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New Richmond council approves annexation of 1.25-acre BHM Properties parcel after neighborhood objections

New Richmond City Council · October 15, 2024
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Summary

After public comment and legal review, the New Richmond City Council voted to approve a 1.25-acre annexation application from BHM Properties LLC. Staff recommended approval; the planning commission had recommended denial (4–2).

The New Richmond City Council voted to approve an annexation application from BHM Properties LLC for a 1.25-acre parcel north of West Fourth Street, a motion the council carried after discussion and a roll-call vote.

City staff recommended approval of the petition, saying the parcel is contiguous to city limits, can be served by municipal water and sewer, and is consistent with the city’s infill and service-efficiency goals. "The recommendation from staff is to approve the application," staff told the council during a presentation of the annexation process and project background.

Neighbors urged the council to deny or table the request. Gretchen Bell read a letter from attorney Mackenzie Campbell arguing the petition fails statutory tests under Wisconsin Statute 66.0217 and the "rule of reason," and urged denial. As Bell read the letter, she said the neighbors are "strongly opposed to the annexation petition currently under consideration." Chris Wheeler told the council: "The petition fails to provide evidence of a municipal need for this annexation." Darla Wheeler urged tabling the decision to allow further review of the city's comprehensive plan and to consider whether the parcel qualifies as historic.

City legal counsel and staff responded that the petition contains the necessary purpose statement and that cities are presumed not to have abused their discretion when approving annexation ordinances; counsel said the burden is on objectors to show abuse of discretion. Staff also noted the Wisconsin Department of Administration issued an opinion on Sept. 23 finding the annexation is in the public interest.

Council members debated neighborhood character, easement and driveway issues, and the limits of municipal authority. Several members said they were reluctant to deny without demonstrable statutory grounds. A motion to approve the annexation passed on a roll call: Alderman Vries—Yes; Alderman Weinmeier—Yes; Alderman Gartner—No; Alderman Volkert—No; Alderman Montello—Yes; Alderman Kittle—Yes.

The council approved the annexation ordinance and will assign the property the city’s Z2 suburban zoning at the time of annexation; any future subdivision, platting or building permits would require subsequent separate applications to the planning commission and the council. The planning commission had recommended denial (4–2) following a public hearing on Oct. 1; staff noted past annexations in the city and described how utilities and local infrastructure would serve the parcel.

The council returned to other agenda items after the vote; no appeal or further action on this matter was announced at the meeting.