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Plan Commission Minutes 1 September 6, 2016
PLAN COMMISSION MINUTES
September 6, 2016
PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Steve Cummings, Kathleen Propp, Donna
Lohry, Robert Vajgrt, Karl Nollenberger
EXCUSED: Jeffrey Thoms, John Hinz
STAFF: Darryn Burich, Director of Planning Services; Jeffrey Nau, Associate Planner; James
Rabe, Director of Public Works; Steve Gohde, Assistant Director of Public Works;
Mark Rohloff, City Manager; 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 August 16, 2016 were approved as presented. (Vajgrt/Nollenberger)
I. GRANT UTILITY EASEMENT AT THE STATE STREET PARKING LOT LOCATED AT
THE NORTHEAST CORNER OF STATE STREET AND WAUGOO AVENUE
The City of Oshkosh requests the granting of a private easement through the State Street parking
lot to allow for additional electric and other private service to be provided to 105 Washington
Avenue.
Mr. Nau presented the item and reviewed the site and surrounding area and the zoning
classifications in this area and stated that the subject site was within a city owned parking lot. He
discussed the rehabilitation of 105 Washington Avenue and reviewed a map depicting the
proposed easement area. He explained the reason for the easement request which is to provide
services to 105 Washington Avenue such as Wisconsin Public Service Corporation, AT&T, Time
Warner and other private utility providers. He further stated that this area was included within
the Tax Increment Financing District #30 recently approved by the Common Council.
Mr. Burich added that this was the first step in implementing the TIF project plan which also
includes a land disposition to the developer of a portion of the State Street parking lot. The
proposed easement is a short-term easement only as once the land transfer is complete the City
will no longer have interest in the utility easement. Mr. Burich further explained that the easement
was necessary as the developer needs to get power to the structure as soon as possible. The land
disposition would be presented to the Commission at a later date once other details are worked
out.
Mr. Borsuk questioned if all the utilities would be placed underground.
Mr. Burich responded affirmatively.
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Plan Commission Minutes 2 September 6, 2016
Motion by Vajgrt to approve granting a utility easement at the State Street parking lot located at the
northeast corner of State Street and Waugoo Avenue.
Seconded by Nollenberger. Motion carried 7-0.
Mr. Bowen arrived at 4:06 pm.
II. PUBLIC HEARING: 2017 CAPITAL IMPROVEMENT PROGRAM
Staff requests review and acceptance of the 2017 Capital Improvement Program (CIP).
The purpose of this review is for the Plan Commission to make a determination of consistency of
the proposed programs and activities in the 2017 CIP with the City’s Comprehensive Plan. official
maps, or other planned activities.
Mr. Nau stated that Planning Services staff has reviewed all of the projects in the document and
did not find any projects that would be in conflict with the City’s Comprehensive Plan or other
planned activities and was recommending acceptance of the 2017 CIP as presented. He stated that
the Common Council would be reviewing the CIP at the November 22nd meeting and displayed a
map depicting most of the City’s major improvement projects included in this document,
Mr. Borsuk stated that the Quarry Park landfill has $500,000 allocated for gas mitigation and
questioned what the cumulative costs were over the last five years for this site and what it would
have cost to excavate everything from the property instead.
Steve Gohde, Assistant Director of Public Works, explained that this site was actually two different
landfills in the past.
Mr. Borsuk discussed the purchase and removal of homes in this area and other costs related to
this issue.
Mr. Gohde stated that the homes would have to have been removed to excavate the site as some
were built in areas that were previously part of the landfill and that excavating the landfill would
have been much more costly than the measures that are being taken to address the gas mitigation.
Mr. Borsuk questioned how much of the storm water work is to address flooding issues versus
storm water quality.
Mr. Gohde responded that the storm water quality is being addressed only in the Westowne
Avenue area and the rest of the projects were to reduce flooding issues however they strive to
address both concerns.
Mr. Borsuk commented that as a city, the taxpayers continue to pay money for storm water
management however the largest contributors to the quality of runoff issues do not do their share
in regard to treating the storm water runoff for solids and phosphorous. He also questioned how
the South Park lagoons interact with the working quarry in the vicinity.
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Plan Commission Minutes 3 September 6, 2016
Mr. Gohde replied that the quarry discharges water 24 hours a day which maintains the water
quality well at South Park. It is not creating any flooding concerns.
Mr. Borsuk also commented on the street reconstruction of Murdock Avenue and New York
Avenue and how it will impede north to south access and if the city looks at overall traffic control
when planning street improvements.
Mr. Gohde discussed the improvements and stated that Murdock Avenue picks up going east and
that Harrison and Main Streets are open at this point and that work will continue west of Main
Street next year. He further explained how the work is scheduled and that it is planned to not
impede the north to south traffic flow and discussed the streets to be opened and closed at
different times to complete the necessary improvements.
Mr. Borsuk commented that 50% of the pollution is generated from agricultural uses and that the
city has to continue to control phosphorous and solids however no preventive measures are in
place for agricultural uses.
Ms. Lohry questioned if East Central Regional Planning is working on these issues.
Mr. Cummings stated that the matter is currently being look into.
Mark Rohloff, City Manager, commented that the City had met with the Wisconsin Department of
Natural Resources, (DNR), last week and explained that the federal government regulates the DNR
through the Environmental Protection Agency, (EPA), and that 80 to 90% of the pollution issues in
Wisconsin waterways are due to agricultural uses. He further explained that there are two
different standards for municipal and agricultural uses and some of the issues occur naturally in
Lake Winnebago. He felt that we need to reconcile these issues however the EPA does not address
it and the DNR helps as much as possible. This issue is being worked on with the Common
Council and DNR and has been for more than a year and he hopes to reach an agreement on the
matter.
Ms. Lohry commented that this should be a state-wide effort as it affects more than just our
municipality.
Mr. Rohloff explained that there is an ongoing debate on whether the runoff from our community
is discharged to the lake or river as the lake has more stringent regulations than the river and that
the DNR has been very cooperative in this matter however the EPA is causing the issues and that
the situation has been very frustrating to deal with.
Mr. Bowen stated that there is a section in the CIP related to wetland mitigation bank development
which appears to be a new item and questioned how it functions and how it is funded.
Mr. Gohde explained the basic process which would be to create a wetland bank for either the
City’s own projects and for other development projects and that the City was working in
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Plan Commission Minutes 4 September 6, 2016
conjunction with the City of Neenah on this effort. He further explained the process of locating an
appropriate site and receiving DNR approval and turning the land back into a wetland state which
can then be sold back to the City for our use and continued to discuss the costs involved with the
James Road detention basin.
Mr. Bowen commented that it was like buying wetland futures.
Mr. Rohloff commented that both the City of Neenah and the City of Oshkosh are within the same
watershed and further explained the buying ratio involved. He continued to discuss how this
would allow for providing less mitigation when provided for by the municipality and that the use
of areas outside of the city does not take away area from the industrial park lands for these
purposes. He further discussed the costs of land acquisition for storm water management and
how this approach makes more economic sense as it is not as expensive.
Mr. Bowen commented that the concept seems to be to allow developments to use wetland areas
by purchasing other wetlands in another location and questioned if this can be conveyed to a third
party.
Mr. Gohde indicated that this would be an economic development tool that would allow the City
to either issue or sell wetland credits.
Mr. Rohloff added that this concept received the highest rating for economic development
purposes in the CIP ranking.
Mr. Bowen discussed the cost breakdown in the CIP and questioned how the portion designated as
“other” would be funded,
Mr. Rohloff responded that it may be funded from the Aviation Business Park TIF or some other
Tax Increment Financing Districts.
Mr. Borsuk discussed the potential of creating 40 acres of wetlands and questioned how large of a
parcel the City was looking to acquire.
Mr. Gohde replied that the size of the parcel would depend on what is available and suitable as
well as what land is adjacent to it and discussed the advantage of purchasing one large parcel or a
parcel that can be connected compared to purchasing numerous smaller parcels.
Mr. Rohloff added that any land acquisitions would come before the Plan Commission and
Common Council for approval.
The public hearing was opened at 4:27 pm.
Gary Gray, 815 W. Linwood Avenue, questioned if the wetland bank concept would help to
address the phosphorous issue.
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Plan Commission Minutes 5 September 6, 2016
Mr. Gohde responded that it may have some effect.
Mr. Gray continued to discuss Dane County and how they are dealing with this issue. Mr. Gray
then questioned if the South Park area detention basin is in agreement with the South Park master
plan.
James Rabe, Director of Public Works, discussed the issue and stated that there was a lot more to it
than just the reconstruction of the lagoons such as combining and reducing outlets and several
other aspects of the South Park master plan.
Mr. Gray then commented that TIF #29 had some repairs on the streets in the district however he
did not see that in the CIP document.
Mr. Burich responded that those items will be future improvements and a final planned
development has not yet been submitted and this is a placeholder in the TIF plan at this time.
Mr. Gray commented on the renovation of Oregon Street and that two blocks are not being
reconstructed as the area from the river to 6th Avenue is included in the TIF plan and 8th Avenue to
28th Avenue are referenced in the CIP. He stated that he did not see any reference to the
reconstruction between 6th and 7th Avenue in the CIP. He also commented that Oregon Street is
scheduled for work in 2017 and 2018 between 8th Avenue and 16th Avenue and voiced his concerns
with this street not being usable for a two year time period.
Mr. Rabe replied that the Oregon Street construction scheduled for 2017 involves a deep storm
sewer project and discussed the technology to be used for it which takes place underground. He
explained that contractors for this type of work are very difficult to schedule and that the City
needs to hold off on the reconstruction project until the storm sewer work is completed.
Mr, Nollenberger commented that the Commission’s responsibility is to make a determination of
consistency of the proposed programs in the 2017 CIP with the City’s Comprehensive Plan and he
does not see anything that would be inconsistent.
The public hearing was closed at 4:35 pm.
Motion by Nollenberger to accept the 2017 Capital Improvement Program with a finding that listed
projects are not in conflict with the City of Oshkosh’s Comprehensive Plan.
Seconded by Borsuk.
Mr. Bowen questioned if the Commission was voting on the 2017 CIP only or if future years would
be included, he would abstain from voting on this item.
Mr. Burich responded that the future years included in this document are for planning purposes
only and the approval is for the 2017 CIP activities only.
Motion carried 8-0.
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Plan Commission Minutes 6 September 6, 2016
There being no further business, the meeting adjourned at approximately 4:36 pm. (Vajgrt/Borsuk)
Respectfully submitted,
Darryn Burich
Director of Planning Services