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PLAN COMMISSION MINUTES JULY 6, 2004 PRESENT: Bryan Bain, David Borsuk, Jon Dell’Antonia, Steve Gehling, Shirley Mattox, Cathy Scherer, Donald Simons, and Kathleen Propp; Vice Chairman
EXCUSED: John Ruppenthal, John Weinsheim, and Wm. (Lee) Bettes STAFF: Darryn Burich, Director of Planning Services; and Vickie Rand, Recording Secretary The meeting was called to order
at 4:00 p.m. by Vice Chairman Propp. Roll call was taken and a quorum declared present. The minutes of June 15, 2004 meeting were approved as mailed. (Bain/Dell’Antonia) Unanimous. I:
CONSENT AGENDA A: MODIFY PUBLIC ACCESS EASEMENT (ACCEPT AND VACATE) AT CITY CENTER City Center Associates LLC, petitioner/owner, is proposing to modify an easement granted to the City
of Oshkosh for access purposes to the City’s parking ramp attached to the Park Plaza Hotel. The actions involve vacating the majority of the existing access easement and accepting a
new easement area. The existing access easement is located adjacent to the ramp that led to City Center’s parking ramp that has since been removed. The northernmost easement was an entrance
and the southern an exit. The proposed easement is 30 feet wide and reduces to 22 feet in width in the area that directly accesses the ramp. Mr. Dell’Antonia questioned if the existing
driveway will take the place of the parking ramp. Mr. Burich stated that was correct. Ms. Mattox questioned if the parking area was for public or private parking. Mr. Burich stated the
parking area was private parking for City Center. B: PRIVILEGE IN RIGHT-OF-WAY AND GRANT EASEMENT ON CITY PROPERTY FOR MONITORING WELL PLACEMENT Alpha Terra Science, petitioner for Gunderson
Cleaners, owner, requests a privilege in the right-ofway and an easement on City property to locate monitoring wells associated with an environmental investigation associated with the
facility located at 118 High Avenue. The work includes installation of five monitoring wells. Two of the wells will be located in the Grand Opera House parking lot just east of the Thompson
Studio building at 114 High Avenue. Two wells will be located in the grass strip area of the High Avenue parking lot on the south side of the street. One well will be located in the
alley on the north or rear of the Gunderson building. The monitoring well located in the alley requires a privilege in the right-of-way and the other four wells require easements because
they are on City property that is not right-of-way. Mr. Bain questioned if the petitioner was requesting placement for 5 or 6 wells. Mr. Burich stated the petitioner is requesting to
place 5 wells. He explained the other hole shown on the drawing was for a boring.
Plan Commission Minutes -2-July 6, 2004 Ms. Mattox questioned the size of the hole and how it would affect later repairs. Mr. Burich stated the hole would be 4-6” in diameter, and a
condition has been made for abandonment and removal in accordance with City standards under the direction of the Department of Public Works. Motion by Dell’Antonia for approval of the
Consent Agenda with conditions for Item B as follows: ITEM “B” 1) The monitoring wells 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(s) 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(s) 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(s). 5) The well(s) 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 Bain. Motion carried 8-0. II: JENNERMAN ANNEXATION FOR PROPERTY LOCATED AT 815 E. SNELL ROAD Jason and Jody Jennerman, petitioner/owners,
are proposing to annex an approximately .53 acre parcel of land from the Town of Oshkosh. The property is located at 815 E. Snell Road and contains a single-family dwelling. The property
is zoned residential under Winnebago County Zoning. Temporary and permanent zoning of R-1 Single Family Residence District has been requested. Mr. Gehling questioned if the zoning of
R-1 County would be R-1 in the City also. Mr. Burich stated the owners have requested zoning for R-1 Single Family Residence District.
Plan Commission Minutes -3-July 6, 2004 Mrs. Scherer questioned who pays for the hook-ups to the City sanitary sewer and water utilities. Mr. Burich stated the owner pays for hook-up
costs for utilities. The surrounding are was discussed regarding the zoning in the City and the Township agricultural land. Motion by Borsuk for approval of the Jennerman Annexation
for approximately .53 of an acre of land located at 815 E. Snell Road with temporary and permanent zoning of R-1 Single Family Residence District. Seconded by Dell’Antonia. Motion carried
8-0. III: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN APPROVAL TO PLACE ANTENNAS AT 736 ALGOMA BLVD (NELSON HALL) – Faulk & Foster, petitioner, University of Wisconsin, Oshkosh, owner Faulk
& Foster, petitioner for the University of Wisconsin – Oshkosh, owner, is requesting a conditional use permit/development plan approval to allow placement of antennas and an equipment
shelter on the rooftop at 736 Algoma Boulevard (Nelson Hall). The purpose of the antennas is to provide wireless service to residents in the area that cannot be provided from the Arts
and Communication building to the west. The antennas and equipment shelter will be placed inside of structures designed to blend architecturally with the main structure and will appear
similar to other rooftop structures in the area. The University is zoned residential with a PD overlay district that may permit antennas through the conditional use/development plan
approval process and a base standard modification to the Zoning Ordinance. Mr. Gehling questioned why the antennas couldn’t be located on top of the taller buildings such as the Arts
and Communications Building. Mr. Burich stated the ALLTEL Representative is in the audience and will have a chance to respond to that question. Mr. Dell’Antonia questioned if the shelters
would be a permanent structure, and if the antennas would come down, would the shelters remain. Mr. Burich stated staff prefers that it look permanent and a condition has been added
for the materials used to be approved by the Department of Planning Services prior to installation. Dave Marvin, Representative of Faulk and Foster, 2680 Horizon Drive, Grand Rapids,
MI, stated he was available to answer any questions the Plan Commission may have. He started by responding to the use of the Arts & Communications Building, which he stated is being
used to capacity by other antennas on the rooftop. He stated basically, the higher the building the better. He stated a new structure would be more expensive, therefore the best choice
they have found at this time is Nelson Hall. He stated ALLTEL would be willing to make any aesthetic improvements necessary. He also stated an alternative plan has been presented for
installing the electrical equipment inside the building, removing the shelter and screening the antenna with a heavy cloth fabric supported with a steel frame.
Plan Commission Minutes -4-July 6, 2004 Tom Sonnleitner, Representing UW-Oshkosh, stated perhaps the antenna wouldn’t need to be screened, as those on the Arts & Communications Building
are not screened. Mr. Marvin stated they strive to provide the best “state of the art” service and a circular type system works the best as they currently have antennas on the Mainview
Apartments at 530 N. Main Street. He stated the Arts & Communications building would be overburdened, therefore, Nelson Hall would be the best alternative. Mr. Borsuk questioned why
the Arts & Communications building couldn’t be used as he understood as many antennas as possible should be installed on one facility before using another. Mr. Marvin stated he would
discuss this more with his company and have something in writing before the item goes before the Common Council. He also stated he understood there would be too much of a burden on the
roof with the weight of the equipment and the shelter. Mr. Simons questioned if there would be more antennas added to the Nelson Hall building after this installation was complete. Mr.
Marvin stated the proposed number of antenna should be enough to provide adequate service to the City, and there shouldn’t be any more installed from ALLTEL. Mrs. Scherer questioned
why Scott and Gruenhagen Halls couldn’t be used, as she understood the taller buildings would provide better service. Mr. Marvin stated he would have that answer before the item goes
before the Common Council. Mr. Gehling questioned the weight and size of the equipment, and if there would be any issues with space or heat in regards to the residents that live in the
dormitories if this equipment were stored inside. He also stated he understood the higher the building the better on which to install antennas. Mr. Marvin stated the equipment is equivalent
to the size of a refrigerator, and there is room in Nelson Hall for the equipment without any danger to the residents. Mr. Gehling questioned if there would be any interference with
frequencies; being stored so close to the residents. Mr. Marvin stated the FCC awards frequency licenses; therefore there shouldn’t be any interference with other frequencies. He stated
they would correct any problems that may arise. Mr. Gehling questioned why Scott or Gruenhagen Hall couldn’t be used to handle the antennas. Mr. Sonnleitner stated that he understood
that in order for ALLTEL to provide service to these dorms, the antenna couldn’t be placed on the same rooftop. He stated the engineer’s have taken a look at the entire campus for the
best placement of the antennas. Mr. Sonnleitner stated he could get further documentation from ALLTEL as to their choice of Nelson Hall for the best reception. Mr. Borsuk questioned
if room would be available if another company wished to place their antennas on the roof of Nelson Hall as well. Mr. Sonnleitner stated there should be adequate room for more servers
as there are antenna sleds that would be provide adequate service and ample storage in the basement. He stated if they did did business with another server, they would try and locate
them on the same building. He stated they may need a third building but would work with the Planning Services staff to minimize the number of buildings used for antenna.
Plan Commission Minutes -5-July 6, 2004 Mr. Sonnleitner reiterated that he would look into the reasoning behind ALLTEL’s choice of Nelson Hall versus taller buildings on campus. Mrs.
Scherer questioned why the equipment needed to be located on the outer edge of the building as in the middle of the building it wouldn’t be as visible. Mr. Marvin stated antennas need
to be located at the edge of a building where concrete walls would not interfere with the signals. Mr. Gehling questioned if locating the equipment in the basement was a challenge and
questioned if locating the equipment on an upper floor wouldn’t be more cost effective. He also questioned the safety of the equipment on the roof as opposed to being in the basement.
Mr. Sonnleitner stated the upper level dormitory rooms are more of a premium and the hallways would be a chase for the wires, and locating the equipment in the basement wasn’t a problem.
Vice Chairman Propp stated that she now understood that the proposal was only for the antenna on the the roof and the equipment would be located in the basement. Mr. Sonnleitner stated
he would have further discussions with ALLTEL, but he was 75-80% sure the proposal was for the equipment to be housed in the basement and if frequency problems arose they would look
for another location. Mr. Simons stated all the corners of Nelson Hall seem to be equally visible to the traveling public and he questioned if the proposed location was the least visible
on this building. Mr. Sonnleitner stated the engineers located the site they found to be most effective. Ms. Mattox questioned if a new tower would be available for other companies if
one were to be constructed. Mr. Sonnleitner stated a new tower would be available to other companies, however, they don’t have any other proposals at this time. Vice Chairman Propp stated
it seems as though this proposal was still being worked out and questioned if a new proposal would be in place if it was to be laid over. Mr. Marvin stated the Planning Services Department
was concerned about screening the antennas and equipment, therefore, the change in the proposal was made to screen the antennas on the roof with a masking device and move the equipment
in the basement. Mr. Dell’Antonia stated he is not comfortable with the decision to use Nelson Hall, as he has heard the taller the building the better and there haven’t been any good
reasons presented as to why either Scott Hall or Gruenhagen Conference Center couldn’t be used. Mr. Marvin stated he didn’t have those answers, but suggested a condition could be made
for him to provide answers before moving forward with the proposal. Mrs. Scherer questioned if staff has seen both proposals, and what they recommend at this time. Mr. Burich stated
he has only had time to review the proposal with the antenna and equipment shelter and has recommended a condition for windows or other architectural treatments to be added to the elevation
of the equipment shelter to better integrate it with the principal structure. Motion by Dell’Antonia to lay over this item until the July 20, 2004 meeting, seconded by Gehling.
Plan Commission Minutes -6-July 6, 2004 Mr. Borsuk stated as part of the lay over he would like to require a response from ALLTEL and UWOshkosh regarding a masking device for the antennas
and what architectural treatment they are proposing, along with a long term plan by the University to package these revenue making opportunities. Mr. Bain stated he would be voting present
due to being an employee of the University of Wisconsin – Oshkosh. Mrs. Mattox agreed with the lay over and stated she would like to see a plan for what could be developed over the years
for ALLTEL and any other companies wishing to place antennas or rooftop equipment on University property. Mr. Gehling stated he was concerned about the aesthetics of using a lower building,
compared to a taller building where the equipment would be more out of sight. He stated he agrees with a lay over, as he would like to have clear options to decide on. Motion carried
6-2P. Bain and Simons voting present. IV: CONDITIONAL USE PERMIT TO OPERATE A PUBLIC CHARTER SCHOOL AT 405 WASHINGTON AVENUE (EAGLES CLUB) – Oshkosh Area School District, petitioner,
Eagles Club LLC, owner The Oshkosh Area School District is requesting a conditional use permit to operate two public charter school programs at the Eagles Club located at 405 Washington
Avenue. One program is the Charter High School and the other is the Journeys Charter School program. The programs would occupy the first and second floors of the building with the basement
remaining for the current bowling alley use. No significant changes are proposed to the building footprint or exterior elevations. Mr. Gehling questioned the principle of a charter school.
He also stated that commercial uses usually have a formula regarding the number of parking spaces needed and questioned if this applies to schools as well. Mr. Burich stated it is not
required to provide parking in a C-3 zoning district. He stated the zoning ordinance does not specify parking requirements for public school uses. Discussion followed regarding the age
of the students attending the school, and the number of students of age to drive with the number who would require a place to park. Mr. Gehling also questioned how the traffic would
be handled in regard to students being dropped off and where the bus stop was located, although he stated it was a good use for the building. Vice Chairman Propp stated the petitioner
was here and would be able to respond to those questions. Ms. Mattox questioned if the bar would be open. Mr. Burich stated the first floor bar would be closed, however, the bowling
alley and bar in the basement would remain in operation after school hours. Ms. Mattox also stated she was concerned about the beer signs on the property. Mr. Burich stated once the
bar on the first floor is vacated the sign would be removed.
Plan Commission Minutes -7-July 6, 2004 Mrs. Scherer asked if any landscape requirements would apply. Mr. Burich stated there are no landscape requirements in a C-3 Zoning District.
Ms. Mattox questioned if there was a formula for the parking area located behind the building. Mr. Burich stated the petitioner is required to submit a parking plan to be approved by
the Department of Community Development. Mr. Simons questioned if the Plan Commission had the authority to add a condition to require landscaping on the site. Mr. Burich stated it would
only be appropriate to add a condition for landscaping to mitigate the proposed use’s effect on adjacent properties or to screen something. Art Dumke, 3242 Shorewood Drive, stated he
hoped there wouldn’t be any landscaping required that would eliminate parking availability. He stated there should be plenty of parking available for the school use. He stated they have
provided parking for weddings, and other events and it may have been crowded but never was a critical situation. He also stated he hoped the Commission would not make any requirements
that would increase their operation costs, as they are on a very strict budget. Mr. Dumke stated the driveway in the rear of the building is so narrow that he wasn’t sure a truck could
get in that area for pick-up. He also discussed the bar signs, with the bowling alley keeping their signs and the upstairs bar sign being removed once the bar was closed. Mr. Bain questioned
what hours the bowling alley was open. Mr. Dumke stated the bowling alley was open after 5:00 p.m., not during school hours. Mr. Borsuk questioned the length of the lease for the Oshkosh
School District. Mr. Dumke replied the lease would be for 4 years. Brad Coffman, 2330 Minerva Street, representing the Oshkosh School District, stated there are 70 parking spaces and
125 students, representing a 56% ratio of parking to students, which should be adequate for the number of parking spaces needed by students and staff. Mr. Bain noted the parking spaces
available across the railroad tracks and questioned what safety measures are in place, as he noted that 4 trains had traveled through Oshkosh during the 4th of July Parade. Mr. Coffman
stated the school system will address those concerns with the railroad and will work with the City to get cross walks in place. He stated they are required to follow the same state guidelines
in place for all schools in the district. Mr. Borsuk questioned what effect 125 students at this program would have on other schools in the district. Mr. Coffman stated the students
that will be attending the charter programs will be coming from a quest program at the Fox Valley Technical College (FVTC), some from home schooling, and some from schools within the
district. He stated they are still looking at the breakdown. He also stated there aren’t any geographical requirements for attending the charter school programs. Mr. Borsuk questioned
what effect these programs will have on the overall school plan. Mr. Coffman stated the school district is seeing a declining enrollment and in the future they hope to be able to reorganize
the school boundaries and house the program within a school in the district. He stated that is the reason for the 4-year lease and why they are not purchasing a building. He stated there
is no room at this time to house the programs internally, but hope to in the future.
Plan Commission Minutes -8-July 6, 2004 Mr. Gehling questioned the concept as there has been some concern throughout the community to keep the younger students separated from the older
students. Trasy Ruetten, 1243 Conrad Street, stated she was the lead teacher for the Charter High School and would be glad to answer any questions the Plan Commission may have. Ms. Mattox
stated the same description was given for the Journeys Charter School program and the Charter high School program, and she didn’t understand how the different levels could work together.
Ms. Ruetten stated the two programs were very similar. She stated the Journey program would initially cater to 7th to 9th graders. She stated this program is associated with the “No
Child Left Behind” Federal Program. She stated they would normally be penalized for students leaving high school and by attending this program students won’t be considered dropouts.
Ms. Mattox questioned the quest program. Ms. Ruetten discussed the credits students would earn that wouldn’t be available from FVTC but would be available through this program Mr. Simons
stated the intent of the program was really not of concern to the Plan Commission, but rather whether the school use was a good fit for this building or location. Mr. Borsuk stated he
hasn’t recognized this plan to be part of any long range plan for the Oshkosh Area School District and hasn’t seen any cooperation from the school district in that regard and suggested
the item be laid over until such a plan is brought forward. Mr. Coffman stated he was only recently made aware of the Update to the Comprehensive Plan meetings and was planning to attend
any appropriate meetings in the future. He stated he would be glad to provide a plan for 3-5 years and beyond for the school district and apologized for any negligence on behalf of the
school district. Vice Chairman Propp questioned if the building was up to code and what remodeling was needed. Mr. Coffman stated the owner would be doing any remodeling that was needed
to bring the building up to State code to receive their occupancy permit, however they didn’t foresee a lot of work needed to be done. Vice Chairman Propp questioned what physical education
program would be provided, if they were going to coordinate any activities with the YMCA and what impact that would have on current users of the YMCA. Ms. Ruetten stated the Charter
School is basically an independent type of learning where particular classes are not defined. She stated between 1:30 and 3:00 is downtime when students are allowed to participate in
any form of physical education as long as it is documented and is an activity that raises their heart rate. She stated it could take place at a number of places from dance studios to
skate parks and they are working with the YMCA to ensure that the number of students attending the YMCA at any given time doesn’t have a negative impact on the members. Mr. Dell’Antonia
stated he would like to add a condition to approval of the use of the Eagles Club for the Charter School programs that prior to occupancy, removal of all promotional advertising signs
would be removed. He stated there are no signs at other schools, although he would approve a sign for the bowling alley use. Mr. Burich questioned if that meant for one sign to remain
for promotion of the active business on site. Mr. Burich brought up pictures from the PowerPoint presentation to clarify which signs would be omitted and which ones would be permitted
by the zoning ordinance.
Plan Commission Minutes -9-July 6, 2004 Ms. Ruetten stated parents and students were also concerned about the signage in front of the Eagles Club and offered a solution to use the flagpole
on site to erect a campus sign during the day and take it down at night. Discussion followed as to what the ordinance allows for businesses to display advertising. Mr. Burich stated
a condition could be made to modify the two signs on site to eliminate the product advertising, whether it was beer, cola or cigarettes. Covering the beer signs during school hours was
discussed while allowing the business owner to promote the bowling alley use during school hours as well as after school hours. Mr. Bain stated he was concerned about the trash enclosure
requirements being a hardship for the school. Mr. Burich stated he was concerned with garbage piling up in front of the building. Art Dumke, inquired if a dumpster could be provided
on the east end of the building as an alternative to the rear dumpster enclosure area. Mr. Burich Burich stated that he could support that if it met zoning requirements and was properly
screened. Mr. Borsuk stated he would like to add a condition requesting a long-range plan from the Oshkosh School District which would address issues such as these. Vice Chairman Propp
suggested the Plan Commission act on the item first and then decide on what action is needed to obtain a long-range plan from the Oshkosh School District. Motion by Dell’Antonia for
approval of the Conditional Use Permit to operate two public charter school programs at the Eagles Club located at 405 Washington Avenue subject to the following conditions: 1) A parking
plan shall be submitted and approved prior to occupancy by the school. Parking spaces shall be striped prior to the opening of the school session. 2) Junk and debris located on the property
shall be cleared prior to the school’s occupancy of the building. 3) The Oshkosh Area School District shall request a school crosswalk. 4) No changes to are to be made to the exterior
building elevations without approval from the Department of Community Development. 5) A trash enclosure is to be constructed in either the rear parking area or in the area to the east
of the building in compliance with the setback, screening, and landscaping standards of the Zoning Ordinance. Enclosure screening and landscaping is to be approved by the Planning Services
Division prior to placement. 6) Modify existing signs to remove product endorsements or cover product endorsements during school hours. Seconded by Scherer. Motion carried 8-0.
Plan Commission Minutes -10-July 6, 2004 Mr. Borsuk stated he would like to see time allowed at the next meeting to request the Oshkosh School District to submit a long range plan. Mr.
Gehling stated it has been requested by the University of Wisconsin Oshkosh and they have responded. Discussion followed with the best course of action to be taken to receive information
from the Oshkosh School District. Vice Chairman Propp suggested a letter from the Chairman requesting a long-range plan. Mr. Burich allowed for the possibility of workshop with the school
system at some point in the future as the staff has been working with the school district to learn their goals. Mr. Burich questioned how we would require the school district to participate
in the update to the Comprehensive Plan. Ms. Mattox stated a school district representative should be represented on all elements. She stated there was a Public Relations Director who
attended meetings until his position was eliminated and all his duties perhaps were not recognized and another invitation to participate in the meetings was perhaps in order. Vice Chairman
Propp stated it appeared to be the consensus to address this issue by sending an invitation to the Oshkosh School District to participate in all elements of the Update to the Comprehensive
Plan. Mr. Burich stated he would check with Ms. Bales regarding how the City has tried to involve the school district in the update process. OTHER BUSINESS Mr. Burich displayed a sign
that would be placed on site of items that were on the Plan Commission Agenda. He stated the cost of these signs would be approximately $34.00 each. He stated staff would need to come
up with a plan and budget to implement the sign requirements. There being no further business, the meeting adjourned at approximately 5:52 p.m. (Propp/Bain) Unanimous. Respectfully submitted,
DARRYN L. BURICH Director of Planning Services DLB/vlr