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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J28,2014
ANUARY
REGULAR MEETING held Tuesday, January 28, 2014, at 6:00 p.min the Council
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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.
PH
UBLIC EARING
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
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ROCEEDINGS OF THE OMMON OUNCIL ANUARY
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements.
CA
ONSENT GENDA
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
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ROCEEDINGS OF THE OMMON OUNCIL ANUARY
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
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
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.
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ROCEEDINGS OF THE OMMON OUNCIL ANUARY
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
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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.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
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.
CMAS
OUNCIL EMBER NNOUNCEMENTS AND TATEMENTS
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.
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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.
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements.
CMAS
ITY ANAGER NNOUNCEMENTS AND TATEMENTS
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
st
on January 21. He expected the Plan Commission to take action on the findings of the
th
hearing at their February 4 meeting and the Council could take action as soon as
th
February 11.
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.
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Mr. Rohloff stated the 2014 State of the City would be held on Monday, March 31.
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ROCEEDINGS OF THE OMMON OUNCIL ANUARY
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
TH
EAST 7 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
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