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PLAN COMMISSION MINUTES JANUARY 17, 2006 PRESENT: Lee Bettes, David Borsuk, Thomas Fojtik, Steven Gehling, Shirley Mattox, Jeffrey Thorkildsen, and Vice Chairman Cathy Scherer EXCUSED:
Kathleen Propp, John Weinsheim, and Jon Dell’Antonia STAFF: Darryn Burich, Planning Services Director, David Buck, Zoning Administrator /Associate Planner, Kristi Bales, Principal Planner,
Jackson Kinney, Director, Department of Community Development, and Vickie Rand, Recording Secretary Vice Chairman Scherer called the meeting to order at 4:00 p.m. Roll call was taken
and a quorum declared present. The meeting minutes of January 3, 2006 were approved as mailed. (Thorkildsen/Fojtik) Unanimous. I: APPROVAL OF THE FOX RIVER CORRIDOR RIVERWALK PLAN AND
DESIGN GUIDELINES Kristi Bales, Principal Planner, gave a PowerPoint presentation on the Fox River Corridor Riverwalk Plan and Design Guidelines that mentioned the workshop held on January
3, the plan, and history of documents over the last 3 decades that have included plans for a a riverwalk. Ms. Bales continued with showing the nine zones planned for the riverwalk between
the Wisconsin Street Bridge and the Canadian National Railroad Bridge, on both sides of the river to Lake Winnebago. Ms. Bales made note of the riverbank treatments and remarked that
this was a key issue of the workshop. The PowerPoint presentation showed the existing conditions, the proposed treatments and the segments where either a steel sheet pile wall or rip-rap
would be used based on the existing river edge condition and current and proposed land uses. Ms. Bales indicated additions to the Riverwalk Plan included in the Plan Commission packets
for environmental considerations, and noted an important goal of the plan is for the public to have access to the water as much as possible. Ms. Bales’ presentation continued with the
proposed landscaping. She stated the landscaping materials selected should require relatively low maintenance, and have the ability to survive in extreme conditions. She stated trees
would would be used for shading of the path and shading over the water for fish habitat. Ms. Bales stated a variety of plantings would be used in compliance with the zoning ordinance.
She also stated the types of trees used would be coordinated with the adjacent property owners to interact with their landscape design. Ms. Bales also stated there would be three areas
where the riverwalk would be set back from the water located in the Steiger Park area, the Jeld-Wen “west” area, and the South Shore east Zones, yet keeping the visibility of the water.
Plan Commission Minutes -2-January 17, 2006 Mr. Gehling requested Ms. Bales to review the boat docking features of the plan. Ms. Bales stated that finger docks are placed throughout
the Riverwalk Plan using floating and fixed docks. She stated the only floating docks would be located at Riverside Park. Ms. Bales also explained the 200’ navigational channel the City
has maintained, as shown in the PowerPoint presentation, that offers a lot of docking opportunities for future construction. She also stated a material guideline is included for construction
of the docks. Ms. Mattox noted she was glad to see benches included in the plan and questioned if they were in proximity to shade trees. Ms. Bales replied that canopy and shade trees
are located near benches and trash receptacles. Mr. Fojtik questioned the process for approval of the Riverwalk Plan. Ms. Bales stated after receiving a recommendation from the Plan
Commission it will go on to the Common Council for action on January 24th. Ms. Bales stated if the the plan is approved by the Council the future role of the Plan Commission would be
to approve design schematics that would come before the Plan Commission as construction proceeds. She also mentioned the Riverwalk Plan has been approved by the Redevelopment Authority
on November 17, 2005 and by the Parks Advisory Board on January 9, 2006. Ms. Mattox questioned the housing proposed for the South Shore West Zone. Ms. Bales stated riverfront condominium
housing is proposed as well as some traditional single family housing in the Michigan Street and 4th Avenue areas. Vice Chairman Scherer questioned what the actual time line is for development
of the riverwalk. Ms. Bales stated the development schedule would vary as the areas develop. She stated the Pioneer Inn and Five Rivers developments are underway and the riverwalk should
be constructed in those areas during 2006 & 2007. She stated it would be approximately 7-9 years before the riverwalk is completed. Vice Chairman Scherer urged the construction of handrails
as soon as possible in Riverside Park. Ms. Bales stated funds for a railing will be included in a grant application to the Waterways Commission and Department of Natural Resources along
with 50% of the costs of the floating docks, and they should hear if funding is granted by April or May. Dennis McHugh, 1220 Greenfield Trail, questioned if the City would be purchasing
a 30’ right-ofway by the Pioneer Resort and also questioned why floating docks were being used at Riverside Park. Ms. Bales stated the City would not be purchasing right-of-way as they
have been able to get an easement in that area. Ms. Bales also stated that floating docks are used at Riverside Park because of issues that need to be worked out yet with the former
owners. Mr. Gehling stated that the Riverwalk Plan integrates a lot of elements of the Comprehensive Plan such as a pedestrian and bike path, plans for the University of Wisconsin Oshkosh
to be more connected with the City, recreation, natural resources and tourism. He stated the the City hasn’t taken it for granted that the public doesn’t have access to the river but
has been planning for years to make the river more accessible. He stated the riverwalk would add to the redevelopment and access of the downtown. He stated it is a very good, although
complex plan that has integrated many elements of the Comprehensive Plan and has his support.
Plan Commission Minutes -3-January 17, 2006 Mr. Borsuk stated he appreciates the efforts of the staff and the consideration of the environmental elements associated with the plan. He
also encouraged flexibility in the plan in the Pioneer Resort area. Mr. Bettes congratulated staff for completion of a major plan and noted the effort for public involvement. He stated
public relation work will need to continue for the community to realize the development occurring on both sides of the river. Motion by Thorkildsen for approval of the Fox River Corridor
Riverwalk Plan and Design Guidelines as found to be consistent with the City of Oshkosh’s Comprehensive Plan. Seconded by Gehling. Motion carried 7-0. Vice Chairman Scherer also agreed
with Mr. Borsuk and Mr. Bettes and expressed her thanks to the staff for their work on the Fox River Corridor Riverwalk Plan and Design Guidelines. She stated this is an exciting plan
for the City and one that will open up the waterways for the public to enjoy. II: PUBLIC HEARING ON TAX INCREMENT DISTRICT #21 FOX RIVER CORRIDOR PROJECT The Department of Community
Development requests approval of Tax Increment District (TID) #21 Fox River Corridor Project Plan. The TID is being created for the purpose of blight elimination and to promote redevelopment
of properties within an approximate 26 acre area of the Central City bounded generally on the south by the Fox River, on the north by Pearl Avenue, and on the east by Jackson Street.
Mr. Burich introduced the item and clarified statements made in the Oshkosh Northwestern that the plan would assist construction of two 51-unit apartment buildings south of Pearl Avenue
proposed by Concord 30 LLC. Mr. Burich noted the TID would not be supporting the construction of the apartment buildings, but money has gone towards the site preparation for development
of the parcel. Mr. Burich continued with a PowerPoint presentation on the TID #21 Fox River Corridor Project. Mr. Burich explained how a TIF or TID District works and that the money
would be used for activities such as site preparation, remediation, land acquisition, and extension of the riverwalk. Mr. Burich also explained the maps included in the Plan Commission’s
packet. Mr. Gehling stated that he understands the TID is set up to allow the City to have funds to recondition land for new development, however, he questioned what happens to a TID
when the new development has paid off the loan. Mr. Burich explained that once a TID has been paid off the money goes on the City’s property tax rolls which should happen in 27 years.
Mr. Gehling stated in fact that the new development would pay off the loan and improve the value of the property. Mr. Burich stated that the TID would dissolve in 2032 and approximately
be worth 96 million dollars. Vice Chairman Scherer questioned what dictated the size of the south side of TID #21. Mr. Burich pointed out on the map in the PowerPoint presentation the
boundaries of other TID’s in the area and the boundaries of the TID #21 to provide landscaping, the trail system and a buffer from the industrial uses in the area.
Plan Commission Minutes -4-January 17, 2006 Vice Chairman Scherer also questioned if there was a limit of the number of TID’s for communities. Mr. Burich stated there is a limit of 12
percent of the realized value of the community and Oshkosh is in the 5-6 percent range at this time. Ms. Mattox questioned how the South Shore piece was included in the TID #21, and
if it needed to be contiguous to the other areas of the TID. Mr. Burich stated a river or street acts as a link within a TID. Vice Chairman Scherer opened the public hearing portion
of the meeting at this time. Carl Sosnoski, 2475 Knapp Street Road, stated he had several questions for staff. He asked how much money the City has already spent in this TID, how much
tax revenue the property brought in, how much revenue the City has lost, and when the City will be out of debt and realize a gain. Mr. Sosnoski further questioned who was drawing up
the legal documents for the property, and stated attorney’s need to be hired to assist in this process, as 1 1 North Main Street was not handled correctly. He also questioned why the
TID should be stretched out for 27 years. He stated the creation of another TID should be put off at this time for Oshkosh to complete other improvements that are needed. Mr. Burich
stated most of the land acquired for this project was done using TID #13. He stated money would be used from TID #21 for the purchase of Mercury Marine property. Mr. Burich also stated
he didn’t have the figures on hand to answer other financial questions at this time. Mr. Burich stated an attorney has been contracted to work with the Redevelopment Authority and the
City Attorney to draft legal documents of this type. He stated the financing is amortized out as far as allowed and the limit is 27 years. Mr. Borsuk questioned if financing, in this
case, was part of the Plan Commission’s consideration. Mr. Burich stated the first goal of the Plan Commission is to look for consistency with the Comprehensive Plan and goals of the
community. He stated the Plan Commission has approved the Five Rivers Development Plan and the development plans for Parcel G on Pearl Avenue. He stated the Plan Commission is generally
charged with land use issues. He stated general comments can be made, however, the main goal of the Plan Commission is not to discuss the financial aspects. Jackson Kinney, Director
of Community Development, City of Oshkosh, responded to Mr. Sosnoski’s question about the property tax revenue. Mr. Kinney stated there is a face value that was determined from pre-existing
uses and it continues to exist. He stated the money from the area currently goes to cover the tax base dollars in the TID #13 overlap area. Mr. Burich gave an example of the vacant Cook
and Brown site having the same value as before the TID was created with the tax money going to the various taxing entities. Christy Weiss, 2020 Parkside Drive, questioned how much money
would be going towards the acquisition of the Mercury site and if negotiations were still going on.
Plan Commission Minutes -5-January 17, 2006 Mr. Kinney stated the City was still in negotiations with Mercury. He stated the dollar amount would be within the amount listed for acquisition
of that property in the TID Plan. Mr. Kinney stated the City hopes to have an agreement with Mercury in 30-45 days at which time it will be public information. Carl Sosnoski stated Mercury
is holding the cards in this case, as they know the City wants that property for the Five Rivers Development. He stated the committee and the City of Oshkosh deserve an answer as to
the true cost of TID #21. Vice Chairman Scherer stated that question couldn’t be answered this evening, and noted this might not be the right forum for that question. Mr. Burich stated
that actually two TID’s are involved in this redevelopment project, as TID #13 was used to acquire many of the properties involved. Mr. Kinney stated the City knows the cost of the project
as all land acquisitions and other necessary expenditures to prepare the land for development have been approved by the Common Council prior to the creation of the Redevelopment Authority
and is public information. He stated he doesn’t have those figures on hand at this time. He stated the money from TID #13 was used for many of those expenditures up until this point.
Vice Chairman Scherer closed the public hearing portion of the meeting as this time. Ms. Mattox questioned the overlapping of the TID’s and questioned if TID #13 was basically used for
purchase of property. Mr. Burich stated TID #13 was used for acquisition and clearance of the land. Ms. Mattox question why this new area under TID #21 wasn’t put into TID #13. Mr. Burich
stated additional land was needed for the Five Rivers development, therefore TID #21 was created to pay for the improvements needed. Mr. Bettes questioned why the land needed for the
Five Rivers development wasn’t folded into TID #13. Mr. Burich stated that TID #13 had already been amended the number of times allowed by State Statutes. Mr. Kinney added that the overlap
of TID’s related to vacant land and vacant parcels in TID #21. He stated overlapping of TID’s was not unusual. He stated the value of the land in TID #21 could support the improvements
in the Fox River Corridor. Vice Chairman Scherer had more questions regarding the overlapping of TID’s, and if the money collected could be used outside of that TID. Mr. Kinney explained
how the costs are related, but how the money collected in a specific TID is used to pay for improvements in only that district. Mr. Bettes stated review of the status of the TIF Districts
would be a good item to be reviewed in a workshop. Mr. Burich stated that was an annual operating issue.
Plan Commission Minutes -6-January 17, 2006 Mr. Kinney stated holding a workshop on the TID’s was a good idea and a report could be done providing the status of TID’s. Mr. Bettes stated
the public needs to be further educated on how TID’s work. Mr. Kinney stated the Oshkosh Northwestern does a good job reviewing the TID’s. He stated the use of TID’s is the number one
economic tool in the state, and certainly for Oshkosh, as there had been a number of jobs created that wouldn’t have happened without the use of a TID. Motion by Bettes for approval
of the boundaries of TID #21 and the TID #21 Project Plan, and to recommend approval of the TID boundaries and Project Plan to the Common Council. Seconded by Fojtik. Motion carried
7-0. NEW BUSINESS Mr. Burich stated a workshop would be held soon on the revisions of the Zoning Ordinance. There being no further business, the meeting adjourned at approximately 5:18
p.m. (Thorkildsen/Gehling). Unanimous. Respectfully submitted, DARRYN L. BURICH Director of Planning Services DLB/vlr