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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN F11,2014 EBRUARY REGULAR MEETING held Tuesday, February 11, 2014, at 6:00 p.min the Council . Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Deb Allison-Aasby, Tom Pech Jr., Steven Herman, Kyle Clark, Sean Fitzgerald 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 Kaitlen Jungwirth and Brianna Bakri from Grace Lutheran School. PH UBLIC EARING Mayor Tower explained that he would read the first two public hearing ordinances three times each and any discussion would be held after the second public hearing ordinance was read. Ordinance 14-57 Approve Amendment to Chapter 30 Zoning Ordinance to Create Section 30-35(M) Design Standards for Single & Two Family Structures (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 14-58 Approve Amendment to Chapter 30 Zoning Ordinance to Create Section 30-23.1 Traditional Neighborhood Design Overlay District (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Jennifer Sunstrom, W6124 Aerotech Drive, Appleton, Wisconsin, represented the Realtor’s Association of Northeast Wisconsin. She stated her organization did not take issue with the universal design standards. However, the Realtor’s Association of Northeast Wisconsin objected to the traditional neighborhood overlay (TNO), specifically the process by which an application for a TNO was submitted and approved. She stated her organization recommended in order for a TNO application to be accepted by the City that seventy five percent of the neighborhood property owners should be required to sign a petition of support. 1 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Council Member Pech asked for clarification of what the definition of a property owner was for the proposed seventy five percent rule by the Realtor’s Association of Northeast Wisconsin. He stated that properties in a TNO District could be owner occupied or rental properties. He was concerned that homeowners who wanted the traditional neighborhood overlay, but lived in neighborhoods where there was a minority of owner occupied properties, would be held hostage by the owners of non owner occupied properties if there was a seventy five percent approval rule. Ms. Sunstrom stated the Realtor’s Association of Northeast Wisconsin believed there should be a certain level of rights attached to being a property owner whether the property was owner occupied, non owner occupied or a vacant lot. She stated her association would be open to a discussion of what the percentage of support should be in order for the City to accept a request for a TNO. Council Member Pech asked Ms. Sunstrom if she would define the Realtor’s Association of Northeast Wisconsin as a special interest group. Ms. Sunstrom explained Realtors had nothing to gain or lose on the issue of traditional neighborhood overlay districts. She stated her association was speaking up on behalf of homeowners, property owners, and good public policy for the City of Oshkosh. Council Member Pech asked if Realtors would have something to gain from an ordinance which would enhance equity and make properties more valuable. Ms. Sunstrom stated Realtors could gain from such an ordinance if properties were more valuable, however, Realtors could also lose from such an ordinance if people were deterred from buying properties in the City of Oshkosh or if, overall, the rights and privileges attached to owning a property were lost to government regulations. Council Member Pech asked if Realtors could also lose by having properties lose market value due to issues on the property next door. Ms. Sunstrom stated it was possible for Realtors to lose business by having properties lose market value due to issues with neighboring properties. She stated the Realtor’s Association of Northeast Wisconsin had advocated for years that the City of Oshkosh adopt a basic enforceable maintenance housing code. Council Member Pech felt the City should pay attention to what the homeowner’s of the City of Oshkosh wanted. Ms. Sunstrom felt the proposed ordinance should be more articulate regarding what level of support would be required in order to apply a traditional neighborhood overlay to a neighborhood. Mayor Tower reiterated that the public hearing ordinances would be read again and voted on by Council at the next meeting. He explained the Council had previously asked City staff to research and recommend design standards. City staff made recommendations on design standards to the Plan Commission who made some changes. Due to the different 2 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY perspectives of City staff and the Plan Commission, the City Manager asked the Council for direction as to what model they wanted for the design standards policy. Mr. Rohloff indicated he wanted direction from the Council as to what they were looking for in the design standards policy in order for City staff to draft the final policy by the next Council Meeting. Mayor Tower invited Allen Davis, Director of Community Development, to talk about the design standards policy. Allan Davis, Director of Community Development, stated the proposed ordinance continued to evolve and although his staff had made recommendations they were looking for direction on how to draft the ordinance for a vote at the next Council meeting. Mayor Tower explained the discussion of the Council at the current meeting did not represent a vote for the proposed ordinance. David Buck, Associate Planner, explained there were six recommended changes the Plan Commission made to the design standards proposed by City staff: 1) Should porch enclosure language be included in the universal design standards (Plan Commission recommended against). 2) Should metal doors be an acceptable replacement on a building’s front façade (Plan Commission recommended to include). 3) Should there be a requirement placed in the overlay to require that a specific number of homeowners be in support of the overlay before an application be considered or the process to repeal (Plan Commission recommended against). 4) More clearly define sides visible from the street (Plan Commission recommended the entire side façade be included). 5) What percentage of change to a front façade should trigger the design standards. (Plan Commission recommended that any change would trigger the design standards). 6) Change multiple sections of the design standards code removing the word “should” and replacing it with “shall”. Council Member Pech asked what the City staff recommendation was for the required percentage of change required to implement the traditional neighborhood overlay. Mr. Buck stated that City staff was not in support of placing a qualifier on the application for a traditional neighborhood overlay. He explained very rarely would the City make a zoning change without having neighborhood meetings and public hearings. Zoning changes must be reviewed by the Plan Commission and required two readings at Council meetings. For those reasons, City staff felt it was not necessary to place a “buy in” on the submittal of a traditional neighborhood overlay. He felt if there was a vast opposition to a traditional neighborhood overly, the Plan Commission and the Council would hear about it. Council Member Pech commented if there was a percentage requirement for a traditional neighborhood overlay the percentage could change whenever a property was sold. Mr. Buck stated if there was a percentage of support requirement for a traditional neighborhood overlay, the sale of a property could change the percentage. 3 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Mr. Rohloff stated placing a percentage requirement on a traditional neighborhood overlay would be unprecedented. The reason why City staff did not support placing a percentage requirement on traditional neighborhood overlay was that it was not consistent with the City’s zoning code. Mayor Tower noted that both City staff and the Plan Commission were in agreement regarding not placing a percentage requirement on the traditional neighborhood overlay. However, the Council could decide if they wanted the percentage requirement written into the ordinance. Council Member Cummings stated he heard a commissioner at the Plan Commission Meeting comment that requiring a high percentage of support for a traditional neighborhood overlay was a way to insure that rental property owners could eliminate a traditional neighborhood overlay from happening. Mr. Buck stated he recalled a discussion at the Plan Commission meeting that requiring a high percentage of support for a traditional neighborhood overlay was a way for rental property owners to block the use of the overlay. Council Member Fitzgerald asked if requiring a high percentage of support for a traditional neighborhood overlay would violate any State Statutes. Ms. Lorenson explained under State law regarding zoning changes, there was a provision that twenty percent or more of property owners could sign a petition which would force the Council to adopt a change by a super majority vote. If the Council adopted an ordinance with a percentage requirement, it could potentially conflict with that State law. Under the State law the Council would still have the discretion to weigh arguments and pass a zone change above the objection of the twenty percent or more of property owners. The proposed amendment of requiring a percentage of support for a traditional neighborhood overlay could potentially take away the discretion that the State had vested in the Council. Mayor Tower stated citizens could contact the Council with their thoughts regarding the design standards up until the ordinance was voted on at the next Council meeting. Mr. Davis explained that the proposed ordinance would only be implemented for new improvements being made to a property. Resolution 14-59 Approval of Final Resolution For Special Assessments – Contract No. 14-04 / Paving, Sidewalk, Driveway & Utilities First Local Street Concrete Paving Program (North Side – Bowen Street) MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Gordana Oehmen, 1333 Bowen Street, was concerned about the cost of the special assessments charged to her property along with the interest rate. She urged the Council to reconsider levying assessments. 4 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Fred Nichols, 1329 Bowen Street, was concerned that the special assessment charges would rise before the work was completed. Council Member Herman asked for clarification that the costs of the special assessments were estimated to be higher than expected so as not to require another public hearing. Steve Gohde, Assistance Public Works Director, stated in the case of Bowen Street the concrete cost was fixed based on the 2013 price of concrete and the frontage of the lots. He stated the side streets in the proposed resolution were estimated on the high side. Council Member Herman asked how much of the proposed project was paid by the City. Mr. Patek stated the City estimated the street construction cost for the proposed resolution to be $525,000.00; of that cost property owners would be paying an estimated $131,800.00. He stated property owners on each side of the street both paid one third of the cost of the street paving and the City paid the remaining one third of the cost of the street paving. He explained for the proposed project there were numerous short blocks and corner lots, therefore the City was paying a higher portion of the street construction costs. Mr. Gohde added that the majority of the properties in the proposed project were zoned Residential, thus per policy, they were capped at paying one third of a thirty two foot wide street. Bowen Street was a forty two foot wide arterial street so the City would be paying for the additional ten feet. Council Member Herman asked for clarification on how corner lots were assessed. Mr. Gohde explained per policy, corner lots having two streets being repaved received a reduction in their assessment. Fifty percent of the lot would be reduced for a lot up to one hundred fifty feet in depth. Mr. Patek stated the reduction was given once the second street was paved. Council Member Herman asked if there was a break given to property owners for sidewalk replacement. Mr. Gohde stated if the City had done sidewalk square replacement within two years prior to a street paving project, the property owner would not be billed for the new sidewalk if it was replaced again. He explained if sidewalk squares that were in good condition needed to be removed to hook up a property owner’s utility lateral; those sidewalk square replacements were assessed back to the property owner. He stated if there were sidewalk squares in good condition that needed to be removed to make handicap ramps work or to adjust the sidewalk to meet the grade of the street; the City paid for those. Council Member Herman asked how old the utilities were underneath Bowen Street and how long ago it was paved. 5 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Mr. Patek stated that Bowen Street, from Bay Street to Harrison Street, was last paved in 1968. He stated the sanitary sewer laterals underneath Bowen Street from New York Avenue to Nevada Avenue were from 1938. Council Member Herman asked about the storm sewer laterals in the proposed project area. Mr. Patek stated only one block between New York Avenue and Tennessee Avenue needed storm water laterals replaced in the proposed project area. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about sidewalks not being cleared of snow and ice in her neighborhood. Mayor Tower reminded the public to call the Engineering Division at 236-5065 to report sidewalks that were not cleared of snow and ice. Diane Nichols, 1329 Bowen Street, expressed her concerns regarding excess snow being placed on her property by City snowplows. Fred Nichols, 1329 Bowen Street, felt the curb in front of his property was damaged from a City snowplow. CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt and Filing of Common Council Minutes from January 28, 2014 Receipt and Filing of Museum Board Minutes from December 5, 2013 Receipt of Claim filed with the City’s Insurance Company: A) Brennan Wendt for alleged damages to his vehicle from hitting a pothole B) Germantown Mutual Insurance on behalf of Courtney Bohler for alleged damages from a snowplow Receipt of Claim filed with the City’s Insurance Company / Don Millis, Agent for Claimant, for Kwik Trip, in the amount of $99,871.10 plus interest for alleged excessive assessments th at 2400 S. Washburn Street, 2115 Jackson Street and 215 W. 20Avenue Council Member Cummings noted several big businesses had filed claims for alleged excessive assessments and asked if it was a trend. Council Member Rohloff believed State wide there would be a trend of franchise businesses suing for alleged excessive assessments due to a recent Supreme Court ruling favoring Walgreens in Madison. He disagreed with the ruling and felt that businesses were asking for special treatment regarding their assessments. He stated the City assessors 6 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY and the City’s contracted assessors followed the assessor’s manual prescribed by the State Department of Revenue. Council Member Pech asked if the City provided zoning changes to allow the businesses to locate in the areas they were in. Mr. Rohloff stated typically when franchise businesses located to Oshkosh, zoning changes were needed. Council Member Pech felt the businesses suing for excessive assessments were “biting the hand that feeds them”. He asked if suing for excessive assessments was a remedy only available to commercial businesses. Ms. Lorenson explained that anyone could file a claim for excessive assessment however, the City typically saw claims filed from commercial entities. Council Member Cummings asked what the cost of the excessive assessment claims was to taxpayers. Ms. Lorenson stated the City had insurance coverage for the defense of excessive assessment claims up to $50,000.00. She stated in addition to outside legal counsel she, her assistant, and the assessor’s office spend a significant amount of time on excessive assessment cases; which the City paid for. Council Member Cummings commented that the taxpayer essentially paid for the defense of excessive assessment claims. Mr. Rohloff stated if the City lost a case for a commercial business excessive assessment it would redistribute the property tax, in his opinion, disproportionately to residential property owners. Mr. Davis indicated that the City had approved a number of Kwik Trip projects over the past couple of years and confirmed there were cases in which the City issued an exception or planned development agreement that did not follow the normal code. Resolution 14-60 Approval of Change Order No. 1 for Public Works Contract No. 13-27 with Michels Corporation for Concrete & Asphalt Crushing (+$10,474.92) Resolution 14-61 Approval of Engineering Services Agreement with AECOM Technical Services, Inc. for the Design of the Snell Road Sanitary Sewer Pump Station (137,834.00) Resolution 14-62 Cancel Outstanding Checks; Write off Delinquent and Uncollectible Accounts 7 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Council Member Herman noted that some of the outstanding checks, delinquent and uncollectible accounts were from 2010 and 2012. He asked if the policy should be tightened in order to settle the accounts quicker. Mr. Rohloff stated the City generally turned unpaid bills over to a collection agency. Outstanding utility bills were able to be placed onto the property tax bill allowing the City to eventually recoup the cost. He stated unfortunately in cases of bankruptcy, if the bankruptcy was filed prior to the utilities being placed on the property tax bill, the City had little leverage. After three years, for accounting purposes, the money owed was written off, however collection of the debt was still pursued. Council Member Herman asked if the time it took to send an unpaid bill to collections could be shortened. Ms. Lorenson stated the collection agencies the City worked with realized that the odds of collecting debt is the sooner the better. Mr. Rohloff stated he felt the City was aggressively pursuing debt collection. He stated in cases where businesses closed, the City had little recourse. Mayor Tower was concerned that some of the bills proposed to be written off were owed from businesses that declared bankruptcy, restructured themselves, and were still in business. Mr. Rohloff stated with respect to the utility bills, the City was researching whether it could more frequently place unpaid sanitary sewer and storm sewer bills onto the property tax bill as they were not governed by the Public Service Commission. Council Member Herman asked if the City could place tighter restrictions on habitual delinquent utility payers. Ms. Lorenson stated City staff was researching different options it could take with habitual delinquent utility payers. Mr. Rohloff stated the City was also researching the idea of charging a security deposit for utilities. Council Member Cummings noted that several landlords on the list of delinquent payers received government subsidies. He asked if there was an avenue the City could pursue to recover delinquent utility bills from this type of landlord. Council Member Fitzgerald stated he did not know if landlords were screened as to if they paid their bills prior to being placed on the list to receive government subsidies. He would ask the Winnebago County Housing Authority. Resolution 14-63 Support AB 680 — The Clean Waters Health Economy Act (Phosphorus Reform Legislation) 8 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY Resolution 14-64 Approve Appointments to Advisory Parks Board, Sustainability Advisory Board, Grand Opera House Advisory Board Resolution 14-65 Approve Combination “Class A” License, Agent Change, Special Class “B” Licenses, Operator Licenses, Taxi-Cab Driver License & Secondhand Dealer License MOTION: ADOPT CONSENT AGENDA (Pech; second, Clark) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS A workshop to discuss special event policies would be held at a future date. Mr. Rohloff indicated once City staff was finished collecting comments he would forward that information to the Council and a meeting could be scheduled. A workshop on NeighborWorks would be held at a future date. Mayor Tower asked that NeighborWorks provide the Council with an update on what was happening in the City of Oshkosh. CMAS OUNCIL EMBER NNOUNCEMENTS AND TATEMENTS Council Member Herman read the following goals of the City Manager for 2014: 1) Develop a five-year plan to reduce City’s general obligation debt to approximately 70% of equalized value. Develop priorities of CIP’s to get to target level. Provide Council with recommended priorities of CIP’s by September 1, 2014. 2) Conduct the structural review of the City’s health insurance plan. Identify ways to control City’s increasing costs and contributions for health insurance and benefit package. Develop a plan to phase in changes over time. Provide review and recommendations to Council by June 1, 2014. 3.) Develop a set of metrics that can monitor the progress of the City’s investment in economic development. Mayor Tower explained the City Manager had many tasks and goals to accomplish, however the three goals introduced by Council Member Herman were of higher priority. He indicated there would be no financial incentive attached to the goals as was the case in past years. Mr. Rohloff stated he felt the goals of the City Manager for 2014 were attainable. He stated a resolution indicating the 2014 goals of the City Manager would be placed on the agenda for the next Council Meeting. Council Member Allison-Aasby stated she would be out of town on business for the th February 25 Council Meeting. 9 PCC–F112014 , ROCEEDINGS OF THE OMMON OUNCIL EBRUARY CSC ITIZEN TATEMENTS TO OUNCIL Lori Palmeri, 212 W. Parkway Avenue, represented the Middle Village Neighborhood Association. She expressed concern over a rental property in her neighborhood and asked if there was a way in which the City could hold investment property owners to an accountable, professional standard. Mayor Tower was hopeful that the NeighborWorks Program would be able to aid in the issue of subpar investment properties. Council Member Allison-Aasby asked when the Council would be provided background and documentation regarding the property Ms. Palmeri spoke of. Ms. Palmeri stated she had some notes pulled together and was in the process of gathering more facts. Once she had all of her information she would provide it to the Council for consideration. Council Member Clark thanked Ms. Palmeri for her feedback. Council Member Pech commented that one person could lead a positive impact on the community. CMAS ITY ANAGER NNOUNCEMENTS AND TATEMENTS st Mr. Rohloff reported that the State of the City would be held on March 31 at 6:00 p.m. MOTION: ADJOURN (Cummings; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 7:31 p.m. PAMELA R. UBRIG CITY CLERK 10