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PLAN COMMISSION MINUTES
August 20, 2013
PRESENT: David Borsuk, Ed Bowen, Jeffrey Thoms, Thomas Fojtik, John Hinz, Steve Cummings,
Robert Vajgrt, Karl Nollenberger
EXCUSED: Kathleen Propp, Donna Lohry
STAFF: David Buck, Principal Planner; Jeffrey Nau, Associate Planner; 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 July 16, 2013 were approved as presented. (Nollenberger/Bowen)
I. EXTRATERRITORIAL LAND DIVISION/CERTIFIED SURVEY MAP AT 2788
KNOTT ROAD IN THE TOWN OF OMRO
The owner/petitioner is requesting a land division/certified survey map splitting portions of two
existing parcels to create a third parcel containing a total of 5.008 + acres.
Mr. Nau presented the item and reviewed the site and surrounding area. He explained the reasons for
the proposed land division and stated that the Department of Public Works has made a few
recommendations to be forwarded to Winnebago County for the final CSM and discussed said
recommendations.
Mr. Borsuk questioned why the recommendations were not made conditions of approval on the staff
report.
Mr. Nau responded that the City no longer has the authority to require conditions on extraterritorial
land divisions but forwards concerns to the County.
Motion by Nollenberger to approve the extraterritorial land division for property located at
2788 Knott Road in the Town of Omro.
Seconded by Borsuk. Motion carried 8-0.
II. GRANT PRIVATE UTILITY EASEMENT FOR PROPERTY LOCATED AT 713 S.
SAWYER STREET (KILLIAN G. SPANBAUER FIELD)
AT&T is requesting the City of Oshkosh to grant a private utility easement to allow placement of a
fiber cabinet at Killian G. Spanbauer Field. The proposed easement has two parts consisting of a six-
foot wide by 31.83 foot long non-exclusive easement coming off of S. Sawyer Street and an adjacent
eight-foot by twelve-foot exclusive easement to the west.
Mr. Nau presented the item and reviewed the site and surrounding area. He explained the reasons for
the easement request and the expansion of AT&T services. He reviewed the easement area and
indicated that the City would be working with AT&T to have appropriate documents signed and
recorded at the Winnebago County Register of Deeds if the proposed easement was approved.
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Plan Commission Minutes 1 August 20, 2013
Mr. Hinz questioned if the easement area would create any interference with the parking lot for the ball
diamond.
Mr. Nau responded that the easement area would be south of the parking area and any paved surfaces
and should not be an issue.
Motion by Vajgrt to approve the granting of the private utility easement for property located at
713 S. Sawyer Street (Killian G. Spanbauer Field).
Seconded by Borsuk. Motion carried 8-0.
III. PUBLIC HEARING: 2014 CAPITAL IMPROVEMENT PROGRAM
Staff requests review and acceptance of the 2014 Capital Improvement Program (CIP). The purpose of
determination of consistency
this review is for the Plan Commission to make a of the proposed
programs and activities in the 2014 CIP with the City’s Comprehensive Plan, official maps, or other
planned activities.
Mr. Buck presented the item and stated that it was a five year plan however only the first year was
being reviewed for acceptance and consistency at this time.
Steve Gohde, Assistant Director of Public Works, stated that the document outlines major projects for
the City in the upcoming year such as streets, utilities, sidewalks, traffic, parks, equipment, and tax
increment financing districts improvements. He indicated that other years beyond 2014 were merely
estimates at this time and is subject to change. He passed around a map depicting the areas scheduled
for improvements in the 2014 CIP.
Mr. Cummings stated that he noticed the Edgewood Village Subdivision was listed in the CIP for
concrete pavement work and inquired if the issues had been worked out as he was aware that this
subdivision has been in a state of contention for quite some time.
Mr. Gohde responded that the funding listed in the CIP was an estimated value for required street work
and they would still have to contact all parties involved prior to proceeding with any street
construction. He further explained that there were still issues between the bank and the developer and
assessments would have to be completed and explained the process involved with new developments.
Mr. Cummings inquired if the homeowners in the development would be assessed for the
improvements.
Mr. Gohde responded affirmatively.
Mr. Borsuk questioned how funding was set aside for developer’s agreements in these situations.
Mr. Gohde explained the circumstances of this particular development and stated that internally the
City has taken steps to prevent some of the issues with this situation from occurring in the future.
Mr. Thoms inquired how the Bicycle and Pedestrian Plan was being addressed in the CIP as he did not
see anything related to it in the document or if it was handled as an item in the Transportation
Department’s regular budget. He also questioned when street reconstruction is taking place if it
includes any improvements related to the Bicycle and Pedestrian Plan.
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Plan Commission Minutes 2 August 20, 2013
Mr. Gohde indicated that striping for the bicycle lanes would usually be an item that would come out
of the Transportation Department’s budget and described the process of how expenses were allocated
from either the Department’s budget or capital improvement expenditure. He further explained how
the bicycle lanes would be handled to the best of his knowledge and stated that it should be included
when street reconstruction is being completed. He further commented that there may be a few streets
listed in this years CIP however he did not have details on how the striping and signage for the bicycle
lanes would be handled. Chris Strong, the Transit Department Director, was not present to offer any
further information on this matter.
Mr. Borsuk commented that there was not that much detail included in the CIP plan compared to the
past.
Mr. Thoms questioned if the central garage had expenditures in both this year and 2014’s CIP.
Mr. Gohde replied that the 2013, 2014 and 2015 CIP all had funding included in it for the
reconstruction of the central garage.
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Mr. Fojtik commented that the southwest corner of 9 Avenue and Washburn Street was referenced in
the storm water section of the CIP and questioned if that was the area behind the A&W Restaurant.
Mr. Gohde responded affirmatively.
Mr. Bowen stated that the replacement of the water tower in 2014 or 2015 in the Marion Road area
was referenced and questioned if this expenditure was included in previous CIP’s. He stated that the
item was an expenditure for a study and questioned if this study was going to consider other locations
for the tower.
Mr. Gohde replied that the City has researched other locations for the water tower however it was
determined that it needs to be located in this proximity.
Mr. Bowen then questioned what the study provided for if not relocation.
Mr. Gohde indicated that part of it was for actual design components and the need to do some aesthetic
planning for it since it could not be relocated.
Mr. Bowen also commented about the funding allocated for the Marion Road Redevelopment Area
Remediation and questioned what was going to be completed as he thought the environmental
contamination issues were already addressed.
Mr. Gohde responded that there were some current and proposed projects in that area and heavy
contamination is an existing condition on that site. Any further details would have to be directed to the
Director of Community Development, Allen Davis, who was not present at today’s meeting.
Mr. Borsuk inquired if this remediation was being done in anticipation of a development project or one
that was already in hand.
Mr. Buck replied that there are some development plans in process and grant funding has and is being
pursued through the EPA and other entities.
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Plan Commission Minutes 3 August 20, 2013
Mr. Cummings commented about the funding allocated for riverwalk projects and stated that it does
not mention docks and questioned if they were included.
Mr. Gohde responded that it would be another question that would require a response from Mr. Davis.
Mr. Thoms commented that the north side of the riverwalk was complete and questioned if any type of
fencing or railing was going to be installed along the river.
Mr. Gohde responded negatively and stated that the Parks Department or Community Development
would have to address questions on the development of the riverwalk.
Mr. Thoms stated that the City was planning for a lawsuit by constructing this without any fencing or
railing to prevent citizens from falling in the river and felt that the Plan Commission approved this plan
with fencing or railing along the river’s edge.
Mr. Cummings commented that that scenario would be similar to trying to fence off Lake Winnebago.
Mr. Thoms indicated that he felt this was different as it was a high pedestrian area and bad planning to
not include fencing or railing as it is more prudent in areas with a lot of pedestrian traffic and it makes
no sense to him to not have included this safety feature.
Mr. Hinz stated that he did not see anything scheduled for the reconstruction of Oregon Street in the
CIP.
Mr. Gohde responded that the reconstruction was on the fringe of planned projects however some
items had to be reshuffled to make funding available for other projects and the reconstruction of
Oregon Street should appear in next years CIP for 2019 consideration.
Mr. Borsuk questioned why asphalt was being proposed for street reconstruction on heavy industrial
streets instead of concrete.
Mr. Gohde replied that funding availability was an issue and the asphalt should last until complete
reconstruction of those streets was scheduled to be done.
Mr. Borsuk commented that asphalt only has about a ten year life span in industrially used areas.
Mr. Bowen stated that the 2015 CIP had some deferred land acquisition costs and questioned what that
was referencing.
Mr. Gohde responded that Mr. Davis would have to address that issue.
Mr. Borsuk commented that there seemed to be a number of questions relating to the Community
Development Department that could not be addressed and hoped that they will be revisited at the
Common Council meeting to obtain answers.
Mr. Nollenberger stated that the staff report refers to the Plan Commission’s role with the CIP was to
make a determination of consistency of the proposed programs and activities with the City’s
Comprehensive Plan and therefore did not require a more detailed review of all the items contained in
it.
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Plan Commission Minutes 4 August 20, 2013
Mr. Thoms stated that he was willing to accept that the CIP was not in conflict with the
Comprehensive Plan although he may not agree with all the funding allocations and he was not
satisfied that there were numerous questions that could not be answered.
Mr. Borsuk commented that the Plan Commission can agree that they received the document and was
approving it going forward to the Common Council for their review.
Motion by Vajgrt to approve that the 2014 Capital Improvement Program budget is consistent
with the Comprehensive Plan.
Seconded by Nollenberger. Motion carried 8-0.
PLANNING DIRECTOR’S REPORT
There was no planning director’s report as Mr. Burich was not present.
There being no further business, the meeting adjourned at approximately 4:35 pm. (Vajgrt/Borsuk)
Respectfully submitted,
David Buck
Principal Planner
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Plan Commission Minutes 5 August 20, 2013