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PLAN COMMISSION MINUTES
FEBRUARY 1, 2000
PRESENT: Lee Bettes, Lurton Blassingame, Melanie Bloechl, David Borsuk, Steve Gehling, Don
Krueger, Jim Smith, and John Ruppenthal
EXCUSED: Donald Pressley, Achim Reschenberg, and Scott Saunders
STAFF: Jackson Kinney, Director of Community Development; John Bluemke, Principal Planner;
and Vickie Rand, Recording Secretary
The meeting was called to order by Chairman Ruppenthal. Roll call was taken and a quorum declared
present.
The minutes of January 18, 2000 were approved as mailed.
I: LAND DIVISION / 1813 TAFT AVE. & 524 N. KOELLER ST.
Reinhard Roehlig, petitioner, Steve Hoopman, owner, requests the Plan Commission review and
approve a land division for properties at 1813 Taft Ave. and 524 N. Koeller St., generally located at the
southeast corner of N. Koeller Street and Taft Avenue.
Mr. Smith asked since the property had the same owner, why was a land division needed. Mr. Bluemke
stated the owner may want to sell the street frontage in the future.
Mr. Gehling asked if there were any plans to extend Sullivan Street further north. Mr. Bluemke stated he
wasn’t aware of any plans to extend Sullivan Street further north.
Motion by Bloechl to approve the Land Division for properties at 1813 Taft Avenue and
524 N. Koeller Street. Seconded by Smith. Motion carried 8-0.
II: EXTRATERRITORIAL LAND DIVISION / 5889 County Rd T
James Smith, petitioner, Ralph Metz, owner, requests the Plan Commission review and approve an
extraterritorial land division at 5889 County Road T. The property is located in the Town of Vinland
and per the Town of Vinland zoning map, is zoned A-1 Agricultural.
Mrs. Bloechl asked for clarification of the Staff Report as if referred to the lots being served by on-site
sewer systems. Mr. Bluemke stated septic tanks would need to be used on the subject lots.
Motion by Bloechl for approval of the Extraterritorial Land Division at 5889 County Road
T. Seconded by Krueger. Motion carried 7-1. Nay: Blassingame.
Plan Commission Minutes Page 2 February 1, 2000
III: PRIVILEGE IN STREET / ADJACENT TO 1007 OREGON STREET
Fischer Environmental, petitioner, Dorothy Abraham, owner, requests the Plan Commission review and
approve a Privilege in Street to allow the placement/installation of a monitoring well in a City sidewalk
in front of 1007 Oregon Street. The monitoring device will be a temporary well used to collect
information about an abandoned fuel oil tank.
There was no discussion on this item.
Motion by Smith for approval of the Privilege in Street subject to the following conditions:
1)The monitoring well be installed in a manner that is approved by the Department of
Public Works so that it is flush with the sidewalk.
2)The monitoring well be properly abandoned and removed in accordance with City
standards and under the direction of the Department of Public Works.
3)Any problem which may arise as a result of the placement of the monitoring well be
the responsibility of the petitioner to correct in coordination with the Department of
Public Works.
4) All appropriate permits be obtained prior to the start of construction/placement of
the monitoring well.
5) The monitoring well be modified or removed immediately upon the request of the
City.
6) The petitioner/owner secures and submits to the City Clerk a separate insurance
policy which names the City as an additional insured with a minimum coverage of
$200,000 per person and $500,000 in general aggregate.
7) It is the responsibility of the petitioner/owner to file in a timely manner a new
insurance certificate with the City Clerk upon expiration of an existing certificate.
Failure to do so will result in the revocation of the privilege in the street upon ten
(10) days notice.
8) The petitioner/owner execute a hold harmless agreement with the City.
Seconded by Bloechl. Motion carried 8-0.
IV: FLOODPLAIN ZONING MAP AMENDMENT / 1016 S. OAKWOOD ROAD
Martenson & Eisele Inc., petitioner, D & F Investments LLP, owner, requests the Plan Commission
review and approve an amendment to the City’s Floodplain Zoning Map. The amendment would
provide for the removal of an approximate 3,210 square foot area from the Floodplain Zoning Map.
Areas that are mapped as floodplain can be removed from the map if fill raises the elevation of the land
to a height at least 2 feet above the regional flood elevation and that filled area is contiguous to land
lying outside the floodplain.
Plan Commission Minutes Page 3 February 1, 2000
Mr. Bettes asked if there was a map showing where another flood fringe area was being created on the
property. Mr. Bluemke stated the area being created was already mapped as flood fringe.
Dave Eisele, Martenson & Eisele, Inc., presented another map showing both areas, one where the flood
fringe area had been filled, and the other where a flood fringe area had been created. He explained the
replacement area was created south of the area filled and was an equal cubic yard exchange, as was
recommend by the Plan Commission and a requirement of Conditional Use Permit granted by the
Common Council on November 23, 1999.
Mrs. Bloechl stated the Staff Report mentioned two flood plain maps, and asked for clarification
between the two. Mr. Bluemke explained the Floodplain Zoning Map that is a part of City’s Zoning
Ordinance regulates how and when you can build in the flood plain. He explained the Flood Insurance
Rate Map, that is under the jurisdiction of the Federal Emergency Management Agency (FEMA) is used
to determine whether the owners would be required to have flood insurance.
Mrs. Bloechl stated even though the area would be removed from the Floodplain Zoning Map it would
still be in the same place. Chairman Ruppenthal explained that enough fill had been brought in to bring
the elevation of the property out of the flood fringe, making the property buildable, therefore, the request
has come forward to remove it from the map. Mr. Bluemke stated that information has also been
submitted to FEMA to determine if the owners would still need to have flood insurance.
Mrs. Bloechl asked if the Sawyer Creek Water Shed Studies had an impact on the flood plain in this
area. Mr. Bluemke stated he was not aware on any impact.
Motion by Krueger to approve an amendment to the Floodplain Zoning Map be approved
with the agreement of the Wisconsin Department of Natural Resources. Seconded by
Blassingame. Motion carried 7-1. Nay: Bloechl
V: DISPOSITION OF SURPLUS CITY PROPERTY; REZONING – 21 W. NEW YORK
The City of Oshkosh requests the Plan Commission review and approve of the disposition of the former
City Fire Station property located at 21 W. New York Avenue and the rezoning of the subject property
from R-2 Two Family Residence District to C-1 Neighborhood Business District.
Chairman Ruppenthal stated it appeared to be a good reuse of the property. Mr. Kinney stated the
proposal was very compatible with the neighborhood and should prove to be very beneficial as well.
Mrs. Bloechl asked who the new owners of the property would be. Mr. Kinney stated Laib Restoration
had submitted a purchase/redevelopment proposal for the property.
Motion by Smith for approval of disposition of the former City Fire Station property
located at 21 W. New York Avenue and the rezoning of the subject property from R-2 Two
Family Residence District to C-1 Neighborhood Business District. Seconded by Lurton
Blassingame. Motion carried 8-0.
Plan Commission Minutes Page 4 February 1, 2000
VI: GRANT EASEMENTS; CONDITIONAL USE PERMIT/DEVELOPMENT PLAN
REVIEW
– Oshkosh Community YMCA, Petitioner
PARTIAL STREET VACATION
/ NORTHWESTERN AVE. - City of Oshkosh
The Oshkosh Community YMCA, petitioner, requests the Plan Commission review and approve the
granting of easements within Roe Park for the proposed expansion of the YMCA, and a development
plan for the expansion of the existing YMCA facility. In addition, the YMCA asked for the City’s
consideration in vacating a portion of Northwestern Avenue, and based upon the City’s review, the
Administration is requesting the Plan Commission review and approve the partial vacation of
Northwestern Avenue.
Mrs. Bloechl asked if the petitioners had any better pictures to display. Bob Small, Oshkosh
CommunityYMCA, presented additional site plans showing the new entrances proposed for the main
entrance and for the child care entrance. He stated the main reasons for the changes were for the safety
and security of the child care center since over 1500 people are using the same entrance every day.
Mr. Small reviewed the amount of money spent in the last 5 years for improvements, and noted the
strong residential downtown community that uses the facility. He stated the groundbreaking for the
improvements would take place one month before the groundbreaking for the new YMCA on the west
side of Oshkosh.
Questions arose on the traffic pattern for delivery trucks and garbage pick up. Mr. Hansche, Architect,
pointed out the delivery area on the east side of the building and how the traffic pattern would flow on
Northwestern Avenue. Mr. Gehling asked if City busses would use Northwestern Avenue. Mr. Small
replied they would remain on Washington Avenue.
Mrs. Bloechl asked where the playground equipment in Roe Park was located. Mr. Small pointed out the
playground equipment located in the northwest corner of Roe Park and noted that the intention was to
move the delivery traffic and parking out of the area where the new child care entrance was proposed.
Discussion continued regarding the past improvements for a playground and equipment that was safe for
the YMCA’s Day Care and the best placement for playground equipment for the general public and the
YMCA customers. Mr. Small stated they had worked with the Oshkosh Parks Department and the Parks
Advisory Board when laying out this site plan.
Mr. Hansche discussed the 6’ x 70’ easement needed in Roe Park to enable the YMCA to expand their
child care facility.
Mr. Gehling asked Mr. Hansche to discuss the utilities serving Northwestern Avenue. Mr. Hansche
used the site plan as displayed to point out the storm sewer traveling to Broad Street and their intention
to connect to that main. He pointed out the location of the catch basin, and noted the water service
would remain the same, and the City would retain an easement for all utilities.
Mr. Smith asked where the vacation of Northwestern Avenue would start. Mr. Hansche stated the
vacation would start at the corner of Madison and Northwestern and the area will be reconstructed. Mr.
Krueger asked why the vacation couldn’t start at the corner so the City wouldn’t have 67’ left to
maintain. Mr. Bluemke stated there will be an agreement with the YMCA that they will be responsible
for maintaining Northwestern Avenue. Mr. Hansche continued to discuss the rest of the utilities as
requested.
Plan Commission Minutes Page 5 February 1, 2000
Bill Henschl, 408 Madison Street, stated even though Madison Street was a one way street many people
turn down it the wrong way and it is very dangerous for the children in the neighborhood. He asked if
the street could be closed off from the parking lot. Mr. Small agreed that would be beneficial and stated
he would be happy to comply with Mr. Henschl’s request. Mr. Henschl asked how close the
improvements would be to his property. Mr. Hansche stated the garage would stay, therefore, it would
not affect his property.
Ray Thomsen, 414 Madison Street, stated his property has been damaged by traffic in the area.
Chairman Ruppenthal stated the new proposal would eliminate that traffic.
Mrs. Bloechl asked if a one way sign placed at the exit on Northwestern Avenue from Madison Street
would help the situation and not require the parking lot to be closed off. Mr. Hansche stated a sign was
already there and didn’t seem to stop cars from going the wrong way.
Mr. Smith stated he was going to vote against this request since property in an already small park was
being destroyed to put in a vehicular drop off area for the child care center.
Mr. Gehling stated he didn’t agree with Mr. Smith and felt this plan provided a safer access for the
children with a limited parking area for the handicapped.
Mr. Bettes stated the YMCA child care center has been very good for the City of Oshkosh, and the
YMCA has taken care of Roe Park very well for a long time. He stated this is an aggressive plan and one
of the best projects he’s seen.
Mrs. Bloechl stated she hoped the Plan Commission could be as amenable to other day care facilities in
Oshkosh as they appear to be to the YMCA. She stated the YMCA competes with public and private day
care providers who pay taxes, and now they are asking to take parkland property to further improve their
day care facility.
Motion by Borsuk to approve the granting of easements within Roe Park for the proposed
expansion of the YMCA, and a development plan for the expansion of the existing YMCA
facility, and a partial vacation of Northwestern Avenue with the following conditions:
1) Easements to accommodate the enclosure of the balcony on the west side of the
YMCA and the installation of a driveway and parking on the west side of the
building be approved.
2) The partial vacation of Northwestern Avenue be approved subject to the condition
that a public service easement be reserved for the entire right-of-way width.
3) The Conditional Use Permit/Development Plan for renovations, new parking, and
landscaping be approved.
4)Madison Avenue be closed off from the 4th row in the existing parking lot.
Seconded by Blassingame. Motion carried 6-2. Nays: Bloechl, and Smith.
Plan Commission Minutes Page 6 February 1, 2000
VII: REZONING / PORTION OF 631 HAZEL STREET
William Seno, petitioner, Affinity Health Systems, owner, requests the Plan Commission review and
approve the rezoning of a portion of 631 Hazel Street from R-2 Two Family Residence District to R-5
PD Multiple Dwelling District with a Planned Development Overlay. The general area surrounding the
proposed rezoning is characterized by residential land uses, Mercy Medical Center, and Menominee
Park.
Mr. Borsuk noted newspaper articles indicated there had been at least six proposals for development in
this area, and asked if that was so then why was this the only one viable. Mr. Kinney stated there were a
few other developers interested in the area, however, once they took a closer look at the property they
decided not to go ahead with any plans. He stated New Markets, Inc., has been the only extensive
proposal that’s come forward.
Mr. Borsuk asked if there was any cost figured to level the entire area. Mr. Kinney stated the demolition
figures are based on part of the main hospital to be retained, and additional demolition costs would have
to added if the entire site were to be demolished.
Mrs. Bloechl asked if the application was binding since Otto Cox has signed for Affinity Health
Systems, and is no longer with that company. Mr. Kinney stated the City Attorney would have to
address that question, but he felt as long as Otto Cox was with Affinity when he signed the application it
was probably valid.
Mr. Seno, President for New Markets, Inc., stated he had considered demolishing the entire area and
found it would not save any money. Mr. Seno proceeded with pointing out the area to be rezoned, and
indicated what type of development was planned in each area. He noted how it the architectural flavor of
the area would be retained, and how it would be developed as a first class housing project.
Chairman Ruppenthal asked if there was an agreement for the monument corner. Mr. Seno stated the
monument will stay and they hoped to donate it to the City with the City being responsible for the
maintenance.
Discussion continued regarding the income level of tenants in the apartment complex and whether
children would be allowed. Mr. Borsuk asked if he planned to build single family homes, and when they
would be phased in. Mr. Seno stated they were planning to sell lots to quality homebuilders in the area
who had the same ideals as they did. Mr. Seno stated they hoped to close on the property in May and
would be able to sell the lots as soon as a subdivision plan was approved. He noted there was 6-8
months of demolition required in the area.
Mr. Borsuk asked if a condition could be made to ensure a commitment to building single family homes
quickly. Mr. Kinney stated if the TIF proposal was approved a developers agreement would be drawn up
with an incentive package for homes to be built within a designated time frame.
Discussion continued on the need to have a guarantee for building single family homes in a given time
frame, the cost of the homes, and the taxes they would bring.
Plan Commission Minutes Page 7 February 1, 2000
Mrs. Bloechl stated in previous conversations Affinity Health Systems has had with neighbors a
commitment was made to provide health care in the area, and she asked if a plan was in place, such as
on-site immediate care that would also be available to the general public. Mr. Seno stated they said they
would examine the possibility of having a health care facility within the development.
Mike Tesmer, Affinity Health System, stated the hospital did a study of the east side medical services
and found the Doctor’s Park and Immediate Care were both located on the east side of the tracks, and
they intended to keep Ceape Clinic in operation to provide health care for the north east side of
Oshkosh. Mr. Tesmer stated they would have considered a facility if they had found a need for one. He
stated the apartment complex for the elderly will have 24-hour staff on hand who will be able to call
doctors on behalf of the residents. He also stated a private practice might consider locating on the
development site.
Discussion continued regarding having a 24 hour health care facility developed on-site in terms of
parking, hours, and the effect on the neighborhood. Locating a fitness center, convenience store or
perhaps a coffee shop in the area was also discussed as to how it would affect the green space in the area
and still be able to offer the best possible living environment.
Discussion turned at this time to the size of the lots and the concern for all the houses to look the same.
Mr. Seno stated the Plan Commission will have access to architectural review and be able to approve or
deny the site plans if the rezoning request to R-5 PD, Multiple Dwelling District with a Planned
Development Overlay were approved. Mr. Kinney stated the request at this time is for a rezoning and a
site plan would still need to be reviewed at another time.
Mr. Borsuk stated there seemed to be a misconception at this time that if New Markets, Inc. didn’t
develop the property now it would become an eyesore. He stated Affinity is the responsible party for
working out a financing plan for the developer. He stated the worst thing that could happen would be for
Affinity to have to raze the buildings and pay all costs. Mr. Borsuk stated the current scenario has
Affinity Health Systems saving four million dollars.
Mr. Tesmer, Affinity Health Systems, stated the intent of Affinity was to give Oshkosh a new hospital,
not to make money on a new project. He stated they can’t serve the community the best from their
current location. He also stated they wouldn’t abandon the east side if no other health care were
available. He said they could only afford to provide one 24-hour emergency service in Oshkosh. Mr.
Tesmer stated Aurora had made a commitment to the northeast side of town and Affinity has made a
commitment to the operation of the Ceape Clinic. He stated they are spending millions of dollars to
rebuild the hospital for the good of the city, and are also offering a better use for the current hospital site.
He stated they are a not-for-profit organization and if New Markets pulls out there are no other offers to
be considered at this time.
Mrs. Bloechl reiterated that Aurora Medical had made a commitment to service the northeast side of
town not Affinity. Mr. Tesmer stated they had not promised to provide a service, they promised they
would not abandon the northeast side of Oshkosh if no health service was available.
Mr. Bettes stated there are two issues to consider, one is the rezoning, and the other is the chronic need
for this type of housing in Oshkosh, which he stated they’d all be happy with.
Plan Commission Minutes Page 8 February 1, 2000
Motion by Bettes for approval of the rezoning from R-2, Two Family Residence District to R-5
PD, Multiple Dwelling District with a Planned Development Overlay District.
Mr. Borsuk asked if a condition could be made for single family homes to be constructed within a given
time frame. Mr. Kinney stated it was not part of this rezoning request.
The Planned Development overlay was discussed regarding giving the Plan Commission’s further
review of this development.
Seconded by Blassingame. Motion carried 8-0.
VIII: PUBLIC HEARING ON PROPOSED CREATION OF TAX INCREMENTAL
REDEVELOPMENT PROJECT; DESIGNATION OF BOUNDARIES AND APPROVAL
OF PROJECT PLAN
Chairman Ruppenthal opened the public hearing on Tax Incremental Financing District (TID) #14 and
the designation of boundaries for said Tax Incremental Financing District.
Mrs. Bloechl asked what would happen in the TID layout if single family housing were eliminated. Mr.
Kinney stated the proposed layout was all inter-related and the single-family housing was a necessary
part of the development. Mrs. Bloechl also asked how Mr. Seno could go about selling lots in an area
that was already designated as a TID District. Mr. Kinney stated a value had already been set for the
property to determine the taxes.
Ken Bender, 806 Oak Street, stated he was basically pleased with the layout of the development, but
would like to see a couple of conditions before approval. He stated the first condition would be to
increase the right of way on Parkway Avenue to 54 feet to enable vehicles easier access for turning. The
second condition Mr. Bender asked for was to have no parking on the north side of Parkway Avenue
between Grove Street and Hazel Street. The third condition he requested was to have a 10’ easement
from Parkway Avenue to Cleveland Avenue extending to the south to provide access to Webster Stanley
School for the children.
Mr. Bender also stated he was not in favor of elderly people living in the area with no medical care on
site.
Paul Weimer, 503 W. Lincoln, stated he had some aesthetic concerns, however, he liked the inclusion of
the single family housing in the development and stated it could be a profitable TID District.
Mark Harris, 242 Sandstone Court, was concerned about the development being subject to property
taxes. Mr. Seno stated he insisted the housing development would be taxed.
Mr. Bender asked if the TID District could be changed from a 20 year to a 15 year contract. Chairman
Ruppenthal stated the State Government makes the ruling as to the length of time a TID District is in
effect.
There being nor further comments from the public, the public hearing was closed.
Plan Commission Minutes Page 9 February 1, 2000
Mr. Borsuk referred to table 1 on page 3of the plan, and questioned what costs were covered in the
“Other Costs” column. Mr. Kinney explained $848,000 would cover special assessments. He stated the
TID District and property owners would pay a portion of those costs.
Mr. Borsuk asked what other TID projects were developed for profit making entities to build housing
developments. Mr. Bluemke replied the Division Street development was an example of another TID
District developed for such a purpose. Mr. Borsuk stated the owner should be liable for the project site
as he has the ability to pay the costs, and the City shouldn’t be giving them a gift of over 4 million
dollars. He stated it is not appropriate to take tax money away from the schools. Mr. Gehling stated the
TID District would return the money to the City. Mr. Kinney stated the money would be returned to the
normal tax rolls after 20 years. Mr. Bettes stated even though the TID District may be taking taxes away
from schools, and may not be creating new jobs, new housing is being developed that has not been on
the tax rolls. He stated he can support the project but not the TID, as he feels 40% of the costs being
designated for asbestos removal is too much.
Mr. Gehling stated the TID is actually creating new jobs by supporting the building of a new hospital.
He stated this development helps Affinity to relocate and the City will be getting the money back.
Mr. Kinney stated the Commission shouldn’t dismiss the fact that this property could sit vacant for
many years and have a negative impact on the neighborhood, and Menominee Park. He explained the
TID District is created to deal with blighted situations and without it developers may not be encouraged
to come forward to develop this site.
Discussion continued on what the polluters role was and what the governments role was in cleaning up
the pollution on the site, and what the best outcome was for the City and it’s future, not for Affinity
Health Systems. Mr. Borsuk stated he could see the City being obligated to $1.2 million and ask the
owner to come back with a counter offer.
Motion by Smith to approve the boundaries of TID #14 and the TID #14 Project Plan, and
recommend approval of the TID boundaries and Project Plan by the Common Council.
Seconded by Blassingame. Motion carried 5-3. Nays: Bettes, Bloechl, and Borsuk.
NEW BUSINESS
I.SPECIAL MEETING TO BE HELD ON FEBRUARY 8TH, 2000.
Mr. Kinney stated he would like to hold a special meeting on February 8, 2000 to discuss meeting
procedures. He stated a notice would be sent out as to the time and place.
There being no further business, the meeting adjourned.
Respectfully submitted,
JOHN C. BLUEMKE
Principal Planner
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