County asks state to back off on cost of Hwy. 33 access

Ozaukee County officials are asking the state Department of Transportation to waive or reduce an access fee for two lots at Highways 33 and LL, calling the fee “against the spirit of the property’s history.”

The DOT wants $274,000 to let the county and the City of Port Washington have access to the six-acre property on the northwest corner of the intersection where Casey’s General Store has proposed building a 4,286-square-foot red brick gas station, store and car wash.

It also would allow access off LL to another six-acre parcel north of the proposed Casey’s where Cardinal Capital Management has proposed building a 90-unit apartment building with units set aside for people with disabilities.

Although acknowledging that an appraisal report submitted to the DOT, and on which the fee is based, was done appropriately, the county “continues to feel that the access restrictions are against the spirit of the property’s history,” County Public Works Director Jon Edgren said in a Feb. 6 letter to DOT Systems Planning Engineer Robert Elkin.

“(Being) the property was obtained by Ozaukee County for the express desire of development for the betterment of the residents and tax base of Ozaukee County and City of Port Washington, it seems contradictory to seek such a substantial sum ($274,000) for reasonable use,” Edgren said. “Further, any funds obtained through the sale of the property are anticipated to be invested into Ozaukee County’s Highway system.”

The land where Casey’s wants to build was once part of a cloverleaf interchange that was demolished in 2011 and replaced by the current round about there. 

“I would respectfully request to waive or significantly reduce the access rights value, so that Ozaukee County can continue to move forward on the development of this property and betterment of our Highway System,” Edgren concluded.

The county was told how much the state was looking for in November, long after Iowa-based Casey’s reached an agreement in July 2018 to buy the site from the county for $500,000.

Local officials also have petitioned the state to allow the existing median cut on Highway 33 to remain with the addition of a left-turn lane on eastbound Grand Avenue for the store.

Earlier, the state told local officials the access from Highway 33 alone would cost $55,000. But they went back to the drawing board after county officials reminded them that access from LL also was needed.

Casey’s officials have said they would invest $4.3 million in the site. They also have said the company plans to sell the northern three acres of the site for additional development, presumably commercial or residential development.

The state is charging for access points on Highway 33 because the frontage road there to Eernisse Funeral Home is a private drive. 

If that road is taken by the city and made a public road, there would be no access charge, Edgren said, but the City of Port Washington would be responsible for its maintenance.

If the access fee is paid, it’s unclear who would pay. 

While the county technically is the point negotiator with the state, the payment would probably be a matter of negotiation between the four parties.