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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
M10,2016
AY
REGULAR MEETING held Tuesday, May 10, 2016, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, Steven
Herman, Deb Allison-Aasby, Caroline Panske, and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney; and James Rabe, Director of Public Works
Council Member Stepanek read the Invocation.
The Pledge of Allegiance was led by Nora Flanigan and Brynn McCartney from Merrill
Elementary School, and Paige Wilson and Emily Leverance from Merrill Middle School.
P
UBLIC HEARING
Resolution 16-221 Approve Final Resolution for Special Assessments for Storm Sewer
Laterals / Various Locations
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-222 Approve Final Resolution Vacating Portion of Northwestern Avenue
East of Madison Street (Plan Commission Recommends Approval)
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
CSC
ITIZEN TATEMENTS TO OUNCIL
Gary Gray, 815 W. Linwood Avenue, stated that the Council previously approved a policy
of recognizing neighborhood associations, the Agenda had two neighborhood issues being
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addressed. He recommended a proclamation to recognize all neighborhoods in the City
because they are important to the City’s overall well-being. He stated this would not cost
much money but would show a commitment by the Council.
Steve Barney, 1335 Summit Avenue, stated he was looking for the meeting minutes from the
Long Range Finance Committee on the City’s website, but he was only able to find meeting
agendas. Whereas other committees have both an agenda and meeting minutes.
Council Member Pech stated the Long Range Finance Committee was working with the IT
Department to get the meeting minutes onto the website. Upcoming Committee meeting
minutes were expected to be on the website, and historical meeting minutes will be on the
website as time permits. He then stated it was the intent to have all of the minutes for the
different Commissions and Boards on the City’s website.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt of Claim filed with the City’s Insurance Company
A)Phoenix Loss Control on behalf of Time Warner Cable for alleged damages to
underground cable at Bernheim Street & Montclair Place
Resolution 16-223 Approve Healthy Neighborhood Initiative Funding through TID #7
Gary Gray, 815 W. Linwood Street, questioned when the Council would discuss the impact
of closing the TIF, and what would be done with any residual funds.
Council Member Allison-Aasby stated that the topic was addressed in last year’s budget
cycle, and she anticipated the topic to be revisited with this year’s budget.
Council Member Pech stated the topic was also discussed at the prior week’s Long Range
Finance Committee meeting.
Council Member Herman asked why this was extended for a year, and what was happening
with the funds.
Allen Davis, Director of Community Development, stated TID #7 had performed very well,
and the State had given the City the option to extend TID’s for one year with the purpose of
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supporting healthy neighborhood initiatives. He explained this was with other TIFs in the
past, and residual funds were used for GO EDC.
Resolution 16-224 Approve Land Disposition of South Portions of Vacated Northwestern
Avenue to YMCA (Plan Commission Recommends Approval)
Resolution 16-225 Award Partial Bid to Michel’s Foundations Alt 2, Work Unit C; Bulk
Head Wall West of Oregon Street ($1,413,200.00)
Resolution 16-226 Authorize Submittal of Department of Natural Resources Stewardship
Grant Application for Riverwalk Improvements on Morgan District
Property, Adjacent to Oregon Street Bridge (Jeldwen West of Oregon)
The Council discussed Resolutions 16-225 and 16-226 together.
Council Member Pech asked where the funding for Resolution 16-225 would be coming
from, and for an explanation of Resolution 16-226.
Allen Davis, Director of Community Development, stated that the City received a grant last
year for the Riverwalk, east of Oregon Street, and that the work came in under budget.
Because of that the City requested from the State, and were given permission from the
DNR, to use some of the grant money to improve the Riverwalk on the west side of Oregon
Street. He explained currently only the sheetpile had been paid for with the residual funds,
so a new grant application was being submitted to finish the Riverwalk on the west side of
Oregon Street.
Council Member Pech stated that the State was kind to the City for this project.
Mr. Davis stated that the State had been generous, and had assisted with projects and
economic development.
Resolution 16-227 Award Bid to Jefferson Fire & Safety Inc. for three (3) Ambulances for
Fire Department ($583,350.00)
Council Member Herman asked for an explanation regarding the fact that traditionally the
City had taken the lowest bid; however, the lowest bid did not meet the necessary
requirements.
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Tim Franz, Fire Chief, stated that specs were developed through a committee to set
requirements and features necessary for the ambulances. He explained bidders were given
an opportunity to make equivalent substitutions where appropriate. He stated the lowest
bid did not meet some of the critical components for the ambulances.
Chuck Hable, Fire Battalion Chief, stated the lowest bid did not meet the necessary
requirements for: lifetime structural warranty, grab rails, heating and ventilation, and
exhaust ventilation. The difference to the next bidder was about $9,000.00, and the Fire
Department felt that the bid that meet the requirements would allow the Fire Department to
keep the ambulance active for approximately 10 years, then use the ambulance as a
secondary or reserve ambulance. He explained in the future the Fire Department may look
at modular boxes so only the chassis would need to be replaced.
Council Member Pech applauded the Fire Department for being frugal, not cheap, when
looking at the ambulance bids.
Resolution 16-228 Approve Contract with Wisconsin Department of Agriculture, Trade &
Consumer Protection (DATCP) for Petroleum Tank Inspections
Resolution 16-229 Partial Allowance of Claim / Refund of Property Taxes for 2014 / Partial
Rescission of Property Taxes / Oshkosh Door Company for Property
Located at 2501 Universal Street
Resolution 16-230 Approve Releasing Public Utility Easements at 1000 Cumberland Trail
(Plan Commission Recommends Approval)
Resolution 16-231 Approve Granting Utility Easements & Release Storm Sewer Easement;
400 Block Marion Road (Plan Commission Recommends Approval)
Resolution 16-232 Approve Conditional Use Permit / Planned Development for a
Community Garden; East Side of the 600 Block of Grove Street (Plan
Commission Recommends Approval)
Council Member Palmeri asked if there was a maintenance agreement.
Allen Davis, Director of Community Development, stated the City was working with the
Neighborhood Association on the project.
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Ben Krumenaur, 650 Grove Street, stated that on behalf of the Neighborhood Association
they were committed to maintaining the full length of the property.
Resolution 16-233 Approve Submitting Municipal Flood Control Grant Program
Application
Resolution 16-234 Approve Amended Special Event – The Alzheimer’s Association of
Greater Wisconsin / Utilize UWO Oshkosh Kolf Center & City streets
for their Alzheimer’s Association Walk to End Alzheimer’s / September
18, 2016
Resolution 16-235 Approve Special Event - Fishing for Freedom / Utilize Rainbow Park
for their Fishing for Freedom event / May 21, 2016
Resolution 16-236 Approve Appointments for the following Boards & Commissions:
Bicycle & Pedestrian Advisory Committee
Committee on Aging
Convention & Visitors Bureau
Long Range Finance Committee
Grand Opera House Board
Housing Authority,
Landmarks Commission
Parking Utility Commission
Parks Advisory Board
Plan Commission
Police & Fire Commission,
Redevelopment Authority
Sustainability Advisory Board
Traffic Review Advisory Board
Transit Advisory Board
Resolution 16-237 Approve Special Class “B” Licenses, Transfers of Combination “Class
B” License, Class “A” Fermented Malt License, Agent Change
Combination “Class B” License, Class “B” Fermented Malt License &
“Class C” Wine Licenses, Operator Licenses & Taxi-Cab Driver
Licenses
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MOTION: ADOPT CONSENT AGENDA (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-238 Amend, Repeal & Recreate Various Sections of the Municipal Code
Pertaining to Weights & Measures Chapter 29
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Ordinance 16-239 Designate Yield Right of Way Intersection at Wellington Avenue &
Mockingbird Way
MOTION: ADOPT (Panske; second, Stepanek)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Council Member Herman stated the Traffic Review Committee approved this request, and
by the Neighborhood Association in that area. He explained the City was working with the
Neighborhood Associations to meet their requests for action.
Ordinance 16-240 Approve Detachment of Territory; Zillges (Plan Commission
Recommends Denial; Staff Recommends Waiving Rules for Second
Reading & Recommends Denial Following First Reading)
MOTION: SUSPEND RULES (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (0)
Noes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Jim Erdman, 2492 Hickory Lane, Chair of the Town of Oshkosh Board. He stated the
petitioner went to the Town of Oshkosh Board to request a detachment of the property from
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the City of Oshkosh to the Town of Oshkosh. At the Town meeting on May 9, 2016, the
request was unanimously approved by the Town’s Board. (Mr. Erdman presented a copy of
the Town’s Resolution to the City Clerk.) He stated the City surrounds the entire area,
except the Fountain Tavern and a piece of homestead property, which was still a part of the
Town of Oshkosh. He explained the history of how the City came to develop the land, and
that there was not a formal property agreement between the City and the Town for this
section of land. He stated the property owner was misled into believing that the property
would not be assessed when the street project came in. He stated the property does not
need City services or water, and the Sheriff’s Department patrols the area. The property
owner, which was a landscaping business, wished to detach and return to the Town. He
stated that the property owner would continue to pay the same school taxes, whether they
were in the City or the Town. Given the amount that the property owner would have to
pay for the assessment there was a chance that the business would be lost. He then stated
detaching the property from the City would not impact the City’s development to the north
or west.
Tom Zillges, 3815 Shorebird Court, stated he currently pays $42,000.00 per year in taxes for
storm water runoff, and would pay $60,000.00 in taxes next year for the street improvement.
He stated since his property became part of the City, he had paid in excess of $800,000.00.
He explained the competing landscape businesses in the Town of Oshkosh pay less than
$4,000.00 in taxes, and he was not able to continue to pay a considerable tax amount while
remaining competitive in the market.
Council Member Herman stated he was appreciative of Mr. Zillges addressing his concerns,
and for annexing his property to the City. He then asked if the reason for requesting the
detachment was because of the upcoming assessment.
Mr. Zillges stated the request to detach from the City was due to the high taxes he had paid,
and he wanted to remain competitive in the market.
Council Member Pech stated he had similar concerns as Council Member Herman, due to
the property had been annexed for 25 years.
Council Member Panske asked for clarification of what would happen to the street project if
the property was detached.
Mr. Rabe stated the project would move forward, but the costs that would be assessed
would have to be absorbed.
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Council Member Panske asked if the Town would financially contribute to the project.
Mr. Erdman stated the Town would not assess for road work, it may be something that
could be done in the future if there was intense development, but the Town did not do
projects with intense sewer and water services.
Council Member Pech asked about the effects of detachment of the territory.
Allen Davis, Director of Community Development, stated the detachment proposal would
make planning for services and improvements more difficult; there would be a large parcel
of land that would not be coordinated because it was in the Town of Oshkosh.
Mayor Cummings stated he was on the Plan Commission, and the consensus was that the
detachment would be poor planning.
Council Member Allison-Aasby asked how long the improvements had been a part of the
comprehensive plan.
Mr. Rabe stated the improvements had been in the comprehensive plans for at least five to
six years to assist with sanitary sewer issues.
Mr. Rohloff, stated as the planning progressed the staff realized there needed to be
coordination with the sanitary sewer, and storm water issues in the area. He explained
there would be no assessment for the sanitary sewer, only the street.
Council Member Herman asked about the assessment for the mobile home park.
Mr. Rabe stated the assessment was based on front footage of larger parcel, and was
calculated in accordance with the assessment rate. He explained the park was assessed as a
whole, then the owners determine how to divide the cost among the park residents.
Council Member Herman asked if others were being assessed for the project, not just Mr.
Zillges’ property.
Mr. Rabe confirmed others were being assessed.
Council Member Palmeri questioned when Mr. Zillges was notified of this project.
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Mr. Rabe stated notices were sent in fall 2015.
Council Member Herman asked if there was a public hearing.
Mr. Rohloff stated CIP (Capital Improvement Program) and special assessment hearings
were held.
Mr. Zillges stated the sanitary sewer was in excess of 30 feet deep, if there was any road
settling the Public Works Department informed him would be proration.
Mr. Rohloff stated asphalt was being used for the street, which was guaranteed for 15 years,
although it may actually last longer.
Mr. Zillges asked if the street would be guaranteed for 25 years.
Mr. Rohloff reiterated the guarantee was for 15 years.
Council Member Allison-Aasby stated the Council discusses economic development, and
this business had contributed to the City’s economic development. The motivation for the
detachment request seemed to be about the assessment more than anything. She explained
that considering this request to detatch would result in poor planning. She stated she
would vote against the detachment, but wanted Mr. Zillges to understand the Council did
consider his request.
Resolution 16-241 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-242 Approve Weights & Measures Fee Schedule
MOTION: ADOPT (Allison-Aasby; second, Palmeri)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-243 Support Wisconsin Department of Transportation’s Application for
Section 5339(b) Federal Grant Program Funding for Bus Replacements
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MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Mayor Cummings asked for an explanation of the resolution.
Jim Collins, Director of Transportation, explained this supported the application for a
competitive grant for bus replacement, about $266 million available nationwide, and the WI
DOT was putting forth the application. He informed the Council that the bus fleet currently
was ten, 2003 busses, which were beyond their useful life, so this would be an opportunity
to receive funding for replacement busses. He stated the Council’s support would be
helpful when the grant application was submitted.
Council Member Palmeri questioned if the replacement busses would be diesel.
Mr. Collins confirmed that the busses would be diesel.
Council Member Pech stated that the grant would bring federal tax dollars back to the City.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Mr. Rohloff reminded Council of the Strategic Planning Workshop scheduled July 14 8:00
th
a.m. – 4:30 p.m. at the Convention Center.
Council Member Herman asked for an update on the TIFs, how many were remaining, and
the future interests.
Mr. Rohloff stated the audit was just closing out, and that information would be provided
to the Council.
Council Member Palmeri asked if the report would include the number of jobs tied to each
TIF.
Mr. Rohloff stated the number of jobs tied to each TIF was not easily answered, but those
numbers would be obtained and provided to the Council.
Council Member Pech stated job creating and job retention should be considered.
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Mayor Cummings stated Rental Housing Program Workshop on May 24 after the Council
th
Meeting would be approximately an hour and a half.
Mr. Rohloff stated a packet of information would be provided to the Council containing the
draft ordinance, and information regarding what other municipalities are were doing.
Mayor Cummings stated the packet of information was accumulated from numerous
meetings with staff, UW Oshkosh, and community stakeholders. The delay was due to
waiting for impact of state legislation.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Council Member Pech stated a rain barrel workshop would be held at the Masonic Temple,
there was an opportunity to build your own rain barrel, and community members may
receive credit for stormwater.
Mr. Rabe confirmed that community members may receive credit.
Council Member Herman stated there would be a meeting for the public to provide
information pertaining to the bike lanes on Irving Avenue on May 23, 2016 at 5:00 p.m. in
room 404 at City Hall.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff announced the recognition of the Historic Jackson Drive Neighborhood
Association. He stated if a neighborhood group had interest in becoming a neighborhood
association they should contact the City Planning Staff.
Mr. Rohloff started AECOM Technical Services, Inc had been hired to perform
environmental investigation for the Marion Road Water Tower Site. He also stated that
AECOM had been hired to provide maintenance and support to the landfills within the
City.
Mr. Rohloff stated the results of the Citizen Survey had been provided. He explained this
was completed by masters students at UW – Oshkosh. He covered the highlights that
included quality of life, quality of services, and highest quality recycling, signage, and
refuse. He stated some of the lower ranked areas may be ranked that way because of lack of
responses by citizens in those areas. The gap analysis shows the gap between the
importance of the services and the quality of the services. He then stated the areas where
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there was a large gap may be an indication of lack of citizen responses to those particular
areas.
Council Member Pech stated the lack of responses indicated the importance of getting the
City’s message into the community, and informing the community of the economic
development and revitalization.
Mr. Rohloff explained that economic development ranked high and low. He stated the
survey questions related to the comprehensive plan; one question in particular, “does the
City do enough to keep and attract young professionals,” needed to be a priority, but a solid
middle ground answer was received, which means the City had work to do. He
encouraged the Council to read the study, as it provides a good representation and
information from the community.
Council Member Palmeri asked about the small minority representation in the survey, and
how this was being addressed in the future.
Mr. Rohloff stated that issue needed to be addressed, and that had been increasingly
pointed out by the students.
Mayor Cummings stated the demographics of the community had not changed in the
history of the survey.
Council Member Pech stated the survey was available on the City’s website under the, “Hot
Topics,” link.
MOTION: ADJOURN (Allison-Aasby; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 7:33 p.m.
PAMELA R. UBRIG
CITY CLERK
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