Loading...
HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday, July 13, 2011, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. Mr. Rohloff introduced the new Assistant Finance Director, Beth Moore. PRESENT: Council Members Steve Cummings, Steven Herman, Jef Hall, Deb Allison- Aasby, Bob Poeschl, Tom Pech, Jr. and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Cummings read the Invocation The Pledge of Allegiance was led by Council Member Cummings CS ITIZEN TATEMENTS Jeff Decker, 1119 Otter Avenue, represented the Oshkosh Neighborhood Watch invited nd council members and the community to participate in the National Night Out on August 2. PH UBLIC EARINGS Resolution 11-294 Adopt 2011 Transit Development Plan MOTION: ADOPT (Poeschl; second, Cummings) MOTION: AMEND TO ADD LANGUAGE TO LAST PARAGRAPH – WITH UNDERSTANDING THAT MAJOR ROUTE SYSTEM CHANGES FROM CURRENT SYSTEM BE APPROVED BY COMMON COUNCIL FOLLOWING A RECOMMENDATION FROM THE TRANSIT ADVISORY BOARD (Pech; second, Cummings) WITHDRAWN MOTION: AMEND TO ADD LANGUAGE TO LAST PARAGRAPH – WITH UNDERSTANDING THAT MAJOR ROUTE SYSTEM CHANGES FROM CURRENT SYSTEM BE APPROVED BY COMMON COUNCIL FOLLOWING A RECOMMENDATION FROM THE TRANSIT ADVISORY BOARD (Poeschl; second, Hall) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower 1 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower; Noes (1) Hall Steve Vickman, 1815 White Swan Drive, representing the Oshkosh Area Community Pantry on Jackson Street, encouraged the Council not to eliminate the bus stop at the food pantry as it would create a hardship and a safety hazard to patrons of the pantry. Council Member Pech asked Mr. Strong what the process would be going forward if the resolution was approved. Chris Strong, Transportations Director, explained if the Council adopted the plan he would work with the Transit Advisory Board to prioritize the recommendations and set public hearings. Council Member Herman thought the plan was in-depth and well put together. Council Member Hall requested a clarification that the routes in the report were set however the stops were still up for debate. Mr. Strong replied council approval of the resolution would not approve the routes or the stops, merely the philosophy behind the routes. Council Member Hall stated he would not support the resolution citing issues with the philosophies behind several of the routes. Council Member Cummings stated the fare structure over the next five years should be examined. He also wanted to know what the consequences would be if the plan was voted down by the Council. Mr. Strong indicated if the Council did not want to approve the plan they could either amend the plan or send it back to City Staff. If the plan was approved by the Council, it could be modified at any time. Council Member Poeschl stated the Council should give the Transit Department direction on the transit plan rather than just approve or deny it. Mr. Rohloff asked if the plan was approved, what the process would be for the Council to make route changes. Mr. Strong stated substantial route changes involved a public hearing and the decisions were dealt with mostly at the Transit Advisory Board level. If there were funding implications those changes would go before Council for approval. He added his staff would welcome input from council members regarding the transit plan. 2 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Council Member Allison-Aasby stated she would like route changes to be approved by the Council. She also stated she would like fares to be reviewed. Council Member Pech explained the direction from the Council to the Transit Staff should be to develop a route system that met the needs of the community in the most efficient manner possible and proposed an amendment requiring City Staff to bring the route structure to Council for approval. Council Member Hall would not support the amendment citing a fundamental disagreement with the routes in the plan. Mayor Tower asked Mr. Strong what the drawback would be if the Council tabled the resolution. Mr. Strong stated many of the plan recommendations are tied to the 2012 budget, thus if the resolution was tabled it would push those recommendations into next year’s budget. Council Member Poeschl did not support tabling the resolution as a year and a half was already spent on devising the plan. Council Member Herman did not support the amendment as he interpreted Mr. Strong’s memo included with the resolution to be that all route changes would be brought before the Council for consideration. Council Member Pech agreed with Council Member Herman and withdrew his proposed amendment. Council Member Hall reiterated he would not support the resolution as he was opposed to the transit plan in general. Council Member Poeschl felt memos were only attached to resolutions and not actually part of them. Therefore, he proposed the amendment originally brought forth by Council Member Pech. Ordinance 11-295 Approve Rezoning the Property at 1428 Algoma Boulevard from R-1C Single Family Central to R-1C Single Family Central with a Planned Development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 11-296 Approve Final Resolution for Special Assessments / Storm Sewer Laterals and Sidewalk Repair – Westhaven Circle and South Westhaven Drive MOTION: ADOPT (Pech; second, Poeschl) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower 3 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 11-297 Approve Final Resolution for Special Assessments / Paving, Sidewalk, Driveway and Utilities – Westfield Street (Robin Avenue to North of Taft Avenue) MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Resolution 11-298 Approve Final Resolution for Special Assessments for Asphalt Paving, Curb-Gutter, Sidewalk, Driveway, and Utilities – High Avenue and Various Side Streets (Wisconsin Street to Congress Avenue) MOTION: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Council Member Herman questioned why the streets were being paved with asphalt as opposed to concrete. Mr. Rohloff explained the reason the streets were being paved with asphalt was due to the ongoing changes occurring at the university. The underlying utilities of these streets still had some life in them and the life expectancy of the asphalt would be eight to twelve years which would be enough time for the university to make their changes. Resolution 11-299 Approve Final Resolution for Special Assessments/ Sanitary Sewer Laterals – Merritt Avenue (Bowen Street to Hazel Street) and Grove Street (Nevada Avenue to Bent Avenue) MOTION: ADOPT (Poeschl; second, Pech) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Resolution 11-300 Approve Final Resolution for Special Assessments / Grade-Gravel, Asphalt Paving, Sidewalk, Driveway, and Utilities – Hazel Street (Melvin th Avenue to New York Avenue) and Alley West of Main Street (14 th Avenue to 15 Avenue) MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Patricia Diener, 1316 Broad Street, questioned if paving would be done on Melvin Avenue. Mr. Patek clarified the paving would be done on Hazel Street between Melvin Avenue and New York Avenue. 4 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY CA ONSENT GENDA Approval of Bills presented by the Finance Director. Receipt and filing of Common Council Minutes from June 28, 2011 Receipt of Claim filed with the City’s Insurance Company / Scott Ney for Alleged Sewer Damage to his Basement Resolution 11-301 Approve Rescission of Property Taxes (Diamond Auto Repair) Resolution 11-302 Approve Conditional Use Permit for Continued Use of the Planned Development of a Limited Venue Festival Site at the Southwest Corner of Washburn Street and Ripple Avenue in the City of Oshkosh and Town of Nekimi (Plan Commission Recommends Approval) Council Member Poeschl questioned if there was a health plan condition associated with the conditional use permit. Darryn Burich, Director of Planning, indicated the health plan condition was similar to the health plan adopted by Winnebago County. He explained the plan covered camping, sanitation and trash pick up. Council Member Poeschl questioned if debris such as mud on the road would be removed on a daily basis. Mr. Burich stated in the past mud on the road was removed at the end of an event however next year that would change to daily. Council Member Poeschl questioned if the shuttle buses used at this year’s event were planned prior to the event. Dan Liebhauser, Country USA event organizer, stated prior to the this year’s event a contingency plan was put into place that if the grounds were unusable to park vehicles, shuttle buses would be used for the entrance and exit of concert goers. Council Member Poeschl questioned if the shuttle buses were used only when the grounds were unusable to park vehicles. Mr. Liebhauser explained the shuttle bus contingency plan was intended only for emergency situations. Mayor Tower wanted clarification as to what the City was responsible for and what the Town of Nekimi was responsible for regarding the festival grounds. 5 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Mr. Burich explained the camping on the grounds and the festival itself were located in the Town of Nekimi which fell under the jurisdiction of Winnebago County zoning. He stated the access to the festival site and the parking were located in the City of Oshkosh. Mr. Rohloff added the Oshkosh Police Department provided traffic control on Washburn Street as it was located in the City. He explained the Oshkosh Fire Department provided services under a contract with Country USA and Rock USA. Resolution 11-303 Approve Planned Development for Construction of a Multiple Family Dwelling Development on the West Side of North Main Street, Between Murdock Avenue and Viola Avenue (Plan Commission Recommends Approval) Council Member Poeschl questioned what the parking restrictions were on North Main Street and Viola Avenue. Mr. Burich believed there was parking on the south side of Viola Street but could not speak to the parking on North Main Street. Council Member Poeschl questioned if parking would be allowed on the west side of North Main Street once the proposed townhouses were built. Mr. Strong stated whether or not parking would be allowed on North Main Street would be a future Council decision, however it was his understanding that the developer of the townhouses allotted for ample on site parking. Council Member Poeschl questioned if the on site parking for the townhouses included visitor parking. Mr. Burich stated the developers of the townhouses incorporated on site guest parking. He explained the guests of the apartment complex would also be able to park in the Fair Acres parking lot. Mayor Tower requested the resolution be removed from the consent agenda in order to be discussed separately. Resolution 11-304 Approve Planned Development for construction of a Stand Alone Restaurant, Stand Alone Commercial Building and Commercial Strip Center at 1200 South Koeller Street (Plan Commission Recommends Approval) Resolution 11-305 Approve Setting Public Hearing Date to Vacate Portion of Rath Lane Adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road (Plan Commission Recommends Approval) 6 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 11-306 Approve Acquisition of Property in the amount of $625,000.00 at 2449 State Road 44 for the Expansion of the Universal Business Park Resolution 11-307 Approval of Change Order No. 1 for Public Works Contract No. 11-09 with Donald Hietpas and Sons, Inc. for Ninth Avenue Water Main Construction ($116,017.16) Resolution 11-308 Award Bid for Public Works Contract No. 11-03 to Lowest Responsible Bidder as Recommended by Staff for the Westfield Street Bridge Resolution 11-309 Award Bid for Public Works Contract No. 11-13 to Northeast Asphalt Inc. for Asphalt Paving and Utilities on High Avenue ($756,654.50) Resolution 11-310 Award Bid for Public Works Contract No. 11-23 to Kruczek Construction Inc. for Sanitary Sewer Construction on Hazel Street and Alley West of South Main Street ($256,256.56) Resolution 11-311 Approve Agreement with Wisconsin Department of Transportation for Construction of Fernau Avenue from Jackson Street to Vinland Street ($957,410.00) Resolution 11-312 Authorize Police Department Grant / 2011 Edward Byrne Justice Assistance Grant (JAG) through U.S. Department of Justice for Miscellaneous Police Equipment ($31,371.00) Resolution 11-313 Approve Council Support for an Oshkosh Transit System Application for Funding for New Buses through U.S. Department of Transportation’s State of Good Repair (SGR) Program Resolution 11-314 Approval of Special Event – Bethel Worship Center’s Block Party – 900 Block of E. Tennessee Avenue Between Evans Street and Grove Street / July 16, 2011 Council Member Poeschl questioned with the new Special Events Policy did the block party application still exist. Ms. Lorenson explained the block party application was used only for residential purposes. Resolution 11-315 Approval of Special Event – Wisconsin B.A.S.S. Federation Nation to Utilize Menominee Park (Miller’s Bay) for Wisconsin B.A.S.S. Federation Nation State Tournament / July 16 and 17, 2011 Resolution 11-316 Approval of Special Event – Amvets Post 7 to Utilize 1571 W. South Park Avenue for Fund Raiser Amvets EAA / July 23 through 30, 2011 7 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 11-317 Approval of Special Event – First Cast Tournament - to Utilize Menominee Park for First Cast Tournament – Winnebago Event / July 23, 2011 Resolution 11-318 Approve Special Class “B” Licenses, Operators Licenses, Taxi-Driver Licenses, Taxi-Cab Licenses and Junk Collector License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11-303 (Pech; second, Cummings) CARRIED: Ayes (7)Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Resolution 11-303 Approve Planned Development for Construction of a Multiple Family Dwelling Development on the West Side of North Main Street, Between Murdock Avenue and Viola Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Mayor Tower questioned how many of the proposed townhouses would be one, two, or three bedrooms. Mr. Burich stated there would be twenty (20) two bedroom units and thirty five (35) three bedroom units. Mayor Tower questioned who the target market was for the townhouses. Andy Dumke, the developer of the proposed townhouses, stated the target market for the townhouses were families. Mayor Tower stated his concerns about how much green space was allotted for potentially one hundred children. Mr. Burich explained from a multiple dwelling unit perspective, the townhouses were considered a low density development. He stated there was not a minimum green space requirement in the municipal code; however the calculated green space for the proposed development was about forty three percent of the site. Mayor Tower questioned if there would be an on site manager for the townhouse development. Mr. Dumke confirmed there would be an on site manager. 8 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Mayor Tower stated that the children would attend Oaklawn School for grades one through three, but asked where they would go for grades four and five. Mr. Dumke assumed that the children would attend Merrill School for grades four and five. Mayor Tower questioned if Oaklawn School could absorb conceivably thirty more children. Mr. Dumke stated as part of the neighborhood meeting a letter was sent to Oaklawn School and the Oshkosh Area School District inviting them to attend the meeting and/or address their concerns about the development. He stated neither responded nor attended the meeting. Mayor Tower stated his concerns about the two detention ponds in the area and that children would be using the Fair Acres parking lot as a playground. Mr. Burich stated as far as the school district was concerned it was inappropriate to isolate the proposed site of the townhouses, and that school overcrowding should not hinder growth in the community. Mayor Tower questioned what other development would be happening in the Fair Acres area. Mr. Dumke stated the Fair Acres site had remained undeveloped for twenty years and they were excited for the townhouse complex. He explained the remaining site was a one acre parcel however to date there were no plans to develop it. Council Member Allison-Aasby was concerned about the impact the proposed townhouse development would have on the Oaklawn School. Council Member Poeschl questioned if the entrance to Pick and Save from North Main Street would remain where it is. Mr. Dumke stated there was a restriction in the Pick and Save Lease that the entrance on North Main Street had to remain open. He explained to alleviate traffic; alternate entrances would be located on Murdock Avenue and Viola Avenue. He also stated that speed bumps would be incorporated into the entry way on North Main Street. Council Member Hall stated the proposed plan was great and encouraged the developers to leave the undeveloped one acre parcel as green space. Council Member Pech noted there were numerous locations near the proposed development site where children could play; most notably Oaklawn School had a huge grassy field and playground. Council Member Herman stated the proposed development was great for the location and believed the Council should not be making decisions for the school board. 9 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Council Member Poeschl questioned what factors filtered into the decision to build townhouses. Mr. Dumke stated an outside consulting company completed a market study in which the analysis was favorable for the developers to move forward with their plan for townhouses. Council Member Poeschl asked what the rental rates would be. Mr. Dumke replied a two bedroom unit was sixteen hundred square feet and a three bedroom unit was nineteen hundred and fifty square feet. The rental rates would be between Five Hundred Twenty Five Dollars per month and seven hundred ninety five dollars per month. He indicated in the future, when the economy was better, the intention was to sell the townhouses as individual condominiums. Council Member Poeschl questioned if the surrounding residential neighbors were happy with the proposed development. Mr. Dumke stated the residents who attended the neighborhood meeting were in favor of the proposed development as they considered the site an eyesore in its current state. Council Member Poeschl asked when the development would be completed. Mr. Dumke stated all the buildings would be constructed simultaneously and the project completed hopefully by the end of 2012. Council Member Pech asked what value the development would add to the tax roll. Mr. Dumke estimated the development would add two to three million dollars to the tax roll. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 11-319Approve Change of August 9, 2011 Council Meeting (due to August Recall Election) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7)Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Ordinance 11-320 Approval of through Street Designation for Waukau Avenue, Parking Regulations on Division Street and Sherman Road and Designation of a Pedestrian Hybrid Beacon on High Avenue MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower 10 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Mayor Tower was concerned about traffic being backed up on High Avenue as a result of the high volume of pedestrians pressing the button to stop traffic in order to cross. Council Member Herman questioned if the hybrid beacon would be the first one in the City. Mr. Strong replied it would be the first hybrid beacon in our community. Council Member Herman acknowledged the university would be paying for the beacon but wanted to know how much one cost. Mr. Strong stated the hybrid beacon cost was approximately $15,000. Ordinance 11-321 Approval of Parking Regulations for Carl Steiger Park Parking Lot MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Resolution 11-322 Establish a Fund Balance Policy MOTION: ADOPT (Pech; second, Cummings) ADOPT: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Council Member Pech explained that the fund balance policy was basically a “rainy day” fund which carried a balance of two month reserves of the City’s expenses/revenue. He stated having a fund balance policy would aid in maintaining the City’s favorable bond rating. Council Member Hall thought the balanced fund policy was well thought out and well written. Council Member Allison-Aasby thanked Ms. Steeno for her contribution in writing the fund balance policy and reiterated the importance of maintaining a favorable bond rating. Council Member Pech added the Chair and Members of the Long Range Finance Committee were also instrumental in writing the fund balance policy. Resolution 11-323 Obligate Funds & Authorize Escrow Agreement for Current Allowable Project Costs for TIF #7 MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Cummings, Herman, Allison-Aasby, Pech, Mayor Tower; Noes (1) Hall; Present (1) Poeschl 11 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY Mr. Rohloff explained the deadline for TIF #7 expenditures was July 20, 2011. He stated the City was advised to set up an escrow account for the allowable project costs for the acquisition of 2449 State Road 44 for the expansion of the Universal Business Park in case the acquisition did not close by then. He explained the fund could only be used for the purposes stated and if by chance the funds were not used for the acquisition of 2449 State Road 44 the funds would revert to TIF #7. Resolution 11-324 Approve Acquisition of Property in the amount of $625,000.00 at 2449 State Road 44 for Expansion of the Universal Business Park MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (6) Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower; Noes (1) Hall CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS rd A workshop on the Bike Pedestrian Plan would be held on August 23. th A workshop on the Sustainability Plan and TIF Districts would be held on August 30. Mr. Rohloff reported he was working with the IT Department to develop a way to enable the Council to track outstanding issues. Mr. Pech questioned when the compensation study would be completed. John Fitzpatrick, Director of Administrative Services, explained all of the material from department heads regarding the compensation study was in the hands of the consultant who had a deadline at the end of August to return the analysis back to the City. Council Member Cummings reported residents of the NeighborWorks target area were surveyed on how they viewed their neighborhood. He mentioned a meeting would be held th on August 11 at the Library to review the results of the surveys. th Mayor Tower reported there would be a Mayor’s Breakfast on July 29 at the Leach Amphitheater. Council Member Herman wanted to recognize the MEG, Oshkosh Police Department, Winnebago County Sheriff’s Department, and anyone else that had anything to do with the recent successful major drug bust. 12 PCC–J13,2011 ROCEEDINGS OF THE OMMON OUNCIL ULY CS ITIZEN TATEMENTS Patricia Diener, 1316 Broad Street, thanked the City for mowing the grass on the railroad property in her neighborhood. She asked for the City to look into a sidewalk corner on Broad Street that did not have a curb cut for handicap accessibility. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff stated he would deliver the budget to Council on October 11, 2011 and a presentation would be made to the public in late October. Agreements for engineering services were made with Strand Associates for the Westfield Street Bridge project in the Sawyer Creek Watershed. Regarding the Health Department Consolidation Committee, additional time and research were needed by the consulting firm and he authorized $7,500.00 for the City’s share of the cost. MOTION: TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY MAY BECOME INVOLVED IN RELATION TO A CLAIM SUBMITTED BY JANICE AND SEAN ADAMS; AND, TO DISCUSS NEGOTIATION STRATEGIES FOR ACQUISTIION OF PUBLIC PROPERTY RIGHTS FOR RIVERWALK PURPOSES FOR PORPERTY OWNED BY CITY CENTER ASSOCIATES, LLC LOCATED ALONG THE FOX RIVER EAST OF JACKSON STREET PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSIONL (Herman; second, Pech) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting recessed at 8:41 p.m. PAMELA R. UBRIG CITY CLERK 13