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HomeMy WebLinkAboutMinutes__________________________________ Plan Commission Minutes 1 September 5, 2017 PLAN COMMISSION MINUTES September 5, 2017 PRESENT: David Borsuk, Ed Bowen, Thomas Fojtik, Steve Cummings, Kathleen Propp, Robert Vajgrt, Michael Ford EXCUSED: Jeffrey Thoms, John Hinz, John Kiefer STAFF: Darryn Burich, Director of Planning Services; 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 August 15, 2017 were approved as presented. (Vajgrt/Ford) I. PARTIAL RIGHT-OF-WAY VACATION OF SHERMAN ROAD BETWEEN SUNNYVIEW ROAD AND COUNTY ROAD A, ACCEPT TEMPORARY CUL-DE-SAC EASEMENT AND OFFICIAL MAPPING OF AN EXTENSION OF SHAMBEAU DRIVE The petitioner is requesting the vacation of an approximately 33 foot wide, 200 foot long and a 66 foot wide, 687 foot long portion of Sherman Road, acceptance of a temporary cul-de-sac easement and official mapping of an extension of Shambeau Drive. Mr. Nau presented the item and reviewed the area proposed to be vacated, the temporary easement location, and the area proposed for official mapping. He discussed the history of the road and reviewed the surrounding area and land use in this area. He also discussed the use of the road which is minimal and its current condition which is poor as well as the costs to the city and adjacent property owners to reconstruct it. He discussed the access points to the mobile home park and that the vacated road area could be graded to provide a storm water drainage feature. He explained that one portion of the road is located in the Town of Oshkosh and must be vacated by that entity and he also explained the use of the temporary cul-de-sac and that it would be released upon the construction of the extension of Shambeau Drive. He reviewed the official mapping portion of this request which will require an amendment to the plat for the subdivision if approved. Mr. Bowen arrived at 4:06 pm. Mr. Borsuk questioned if the street vacation should include a condition relating to maintaining the easement rights for the water main that extends through this area to the mobile home park. Mr. Nau responded that this was not necessary as current active public utilities are maintained by right until such a time that the active utilities would be removed so a condition is not required. __________________________________ Plan Commission Minutes 2 September 5, 2017 Ms. Propp requested clarification of where the municipal boundaries lie between the city and the town. Mr. Nau displayed on the map the location of the municipal boundary. Ms. Propp then questioned if the Island View Subdivision was located in the city. Mr. Nau responded affirmatively. Mr. Bowen inquired if the area proposed to be officially mapped was under the same ownership as the party that requested the street vacation. Mr. Nau again responded affirmatively and stated that the owner was agreeable to the request. Steve Gohde, Assistant Director of Public Works, stated that the city would retain easement rights for the utilities however he felt it would be appropriate to add a condition relative to surface drainage as that language is very vague. He suggested that wording of “surface drainage is maintained to serve upstream lots” to address this issue. Jim Erdman, Chairman for the Town of Oshkosh, 2492 Hickory Lane, discussed the home on the corner of Sherman Road and Sunnyview which is located in the town and that the drainage breaks on their land and concerns that the vacation of the street would affect the current drainage flow. He further discussed the ditch in the area and how the drainage flows to the north and the concerns that the home on the corner would be required to annex their property into the city. He commented on the road condition which is in poor shape and the funding for road aides the city receives and the maintenance of this portion of it and that if the vacation was approved that the entire existing pavement needed to be removed. He indicated that the city should also remove the paved area located within the town once the vacation had been approved by the town. He questioned if the city had plans to create a detention basin in this area. Mr. Nau responded negatively and stated it would just be a drainage way. Mr. Erdman reiterated that the drainage still needs to flow to the north after the paved area is removed so it does not negatively affect existing properties. He felt that the official mapping of the street to service the subdivision would be a positive improvement. Ms. Propp questioned if the town was acceptable to vacating their portion of the road. Mr. Erdman responded that the town would not have an issue with vacation of the land however the city needs to remove the pavement of the entire road. He again discussed the backyard of the home on the corner that is the only home on this road that is located within the town and their concerns with any change to the current drainage flow. Robert Doemel, 1005 Marway Court, commented that he was in favor of the proposed street vacation as the road is in bad shape and their property has a berm with trees on it along this __________________________________ Plan Commission Minutes 3 September 5, 2017 portion of the road and no access to it directly. He stated he did have questions on the vacated area as far as maintenance of a vegetative waterway and if this would be the responsibility of the city or the home owners. Mr. Gohde indicated that the city does not have plans to change the drainage from its current state and that the city would remove the pavement, install top soil and seed it with two roadside ditches serving the properties but drainage issues and mowing would be up to the property owners to maintain. The road grading will not change from its current state. Mr. Doemel commented that he liked the vegetative buffer that they had between their property and the trailer park and they no longer maintain the ditch area behind their property. If the existing ditches were to remain as they currently exist, what is he going to gain but the additional land that he would acquire due to the street vacation. Anita Pemberton, representing Lakeview Mobile Home Park, 3766 Glenhurst Lane, commented that she had discussed putting in a swale in this area at one time and if the grading of the road area is not changed, they should not have any flooding issues. Mr. Gohde stated that the center line grade should be very close to what it is today and that there were no proposed changes to the existing ditches however adjacent property owners can create a larger ditch privately if so desired. Mr. Erdman discussed that the city was proposing to remove the pavement and seed the area however there would need to be some excavation done to not have two ditches as it currently exists and he thought the construction of one drainage ditch would be beneficial to everyone. He commented that trying to get everyone to agree on what is necessary may be difficult after it is approved. Ms. Pemberton stated that they pay storm water runoff fees and questioned where they get access to the city storm sewer system and if they could get access to storm sewer along the vacated road. Mr. Gohde commented that this project was not intended to go into a storm water management project and discussed that the area is under study or will be in the near future and they will recommend improvements to the water shed in this area over time and the four property owners adjacent to this site could coordinate improvements if they felt necessary. He explained that the city does not have funds budgeted for this and a study needs to be completed before any improvements would be planned as this may not be the best location for it. The existing east/west ditch will continue to the east and will cut down on water flowing to the north which will reduce water flowage in this area. Mishawn Doemel, 1005 Marway Court, questioned what the storm water management would be if the road was reconstructed rather than vacated. She inquired as to what the next steps would be if the vacation was not approved. __________________________________ Plan Commission Minutes 4 September 5, 2017 Mr. Gohde responded that if the city was to reconstruct this portion of Sherman Road, it would be a mill and asphalt overlay project with the ditches remaining as they currently exist. Ms. Doemel commented that if there was no advantage to the property owner, they do not want to pay taxes on additional property that they would acquire. If no swale was to be installed, it was not worth while in her opinion. Leroy Zacher, 4470 Island View Drive, owner of the Island View Drive Subdivision, stated that there was some discussion on the construction of a single swale down the middle of the road as water flow was occasionally blocked off by debris in the ditches. He felt that the vacation would improve this issue and that one ditch would make more sense than two. He had conversations with the mobile home manager and city staff regarding this issue in the past. Mr. Cummings arrived at 4:30 pm. Bill Wolfgram, 1002 Sunnyview Road, stated that he had heard that there would potentially be only one ditch and he had concerns with water runoff and the pavement being left in place however he had no objections to the item as proposed. Motion by Borsuk to approve a partial right-of-way vacation of Sherman Road for area located between Sunnyview Road and County Road A, acceptance of a temporary cul-de-sac easement and official mapping of an extension of Shambeau Drive. Seconded by Vajgrt. Mr. Bowen commented that it did not sound like everyone was on the same page regarding the drainage issues and although it was likely that this would be approved, these details needed to be worked out prior to it going forward. He discussed the approval and he suggested tabling the item until further review could be completed. Mr. Gohde commented that as far as a timeline, they are working with requests for the road to be resurfaced and that the money would be better spent to remove it. He discussed that the city will cut a ditch to keep the water going along Sunnyview and could work out cutting a ditch for the four property owners on this street through the developer. He explained that the grading and ditch project could happen after the street vacation had been approved and residents can see how things are going. Mr. Ford questioned if there was any appreciable difference with drainage between the road being vacated with the existing conditions of two ditches instead of creating one new one. Mr. Gohde gave further explanation of the drainage way and grading in the area and how it functions. Mr. Ford then questioned if there was any reason to expect that this situation would get worse due to the removal of the paved road. __________________________________ Plan Commission Minutes 5 September 5, 2017 Mr. Gohde responded that he felt it would reduce the water runoff in the area. Ms. Propp agreed with Mr. Bowen that the request should be laid over until the drainage issues were settled as the city is not going to dig a single drainage way down the road after the pavement is removed and the adjacent property owners do not want the land. Mr. Burich stated that the road can be vacated and have two ditches in this area as it currently exists. He further stated that he could review the statutes governing this and if residents were opposing it, it may force a super majority vote at the Common Council level to approve. Public Works was still supporting moving forward with the vacation as proposed. Mr. Borsuk inquired if the property was to revert to adjacent property owners, who would these property owners be. Mr. Burich indicated that it would be a few private property owners on the east and the mobile home park on the west. Mr. Borsuk commented that he felt it would do no harm and that the maintenance issues would be taken off the table and the property owners could address the drainage issues on a personal level. He felt that the proposed vacation and official mapping were in the best interest of the city and should be supported. Mr. Bowen commented that the process would give land to property owners that do not want it and discussed the benefits were being considered over people’s desires. He further commented that he would like to see it come back with some solution to the concerns that would make everyone happy but he was in agreement that the road in this area does not need to exist. Ms. Propp questioned how to amend the motion to approve this request to table it for two weeks instead. Mr. Borsuk withdrew his motion. Mr. Ford commented that the Commission was a land use body and the vacation of the street was the logical thing to do as it is a road that will not be maintained, is in poor condition and should not affect the status quo of the current drainage in the area. He felt the concerns seem more political and should be handled at the Common Council level in this case and the Commission should act on the request. Mr. Vajgrt stated that removing the pavement and seeding the previously paved area should create a natural drainage system and seems like a good idea. Mr. Bowen still felt there may be a way to resolve the concerns in the next two weeks. Mr. Burich indicated that the petitioner has made the request and he does not know what his time frame is to get this process moving forward. __________________________________ Plan Commission Minutes 6 September 5, 2017 Mr. Zacher stated that he does not have a time frame for completion and was taking this opportunity to do some planning for future purposes. He felt the vacation of this underutilized road would be beneficial as it would result in less impervious surface and discussed the water issues in this area. He also discussed conversations between him and the manager of the mobile home park relating to the creation of one swale down the middle of the vacated roadway. Mr. Burich questioned if the petitioner would be open to a two week delay for his request. Mr. Zacher responded affirmatively. Mr. Gohde added that he also did not see any harm in a two week delay. Mr. Vajgrt seconded the withdrawal of the motion. Ms. Propp motioned to lay over the request for two weeks. Seconded by Mr. Bowen. Motion carried 6-0. PLANNING DIRECTOR’S REPORT Oregon Street Reconstruction Mr. Burich reported that the Common Council has made the decision on the reconstruction of Oregon Street at the status quo with no change in the existing street width. Mr. Borsuk voiced his concerns with if the proposed design and engineering work was harmonious with the City’s Comprehensive Plan. He discussed reconstruction of major arterials that he felt should be brought to the Commission for input prior to proceeding as he felt some of these reconstructions present unique challenges such as how it services, usage, and compatibility with transportation. He felt that it needs to be harmonious with long term planning concepts and the Commission should be kept informed prior to designs being formalized. Mr. Burich discussed street reconstruction projects and property owners within the neighborhood and that there was no clear cut solution in this case. He indicated that the Oregon Street business community did not desire more intensive reconstruction similar to N. Main Street and this item was taken to the Traffic Review Advisory Board and the Bicycle and Pedestrian Committee for recommendations as this item is something that is more in their realm for implementation. Mr. Gohde commented that they are behind schedule on this project as there are private utilities in place and designs need to be addressed before next year. Imagine Oshkosh Community Workshop Mr. Burich reported that there will be a workshop held tomorrow from 6:00pm to 7:30pm at the Convention Center which will be an open house and a presentation by the consultant and invitations were sent out. He further stated that the intent was to get the document reviewed and adopted in the next month or so. __________________________________ Plan Commission Minutes 7 September 5, 2017 Comprehensive Plan Update Mr. Burich reported that we have entered the land use phase of the plan and discussed the categories for various land use plans. Ms. Propp questioned if the golf course item would come forward, would it require a land use amendment. Mr. Burich responded affirmatively and stated that to be consistent with the City’s current Comprehensive Plan, a land use amendment would be required to be approved for this area. Mr. Bowen discussed the transitional use that was proposed by East Central Regional Planning at the last meeting for the Comprehensive Plan Update Committee however this has not been approved at this point. Mr. Burich indicated that this concept would involve a broader discussion. There being no further business, the meeting adjourned at approximately 4:55 pm. (Vajgrt/Bowen) Respectfully submitted, Darryn Burich Director of Planning Services