffmann could then get a septic permit from the county, he noted.
"The zoning officials at the county can give you the wrong information and they're not bound by that," Kost said. "If the wastewater superintendent gave the wrong information in 2008, we're not bound by that, either."
Hoffmann also brought up how a number of town of Pelican homes were allowed to hook up to city services when the water and sewer lines were run out to Nicolet College. He said he lives just a few hundred feet from that water district. It was explained to him that those exceptions were made when the line was run out to where the college was built and those people opted to sign on to city services without being annexed.
Rog reiterated that the city should not allow water and city hookups to people whose property is not annexed to the city.
"That is the only fair thing to do for the taxpayers in the city of Rhinelander," she said.
She also said she belives it would be improper for Hoffmann to confer further with Miljevich on the matter and suggested he hire his own attorney. Kingman said it would be proper for Miljevich to look into the matter of the permit and determine if it is still valid. She might also be able to advise Hoffman on any other options he might have available to get the property annexed into the city.
"She might have another idea or collectively we might come up with something else," Kingman said. "We'd very much like to serve your property, but it has to be under the right circumstances."
The committee then voted unanimously to deny Hoffmann's request for service.
Jamie Taylor may be reached via email at [email protected].
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