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PLAN COMMISSION MINUTES
November 20, 2012
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Kathleen Propp,
Donna Lohry, Robert Vajgrt, Karl Nollenberger
EXCUSED: Steve Cummings
STAFF: Darryn Burich, Director of Planning Services; David Buck, Principal Planner; Robin
Leslie, Principal Planner; Jeffrey Nau, Associate Planner; Steve Gohde, Assistant
Director of Public Works; 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 October 16, 2012 were approved as presented. (Vajgrt/Bowen)
I. GRANT WETLAND COMPENSATORY MITIGATION EASEMENT ADJACENT TO
JAMES ROAD DETENTION BASIN AT THE 4900 BLOCK OF STATE ROAD 91 IN
THE TOWN OF OMRO
The City of Oshkosh Stormwater Utility is requesting the granting of an easement for the creation of a
wetland area adjacent to Sawyer Creek at the James Road Detention Basin.
Mr. Buck presented the item and reviewed the site and surrounding area and explained the necessity
for the easement request. He reviewed the site plan for the easement area as well as the overall site
plan for the detention basin.
Ms. Propp questioned how the city would go about creating a wetland area.
Steve Gohde, Assistant Director of Public Works, responded that City staff, the consultants, and the
Wisconsin Department of Natural Resources, (WDNR), discussed the project and explained the
process which involves scraping off the soil and reducing the elevation of the land and then replanting
the area with native plants.
Mr. Bowen inquired if the process has some type of enforcement standards.
Mr. Gohde replied that the easement would assure what can be done with this land and a bond will be
required to be put up by the City and the WDNR has the ability to check on the status of the area to
ensure it was properly maintained.
Ms. Lohry questioned if this item would complete the project or if they would have to come back to
the Plan Commission and Common Council for additional approvals.
Mr. Gohde indicated that the project would commence tomorrow morning and the necessary approvals
appear to be in place however they are working through a new process that began in July so there is
some uncertainty.
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Plan Commission Minutes 1 November 20, 2012
Motion by Vajgrt to approve granting a wetland compensatory mitigation easement adjacent to
James Road Detention Basin at the 4900 block of State Road 91 in the Town of Omro.
Seconded by Borsuk. Motion carried 9-0.
II. ACCEPT STORM SEWER EASEMENT FOR PROPERTIES LOCATED AT 2835 &
2855 FOX TAIL LANE, 1658 BERNHEIM STREET AND 1657 HUNTERS GLEN
DRIVE
The Department of Public Works is requesting acceptance of four storm sewer easements for the
installation of storm sewer and a catch basin and associated grading along the common rear/side lot
lines of the subject properties.
Mr. Nau presented the item and reviewed the site and surrounding area and explained the runoff issue
and the necessity for the easement request. He gave a brief description of the mini storm sewer
installation required to address this issue.
Mr. Borsuk questioned if this was designed this way by the developer or if it was the result of post
construction history in this area.
Mr. Gohde responded that the drainage plan was not followed and to correct it at this point would
affect 6-10 lots. After discussions with the property owners, this resolution was developed to address
the issue and would only affect four property owners.
Mr. Borsuk commented that is why the City should consider performing post construction site plan
inspections.
Mr. Gohde indicated that this has been added to the code requirements for new construction.
Mr. Thoms inquired why this matter is a City issue when the developer did not properly construct it.
Mr. Gohde responded that the homeowner would be responsible for the completion of the lot and the
icing problem on the public right-of-way would have existed even if the area drained correctly.
Mr. Thoms then questioned how the post development review process would have addressed this.
Mr. Gohde responded that an inlet would have been installed and the area graded correctly. If the
property owner changes it after that, they would be responsible to have it restored.
Motion by Vajgrt to approve accepting the easements for properties located at 2835 & 2855
Fox Tail Lane, 1658 Bernheim Street and 1657 Hunters Glen Drive.
Seconded by Borsuk. Motion carried 9-0.
III: PUBLIC HEARING: 2013 CAPITAL IMPROVEMENT PROGRAM AND 2013
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM ACTION PLAN
BUDGET
Staff requests review and acceptance of the 2013 Capital Improvement Program (CIP) and 2013
Community Development Block Grant Program (CDBG) Action Plan budget.
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Plan Commission Minutes 2 November 20, 2012
determination of consistency
The purpose of this review is for the Plan Commission to make a of the
proposed programs and activities in the 2013 CIP and 2013 CDBG Action Plan budget with the City’s
Comprehensive Plan, official maps, or other planned activities.
Robin Leslie conducted the presentation of the 2013 Community Development Block Grant Program
Action Plan for the period of May 2013 through April 2014, which anticipates the 2013 budgeting for
this program. She explained that 70% of the federal funds received are required to be spent on
programs which meet the national objectives of this funding which are to benefit low to moderate
income persons, (LMI), aide in slum/blighted removal and prevention, and urgent need assistance such
as disasters. The funding for 2013 is anticipated to be $670,000 and is budgeted as follows:
Central City Development and Community Facilities 100,000
Housing & Neighborhood Development 336,000
Public Services 100,000
Administration and Planning 134,000
All programs require heavy reporting to HUD accounting for program expenditures and the Action
Plan also requires Common Council approval.
Ms. Leslie stated that photos of the past year’s projects and the various agencies that received funding
under the Public Services category and what programs these funds are utilized to support was included
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in the board packets for review. A public hearing was held on November 8 at the Seniors Center as
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well as a Common Council workshop on November 5, and final Council review on November 27.
She offered to go through the details provided in the staff report and do a full presentation for the
CDBG Action Plan budget. Commission members agreed that this was not necessary.
Mr. Borsuk questioned when work would be completed in the Ceape, Otter and Waugoo Avenues area.
He also questioned the $14,000 for signage in the plan and if the City has a policy for when signs are
installed and removed and he feels they have become excessive.
Mr. Gohde responded that signage would have to be addressed by Chris Strong, the Director of
Transportation, who is not present today. He also explained the work scheduled to be completed in the
Ceape, Otter and Waugoo Avenues area between 2015 and 2018.
Ms. Lohry inquired about further clarification of the $90,000 allocated for Public Services/Consortium.
Ms. Leslie indicated that these funds were administered by the United Way and Community
Foundation and explained the process where members who participate in ranking the applications and
how the grants are awarded through the CDBG program.
Ms. Lohry commented that she felt it was a rather small amount.
Ms. Leslie responded that the City cannot spend more than 15% of the total funds allocated on this
category.
Mr. Thoms questioned if the City developed a process for re-opening TIF districts.
Mr. Burich responded that it was on the Common Council agenda a few weeks ago however the item
was laid over until a future meeting.
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Plan Commission Minutes 3 November 20, 2012
Mr. Thoms also inquired about the W. Ninth Avenue area of reconstruction and if City staff discussed
the undergrounding of utilities with the property owners.
Mr. Gohde replied that the matter was still being evaluated and described the several options and
variety of choices involved with the decision. He further stated that due to the costs involved with this
endeavor, it was being mainly considered for entrance and gateway streets only.
Mr. Bowen asked to clarify that the only portion of W. Ninth Avenue involved was between Knapp
Street and Michigan Street.
Mr. Gohde responded that this was the only section of Ninth Avenue scheduled for reconstruction in
2016.
Mr. Borsuk commented that there was money allocated for laterals and questioned what the City was
doing to address illegal connections to the storm water system.
Mr. Gohde replied that they have not developed a policy yet and were working on the process.
Ms. Lohry inquired about the Seniors Center nursing position and if it would be continued.
Ms. Leslie responded that the CDBG funds would help to support a position as the Seniors Center was
still eligible to receive funding however there may be changes made to that position.
Ms. Propp commented that she felt the new CIP report format was wonderful and much more user
friendly however she would like to see more detail on funding spent on the Central City and
Neighborhood Development.
Ms. Leslie replied that Central City projects over the past few years have not been heavily funded as
there were funds left over from previous years to cover costs of projects undertaken. The City mainly
uses these funds to acquire properties and have them demolished due to blighted conditions and the
City has acquired several properties recently for which $50,000 is necessary for maintenance and
another $50,000 for additional acquisitions and displayed photos of two properties to be demolished on
Parkway Avenue and Bowen Street. She also described the owner occupied rehabilitation program,
the rental rehabilitation program, NeighborWorks and neighborhood association projects. She also
stated that with federal funding for these programs being cut, the City could not complete as many
projects as in the past.
Mr. Fojtik opened the public hearing for comment.
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Nicholas Schneider, 154 W. 23 Avenue, stated that he noticed that his street was scheduled for
reconstruction in the CIP and there was no mention of this in the CIP plans for 2012-2016.
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Mr. Gohde responded that W. 23 Avenue was not in the CIP prior to this year which was due to a
storm water study indicating that it was necessary to remove water from the system from the airport
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area to Lake Winnebago in an attempt to reduce flooding on 20 Avenue. W. 23 Avenue was
determined to be the preferred route to use as the storm sewer in that area dated back to 1910 through
1920.
Mr. Thoms questioned if storm water issues were the driving force in some of the street reconstruction.
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Plan Commission Minutes 4 November 20, 2012
Mr. Gohde replied that it was as in some cases the condition of the street is not that severe however the
infrastructure related to the utilities was in bad need of replacement.
Mr. Schneider stated that he also read the storm water study but he felt that property owners need time
to prepare for the additional costs related to street reconstruction and questioned what project in 2013
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were being sacrificed to complete the 23 Avenue project.
Mr. Gohde indicated that street projects have been reduced in 2013 to account for the costs of the new
Central Garage and that reconstruction of Minnesota Street, portions of New York Avenue, and several
streets in the University area were being delayed. Street reconstruction would be limited for distance
due to the lack of funding available.
As there were no further comments, the public hearing was closed.
Mr. Thoms commented that he felt the 2013 CIP and CDBG budgets were consistent with the
Comprehensive Plan and that he felt it was unfortunate that the City cannot complete all the projects
necessary however the limitation of funding is an issue.
Mr. Fojtik commented that future projects are annually shuffled around each year depending on costs
and urgency to complete.
Motion by Vajgrt to approve the 2013 Capital Improvement Program and 2013 Community
Development Block Grant Program Action Plan budget.
Seconded by Borsuk. Motion carried 9-0.
OTHER BUSINESS
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Mr. Burich stated that there would be a workshop held at the December 4 meeting along with the
Landmarks Commission and Common Council to discuss design standards related to the preservation
of architectural standards.
There being no further business, the meeting adjourned at approximately 4:41 pm. (Vajgrt/Propp)
Respectfully submitted,
Darryn Burich
Director of Planning Services
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Plan Commission Minutes 5 November 20, 2012