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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JUNE 26, 2018 REGULAR MEETING held Tuesday,June 26,2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Lori Palmeri, Matt Mugerauer, Jake Krause, Tom Pech, Jr., 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 Allen Davis, Director of Community Development Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Council Member Palmeri. PUBLIC HEARINGS Resolution 18-330 Approve Final Resolution for Special Assessments for Pavement, Aprons, Sidewalk & Utilities Relating to Contract No. 18-13 A) Punhoqua Street (Maple Avenue to Rainbow Drive) B) Graham Avenue (Fox Street to North Eagle Street) C) Fox Street (Graham Avenue to Sawyer Creek) D) Buchanan Avenue (North Eagle Street to Sawyer Creek) E) North Eagle Street (Maple Avenue to Sawyer Creek) F) Maple Avenue (Punhoqua Street to North Eagle Street) G) Hawk Street (Buchanan Avenue to Sawyer Creek) H) Arthur Avenue (Vacated —in Easement) I) Hughes Street (West Waukau Avenue to 1,900' Southwest of Oregon Street) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Resolution 18-331 Approve Submittal of 2018 Community Development Block Grant Action Plan (Plan Commissions Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings Council Member Palmeri stated last year, the plan commission had spent 4 minutes reviewing the plan, and this year they had spent 6 minutes. She explained it was a significant amount of money and there had been little public participation. She encouraged the public to provide input in the future, although she believed the plan was good. Council Member Herman explained he had served on the group that reviewed the grant application side of the process, and the funds were allocated to various programs that would benefit citizens. He encouraged citizens to get engaged as there were a number of grant programs available to help lower income individuals. Council Member Pech questioned if the public meetings were noticed. Mr. Davis stated yes. Council Member Pech explained it was his understanding those notices were posted at the library and on the City website; he believed there was significant public notice of the meetings. He stated democracy required participation and encouraged the public to get involved. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Approval of Cash Report for March & April 2018 Receipt & Filing of the Oshkosh Public Museum Minutes from May 3, 2018 2 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Receipt & Filing of Common Council Minutes from June 12, 2018 Receipt of Claims filed with the City's Insurance Company: A) Erin Siewert for alleged damages from City truck backing in roadway B) Sandra Statz for alleged damages due to a fall in the parking ramp at the Best Western Resolution 18-332 Award Bid to Brooks Tractor for Articulating 4WD Loader with Plow & Wing for the Street Division ($228,128.30) Resolution 18-333 Approve Amendment to Professional Service Agreement with AECOM for Environmental Consulting for State Street Parking Lot ($8,500.00) Resolution 18-334 Approve Street Name Change from Emmers Lane to North Westhaven Drive (Plan Commissions Recommends Approval) Resolution 18-335 Approve Conditional Use Permit for Outdoor Storage Use at 320 E. Fernau Avenue (Plan Commissions Recommends Approval) Resolution 18-336 Approve & Submit 2017 Wisconsin Department of Natural Resources (WDNR) Compliance Maintenance Annual Report- Wastewater Treatment Plant Resolution 18-337 Reassign Polling Place for District 2 (Reeve Memorial Union) Resolution 18-338 Approve Special Event—UW Oshkosh Residence Life to utilize City streets for their Residence Hall Move in Days / August 29 & September 1- 3, 2018 Resolution 18-339 Approve Special Event — Oshkosh North Student Council to utilize City streets for the Oshkosh North Homecoming Parade / October 12, 2018 Resolution 18-340 Approve Block Party— Stacy DeShasier to utilize E. Lincoln Avenue from Grand Street to the railroad tracks for their neighborhood block party/July 21, 2018 3 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Resolution 18-341 Approve Block Party — Barbara McClain to utilize Rugby Street between West 111h Avenue & West 121h Avenue to hold their neighborhood block party/August 4, 2018 Resolution 18-342 Approve Block Party — Jenifer Jensen to utilize Crane Street from Wilson Avenue to the end of the cul de sac for their neighborhood block party/August 7, 2018 Resolution 18-343 Approve Block Party—Tom Haanen to utilize W. 151h Avenue between Minnesota Street & Iowa Street for their neighborhood block party/August 7, 2018 Resolution 18-344 Approve Combination"Class B" License, Special Class "B" Licenses, Operator Licenses & Taxi-Cab Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Palmeri) CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-345 Prohibit Left Turns from Jackson Street onto New York Avenue between the hours of 3:00 p.m. to 7:00 p.m. /Monday through Friday MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Palmeri, Krause, Pech, Herman, Mayor Cummings Noes (1) Mugerauer Jerry Anklam, 1402 Liberty Street, stated he was concerned that preventing turns onto New York Avenue would result in increased traffic on Congress Avenue. He explained due to the athletic field, traffic was already increased during certain times, and there was a significant presence of youth in the area. He stated he believed in trying to solve a problem on New York Avenue, problems would be created on other streets. He explained there may be a benefit to a traffic study. Council Member Herman asked for an explanation of the concern at the intersection. Jim Collins, Director of Transportation, presented a crash diagram covering the last 5 years at the intersection of Jackson Street and New York Avenue. He stated it had been 4 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 an intersection of concern for a number of years due to the many accidents, specifically the north to west crash trend. He explained he had worked with the State's traffic engineer for the region to identify potential solutions, and had considered a left turn arrow, although it did not seem warranted as the concern was during peak hours. He stated it had been recommended to try a 'no left turn during peak hour' requirement as out of the 23 crashes, nine were from 4:00 p.m. to 6:00 p.m., three were from 6:00 p.m. to 7:00 p.m. and one was from 3:00 p.m. to 4:00 p.m. He explained he had recommended prohibiting left turns onto New York Avenue from 4:00 p.m.until 6:00 p.m. and the traffic advisory review board had recommended prohibiting left turns from 3:00 p.m. until 7:00 p.m. He stated signage would be implemented. He explained he understood there was a number of concerns regarding traffic in the neighborhood, and addressing this issue was only one small piece of the corridor. He stated the goal of traffic advisory had been to improve safety at the intersection. Mayor Cummings explained he had recently witnessed a near accident at the intersection. He stated he believed it was a dangerous intersection. Mr. Collins stated the most common accident at the intersection was from vehicles who turned left that could not see the curb lane. Council Member Herman explained he was concerned about additional traffic being shifted to other streets. He stated he understood that the entire corridor should be reviewed and speed was a concern. He explained now that he had additional information regarding the recommendation, he believed it would be an appropriate temporary solution to a long term problem that needed to be addressed. Mr. Collins stated there had been nine accidents involving injuries at the intersection. Ordinance 18-346 Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with Planned Development Overlay (NMU-PD); 129 West 171h Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Council Member Palmeri questioned if the percentage of impervious surface had been calculated yet. Darryn Burich, Planning Services Manager, stated it had not. 5 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Council Member Palmeri questioned if the change in zone could allow for some variation. Mr. Burich stated that it could. Council Member Palmeri questioned what type of open space was planned, and if the developer was looking at accessible universal design for the lower, ground level units. Mr. Burich stated he was not certain what the code required; as the developer was essentially constructing a new building, they would need to adhere to City code. Resolution 18-347 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Mugerauer; second, Palmeri) CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings Resolution 18-348 Approve Budget Amendments for Golf Course Fund to Include Estimated Transition Costs MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings Council Member Herman asked for an explanation of the amendment. Ray Maurer, Director of Parks, explained he had been working with Trena Larson, Director of Finance, to identify costs that were associated with transitioning the former Lakeshore Golf Course into park property. He stated the main cost at this time was mowing, although there had been costs incurred prior to the closure of the course such as utilities, permits and marketing. He explained there would be a need for materials and supplies to address items such as the weeding over of the sand traps which required top soil and grass seed. He stated he had been working with Ms. Larson to identify a way to address the costs, as there was not a budget or a main source of revenue at this time. Council Member Herman stated he understood transitioning to a park was the plan at this point, however, he questioned if a future Council could change the site back to a golf course. Mr. Maurer explained he felt as though that as a leading question. 6 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Council Member Herman questioned if Mr. Maurer planned on budgeting for maintenance and transition costs for next year. Trena Larson, Director of Finance, explained the plan was to propose a 2019 golf course budget. Council Member Palmeri asked for an explanation of what Ms. Larson meant by a 2019 golf course budget. Ms. Larson stated the budget would include continued transition costs and the City staffing that would be required to support the transition. She explained the funds from the proceeds would be held until a decision was made on the exact plan for the site. Council Member Palmeri questioned how much would be attributed to storm water fees. Mr. Maurer stated it was included in exhibit A, and City staff had estimated approximately $4,000. He explained in reference to the email she had sent, there would still be storm water fees due to the impervious surface of the golf course paths, parking lot and two maintenance buildings. Council Member Palmeri explained she understood other parks were charged with impervious surface fees. Mr. Maurer stated that was correct, any park with impervious surfaces were charged storm water fees. He explained he wanted to note that the correct fiscal impact listed in the packet should be $105,700. Resolution 18-349 Approve Conditional Use Permit & General Development Plan for Multi-Family Development; Northwest Corner of W. 61h Avenue & Oregon Street — Morgan District (Plan Commissions Recommends Approval) Mayor Cummings questioned if there had been a change to the resolution, and if it should be addressed at the beginning or after discussion. Ms. Lorenson stated it was up to Council, however, if it was discussed at the beginning it would give citizens an opportunity to be aware of it right away. Council Member Herman explained there was an amendment that City staff would like added. 7 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Mr. Rohloff stated the City currently had a parallel pipe and box culvert running through the site. He explained although it was not located where the buildings were being proposed, it had existed there for a number years and there was not a formal easement. He stated it was connected to a watershed that experienced significant flooding, in the area of 101h Avenue and Ohio Street. He explained City staff was proposing in the CIP to upgrade the outlet of the watershed, which ran through the property, and wanted to ensure there was an easement in place. MOTION: ADOPT (Pech; second, Herman) Council Member Palmeri questioned if the amendment had been noticed. Mr. Rohloff stated it had not, which was why he had presented it right away. He explained it had been noted earlier in the day while going through CIP items that there was not a formal easement at the site. Council Member Pech explained there were often amendments made during discussion of a resolution, either by Council or due to City staff recommendation, which were not noticed. He stated there was nothing out of order with making the amendment. Paulette Feld, 416 W. 51h Avenue, stated her residence was located west of the development, and while she was in support of the development, she did not care for the proposed facades. She explained she was concerned that the two proposed buildings were likely set back further than the City established maximum setback of 45 feet. She stated she would encourage City staff to explore allowing the buildings to be beyond that maximum, as the homes in the area had a view of the river and downtown. She explained if the buildings were located closer to the river walk, the view would be blocked. She stated she and other residents on 51h Avenue were concerned about the condition of the street. She explained she wanted to make it clear that trucks and other equipment carrying materials would not travel that stretch of road as it would not support the load. She stated they were concerned about the increased traffic that the development would cause on 51h Avenue, and questioned what the timeline was for rebuilding the street. Sara Stichert, 416 W. 51h Avenue, explained she was concerned with the appearance of the fagade of the buildings. She stated the old factory had been removed from the site, and unfortunately the architect had told her after the plan commission meeting that the developer was seeking out a factory-like appearance. She explained she had researched the south shore redevelopment plan, and within the second amendment from 2009 it stated, 'the majority of non-residential structures in the amendment area were functionally obsolete due to their age, or appear in need of maintenance or rehabilitation. 8 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 The structures on the Geld-Wen plant site area mix of smooth faced block, brick, wood and corrugated sheet metal buildings, which create a haphazard appearance throughout the manufacturing complex.' She stated if the appearance had been noted as haphazard in 2009, she questioned why it would be desirable to have a new building that looked like the old buildings. Peter Lang, 2300 White Swan Drive, representing the project developer, questioned if the amendment would mean that in order for them to have approval, they would be subject to an easement that had not yet been drafted or defined. Mr. Rohloff stated yes, it would be a condition of approval and City staff would work with them. Mr. Lang questioned if City staff anticipated the easement fitting within the current footprint of the existing sewer easement. Mr. Rohloff stated it would likely be slightly bigger as City staff would need to accommodate a bigger outfall. James Rabe, Director of Public Works, stated the existing box culvert was 12 feet wide and there was a 27 inch and a 30 or 33 inch pipe adjacent to that. He explained currently the footprint was approximately 30 feet. He stated he believed a consultant had been in contact with Mr. Lang. Mr. Lang explained he had not heard of anything related to the easement until this evening. Mr. Rohloff stated in defense of City staff, it had not been brought up until he had been reviewing the project for 2019. Mr. Rabe explained he believed it would be similar to what was existing, and would need to draft a graphic prior to providing the exact size details. Council Member Pech asked for Mr. Lang to address the citizens' concerns about the factory looking design. Mr. Lang explained what they had submitted was the general development plan. He stated the fagade depicted was the current thought on what the buildings would look like, although materials had not been selected yet. He explained the main point of the plan was to identify building locations, and after the general development plan was 9 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 approved, they would be able to work with architects and engineers to begin material selections. He stated the materials selected would meet City zoning requirements, and there would be individuals who did not care for the facades while others would enjoy them. Council Member Herman questioned if Mr. Lang did not agree to the amendment. Mr. Lang explained he was uncertain what the amendment meant. Council Member Herman questioned if he would prefer the details be decided and the resolution brought back before Council at a later date. Mr. Lang stated he believed if there was an item within the easement that he did not like, he believed it could be brought back before Council and removed. Mr. Rohloff explained part of State law was that such conditions had to be reasonable, and at any time Mr. Lang could determine it was unreasonable and request it to be brought back before Council. Mr. Lang stated he did not foresee that happening, and was comfortable with Council moving forward with the approval; he explained he had wanted to understand what the process had been. Council Member Herman explained he had wanted to make sure both the developer and City staff were comfortable moving forward. Mr. Rohloff stated City staff would like to proceed to be able to have the easement in place for the 2019 capital improvement project. Mr. Lang explained he would also like to proceed to prevent any further delays to their project. Mr. Rabe stated he wanted to clarify that the amendment would not grant the easement; it stated an easement would be granted, the details of which would be worked out in the future and brought to the plan commission and Council for acceptance. Council Member Palmeri asked for an explanation of the setback. She stated Ms. Feld had expressed concern that the setback should be further back from the riverfront and it was her understanding that the exception was the opposite, and they were moving it back further. 10 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Mr. Burich stated in the riverfront mixed use district, similar to downtown, there were 'build to' lines at 45 feet, which was where they would like the buildings. He explained he understood the developer was looking to build even further back. Mr. Lang stated on the site plan,building A-4 came close to the 45 foot setback. He stated there was also patios and landscaping that came into play, therefore in order to maintain the straight alignment of the buildings and provide additional greenspace, the setback needed to be increased. Council Member Palmeri questioned if the greenspace between the facades and river walk would be publically accessible. Mr. Lang stated the areas immediately adjacent to the buildings would be private and there would be landscaping or natural buffers that would create a semi-public space. He explained they had not completed that design aspect yet. Mr. Davis explained when the City was constructing the river walk, there was a wetland in the greenspace location, which would need to be worked around. Council Member Palmeri questioned if moving the buildings back further than 45 feet was appropriate. Mr. Davis stated yes. MOTION: AMEND TO GRANT THE CITY A PERMANENT STORM SEWER AND ELECTRICAL EASEMENT ADEQUATE TO ALLOW FOR THE REPLACEMENT AND UPGRADE OF THE STRINGHAM WATERSHED OUTFALL AND MUNICIPAL ELECTRICAL EQUIPMENT. CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings VOTE ON AMENDED RESOLUTION CARRIED: Ayes (6) Palmeri, Mugerauer, Krause, Pech, Herman, Mayor Cummings Council Member Palmeri stated there had been City staff concerns regarding the access drives and the lineup. She asked for an explanation of each. 11 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Steve Gohde, Assistant Director of Public Works, explained the lineup of the one way pairs did not align with the existing Minnesota Street. He stated City staff would like those better aligned to accommodate turning movement. He explained by City code, the site would only be allowed two connections to the public right of way, and there was concern that the connection to the townhomes may become a cut through area for drivers trying to avoid some of the congestion areas. He stated it was suggested that they connect it to the private drive within the site to come out and bring the sites together. Mr. Rohloff stated that was listed at the bottom of the resolution; it was a condition that the plan commission had requested. Mayor Cummings explained it was a general development plan, which would be followed by many additional steps. He questioned what those additional steps would be. Mr. Davis stated it was a complicated site, and in broad terms the project would move from the general concept to specific implementation. He explained the general development plan was designed to put together the general concept; the location, the spacing and the general design of the site. He stated once the general plan was approved, they would be able to begin work on the specific implementation plan, which would include the facades, designs, interior and additional detail. He explained the project would then move to the site plan review committee stage, where City staff would review the construction plan. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a strategic planning workshop scheduled for July 191h from 8:00 a.m. to 4:30 p.m. at the Oshkosh Convention Center as a follow up to the June 21s'strategic planning workshop. He explained the first budget workshop was scheduled for July 251h at 5:00 p.m. in room 404 at City Hall, and the public works contract workshop was scheduled for July 31s' at 5:00 p.m. in room 404 at City Hall. Mr. Rohloff explained he had been given clear direction that the Council wished to attend the holiday parade on Tuesday, November 13th. He stated option five for the preparation calendar for the 2019 operations budget accommodated that, and an ordinance change closer to that date would formally allow Council to move the meeting. Council Member Palmeri stated Council would be going into closed session after the July 101h Council meeting for the City Manager's mid-year evaluation. 12 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained the historical significance behind the name of Rainbow Park. He stated the signage was being re-done to put the word 'memorial' back into the park name. He explained the 41h of July parade was scheduled to begin at 9:00 a.m. on the 4th, and would travel from Main Street to Irving Avenue to Menominee Park. Council Member Palmeri stated she had attended the Oshkosh Healthy Neighborhoods Association meeting and reminded neighborhood associations that the Great Neighborhoods Program project applications for funding were due July 1St to the planning department. She explained the Great Neighborhoods program was designed to enhance the image, market and fiscal conditions of Oshkosh neighborhoods. She stated the program provided residents the opportunity to originate projects that enhance quality of life through strategic improvements through the public realm. She explained citizens would originate the plan and work with City staff to implement the projects and activities. She stated it was funded by the CIP program for the purpose of strengthening neighborhoods, which was in the City's strategic plan. She explained National Night Out was scheduled for August 6th, and while a number of neighborhoods were participating, it was not required to have an organized neighborhood association to participate. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained the July 101h agenda preparation was ongoing and encouraged Council to submit anything they would like to see on the agenda as early as possible. He stated the Sea, Sand, Sailorland play equipment ribbon cutting was scheduled for June 281h at 4:30 p.m., and had been a project from the Great Neighborhoods program. He explained the Council meeting would be moved to Wednesday, August 151h to accommodate the primary election on Tuesday, August 14th. He stated the Oshkosh Corporation update was in the Council packets. He explained in follow up to the citizen who had spoken at the prior Council meeting regarding the poor condition of the flag at the Winnebago County Veteran's office,City staff had put contact information for various County offices on the City website. Council Member Palmeri questioned if the maps and revision details related to the changes of the Oshkosh Corporation road layout would be forthcoming. 13 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 26, 2018 Mr. Davis stated yes; City staff had been required to avoid wetland which required the original design to be modified. He explained he was preparing a map that shows the original alignment and the modification and would provide the information as soon as it was complete. MOTION: ADJOURN (Mugerauer; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:11 p.m. PAMELA R. UBRIG CITY CLERK 14