Loading...
HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 11, 2018 REGULAR MEETING held Tuesday, September 11, 2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Tom Pech,Jr., Steven Herman, Deb Allison- Aasby, Lori Palmeri, Matt Mugerauer and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Krause read the Invocation. The Pledge of Allegiance was led by Andy and August Gilbert from Merrill Elementary School; and Ali Gilbert from Merrill Middle School. PRESENTATION Mr. Davis and Darryn Burich, Planning Services Manager, presented information regarding the City's housing stock and plans for future development. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of the Oshkosh Public Library Minutes from July 26, 2018 Receipt & Filing of Common Council Minutes from August 28, 2018 Receipt of Claims filed with the City's Insurance Company: A) Michael Allen for alleged damages due to gravel from water main break B) Steve Heimbruch for alleged damages to vehicle mirror from City vehicle C) Jon Rucinsky for alleged damages to vehicle from water main break PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Resolution 18-470 Approve Budget Amendments - Special Assessment Fund ($50,000.00) & Police Special Fund ($40,000.00) Council Member Palmeri stated it was her understanding that the budget amendments were an 'accounting cleanup' due to grant funds that come in outside of the regular budgeting schedule. Dean Smith, Chief of Police, explained when the City moved to the Munis accounting software, City staff was then required to budget revenue prior to spending funds. He stated related to this resolution, his department was expanding its revenue budget for grants and donations that had been received throughout the year. Resolution 18-471 Approve Change Order No. 1 for Parks Contract with Northeast Asphalt, Inc., for Menominee Park Tennis Court Improvements Project ($5,040.00) Resolution 18-472 Award Bid to Cardinal Construction Co. Inc. for Riverwalk Renovation at Leach Amphitheater ($100,200.00) Resolution 18-473 Award Bid to Sure Fire Inc., for Grand Opera House Roof Top Unit HVAC Replacement for General Services ($42,300.00) Resolution 18-474 Approve Amendment No. 2 to Professional Services Agreement with AECOM Technical Services, Inc. for Construction Monitoring & Documentation Services for Marion Road Water Tower Replacement ($8,705.00) Resolution 18-475 Authorize 2019 Grant Application — Wisconsin Regional Planning Commission & Wisconsin Department of Natural Resources Great Lakes Basin Tree Planting Program Mayor Cummings asked for an explanation of the process. Ray Maurer, Director of Parks, explained City staff needed an approved resolution from the Council in order to apply for the grant. He stated they had been successful in acquiring a $25,000 grant in 2018 to assist with planting in neighborhood areas, and hoped to further enhance the tree planting program in 2019. 2 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Resolution 18-476 Approve & Execute Relocation Order; Approve Determination of Necessity to Acquire Properties for Landfill Gas Venting System: A) 859-905 West 171h Avenue B) Portion of 1732 Knapp Street (Plan Commission Recommends Approval) Council Member Mugerauer asked for an explanation of the necessity to acquire property. James Rabe, Director of Public Works, explained City staff had monitored the two former quarry sites that had been used as landfills; one in particular had been used for municipal solid waste. He stated as the waste decomposed it generated methane which can pose a health and safety hazard. He explained Quarry Park and the Knapp Street quarry area had gone through similar situations, requiring landfill gas mitigation systems to extract the methane as it generated in the ground and vent it out to the area, so that it did not have the opportunity to migrate through the ground into other structures. He stated in the past, there had been a property on Knapp Street that had exploded due to methane buildup. He explained they had been monitoring the properties, and adjacent property owners had been offered methane detectors. He stated it had been determined that methane was present in enough capacity where it did pose a risk and therefore the City was planning to purchase several parcels, demolish existing structures and install an active methane extraction system. Council Member Mugerauer stated he understood there had been a recent agreement between the City and the Kienast property owners, and that there were funds in the capital improvement program. He questioned what additional City funds would be used to pay for the project. Mr. Rabe explained general obligation funds. Council Member Mugerauer questioned if there was a cost estimate. Mr. Rabe stated there was not a final construction estimate yet. He explained he believed the funding that was requested in the 2019 CIP should be enough to complete the acquisitions and the construction project. Mr. Rohloff explained it was approximately$2.2 million dollars. Resolution 18-477 Approve Appointments for the following Boards & Commissions: Advisory Parks Board Public Arts & Beautification 3 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Resolution 18-478 Approve Special Class "B" Licenses, Operator & Taxi-Cab Driver Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 18-474 (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Resolution 18-474 Approve Amendment No. 2 to Professional Services Agreement with AECOM Technical Services, Inc. for Construction Monitoring & Documentation Services for Marion Road Water Tower Replacement ($8,705.00) MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (6) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Noes (1) Mugerauer Council Member Mugerauer stated this was the second proposed amendment to the contract. He questioned the purpose behind the change, and why the increase had not been included previously. James Rabe, Director of Public Works, explained it was related to the final schedule from the contractor regarding when they would begin work on certain task items. He stated when a construction services agreement was completed, the schedule was estimated based on information in the construction documents. He explained until there was a contractor with a prepared schedule it was unknown how much effort would be needed in specific locations, which resulted in estimation. He stated in this case, the contractor had decided to complete work during colder weather, which City staff had not anticipated. He explained it required additional documentation to make sure the work that was completed was done in accordance with the construction documents and making sure the final product would last long term. Council Member Mugerauer questioned if there were remedies that could be utilized when a contractor made changes or created a situation where the City incurred additional costs. Mr. Rabe stated if the cause was outside of the originally defined contract there were remedies. He explained on certain projects such as South Park where the contractor took longer than necessary, a remedy was liquidated damages based on the number of days 4 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 the project went beyond schedule. He stated in other instances when the contractor stayed within the prescribed items in the contract there was not typically a means to recover the costs. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-479 Designate Clairville Road as a Through Street at its Intersection with Compass Way so that Compass Way Stops at the Intersection MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Ordinance 18-480 Approve Zone Change from Suburban Mixed Use (SMU) to Suburban Mixed Use District with Planned Development Overlay (SMU-PD) for property located at 1159 North Koeller Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Council Member Palmeri stated she understood the property would have four street yards, and questioned if that was the reason it needed to be zoned with a planned development. Darryn Burich, Planning Services Manager, stated that was correct. Council Member Palmeri questioned if there were plans for the site. Mr. Burich stated a bank would be located on the site and the specific implantation plan would be approved later in the meeting. Ordinance 18-481 Adopt Ordinance to Regulate Murals MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Mayor Cummings asked for an explanation of the ordinance. 5 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Darryn Burich, Planning Services Manager, stated the topic had originally been within the zoning ordinance, and had been removed to avoid any confusion with signage. He explained with the proposed ordinance, there would be an expansion in the allowable use of murals to try and promote an increase within the community. Council Member Palmeri stated on item 'F' within the proposed code, gang affiliated graphics would not be permitted. She questioned if there would need to be further distinction between'tagging' and graffiti style art. Ms. Lorenson explained the language was the best City staff could utilize to identify what was permissible and what was not. She stated there had been a recent Supreme Court decision related to the topic, and Oshkosh would be ahead of the game in re-doing their ordinance. She explained at some point there may be an amendment proposed that further defined items. Mr. Burich stated graffiti style art was different than gang symbols. He explained as long as a gang symbol was not tagged within a mural, graffiti style art was acceptable and had its place within the community. Ms. Lorenson explained the 'gang-style' tended to refer back to distinction in old case law that referred to fighting words and incendiary verbiage, which has less protection under the first amendment. Mayor Cummings asked for an explanation of the approval process. Mr. Burich stated the approval process had been streamlined; as long as an applicant met the standards of the ordinance, a mural permit would be issued. He explained if an applicant presented a mural that was deemed prohibited, an appeal process involving review by the public arts and beautification committee had been developed. Council Member Palmeri explained she had noted a colored drawing of the proposed mural was required. She questioned what the purpose of the drawing was. Mr. Burich stated when an individual applied for a mural permit, they typically had a design prepared. Ms. Lorenson explained she believed the purpose was to ensure the mural did not interfere with traffic signage. Mr. Burich stated if requiring a colored drawing during the application process created 6 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 too much of a problem, it could be amended in the future. Ordinance 18-482 Approve Closure of 91h Street Road (West 91h Avenue) from Linden Oaks Drive to the Proposed Paul's Place (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Ordinance 18-483 Adopt Ordinance to Regulate the Operation of Commercial Quadricycles (Pedal Pubs) FIRST READING; LAID OVER UNDER THE RULES Council Member Palmeri stated she believed when the topic first was introduced, there had been discussion about limiting the pedal pubs to daylight hours. She explained the limitation on hours within the ordinance was listed as 10:00 a.m. to 10:30 p.m. She questioned if she had remembered the daylight discussion correctly. Mr. Rohloff stated he did not recall that discussion. Council Members Pech, Herman and Mayor Cummings stated they did not remember a reference to daylight hours. Council Member Allison-Aasby explained when she had discussed some of the cities where she had seen pedal pubs she had mentioned it seemed they operated until dusk. She stated she did not recall any other conversation from City staff regarding hours. Council Member Palmeri questioned why the City would extend the hours to 10:30 p.m. if dusk was the common practice. Mr. Rohloff explained City staff would review the specific location of a licensee and determine what time would be appropriate for their route. He stated residential neighborhoods would have different considerations after dark. 7 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Council Member Krause questioned if data could be collected from other cities within Wisconsin that had pedal pubs. Council Member Herman stated that would take significant work and time from City staff. Amy VandenHogen, Assistant City Attorney, explained City staff could provide additional information regarding times, however, they had reviewed numerous ordinances for other municipalities,many of which had hours extending into the evening. She stated state statute allowed the use of pedal pubs until 10:30 p.m. Ordinance 18-484 Change Council Meeting Date from November 131h to November 14th, 2018 (Wednesday) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-485 Cancel December 25, 2018 Council Meeting FIRST READING; LAID OVER UNDER THE RULES Resolution 18-486 Award Bid for Public Works Contract No. 18-14 to Vinton Construction Company for Oshkosh Avenue Area Redevelopment Infrastructure Improvements ($3,126,518.07) MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Mayor Cummings stated it was his understanding that the bid had come in under budget. James Rabe,Director of Public Works, explained that this portion of the project had come in under budget, although there were additional items to be bid out in the future such as the river walk along the lakeshore and the recommended improvements at Koeller Street and Oshkosh Avenue. Resolution 18-487 Approve Rusch Park Master Plan (Advisory Park Board & Plan Commission Recommend Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings 8 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Council Member Palmeri stated there had been a number of public input sessions that had taken place. She explained she understood there were approximately 30 individuals who had participated and she was interested in their feedback, beyond the POLCO survey results. Ray Maurer, Director of Parks, explained there had been several public input meetings held and a number of the Sawyer Creek neighborhood association members had attended. He explained after the series of public input sessions, the topic had been discussed at the June parks advisory board meeting and the plan then sent to the plan commission. He stated the biggest areas of discussion had been trail extensions to the west when future development took place and a connection to the north across the creek. He explained the two points of contention throughout the meetings were the discussion of potential outdoor exercise equipment located along the trail and the addition of downward facing lights. He stated City staff had utilized the POLCO survey, resulting in 296 responses to the exercise equipment question, which had opinion split approximately 50/50. He explained the parks board then decided to not install the exercise equipment as it seemed as though it may not be the best site for it. He stated in regards to the downward facing security lighting on the trail, there had been approximately 76 percent in favor. He explained during the parks board discussion, residents had spoken both in favor and disapproval of the lighting. He stated it had ultimately been decided to add additional lights behind the Carl Traeger School area as well as along the trail guiding individuals back toward the Ruschfield area. He explained the parks board and plan commission had unanimously voted to approve the master plan document. Council Member Palmeri asked for an explanation of how the trail placement helped the City accomplish goals related to safe routes to school. She questioned how City staff planned to pay for maintenance and mowing. Mr. Maurer stated when the park had been developed in the late 1990s, it had been decided that the school district would help with the development of the trail system to help get students safely across the creek. He explained at that time there had been discussion about shared maintenance with the school district, and at this time the school district did assist in snow removal along the trail to help students walking to Carl Traeger School, and City staff assisted in smaller areas for which the school district did not have adequate equipment. He stated as the area was developed further to the west, he expected the City would be asking the school district to assist in some of the paved areas, however, the paved areas would be limited as there would be wetland areas with boardwalks and natural trails. He explained maintenance cost would therefore be limited due to the natural state of the area. He stated parks staff typically ran about two passes 9 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 on each side of the trail with a lawn mower to keep the encroachment approximately 12 feet away from the trail. He explained every two years, City staff hoped to remove invasive plant species. Council Member Palmeri questioned how the area would be policed. Mr. Maurer explained they had the police department involved in a number of meetings and they had provided a number of crime prevention tips including discussion on lighting and the need for low growth shrubbery. He stated the police department would monitor the area. Resolution 18-488 Approve Specific Implementation Plan for Development of a Bank at 1159 North Koeller Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Mayor Cummings stated the property had a number of old, large Oak trees. He questioned what the plans were to maintain the trees. Meghann Kasper,3024 Holly Court,explained a number of the trees on the property were heavily deteriorated and several were dead, which would be taken down. She stated two trees were in good shape, however, they unfortunately sat where they needed to connect to sewer and water. She stated they hoped to use the wood or provide it to someone who could utilize it. Mayor Cummings questioned if the plan was to clear cut the area. Ms. Kasper stated unfortunately they would have to. Ms. Lorenson requested Ms. Kasper's name and address for the record. Resolution 18-489 Grant Noise Variance Request/Kelly's Bar/219 Wisconsin Street for Amplified Music until Midnight at Beer Garden September 14 & 15, 2018 MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Krause, Pech, Herman, Allison-Aasby, Mugerauer, Mayor Cummings Noes (1) Palmeri 10 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 Council Member Palmeri stated the same application was frequently submitted by the applicant requesting a variance from the City's amplified music code. She thanked City staff for the detail that was put into the request. She stated it did not appear that the applicant had demonstrated a true, unique hardship according to the criteria. She explained she would not support the request. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a budget workshop scheduled for September 191h at 5:00 p.m. in room 404 of City Hall. Mr. Rohloff explained related to his goal regarding industrial development, he had received feedback from City staff that they were ready to hold a workshop and were tentatively looking at October 9th, 2018. Council agreed to the date. Mr. Rohloff stated the workshop would be scheduled on October 91h at 5:00 p.m. Council Member Herman stated he would not be in attendance at the budget workshop on September 191h CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the amendment for AECOM in the agenda packet was related to close out work for the Marion Road water tower site. He explained there was an amendment to the professional service agreement with Brown & Caldwell for storm water support for TID #34 and TID #35. He stated the Oshkosh Corporation update was included in the agenda packet and construction was progressing. He explained City staff would begin scheduling work for the bid that had been awarded for public improvements. He stated 11 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 11, 2018 the goal was to complete Westfield Street this year and Koeller Street next year. He explained he would be absent from the next Council meeting as he would be attending the International City Managers Association conference. He stated he had been asked to speak at a session with POLCO regarding citizen engagement. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS DEVELOPMENT AGREEMENT WITH FOX VALLEY PRO BASKETBALL, INC. AND PROPERTY LOCATED AT 1212 SOUTH MAIN STREET 1) PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED AND; 2) PURSUANT TO SECTION 19.85(1)(E) TO DISCUSS BARGAINING OPTIONS, STRATEGY AND PARAMETERS WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION (Palmeri; second, Pech) CARRIED: Ayes (6) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Mayor Cummings Present (1) Allison-Aasby MOTION: ADJOURN (Pech; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:29 p.m. PAMELA R. UBRIG CITY CLERK 12