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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN A13,2014 UGUST REGULAR MEETING held Wednesday, August 13, 2014, at 6:00 p.min the Council . Chambers, City Hall. Deputy Mayor Allison-Aasby presided. PRESENT: Council Members Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Caroline Panske, Sean Fitzgerald, and Steve Cummings EXCUSED: 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 Pech read the Invocation. The Pledge of Allegiance was led by Council Member Pech PH UBLIC EARINGS Ordinance 14-354 Approve Amendment to Comprehensive Plan Land Use Maps Changing the Land Use Designation of Property Bounded by USH 45, CTH S, CTH Y, Ryf Road and Wiouwash State Recreational Trail in the Town of Oshkosh from Residential and Industrial to Commercial (Plan (Request to Waive Second Commission Recommends Approval) Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Herman; second Panske) CARRIED: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Council Member Fitzgerald asked if land in the area would be annexed into the City in the future. Mr. Rohloff stated the City did not have a boundary agreement with the Town of Oshkosh. Darryn Burich, Director of Planning Services, stated due to the City not having a boundary agreement with the Town of Oshkosh, the land was not slated to be annexed into the City unless the property owners needed sewer and water service. 1 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST Resolution 14-355 Adopt Revised GO Transit Routes 7 and 9 MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Charles Hodge, 202 Oxford Avenue, encouraged the Council to make the transit routes, specifically the Aurora Hospital and Festival Foods route, as accommodating as possible for the elderly and the disabled. Jim Collins, Transportation Director, explained that on a trial basis, Route 7 would take riders up through the Aurora Medical Center parking lot and add a stop at Festival Foods. Council Member Herman asked if the new traffic counters were on the buses in order to tell how many riders were boarding at each stop. Mr. Collins stated the traffic counters were ordered and he hoped to have them placed on the buses within three months. Council Member Herman asked how long the trial basis for Route 7 would last. Mr. Collins stated the trial basis for Route 7 would last a couple of months and that a decision would be made on the route before winter. Mr. Rohloff asked Mr. Collins to explain how Routes 5 and 7 would work together. Mr. Collins explained under current routes, if a rider wanted to get from downtown to Aurora Medical Center, the rider would have to take Route 6 to Walmart and transfer to Route 9 for front door service to Aurora. He stated under the proposed route changes, riders would take Route 5 from downtown; the Route 5 bus would turn into Route 7on Westowne Avenue resulting in no transferring between buses. Council Member Herman asked how riders would be notified of the route changes. Mr. Collins explained that drivers would have maps available of the routes. He stated that the changes would also be posted on Facebook, buses, the Transit Center, the City’s website and all other areas that typically post City information. He stated he was happy with the bus user turnout at the last Transit Advisory Board Meeting. Council Member Cummings asked at which entrance buses would stop at Aurora Medical Center. Mr. Collins stated buses would stop in the circle of the main entrance which was on the east end of Aurora Medical Center. Mr. Collins stated two other advantages of the route change were that the same bus would not serve both hospitals which would provide more access for riders using mobility devices; 2 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST and buses would not have to travel through the Town of Algoma, a dead zone, while serving the City of Oshkosh. Council Member Panske asked if it was possible to move the Pick and Save shelter to a different location. Mr. Collins stated he was working with Pick and Save to put a shelter on Jackson Street however there was an issue with Jackson Street being a state highway which created right of way challenges. CSC ITIZEN TATEMENTS TO OUNCIL Charles Hodge, 202 Oxford Avenue, felt the City should use a single hub bus route transit system rather than the present radial hub route transit system. Bob Cornell, 548 W. Smith Avenue, stated he attended the budget workshop held the night before. He also reminded the public of the Fall Family Funfest, a fundraising event for the th Senior Center that would be held on September 7. Patricia Diener, 1316 Broad Street, was concerned about the upkeep and people crossing the railroad tracks in her neighborhood. CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt of Claim filed with the City’s Insurance Company: A) Bergstrom Auto for alleged damages to one of their vehicles from a paint truck B) Tina Peck for alleged damages to her vehicle from metal pieces left from bridge repair C) Donnal Swift for alleged damages from hitting a manhole cover Resolution 14-356 Approve Accepting Storm Sewer Easement; Approve Agreement / Easement with UW-Oshkosh for Cross Access (Plan Commission Recommends Approval) th Resolution 14-357 Approve Accepting Easement at 240/250 and 257 West 9Avenue (Plan Commission Recommends Approval) Resolution 14-358 Approve Accepting Easement at 731 West South Park Avenue (Plan Commission Recommends Approval) Resolution 14-359 Award Bid for Primary Clarifier Pumps Replacement for Wastewater Treatment Facility to Boerger LLC ($55,720.00) Resolution 14-360 Award Bid for Flooring Replacement for Safety Building to HJ Martin and Sons Inc. ($52,493.00) 3 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST Council Member Panske requested that Resolution 14-360 be removed from the Consent Agenda for separate consideration as she would not support it. She felt the condition of the current flooring at the Safety Building was sufficient and that it would be financially irresponsible to have it replaced. Resolution 14-361 Approval of Amendment to Agreement for Engineering Services with AECOM Technical Services, Inc. for the Design of Stormwater Detention Basins in the Campbell Creek Watershed in the Amount of $62,698.00 Council Member Fitzgerald felt the Council had been asked to approve numerous amendments to agreements made with AECOM and asked for an explanation. Ms. Lorenson explained for the agreement with AECOM for the design of stormwater detention basins in the Campbell Creek Watershed, an amendment was needed due to unanticipated issues that were raised by the Department of Natural Resources and the Army Corps of Engineers in order to obtain permits. Resolution 14-362 Approval of Initial Resolution for Special Assessments for Various Water Main Extensions (Contract No. 14-08) th Resolution 14-363 Approval of 2014 Program for New Sidewalk on West 20 Avenue and West South Park Avenue Shawn Goel was a member of American Investments, LLC which owned a gas station at 1585 W. South Park Avenue, located on the southeast corner of the intersection of West th South Park Avenue and West 20 Avenue (State Highway 44). He felt the proposed sidewalk would be too close to the gas pumps and believed it was not necessary for a sidewalk to be located on that side of the road as the sidewalk would not extend to any other businesses. Mr. Patek explained that the City made an agreement with the Department of Transportation th (DOT) to take over jurisdiction of State Highway 44 from W. 20 Avenue up to the Highway 41 ramp. He stated as the part of the process to change the jurisdiction, the DOT had agreed to upgrade the traffic signals. He explained by installing the handicap ramps now the DOT would install pedestrian signals with the new traffic signals and that future sidewalk projects would connect to these intersections. He stated it was also the intention of the project to allow people access around the entire intersection of W. South Park Avenue and th W. 20 Avenue. Mr. Goel asked where the people accessing the intersection would be walking to, since the sidewalk would not extend past his business along W. 20th Avenue or W. South Park Avenue. Mr. Patek indicated that the in the area Mr. Goel was referring to, the sidewalks would be th extended along W. 20 Avenue and W. South Park Avenue in the near future. 4 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST Mr. Rohloff explained that future sidewalks were already slated to be completed in that area. He stated since the DOT was transferring jurisdiction for that portion of State Highway 44, the City would save money by the City completing a portion of the sidewalk and handicap ramps now, having the DOT upgrade the traffic signals and pedestrian signals, and then completing the extension of the sidewalks at a later date. Resolution 14-364 Approval of Agreement for Engineering Services with CH2M HILL Engineers, Inc. for Preliminary Design of the Water Filtration Plant Clearwells in the amount of $141,370.00 th Resolution 14-365 Approve Agreement with Chamco to Acquire Property at 43 East 7 Avenue (RDA Recommends Approval) Elizabeth Hartman, CEO of Chamco, 43 E. 7th Avenue, explained that Chamco agreed to th be the purchaser of the property at 43 E. 7 Avenue and be the interim owner for the next three years until the City of Oshkosh was more ready to prepare the property for redevelopment. She stated that Chamco would lease the property back to the seller until the City bought the property in August of 2017. Council Member Fitzgerald asked if the lease of the building would be solely between the seller and Chamco; the City would not be involved. Ms. Hartman stated the lease of the building would be solely between the seller and Chamco. Council Member Fitzgerald asked if the current renter might want to extend the lease when it came due in three years. Ms. Hartman stated at this point the lease was structured for three years. She stated it was possible the renter may want to extent the lease at the end of three years if the renter was in a better financial position. th Dick Oday, 715 Hazel Street, wanted to know how much the property at 43 W. 7 Avenue was being sold for, how the appraisals of the property related to the assessed value, and what would happen to the property if the City did not purchase it in August, 2017. Council Member Herman stated the asking price of the property was $780,000.00. He stated the reason the City was interested in working with Chamco in purchasing the property was that the long term fiscal impact would be to ensure the redevelopment of the manufacturing property into future commercial and/or residential property in conformance with the Southshore Redevelopment Plan. Mr. Oday did not feel the City should use tax payer money to purchase real estate. He asked what the property was assessed at. Mr. Rohloff stated the property was assessed for $750,700.00; $180,400 for the land and $570,700.00 for the improvement for a total of $750,700.00. 5 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST th Mr. Oday felt that the agreement with Chamco to acquire the property at 43 East 7 Avenue should not have been placed under the Consent Agenda portion of the agenda. Mr. Rohloff stated he agreed that Resolution 14-365 should not have been placed in the Consent Agenda and apologized for not catching it; explaining he was out of the office when the agenda was finalized. Council Member Herman asked what the City envisioned for the development of the Southshore area and what the timeline was. Allen Davis, Director of Community Development, stated the City had adopted a plan to redevelop the Southshore with a mixed use of commercial and residential properties. He stated the City envisioned a larger development, not individual pieces, and expected that roads would be relocated or vacated to make a larger, more buildable parcel. He stated the intention was to extend the riverwalk down Pioneer Drive, once it was relocated. He stated he could not give a timeline for when the area would be redeveloped as there was not yet a specific developer. th Council Member Fitzgerald asked if the goal of the City was to sell the property at 43 E. 7 Avenue to a private developer for a higher value. th Mr. Davis stated it was the City’s intention to sell the property at 43 E. 7 Avenue at a higher value in comparison with the post development value of the Marion Road redevelopment area which, to date, was $2 million per acre. Council Member Pech requested that Resolution 14-365 be removed from the Consent Agenda for separate consideration. Resolution 14-366 Approval of Special Event – Oshkosh Ambassadors Senior Softball Tournament to utilize Menominee Park for their Badgers Classic Senior Softball Tournament / August 14, 15, 16 & 17, 2014 Resolution 14-367 Approval of Block Party Request / Evans Street between East Irving Avenue and East Lincoln Avenue / August 16, 2014 Resolution 14-368 Approve Appointments for BID Board & Board of Appeals Council Member Panske requested that Resolution 14-368 be removed from the Consent Agenda for separate consideration as she was related to one of the appointees. e Resolution 14-369 Disallowancof Claim by Vickie Schwerin Resolution 14-370 Disallowance of Claim by Harry Van Damme Resolution 14-371 Approve Special Class “B” Licenses, Operator Licenses and Taxi-Cab Driver License 6 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 14-360, 14-365 AND 14-368 (Panske; second, Fitzgerald) CARRIED: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Resolution 14-360 Award Bid for Flooring Replacement for Safety Building to HJ Martin and Sons Inc. ($52,493.00) MOTION: ADOPT (Cummings; second, Herman) ADOPT: Ayes (5) Pech, Herman, Fitzgerald, Cummings, Deputy Mayor Allison- Aasby Noes (1) Panske Council Member Herman felt the new carpeting would save on maintenance costs and that the City should maintain its facilities. Council Member Cummings stated the flooring replacement also included tile which had a longer life and would reduce future maintenance. Council Member Panske did not support the resolution. She stated the City had a tight budget and did not feel the flooring in the Safety Building was worn enough to warrant replacement. th Resolution 14-365 Approve Agreement with Chamco to Acquire Property at 43 East 7 Avenue (RDA Recommends Approval) MOTION: ADOPT (Cummings; second, Pech) ADOPT: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Council Member Pech stated he was satisfied with the previous discussion on Resolution 14-365, however he felt the Council should vote on the resolution separately from the Consent Agenda based on earlier comments. Council Member Herman supported the purchase of the property as it fell within the strategic plan for redevelopment of the Southshore area. Resolution 14-368 Approve Appointments for BID Board & Board of Appeals MOTON: ADOPT (Pech; second, Cummings) ADOPT: Ayes (5) Pech, Herman, Fitzgerald, Cummings, Deputy Mayor Allison- Aasby Present (1) Panske ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-372 Approve Request to Annex to the City / Boschwitz I Annexation (Plan Commission Recommends Approval) 7 FIRST READING; LAID OVER UNDER THE RULES PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST Ordinance 14-373 Repeal and Recreate a Portion of the Storm Water Management Ordinance / Section 14-1 Definitions FIRST READING; LAID OVER UNDER THE RULES Resolution 14-374 Approve Developer Agreement with Perfecseal (TIF 27) MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (5) Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Council Member Pech removed himself from the dais during the discussion and voting of Resolution 14-374 due to him being an employee of the applicant. Council Member Herman asked what the benefit to the City was in having a developer agreement. Mr. Davis explained that the developer agreement implemented a major piece of the TIF which was the Paygo assistance to Bemis Healthcare Packaging. He stated the developer agreement ensured that the developer performed what they promised in their application. He stated Bemis Healthcare Packaging would have to report to the City information on construction, job retention, expansion and wages prior to the City disbursing any Paygo payments from the TIF. Elizabeth Hartman, CEO of Chamco, 43 E. 7th Avenue, spoke in support of the resolution. She stated the resolution would allow the City to capture growth of a very important Oshkosh employer who was making significant capital investments in the community along with adding to its employment base. She noted Bemis Healthcare Packaging had facilities around the world and could have chosen one of those in which to expand. Council Member Panske asked who would pay for the audit to verify the employment levels of Bemis Healthcare Packaging. Ms. Lorenson explained there was a provision in Tax Incremental Financing, that certain expenses incurred by the City to implement the TIF were paid by the TIF. Council Member Fitzgerald felt the developer agreement was a defined mechanism for helping the applicant as well as a guaranty to the City to provide recourse if conditions were not met. NOTE: Council Member Pech returned to the dais at 7:09 p.m. 8 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST Resolution 14-375 Approve Settlement Agreement and Release of Claims - Eugene E. Rusch Jr, William T. Friday & Tracy Gunderson – Pertaining to a Promissory Note Executed by the RDA for Property Located at 362 Michigan Street (Former Boatworks Property) and Authorize Transfer of TIF Funds for Purposes of the Same (RDA Recommends Approval) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Pech, Herman, Panske, Fitzgerald, Cummings, Deputy Mayor Allison-Aasby Council Member Herman asked for an explanation of the resolution. Ms. Lorenson explained the Boatworks Property was obtained by the City in 2005 through a combination of a gift ($375,000) and a sale ($225,000) to the City of Oshkosh. She stated the purchase portion of the transaction was in the form of a $225,000 promissory note to be paid upon sale of the property or if the City developed the parcel on its own. Since the City had cleared buildings on the property and the riverwalk was being constructed on a portion of the property, the beneficiaries of the promissory note, through their attorney, requested that the City pay the promissory note. She stated although the improvements made to the property could be debated as “development”, City staff found a way to finance payment of the promissory note through a transfer of TIF money. She stated that $225,000 from TIF #7 would be donated to TIF #20 and that once the property was sold the $225,000 would be returned to TIF #20. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS Council Member Pech reported that GOEDC had approved their strategic plan and that the public/private partnership for economic development envisioned two years ago was close to being up and running. He asked for Council input as to whether a workshop was needed for updates on economic development through GOEDC. Council Member Herman felt it was important that the Council was kept apprised of the developments and successes of GOEDC. Council Member Pech reported that D’Shannon Aviation, an airplane parts manufacturer, opened a business in the old Basler facility which brought ten new jobs to the community. Mr. Rohloff stated that a member of City staff was integral in bringing D’Shannon Aviation to the City of Oshkosh. He stated that the airplane parts manufacturer had an interest in becoming the first tenant of the aviation industrial park. He reported the ground breaking th ceremony for the aviation industrial park would be on September 4. Council Member Pech felt the airport was important to the community as there were businesses with high paying jobs on the site. Allen Davis, Director of Community Development, stated that the University of Wisconsin Oshkosh was starting an accelerator program beginning in the fall of 2014 and continuing 9 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST through EAA which would tie into economic development in the City. He stated a presentation of the program would be made to Council at a future meeting. CMA&S OUNCIL EMBER NNOUNCEMENT TATEMENTS Council Member Pech stated that he and several other council members attended various neighborhood block parties associated with the National Night Out. He stated while there were a few negative comments, citizens were mostly positive about what was happening in the City of Oshkosh and that they were passionate about their neighborhoods and enhancing their property values. He commended City staff for their efforts in implementing neighborhood associations. Council Member Herman stated he also attended several of the neighborhood block parties associated with the National Night Out. He felt that citizens were embracing the idea of neighborhood associations. Deputy Mayor Allison-Aasby echoed the sentiments of Council Members Pech and Herman. She stated the Oshkosh Fire Department and Police Department did a great job with the children at the events she attended. CSC ITIZEN TATEMENTS TO OUNCIL Gary Gray, 815 W. Linwood Avenue, encouraged council members and the public to attend th the last Riverfront Visioning Workshop to be held at the Senior Center on August 20. Council Member Panske stated she attended the Riverfront Visioning Workshop at Becket’s Restaurant that morning along with her son and encouraged the public to bring their children to the workshop as the decisions would affect their future. Council Member Herman stated both he and Council Member Cummings attended the Riverfront Visioning Workshop held at Becket’s Restaurant. Dick Oday, 715 Hazel Street, felt the City should not invest in the riverfront and should use the money to repair streets and to fix up older neighborhoods. Patricia Diener, 1316 Broad Street, felt that the Oshkosh Central Credit Union should th remain on W. 20 Avenue once it merged with Community First Credit Union rather than be relocated to the branch located on W. South Park Avenue. Council Member Herman clarified that the Oshkosh Central Credit Union was a private organization, not a City entity. Bob Cornell, 548 W. Smith Avenue, suggested during the budget workshops televised on OCMS, that the hard copy of the budget items being discussed be placed on the overhead projector for viewers to see and follow along. Deputy Mayor Allison-Aasby reminded citizens who spoke during Citizens Statements to Council to be mindful of their words and not use colorful language to get their point across. 10 PCC–A13,2014 ROCEEDINGS OF THE OMMON OUNCIL UGUST CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff explained that an emergency repair was made to the Wastewater Treatment Plant generator which was why the repair was not brought before Council for approval. He stated an engineering services agreement was made with CH2M Hill for the design of a zebra mussel control system for the intake structure at the Water Filtration Plant. Council Member Cummings asked if the DNR mandated the City to control the zebra mussels. Stephen Brand, Superintendent of Utilities, stated the Water Filtration Plant had a zebra mussel control system installed with the intakes installed in 2002. He stated the new design was essentially a maintenance repair item for the current zebra mussel control system. Council Member Herman asked how serious the zebra mussel problem was in Lake Winnebago and if the zebra musels could overtake the water filtration system. Mr. Brand stated the zebra mussels could not overtake the water filtration system due to the treatment of water with chemicals. He stated from what he had heard from users of Lake Winnebago, they were not seeing as many zebra mussels in the lake as they hac in the past. He explained that zebra mussels provided additional water clarity which constituted more plant growth in Lake Winnebago. Consequently, along with more plant growth came huge releases of phosphorous which occurred naturally (not from farmland runoff or wastewater treatment). He stated the controls at the Water Filtration Plant worked well and felt the City did not have an issue with zebra mussels. Council Member Herman asked if the City should be concerned about algae blooms in Lake Winnebago referring to a recent outbreak of algae blooms in Lake Erie which caused hazards to the drinking water for a city in Ohio. Mr. Brand stated that the City had the most effective water treatment process, using Ozone Therapy and Granular Activated Carbon to rid bacteria and toxins from the water supply. th Deputy Mayer Allison-Aasby acknowledged that August 4 was the six year anniversary of Mark Rohloff being the City Manager for the City of Oshkosh. A DJOURN MOTION: ADJOURN (Cummings; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:41 p.m. PAMELA R. UBRIG CITY CLERK 11