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HomeMy WebLinkAbout05. Council Minutes from January 28, 2014 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 28, 2014 OJHKOIH ON THE WATER REGULAR MEETING held Tuesday, January 28, 2014, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby, Tom Pech Jr., Steven Herman, Kyle Clark 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 Fitzgerald read the Invocation. The Pledge of Allegiance was led by Alexis Kasuboski from Oshkosh West High School. PUBLIC HEARING Ordinance 14-40 Approve Amendment to City of Oshkosh Comprehensive Plan Land Use Maps Changing the Land Use Designation of Property at 2490 Jackson Street from Commercial to Residential (Plan Commission recommends approval) [Applicant request to waive second reading] MOTION: SUSPEND THE RULES FOR CONSIDERATION (Herman; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman made a motion to waive the second reading of the ordinance due to grant guideline implications. Resolution 14-41 Approve Final Resolution Vacating Portion of 1800 Block of Oshkosh Avenue (Plan Commission recommends approval) MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower 1 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 28, 2014 CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CONSENT AGENDA Approval of Bills presented by the Finance Director. Approval of Cash Report for December 2013. Receipt and Filing of Common Council Minutes from January 14, 2014. Receipt of Claim filed with the City's Insurance Company / Michael Lim, Attorney for Citizens First Credit Union., in the amount of $35,506.15 plus interest for alleged excessive assessments at 2900 Universal Street Receipt of Claim filed with the City's Insurance Company / Don Millis, Agent for Claimant, Walgreens, in the amount of $90,743 plus interest for alleged excessive assessments at 905 Koeller Street & 315 W. Murdock Avenue Resolution 14-42 Approve Planned Development for Construction of Multiple Family Development at 2490 Jackson Street (Plan Commission recommends approval) Resolution 14-43 Award Bid for Public Works Contract No. 13-24 to August Winter & Sons, Inc. for the Wastewater Treatment Plant Control System, Influent Pumping &Aeration Blowers Upgrade ($4,210,500) Resolution 14-44 Approve Agreement with HD Supply Waterworks for Sensus Fixed- Base Water Meter Reading Program with Hosted Servers & Five-Year Software Maintenance Program ($197,500) Resolution 14-45 Approval of Amendment to Engineering Services Agreement with Foth Infrastructure & Environment, LLC for Design of the Southwest Industrial Park Expansion in the Amount of$44,501 Resolution 14-46 Approval of Engineering Services Agreement with AECOM Technical Services, Inc. for Storm Water Management Planning in the Stringham Creek Drainage Basin in the Amount of $161,535 Resolution 14-47 Approval of Initial Resolution for Special Assessments — Contract No. 14-04 / Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program (North Side-Bowen Street) Resolution 14-48 Rescind Property Taxes 2 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 28, 2014 Resolution 14-49 Approve Distribution of Fisk-Gallup Trust Funds by Senior Services Division for Medical Services to Income Qualified Citizens Resolution 14-50 Approve Combination "Class A" License & Special Class "B" Licenses MOTION: ADOPT CONSENT AGENDA (Cummings; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 14-51 Approve Rezoning 2490 Jackson Street from M-3 General Industrial to R-3 Multiple Dwelling with a Planned Development Overlay (Plan Commission recommends approval) MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman noted that the petitioner of the ordinance was Herman and Kittle Properties, Inc. He stated for the record that the petitioner was no relation to him. Resolution 14-52 Accept Land Donation from The Morgan District LLC for Riverwalk Improvements, East Side of Oregon Street on former Jeld Wen Property (Plan Commission recommends approval) MOTION: ADOPT (Clark; second, Allison-Aasby) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark; Present (1) Mayor Tower Mayor Tower stated he would be voting present on the resolution due to a conflict of a family member involved. Resolution 14-53 Establish 2014 Storm Water Utility Rate to $122.92 / ERU MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman asked for an explanation of the Equivalent Runoff Unit (ERU). Mr. Patek explained the ERU was a calculation for rainwater runoff. The calculated rate was for an average residential property of 2,817 square feet, however smaller properties were charged a lower rate and larger properties were charged a higher rate. Council Member Herman asked if the City had a credit program for rain barrels. 3 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 28, 2014 Steve Gohde, Assistant Director of Public Works, stated the City offered a credit program to property owners who used rain barrels, rain gardens, or any improvements designed to control runoff or pollution control. Council Member Clark noted the Storm Water Utility Committee recommended that the City delay work on the Washburn Water Quality Basin resulting in a rate of $121.46. He asked why City staff opted to keep the Washburn Water Quality Basin in the proposal. Mr. Gohde explained the proposed Storm Water Utility Rate of $122.92 was necessary in order to fund all of the projects in the Capital Improvement Program (CIP) approved by the current Common Council. He stated if the City delayed the Washburn Water Quality Basin project it would lessen the 2014 CIP budget by $500,000.00 which would lower the Storm Water Utility Rate to $121.84; however City staff felt due to the fact that the Council had already approved the CIP projects and with looming changes in the State's pollution standards regarding the Fox River Basin, it was necessary to go forward with the Washburn Water Quality Basin project. Mayor Tower acknowledged that the proposed Storm Water Utility Rate was a 13% increase, He explained the increase was necessary to take care of the storm water problems in the City. Resolution 14-54 Approve Budget Adjustment in the Amount of $73,000 to Fund Additional Personnel Costs Authorized by Council MOTION: ADOPT (Allison-Aasby; second, Clark) CARRIED: Ayes (5) Cummings, Allison-Aasby, Pech, Herman, Clark; Noes (2) Fitzgerald, Mayor Tower Council Member Fitzgerald asked if the proposed budget adjustment would result in street lights being turned off. Mr. Rohloff stated the $73,000.00 budget adjustment would not affect City operations explaining the Public Service Commission (PSC) increase was less than the City had anticipated. Mayor Tower did not support the resolution as he disagreed with the substance of the issue. He stated that a 1% across the board increase was a fair compensation for City employees. He also disagreed with the process in which the adjustments were made. Resolution 14-55 Disallowance of Claim by Christine Ann Domestic Abuse Services MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower; Present (1) Pech 4 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 28, 2014 Council Member Pech stated he would vote present due to having a relationship with the Christine Ann Center. Resolution 14-56 Support the Community Access Preservation Act (The CAP Act) MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman stated he proposed the resolution as it related to legislation that would bring financial assistance to Oshkosh Community Media Services. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A discussion of the 2014 goals for the City Manager was withdrawn from the agenda by Council Member Herman. A workshop to discuss special event policies would be held at a future date. COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Council Member Herman stated he felt there was some incorrect information reported in an article that appeared in the Oshkosh Northwestern on January 22, 2014 regarding City Capital Improvement projects. He asked for clarification of when Parkway Avenue would be repaved. Mr. Rohloff stated East Parkway was slated to be repaved in 2015 and West Parkway was due to be repaved in 2014. Specifically, Parkway Avenue from Frederick Street to Main Street would be repaved in 2014. The area discussed in the newspaper article was Parkway Avenue east of Main Street to Bowen, which was scheduled to be repaved in 2015. Council Member Herman stated the article also referred to the City's housing standards and overlays which, to date, had not been approved. Mr. Rohloff explained the issue with the overlay was should an overlay district be created, it might cause the areas affected to be in need of assistance to meet the greater housing standards. He stated City staff was working on incentives that would be available to property owners by the time overlay districts would be created. Council Member Herman stated he felt it was important for the City and the Council to make sure the correct information was getting out to the citizens. 5 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 28, 2014 Council Member Pech stated it was important to point out that once the design standards and overlay districts were put into place, property owners affected by the overlay district would not be required to make improvements to their properties. However, any future improvements made to their property would have to comply with the newly created design standards. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CITY MANAGER ANNOUNCEMENTS AND STATEMENTS Mr. Rohloff stated the City used the State of Wisconsin Cooperative to purchase new computers which was part of the 2014 budget. He stated a contract for the 2014 Commercial Assessor Services was made with Tyler Technologies (CLT). He reported that the Plan Commission held their public hearing regarding residential design standards on January 21st. He expected the Plan Commission to take action on the findings of the hearing at their February 4th meeting and the Council could take action as soon as February 11th Council Member Herman felt the Council should take action as soon possible as spring was a busy time for construction. Council Member Cummings agreed with Council Member Herman that the Council should vote on the residential design standards as soon as possible. Mr. Rohloff asked the Council for input on when they would like to schedule a discussion of the Divestment Policy proposed by the Sustainability Advisory Board. Council Member Pech stated as the Chair of the Long Range Finance Committee and as the Council liaison to the Sustainability Advisory Board, he recommended that the Council refer the Divestment Policy back to the Sustainability Advisory Board and he would then schedule a meeting with the Long Range Finance Committee for discussion. Council Member Clark stated it would be irresponsible for the Council to vote on the Divestment Policy prior to the policy being reviewed by the Long Range Finance Committee. Council Member Allison-Aasby stated the Divestment Policy was a good idea in theory, however in reality, the way mutual funds were structured, she felt the policy was not necessarily attainable. Mayor Tower stated he was interested in learning what both the financial impact and the environmental impact of the Divestment Policy would be. Mr. Rohloff stated the 2014 State of the City would be held on Monday, March 31st 6 PROCEEDINGS OF THE COMMON COUNCIL— JANUARY 28, 2014 MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES FOR THE PURPOSE OF NEGOTIATING THE ACQUISITION OF PUBLIC PROPERTY LOCATED AT 43 EAST 7TH AVENUE WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION; AND PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER, AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY. (Herman; second, Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower MOTION: ADJOURN (Cummings; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 6:47 p.m. PAMELA R. UBRIG CITY CLERK 7