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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN N12,2013 OVEMBER REGULAR MEETING held Tuesday, November 12, 2013, at 6:00 p.min the Council . Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison-Aasby, Tom Pech, Jr., Steven Herman, Kyle Clark, Sean Fitzgerald & Mayor Burk Tower EXCUSED: Council Member Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was lead by Dion Walker and Madeline McDonald from Valley Christian School P ROCLAMATION A proclamation was presented by Mayor Tower proclaiming November 30, 2013 as Small Business Saturday in the City of Oshkosh. PH UBLIC EARING Resolution 13-487 Approve Final Resolution for Special Assessments / Cold-Mix st Asphalt Paving (Alley North of 21 Avenue & East of Oregon Street) MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 13-488 Approve Rezoning 2212 Montana Street from M-3 General Industrial to M-2 Central Industrial (Plan Commission Recommends Approval) Jack Meyer, 637 W. South Park Avenue, requested the zoning change in order to combine 2212 Montana Street with the abutting parcel. FIRST READING; LAID OVER UNDER THE RULES 1 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Ordinance 13-489 Approve Rezoning 663 West 3rd Avenue from R-2 Two Family to M- 2 Central Industrial (Plan Commission Recommends Approval FIRST READING; LAID OVER UNDER THE RULES 2014 City Budget Jesse Fisher, N5929 County Road K, Fond du Lac, a fireman with the City of Oshkosh stated he did not support the proposed reduction of five fire department positions as he felt it would compromise fire service provided to the citizens of Oshkosh. He also expressed that forced overtime caused work related stress to the firemen. Janice Maas, 41 Stoney Beach Road, was opposed to the proposed cuts of five fire department positions. Alex Hummel, 1235 Wisconsin Street, spoke on behalf of the Oshkosh Public Library Trustees of which he served as president. He stated the library was a powerful engine for individual and family literacy and learning which should be preserved and enhanced. Patricia Diener, 1316 Broad Street, was opposed to cutting any public safety positions. Gary Gray, 815 W. Linwood Avenue, felt the budget should include compromises from all departments. Ron Hansche, 52 Eveline Street, supported community development projects in the budget such as the Stevens Park project. David Gee, 1378 Oakwood Court, a fireman with the City of Oshkosh stated he was opposed to the proposed cuts for five fire department positions. He explained currently, there were three vacant positions at the fire department that were being filled by allocating overtime to other firemen. Mayor Tower explained the Council had completed six budget workshops and a final th workshop was scheduled for November 20. The 2014 budget would be considered at the November 26, 2013 Council Meeting. Council Member Fitzgerald appreciated the input he received from citizens regarding the budget. Council Member Herman clarified that there were a total of ten proposed employee cuts in the budget that would affect citizen services. CSC ITIZEN TATEMENTS TO OUNCIL Rob Paterson, 530 N. Main Street, was pleased with the changes to GO Transit Routes Four and Nine and suggested changes to Route Two. 2 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Dave Groenier, 2415 Kingston Place, was concerned about the removal of mid block street lights. Patricia Diener, 1316 Broad Street, expressed concerns about street lights not being lit. CA ONSENT GENDA Approval of Bills presented by the Finance Director. Approval of Cash Report for September 2013. Receipt and Filing of Common Council Minutes from October 22, 2013. Receipt of Claims filed with the City’s Insurance Company: A) Douglas Berger for alleged damages from a sewer backup; B) Catherine Stephan for alleged damages from a garbage truck hitting her vehicle; C) Lawrence Birch for alleged water backup; D) Christine Ann Center for alleged sewer backup Resolution 13-491 Award Bid for Passenger Waiting Shelters ($19,400) for Transportation Department to Handi-Hut Inc. Resolution 13-492 Approval of Change Order No. 1 for Public Works Contract No. 13- 13 with Integrity Grading & Excavating, Inc. for Impacted Soil Excavation, Transportation & Site Grading / Public Works Field Operations Facility & Oshkosh School District ($37,718.69) Resolution 13-493 Authorize Acquisition of Properties / 114 East Irving Avenue & 808 th West 7 Avenue Resolution 13-494 Disallowance of Claim by Scott Stephany Resolution 13-495 Disallowance of Claim by Kevin Radloff Resolution 13-496 Approve Combination “Class A” License, Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RECEIPT OF CLAIM FOR CHRISTINE ANN CENTER (Fitzgerald; second, Clark) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower 3 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Receipt of Claims filed with the City’s Insurance Company - Christine Ann Center for alleged sewer backup MOTION: ADOPT (Clark; second, Allison-Aasby) CARRIED: Ayes (5) Allison-Aasby, Herman, Clark, Fitzgerald, Mayor Tower; Present (1) Pech Council Member Pech stated he would vote present due to a relationship with the Christine Ann Center. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 13-497 Approval of Parking Regulation Changes on Algoma Boulevard, Court Street, Josslyn Street, Morgan Avenue, Pierce Avenue, Taft Avenue, Viola Avenue, Walnut Street & 22nd Avenue MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 13-498 Cancel December 24, 2013 Council Meeting MOTION: ADOPT (Clark; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 13-499 Repeal & Recreate Solid Waste Disposal / Section 23-7, Standards of Service for Residential Areas Related to an Annual Fee for Collection of Recyclables FIRST READING; LAID OVER UNDER THE RULES Gary Gray, 815 W. Linwood Avenue, asked if the City picked up recyclables for multiple unit dwellings. Mr. Rohloff replied the City picked up recyclables for one to four unit dwellings. Mr. Gray questioned when the proposed recycling fee would be collected. Mr. Rohloff stated the recycling fee would be placed on the December 2013 tax bills. Ordinance 13-500 Repeal & Recreate a Portion of the Streets & Sidewalks Ordinance / Section 25-68 Snow Removal FIRST READING; LAID OVER UNDER THE RULES 4 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Council Member Herman questioned what the proposed changes were to the snow removal ordinance. Mr. Patek indicated a revision was made to the ordinance that required property owners at corners or near a handicap ramp to shovel the corner and handicap ramp to include mid block cross walks. The second revision was a change of wording to read “using salt to accelerate melting of ice AND (instead of “or”) prevent slipping”. Resolution 13-501 Approve Development Agreement & Lease Agreement with Marion Road Apartments LLC, Assignment of Lease to WHEDA; Approve Land Disposition for Proposed Rivers II Development on South Side of Marion Road MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Council Member Pech asked why the developer was taking out a loan for $7,000,000.00 on a property that was assessed for $5,000,000.00. Allen Davis, Director of Community Development, stated that particular piece of property required considerable remediation and soil reconstruction in order for the building to be constructed there. Council Member Pech asked if constructing apartments was the best use for the property. Mr. Davis replied at the current time, based on the amount of contamination and the remediation it would take to correct it, constructing apartments was the highest and best use for the property. Council Member Fitzgerald asked if the apartments were being built using low income tax credits. Mr. Davis clarified that the proposed apartments were not being built using low income tax credits. He explained that WHEDA financing was being used to construct the apartments and although WHEDA had requirements as to the amount of rent that could be charged, the City of Oshkosh rents were actually lower than rent amounts required by WHEDA. Council Member Fitzgerald asked for a clarification on why the City sold the property to the developer for $1.00. 5 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Mr. Davis stated the reason why the City sold the property to the developer for $1.00 was due to the property being contaminated. The foreseeable economic market dictated that the City also had to pay for the remediation of the contaminated soil in order to sell the property. Council Member Fitzgerald asked if the individual air conditioning units of the proposed apartments would protrude from the apartment building such as the units in The Rivers apartments. Andy Dumke, the developer of the proposed apartment complex, stated the apartments were designed with magic pack air units that would not protrude from the building as much as the previous Rivers Development apartments. In response to Council Member Pech’s question regarding the best possible use for the property; he believed in the past the City hired a market research analyst to recommend ways to redevelop the downtown. The analysis came back that housing needed to come first before restaurants, office buildings and retail space. Council Member Fitzgerald asked what the market rates for the rents would be for the proposed apartments. Mr. Dumke stated due to the WHEDA financing requirements, 20% of the units had to be in a “set aside” which meant income requirements had to be met on sixteen of the units for a period of seven years. Council Member Allison-Aasby asked what the target market was for the proposed apartments. Mr. Dumke stated the target market for the proposed apartments was young professionals just entering the job market. Council Member Allison-Aasby was concerned the proposed project would set a precedent for future riverfront projects regarding the use of TIFs. Mr. Davis did not believe the proposed project would set a precedent for future riverfront projects. Each parcel had its own unique characteristics for being redeveloped and in this case, the City owned the property so there was motivation to sell it and get the parcel back on the tax roll. Council Member Allison-Aasby asked how much the City would be borrowing through the Capital Improvement Program for the proposed project. Mr. Rohloff explained the City would be borrowing $800,000.00 through the Capital Improvement Program which would be supplemented by $300,000.00 from a DNR grant for remediation. He stated the total cost of remediation was $1,100,000.00. 6 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Mayor Tower expressed the project was good as it would provide more housing in the downtown area which could lead to future development; it would aide in the performance of an underperforming TIF; and the project would provide more value per acre than a restaurant or office building. Mr. Rohloff relayed a message to the Council from Council Member Cummings (who was absent) suggesting the Council layover the resolution. Mr. Rohloff did not believe the resolution should be laid over as the project had already been delayed twice. Council Member Herman asked for a clarification of what WHEDA was. Mr. Davis explained WHEDA was an acronym for the Wisconsin Housing and Economic Development Authority which provided financing for various housing and economic development projects throughout Wisconsin. Council Member Herman expressed his support for the resolution and felt the project would compliment The Rivers. Council Member Allison-Aasby was concerned that the resolution was being brought before Council prior to the workshop regarding the vision for the riverfront. Mayor Tower felt the design of the apartment complex was consistent with The Rivers Project and complimented the riverfront. He also expressed concern that the resolution was being brought before Council prior to the workshop regarding the vision for the riverfront. Resolution 13-502 Approve Planned Development for Construction of Multi-Family Apartment Complex – Rivers II Development; South Side of Marion Road (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Council Member Fitzgerald supported the resolution for reasons stated in the previous discussion. Resolution 13-503 Approve Agreement with AECOM for Environmental Engineering Services to Obtain Environmental Closure on Site of Proposed Rivers II Development ($120,000) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower 7 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Resolution 13-504 Rescind Resolution 13-362 Approving Land Donation for Riverwalk Improvements along the Fox River from Six Rivers Investment, LLC / JeldWen Property MOTION: ADOPT (Clark; second, Pech) CARRIED: Ayes (5) Allison-Aasby, Pech, Herman, Clark, Fitzgerald; Present (1) Mayor Tower Council Member Herman asked for an explanation on why the City was rescinding property that was donated to the City. Mr. Davis explained subsequent to the donation of the property, the DNR informed the developers of the JeldWen Property that if they donated the land to the City they would forfeit their right to build private docks along the south shoreline of the Fox River. The developers of the JeldWen Property felt that private docks were critical to the development of the site so they requested the City to rescind the donation and were working with the City on another method to allow for riverwalk improvements. Mayor Tower stated he would vote present due to a relationship with the developers. Resolution 13-505 Approve Opposing SB 349 Preempting Municipal Authority to Regulate Water Quality & Quantity, Air Quality, Use of Explosives, Borrow Pits Associated with DOT Construction Projects & Nonmetallic Mining (Plan Commission Recommends Approval) MOTION: ADOPT (Clark; second, Pech) MOTION: AMEND TO INSERT AFTER PARAGRAPH BEGINNING “WHEREAS SB 349 IS UNNESESSARILY BROAD” THE FOLLOWING: “WHEREAS, THE CITY OF OSHKOSH HAS INVESTED $50 MILLION IN STORM WATER MANAGEMENT WHICH WOULD BE DIRECTLY AFFECTED BY SB 349; AND” (Clark; second, Fitzgerald) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Council Member Clark explained SB 349 was a proposed law dealing with frac sand mining which was a petroleum extraction process. However, the bill had some language in it that was very broad and not necessarily related to frac sand mining. Council Member Pech felt the proposed legislation would have a severe effect on local government control. 8 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A workshop on the 2014 budget and Capital Improvement Program would be held on November 20, 2013 from 5:30 p.m. to 7:30 p.m. Mr. Rohloff stated he had prepared a budget presentation video to be broadcast on OCMS due to low attendance at public budget meetings at the Senior Center. He recommended that the public as well as the Council view the budget presentation video. A joint workshop with the Common Council, Plan Commission and Landmarks Commission would be held on December 3, 2013. Mr. Rohloff indicated that architectural design standards would be discussed at the joint workshop with the Common Council, Plan Commission and Landmarks Commission. A workshop on special events would be held at a future date. Council Member Herman wanted the special event workshop to be held in January or the early February. Council Member Allison-Aasby would like a representative from the Oshkosh Convention and Visitors Bureau (OCVB) to be at the special event workshop. Mr. Rohloff indicated that the OCVB had been included in the discussion for the special events workshop. Council Member Allison-Aasby requested all special events to be placed on a public calendar. A joint workshop with the Common Council, Plan Commission and Redevelopment Authority regarding the vision of the river front development would be held at future date. Council Member Herman indicated he would like the Council to go into closed session after the November 20, 2013 workshop to complete the City Manager’s evaluation and goals for presentation at the December 10, 2014 Council Meeting. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizens statements. CMA&S OUNCIL EMBER NNOUNCEMENTS TATEMENTS Council Member Fitzgerald congratulated the Lourdes Academy Girls Cross Country Team on their State Championship. 9 PCC–N122013 , ROCEEDINGS OF THE OMMON OUNCIL OVEMBER Council Member Allison-Aasby questioned when the Council would be voting on the purchase of the General Obligation Bonds and Revenue Bonds. Mr. Rohloff explained the Council had already voted on the purchase of the General Obligation Bonds and Revenue Bonds under a Parameters Resolution due to the timing of year end holidays. He indicated he would report to the Council the findings of the bid opening for the General Obligation Bonds and Revenue Bonds in his weekly newsletter, assuming they were acceptable to the parameters established by Council. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff stated an Amendment was made to the Agreement with Moss and Associates, LLC for Acquisition Services for the Public Works Field Operations Facility in the Amount of $10,000. He informed the Council of a meeting of the Citizens for a Strong Oshkosh – Envision the Future would be held on November 18, 2013 at 5:00 p.m. at Oaklawn School. He provided the Council with a financial overview of the third quarter. He indicated that leaf pick up in the City officially ended on Friday, November 15, 2013 however, the City would continue to pick up leaves if there was no snow and City vehicles were available. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES FOR THE PURPOSES OF NEGOTIATING THE ACQUISITION OF AN EASEMENT / PUBLIC PROPERTY ALONG THE FOX RIVER FROM SIX RIVERS, LLC TO CONSTRUCT A PUBLIC RIVERWALK / PEDESTRIAN TRAIL FROM THE OREGON STREET BRIDGE WESTERLY TO THE FORMER BOAT WORKS PROPERTY AND ALONG THE PARCEL IMMEDIATELY EAST OF AND ADJACENT TO THE OREGON STREET BRIDGE WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION (Herman; second, Clark) CARRIED:Ayes (6) Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower MOTION: ADJOURN (Herman; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:13 p.m. PAMELA R. UBRIG CITY CLERK 10