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PLAN COMMISSION MINUTES APRIL 15, 2003 PRESENT: David Borsuk, Steven Gehling, Donald Pressley, Kathleen Propp, Achim Reschenberg, John Ruppenthal, and Lee Bettes; Vice Chairman EXCUSED:
Lurton Blassingame, Jack Heinemann and Donald Krueger STAFF: Darryn Burich, Principal Planner, Susan Kepplinger, Principal Planner, Jackson Kinney, Director of Community Development,
and Vickie Rand, Recording Secretary The meeting was called to order by Vice Chairman Bettes. Roll call was taken and a quorum declared present. The minutes of April 1, 2003 were approved
as mailed (Pressley/Reschenberg). Unanimous. Andy Radig, Community Access TV, gave a brief presentation and answered questions pertaining to taping of the Plan Commission meetings effective
May 6, 2003. ITEM I: CONSENT AGENDA A: VACATE SANITARY SEWER EASEMENT -SARRES PLAT The Department of Public Works requests the Plan Commission to review and approve the vacation of a
30 foot wide sanitary sewer easement on Lots 1-7 and along the south 30 feet of Lot 1 in the the Sarres Plat. The subject sanitary sewer easements are located in a R-1 Single Family
Residence Zoning District. Mr. Burich stated the Department of Public Works has withdrawn this item until further notice. II: CONDITIONAL USE PERMIT FOR A COMMUNICATIONS TOWER AT 491
S. WASHBURN ST. Cumulus Broadcasting Inc., petitioner for 491 S. Washburn St. LLC., owner requests the Plan Commission to review and approve of a conditional use permit to allow the
erection of a 100 foot tall radio tower for broadcast purposes. The subject property is zoned C-2 General Commercial District with a Highway 41 Overlay. Communications towers are allowed
only through Conditional Use Permit in commercial zoning districts. Mr. Borsuk questioned if there was rental space available for other entities to place antennas on the tower. Mr. Burich
stated the applicant has complied with the ordinance requirements to have space for at least two additional antennas.
Plan Commission Minutes 2 April 15, 2003 Mr. Gehling questioned if guy wires would be mounted on the tower, and if a safety zone was allowed for around the tower. Mr. Burich stated there
were no structures in the vicinity that would be affected if the tower were to fall. Discussion followed regarding the height of the tower compared to other towers in the area. Jeff
Schmidt, 1601 River Mill Rd., General Manager for Cumulus Broadcasting, stated the tower would be located in the corner of the rear of the structure on the subject property, therefore
it would be protected on three sides. He also stated the tower would have a 12’ deep cement anchor. He stated guy wires could be attached if it would become necessary. Mr. Schmidt stated
Cumulus Broadcasting was moving four stations to Oshkosh from Neenah, and this broadcast tower (STL Tower) was needed to send signals to their main towers in three other locations in
the area, at Highway 41/45, Bowen Street, and Highway 44. Motion by Borsuk for approval of the Conditional Use Permit for a communications tower at 491 S. Washburn Street as requested
to be found consistent with Standards as set forth in Section 30-11 (D) of the Zoning Ordinance. Seconded by Gehling. Motion carried 7-0. III: CONDITIONAL USE PERMIT FOR A MIXED USE
DEVELOPMENT AT 110 ALGOMA BOULEVARD John Wallace III, petitioner/owner requests the Plan Commission to review and approve of a conditional use permit (CUP) to allow for a mixed use commercial/residen
tial development at 110 Algoma Boulevard. The 2.5 story 7,300 square foot building is zoned C-3DO Central Commercial with a Downtown Overlay District that allows mixed use structures
through CUP. Mr. Borsuk questioned if long term parking was available for the tenants. Mr. Burich stated there were long term parking spaces available in the area by which the tenants
could purchase permits. Ms. Kepplinger added there were an ample supply of overnight stalls designated in the downtown area for overnight parking. Mr. Borsuk questioned if adequate parking
would be available as the downtown redevelopment progresses. Discussion followed regarding the recent housing developments in the downtown area that have not presented any problems with
parking availability. Motion by Ruppenthal for approval of the Conditional Use Permit for a mixed commercial/residential structure at 110 Algoma Boulevard to be found consistent with
Standards set forth in Section 30-11 (D) of the Zoning Ordinance, subject to the following conditions: 1) Evidence of parking availability for residential units be submitted to the City
by the Developer prior to occupancy permits being granted for the residential uses. 2) Dumpster area to be screened with screening materials to be approved by the Department of Community
Development. Seconded by Gehling. Motion carried 7-0.
Plan Commission Minutes 3 April 15 2003 IV: CONDITIONAL USE PERMIT/DEVELOPMENT PLAN REVIEW TO ALLOW A BEER GARDEN AT 120 WISCONSIN STREET Stuart Strunsee, d.b.a. Wingers of Wisconsin,
Inc., petitioner, Brett Saalsaa, owner, request Plan Commission review and approval of a Conditional Use Permit (CUP)/Development Plan Review to permit temporary use of a portion of
the property at 120 Wisconsin Avenue for an outdoor beer garden. The property is zoned C-3 PD Central Commercial District with a Planned Development Overlay. Attorney Brian Hamil, representing
Wingers of Wisconsin, Inc., stated an outdoor beer garden would not be out of character with the neighborhood, and they would follow the City of Oshkosh Zoning Ordinance regulations
in that regard. He stated it would be placed in a safe location with six bouncers monitoring the entrance. He stated his clients believed that with three beer gardens in the vicinity
for UW-Oshkosh graduation, and the EAA Convention, and with theirs being located behind the structure, it would alleviate congestion in the area. He also stated it would allow his clients
to compete fairly with the businesses in the surrounding area, which was important to this new business. He encouraged the Plan Commission to approve their request. Mr. Ruppenthal questioned
the access to the Subway Restaurant, the loss of parking spaces and if they had discussed the beer garden with them. Attorney Hamil stated it was the same owner, and they have discussed
the beer garden and parking situation. He stated out of 40 parking stalls 6 spaces would be lost with the set up of a beer garden. He added since the beer garden was behind the building,
they didn’t feel it would have a negative impact on the business. Ken Bender, 806 Oak Street, stated he wasn’t opposed to the beer garden, however, he would like to see it permitted
on a temporary basis this year to see how the area handled having three beer gardens. Mr. Gehling questioned if they needed a permit, and why limit it to two events when the other businesses
in the area could get permits for a beer garden at any time, and if that wouldn’t be putting too much control on the property. Mr. Burich stated they would need to obtain a permit. Ms.
Kepplinger stated because Wingers is located in a redevelopment area, and since a beer garden wasn’t included in the initial application for a Conditional Use Permit (CUP), they needed
to seek a CUP for the beer garden at this time. She explained that the operation of a beer garden was an existing use for the other businesses in the area, and as long as Winger’s beer
garden was allowed at the same times as the other businesses have beer gardens she didn’t feel that it would have a negative impact on the redevelopment area. She added with the Plan
Commission and Common Council review it would ensure the quality of the redevelopment area would remain intact. Mr. Ruppenthal questioned if the CUP was for one year. Ms. Kepplinger
stated the CUP would allow a beer garden at this location every year for the two events. Mr. Reschenberg questioned if a condition could be made for the rental of a dumpster to be required
when a beer garden is in operation. Ms. Kepplinger stated that should apply to all beer gardens, and added that the staff will be reviewing the beer garden ordinance in the near future
for any revisions that need to be made. Vice Chairman Bettes questioned if there were any plans for the property to the south east of this site. Ms. Kepplinger stated the same owner,
Brett Saalsaa, was under contract with the City to purchase that lot for a small commercial business. Motion by Borsuk for approval of a Conditional Use Permit/Development Plan Review
subject to the following conditions:
Plan Commission Minutes 4 April 15 2003 1. The proposed beer garden use may only occur two consecutive days in conjunction with the U.W. Oshkosh spring graduation ceremonies, and on
seven consecutive days in conjunction with the EAA annual convention. 2. The garden activities must occur within a 60’x 47’ area immediately to the east of the tenant space and this
area must be fenced with a 5’ cyclone (or better) fence. 3. The applicant will demonstrate to the City Clerk all applicable State Building Code requirements are being addressed, including
but not limited to exiting requirements and sanitary facilities to be provided, and that any other applicable requirements beyond the State Building Code are also being addressed. 4.
Documented violation of these conditions, or any contained in the Beer Garden ordinance, or evidence that this use is creating a public nuisance or detriment to the redevelopment area
will result in revocation of this authorization for any future beer garden events. Seconded by Gehling. Gehling. Motion carried 7-0. V: PUBLIC HEARING ON AMENDMENT NO. 2 TO TAX INCREMENT
DISTRICT #13 MARION ROAD/PEARL AVENUE REDEVELOPMENT PROJECT City Administration requests the Plan Commission to review and approve Amendment No. 2 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 expanded it to Jackson Street and the Fox River. Vice Chairman Bettes opened the Public Hearing
portion of the meeting for Amendment No. 2 to Tax Increment District #13 Marion Road/Pearl Avenue Redevelopment Project. Mr. Burich handed out an amended map of the proposed improvements
in the area. Mr. Burich proceeded to show slides of improvements already made to the Marion Road/Pearl Avenue Redevelopment area. Mr. Kinney stated Amendment No. 2 to Tax Increment District
#13 13 was basically to add street construction projects for Phase 2 of the district. He used the map as displayed to show the broader area which showed Phase 1 and the improvements
proposed for Phase 2 of the redevelopment area. He stated the staff would hopefully be issuing a request for proposals to developers in June for parcels G,H, I & J. Mr. Kinney stated
the costs included in the proposed area basically related to construction of the streets. Mr. Kinney stated this amendment will also create a new project wherein funds will be provided
to the recently created City of Oshkosh Redevelopment Authority for the completion of the street related projects such as environmental remediation, public utility construction, streetscaping,
undergrounding of utilities, and stormwater management. Ken Bender, 806 Oak Street, pointed out the property just outside the center of the TID District. Mr. Burich stated that was the
Lamico property, and they couldn’t put a street through their property.
Plan Commission Minutes 5 April 15 2003 Mr. Bender questioned the impact the tax dollars would have on the area. Mr. Kinney stated the taxes from that area would be used to pay off the
improvements in the area and in all likelihood would be less than identified in the Project Plan. Mr. Bender questioned if the City could afford to use the taxes in this way given the
current budget concerns. Mr. Kinney stated the City must make improvements to the infrastructure to lure new development. He explained approximately $7 million had been added to the
district with Phase 1 developments and an additional $20-$30 million in development value is estimated for the Phase 2 area. Mr. Kinney stated the actual costs of investment would probably
be less than the estimated $2.7 million with additional costs for decorative lighting, undergrounding of utilities, etc. Vice Chairman Bettes Closed the Public Hearing portion of the
meeting for Amendment No. 2 to Tax Increment District #13 Marion Road/Pearl Avenue Redevelopment Project. Mr. Gehling questioned if the realignment of Marion Road with Jackson Street
and Division Street had been reviewed by the Traffic Advisory Committee. Mr. Kinney stated that would be covered in the next item pertaining to TID #17. Mr. Gehling questioned if the
City had a plan for the placement of uses within the development, or if development would occur on a first come first serve basis. He stated he was concerned with the balance of uses
in the area. Mr. Kinney stated the staff is preparing development guidelines. He explained research the University of Wisconsin Oshkosh has done for the development of this area, and
how the City’s consultant’s have taken their recommendations to develop a mix of commercial and residential uses for the area along with some possible educational links from Mercury
Marine. He stated other studies will be taken into account to include a river promenade, and pedestrian and bike path. He explained the zoning throughout the area will also be looked
at to have the right zoning classification for the uses in the area. He stated the Plan Commission will be actively involved in continuing redevelopment efforts in this area. Mr. Borsuk
noted a lot of surface parking throughout the area and stated he would like to see it be a more useable area. Mr. Kinney stated that was one of the points that would be addressed in
the development guidelines. Mr. Gehling questioned if there would be underground parking in the area. Mr. Kinney stated that was another area to be explored. Mr. Reschenberg was excused
at this time. Mr. Borsuk questioned if the costs for Marion Road were included in the $2.7 million estimated for the area. Mr. Kinney stated the cost of Marion Road had already been
contracted for. Mr. Borsuk also questioned if the previous property owners would be required to help with the remediation costs. Mr. Kinney stated there weren’t any remediation costs
that would apply to the former property owners.
Plan Commission Minutes 6 April 15 2003 Mr. Borsuk questioned how the funds would flow to the Redevelopment Authority (RDA). Mr. Kinney explained the Common Council will allocate funds
for the RDA to manage. He stated the Department of Community Development staff will support the RDA which will review what can be done on a yearly basis. Mr. Pressley questioned if the
Redevelopment Authority would initiate projects. Mr. Kinney stated the RDA can initiate projects. Mr. Bettes stated the City has had a good vision and it is exciting to see it all fall
in place. Motion by Gehling for approval and recommendation of Amendment No. 2 to Tax Increment District #13 to the Common Council for approval. Seconded by Propp. Motion carried 6-0.
VI: PUBLIC HEARING ON AMENDMENT NO. 1 TO TAX INCREMENT DISTRICT #17 CITY CENTER REDEVELOPMENT City Administration requests the Plan Commission to review and approve Amendment No. 1 to
Tax Increment District #17 City Center Redevelopment. TID #17 encompasses the majority of the 16+ acre City Center property for which the TID was created in 2001. It is proposed to amend
the project plan for TID # 17 to add projects to the previously approved project plan. These projects are generally related to realigning the Jackson/Division/Marion Road intersection
and will generally involve land acquisition, street construction, utility relocation and undergrounding, environmental remediation, signalization, and streetscaping. The approximate
costs of implementing these projects are estimated at $1.75 million not including financing. The amended Project Plan discusses the purpose and costs of this Amendment. The subject property
where improvement projects will be implemented is near the western area of the central business district just east of the Marion Road/Pearl Avenue Redevelopment Project, and north of
the Fox River. Vice Chairman Bettes opened the Public Hearing portion of the meeting for Amendment No. 1 to Tax Increment District #17 City Center Redevelopment. Mr. Borsuk stated the
proposed alignment of the Marion Road/Jackson Street/Division Street intersection would provide a smoother traffic pattern. Mr. Kinney stated the City has been working with the City
Center to improve the property itself and make it nice for the general public. He stated the Marion Rd./Jackson St./Division St. intersection creates a big challenge. He explained that
adding this amendment to TID #17 would allow it to be pursued in the future. Ken Bender, 806 Oak Street, questioned how much this would cost and when the intersection work would be done.
Mr. Kinney stated an appraisal is being done at this time, and there will be discussions of whether it will be a short term or long term project.
Plan Commission Minutes 7 April 15 2003 Mr. Bender questioned if the construction of a boulevard was necessary. Mr. Kinney stated the City felt it was necessary in this area as it would
draw a higher quality of development to what will be considered an entryway to a unique area of Oshkosh. Discussion followed regarding the City Center parking ramp, the use of stop signs
and traffic signals, with Mr. Kinney noting that the signals at the Marion Road/Division Street/Jackson Street intersection will remain in effect until the realignment is complete. Vice
Chairman Bettes closed the Public Hearing portion of the meeting for Amendment No. 1 to Tax Increment District #17 City Center Redevelopment. Mr. Borsuk questioned if this was new money,
or if this was money already accounted for in the original TIF for the area. Mr. Kinney stated the primary reason for this amendment was to include the realignment of the intersection
in the project plan. It was not a duplication of money. Mr. Kinney stated the City was still still working with City Center for a design that will reorient the backside of the property
to enhance the development taking place in the downtown area. Mr. Borsuk stated this appeared to be good planning, however he didn’t feel it was good economics to spend $3 million on
an intersection and the purchase of the Chamber building. He figured $140,000/year would be taken away from money that could be used to reduce property taxes, therefore he would not
support Amendment No. 1 to Tax Increment District #17. Motion by Gehling for approval and recommendation of Amendment No. 1 to Tax Increment District #17 to the Common Council for approval.
Seconded by Propp. Motion carried 5-1. Nay: Borsuk OTHER BUSINESS Mr. Kinney informed the Plan Commission that the Proposed Text Amendment to Chapter 30 relating to the parking and
placement of recreational vehicles and off-premise recreational equipment would be coming back to the Plan Commission for revision. Mr. Kinney stated that staff would be meeting with
the different groups that have a particular interest in this amendment, and bringing their imput to the Plan Commission. He also handed out two tapes of the Amendment portion of the
City Council meeting for members to review. Mr. Kinney discussed the seating arrangement and agenda for the tapings of the Plan Commission meetings, effective May 6, 2003. Mr.
Borsuk questioned if the conditions of the Developers Agreement have been met for the Bridgeveiw Center Redevelopment area. Mr. Kinney stated he hasn’t had time to look in storage for
those files, but to the best of his recollection, the conditions have been met. Mr. Bender discussed some traffic problems he has encountered when traveling behind someone trying
to make a left hand turn on Wisconsin Avenue into Radford Square. He asked the Plan Commission to take the necessary steps to restrict left hand turns in that area. There being no further
business, the meeting adjourned at 5:38 p.m. (Gehling/Pressley) Unanimous. Respectfully submitted, DARRYN L. BURICH Principal Planner DLB/vlr