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Home My WebLink AboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN J22,2014 ULY REGULAR MEETING held Tuesday, July 22, 2014, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Caroline Panske, Sean Fitzgerald, 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 Cummings read the Invocation. The Pledge of Allegiance was led by Council Member Cummings. PH UBLIC EARINGS Resolution 14-323 Approve Final Resolution Vacating Portion of Dakota Street North of rd West 3 Avenue MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Bernie Pitz, 617 W. Irving Avenue, opposed the resolution vacating a portion of Dakota rd Street West of 3 Avenue. He felt the City was not in compliance with the laws of eminent domain with regard to his former property. Council Member Pech asked for clarification of the comments made by Mr. Pitz regarding eminent domain. Mr. Rohloff stated the City was in full compliance with State law and acquired the property legally. He stated that Mr. Pitz was represented by council in the transaction. Resolution 14-324 Approve Amended Final Resolution for Special Assessments for Sanitary Sewer and Sanitary Sewer Laterals Adjacent to Sawyer Creek (Fox Tail Lane to Clairville Road) MOTION: ADOPT (Cummings; second, Panske) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower 1 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 14-325 Approve Amended Final Resolution for Special Assessments for Sanitary Sewer, Sanitary Sewer Laterals, Water Main and Water th Laterals / 20 Avenue MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower CSC ITIZEN TATEMENTS TO OUNCIL Tim Finley, 1315 Bowen Street, was concerned about the interest rate being charged to property owners who chose to add the special assessments to their property tax bills. He also wanted the City to develop a hardship program for property owners who could not afford to pay for their special assessments. Council Member Herman stated the current ordinance in place for special assessments required a six percent interest charge to property owners who chose to add the special assessments to their property tax bills. He stated the interest rate could not be changed without revising the current ordinance. Mr. Finley reiterated his plea for the City to research and develop another plan to pay for street reconstruction projects to release the burden from property owners on fixed incomes who could not afford to pay for their special assessments. Council Member Pech stated that Council and City staff had revisited the special assessment policy in 2012 and determined that the policy currently in place was best for all of the citizens of Oshkosh. Mr. Finley asked the Council to keep an open mind regarding the special assessment policy. Council Member Fitzgerald stated there were philanthropic organizations within the City that could possibly help property owners with hardship cases regarding special assessments. He felt it was dangerous for government to get into the practice of providing philanthropy. Mr. Rohloff encouraged members of the public to view the workshop that was held on May 29, 2012 regarding special assessments. He stated he was willing to talk to citizens who had questions about the special assessment policy. Patricia Diener, 1316 Broad Street, felt the City should add a tax to the sale of vehicles to help pay for special assessments. Kari Halsey, 1325 Bowen Street, stated her special assessments amounted to half of her total annual income and that she was concerned about how she would be able to pay for them. 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. She 2 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY stated she lived in a low income neighborhood and that her special assessments totaled half of her total annual income. She stated that she would like some assistance from the City to aid her in paying her special assessments. She felt not all property owners were assessed the same for street reconstruction projects. Sandra J Villalobos, 1316 Bowen Street, stated she lived in a neighborhood of modest homes owned by people who could not afford the special assessments for the street reconstruction. Wendy Reinert, 1409 Bowen Street, felt the special assessments were too high and did not believe Bowen Street was in poor enough condition to warrant reconstruction. She was concerned that property owners in her neighborhood would be forced to sell their homes due to the fact they could not afford to pay for the special assessments. Roger Reinert, 1409 Bowen Street, felt the City should find a solution for property owners who were struggling to pay their special assessments. He also was concerned about the number of street reconstruction projects being done in the City. CA ONSENT GENDA Approval of Bills presented by the Finance Director Approval of Cash Report from May 2014 Receipt and Filing of Museum Board Minutes from June 5, 2014 Receipt of Claim filed with the City’s Insurance Company: A) Vickie Schwerin for alleged injuries from falling on the sidewalk B) Harry Van Damme for alleged injuries from the bleachers at Red Arrow Park Resolution 14-326 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 1212 Oshkosh Avenue (RDA action 7/21) Resolution 14-327 Approve Spot Blight Designation; Authorize Redevelopment Authority to Accept Donation of 1210/1212 Oregon Street Resolution 14-328 Grant Utility Easement to Wisconsin Public Service Corporation / Riverside Park; North Main Street to Ceape Avenue (Plan Commission Recommends Approval) Resolution 14-329 Grant Utility Easement to AT&T; Approve Agreement with AT&T to th Relocate Existing Overhead Line to Underground / 4 Avenue and Michigan Street - Boat Works Riverwalk Project (Plan Commission Recommends Approval) Resolution 14-330 Grant Privilege in Street to Gabriel’s Villa and Lutheran Homes of Oshkosh in North Westfield Street Right of Way, adjacent to 215 North Westfield Street (Plan Commission Recommends Approval) 3 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 14-331 Approve Conditional Use Permit/Planned Development for Urban Green Space Usage; Southeast Corner of Ida Avenue and Franklin Street- Middle Village Neighborhood Association (Plan Commission Recommends Approval) Tony Palmeri, 212 W. Parkway Avenue, explained the boundaries of the Middle Village Neighborhood Association and stated it was the goal of the Association to use the vacant parcel as a park. Resolution 14-332 Approve Conditional Use Permit/Planned Development for Community Garden at Northeast Corner of Central Street and West Parkway Avenue - Middle Village Neighborhood Association (Plan Commission Recommends Approval) Lori Palmeri, 212 W. Parkway Avenue, thanked the Council for their support of the Middle Village Neighborhood Association. Resolution 14-333 Approve Option to Purchase from Bank First National and Gregorski Development / Property at Southwest Corner ofJackson Street and Pearl Avenue; (RDA approved with slight wording revision) Council Member Fitzgerald requested that Resolution 14-333 be pulled from the Consent Agenda for separate consideration. Resolution 14-334 Approve Conditional Use Permit Downtown Overlay District Standard Modification; 570 North Main Street/Varsity Club (Plan Commission Recommends Approval) Council Member Cummings recognized the owner of the Varsity Club, the Plan Commission and the Landmarks Commission for retaining the original architectural look of the building. Council Member Herman noticed construction had begun at the Varsity Club and asked for clarification if it was appropriate due to the fact that Council had not yet approved the resolution. Darryn Burich, Director of Planning Services, stated that the owner of the Varsity Club may have taken out permits for other projects; the resolution pertained to the windows of the building. Mr. Rohloff explained typically work could start on a building permit that may or may not reflect the final approval from Council. For example, if the Council did not approve Resolution 334, the owner of the Varsity Club could continue to do work; he just would not have the overlay district for the final product and would need to change his plans. Mr. Burich added that work could move forward on a project prior to Council approval on the parts that were compliant with the zoning ordinance. 4 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 14-335 Award Bid for Automatic Passenger Counters for Transit Division to Infodev Edi, Inc. ($46,655.00) Resolution 14-336 Award Bid for Public Works Contract No. 14-11 to Wood Sewer and Excavating, Inc. for Sanitary Sewer Manhole Rehabilitation Program ($393,039.20) Resolution 14-337 Accept Grant from Citizen’s Natural Resources Association for Sustainability Program in the Amount of $2000.00 and Authorize Sponsorship of Rain Barrel Workshop Using Grant Funds Resolution 14-338 Support Wisconsin Department of Transportation’s Application for Ladders of Opportunity Federal Program Funding for Bus Replacements Resolution 14-339 Approval of Special Event - Bethel Worship Center to utilize Opera House Square and Market Street for their Fox Valley Unity Praise Fest / August 2, 2014 Resolution 14-340 Approval of Special Event - Viral Events to utilize Winnebago County Park and Sunnyview Road for their Run or Dye 5K / August 9, 2014 Council Member Herman asked for an explanation of the event. Ms. Lorenson explained that runners in the event wore white shirts and as they passed onlookers, the onlookers would throw corn starch and food coloring on them making the shirt look like it was tye dyed. She stated there were conditions to the event regarding keeping the discharge out of the storm water system. Resolution 14-341 Approval of Special Event - UW-Oshkosh Women’s Center to utilize Opera House Square for their Fox Valley Display of the Monument Quilt / August 18, 2014 Resolution 14-342 Approval of Special Event - Lourdes Academy to utilize city streets for their Lourdes Academy Eucharistic Procession / September 4, 2014 Resolution 14-343 Approval of Special Event - BID to utilize city streets and Opera House Square for their Downtown Chalk Walk / September 6, 2014 Council Member Herman asked for an explanation of the Downtown Chalk Walk. Ms. Lorenson explained that originally the Downtown Chalk Walk event was going to have chalk artwork completed for display on the actual sidewalk, however concerns were raised regarding the dye in the chalk potentially getting into the City’s storm water system (per the DNR the City cannot have any discharge into the storm water system). She stated the applicant of the event came up with an alternate plan to place the artwork on chalk boards which was what the Council was being asked to approve. 5 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Sandy Prunty, 856 County Road I, was the organizer of the event. She stated traditionally in Chalk Walks the artwork was displayed on sidewalks and streets for three or four days and generally erased by traffic and rain. She stated due to issues with the DNR she came up with the plan to display the artwork on chalk boards; the boards would be displayed in downtown stores for the month of September. She stated the boards would be created on 400 N. Main Street, Market Street, and at Opera House Square. She indicated there was one artist who preferred the artwork be displayed on the sidewalks and streets. Resolution 14-344 Approval of Special Event - ESTHER Fox Valley to utilize Opera House Square for their Freedom Summer Comes Home / September 13, 2014 Resolution 14-345 Approval of Special Event - Lourdes Academy Student Council to utilize city streets for their Lourdes Academy Homecoming Parade / October 3, 2014 Resolution 14-346 Approval of Block Party Request / Armory Place between Windsor Street and Crystal Springs Avenue / August 5, 2014 Resolution 14-347 Approval of Block Party Request / Bent Avenue between Algoma Boulevard and Sheridan Street / August 5, 2014 Resolution 14-348 Approval of Block Party Request / Evans Street between Mallard Avenue and Greenwood Court / August 5, 2014 Resolution 14-349 Approval of Block Party Request / Ida Street between Frederick Street and Franklin Street / August 5, 2014 Resolution 14-350 Approval of Block Party Request / W. Nevada Avenue between Jackson Street and Wisconsin Street / August 5, 2014 Resolution 14-351 Disallowance of Claim by Jesse Andersen Resolution 14-352 Approve Special Class “B” Licenses, Operator Licenses and Taxi-Cab Driver Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 14- 333(Pech; second, Cummings)) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Resolution 14-333 Approve Option to Purchase from Bank First National and Gregorski Development / Property at Southwest Corner ofJackson Street and Pearl Avenue; (RDA approved with slight wording revision) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor Tower Present (1) Fitzgerald 6 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY Council Member Fitzgerald stated he would be voting present as his business had a relationship with Bank First National. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Resolution 14-353 Approve Partial Release of Development Agreement and Driveway License Agreement for Portion of 1090 North Washburn Street (Kwik Trip) MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Council Member Herman asked if the written consent from Convenience Store Investments (Kwik Trip) had yet to be obtained or if it was part of the resolution. Ms. Lorenson stated she had seen the draft of the written consent from Convenience Store Investments and that it was part of the resolution. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS rd A budget workshop would be held on July 23 at 5 p.m. Council Member Pech had requested a discussion for a workshop on an update on Economic Development/GOEDC; however he deferred the discussion to a future meeting. thth Due to the August 13 Council Meeting, the budget workshop for August 13 would need to be rescheduled. Council Member Allison-Aasby stated she would be out of the State and would not be able rd to attend the budget workshop on July 23. Mayor Tower announced that the Annual Mayor’s Community Breakfast would be held on st August 1 at the Leach Amphitheater from 6:00 a.m. to 10:00 a.m. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about people trespassing on a property in her neighborhood. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff advised the Council about a pickup truck for the Parks Department and traffic control devises for the Transportation Department that were cooperative purchases through the State of Wisconsin and U.S. Communities respectively. He stated an Agreement for Master Planning Services for the Menominee Park Zoo was made with FEH Associates. He 7 PCC–J22,2014 ROCEEDINGS OF THE OMMON OUNCIL ULY stated City staff was in the process of finalizing the draft agreement for the schedule for TIF #27. He stated The East Central Riverfront Visioning workshops would be held on th August 6th, 13th, and 20 at various times and locations. He announced that the National th Night Out would be held on August 5 and encouraged the Council to attend some of the neighborhood block parties associated with the event. Council Member Herman asked if the City Clerk needed to be notified of which block parties council members would be attending. Mr. Rohloff stated a notice of observation of the entire event would be advertised. MOTION: TO CONVENE INTO CLOSED SESSION A) PURSUANT TO SECTION19.85(1)(G) OF THE WISCONSIN STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED IN ANTICIPATION OF LITIGATION IN WHICH THE CITY MAY BECOME INVOLVED PERTAINING TO A CLAIM RELATED TO A PROMISSORY NOTE EXECUTED BY THE REDEVELOPMENT AUTHORITY FOR THE CITY OF OSHKOSH FOR PROPERTY OWNED BY THE REDEVELOPMENT AUTHORITY LOCATED AT 362 MICHIGAN STREET (FORMER BOATWORKS PROPERTY) IN THE CITY OF OSHKOSH; AND, B) PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATUTES FOR THE PURPOSE OF NEGOTIATING THE ACQUISITION OF PUBLIC PROPERTY LOCATED AT 43 EAST TH 7 AVENUE WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION; AND, C) PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE MID-YEAR REVIEW OF THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY. (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower A DJOURN MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:07 p.m. PAMELA R. UBRIG CITY CLERK 8 9