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Home My WebLink AboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, November 11, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tony Palmeri, Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King and Mayor Frank Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Dave Praska, Assistant City Attorney, and Steve Gohde, Assistant Director of Public Works Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Sapphire Johnson-Baum and Dusko Milanovic from Lincoln Elementary School; and, Julia Halstead and Grace Halstead from Franklin Elementary School. Public Hearings Mayor Tower ordered the following Public Hearing: 2009 City Budget Steve Barney, 1260 Elmwood Avenue, explained that at a February 2008 Energy and Environmental Board meeting there was a recommendation made for staff to write a letter to the Oshkosh Area Community Foundation fora $1200 grant. He stated that the City had been told the grant would go to them; however, there needed to be a written request. He stated that the Energy and Environmental Board had been informed that the Acting City Manager decided to take the funds from the budget rather than apply for the grant. He stated that the Energy and Environmental Board was interested in hiring a student intern for $1200 a semester. Dick O'Day, 715 Hazel Street, stated that funds could be used for practical needs rather than a parking lot. He questioned what happened to the contingency of $50,000 that had been passed regarding the Convention Centre. There were no other appearances and the Public Hearing was CLOSED. 1 Proceedings of the Common Council -November 11, 2008 Ordinance 08-416 Approval of Map Amendment to the Floodplain Zoning Ordinance to Change the Base Flood Elevation at 459 North Washburn Street (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 08-417 Approval of Chapter 30 Zoning Ordinance to Amend the Subdivision Ordinance to Create Sections Regarding Terrace Trees (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda Resolution 08-418 Approval of Conditional Use Permit for a Roof Mounted Telecommunication Tower and Antenna / 404 North Main Street (Plan Commission Recommends Approval) Resolution 08-419 Award Bid to Jefferson Fire and Safety Inc. for Rescue Tool-Extractorfor Oshkosh Fire Department ($53, 431.55) Resolution 08-420 Approval of Operator's License's and Secondhand Dealer's License MOTION: ADOPT CONSENT AGENDA (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 08-421 Amend Chapter 30 Zoning Ordinance /Amend Sections on Required Improvements to Subdivisions -Sanitary Sewers, Water, Storm Sewers, Street Widths (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Palmeri requested an explanation of how Public Works determined what size sewer pipe to be installed. Mr. Gohde explained that there were master plans to outline where interceptors and pipes need to go. He stated that the City pays for the cost of upsizing to meet the requirements 2 needed for the area to be developed. Proceedings of the Common Council -November 11, 2008 Council Member Palmeri questioned why the wording had been changed. Mr. Gohde explained that the current wording had been written where it held the City accountable for payment if the developer was going to put in a high intensity use to serve a specific use. He stated that the new language allowed the City to charge the cost to the developer. Ordinance 08-422 Approval of Speed Limit Changes on Algoma Boulevard (correction of highway designation only) and Parking Regulations Changes on Bauman Street, Bismarck Avenue, Logan Drive, Smith Avenue and 5th Avenue MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Ordinance 08-423 Approval of an Ordinance stating that "Bikes, Scooters, Motorized Vehicles, or Other Wheeled Devices (Excluding Skateboards or In- Line Skates) Are Not Allowed at The Red Arrow Skate Park" (Park Board Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Palmeri questioned how the ordinance would be enforced. Mr. Stephany, Parks Director, explained that the Oshkosh Police Department would enforce the ordinance and that skaters using the facility would call the police if they noticed the ordinance was not being followed. Resolution 08-424 Approval of Settlement Agreement and Release of Claims for Excessive Assessments / Brookside North Apartments, LLP; Brookside of Oshkosh, LLC; Havenwood Heights, LLC; Havenwood Lake, LLC; Country Park Apartments, LLC; Maple Court Apartments, LLC; and Midwest Real Estate Development Company, Inc. MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Palmeri questioned if all data used for court had been provided at the time of the Board of Review. Steven Schwoerer, City Assessor, stated that not all information had been provided at the Board of Review. He explained the process was to provide income analysis and appraisals. He stated that 90 days after the Board of Review the property owner could go before ajudge; 3 or wait and pay the taxes then file for an excessive assessment claim, and then that claim comes before Council with a request by the City Attorney to either deny or pay a settlement. He explained that Midwest Realty filed what was called a stipulating to the facts and a court Proceedings of the Common Council -November 11, 2008 date could take up to four years, in 2007 after mediation an agreement was not reached, Midwest then came back with more realistic appraisals and suggested to settle. Council Member Palmeri questioned if the Assessor's office was confident with the assessment and why the decision to settle rather than litigate in court was chosen. Mr. Schwoerer stated that he believed his assessment to be accurate. He stated the cost of litigating in court would be an additional cost. He explained the court costs, money for an expert witness and the insurance attorney along with the risk of losing. Dave Praska, Assistant City Attorney, explained the Walgreens case that prevailed at the Supreme Court level and stated that assessments need to consider the income approach. Council Member Palmeri questioned if the Walgreens case would be binding in this case. Mr. Praska stated that it would not decide the case but that it would be binding. Council Member Palmeri questioned if an owner wanted to use the income approach if they would need to provide their income and how the City would know the numbers were credible. He questioned if the income information was public knowledge. Mr. Schwoerer stated that in 2005, his office requested income analysis from all apartment owners and his office received 10%. He explained that with the minimal amount of return a model to work from could not be created. He stated that all information for Board of Review was public knowledge. Citizen Statements Dick O'Day, 715 Hazel Street, presented the Wisconsin Municipalities for Efficient and Strategic TIF use guide to Council for review. Council Member announcements, Statements and Discussion Mayor Tower announced that on November 18t" at 5 p.m. there would be a budget and capital improvements workshop. Mr. Rohloff requested Council to give staff direction for potential changes so they would be prepared for the November 25t" meeting. Mayor Tower questioned if there would be a December 23rd meeting and what the time of the meeting would be. Mr. Rohloff stated that the agenda for that meeting would be light. 4 Deputy Mayor Bain questioned how a change would need to be made regarding the 2nd meeting in December. Proceedings of the Common Council -November 11, 2008 Mr. Rohloff stated that formal action would need to be taken. Council Member Tower questioned if the resolution would be on the agenda for the 1St meeting in December. Deputy Mayor Bain suggested having part A of the resolution be to cancel the 2nd meeting or part B to have the meeting held at noon. City Manager announcements, Statements and Discussion Mr. Rohloff presented the 3rd quarter financial review and stated that the staff would be presenting quarterly financial reviews for the Council. MOTION: ADJOURN (Esslinger; second, Bain) CARRIED: VOICE VOTE The meeting adjourned at 6:42 p.m. PAMELA R. UBRIG CITY CLERK 5