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PLAN COMMISSION MINUTES
FEBRUARY 6, 2001
PRESENT:Lurton Blassingame, Achim Reschenberg, Fred Timmerman and John Ruppenthal, and Vice
Chairman Don Krueger
EXCUSED:Wm. (Lee) Bettes, Melanie Bloechl, David Borsuk, Steven Gehling, Donald Pressley, and James
Smith
STAFF:Jackson Kinney, Director of Community Development, John Bluemke, Principal Planner, and
Vickie Rand, Recording Secretary
The meeting was called to order by Vice Chairman Krueger. Roll call was taken and a quorum declared present.
The minutes of the January 16, 2001 Plan Commission meeting were approved as mailed.
Timmerman/Blassingame. Unanimous.
It was the consensus of the Plan Commission to remove item B from the Consent Agenda.
I:CONSENT AGENDA
A:Land Division: 1917 Alaska Street
Reinhard Roehlig, petitioner for Gerald Ristow, owner, requests the Plan Commission to review and approve a
land division for property located at 1917 Alaska Street. The general area is characterized by residential land
uses, and the property is zoned R-1 Single Family Residence District. The owner of 1917 Alaska Street had
purchased some of the former Central Wisconsin Railroad right-of-way and combined that property with the
existing parcel, and the petitioner is now seeking to divide that parcel into two properties.
Gerald Ristow, 4860 County Road K, stated the City of Oshkosh might acquire a triangular piece of land if they
intend to put in a cul de sac in the future. Mr. Bluemke stated a condition of the Certified Survey Map was to have
outlet 1 deeded to the City of Oshkosh as it was unbuildable and should be part of the Alaska Street right-of-way.
C:Authorization To Acquire Sidewalk Easements at 950 S. Koeller Street
The Department of Public Works requests the Plan Commission to review and approve the acquisition of a
permanent sidewalk easement from GNI Development located at 950 S. Koeller Street. This property is zoned C-
2PD General Commercial District with a Planned Development Overlay. The easement will be located on the east
side of S. Koeller Street, as was indicated on the development plan for the new Walgreen’s Store approved by the
Plan Commission on August 18, 1998.
Plan Commission Minutes Page 2 February 6, 2001
D:Authorization To Grant Utility Easements in the Marion Road/Pearl Avenue Redevelopment Area
The Department of Community Development requests the Plan Commission to review and approve the granting
of utility easements to allow for the relocation of transmission poles in the Marion Road/Pearl Avenue
Redevelopment Area. The poles are being relocated to allow construction of one of the apartment buildings
developed by D& F Investments, per the site plan that was previously approved by the Plan Commission. This
property is zoned C-3PD General Commercial District with a Planned Development Overlay.
Motion by Ruppenthal for approval of Items 1A, 1C, and 1D of the Consent Agenda. Seconded by
Blassingame. Motion carried 5-0.
B:Authorization To Acquire Storm Sewer Easements at 3348 Fond du Lac Road
The Department of Public Works requests the Plan Commission to review and approve the acquisition of a
permanent storm sewer easement from John Kuenzl at 3348 Fond du Lac Road. The easement will be located on
the east side of Fond du Lac Road on property that is zoned R-1 Single Family Residential District.
Attorney Jack Kelly, introduced John Kuenzl, land owner at 3348 Fond du Lac Road, Loyal Berg, employee of
John Kuenzl, and Mike Seward, a Civil Engineer. Attorney Kelly stated Mr. Kuenzl opposed the acquisition of his
property by the City of Oshkosh for a storm sewer as he felt there were other alternatives that should be explored.
Mr. Seward stated he was mainly concerned about redirecting the water from the subdivisions to the north and the
south of the creek that wasn’t in the basin to the swail on Mr. Kuenzl’s property.
Attorney Kelly stated the northerly third of the Patriarch Subdivision flows north and will be redirected away
from the Kuenzl property, and Cherry Park Estates Subdivision would be redirected to flow south. He stated Mr.
Kuenzl has a beautiful residential property on Lake Winnebago with a high-assessed value. He stated there is a
gentle swail that runs easterly from Highway 45 towards the lake into a lagoon on Mr. Kuenzl’s property,
however, the only time there is water in the lagoon is during very heavy rains, or in the spring after a heavy
snowfall season, he added when there is a lot of water it comes through with such force it will tear away the sod
on Mr. Kuenzl’s property, however it is usually dry.
Attorney Kelly stated they felt other alternatives could be explored. He discussed the 12” storm sewer main in Old
Orchard Street directly across from the Patriarch Subdivision that could possibly be tapped into and the future
development of Cherry Park Subdivision drainage that could be directed to a creek along Ripple Road that
empties into Candlish Harbor. He stated Mr. Kuenzl has owned the subject property for over 20 years and is
willing to get together with staff to discuss alternative locations for a storm sewer.
Tony Lang, Assistant Director of Public Works, displayed a map showing the acreage involved in the area that
wouldaffect the storm sewer, and noted that only 10 – 15 acres of land that is not in the drainage basin would be
redirected to the new storm sewer. He noted the requirements for the retention of water for both subdivisions, and
discussed the storm control measures currently in place.
Mr. Ruppenthal questioned if this would be an improvement for the drainage in the area. Mr. Lang stated it would
be an improvement for the rate of runoff, noting it would not be less runoff, but happen more frequently. Mr.
Lang stated the proposed action was needed to meet the Department of Transportation sizing requirements. He
stated they had looked at alternatives, and ruled out going south or on the west side of Highway 45 as more
easements would be needed from more property owners. He stated the proposed easement on Mr. Kuenzl’s
property would be located in the lawn area, away from trees and shrubs.
Plan Commission Minutes Page 3 February 6, 2001
Ms. Kepplinger, Principal Planner for the City of Oshkosh, explained the easement was before the Plan
Commission because of the need to acquire an easement, and not necessarily to look at the design issue for the
drainage. She stated she would like to have time to discuss the alternatives, and suggested the Plan Commission
take action now which would give them the ability to discuss the issue and decide if and when to take it before
the Common Council.
Attorney Kelly questioned the rate of flow versus the increase in the volume of surface water. Mr. Lang stated the
volume would remain the same because of the type of soil in the area, however, he stated this would reduce the
rate of runoff to a 10 year storm, versus the current 100 year storm. Mr. Kelly questioned if Mr. Kuenzl’s swail
would be full of water most of the year under the new conditions. Mr. Lang stated the estimated period of time
would be approximately 6 hours, as the water would first be going into a 2-acre pond, not stretched out over
weeks or months.
Discussion followed as to the affect a two-week layover would have on the project and the Plan Commission’s
role in reviewing the easement, and the drainage in the area. Mr. Bluemke stated if an alternate location is
proposed it would come before the Plan Commission.
Mr. Reschenberg stated he didn’t feel the project should be approved at this time. Mr. Ruppenthal stated he felt it
would be wise to take Ms. Kepplinger’s suggestion of taking action now and giving them the latitude of when to
take it to the Common Council instead of delaying the project for 2 weeks.
Mr. Blassingame questioned if two weeks would give them enough time to explore other alternatives. Mr. Seward
stated that two weeks should be an adequate amount of time. Attorney Kelly stated that there were quite a few
maps to be assembled and studied, and at this time Mr. Kuenzl opposed the acquisition.
Motion by Blassingame for approval of the permanent easement with the encouragement of the
staff to work with the landowner to see what alternatives could be reached. Seconded by
Timmerman. Motion carried 5-0.
OTHER BUSINESS
I.Review of Wisconsin’s Smart Growth Law
Mr. Kinney continued with a handout and slide presentation of Wisconsin’s Smart Growth Law.
There being no further business, the meeting adjourned.
Respectfully submitted,
JOHN C. BLUEMKE
Principal Planner
JCB/vlr