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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN J8,2014 ULY REGULAR MEETING held Tuesday, July 8, 2014, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Caroline Panske, and Mayor 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 Council Member Fitzgerald. CSC ITIZEN TATEMENTS TO OUNCIL Lori Palmeri, 212 W. Parkway Avenue, asked the Council to consider for the September sex offender workshop, the effect that sex offenders living in a neighborhood had on property values. She stated she would like to hear about the data analysis on the issue of the effect that sex offenders living in a neighborhood had on property values as well as the typical information on how to keep safe with sex offenders living in your neighborhood. Patricia Diener, 1316 Broad Street, was concerned about illegal fireworks being set off in her neighborhood. Kari Halsey, 1325 Bowen Street, felt her assessment was too high and asked for the City to pay for the concrete or waive the 6% interest rate. Rich Schneider, 1418 Bowen Street, felt it was not necessary to reconstruct Bowen Street and that property owners were being asked to pay the price for a previous project. He felt Main Street from New York Avenue to Murdock Avenue was worse than Bowen Street. Mayor Tower stated the City was paying over 90% for the Bowen Street reconstruction project and that North Main Street from New York Avenue to Murdock Avenue was scheduled for reconstruction in 2016. Mr. Rohloff indicated in some cases it made more sense for the entire block of sidewalk to be replaced; but property owners would only be charged for sidewalk squares that needed to be replaced. 1 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Gordana Oehmen, 1333 Bowen Street, felt the City should pay for the concrete and sidewalk paving and the property owners should pay for the sanitary sewer laterals. Sharon Koerner, 709 Merritt Avenue, thanked the City for replacing the blacktop on Merritt Avenue and by the library. She was concerned that the people who owned homes affected by the Bowen Street reconstruction project would be forced to sell their properties due to them not being able to afford the special assessments. She asked when property owners were notified of pending projects and special assessments. Mr. Rohloff stated the property owners for the Bowen Street project were notified in the fall of 2013 and the property owners would not be billed for the special assessments until 2015. CA ONSENT GENDA Approval of Bills presented by the Finance Director Resolution 14-302 Approve Memorandum of Understanding with Winnebago County Sheriff’s Office for Operation of a Search and Rescue Craft Resolution 14-303 Approve Disposition of Surplus Property to Ronald and Jane Johnson LLC; Land & Railroad Spur North of 3555 Moser Street (Plan Commission Recommends Approval) Resolution 14-304 Approve Planned Development for Construction of Commercial Strip Center at 1500 Block of South Koeller Street (Plan Commission Recommends Approval) Council Member Panske asked what business besides Noodles and Company would be located in the strip center. Darryn Burich, Director of Planning Services, stated the other business that would occupy the strip center had not yet been identified. Resolution 14-305 Approve Planned Development for Expansion of UW-Oshkosh Women’s Center at 717 W. Irving Avenue (Plan Commission Recommends Approval) Resolution 14-306 Approve Winnebago County Recycling Surplus Revenue Ballot Mayor Tower stated he was concerned that the City was losing recycling revenue. Resolution 14-307 Approve Connecting Highway Change Agreement with Wisconsin Department of Transportation for Maintenance Jurisdiction Revision on th State Trunk Highway 44 from US Highway 41 to 20 Avenue Resolution 14-308 Award Bid for Two Non-Linear Editing Systems for Media Services Division to Digital Pictures Inc. ($33,426.32) 2 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 14-309 Approve Purchase of Fire Alarm System Including Design and Installation for Public Safety Building ($39,950.00) Resolution 14-310 Approve Amended Initial Resolution for Special Assessments for Sanitary Sewer and Sanitary Sewer Laterals Adjacent to Sawyer Creek (Fox Tail Lane to Clairville Road) Resolution 14-311 Approve Amended Initial Resolution for Special Assessments for Sanitary Sewer, Sanitary Sewer Laterals, Water Main and Water th Laterals / 20 Avenue Resolution 14-312 Rescind Personal Property Taxes (Name of Business: New To You) Council Member Herman was concerned about the City rescinding personal property taxes to businesses. He felt it would ultimately reduce the City’s bottom line. Mr. Rohloff stated each property tax rescission was a different case, but most property tax rescissions were of estimates made by the Assessor’s Office. He explained, per State law, personal property taxes were self reported; if a business failed to report its personal property the Assessor’s Office was allowed to complete a doomage assessment of the personal property and gauge their best estimate on the value of the personal property. He stated if the business folded, then the City had to rescind the personal property tax. He stated that he felt the State of Wisconsin currently had an inefficient way to collect personal property tax. Resolution 14-313 Partial Allowance of Claim / Refund of Property Taxes for 2012 and 2013 / Partial Rescission of Property Taxes / Hoffmaster Group for Property Located at 2920 North Main Street Resolution 14-314 Approval of Special Event – Oshkosh Elks Lodge #292 to utilize th Rainbow Park for their 24 Annual Oshkosh Elks Sheepshead Fishing Tournament / July 19, 2014 Resolution 14-315 Approve Appointment to Plan Commission Resolution 14-316 Approve Special Class “B” Licenses, Combination “Class B” Licenses, Junk Collector License and Operator Licenses Resolution 14-317 Approve Agreement for Tipping Fees for Riverside Parking Lot Phase 1 Project (Not to Exceed $50,000) Resolution 14-318 Approve Purchase for Street Lighting Poles and Fixtures for Riverside Parking Lot Phase 1 Project ($27,014.14) Council Member Cummings asked what the lighting would look like. 3 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Ms. Lorenson stated the lighting was compatible with the other parking lots located in the area of the Riverside Parking Lot. MOTION: ADOPT CONSENT AGENDA (Pech; second,Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-319 Approval of Striped Bicycle Lanes on Both Sides of Sawyer Street, from th 5 Avenue to Fillmore Avenue on the East Side and to Buchanan Avenue on the West Side, Parking Regulation Changes on Sawyer Street Related to the Bicycle Lanes and Speed Limit Change on Murdock Avenue East of Bowen Street MOTION: ADOPT (Panske; second, Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor Tower Council Member Herman noted that the speed limit change on Murdock Avenue was initiated by a neighborhood association. Council Member Panske stated she personally was excited for the bike lanes on Sawyer Street. Resolution 14-320 Approve Tax Increment District No. 27 Project Plan; Designate Tax Increment District No. 27 Boundaries; Create Tax Increment District No. 27 North Main Street Industrial Park (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Herman) MOTION: AMEND THE BOUNDARIES OF TID #27 TO REMOVE THE RECENTLY ANNEXED PACUR PROPERTY AT THE SOUTHWEST CORNER OF MOSTER STREET AND SNELL ROAD (Herman; second, Fitzgerald) CARRIED: Ayes (6) Fitzgerald, Cummings, Herman, Allison-Aasby, Panske, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Fitzgerald, Cummings, Herman, Allison-Aasby, Panske, Mayor Tower Council Member Pech excused himself from the dais during the discussion and the voting of the resolution due to having a relationship with the TID applicant. Allen Davis, Director of Community Development, stated the boundary of the TID was basically the North Industrial Park, which included Perfecseal who was requesting a Paygo TIF in return for job retention and job creation. He stated the City also viewed the TID as an 4 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY opportunity to correct the storm water situation in the North Industrial Park to make the land more developable for the property owners. Council Member Fitzgerald asked the representatives from Perfecseal to explain about their plans for expansion. Paul Verbeten, President of Bemis Healthcare Packaging (Perfecseal), stated in order for his company to be a global leader in the health care packaging industry it needed to expand through technology, new manufacturing equipment, and in clean room manufacturing. He stated the support his company would receive from the TIF would enable the business to remain in Oshkosh rather than moving the entire operation to Mexico. Council Member Herman asked how the exclusion of the Pacur property would affect the TID. Mr. Davis replied the exclusion of the Pacur property would not affect the TID plan. He stated the City did not take into account any growth in the TID other than inflation growth. Council Member Herman asked how the storm water upgrades would impact Pacur if the business was not part of the TID. Mr. Davis stated it was yet to be determined if Pacur would be hooked up to the new future storm sewer system. He stated Pacur could be added to the TID at later date. Council Member Herman asked if the Plan Commission was aware that Pacur was excluded from the TID boundaries. Mr. Davis replied that the Plan Commission was not aware that Pacur was excluded from the TID boundaries. Council Member Herman asked if the exclusion of Pacur in the TID needed to be brought to the Plan Commission for approval. Mr. Rohloff stated it was not required for the exclusion of Pacur in the TID to be brought back to the Plan Commission for approval. He explained due to Pacur recently being annexed into the City, State laws required a three year waiting period before they could join the TID boundary. He stated that Pacur expressed interested in being included in the TID boundary, however they understood they would have to wait. Mayor Tower asked if a development agreement detailing accountability for the job creation would follow if the resolution was approved. Mr. Davis replied that once the TID was approved, a development agreement would be drafted and brought before Council for approval. Mayor Tower clarified there was a ten year time frame on the paygo TIF with a two million dollar maximum. 5 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Mr. Davis confirmed there was a ten year time frame on the paygo TIF with a two million dollar maximum. NOTE: Council Member Pech rejoined the meeting at 6:45 p.m. Resolution 14-321 Approve Amendment to Previously Approved Planned Development Relative to Detention Basin Construction at 3735 South Washburn Street (Plan Commission Recommends Denial) MOTION: REFER BACK TO PLAN COMMISSION (Pech; second, Allison-Aasby) CARRIED: Ayes (5) Fitzgerald, Pech, Allison-Aasby, Mayor Tower, Panske Noes (2) Cummings, Herman Tony Welnicke, owner of Big Rig Chrome Shop and ZBW LLC, preferred to have a stone edged detention basin in front of his business instead of having the basin surrounded by vegetation. He felt it was more aesthetically appealing to his business to have the stone edge. Council Member Cummings asked what the issue was with the Plan Commission to not allow Mr. Welnicke to have stone edge around the detention basin in front of his business. Darryn Burich, Director of Planning Services, stated the planned development approved for the site of the detention basin allowed for natural plantings around the detention basin. He stated the Plan Commission did not authorize a change for the use of stone. Council Member Pech stated the contractors Mr. Welnicke hired should have followed the approved plan for the detention basin. Mr. Burich stated the requirement for natural plantings around a detention basin had been consistent over the past few years. He stated for development in the high profile corridors such as along Highway 41, there were additional architectural standards and the condition for natural plantings around detention basins had been a standard condition for four or five years. Council Member Pech stated there could be other detention ponds in the area of Mr. Welnicke’s business that did not have natural plantings around them, however since those ponds were not along the Highway 41 corridor they may look different. Mr. Burich stated it was a standard condition as part of the planned development whenever a detention pond was placed in the corridor. He stated natural plantings were also a condition of regional plan for detention pond projects that the Public Works Department was working on. Council Member Fitzgerald asked if there were water quality issues is rocks surrounded the detention basin. Mr. Burich stated there were some environmental benefits to having natural plantings surround a detention basin rather than using rip rap (rocks). 6 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Steve Gohde, Assistant Public Works Director, stated the advantage of having natural plantings surround a detention basin versus the rip rap was that the plants would absorb nutrients such as phosphorus and nitrogen which were key elements that got into water and caused algae blooms and pollution downstream. He stated in the near future the DNR would require the City to remove those nutrients from the water prior to the water discharging into Lake Winnebago. Council Member Fitzgerald asked if the City was willing to work with Mr. Welnicke on a compromise if the Council did not approve the resolution. Mr. Burich stated the City was open to looking at some additional landscaping measures that would serve as a buffer to the detention basin. He suggested the Council refer the resolution back to the Plan Commission so they could work out a different plan with Mr. Welnicke for the detention basin. Mayor Tower stated after attending the Plan Commission Meeting, he had the understanding that there were no water quality issues or storm water issues with the detention basin in its current state using rip rap. Mr. Gohde stated the detention basing currently met the requirements for the DNR technical standards for the water quality and the City’s storm water requirements. Mayor Tower acknowledged that Mr. Welnicke did not build the detention basin as was directed in the planned development of the site, however he felt as there were no adverse effects to using the rip rap, the Council should either approve the resolution or refer it back to the Plan Commission to work out a compromise with Mr. Welnicke. Council Member Cummings stated there were some other side issues that were not met according to the planned development such as planting of trees. Council Member Pech did not support approving the resolution due to the fact that the changes were made without Plan Commission or Council approval. He made a motion to refer the resolution back to the Plan Commission to work out a compromise. Mr. Welnicke stated the other issue with the planned development was the planting of shrubs and that issue had been rectified. He stated his decision to use rip rap instead of natural plantings was because he thought it would improve the detention basin. He stated he did not deliberately try to get around or manipulate the requirements of the planned development. Council Member Fitzgerald asked Mr. Welnicke if the Council voted to refer the resolution back to the Plan Commission for a compromise did he have the ability to get back with his contractor to get the project completed. Mr. Welnicke stated he had no one on staff to complete whatever work needed to be done, however he could hire a professional. He stated he supported planting shrubs or flower beds around the detention basis, adding he was not opposed to spending more money to 7 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY make the detention basin look better. He was concerned that he would have to spend more money that would make the detention basin look worse. Council Member Herman commented it was the opinion of Mr. Welnicke that the detention basin would look worse and asked if he disagreed with the policy of the City regarding requiring aquatic plants around detention basins along the corridor of Highway 41. Mr. Welnicke stated he had not studied the Highway 41 Corridor Plan, however he believed rip rap was more aesthetically pleasing than the use of aquatic plants to surround detention basins. Council Member Cummings was concerned that the Council would be asked to manage by exception going forward. He felt the policies made by the City should be followed. Mayor Tower felt it was important for the Council to look at situations individually and create exceptions from time to time. Council Member Pech stated the requirement was clearly stated in the planned development what needed to be done with the detention basin. He felt Mr. Welnicke should have gone to the Plan Commission to get approval for the changes prior to them being done. Council Member Panske stated she had seen the detention basin first hand and thought it looked great. She stated her concern was that Mr. Welnicke did not get approval before he made changes to the planned development. Mr. Welnicke stated he was learning the rules as he went along. Council Member Allison-Aasby stated she also saw the detention basin first hand and thought it looked great. She stated she did not feel that Mr. Welnicke had malicious intent in his reason for making changes to the detention basin. She supported referring the resolution back to the Plan Commission as economic development and being friendly to businesses was a goal of the City. She felt confident that that Mr. Welnicke had become educated on what to do when making changes to a planned development. Resolution 14-322 Approve Authorizing the Submission of a Wisconsin Department of Transportation Facilities for Economic Assistance (TEA) Grant Application for Railroad Spur and Loading Platform in Southwest Industrial Park (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Fitzgerald) CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor Tower Mayor Tower asked for an explanation of the resolution. Mr. Davis stated the City had been working with the Department of Transportation, Oshkosh Corporation and Wisconsin Southern Railroad to come up with a long term solution that 8 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY would help Oshkosh Corporation stay in the City Oshkosh. He stated a grant would be used to help Oshkosh Corporation relocate a railroad spur for transportation of their product out of the City by rail. The City was looking into expanding the serviceability of the temporary railroad spur located behind Allerton Avenue away from the residential area. Council Member Herman asked if other companies would benefit from the railroad spur. Mr. Davis stated since the railroad spur would be a City owned facility, other businesses could use it with the agreement of the City and Wisconsin Southern Railroad. Council Member Herman asked if businesses in the Southwest Industrial Park had rail service. Mr. Davis stated there were some businesses in the Southwest Industrial Park who received direct rail service onto their property. He stated the railroad spur in the resolution would be the only public railroad spur available and that Wisconsin Southern Railroad saw it as an opportunity to expand their service in the Oshkosh area. Mayor Tower asked what the possibility was for getting financial assistance for the railroad spur from Wisconsin Southern Railroad and Oshkosh Corporation. Mr. Rohloff stated Oshkosh Corporation had agreed to fund any capital costs for the lighting of the railroad spur site. He stated the City was working with Winnebago County to get Wisconsin Southern Railroad to put some financial resources into the railroad spur. Mayor Tower asked if the relocation of the railroad spur would eliminate the noise on Allerton Avenue. Mr. Rohloff stated the relocation of the railroad spur would not eliminate the noise on Allerton Avenue, however it would move the noise away from the residential area. Mr. Davis stated residents would continue to hear train whistles, however he did not feel residents would hear the noise of the trucks being moved onto the railcars. Mr. Rohloff stated the noise of the trucks being loaded onto the railcars was the issue among residents near the current railroad spur. He felt they were accustomed to hearing the train whistles. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS th A strategic planning workshop would be held on July 9 from 9 a.m. to 5 p.m. at the University of Wisconsin Oshkosh Welcome Center. rd A budget workshop would be held on July 23 at 5 p.m. Mr. Rohloff stated the City’s lease agreement with the Grand Opera House was up for automatic renewal and due to some changes that needed to be made to the agreement, the City had sent a notice of non renewal to the Grand Opera House six months prior to the end 9 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY of the agreement as per the agreement requirements. He stated an item up for discussion in the lease agreement was the allocation of a portion of room tax dollars given to the Grand Opera House to offset its operating costs. Mayor Tower stated currently the formula for room tax dollars allocated to the Grand Opera House was 19% of the 7% room tax. He asked what the current room tax was. Mr. Rohloff indicated the current room tax rate was 10%. Mayor Tower asked if the Grand Opera House was currently receiving 19% of the 10% room tax or 19% of the 7% room tax. Mr. Rohloff stated the Grand Opera House received 19% of the 7% room tax. Mayor Tower asked what the actual room tax dollar amount allocated to the Grand Opera House was. Mr. Rohloff stated the dollar amount allocated to the Grand Opera House from the room tax was $130,000.00. Council Member Herman asked for an explanation of what the room tax was. Mr. Rohloff explained there were a large number of grandfather situations regarding room tax as the room tax law had evolved a great deal over the years. He stated currently State law required that room tax dollars that were not reserved must go to local tourism marketing groups. He stated in the 1980’s, when it was allowed by law, the City decided to allocate room tax dollars to the Grand Opera House to help offset its operating costs. Council Member Allison-Aasby asked if the room tax allocation to the Grand Opera House was something intended for a limited time or forever. Mr. Rohloff believed the room tax allocation to the Grand Opera House was intended to be permanent. He added the room tax allocation was a complicated issue and whether it was the right vehicle to fund the Grand Opera House was a topic for discussion. He stated the City owned the building and had responsibilities as a landlord. Council Member Allison-Aasby stated there were a number of issues surrounding the Grand Opera House that needed to be addressed. Council Member Fitzgerald if there would be a workshop for Council to discuss the Grand Opera House. Mr. Rohloff stated the Grand Opera House lease renewal was not just an issue for the Council. He felt that the Grand Opera House Board and the Oshkosh Convention and Visitors Bureau should be included in the discussion. Mayor Tower asked for a time frame in which a meeting would take place to discuss the Grand Opera House lease renewal. 10 PCC–J8,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Mr. Rohloff stated he would like the Grand Opera House lease renewal completed by October. Council Member Herman stated there were other items such as maintenance issues at the Grand Opera House that needed to be addressed in the contract. He felt the focus of the lease renewal meeting should not just be the room tax debate. Mr. Rohloff stated the lease was primarily an agreement between a landlord and a tenant. Due to the Partisan Primary Election on August 12, 2014, the Council elected to change the council meeting scheduled for that night to Wednesday, August 13, 2014. CSC ITIZEN TATEMENTS TO OUNCIL Diane Nichols, 1329 Bowen Street, was concerned about the color, taste, and smell of the water at her residence. She also felt her water bill was too high and was concerned about the street reconstruction contractors doing damage to her property. Mr. Patek stated he wound contact the Water Distribution Department to check Ms. Nichols’ meter and water hydrants near her home. He also stated he would talk to the project engineers regarding any alleged damage to the Nichols’ property. Fred Nichols, 1329 Bowen Street, was concerned about a light pole he felt was moved around on his property. Patricia Diener, 1316 Broad Street, expressed her concerns about various issues. Sharon Koerner, 709 Merritt Avenue, stated she hoped resolutions were not approved just so businesses would not move their operations out of the country. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS There were no city manager announcements. A DJOURN MOTION: ADJOURN (Pech; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:48 p.m. PAMELA R. UBRIG CITY CLERK 11 12