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Port panel OKs rehab plan as wrecking ball looms PDF Print E-mail
Written by KRISTYN HALBIG ZIEHM   
Wednesday, 25 January 2012 20:07

Despite proposal for former bank, city unsure if building should be saved


The Port Washington Plan Commission last week approved plans by businessman Gertjan van den Broek to renovate the exterior of the former M&I Bank in downtown Port — a building he plans to buy but that is slated to be razed by Feb. 17 per an agreement the city has with the current owner.

The contractor hired by the current owner, Port Harbor Investments, took out the raze permit by Friday, as required in the agreement, City Administrator Mark Grams said.

But demolishing the building and clearing the site is expected to take as long as 30 days — beyond the Feb. 17 deadline.

And if the Common Council wants to give van den Broek a chance to save the structure — something the city has championed in the past — it needs to delay the razing deadline in its agreement with Port Harbor Investments, Grams said.

The council, however, won’t meet again until Tuesday, Feb. 7, unless aldermen call for a special meeting.

“Somebody’s got to do something,” Grams said.

That is just one of the Catch 22 situations facing the city and van den Broek, who has an accepted offer to purchase the former bank.

It’s a situation that pits city officials who have tried repeatedly through the years to get Port Harbor Investments to repair the dilapidated structure and van den Broek, who said he has been trying to reach a purchase agreement for the building for years but was only able to so a month ago, when the city’s requirement that the former bank be razed went into effect.

City officials agreed in December to extend the deadline to raze the building so van den Broek could determine whether he would complete the purchase.

Searching for financing for the deal, van den Broek has asked that the raze requirement be lifted, saying it is difficult to get a bank to lend money to buy a building that is to be torn down.

But city officials are wary of his request, noting that if they don’t enforce the agreement with Port Harbor Investments — essentially voiding the agreement that would end their lawsuit against the firm — and van den Broek’s deal falls through, they could be back at square one, with nothing but a dilapidated structure to show for the years they have spent trying to get the building fixed.

“It’s a standoff,” Grams said. “This is kind of a unique situation.”

Van den Broek said he understands the city’s position but wants officials to remember that he and his firm, Renew Port Holdings, are not Port Harbor Investments.

“I can understand the frustration,” he said. “I get where the city’s coming from. I recognize the aldermen are in a very difficult position. They’ve been dealing with this for a long time. I don’t envy them.

“The last thing I want to do is become the new Port Harbor Investments. I only commit to things I feel I can do. I have a viable plan.”

But the city’s expectations of a short timeline to finalize his plans, renovate the building and fill it aren’t necessarily realistic, van den Broek said.

“I don’t even own the building,” he said. “I don’t control the Plan Commission or determine what it will approve. I don’t control the banks and financing. There are things I can’t guarantee right now.

“I’d rather do my homework and do something that’s credible and realistic, not pie in the sky.”

But Ald. Dan Becker said the city needs to see a clear plan and progress.

“It’s murky,” he said. “You say you have plans. We just want to see what they are. We’d like you to show us where some progress is being made.”

Van den Broek, who in December said he would finalize the purchase on Jan. 30, has asked the city for more time to determine his plans for the building, saying last week he would like to move the closing date of Jan. 30 to the end of May.

That extra time is needed, said van den Broek, both to complete his due diligence for the building and to obtain financing.

But some officials are skeptical about the purchase, fearful it will mean the building will stand in disrepair for yet another tourist season.

They want to see plans for the structure, they said, and want assurances van den Broek can obtain financing.

There are also concerns that, even if he renovates the building, it will sit empty like so many other downtown buildings, officials said.

Van den Broek said that while he has looked at as many as 12 plans for the structure and has a preferred option in mind, he said he is still contemplating ideas for the building.

“I have a concept that works, that makes money, that makes sense,” van den Broek said.

Until he buys the structure, he said, he doesn’t want to reveal those plans for fear someone else will implement them.

To allay fears that the building will remain in its current state throughout the summer, van den Broek pledged to put the funds to fix the facade in escrow and complete the repairs by tourist season — whether or not he buys the building.

Jim Read, van den Broek’s architect, told the Plan Commission that the facade improvements would likely cost about $8,000.

It’s a good-faith effort intended in part to assure the city he is serious about renovating the structure, van den Broek said.

“It’s my way of saying I heard the city’s request. I heard the city’s frustration, and I am willing to deal with that,” he said. “If I do fix the facade, it’s a cost but it’s also an investment in the building.

“I’m hoping it will give me the time so I feel I can do this right.”

Although some people are skeptical that the building is worth saving, Read said it is structurally sound. The boilers remain in the building, the plumbing looks sound and there is some electrical equipment that could be used.

Read said the building would likely be renovated for retail or commercial uses on the first floor, perhaps with a mezzanine level added, and apartments with lake views created on the upper floors. These apartments could be converted to condominiums in the future, he added.

The fact Port Harbor Investments would continue to own the building bothers some officials.

“We’ve gotten the runaround from them. They (aldermen) don’t want them to have any hand in this at all,” Mayor Scott Huebner, chairman of the Plan Commission, said.

Van den Broek said Tuesday that the closing remains scheduled for Jan. 30, although he will likely seek to have it delayed until after the Plan Commission’s Feb. 16 meeting.

If he doesn’t purchase the building and renovate it, van den Broek warned, the building will be razed per the agreement and the land will likely sit vacant until Port Harbor Investments finds another buyer.

That, both officials and van den Broek fear, could be years as the real estate market recovers.

Although some aldermen have supported van den Broek, others have remained skeptical. That, said van den Broek, makes it difficult to determine where to go from here.

“I’m very uncomfortable with the mixed message,” he said. “The only way I can pull this off is with the cooperation of the city.

The future of the building will be on the Common Council’s Feb. 7 agenda, Grams said. Because of the uncertainty about its future, work to demolish the structure likely won’t start until then, forcing aldermen to delay the deadline once again.

“They’re going to have to extend it,” he said.




 
Port aldermen agree tower doesn’t belong on park site PDF Print E-mail
Written by KRISTYN HALBIG ZIEHM   
Wednesday, 18 January 2012 19:10

They say coal dock land may be the right place for 80-foot observation structure


A proposed 80-foot-tall observation tower just doesn’t belong near the overlook parking lot on the southeast corner of Port Washington’s Upper Lake Park, aldermen said Tuesday, adding that alternative sites should be considered for the structure.

Among these locations, they said, should be the coal dock.

Aldermen weren’t the only ones skeptical of the location.

Julie Pfrang, 470 N. Powers St., passed out pictures of the view from her deck taken when the fire department ladder truck was extended to demonstrate the height and location of the proposed tower.

“I’m not opposed to the tower,” she said. “Just not in that location.”

Friends of the Tower spokesman and Port businessman Pat Poole was expected at Tuesday’s meeting but could not attend, City Administrator Mark Grams said.

The group had hoped to bring a representative of Jos. Schmitt & Sons Construction, which built a similar tower in Sheboygan in 2009, but he was also unavailable Tuesday, said Randy Tetzlaff, the city’s director of planning and development.

Aldermen said they would hold off on any decision about the project until the men are able to attend.

“I don’t think it’s fair to pursue this (discussion) until we have a representative of the people who want to do it here,” Ehrlich said.

But that didn’t stop officials from discussing their reaction to the fire department demonstration.

“I am not adverse to this project,” Ald. Dan Becker said. “I’m just not in favor of this location. I don’t think it works, and I want to look elsewhere.”

Becker, who was among the officials who went up in the fire department’s ladder truck recently to see the proposed view firsthand, said that while the vistas are impressive, “It wasn’t as spectacular as I thought it would be.”

There wasn’t a good view of downtown, he noted, but there was a good view of the wastewater treatment plant.

“I was hoping the bluff would hide the plant from view,” Becker said.

Ald. Dave Larson concurred with Becker, noting that the first things that jumped out at him were the wastewater plant, Lighthouse condominium building and the We Energies plant.


“I don’t know that that’s what we want to emphasize,” he said.

The city needs to develop an overall park plan that would outline which activities would be allowed in each one, Ald. Jim Vollmar said.

“I think this tower would be using that park in a way that wasn’t originally intended, which was as a picnic park,” Vollmar said.

Building an enclosed tower at the coal dock would be ideal, he said, noting it would help draw people to the lakefront even in the winter months when traffic downtown is limited.

Ald. Mike Ehrlich agreed that the coal dock should be looked at as a potential tower site, but said he believes Upper Lake Park could still be a good location if the design were modified.

“I think this location could work if it were architecturally more interesting,” he said. “It doesn’t have to be the highest in the state. It doesn’t have to be the standard tower.”

Ald. Burt Babcock compared the traditional wood structure that is proposed to a ranger station.

“I’m not sure that is really what Port needs,” he said.

Mayor Scott Huebner told aldermen that the views they were looking for are all available from the Light Station tower, and the city should emphasize that more.

“You can see the downtown from the Light Station,” he said. “You can see Milwaukee. Maybe what we need as a city, as a council, as a community, is to promote that more.”

Poole has said that the Friends group plans to raise between $300,000 and $500,000 to build the tower as a gift to the city and establish an endowment fund for maintenance. The structure would be an attraction for residents and visitors alike, he said, offering views that people can’t get anywhere else.

The vista would be available to people with disabilities through a camera mounted on the top that could be viewed on a monitor at the base of the tower, Poole said. A toggle switch would allow viewers to move the camera.

The park was selected as a site because it is visible and, as one of the city’s highest points, would likely offer some of the most spectacular views, he said.

The tower would be an attraction for residents and tourists, Poole said.

Aldermen emphasized their appreciation of the group’s efforts and the idea of a tower.

 
Land obtained by foreclosure continues to trouble county PDF Print E-mail
Written by BILL SCHANEN IV   
Wednesday, 11 January 2012 19:18

Board still divided over future of property claimed for unpaid taxes 10 years ago


A decade after Ozaukee County acquired a Town of Fredonia property through foreclosure, officials remain divided over whether to sell the 62-acre parcel or add it to the park system and open it to the public at long last.

But supervisors, who toured what has become known as the Shady Lane property last week and are expected to start debating its future next month, seem resolved to settle a question that has haunted the county since it assumed ownership of the parcel in 2001.

“To tell you the truth, the whole issue is just really distasteful to a lot of supervisors, including me,” County Board Chairman Robert Brooks said. “I honestly don’t know what we’re going to do with it. There are no good scenarios.”

What troubles Brooks is that the county foreclosed on a valuable piece of property to recover about $30,000 in property taxes owed by its former owner, Steven Magritz. Although the county’s actions were legal, profiting from the foreclosure at the expense of a man who lost his home and his family’s land is troubling, he said.

“There are a lot of conservatives on the (county) board who consider property rights to be sacred,” Brooks said. “To just take someone’s property for a fraction of what it was worth doesn’t sit well with a lot of people.”

Brooks said he favored selling the property and giving the proceeds to Magritz minus the unpaid taxes and foreclosure expenses until he found out that the deadline for Magritz to file a claim for excess proceeds has long since lapsed.

“Now I’ve been told we can’t give the owner the proceeds if we wanted to,” he said. “I’ve even asked if we can somehow give him another chance to claim the proceeds, but that appears to be impossible.”

Brooks said perhaps the best thing for the county to do is keep the land. He pointed out that the county’s parks caretaker lives in the house on the property, an arrangement that constitutes a significant portion of his compensation, and other buildings on the land are used by the Parks Department.

“We’re using the land now and nothing is stopping us from developing some trails and opening it to the public,” he said. “Selling it now at a bad time to sell anything after holding on to it for 10 years just doesn’t make any sense.”

Complicating the issue is the fact that Magritz is hardly a sympathetic character in this saga.

After failing to pay his property taxes and losing his property during a court hearing he did not attend, Magritz launched a campaign of harassment against county officials — one that included filing bogus liens against them and involuntary bankruptcy in their names — that ultimately landed him in prison.

Magritz served his time, but last summer resumed filing what officials said were bogus documents in an apparent attempt to reclaim his property. That resulted in the filing of a felony charge against him last month and a warrant for his arrest.

The land has become a topic of debate again because the county’s Parks and Open Spaces Plan, which was approved last year, calls for the property to be incorporated into the county park system and opened to the public.

“I’m the one who brought this to us because I don’t think we should approve a plan and put it on the shelf,” said Supr. Glenn Stumpf of the Town of Cedarburg, a member of the Natural Resources Committee. That committee is expected to make a recommendation  regarding the property to the County Board.

“The plan approved by the County Board calls for several additions to the park system, and the Shady Lane property has been identified as the top priority, so we should make a decision,” Stumpf said.

One option seen by some officials as an acceptable compromise is subdividing the property so the house and the minimum amount of acreage required by Town of Fredonia zoning laws can be sold. The county would retain the rest of the land and incorporate it into its park system.

Supr. Rose Hass Leider of the Town of Fredonia, also a member of the Natural Resources Committee, said she is opposed to keeping the entire parcel for use as a park but could live with a compromise.

“This is a valuable piece of property that is important to the Town of Fredonia tax rolls,” she said. “If you keep taking all this land off the tax rolls, what’s going to happen to our towns?

“They (towns) need property value more than the county needs another park.”

Leider said selling the house and a reasonably sized lot would help the town and give county park supporters what they want.

“I think I could live with that,” Leider said. “There would be plenty of land left for the Parks Department to develop all the trails they want on the property.”

County Administrator Tom Meaux said the county is currently having the property appraised.

Stumpf, a proponent of retaining the property for use as a nature area open to the public, said he, too, could accept a compromise provided most of the land is preserved.

“This is a gorgeous piece of land,” he said. “If we decide to take seven or 10 acres off and sell it, fine, but there is absolutely no question that the rest of the land should be part of the park system.”

Stumpf said too much emphasis is being placed on the importance of returning the land to the tax rolls.       

“I know this is a big issue for some supervisors, but studies have shown that the value of surrounding properties increase when land is preserved,” he said. “Preserving the land may be more valuable for the town than selling it.”

Proponents of adding the property to the park system point out that the land, with its hardwood forests and river frontage, is an environmental gem the county shouldn’t let slip away. They envision a nature preserve with minimal improvements similar to Lion’s Den Gorge Nature Preserve in the Town of Grafton, which the county also owns and maintains.

Meaux said supervisors will be briefed on their options next month. The Natural Resources Board will then be asked to make a recommendation to be considered by the board in March.

 
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