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PLAN COMMISSION MINUTES APRIL 19, 2005 PRESENT: Bryan Bain, Shirley Mattox, Kathy Propp, Cathy Scherer, Don Simons, Jeff Thorkildsen, John Weinsheim, and Lee Bettes, Chairman EXCUSED:
David Borsuk, Jon Dell’Antonia, and Steve Gehling STAFF: Darryn Burich, Director of Planning Services; Matt Tucker, Associate Planner; Jackson Kinney, Director of Community Development;
and Vickie Rand, Recording Secretary The meeting was called to order at 4:00 p.m. by Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of April 5, 2005
were approved as mailed. (Thorkildsen/Scherer) Unanimous. I. CONSENT AGENDA A: PRIVILEGE IN STREET FOR MONITORING WELL PLACEMENT IN THE W. 6TH AVENUE RIGHT-OF-WAY Bay West Inc. and Anderson
Logistics Inc., petitioners The petitioners are requesting to install one flush mounted groundwater monitoring well in the W. 6th Avenue right-of-way to evaluate groundwater concentrations
upgradient of a former underground storage tank site at the Jeld-Wen Window & Door Factory located at 228 W. 6th Avenue. The monitoring well would be placed in the sidewalk near the
area where W. 6th Avenue intersects with Minnesota Street. The well will be in place for approximately 20 to 30 years and then abandoned. B: MODIFY EXISTING/GRANT EASEMENT ON CITY PROPERTY
TO WISCONSIN PUBLIC SERVICE CORPORATION/RIVERSIDE PARK -Department of Community Development The Department of Community Development is requesting that an easement be granted to Wisconsin
Public Service Corporation (WPSC) in an area north of the Fox River and west of Court Street in the area of Riverside Park. The easement area may be used in the future by WPSC for staging
work associated with sediment remediation. Mrs. Scherer questioned if remediation of the site was an ongoing process. Mr. Kinney, City of Oshkosh Director of Community Development, 215
Church Street, stated it is not an ongoing process, and sediment remediation has not been done in this area. He stated at the time of the Purchasers Agreement it was recognized that
there might be a need for sediment remediation on the site, and an easement was made available.
Plan Commission Minutes -2-April 19, 2005 Ms. Mattox questioned how extensive the staging area was. Mr. Kinney stated the staging area consisted of property east of Court Street and
north of the river. He explained that WPSC has agreed to an alternative staging area to the west of Court Street of approximately 60,000 square feet, which is similar to the size of
the last easement. Ms. Mattox questioned if one area was more contaminated than the other area. Mr. Kinney stated he wasn’t sure of the area to the west of Court Street. He stated he
didn’t believe there were any environmental issues related to the new easement area, but that they would make sure that area was cared for as needed. C: CERTIFIED SURVEY MAP IN THE MARION
ROAD/PEARL AVENUE REDEVELOPMENT AREA -Department of Community Development The Department of Community Development is requesting approval of a certified survey map (CSM) in the Marion
Road/Pearl Avenue Redevelopment area that will allow for continued implementation of the approved Project Plan. Mr. Burich handed out an amended CSM that showed the entire parcel with
the proposed roads for the site.Motion by Simons for approval of the Consent Agenda subject to the following conditions for Item A: 1) The monitoring well be installed in a manner that
is approved by the Department of Public Works with no modifications or changes in construction procedure without prior approval by the Department of Public Works. 2) If no longer needed
the well be properly abandoned and removed in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem that may arise as a result of the
placement of the well be the responsibility of the petitioner/owner to correct in coordination with the Department of Public Works. 4) All appropriate permits be obtained prior to the
start of placement of the well. 5) The 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 street within ten (10) days of notice. 8) The petitioner/owner execute a hold harmless agreement with the City. Seconded by Scherer. Motion carried 8-0.
Plan Commission Minutes -3-April 19, 2005 II: EXTRATERRITORIAL 20 LOT PRELIMINARY PLAT /STONEBROOK FIELDS SUBDIVISION (TOWN OF VINLAND) -Jay Boss, petitioner, Boss Farms Inc., owner
This item was laid over from the Plan Commission’s March 1, 2005 meeting at the request of the petitioner’s attorney, Douglas Marone, to allow for a written response to the original
staff report. That response in included with this staff report as well as a staff analysis of Mr. Marone’s letter. Changes to the original text of the staff report are in bold font at
the end of each section. The petitioner/owner is requesting approval of a 20 lot extraterritorial Preliminary Plat in the Town of Vinland involving an approximate 46.3 acre subject parcel
of land. The purpose of the plat is to create a residential subdivision. The subject parcel is part of approximately 280 acres of contiguous agriculturally used lands owned or controlled
by Boss Farms in the area of which the majority of lands appear to be enrolled in the Farmland Preservation program. Mrs. Scherer questioned how many acres would be included in the concept
plan. Mr. Burich replied that he believed 160 acres would be in the concept plan and pointed out the area on the map displayed. Raymond Batley, Town of Vinland Chairman, 1519 Cowling
Bay Rd., Neenah, referred to a map of the City’s growth area he had recently seen in the Oshkosh Northwestern for the next 30 years which just touched the borders of Indian Point Road
and Brooks Road. He also pointed out that the Town of Vinland has recently passed a Subdivision Ordinance and both the Town of Vinland Plan Commission and Town Board have approved the
Stonebrook Fields Subdivision Plat. Barbara Boss, 3192 Brooks Road, stated the farm has been in the family since the 1860’s and they are the last family members to operate the farm.
She stated this plat has come about because of their concern of what would happen to the farmland. She stated her health has been a crucial issue and they wanted to leave a legacy for
future generations. She stated 30 % of green space, large lots, ponds, bridges, walking trails and many special amenities have been put into the design of this subdivision. She stated
they wanted to leave something special behind that they could be proud of and people would be proud to own. Chuck Farrey, Town of Vinland Supervisor, and Winnebago County Board member,
4814 County Road GG, Oshkosh, stated he would like to read from a letter received in Feb. of 2005 from the WI Department of Administration, which was basically the Governors Report summarizing
the budget. He stated some points made in the report coincide with the decision to be made here today. He read about the property tax freeze, the cooperation needed between communities,
City growth, services, and the benefits of growth for the City and Townships. (Document on file in the Department of Community Development.) He stated approval of this plat would be
in the best interest of the City of Oshkosh and the Town of Vinland, and encouraged the Plan Commission’s approval. Jay Boss, 3192 Brooks Road, stated the Farmland Preservation was more
of a tax benefit than the preservation of farmland. He stated the program started in 1980 when the farm crisis hit to help farmers pay their taxes. He stated they receive $600.00 per
year when they comply with the requirements.
Plan Commission Minutes -4-April 19, 2005 Mr. Boss stated his expenses to date for the creation of this subdivision has been approximately $70,000 – $80,000. He stated he had received
clearance from the Township and the County to plat a smaller subdivision. Mr. Boss also stated they decided to develop the farmland because of their health, their age, and the lack of
family to run the farm in the future. He stated he has a contract for an 8-year project to sell clay from his land that will leave a sizeable lake. He stated it would sustain its own
ecosystem, and provide aesthetic value and residential appeal to the property. Mrs. Propp questioned if Mr. Boss’s reasons for not platting the entire farm were because of a financial
burden or because the Town of Vinland was restricted to approving 160 acres per year for subdivision plats. Mr. Boss stated both reasons applied. Ms. Mattox questioned if he planned
to develop the entire 300 acres for residential use. Mr. Boss stated he hoped to be able to accomplish that during the next 15-20 years. He stated he hopes to be able to see at least
160 acres developed and stated he is already getting inquiries from people interested in constructing homes in the area. Fred Sweed, Civil Engineer -Madison, hired by Boss Farms, pointed
out the concept plan area on the map displayed to be due east and south to Brooks Road. Mr. Sweed stated the size of the plat was the result of the Town Ordinance to accept only 160
acres to be platted per year. He stated they reserved a slot for Stonebrook Fields Subdivision and has worked with the Town of Vinland regarding the quality of the plat. He stated the
Staff Report was correct in stating the entire area contiguous to the plat that is owned by the subdivider was not included in the Preliminary Plat and this was because of the limitation
in the Town of Vinland’s Ordinance to only approve 160 acres per year. Mr. Sweed stated the Boss’s wouldn’t be able to submit a bigger plat. He stated what you see is a quality project
that exceeds ordinance standards, as the Boss’s desire. He stated the water would enhance the area making a pleasant development with a rural flavor. He stated the surrounding area is
being developed and it’s not a leapfrog approach. He stated the property is adjacent to a subdivision an industrial park and a transportation corridor. He stated this subdivision respects
the City’s vision to maintain a rural character of the area, and noted that this land was logical to develop and the Town Board believes it is reasonable growth Mr. Sweed also stated
the owner would have a financial burden to develop the entire area at this time. He stated Mr. Boss is self-funded and it would cost 10’s of thousands of additional dollars to draw up
a plat of the entire area, which seemed unreasonable since the land would not be occupied for many years. Mrs. Propp questioned if the Town of Vinland has any plans for a sewer system
in lieu of mound or septic systems as mentioned in the report. Mr. Sweed stated he didn’t know of any plans for a sewer system in the Town. Mr. Batley stated if there were a Boundary
Agreement between the City of Oshkosh and the Town of Vinland it would include utilities. Mrs. Propp stated the reason for asking for a full preliminary plat is to approve the street
layout, as there is no rational for the streets with this plat.
Plan Commission Minutes -5-April 19, 2005 Mr. Sweed stated he understands the full details haven’t been submitted, however, the intent is to do a quality development with safe ingress
and egress. He stated it is a matter of the Town’s requirements compared to the City’s requirements, and the financial burden of providing a complete preliminary plat. Doug Marone, 107
Church Avenue, Attorney for the Boss’s, stated that platting the rest of the lands would not have provided much additional information. He stated that land probably wouldn’t be developed
for such a long that many changes could take place. He stated this is an extraterritorial area of the city with no services needed from the City at this time. He stated the general issue
is whether or not it is consistent with the Comprehensive Plan, which is not clear on what the intended use is for rural preservation. He questioned if it was to provide resources for
farmers markets or to keep the rural nature of the land. He stated the potential is there for the future of a rural subdivision that offers a large amount of green space with water features.
He stated this is not a direct conflict of the Comprehensive Plan. He stated there has not been good communication between the Town of Vinland and the City of Oshkosh and a boundary
agreement is needed so proposals of this nature don’t have a negative effect on property owner’s such as the Boss’s. He urged the Plan Commission to approve of this request. Mr. Bain
referred to page 2 of the Staff Report and noted that the Town of Vinland Subdivision Ordinance has a requirement to show the entire contiguous area controlled or owned by the developer
unless waived by the Town Board, and questioned if this was the case. Attorney Marone stated he didn’t know if the issue had been waived, but the plat had been approved by the Town Board.
Mr. Bain also referred to page 5 of the Staff Report where it mentions the Town’s most recent Updated Land Use Plan 2002-2020 (adopted January 14, 2002) identifies the subject area as
“agriculture”, and asked if the proposed subdivision would comply with the Updated Land Use Plan. Attorney Marone stated the subject area is shown with an A-2 zoning classification on
an older Ordinance Map, however the updated map shows this area broken into areas that are expected to be developed as R-1 or R-2 which is consistent with the ordinance. Jim Wollerman,
4531 County Road G, Town of Vinland Supervisor, stated the Town of Vinland has a plan where the intercore of the town stays as agricultural land. He stated land currently zoned A-2 is
growth area that would be rezoned as an R-1 or R-2 residential district where new homes could be built. He stated the Town doesn’t have a lot of income and they are trying to keep a
rural area, but if they don’t grow they will die. He questioned if it was fair for a farmer, in this case 2 people, to have to submit every part of the plan at this time when it won’t
be developed for years. He questioned if it was fair for the owners to receive only the agricultural value of the land when it is sitting in an area to be developed as residential. He
stated the Boss’s have followed the Town of Vinland rules in an effort to make an income, and this should be able to fit into the general plan for the City of Oshkosh. He asked the Plan
Commission to consider if the Boss’s should receive a fair price for their land. Mr. Batley stated he keeps hearing the term “rural preservation”, and he wanted to clear up the matter
that the Town looks at property zoned A-1 to be classified as a land preservation use in which farmers could receive a tax benefit. He stated the Boss’s land is classified as A-2 general
agricultural district. He stated when they laid out their Land Use Plan they looked at land in A-1 and A-2 classifications to be developed according to the Subdivision Ordinance.
Plan Commission Minutes -6-April 19, 2005 Mr. Bain questioned if a waiver had been given from the Town of Vinland for the Boss’s to forego platting the entire contiguous area. Mr. Batley
called upon Bob Weber to answer Mr. Bain’s question. Robert Weber, 1576 Nelson Court, Neenah, Town of Vinland Zoning Administrator, Plan Committee member, stated the Boss’s did receive
a waiver to only plat a portion of their land, and a Preliminary Plat was approved by the Town’s Plan Commission. Chairman Bettes questioned why they would give a waiver of that nature,
and why they didn’t want to know how the entire plat would be laid out. Mr. Weber stated they received a waiver because the Town of Vinland didn’t allow more than 160 acres to be platted
per year. He stated they had an idea of the overall picture of what the Boss’s wanted to develop. He stated they had gotten a permit to sell clay and were aware of the ponds that would
be created. Mr. Bain questioned if the Boss’s could receive a waiver to develop more than 160 acres per year. Mr. Weber stated they could have requested a variance to do so. Mrs. Scherer
questioned if there were standards the Plan Commission needed to follow in order to grant a waiver so the entire area contiguous to the plat didn’t need to be included in the Preliminary
Plat. Mr. Burich replied there were no standards; it was reviewed case by case. Mr. Bettes stated the issue to be considered is the appropriate land use and the Plan Commission can’t
guarantee approval of a plat even if the entire area is platted. Mr. Bain questioned if the City or the Department of Community Development has given any thought to people who wish to
have a bigger lot seeing that is not available within the City boundaries. Mr. Burich stated in the Boundary Agreement with the Town of Algoma the City has ceded its extraterritorial
platting jurisdiction in the protected area where such lots could be created. Mrs. Scherer reiterated the need for boundary agreements with the surrounding townships and didn’t want
to set a precedent by approving this request. Mr. Thorkildsen stated they needed to maintain the consistency of the Comprehensive Plan. He stated he likes the proposal, however, they
have to consider the future growth of Oshkosh. Mr. Weinsheim stated he was sympathetic with the Boss’s situation and felt it was a well thought out plan. He stated they want a waiver
from the City of Oshkosh when they could have gotten a waiver to develop the entire area from the Town of Vinland. He also stated the plat is not contiguous with a residential development
and did not want to create a residential island. He also stated the City has just gone through a 3-year process to update the Comprehensive Plan and created Land Use Maps for 10-20 years.
He stated this is not close enough to a current development and he agrees with Mrs. Scherer to place an emphasis on the need for boundary agreements with the surrounding area. Mr. Weinsheim
also stated he appreciated the Town and County officials that have attended the meeting today, but he is not comfortable with supporting this request.
Plan Commission Minutes -7-April 19, 2005 Mr. Simons stated he agreed with Mr. Weinsheim, and he asked if a boundary agreement had been made would it solve this situation. Mr. Burich
stated he couldn’t answer that at this time since there is no boundary agreement. Mr. Simons questioned if there has been any attempt for an agreement on either side. Mr. Kinney stated
he hasn’t sat down with representatives from the Town of Vinland. He stated the City is currently meeting with the Town of Nekimi and will be meeting with the Town of Black Wolf in the
near future. He stated is willing to meet with the Town of Vinland regarding an agreement. Chairman Bettes questioned how long it takes to negotiate an agreement. Mr. Kinney stated that
would depend on a mutual understanding of issues and willingness to compromise. He stated hopefully it would be settled in a matter of months. He stated the City has a good feel for
the growth area needed, and they are interested and willing to meet with the Town of Vinland. He stated the City needs to look for consistency with the Updated Comprehensive Plan to
be clear what land is designated for rural preservation until it is ready for urban development. He stated he is sympathetic for the property owners and is looking forward to working
with the Town. Ms. Mattox stated the proposed plat appears to be very pretty, but it is not smart growth for the City. She stated the problem here is the human factor and their financial
situation, but the plan factor doesn’t fit with the City’s plans for growth. Ms. Mattox stated it would be best for the Town of Vinland to waive the 160-acre limit to see how all this
property will tie together and how services will be handled. Mrs. Propp stated she is also sympathetic for the property owners and wishes the City could support this proposal. She stated
this proposal is adjacent to a commercial development and a similar subdivision to the east, but she is not uncomfortable with the concept plan and doesn’t necessarily need to see a
plan for the area south of Brooks road, however the 160 acres is the problem. Mr. Bain questioned staff how they came up with this area for rural preservation. Mr. Burich stated they
looked at residential growth projections for the City into the future to determine how much land should be identified for residential purposes. Mr. Bain stated he feels bad he can’t
support this proposal and that is why he questioned earlier where this type of development is offered for people who would like a larger lot. He stated the Comprehensive Plan is a well
thought out plan and they do have to keep in mind the smart growth plan for the City of Oshkosh, therefore he couldn’t support the proposal at this time. Chairman Bettes stated there
are many issues in the reports received that are irrelevant to the Plan Commission such as how much land is being developed, a concept plan for the area, financial hardship, or litigation
proceedings. He stated the issue is land use. He stated the area is clearly an agricultural area and it appears that a leapfrog affect would need to take place to develop lands out that
distance from the City. He stated the Town and the City must have a boundary agreement for agriculture and rural development. Motion by Bain for approval of the 20 Lot Extraterritorial
Preliminary Plat in the Town of Vinland involving an approximate 46.3 acre subject parcel of land to create a residential subdivision known as Stonebrook Fields Subdivision. Seconded
by Thorkildsen. Motion denied 0-8.
Plan Commission Minutes -8-April 19, 2005 Chairman Bettes stated the proposal will go before the Common Council on Tuesday, April 26, 2005 with the Plan Commission’s recommendation.
III: PUBLIC HEARING ON AMENDMENT NO. 1 TO TAX INCREMENT DISTRICT #8 SOUTH AVIATION INDUSTRIAL PARK – Department of Community Development Prior to taking action on the proposed amendment
to the project plan and boundaries of Tax Increment District (TID) # 8, the Plan Commission is to hold a public hearing and take comments concerning the proposed amendment. The Department
of Community Development requests approval of Amendment No. 1 to Tax Increment District #8 South Aviation Industrial Park. The TID was originally created in 1991 for the purpose of developing
the South Aviation Industrial Park through acquisition of land and construction of infrastructure improvements in the park. The district encompasses approximately 256 acres and is valued
at about $23 million with $13 million in increment value. Chairman Bettes questioned what the Plan Commission’s main focus on TIF Districts should be. Mr. Kinney stated the Plan Commission
should look at the TIF Districts as a fundamental tool for industrial development and redevelopment development, and if a TIF District will help facilitate this development. Chairman
Bettes stated the TIF Districts play an integral part in the City of Oshkosh and many people have misunderstandings about their use. He asked Mr. Kinney to explain the TIF role in more
detail to educate the general public. Mr. Kinney stated that State legislation allows TIF Districts to be utilized as a tool to promote, enhance and support industrial development in
the City. He continued to explain the process in more detail in regard to development being consistent with the Comprehensive Plan and the effect it has on property taxes. Mr. Bain stated
in this case $259,000 is being spent by the City to facilitate a major expansion to the Oshkosh Truck New Product Development Center and questioned how long it would take for that to
to be paid back. Mr. Kinney stated it is estimated to generate approximately $100,000 in increment a year, therefore it will take 2 1/2 years to offset the project costs of the City.
Mr. Weinsheim questioned the institutional use to the east, and the relocation of the City sewer as he wouldn’t like to see the sewer have to be moved again as development occurs. Mr.
Burich stated a cemetery was located to the east and development of the area was basically complete, therefore the sewer line shouldn’t need to be relocated again once this project is
done. Mrs. Mattox stated this is consistent with the economic development goals in the Comprehensive Plan and Oshkosh has an educated work force to support this expansion. Chairman Bettes
opened the public hearing portion for Amendment No. 1 to Tax Increment District #8 South Aviation Industrial Park. There being no comments from the public the public hearing portion
for Amendment No. 1 to Tax Increment District #8 South Aviation Industrial Park was closed.
Plan Commission Minutes -9-April 19, 2005 Motion by Propp to approve the boundaries of Amendment No. 1 to TID #8 Project Plan and recommend approval of the TID boundaries and Project
Plan to the Common Council. Seconded by Weinsheim. Motion carried 8-0. IV: PUBLIC HEARING ON AMENDMENT NO. 3 TO TAX INCREMENT DISTRICT #13 MARION ROAD/PEARL AVENUE REDEVELOPMENT PROJECT
– Department of Community Development Prior to taking action on the proposed amendment to the project plan and boundaries of Tax Increment District (TID) # 13, the Plan Commission is
to hold a public hearing and take comments concerning the proposed amendment. The Department of Community Development requests approval of Amendment No. 3 to Tax Increment District #13
Marion Road/Pearl Avenue Redevelopment. The TID was originally created in 1998 for the purpose of redeveloping the 30+ acre Marion Road area that contained a number of blighted and underutilized
properties. The TID was subsequently amended in 2000 to add territory to the district that that expanded it to Jackson Street and the Fox River and again in 2003 to allow the RDA to
allow continued implementation of the Project Plan. Mrs. Propp stated only 4 amendments are allowed to a TIF District and questioned if further riverfront development would be added
to this TIF or if another TID District would be created. Mr. Burich stated TIF Districts can overlap, and most likely another TID District would be created in that area. Mr. Weinsheim
questioned if the City will have to use its authority for eminent domain. Mr. Burich stated eminent domain hasn’t been needed, although the City does have that authority to use eminent
domain in a redevelopment area. Ms. Mattox questioned who is responsible for relocating residents in a redevelopment area. Mr. Burich stated staff relocates people according to State
or Federal regulations. Chairman Bettes opened the Public Hearing portion for Amendment No. 3 to Tax Increment District #13 Marion Road /Pearl Avenue Redevelopment Project. There being
no comments from the general public Chairman Bettes closed the Public Hearing portion for Amendment No. 3 to Tax Increment District #13 Marion Road /Pearl Avenue Redevelopment Project.Motion
by Simons for approval and recommendation of Amendment No. 3 to Tax Increment District #13 to the Common Council for approval. Seconded by Thorkildsen. Motion carried 8-0. OTHER BUSINESS
Chairman Bettes stated that earlier today the Common Council held a reorganization meeting and the Plan Commission currently has two Council members serving on the Commission and would
like them to remain on the Plan Commission if there weren’t any objections.
Plan Commission Minutes -10-April 19, 2005 Mr. Burich stated he would need to review the Municipal Code in this case. Chairman Bettes stated the Municipal Code allowed three Council
Members, and he has discussed this with the new Mayor. Chairman Bettes called for a voice vote on acceptance of two Council Members to continue servicing the Plan Commission. Unanimous.
Mr. Burich noted that staff would review the Municipal Code further to ensure there were no conflicts with the number of Council members serving on the Plan Commission. There being no
further business, the meeting adjourned at approximately 5:43 p.m. (Thorkildsen /Simons). Unanimous. Respectfully submitted, DARRYN L. BURICH Planning Services Director DLB/vlr