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HomeMy WebLinkAbout03. Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 13, 2018 REGULAR MEETING held February, 13,2018,at 6:00 p.m.in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Jake Krause, Tom Pech, Jr., Lori Palmeri, Steven Herman and Mayor Steve Cummings EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Panske read the Invocation. The Pledge of Allegiance was led by Emma Leib from Oshkosh North High School. INTRODUCTION OF STAFF Allen Davis, Director of Community Development, introduced Luke Alger, City Assessor. PROCLAMATION Mayor Cummings proclaimed February 16, 2018 as Oshkosh Elk's Lodge 292 celebration day, in recognition of the order's 1501h birthday. STAFF PRESENTATION Mr. Rohloff explained the presentation was not a repeat of the workshop that had been held regarding the traffic impact analysis. Mr. Rabe presented an overview of the Oshkosh Avenue traffic impact analysis. A copy of the presentation is on file with the City Clerk's office. PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Council Member Panske questioned if a cost estimate would be completed on the two- way left turn lane (TWLTL) prior to the plan commission meeting. Mr. Rabe stated City staff would work on developing the estimate. Council Member Panske questioned when it would be complete. Steve Gohde, Assistant Director of Public Works, stated City staff should have an estimate prepared by February 20th. He explained the cost would be similar to the four lane divided option, with the only difference being a lack of curb/gutter and the streetscape items that would be included in the median section. Mr. Rohloff explained City staff did not typically provide financial estimates to the plan commission; the scope of their discussion was geared toward planning topics as budget discussion was under Council's purview. Council Member Palmeri questioned if the TWLTL was the only option that did not significantly expand the width of Oshkosh Avenue. Mr. Rabe stated to develop the five lane TWLTL between Koeller Street and Eagle Street would create significant expansion, and the three lane TWLTL between Eagle Street and the Fox River would not require right of way expansion. Council Member Palmeri stated the TWLTL was listed as 65 feet, which appeared to be smaller than the existing width. Mr. Rabe stated that was the three lane TWLTL between Eagle Street and the Fox River. He explained the 5 lane TWLTL was 81-87 feet of right of way. Council Member Palmeri questioned why the TWLTL would be only slightly less than the four lane divided. Mr. Rabe stated the four lane divided construction would only be between Koeller Street and Eagle Street, which was similar to the construction area of the five lane TWLTL. Council Member Palmeri questioned how the expansion would impact pedestrians in terms of crossings. She stated she recalled in the workshop there was discussion about the crossings being more pedestrian friendly, and questioned if pedestrians would cross half the street at a time on the divided option. 2 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Mr. Rabe explained one of the benefits of the divided option would be a refuge area in the middle of the street so if an individual was not able to fully cross, there was a safe place to wait. Council Member Palmeri questioned if it would be kept clear of snow and ice. Mr. Rabe stated yes, any ramps to the crossing would need to be kept clear. Council Member Herman questioned if the street construction that was completed last year on Oshkosh Avenue was assessed to the property owners. Mr. Rabe stated the sanitary work that was completed was not assessed; it was patchwork and utility work. Council Member Herman questioned if the City would need to obtain right of way on the north side of Oshkosh Avenue. Mr. Rabe stated yes. Council Member Herman questioned how far down Oshkosh Avenue that would be the case, and if there would be an issue with the deeded land attached to Mary Jewell Park. Mr. Rabe explained he had not compared the plan to the deed restrictions as of yet. He stated the assumption was the right of way would be needed between Koeller Street and Eagle Street. Council Member Herman stated he did not believe the cost should be passed onto the citizens. Mr. Rohloff explained City staff had prepared different models and options for Council to consider. Council Member Herman stated the citizens in the area had been impacted by road construction last year and would be disrupted again. Mr. Rabe explained City staff was providing Council with the information in advance of the public and neighborhood meetings to allow for time to consider the options. He presented the options for the special assessments. Mr. Rohloff stated full reconstructions typically triggered special assessments, although 3 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 there were limits in place, especially for residences along major corridors. He explained residents would only be assessed for the first 32 feet of width and one-third of the cost. He stated he believed for commercial properties the maximum as 48 feet. Mr. Rabe explained that was correct. Mr. Rohloff stated the condition of the road did not warrant a complete reconstruction, with the exception of the intersections. Mr. Rabe explained Kahl Engineering looked at the function of the Oshkosh Avenue corridor, if it was left as is, with the additional traffic, it would function for a period of time. He stated if the City did not want to do a full reconstruction at this time, and schedule it into a future CIP, that would be an option. Mr. Rohloff stated there would still be special assessments for properties to the north, as there were likely future developments. Mayor Cummings explained the area was becoming a major gateway and the consensus he gathered from the workshop was that the four lane divided full reconstruction was the best option. Council Member Palmeri questioned if a traffic count had been included in the traffic analysis. Mr. Rabe stated Kahl Engineering had completed traffic counts. Council Member Palmeri questioned what the numbers were. Mr. Rabe stated he did not have the data with him, and it would be included in the full report that would be provided in the near future. Mr. Rohloff explained typically they were graded A-F similar to a school report card, and anything below a C was cause for concern. He stated they studied projects 30 years into the future. Council Member Palmeri questioned if the report would include crash data. Mr. Rabe stated he did not recall and would follow up. Council Member Herman questioned if an undivided four lane was constructed with 4 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 traffic lights, would there be a dedicated left turn lane, or would it be similar to what the state installed with a flashing yellow light. Jim Collins, Director of Transportation, stated it could be completed either way. Council Member Herman stated he believed designated left turn lanes remained on approximately 30-40 seconds to allow the turn lane to have the right of way. He questioned if that time could be extended. Mr. Collins stated yes. Council Member Herman questioned if the designated left turn lane would result in an additional cost. Mr. Collins stated no. Council Member Herman explained it may be beneficial to put the project into a future CIP. He stated accidents would be different at the intersection if it was changed from a three way intersection to a four way, therefore it would be difficult to compare the data. He questioned if there would be a bus stop planned for the intersection, as he believed there was one nearby now. Mr. Collins stated there was one bus stop close to the intersection on each side of the street. He explained they would not put the bus stop at the traffic signal; they would likely stay close to their existing locations. Mr. Rohloff explained City staff would provide Council with information from the neighborhood meeting on February 201h during the plan commission meeting and encouraged any questions to be brought forward. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Approval of Cash Report from October & November 2017 5 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Receipt & Filing of Oshkosh Public Library Minutes from December 21, 2017 Receipt & Filing of Common Council Minutes from January 23, 2018 Resolution 18-64 Rescind Personal Property Taxes —Lotnix LLC— ($152.95) Resolution 18-65 Rescind Personal Property Taxes — Elizabeth's Garden Supply LLC ($40.12) Resolution 18-66 Authorize Application for Fire Act Grant Resolution 18-67 Amend Special Assessment Policy Relative to Updating Zoning Code References, Laterals & Driveways Resolution 18-68 Amend Resolution No. 18-34 Initial Resolution for Special Assessments — Contract No. 18-05 Paving, Sidewalk, Driveway & Utilities / Second Local Street Concrete Paving Program - Oregon Street (Fox River to West 161h Avenue) Council Member Palmeri questioned if the amendment would change the scope of construction on Oregon Street from 81h Avenue to the Fox River instead of from 81h Avenue to 161h Avenue. Mr. Rabe stated there would be storm sewer construction up to the bridge and the potential for adding and installing laterals as part of the storm sewer construction was missed in the initial resolution. Council Member Palmeri questioned if the work that would be completed all the way to the Fox River would be re-done when the bridge was reconstructed in approximately 5- 6 years. Mr. Rabe stated the only item that would be constructed from 81h Avenue to the river was the storm sewer; the pavement would be patched. He explained City staff planned to reconstruct the remaining portion of Oregon Street from 81h Avenue to the north while the bridge was under reconstruction. Council Member Palmeri questioned if there had been a neighborhood meeting to discuss the project. 6 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Mr. Rabe explained there was a public hearing scheduled for the next Council meeting. He stated City staff and the contractor would be present to answer questions prior to the meeting. Steve Gohde, Assistant Director of Public Works, explained City staff and the contractor would be present in room 310 to address construction related questions beginning at 4:00 p.m. prior to the February 271h Council meeting. Mr. Rabe stated construction related questions would be addressed in room 310, and assessment questions would be answered in room 404. Resolution 18-69 Approve Engineering Services Agreement for 2018 Wastewater Utility Technical Services/CH2M HILL Engineers, Inc. ($119,170.00) Resolution 18-70 Approve Purchase of Ripple Avenue Pressure Regulation Valve Station/Engineered Fluid, Inc. ($92,714.00) Resolution 18-71 Approve Amendments to 2018 Operating Budget — Community Development Special Fund; TIF 34 Oshkosh Corporation Global Headquarters; & TIF 35 Oshkosh Avenue Corridor Resolution 18-72 Approve Amendment to General Development Plan; Approve Specific Implementation Plan for an Indoor Storage Facility & Outdoor Display; 900 N. Koeller Street (former Kmart site) (Plan Commission Recommends Approval) Resolution 18-73 Approve Assessor's Plat- Ceape Avenue Area (Plan Commission Recommends Approval) Resolution 18-74 Accept Dedication of Street Right-of-Ways; (Plan Commission Recommends Approval) A.) Unnamed Street, Northeasterly from Rath Lane, TIF 34 Area B.) Oshkosh Avenue/N. Eagle Street, Northwest Corner Resolution 18-75 Approve Appointments to Committee on Aging&Plan Commission Resolution 18-76 Approve Special Class "B" Licenses, Agent Change for Combination "Class B" License, Operator Licenses & Taxi- Cab Driver License 7 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 MOTION: ADOPT CONSENT AGENDA (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-77 Modify Parking Regulations on 111h Avenue MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Ordinance 18-78 Repeal Ordinance Pertaining to Prohibited Areas for Animals MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Ordinance 18-79 Amend Ordinance Authorizing Public Construction for Certain Classes of Work MOTION: ADOPT (Pech; second, Krause) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Ordinance 18-80 Approve Zone Change from Urban Industrial (UI) to Single Family Residential 9 District (SR-9); 1603, 1607 & 1611 Ashland Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Ordinance 18-81 Approve Request to Attach to the City from Town of Algoma/Pickart Attachment; 91h Street Road & Clairville Road FIRST READING; LAID OVER UNDER THE RULES 8 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Ordinance 18-82 Amend Chapter 2 of the City Municipal Code to combine The Traffic Review Advisory Board & Parking Utility Commission into a Single Traffic & Parking Advisory Board FIRST READING; LAID OVER UNDER THE RULES Resolution 18-83 Approve Agreement for Archaeological Data Recovery Plan for portion of Lakeshore Municipal Golf Course Site / University of Wisconsin-Milwaukee ($183,613.08) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Mayor Cummings stated the City was required by the state to complete archaeological surveys and data recovery. Mr. Rabe explained a part of any permitting through the state was a review of archaeological records in the area. He stated in past years, projects had been delayed due to having to complete additional information gathering, therefore City staff had started initiating the research in advance of beginning the permit applications. He explained UW Milwaukee's cultural resource management group had conducted the initial records review and completed shovel testing in the area; they had prepared the archaeological data recovery plan and submitted it to the Wisconsin Historical Society for review and approval. He stated prior to any construction taking place, the site would be explored and City staff from the streets division would assist in the excavation. Mayor Cummings stated during the Bay Shore Drive reconstruction skeletal remains had been uncovered, which resulted in approximately$40,000 in archaeological staff costs. Council Member Herman questioned why there would be a potential for a change order, unless it was for less money, if the bid stated there was a maximum cost to the project. Mr. Rabe explained the CIP budget that was approved in November had been categorized and there may be a need to reallocate various categories. He stated the agreement was not to exceed the amount indicated, unless there was something drastically different found than had been uncovered during their shovel testing. Mr. Rohloff stated the original TIF budget for environmental/archaeological site work was approximately$50,000, therefore there would need to be a budget adjustment for the 9 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 project. He explained once the exact numbers were decided for the Oshkosh Avenue project, City staff would be able to look at reallocating funds and presenting various budget adjustments to Council. Council Member Herman stated it was his understanding the budget adjustments would not exceed $183,613. Mr. Rohloff stated that was correct. Council Member Palmeri questioned how City staff would be able to guarantee that the cost would not exceed $183,613, if the contract only covered 200 cultural related features or 3 burial features. She questioned what would happen in the event archaeologists encountered additional features. Mr. Rabe stated the estimate was based on information that had been gathered during shovel testing that was used to define the area of analysis. He explained it was possible they could encounter additional features, however, UW Milwaukee would not be able to exceed the contract amount without requesting a contract amendment. Council Member Palmeri stated it was her understanding then that it could not be guaranteed that the cost would not exceed approximately $183,000. She questioned if archaeological survey had been completed when the clubhouse was built. Mr. Rohloff explained the clubhouse had been built long before rules regarding cultural resource management were in place. Resolution 18-84 Approve Conditional Use Permit&Specific Implementation Plan for an Indoor Personal Storage Facility; 2175-2185 S. Koeller Street (former JCPenney site) (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) LOST: Noes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Mayor Cummings asked for an explanation of the difficulties that would be faced developing the site due to Wittman Field. Mr. Rohloff stated the site had previously been approved by Council for a Sam's Club development, however, the store had ultimately decided against it. He explained stores were able to be constructed on the site, as they were not considered places of public 10 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 congregation as restaurants,hotels and office buildings were. He stated regulations from the Federal Aviation Administration and the county prohibited the development of a place of public congregation at the site. Council Member Palmeri stated if approved, there would be personal indoor storage facilities located at both ends of Koeller Street. She questioned why the City would choose to turn former retail locations into storage locations. Mr. Rohloff explained he believed it was a policy decision for the Council to make and he shared Council Member Palmeri s concerns. Allen Davis, Director Community Development, stated that was the reason the item was not on the consent agenda; the plan commission shared the same concerns. He explained ultimately they had voted in favor of the development, although it had been a split vote. Council Member Krause explained he had concerns as the location was a gateway to the City. He stated he understood the limitations of what could be constructed at the site, however, he believed there were additional options outside of personal storage. He explained there was ample storage facilities and did not believe one should be constructed in one of the best retail areas of the City. Resolution 18-85 Approve Amendment to 2017 Capital Improvement Program — Concrete Sidewalk (New & Rehabilitation) ($80,825.09) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Council Member Herman stated he had addressed concerns about change orders in the past. He explained the work was already complete, and questioned what would happen if Council voted no. Mr. Rabe explained a majority of the work had been requested by the property owners in addition to a few items that City staff had underestimated the cost of when bid totals had been prepared. Council Member Herman stated he was concerned that funds had been reallocated from the water utility and street lighting funds. He explained water rates had been increased due to debt, and the City continued to add to the debt. 11 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Mr. Rabe explained the work related to the water utility reallocation of funds was due to repairing street patches where water mains had broken. Council Member Herman stated he understood the need for that action, and would appreciate that information being included in future memos so Council was aware. He explained he was frustrated by the number of change orders, and while he understood it was difficult to know what was in the ground until digging began, there were long term ramifications to adding debt that was passed onto the citizens. Mr. Rohloff explained he agreed the memo should have included the reference to the water utility. He stated water main breaks were common in winter months. Council Member Panske stated she shared Council Member Herman's frustration regarding change orders. She explained in the future she would appreciate a breakdown of the cost of what would be assessed to property owners and what was City responsibility. Mr. Rabe apologized and stated he would work with City staff to include additional information in the future. Resolution 18-86 Approve Change Order No. 2 for Public Works Contract No. 17-06 Concrete Sidewalk (New & Rehabilitation) (+$231,840.58) MOTION: ADOPT (Herman; second, Krause) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings Council Member Palmeri stated she shared concerns about the change orders, and asked for an explanation of the locations and number of adjacent property owners that had requested sidewalk and approaches. Steve Gohde, Assistant Director of Public Works, explained the number of properties in the sidewalk rehabilitation program was approximately one-tenth of the City. He stated City staff had not previously tracked requests, and would be doing so going forward. He explained there were a number of property owners who requested their whole apron be redone, as opposed to the one-third that needed new concrete, or additional squares of sidewalk as opposed to just the squares that needed replacing, for aesthetic reasons. He stated that accounted for a large portion of the added cost, as well as City staff underestimating the initial bid. 12 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Mr. Rabe explained this item and the one previous to it were related. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS There was no Council discussion, direction to City Manager or future agenda items. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Pech stated the annual Oshkosh police and fire hockey game, Guns n Hoses, would be held March 101h at 3:00 p.m. at the Oshkosh YMCA on 201h Avenue. He stated the proceeds of the event would be donated to an organization called Help Owners Maintain Equity, which provided assistance to low income property owners to maintain equity in their homes. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Ms. Ubrig stated the first of four elections in 2018 would take place on Tuesday, February 201h. She explained the polls would be open from 7:00 a.m. until 8:00 p.m. and Council had previously approved changing the polling site location for districts 5, 6, 8 and 10. She stated she had worked with the schools, posted information to the City website and had worked with Oshkosh Media to inform the public of the change. She explained the voters in district 5, who previously voted at Washington School, would vote at Trinity Evangelical Lutheran Church located at 370 Bowen Street. She stated voters in district 6 who previously voted at Jefferson School would vote at First English Lutheran Church located at 1013 Minnesota Street. She explained voters in district 8 who had previously voted at Franklin School would vote at St. Jude the Apostle Parish, also known as Sacred Heart, located at 1025 W. 51h Avenue. She stated voters who had previously voted at Carl Traeger School would vote at Living Water Lutheran Church located at 1585 S. Oakwood Road. Council Member Panske explained she was aware safety concerns had helped move polling sites out of schools. She questioned if aside from Alberta Kimball Auditorium, there were any polling sites remaining in schools. 13 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 Ms. Ubrig stated there was a polling site remaining at Webster Stanley School; she explained both City staff and voters were able to enter and exit through the gym, minimizing traffic within the school. Council Member Panske questioned if Ms. Ubrig anticipated additional changes regarding the safety concern. Ms. Ubrig stated not at this time. Mr. Rohloff explained the State of the City was scheduled for Monday, March 191h at 6:00 p.m. at the Oshkosh Convention Center. He stated there would be a focus on the new POLCO software, and the hope was that everyone in attendance would leave with the POLCO app installed on their phone. He explained there would be a presentation at the next Council meeting to demonstrate the technology. He thanked Council for the feedback regarding change orders, and indicated City staff had provided Council with a report of 2017 change orders that had not previously been reported as they were under the reporting threshold or came in under budget. Council Member Palmeri questioned if the report could include change orders that came in under budget. Mr. Rohloff stated that it did. He explained most of the items in the report were negative change orders, meaning that City staff had overestimated the cost of the project and the total had come in under budget. He stated the cooperative purchase agreements had been for the 2018 annual computer purchase for the information technology division, and a 2018 Ford Explorer for the transit division. He explained there were no additional updates for the Oshkosh Corporation development. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT WITH OSHKOSH CORPORATION FOR THE DEVELOPMENT OF A PORTION OF LAKESHORE MUNICIPAL GOLF COURSE. (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings 14 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 13, 2018 MOTION: ADJOURN (Pech; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:11 p.m. PAMELA R. UBRIG CITY CLERK 15