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Plan Commission Minutes 1 September 4, 2007 PLAN COMMISSION MINUTES SEPTEMBER 4, 2007 PRESENT: Ed Bowen, Thomas Fojtik, Paul Lowry, Paul Esslinger, Kathleen Propp, Cathy Scherer, Jeff
Thorkildsen, Jon Dell’Antonia EXCUSED: David Borsuk, Meredith Scheuermann, John Weinsheim STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Jeff Nau,
Associate Planner; David Patek, Director of Public Works; Deborah Foland, Recording Secretary Chairperson Dell’Antonia called the meeting to order at 4:00 pm. Roll call was taken and
a quorum declared present. The minutes of August 21, 2007 were approved as presented. (Propp/Lowry) I.A. TWO-LOT EXTRATERRITORIAL LAND DIVISION AT 1185 OLD KNAPP ROAD (CIRCLE “R” CAMPGROUND)
IN THE TOWN OF NEKIMI The petitioner is requesting an extraterritorial two-lot land division/certified survey map at 1185 Old Knapp Road in the Town of Nekimi to split off an existing
single family dwelling from an existing campground. The lots are sized as follows: Lot 1 -43,087 43,087 square feet (0.9891 acres) containing the single-family dwelling Lot 2 -1,124,747
square feet (25.8144 acres) existing campground There was no discussion on this item. I.B. TWO-LOT LAND DIVISION FOR PROPERTY ON SOUTH WASHBURN STREET LOCATED SOUTH OF 3265 SOUTH WASHBURN
STREET (BERGSTROM’S AUTO) The petitioner is requesting a two-lot land division of 36.2 acres of land currently contained within one existing parcel. Lot 1 – 4.13 acres Lot 2 – 32.07
acres Mr. Dell’Antonia asked why this request was not processed with the conditional use permit reviewed at the last meeting. Mr. Buck responded that the petitioner might have wanted
to wait with this request until the conditional use permit had been granted. Mr. Burich added that the certified survey map was also submitted too late for adequate time for staff review.
Plan Commission Minutes 2 September 4, 2007 Dennis Jachim, Bechard Investments, Appleton, distributed copies of the revised certified survey map depicting the dedication of Insurance
Way right-of-way along the western edge of proposed Lot 1 and eastern edge of proposed Lot 2 and the 15-foot pedestrian path on the adjacent property to the west as noted in the conditions
of the staff report. He stated that there was not any wetlands or streams on the property as noted in the third condition and that Bergstrom’s would like to expedite the matter to enable
them to get construction underway before winter. I.C. RIGHT-OF-WAY DEDICATION – NORTHEAST CORNER OF IDAHO STREET AND W. FOURTH AVENUE The City of Oshkosh Department of Public Works is
requesting the dedication of street right-of-way along the east side of Idaho Street north of W. Fourth Avenue. There was no discussion on this item. Motion by Thorkildsen to move approval
of the consent agenda as requested with the following conditions to be applied to Item I.B.: 1) Dedication of Insurance Way right-of-way approximately 200 feet south along the western
edge of proposed Lot 1 and eastern edge of proposed Lot 2. 2) Depiction of the 15-foot pedestrian path on the adjacent property to the west. 3) Wetlands, streams and drainage features
are depicted on the CSM with easements, as required by the Department of Public Works. Seconded by Fojtik. Motion carried 8-0. II. ZONE CHANGE FROM R-4 MULTIPLE FAMILY RESIDENCE DISTRICT
TO C-2 GENERAL COMMERCIAL DISTRICT FOR PROPERTY GENERALLY LOCATED AT 1815 TAFT AVENUE The petitioner is requesting a zone change for property located along N. Koeller Street (addressed
1815 Taft Avenue) from R-4 Multiple Family Residence to C-2 General Commercial District. The properties encompass approximately two acres of land. Mr. Burich presented the item and noted
that he was requesting to also include a small strip of land to the adjacent southern parcel that is also zoned R-4 and under the same ownership as the subject zone change. Mr. Burich
explained that parcel to the south is split zoned and used commercially and that there is no need to retain the R-4 zoning. Mr. Burich stated that he spoke with the owners and they are
supportive of the zone change request. Andy Dumke, 2030 Menominee Drive, was present to answer any questions relating to this request. There was no discussion on this item. Motion by
Scherer to approve the zone change from R-4 to C-2 for property located at 1815 Taft Avenue as requested. Seconded by Thorkildsen. Motion carried 8-0.
Plan Commission Minutes 3 September 4, 2007 III. CONDITIONAL USE PERMIT FOR A MIXED USE DEVELOPMENT WITH UPPER FLOOR RESIDENTIAL USE AT 135 CHURCH AVENUE The petitioner is requesting
a conditional use permit to allow a mixed-use development within the C-3 Central Commercial District at 135 Church Avenue. The mixed-use development is proposed to be comprised of first
floor retail with residential living units above. Mr. Lowry asked if the limited parking on the site was a concern with staff. Mr. Buck replied that staff did not see this as an issue
since the C-3 Central Commercial Zoning District does not require parking for commercial uses and stalls are currently provided for the residential uses which will be reduced from five
units to three units. Barbara Young, 725 N. Washburn Street, stated that Wisdot will be acquiring the property where her current consignment shop is located for the expansion of the
frontage road and she is considering purchasing the property at 135 Church Avenue to relocate her shop shop to what she feels would be an ideal area for her business. Mr. Dell’Antonia
asked what type of traffic volume her current business generates. Ms. Young responded that her business is very low volume with no more than one or two cars at a time. She noted that
there is a public parking area behind the property by the Recreation Center and another across Division Street. Mr. Fojtik asked if she would be making any improvements to the site.
Ms. Young replied that she would be making minor improvements to the site such as painting the eaves and porch. Thomas Lammers, 131 Church Avenue, stated that he lives next door to the
subject site and feels that this proposed mixed-use development is a wonderful idea and finds it a welcome addition to the neighborhood. He also stated that he did not feel that parking
would be an issue on this site. Motion by Lowry to approve the conditional use permit for a mixed-use development at 135 Church Avenue as requested. Seconded by Scherer. Motion carried
8-0. IV. CONDITIONAL CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW AND REZONING FROM C-2 AND R-4 DISTRICTS TO C-2PD FOR A RETAIL/COMMERCIAL DEVELOPMENT LOCATED AT 312 NORTH KOELLER
STREET The applicant is requesting a rezoning and a conditional use permit/development plan approval for development of an approximately 25,000 square foot multiple tenant retail establishment
and associated site improvements. Mr. Buck presented the item and stated that the Department of Public Works suggested that relocating the drive on Sullivan Street to the south would
be beneficial as its location is close to the intersection and could pose a safety issue.
Plan Commission Minutes 4 September 4, 2007 Ms. Scherer inquired about the condition to add parking islands and if this would comply with the proposed new parking ordinance. She also
asked how the number of parking stalls compares with the ordinance. Mr. Buck responded that the addition of the islands mentioned in the conditions would bring the parking lot up to
the standards of the proposed new ordinance. In regard to the number of parking stalls, at this point it is difficult to tell as the inside of the building is not yet finished, however,
staff is not concerned with the number of stalls as it should be more than adequate. Mr. Esslinger asked if the drive on Lombard Avenue should be moved to the east to locate it further
away from the intersection or make it ingress only. Mr. Buck replied that Lombard Avenue does not have a high volume of traffic and relocating this drive would cause issues with the
site. The three other access points should remedy any issues. Mr. Burich added that it was more critical critical to retain this access point as two-way with the elimination of the other
drive on Koeller Street and with the multiple drives accessing the site, stacking at the drive on Lombard Avenue should not be an issue. Andy Dumke, 2030 Menominee Drive, was present
for questions or concerns from the board. He stated that the number of parking stalls would be not be adequate for a restaurant use but would be sufficient for general retail uses. Mr.
Bowen inquired if the shaded areas on the elevation plans represented the brick veneer mentioned in the staff report. Mr. Dumke responded that it did. Mr. Dell’Antonia asked if the development
would look similar to the building recently completed where Buffalo Wild Wings is located. Mr. Dumke replied that it would. Mr. Thorkildsen asked if the petitioner had any issues with
the conditions applied to their request. Mr. Dumke responded that he did not. He further stated that they were reserving some space along Sullivan Street to allow for the street to eventually
be developed through to Lombard Avenue. Adam Heindel, Excel Engineering, stated that their preference would be to keep the drives at their current locations. Ms. Propp inquired if Sullivan
Street was currently undeveloped. Mr. Heindel responded that it was partially graveled and partially paved at this time. Mr. Burich added that Sullivan Street should be completely developed
either this year or next. Mr. Bowen inquired about the lighting to be used along Sullivan Street as it is a residential area and his concern was with exterior lighting spilling over
onto the residential units located there.
Plan Commission Minutes 5 September 4, 2007 Mr. Heindel replied that there was currently wall lighting there now, but would be replaced with cut off fixtures to alleviate this problem.
Mr. Thorkildsen commented that he felt that this was a great project and an outstanding use of the space. It should be a substantial improvement to the area. Motion by Thorkildsen to
approve the conditional use permit/development plan and rezoning for a retail/commercial development located at 312 North Koeller Street as requested with the following conditions: 1)
Land area is consolidated into a single parcel, as proposed. 2) Base standard modification to reduce the front and transitional yard setbacks, as proposed. 3) Parking lot landscape islands
are placed at midpoints along the two eastern parking rows as well as within the southern parking row. 4) Windows or other elements are placed on the north and east facades, as approved
by the Department of Community Development. 5) Grading, stormwater and drainage plans are reviewed and approved by the Department of Public Works. Seconded by Fojtik. Motion carried
8-0. V. AUTHORIZATION TO ACQUIRE PROPERTY AND DEDICATE STREET RIGHT-OFWAY NEEDED FOR RECONSTRUCTION OF JACKSON STREET/W. MURDOCK AVENUE INTERSECTION (1805 JACKSON STREET, KENTUCKY FRIED
CHICKEN) On July 24, 2007 the City of Oshkosh Common Council approved an amended agreement with the Wisconsin Department of Transportation for intersection improvements at Jackson Street
and W. Murdock Avenue. The original agreement was approved by the City Council on April 26, 2005. The intersection improvements will require the acquisition of the Kentucky Fried Chicken
property located at 1805 Jackson Street. Mr. Bowen inquired if the Council had already approved an agreement with the State for the construction of a roundabout at this intersection,
what was the Plan Commission being asked to evaluate. Mr. Dell’Antonia responded that he had already inquired about this prior to the meeting and it was a procedural step necessary for
the land land acquisition. Mr. Bowen commented that the Plan Commission could not be held responsible for the fiscal impact of this decision as they were merely conforming to what the
Common Council had already approved. Mr. Lowry stated that the circle for the roundabout appears to be located closer to the KFC property and was wondering if there was a reason for
the proposed location. David Patek, Director of Public Works, responded that the Wisconsin Department of Transportation designed and recommended the roundabout at this location. The
consultants who planned it are under contract with the state. Mr. Burich added that this design was chosen as it would have the least amount of impact on the area.
Plan Commission Minutes 6 September 4, 2007 Mr. Lowry asked if there would be revisions to this plan before completion. Mr. Patek replied that there would be. Mr. Dell’Antonia inquired
if more land acquisition would be necessary for right-of-way. Mr. Burich responded yes. Ms. Propp asked if the Mobil station located at this intersection would still be accessible. Mr.
Patek responded that it would. Mr. Esslinger commented that he did not feel that it was an appropriate land acquisition since traffic and accidents do not warrant the construction of
a roundabout at this location. Ms. Propp stated that although the necessity of a roundabout at this location was not for her to decide, if a property had to be acquired at this intersection,
the KFC property would be the appropriate one to acquire as it has a high volume of traffic going in and out. Mr. Bowen commented that looking at the additional costs of constructing
the roundabout, the City needs to estimate the financial impact and can hopefully mitigate some some of the costs by the sale of the remaining portion of the KFC property. He further
stated that he had concerns with the implementation of a roundabout as this is an aggressive intersection and citizens will need to be prepped on the use. Mr. Fojtik agreed and stated
that he would have liked to see this implemented at a different intersection, preferably one with less businesses located there. Ms. Scherer inquired about the feasibility of redevelopment
on the remaining parcel. Mr. Burich replied that it would be nominal. It would be possible to combine it with the parcels to the west or to the north. He added that the level of service
is greatly increased by the implementation of a roundabout. Motion by Thorkildsen to approve the acquisition of property and dedication of street right-ofway needed for the reconstruction
of Jackson Street and W. Murdock Avenue intersection as requested. Seconded by Fojtik. Motion carried 7-1. Ayes-Bowen/Fojtik/Lowry/Propp/Scherer/Thorkildsen/Dell’Antonia. Nays-Esslinger.
VI. PUBLIC HEARINGS ON PROJECT PLAN AND ALLOCATION AMENDMENTS TO TAX INCREMENT DISTRICTS #7 SOUTHWEST INDUSTRIAL PARK AND #9 WASHBURN STREET The Department of Community Development requests
approval of Project Plan and Allocation Amendments to transfer (donor) positive tax increments to an under-performing TID (recipient). The recipient district is not performing as anticipated
with expected increment development and annual debt service exceeding annual tax revenues. The donor districts to be established with these amendments are TID #7 Southwest Industrial
Park and TID #9 Washburn Street. The recipient district to receive the allocation is TID #16 100 Block Redevelopment.
Plan Commission Minutes 7 September 4, 2007 Mr. Kinney presented the item and covered background information on the 100 Block Project and the current financial situation of the development.
He also covered the alternatives for dealing with the financial situation, which would be to pursue the personal guarantees, utilize general fund revenues or utilize the TIF donor approach
to cover debt service costs. He explained that the financial advisory firm of Ehlers & Associates has recommended that amending TID #7 and TID #9 to provide donor funds to TID #16. The
board reviewed tables on the TID’s showing their status both before and after the transfer of the proposed donor funds. Mr. Kinney stated that 10-15 other communities are dealing with
donor TID projects as well and gave several examples in our area. Mr. Esslinger inquired if the City would be pursuing the personal guarantees of the developers and what steps have been
taken on this approach. Mr. Kinney responded that the City Attorney’s office has been in in contact with the developers’ attorneys and the City will be asking the Common Council for
direction for pursuing litigation. However, those avenues do not look to provide significant support on these issues as bankruptcy proceedings are imminent and it would be wise to prepare
another approach for dealing with the situation. Mr. Esslinger inquired how much of a shortfall would need to be covered. Mr. Kinney responded approximately $2.6 million. Mr. Dell’Antonia
inquired if approving this amendment would preclude pursuing the developers in litigation. Mr. Kinney responded that it would not. If the Council directs us to pursue legal action we
will do so and any proceeds from this would reduce the amount of funds needed from the other TID districts. A discussion followed regarding when TID #7 and #9 would be retired and how
providing donor funds to TID #16 would affect this. It was determined that TID #7 and #9 would still close on schedule regardless of providing donor funds. Further discussion took place
regarding how the TID funds balance would be distributed at retirement and how this amendment, if approved, would affect the dollar amount of distribution. The amount of the deficit
in the annual debt service payments compared to revenues was also discussed which was $310,000 at this time and continuing to grow. Ms. Propp inquired if the developers were still in
arrears in their property tax payments. Mr. Kinney replied that they were, however, Winnebago County will assume the delinquent debt from the City and would hopefully be reimbursed when
the property is sold. A brief discussion occurred regarding the effects of transferring positive increments from TID #7 in the amount of $1,757,000 and TID #9 in the amount of $810,000
without impacting the anticipated termination dates of 2012 for TID #7 and 2018 for TID #9. The effect on the cumulative fund balance of these TID’s was also discussed which would be
reduced from approximately $3,000,000 to $1,000,000 in TID #7. The matter of what would be more financially beneficial to the City was also discussed comparing reducing the cumulative
TID fund balance or using general fund revenues to offset the deficit in TID #16. It was determined that an analysis of these figures should be done first to determine what avenue would
be most beneficial. The public hearing on the proposed amendments to TID #7 and #9 was opened at 5:25 pm. No one was present to comment and the public hearing was closed.
Plan Commission Minutes 8 September 4, 2007 Ms. Propp commented that she was pleased with the reports provided on the TID and was also pleased that it would be possible to use funding
from TID #7 & 9 to offset the deficit in TID #16 and still retire them on schedule. Mr. Esslinger felt that there were still too many questions not answered and that the personal guarantees
should be pursued first. Mr. Dell’Antonia and Mr. Fojtik agreed that they would like to see more information on the dollars involved with the difference between using the donor TID funds
or using general revenue funding to help support the City’s legal obligations for this project. A brief discussion took place regarding if this item should be voted on now or laid over
until more figures could be provided regarding the different avenues of funding TID #16 and the financial impact it would have on the City in the future. Mr. Kinney explained that Mike
Harrigan of Ehlers & Associates recommended the donor approach as the best approach to rectifying this matter and would be available to present the item to the Common Council next week.
It would be beneficial to move this request along to the Council as soon as possible. Motion by Thorkildsen to approve the proposed allocation amendments to TID #7 and #9 as requested
with the condition that the City first pursue the personal guarantees of the developers before approving donor funds from TID #7 and #9. Mr. Kinney explained that we did not know how
long legal action could take in this matter and it would be wise to have another source of funding in place to cover the City’s legal obligations while litigation is being pursued. Any
funding received from the personal guarantees could be credited against the funds used. Mr. Dell’Antonia stated that he felt that since the Plan Commission is merely an advisory board
that the item could be voted on now with the condition that the additional information discussed previously on the affects of using TID funds or general revenue funding would need to
be provided to the Council prior to them taking action on the request. Motion by Thorkildsen was withdrawn. Mr. Lowry commented that he agreed with Mr. Esslinger on the matter that the
City needs to more aggressively pursue the personal guarantees of the developers as an avenue to remedy this situation. Ms. Scherer agreed, but commented that due to the extensive time
that this could take, another avenue should be in place to deal with the situation while litigation is being pursued. Mr. Kinney replied that the developers’ financial situation has
been analyzed and the Council would be directing the City as how to move forward. Mr. Lowry also suggested that the Common Council be provided with the reports distributed to the Plan
Commission as well as figures that would show a comparison of the financial affects of using the TID donor funds or the general fund revenues. Mr. Kinney responded that he would speak
with Ehlers & Associates to have them put together an analysis of these figures, which would be distributed to the Council members prior to the Common Council meeting next week.
Plan Commission Minutes 9 September 4, 2007 Motion by Propp to approve the project plan and allocation amendments to TID #7 and #9 with the following condition: 1. The Common Council
be provided with the financial information that would compare the impacts of either using TID donor funds or using general revenue funding. Seconded by Fojtik. Motion carried 6-1-1.
Ayes-Fojtik/Lowry/Propp/Scherer/Thorkildsen/Dell’Antonia. Nays-Esslinger. Present-Bowen. There being no further business, the meeting adjourned at approximately 5:53 pm. (Thorkildsen/Scherer)
Respectfully submitted, Darryn Burich Director of Planning Services