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Home My WebLink About05. Council Minutes January 14, 2014 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 14, 2014 OJHKOIH ON THE WATER REGULAR MEETING held Tuesday, January 14, 2014, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Kyle Clark, Sean Fitzgerald, Steve Cummings, Tom Pech Jr., Steven Herman and Mayor Burk Tower EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Clark read the Invocation. The Pledge of Allegiance was led by Jacob Spanbauer & Bailey Boelter from Read Elementary School; and, Elizabeth Bird & Addison Vaughan from Roosevelt Elementary School PUBLIC HEARING Ordinance 14-02 Approve Rezoning 2490 Jackson Street from M-3 General Industrial to R-3 Multiple Dwelling with a Planned Development Overlay (Plan Commission recommends approval) FIRST READING; LAID OVER UNDER THE RULES CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street, expressed concerns about individuals dumping debris and snow onto the west side of a property located on Eleventh Avenue. She also expressed concern about residents not shoveling snow off the sidewalks in her neighborhood. Mayor Tower asked who should be contacted at the City regarding sidewalks not being shoveled. Mr. Patek stated the Engineering Division, 920-236-5065, was the department citizens should call regarding snow removal concerns. He stated all calls to the City remained anonymous. 1 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Mee Yang, 2825 Prairie Wood Drive, President of the Hmong Service Center, expressed concerns with lack of accountability of funds from previous years events. She requested that the City of Oshkosh not issue special event permits under the Hmong Service Center organization to the former president of the Hmong Service Center. Mayor Tower noted Ms. Yang's comments were on the record; however he stated the City had no control over private organizations. Mr. Rohloff indicated the Ms. Yang had an appointment to meet with him in the coming week. CONSENT AGENDA Approval of Bills presented by the Finance Director Approval of Cash Report for November 2013 Receipt and Filing of Common Council Minutes from December 10, 2013 and January 2, 2014 Receipt and Filing of Museum Board Minutes from November 7, 2013 Receipt of Claim filed with the City's Insurance Company: A) Jeannee Haugen for alleged damages from hitting a pothole with her bicycle B) Richard Werner for alleged damages to his mailbox from the snowplow Resolution 14-03 Authorize the Filing of Applications for Federal Operating & Capital Assistance, State Operating Assistance & County Transportation Assistance Resolution 14-04 Approve Agreements for Transportation Services with Winnebago County Resolution 14-05 Approve 2014 Software Maintenance Agreements for IT Division to Harris Computer Systems, Tyler Technologies & ESRI, Inc. (Total Amount of$123,439.81) Resolution 14-06 Award Partial Bid Award to Lunda Construction for Boat Works Riverwalk Bridges ($1,073,264.00) Resolution 14-07 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 2332 Jefferson Street (Redevelopment Authority Approved) Resolution 14-08 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire Vacant Lot, 100 Block West Custer Avenue (Redevelopment Authority Approved) 2 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Resolution 14-09 Approve Spot Blight Designation; Authorize Redevelopment Authority to Accept Donation of Property at 1125 North Main Street (Redevelopment Authority Approved) Resolution 14-10 Renew Bird City Wisconsin Designation; Designate May 3, 2014 as International Migratory Bird Day Resolution 14-11 Approve Conditional Use Permit; Planned Development for Existing Developments & New Construction Projects at Lourdes Academy at 1100 Witzel Avenue, 110 & 250 North Sawyer Street (Plan Commission Recommends Approval) Resolution 14-12 Amend Special Assessment Policy Relative to Certification of Completion of Construction Resolution 14-13 Approval of Change Order No. 1 for Public Works Contract No. 12-23 with Straight Line Fence, LLC for Permanent Boundary Fence Installation for James Road Area Detention Basin (+$3,397.00) Resolution 14-14 Approval of Change Order No. 1 for Public Works Contract No. 13-04 with Carl Bowers & Sons Construction Co. Inc. for Various Concrete Paving & Utility Projects — North & South Central Areas ($146,614.30) Resolution 14-15 Approve Charges for Extraordinary Services for Special Events - 2014 Resolution 14-16 Approval of Special Event - Otter Street Fishing Club, Inc., utilize Menominee Park for their Otter Street Fisheree / January 31 & February 1, 2014 Resolution 14-17 Approval of Special Event - Oshkosh Downtown Rotary to utilize Opera House Square & city streets for their Heart of Winter/ February 1, 2014 WITHDRAWN BY STAFF Resolution 14-18 Approval of Special Event - Skier's Outlet to utilize the parking lot at 2550 South Washburn Street for their Skier's Outlet Rail Jam / February 8, 2014 WITHDRAWN BY STAFF Resolution 14-19 Approval of Special Event - Oshkosh Southwest Rotary to utilize Menominee Park for their Battle on Bago / February 21 & 22, 2014 Resolution 14-20 Approval of Special Event - Oshkosh Festivals, Inc. to utilize 547 N. Main Street & city streets for their Oshkosh St. Patrick's Day Parade & Party/ March 15, 2014 3 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Resolution 14-21 Approval of Special Event - DuTriRun, LLC to utilize city streets for their Oshkosh Half Marathon, 5K & Lionhearted Kids Run /April 12 & 13, 2014 Resolution 14-22 Approval of Special Event - UWO LGBTQ Resource Center to utilize city streets for their 5th Annual Fox Valley LGBTQ Ally March /April 17, 2014 Resolution 14-23 Approval of Special Event - Oshkosh Fast Club to utilize Reetz Diamonds at Menominee Park for their Greater Raider Open Fast Pitch Tournament / May 30, 31 & June 1, 2014 Resolution 14-24 Approval of Special Event - Oshkosh Saturday Farmers Market, Inc., to utilize city streets for their Oshkosh Saturday Farmers Market (Summer) / June 7, 2014 through October 25, 2014 (every Saturday) Resolution 14-25 Approval of Special Event - Oshkosh Festivals, Inc. to utilize Leach Amphitheater, Riverside Parking Lot (east side) & city streets for their Oshkosh Irish Fest/June 12, 13, 14 & 15, 2014 Resolution 14-26 Approval of Special Event - Otter Street Fishing Club, Inc., to utilize Menominee Park for their Otter Street Walleye Tournament/June 13, 14 & 15, 2014 Resolution 14-27 Approval of Special Event - Tour of America's Dairyland to utilize city streets for their Oshkosh Criterium on the Water/ June 26, 2014 WITHDRAWN BY STAFF Resolution 14-28 Approval of Special Event- Color Vibe Race Series LLC to utilize city streets for their Color Vibe 5K Race/July 26, 2014 WITHDRAWN BY STAFF Resolution 14-29 Approval of Special Event - Oshkosh Yacht Club to utilize Menominee Park for their Xtreme Regatta/July 14 & 15, 2014 WITHDRAWN BY STAFF Resolution 14-30 Approval of Special Event - Otter Street Fishing Club, Inc. to utilize Menominee Park for their Otter Street Kids Fisheree/ August 9, 2014 Resolution 14-31 Approval of Special Event - Oshkosh Flight AAU Basketball to utilize city streets for their Oshkosh Gus Macker 3 on 3 Basketball Tournament/ August 22, 23 & 24, 2014 WITHDRAWN BY STAFF Resolution 14-32 Approval of Special Event- Oshkosh Festivals, Inc., to utilize city streets & Riverwalk for their Oshkosh Oktober Fest/October 4, 2014 Resolution 14-33 Disallowance of Claim by Douglas Berger WITHDRAWN BY STAFF 4 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Resolution 14-34 Disallowance of Claim by Jeannee Haugen Jeannee Haugen, 532 Oak Street, explained the circumstances of her claim was for reimbursement of medical expenses and lost wages as the result of her hitting a pothole on Ceape Avenue while riding her bicycle. She stated with a new job she did not qualify for FMLA and had no insurance. She asked the Council to explain why her claim was denied. Ms. Lorenson indicated Ms. Haugen's claim was referred to the City's insurance company. She explained that under Wisconsin Statutes, the City was not liable for circumstances when it had no knowledge of the situation. She stated the City could only be held liable if it was aware of the condition and did not take appropriate action. She acknowledged the City's insurance company completed an investigation and found the City was not liable for Ms. Haugen's claim as the City was not aware of the pothole until after Ms. Haugen's incident. She indicated that the pothole had since been repaired. She stated Ms. Haugen had six months from the notice of disallowance to pursue her case in court. Ms. Haugen questioned who was responsible for the maintenance of City streets. Mayor Tower indicated the Public Works Division was responsible for the maintenance of City streets. Ms. Haugen asked if the pothole had been repaired. Council Member Clark clarified that disallowing a claim was merely an administrative action done by the Council. He explained the investigation and recommendation of the claim was done prior to Council disallowing the claim. Mr. Rohloff stated it was standard procedure that whenever a claim was filed the City investigates the situation immediately. He stated the pothole was repaired in September when the claim was made, however with the freezing and thawing conditions of winter it was possible the pothole opened again. He confirmed that when the City was made aware of potholes crews were scheduled to repair them. Resolution 14-35 Disallowance of Claim by Patricia Krause Resolution 14-36 Disallowance of Claim by Richard Werner, Sr. Resolution 14-37 Approve Class "A" Fermented Malt License, Combination "Class B" License, Special Class "B" Licenses, Operator, Taxi-cab Driver & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 14-12, 14-20, 14-25 & 14-32 (Clark; second, Cummings) CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower 5 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Resolution 14-12 Amend Special Assessment Policy Relative to Certification of Completion of Construction MOTION: ADOPT (Clark; second, Herman) CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower Council Member Herman explained this policy came out of the special assessment workshop and the budget process. He stated the contracts needed to be out in a timely fashion, as the contractors received their payment for work completed. He questioned if there were concerns about the wording of the policy pertaining to State projects. He stated it was important for this policy to work for the citizens and staff. Mr. Patek stated City staff would have sufficient information on State projects to meet the City's Special Assessment Policy as it was written. He stated although the State could take many years to audit their projects, after two years City staff would have dollar amounts that would be close to the final numbers even if the project was not certified. He stated he was comfortable using those numbers in order to meet the deadline of the Special Assessment Policy. Council Member Herman questioned if there was a discrepancy how the City would handle the situation. He asked if property owners would be reassessed. Mr. Rohloff stated the only time the City would need to hold a public hearing to reassess was if the cost that was noticed to the property owner was exceeded by the new estimate. Resolution 14-20 Approval of Special Event - Oshkosh Festivals, Inc. to utilize 547 N. Main Street & city streets for their Oshkosh St. Patrick's Day Parade & Party/ March 15, 2014 MOTION: ADOPT (Clark; second, Herman) CARRIED: Ayes (5) Clark, Cummings, Pech, Herman, Mayor Tower Present (1) Fitzgerald Council Member Fitzgerald stated he pulled resolutions 14-20, 14-25 and 14-32 from the Consent Agenda due to his wife being the treasurer for Oshkosh Festivals, Inc. He indicated that he would be voting present on all three resolutions. Resolution 14-25 Approval of Special Event - Oshkosh Festivals, Inc. to utilize Leach Amphitheater, Riverside Parking Lot (east side) & city streets for their Oshkosh Irish Fest / June 12, 13, 14 & 15, 2014 MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (5) Clark, Cummings, Pech, Herman, Mayor Tower Present (1) Fitzgerald 6 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Resolution 14-32 Approval of Special Event - Oshkosh Festivals, Inc., to utilize city streets & Riverwalk for their Oshkosh Oktober Fest/October 4, 2014 MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (5) Clark, Cummings, Pech, Herman, Mayor Tower Present (1) Fitzgerald ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 14-38 Approve Rezoning Block Bounded by Witzel Avenue, Sawyer Street Southland Avenue & Josslyn Street (Excluding 230 North Sawyer) from R-1 Single Family, R-3 Multiple Dwelling & C-2 General Commercial to C-1 Neighborhood Commercial with a Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Clark) CARRIED Ayes (6) Clark, Fitzgerald, Cummings, Pech, Herman, Mayor Tower Council Member Herman questioned if the zoning change affected the whole block. Darryn Balch, Director of Planning Services, stated the zoning change affected all of the Lourdes properties on the block. The dentist office would not be affected by the zoning change. Council Member Herman asked if the zoning change would be detrimental to the property owners on the block trying to sell their properties. Mr. Burich stated the zoning change would not affect property owners trying to sell their properties. Resolution 14-39 Approve Agreement with 531 N. Main LLC for City's Administration of WEDC Community Investment Program Grant for Property at 531 North Main Street MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (5) Clark, Fitzgerald, Cummings, Pech, Herman Present (1) Mayor Tower Mayor Tower asked the Director of Community Development to comment on the grant. Allen Davis, Director of Community Development, stated the grant was through the Wisconsin Economic Development Corporation (WEDC) and that the City would serve as a conduit between the WEDC and 531 N. Main LLC. Council Member Cummings questioned if there were Historic Tax Credits were available to 531 N. Main LLC. 7 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Mr. Davis replied that Historic Tax Credits were available to 531 N. Main LLC. Council Member Herman asked how the tax credits would affect the tax base. Mr. Davis stated the tax credits would go to the owner, however the property would be a fully taxable property. The grant improvements would increase the value of the property along with the tax base. Council Member Herman asked if there would be any liability to the City should the WEDC disband. Mr. Davis stated there would be a grant agreement between the City and WEDC. He explained once the money was granted, the state legislature could not take it away. The grant would not need to be repaid and there would be monitoring over the years with no penalties. Council Member Herman questioned if the Chamber of Commerce was on board with the grant. Rob Kleman, 120 Jackson Street, Senior Vice President of Economic Development at the Oshkosh Chamber of Commerce, supported the grant. He stated the grant was under a newly created program by the WEDC and was designed for impact projects in a community. Mayor Tower stated he would be voting present on the resolution due to a conflict of a family member involved. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A joint workshop with the Common Council, Plan Commission and Redevelopment Authority regarding the vision of the river front development would be held on January 28th at 4:45 p.m. Council Member Clark provided the Council with educational material on storm water projects. He stated the maps provided would also be placed on the City's website as he felt they would illustrate to citizens where their tax dollars were being spent. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. 8 PROCEEDINGS OF THE COMMON COUNCIL— .JANUARY 14, 2014 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated an engineering services agreement for Subsurface Exploration and Geotechnical Engineering Evaluation for the 2014 CIP was made with Midwest Engineering Services, Inc. for the amount of $25,131.30. He announced an open house would be held on January 15, 2014 at 6:00 pm at the Senior Center regarding the proposed new residential design standards. He clarified that the Marion Road Water Tower was not being replaced due to its aesthetics. He stated the Marion Road Water Tower was built in 1936 and it was more cost effective to replace it rather than to repair it. He explained it was necessary to replace the water tower in the same location for the purposes of water storage, water pressure, and fire flow. Council Member Pech questioned what the timeline was for the new water tower. Mr. Patek believed the new Marion Road Water Tower was slated to be constructed in 2015. Council Member Fitzgerald asked if the City's detention basins and detention ponds aided in water pressure. Mr. Rohloff stated the City could build pump stations, however then the City would rely on constant energy use to keep water pressure at all times. He stated the advantage of using a water tower was the City did not have to pay peak time electricity rates due to pumping the water into the tower overnight during non peak times. He clarified it was much more cost effective to use a water tower rather than a pump station. Council Member Herman asked if the current Marion Road Water Tower would remain in use during the construction of the new one. Mr. Patek stated his staff had not completed their analysis on whether or not the current Marion Road Water Tower would remain in use during the construction of the new one. Mr. Rohloff stated most likely the new tower would be erected next to the existing tower and the existing tower would be demolished once the new tower was up and running. Council Member Herman was concerned about demolishing the existing Marion Road Water Tower prior to the new tower being constructed and operating. Mr. Patek stated with the operations of the water utility there were times when a water tower was down. He explained that water towers were periodically taken down and emptied for inspection or painting. He acknowledged his staff would need to research whether or not the City could operate minus one water tower for the amount of time it would take to demolish the current Marion Road Water Tower and reconstruct a new water tower on the same site. Council Member Clark reported that citizens had contacted him regarding the Marion Road Water Tower were concerned about the historical value of the water tower, not the aesthetics. 9 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 14, 2014 Mayor Tower recognized the Public Works Division for their efforts in repairing broken water mains during the recent bitter cold weather. Council Member Herman noted there were four water main breaks on Nevada Avenue near Bowen Street during the recent cold weather. He asked if the breaks were due to old pipes or the weather. Mr. Patek explained the cold weather was more likely to impact water mains later in the season as the frost continued to go deeper. During the recent cold weather he stated many of the breaks were service related to the property owners and not necessarily water main breaks. Mr. Rohloff confirmed during the recent cold weather the City had thirteen water main breaks and forty six service breaks. MOTION: ADJOURN (Cummings; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 7:10 p.m. PAMELA R. UBRIG CITY CLERK 10