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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN O28,2014 CTOBER REGULAR MEETING held Tuesday, October 28, 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 Eli Kettner and Charlie Van Derhei from Lourdes Academy Cabrini School PH UBLIC EARINGS Ordinance 14-466 Approve Amendment to Zoning Ordinance to Create Section 30-51 Establishing a Shoreland Overlay District (Plan Commission Recommends Approval) MOTION: SUSPEND RULES FOR CONSIDERATION (Cummings; second, Herman) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Council Member Cummings made a motion to waive the rules citing that the ordinance had been approved by the Plan Commission and there were citizens who were ready to begin building homes. Council Member Herman supported suspending the rules. He stated he thought the ordinance was well thought out and approving the ordinance after one reading would allow citizens to begin construction or remodeling projects in 2014. 1 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution 14-467 Approval of Final Resolution Authorizing Reassesments of Tax Parcel 15-1898-1000 Pursuant to Section 66.0703(10) Wisconsin Statutes, by Exercising Special Assessment Police Powers Under Section 66.0703(1)(B) Wisconsin Statutes, for the Jackson-Murdock Intersection Reconstruction Project MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower CSC ITIZEN TATEMENTS TO OUNCIL Daniel Lynch, 310 S. Eagle Street, was a member of the Candlelight Debating Club, which would be debating the issue of whether or not the City of Oshkosh should establish a wheel tax to pay for street repair and maintenance. He solicited volunteers to speak about issue. He also stated for the first time since 1992 students were no longer smoking on the corner of Hawk Street and Porter Avenue. CA ONSENT GENDA Approval of Bills presented by the Finance Director Approval of Cash Report for September 2014 Resolution 14-468 Approve Planned Development to Construct Office/Retail Building at Westowne Avenue and North Washburn Street (Plan Commission Recommends Approval) Council Member Herman asked what businesses would be located in Resolutions 14-468 and 14-469. Allen Davis, Director of Community Development, stated the projects were commercial in nature and although he was not at liberty to say what businesses would be going into the locations, a two unit strip mall would be constructed in the front area of Lowe’s. He stated the project in Resolution 14-469 would be a Taco John’s. Resolution 14-469 Approve Conditional Use Permit and Land Use Review for Property Located at 2340-2350 State Road 44 (Plan Commission Recommends Approval) Council Member Herman asked if the Taco John’s would be located in the Universal Business Park. Mr. Davis stated the owner of the property also owned the commercial office buildings beside the Taco John’s and the parcel directly East. 2 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution 14-470 Award Bid for Public Works Contract No. 14-27 to Norcon Corporation for Water Filtration Plant Sedimentation Basin Concrete Repairs ($297,959.00) Resolution 14-471 Award Bid for Public Works Contract No. 14-28 to August Winter and Sons, Inc. for Water Filtration Plant Piping Repairs ($114,565.00) Resolution 14-472 Approval of Change Order for Public Works Contract with American Fence Company for Fencing and Installation for the Public Works Field Operations Facility (+$4,745.00) Council Member Panske asked for an explanation for the change order. Mr. Patek explained the reason for the change order increase was due to the height of the fence being seven feet instead of 6 feet. Resolution 14-473 Approval of Amendment to Engineering Services Agreement with Mi- Tech Services, Inc. for Sanitary Sewer Lateral Televising in the Amount of $5,217.02 Resolution 14-474 Approval of Agreement for Engineering Services with CH2M Hill Engineers, Inc. for Design and Bidding Services for the Marion Road Water Tower Replacement in the Amount of $183,150.00 Council Member Panske stated that she was part of an art council in the City who were aiding in the design of the new Marion Road Water Tower. Resolution 14-475 Approve Disposition/Sale of Surplus Property to PIE Investments, LLC; 114 East Irving Avenue in the amount of $40,000.00 Resolution14-476 Resolution Providing for the Issuance and Sale of $5,980,000 Aggregate Principal Amount of Sewer System Revenue Bonds, Series 2014D, of the City of Oshkosh, Winnebago County, Wisconsin, Providing Details, Prescribing the Form of Bond, Awarding Said Revenue Bonds to the Best Bidder and Providing for the Payment of Said Revenue Bonds and Other Details and Covenants with Respect Thereto Council Member Pech asked why the amounts of the bonds in Resolutions 14-476 and 14- 477 were lower than amounts previously listed on the agenda. Mike Harrigan of Ehlers and Associates explained the reason the bond sale amounts were lower than previously published was due to the interest rates dropping and the bonds being bid at a premium. 3 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution14-477 Resolution Providing for the Issuance and Sale of $3,795,000 Aggregate Principal Amount of Water System Revenue Bonds, Series 2014E, of the City of Oshkosh, Winnebago County, Wisconsin, Providing Details, Prescribing the Form of Bond, Awarding Said Revenue Bonds to the Best Bidder and Providing for the Payment of Said Revenue Bonds and Other Details and Covenants with Respect Thereto Resolution 14-478 Approval of Special Event - ARC Restoration and Contracting - Elite Auto Group to utilize city streets for their Gus Macker Basketball Tournament / August 14, 15 & 16, 2015 Resolution 14-479 Disallowance of Claim by Lori Lex Resolution 14-480 Disallowance of Claim by Jennifer Dunham Resolution 14-481 Approve Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-482 Approve Request to Attach to the City from Town of Nekimi / Rhyner Voluntary Attachment; 3826 County Road N (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Panske) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Ordinance 14-483 Amend Ordinances Pertaining to Municipal Parking Lots FIRST READING; LAID OVER UNDER THE RULES Resolution 14-484 Approve Agreement with GO-EDC for Economic Development Marketing Funds ($25,000) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (6) Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor Tower Present (1) Fitzgerald Allen Davis, Director of Community Development, explained that GOEDC had undertaken a marketing program to develop a marketing brand and website. He stated funds were set aside in 2013 for economic development marketing in 2014 which would be used for this program. 4 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Pech supported the funding for the market program for the long awaited public/private economic development partnership. Council Member Allison-Aasby asked if the original criteria for the funds had been met. Mr. Davis stated the criteria for the original use of the funds had not been met, therefore it was determined to use those funds for the GOEDC Economic Development Marketing program. Council Member Fitzgerald stated he would be voting present on the resolution as he was a member of the marketing committee for GOEDC. Resolution 14-485 Approve Revised Intergovernmental Agreement with East Central Wisconsin Regional Planning Commission for Department of Defense Office of Economic Adjustment Grant Funds for Regional Aviation / Aerospace Business Cluster and Aviation Business Park Development MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Mayor Tower asked for an overview of resolutions 14-485, 14-486, 14-487, and 14-488. Allen Davis, Director of Community Development, explained that the Department of Defense Office of Economic Adjustment (DoDOEA) had identified the Oshkosh region as a region affected by a reduction in Department of Defense purchasing which resulted in layoffs. He stated the Department of Defense had provided the East Central Wisconsin Regional Planning Commission (ECWRPC) with funds to help diversify the economy and develop projects that could address the economic issues caused by the decrease in defense spending. He stated the DoDOEA selected six projects that they thought best addressed the reduction of DoD related employment. One of projects proposed was the next step in the development of an Aerospace/Aviation cluster identified in the Targeted Industry Study. He noted that City staff worked with Chamco and other economic development partners on the development of the Oshkosh Aviation Park. He stated since that time, the DoD added additional funding to include Outagamie and Fond du Lac County Airports to the Aerospace/Aviation cluster study. He stated the DoD required matching funds from the Outagamie and Fond du Lac County airports for the aviation study that would fund staff time from the City. He summarized by stating the DoD granted money to the ECWRPC, who is passing the funds to the City of Oshkosh (Resolution 14-485); Resolutions 14-486 and 14- 487 were agreements with the two other airports to fund their part of the expansion; and Resolution 14-488 was the agreement with Explorer Solutions to expand the scope of services to include the two additional airports. Council Member Cummings asked if the resolutions could be voted on as a group instead of individually. 5 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Ms. Lorenson stated it was possible to vote on the resolutions as a group however it would be easier for the City Clerk if the Council voted on the resolutions separately as that was how they were listed on the agenda. Council Member Herman asked what an aerospace business cluster was. Katherine Ahlquist, from the East Central Wisconsin Regional Planning Commission (ECWRPC), explained that ECWRPC was managing the six projects associated with the Department of Defense Office of Economic Adjustment grant. She stated the aviation cluster study was one of the projects and included niches and services ties to the aviation industry. Resolution 14-486 Approve Intergovernmental Agreement with Fond du Lac County Regional Airport to Undertake a Regional Aviation/Aerospace Business Cluster Development; Accept Contribution MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Resolution 14-487 Approve Intergovernmental Agreement with Outagamie County Regional Airport to Undertake a Regional Aviation/Aerospace Business Cluster Development; Accept Contribution MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Council Member Fitzgerald stated he had the opportunity to talk with the administration for the Outagamie County Airport and was told they were excited to be included in the grant. Resolution 14-488 Approve Amendment to Professional Service Agreement with Explorer Solutions Inc. to Undertake Aerospace Cluster Study for Aviation Business Park ($60,000) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower Resolution 14-489 Approve Professional Service Agreement with Elizabeth Hartman to use Department of Defense Grant Funds to create a Development Manual, Restrictive Covenants and Lease Purchase Agreement Relating to Aviation Business Park Development ($30,000) MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower 6 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Herman asked if Chamco was involved in the agreement to create a development manual, restrictive covenants, and a lease purchase agreement relating to the aviation business park development. Allen Davis, Director of Community Development, stated the Elizabeth Hartman was not working under the auspice of Chamco to create a development manual, restrictive covenants, and a lease purchase agreement relating to the aviation business park development. He stated the City hired Ms. Hartman as a contractor. Mayor Tower stated that Chamco would be in existence until 2016 but in a limited capacity. Council Member Herman asked if there would be a conflict of interest if Ms. Hartman was hired as a contractor. Ms. Lorenson stated she had met with Ms. Hartman to determine if there was a conflict of interest. She stated if Ms. Hartman came across something she felt was a conflict of interest, Ms. Hartman would notify the proper parties. Resolution 14-490 Approve 2015 Business Improvement District Operating Plan and Budget MOTION: LAYOVER TO NOVEMBER 11, 2014 COUNCIL MEETING (Pech; second, Cummings) CARRIED: Ayes (5) Cummings, Pech, Herman, Allison-Aasby, Panske Noes (1) Fitzgerald Present (1) Mayor Tower David Sparr, 103 High Avenue, Chairman of the Business Improvement District (BID), gave an overview of the BID budget. Council Member Fitzgerald asked why the beautification budget had increased. Cassie Daniels, 120 Jackson Street, from the Business Improvement District stated the only area maintained by City staff in the BID was Opera House Square. The BID was responsible for the landscaping upkeep for one hundred and four flower pots. She stated the BID hired a contractor to pick up trash two to three times a week and to maintain the green space areas in the parking lots and other areas in the BID. Council Member Herman asked if the BID budget was more of a maintenance budget rather than an operational budget. Mr. Sparr stated the BID budget was both a maintenance budge and an operational budget. He stated that money was budgeted for a member of the BID staff to call on other cities to promote bringing new businesses to downtown Oshkosh. He stated the beautification budget made up 38% of the BID budget. Council Member Herman asked for and explanation for the $15,000.00 for parking permits. He wanted to know if the downtown businesses purchased the permits from the BID or if the 7 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER parking permits were distributed among BID members. Mr. Sparr stated in the past the BID had purchased 500 parking permits from the City for $1.35 each and resold them to downtown businesses for $.75 each. He stated the proposed budget allotted to increase the amount of parking permits purchased by the BID with the intent to sell them to downtown businesses and a substantial reduction in order for those businesses to be able to give them to their customers who wished to park for more than two hours. Council Member Herman asked what businesses the BID was able to recruit to downtown Oshkosh. Ms. Daniels stated the BID began its recruitment and retention program in 2013. She stated she had visited other city’s downtown areas and put together a wish list of what businesses the BID would like to see come to Oshkosh. Council Member Herman asked for the BID Board to submit its wish list of potential businesses it was targeting for the downtown area. Ms. Daniels stated the BID had seven specific retail spaces available in the BID area. She stated following the idea of 2010-2011 Façade Program, in 2014 the BID added a retention grant program for existing businesses. Council Member Herman asked if the BID Board had discussed the possibility of expanding the BID. Ms. Daniels stated the BID Board and the City staff liaison had discussions regarding the BID however it would require changes to the ordinance. She stated there had not been an interest in joining the BID from other downtown businesses. Council Member Herman asked if the BID Board had a marketing plan for recruiting businesses to the downtown area. Ms. Daniels stated the BID Board had created a package that pertained to their wish list of potential businesses. She stated the BID Board also had made stronger connections with the owners of the available buildings on what types of tenants they wanted for their properties. She stated that the BID also had an advertising campaign in place which they did not have previously. Council Member Allison-Aasby asked if the BID had planned any fundraisers or had partnered with other groups such as the Oshkosh Foundation or had put together a strategic plan for what direction the BID was heading. Ms. Daniels stated the BID did not currently have a strategic plan for the future, however the BID had partnered with the Oshkosh Foundation in the past for beautification projects. She also stated the BID had partnered with the Convention and Visitors Bureau on past projects. 8 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Fitzgerald stated in 2013 the East Central Wisconsin Regional Planning Commission along with the University of Wisconsin Extension had completed a workshop with some of the south side business owners regarding creating a business improvement district or joining the current business improvement district and there was no interest on their part. He also stated that he felt having only seven vacant retail spaces in the downtown area was a measurement of progress for the BID. Council Member Cummings felt the BID should market the downtown area from a historical standpoint. Council Member Allison-Aasby felt that not all BID Board members and BID members were on the same page when it came to the BID budget. Mr. Sparr stated there had been some spirited discussions between the BID Board regarding the budget. He stated the BID had members owned different types of businesses; general offices, retail businesses and bars and restaurants. He stated owners from each type had a different vision of the BID should be run. He pointed out that the BID budget was not supported by City tax dollars although City tax dollars were used for improvements. He stated the funding for the BID budget came from the businesses who were members of the BID. Mayor Tower asked what the BID would do with the money generated from the selling of the parking permits. Mr. Sparr stated it had not yet been determined if the BID Board would give the parking permits to the BID businesses or if the BID Board would sell the parking permits to the BID businesses at a substantially reduced rate. He stated if the BID Board decided to sell the parking permits to BID businesses at a reduced rate, the income would go into the reserve fund to be used the following year. Mayor Tower stated he would be voting present on the resolution as he had family members who owned property in the BID. Council Member Panske stated she would be voting present on the resolution as she had a family member on the BID Board. Council Member Pech made a motion to lay the resolution over until the November 11, 2014 Council Meeting to allow the Council more time to review the BID budget. Council Member Allison-Aasby felt the Council should review the City budget prior to voting on the BID Budget. Mr. Rohloff supported laying over the resolution as he was concerned about the financial stability of the parking utility. Council Member Herman stated he supported the BID however he was frustrated because he felt there was no communication between the Council and the BID. 9 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Cummings stated he would be happy to discuss with the BID, the Landmarks Commission, and the Planning Services Department the value of marketing the historical aspect of downtown Oshkosh. Mr. Sparr stated for many years the BID Board had a Council Member as a liaison. He stated the BID would be open to having a Council Member on the Board as well as holding workshops to inform the Council on BID happenings. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS Mr. Rohloff reported that GOEDC was in the process of narrowing down candidates for the Executive Director position and a firm would be hired to assist in the marketing effort of GOEDC. He also stated the fundraising initiative would be begin soon. Mayor Tower requested an overview of the progress of GOEDC be distributed to council members. thth Budget workshops would be held on October 29 & 30. th A CIP workshop would be held on November 5. Sex Offender Workshop would be held at a later date. Council Member Cummings felt it was important for citizens to know state and federal mandates affected the budget process. Mr. Rohloff explained that the State reimbursed the City for police and fire services to state owned institutions. He stated that the City used to be reimbursed 100% for these services but the program had been cut continuously over the years which meant the local tax payers were footing the bill to offset the police and fire services to the state owned buildings. Council Member Pech asked what the effect of the cuts to the payment for municipal services program would have on the 2015 budget. Mr. Rohloff indicated the effect of the cuts to the payment for municipal services program on the 2015 budget would be a loss of $80,000.00. Council Member Allison-Aasby CSC ITIZEN TATEMENTS TO OUNCIL Lee Williams, 331 Broad Street, asked what was happening with the former Pioneer Inn Property. Ms. Lorenson stated the City was currently in litigation with the owners of the former Pioneer Inn Property. 10 PCC–O28,2014 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Mr. Williams asked if a detention pond would be added to the southwest side of the new Field Operations building. Mr. Patek stated on the west side of the Field Operations building there was an underground storm water utility system. He stated the front area of the building had a bio filter that would be dry and planted with vegetation. Gary Gray, 815 W. Linwood Avenue, felt that variances in the budget should be the responsibility of City staff and not the Council. He also expressed his thoughts regarding the Percentage of Key Performance Indexes. CMA&S ITY ANAGER NNOUNCEMENT TATEMENTS Mr. Rohloff stated he had nothing to report. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER, AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Allison-Aasby; second, Cummings) CARRIED: Ayes (7) Cummings, Pech, Herman, Allison-Aasby, Panske, Fitzgerald, Mayor Tower MOTION: ADJOURN (Pech; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:44 p.m. PAMELA R. UBRIG CITY CLERK 11