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HomeMy WebLinkAboutMinutesPLAN COMMISSION MINUTES January 4, 2011 PRESENT: David Borsuk, Jeffrey Thorns, Thomas Fojtik, John Hinz, Tony Palmeri, Kathleen Propp, Dennis McHugh, Robert Vajgrt, EXCUSED: Ed Bowen, Donna Lohry, Karl Nollenberger STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Steve Gohde, Assistant Director of Public Works; Chris Strong, Director of Transportation; Deborah Foland, Recording Secretary Chairperson Fojtik called the meeting to order at 4:00 pm. Roll call was taken and a quorum declared present. The minutes of December 21, 2010 were approved as presented. (VajgrtBorsuk) I.A. GRANT PRIVILEGE IN THE RIGHT- OF-WAY FOR PLACEMENT OF THREE MONITORING WELLS AT THE CORNER OF NORTH MAIN STREET AND EAST STERLING AVENUE The petitioner is requesting a privilege in the right -of -way for the installation of 3 monitoring wells: -2 on East Sterling Avenue east of North Main Street. -1 on North Main Street at the northeast corner of North Main Street and Vilas Avenue Mr. Buck presented the item and reviewed the site and surrounding area and explained that the proposed monitoring wells are part of an environmental investigation concerning petroleum release at 834 North Main Street. He also reviewed the conditions recommended for this request which are standard for privilege in street installations. There was no discussion on this item. I.B. ACCEPT STORM SEWER EASEMENTS AT VARIOUS LOCATIONS ON PROPERTY LOCATED BETWEEN KOELLER STREET AND THE TIPLER SCHOOL AREA STORMWATER DETENTION BASIN The Department of Public Works is requesting acceptance of multiple storm sewer easements running between South Koeller Street right -of -way east to the Tipler School Area Stormwater Detention Basin (TDB) located over property at 300 South Koeller Street, 251/255 South Westfield Street and 240/250 South Westfield Street. Mr. Buck presented the item and reviewed the site and surrounding area as well as the site plan for the proposed easements. Mr. Thorns asked where the area of the stone riprap lined channel would be located. Steve Gohde, Assistant Director of Public Works, responded that the channel would be located just east of Koeller Street and would continue on the south side of the drive entrance of Landmark Plaza Plan Commission Minutes January 4, 2011 and would then wrap around to the north. He further stated that he does not anticipate water to be present in the channel very frequently. Mr. Thorns also questioned if there was a drainage ditch there currently, why rip rap and stone was being used rather than natural covering, and who would be responsible to maintain this area. Mr. Gohde replied that there is currently a drainage ditch in this location however it is very old and that natural materials were not being used as they would not be suitable covering over the box culvert. He further stated that storm damage would be the responsibility of the City to maintain however mowing would be the responsibility of the property owners. Motion by Borsuk to approve the consent agenda as requested with the following conditions to be applied to Item IA.: 1) The monitoring wells are 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 monitoring wells are properly abandoned in accordance with City standards and under the direction of the Department of Public Works. 3) Any problem which may arise as a result of the placement of the monitoring wells be the responsibility of the petitioner, contractors and owner to correct in coordination with the Department of Public Works. 4) All appropriate permits are obtained prior to the start of placement of the monitoring wells. S) The monitoring wells be modified or removed immediately upon the request of the City. 6) The petitioner and contractors secure and submit 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 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 upon 10 days notice. 8) The petitioner and contractors execute hold harmless agreements with the City. 9) The facility is part of and documented with Digger's Hotline system. Seconded by Vajgrt. Motion carried 8 -0. H.A. DESIGNATE SEGMENT OF ELMWOOD AVENUE AS A PEDESTRIAN MALL H.B. PRIVILEGE IN THE RIGHT- OF-WAY TO PLACE PEDESTRIAN MALL AND STREETSCAPE IMPROVEMENTS The University is making two requests in order to implement general vehicular closure of a portion of Elmwood Avenue for a pedestrian mall. The first action is to designate Elmwood Avenue from approximately 200 feet south of W. Lincoln Avenue to W. Irving Avenue as a pedestrian mall. The second action is a request to install a pedestrian mall and streetscape improvements in the pedestrian mall. Mr. Burich presented the item and reviewed the site and surrounding area and explained that the University was requesting this action to create a safer pedestrian environment in the area that connects the campus residence halls, the Student Success Center and Reeve Memorial Union with the rest of the campus. He reviewed the land use in the surrounding area as well as a diagram of the University's Plan Commission Minutes January 4, 2011 layout and explained that the pedestrian mall was not yet designed and discussed the conceptual plans and features for the proposed mall. He also explained that the area would still remain as City right -of- way which would give the City the ability to reopen the street at a later date. He also discussed the 26 foot lane which was provided to support emergency vehicles through this area and the cul -de -sac to be created on Elmwood Avenue. The Traffic Review Board approved this request and numerous meetings have been held to discuss this issue. This would not be an actual street vacation as the City would still retain the rights to the right -of -way and this request is consistent with the University's Master Plan. He also reviewed the conditions recommended for both requests. Mr. McHugh stated that he did not understand what the point of this was and voiced his concern with re- routing traffic from Elmwood Avenue as he felt it would be a safety issue. Mr. Burich replied that the point of the request for the pedestrian mall was to service the students by eliminating the traffic in this area and making things safer for pedestrians. Both emergency services and the Transportation Department have reviewed and approved of this request. Mr. Borsuk questioned how the reconstruction of Elmwood Avenue would fit into this and the destination of the vehicles that pass through this area. Mr. Burich responded that Elmwood Avenue was scheduled to be reconstructed in this year's Capital Improvement Program. Chris Strong, Director of the Transportation, added that traffic counts had been completed on this area however it would be difficult to determine the destination of the vehicles passing through this area. Mr. Thorns asked where the traffic would be re- directed to and if those streets would be able to handle the additional volume. Mr. Strong responded that traffic would be re- routed to Algoma Boulevard or Elmwood Avenue to Cherry Street or Wisconsin Street going northbound and Cherry Street and Wisconsin Street going southbound. He did not feel there should be issues with the additional volume of traffic on these streets. Mr. Thorns commented that he felt the additional traffic on Algoma Boulevard was going to be difficult. Mr. Burich stated that Algoma Boulevard was more of a controlled environment as there are several traffic lights on this street and a University bypass to the south was being considered in the future. Mr. Thorns then questioned if crossings would be improved on Algoma Boulevard due to the increased traffic volume. Mr. Strong replied that he anticipated a 25% increase in traffic on Algoma Boulevard and he was not too concerned with it at this point. Mr. Hinz inquired why Elmwood Avenue was continuing on after the pedestrian mall area instead of closing it off completely. Mr. Strong responded that the University would have to comment on that matter. Plan Commission Minutes January 4, 2011 Joan Mueller, 1139 Cherry Street, stated that she felt the additional traffic on Cherry Street would be problematic as the student parking on the street is already heavy and that adequate emergency access was important to the neighborhood. She voiced her concerns with if the city streets in the surrounding area had the capacity to handle the additional traffic as backups occur now when school lets out and she felt that additional stop signs may be considered on Cherry Street. Joseph Malkowsky, 802 Vine Avenue, stated that if there were no pedestrian/vehicular crash data concerns regarding this area, why we were considering closing off a part of Elmwood Avenue. He had concerns with the two minute delay in fire response time mentioned by the Fire Department at a previous meeting. He also commented on the future plans to close Algoma Boulevard and if Elmwood Avenue would be re- opened in the future, he felt it would be a waste of money to construct the pedestrian mall at this time. He also questioned how many pedestrians were crossing the street to justify this. Don Tenor, 1202 Algoma Boulevard, stated that if traffic counts show that 3000 vehicles utilize Elmwood Avenue daily and 6500 vehicles utilize Algoma Boulevard, pedestrians should be able to cross Elmwood Avenue safely. He further commented that vehicles on Algoma Boulevard are passing Read Elementary School and these students are much younger than the University students and although this proposal would make things nicer for the University, it creates other problems for the rest of the community. Mike Lyster, 612 Elmwood Avenue, stated that he has lived there for 30 years and drives Elmwood Avenue every day to get to his shop on the north side of the city. He has seen many near misses on this street over the years and felt that the corner of West Irving Avenue and Elmwood Avenue is very dangerous as there is not good visibility at this intersection. He felt that Elmwood Avenue should be closed at Algoma Boulevard all the way to West Lincoln Avenue instead although he noted that there are loading docks by the library that are utilized for deliveries for the University that would no longer be accessible if this was done. He concluded with the statement that he liked the idea of removing traffic from Elmwood Avenue; he just did not feel that this was the best way to accomplish it. Raymond Schmelter, 645 Amherst Avenue, stated that he has a hard time getting out of his driveway at times due to the traffic and both he and his neighbor are in favor of this request. Aaron Campbell, 424 Wisconsin Street, stated that the Oshkosh Student Association was supportive of this plan and that both staff and students utilizing the counseling center and resident halls in this area would benefit from it. Students are crossing this street numerous times daily and although there may not have been pedestrian crashes in the past, there have been near misses and this proposal should slow traffic down. He further commented that both staff and students support this request. Bernard Pitz, 617 West Irving Avenue, stated that he has lived in this area for 46 years and also owns apartments on Wisconsin Street and voiced his concerns with the increase of traffic on Irving Avenue and Wisconsin Street due to closing a portion of Elmwood Avenue. He felt that the University should install fencing along Elmwood Avenue instead restricting crossing the street to specific areas. He also stated that there have not been any accidents on Elmwood Avenue to justify this action and he spoke with the Fire Chief about the matter and he was not in favor of closing any streets. He also had concerns with emergency response time to the neighborhood and commented about the disturbing music that can be heard from his home coming from events at the University. He felt that the University's "land grab" had to stop and also commented on his concerns that the designated emergency lane on the plans may be in use for an event at such a time that emergency vehicles would need to access it. Plan Commission Minutes January 4, 2011 Tom Sonnleitner, representing the University, 800 Algoma Boulevard, stated that this request was part of the University's Master Plan and it was included in the City's Comprehensive Plan since 2005 and in the University's planning process since 2001 or 2002. The reasoning for it was for the safety of the students, and in a lightly traveled area such as this one, it makes sense. There are 1000 students living in the residence halls and another 1000 visiting the Student Success Center daily as well as the students living in the area surrounding it. Although there have not been any accidents in the past, safety was their primary concern. A 26 foot path would be provided for a fire lane and the design of the pedestrian mall was not completed at this time. He confirmed that loading docks were present in the rear area of Reeve Union and discussed crash data statistics. He further stated that the University was willing to work with the Plan Commission and Common Council to come up with an appropriate solution and that they wanted to create safe passage for both students and vehicles in this area. Mr. Hinz questioned if a greater plan existed to extend this further in the future. Mr. Sonnleitner replied that the University's Master Plan calls for the closure of Algoma Boulevard from Dempsey Hall to Woodland Avenue and turning both Algoma Boulevard and High Avenue into two -way streets. Each of these actions will be brought back to the City for approval at the time the University was prepared to implement this plan. Mr. Hinz commented that Elmwood Avenue is a bypass for the University area and questioned what the suggested route would be to bypass this area if Elmwood Avenue is closed off to through traffic. Mr. Sonnleitner responded that most people use Algoma Boulevard or High Avenue through the University area depending on where they live. Mr. Palmeri inquired about the issues brought up by citizens regarding emergency access and activities being held in the pedestrian mall. Mr. Sonnleitner replied that they were not planning on using the pedestrian mall as a set up area for University activities and that gatherings or events would be held on the lawn areas. Mr. McHugh stated that issues always come down to safety and that students do not use the crossing mechanisms on Algoma Boulevard to activate the traffic signals now. The closing of Elmwood Avenue will be an inconvenience to citizens and is step one in the process to shut down High Avenue and Algoma Boulevard and is a waste of money. We do not have a completed plan for the pedestrian mall or know the consequences of this action and should not vote on this request today. Quinn, a Taylor Hall student resident, attested to the safety benefits of closing Elmwood Avenue as crossing this street is dangerous for pedestrians. He further commented that he uses the signal crossings on Algoma Boulevard every day and that the creation of the pedestrian mall would benefit campus greatly. Mr. Palmeri commented that if the Oshkosh Police and Fire Departments supported this request, he would support it as well, however the staff report refers to the fact that emergency services providers "are not opposed to this request" which leads him to inquire if that means they are in support of this request. Mr. Burich responded that with emergency services providers, closing any street creates some concerns however when looking at what the University is trying to achieve, they do not have issues Plan Commission Minutes January 4, 2011 with the closure of Elmwood Avenue. The City is also retaining the rights for the 26 foot access for emergency providers. Mr. Borsuk commented that he supports this issue as the University is the third largest in the state and occupies the smallest piece of property. He wants to make the campus successful as the University is an important industry in the community and for a variety of reasons this is a positive step. Mr. Thorns stated that he did not feel there was enough information at this time such as the University's long range plan. Pedestrians are heavily traveling the area on Elmwood Avenue but he would like to see the entire plan before voting on one piece of it. He would also like to have the Fire Chief present to answer questions regarding this matter. He further commented that he understands that the University is trying to create a contained campus but he would need further information on the issue. Ms. Propp commented that residents presented important points and although the University does have a Master Plan for the campus, she felt that the proposed pedestrian mall should stand on its own. There will be a ripple effect for neighboring streets but overall, it's a good plan. Mr. Vajgrt stated that it had been mentioned that the response time for emergency services would experience a two minute delay from the main station, however the Algoma and Murdock fire station would probably be able to service this area quicker than the downtown station. He further commented that he felt it was a good idea. Motion by McHugh to lay over the designation of the area of Elmwood Avenue approximately 200 feet south of W. Lincoln Avenue to W. Irving Avenue as a pedestrian mall and the privilege in the right -of -way to create said mall and to allow pedestrian and streetscape improvements. Seconded by Hinz. Mr. Palmeri questioned what would be the implications of laying this item over to a future meeting. Mr. Gohde responded that Elmwood Avenue was the first street scheduled for reconstruction this year and they were attempting to bid out the project in late February with construction to begin in March if possible. Mr. Palmeri then questioned if the Common Council acted on this item at the second meeting in January, if this would still leave adequate time to bid the project out. Mr. Gohde replied that it would depend on if the item requires two readings before the Council would act on it. Mr. Burich stated that the Common Council could waive the second reading if necessary. Mr. Thorns questioned what the intent of laying the item over was. Mr. McHugh responded that the traffic problems by Lincoln School need to be addressed and we should do a better job of alerting the public about this action. He also stated that we do not know what the concept is for the proposed pedestrian mall. Ms. Propp stated that she did not feel the need to lay the item over until the next meeting as the issues could be addressed at the Common Council level. Plan Commission Minutes January 4, 2011 Mr. Borsuk commented that questions may be outstanding in some people's minds however he felt that the intent was not to lay the item over but to kill the project. Mr. Thorns stated that the Plan Commission's duty was to make a recommendation to the Common Council and he felt it was shirking their responsibility by not looking further into the matter before voting on the item. Mr. Hinz commented that he did not think that it was an attempt to kill the project and he would like to see the University's Master Plan and hear from both the Police and Fire Chiefs regarding their opinion on the matter. Mr. Borsuk questioned if there was no timeline on the motion to lay the item over. Mr. Thorns suggested that the motion be amended to lay the item over until the next meeting of the Plan Commission. Mr. Palmeri stated that he felt the issues regarding the public safety concerns needed to be addressed and he thought the Police and Fire Chiefs need to be present to respond to these concerns. Motion carried 6 -1 -1. ( Ayes- Borsuk /Thoms /Hinz /Palmeri/McHughIVajgrt. Nays- Propp. Abstained- Fojtik.) (Mr. Fojtik is employed by the University) III. PROPOSED TEXT AMENDMENT TO ZONING ORDINANCE CHAPTER 30, SECTION 30 -4 NONCONFORMING USE REGULATIONS The City Department of Community Development requests review and approval of an amendment to the City of Oshkosh Zoning Ordinance repealing and recreating Section 30 -4 Nonconforming Structure and Use Regulations, which is a portion of Article II: General Provisions. Mr. Buck presented the item and reviewed the draft document. He stated that the purpose of revising the Nonconforming Structure and Use regulations is primarily to address concerns brought forward by the County Judicial System during regular enforcement duties of the City's Zoning Office in regard to the clarity of the regulations. Board of Appeals decisions have been challenged in court and it was suggested in the ruling that the code be redrafted to be clarified and updated as well as reflect and define practices used during regulation and enforcement action. Commission members discussed issues regarding the ability to rebuild a nonconforming use, definitions of structures, driveways, and other sections of the regulations. Discussion also ensued regarding the ability to rezone properties to allow a nonconforming use and the elimination of nonconforming uses over time that are inappropriate. The Board of Appeals process to obtain a variance to the code was also discussed as well as if another workshop should be held to continue discussion on the proposed text amendment prior to acting on the item. Mr. Palmeri stated that he missed the last workshop on this matter and would prefer to lay the item over until a future meeting to give him more time to further review the document. Mr. McHugh questioned if contractors were asked to participate in some way with this. Plan Commission Minutes January 4, 2011 Mr. Burich responded that new regulations are usually presented to the Chamber, Chamco, and local developers to receive input on the matter however this was not the case in this situation. This was just clarifying the language in old text to make it more understandable and to uphold decisions made on enforcement matters. Ms. Propp left the meeting at 5:55 pm. Mr. Thorns questioned if the Board of Appeals had reviewed this document. Mr. Burich replied that they had not at this time. Various departments of the city reviewed it for comment, but it could be presented to the Board of Appeals members for review prior to bringing it back to the Plan Commission. Motion by Palmeri to lay over the repealing of the existing Zoning Code Section 30 -4: Nonconforming Structure and Use Regulations and recreate it as submitted. Seconded by McHugh. Motion carried 7 -0. There being no further business, the meeting adjourned at approximately 5:59 pm. (Vajgrt /Thoms) Respectfully submitted, Darryn Burich Director of Planning Services Plan Commission Minutes January 4, 2011