Loading...
HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JuLy 10, 2018 REGULAR MEETING held Tuesday, July 10, 2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Matt Mugerauer, Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Lori Palmeri and Mayor Steve Cummings EXCUSED: Council Member Jake Krause ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Mugerauer read the Invocation. The Pledge of Allegiance was led by Council Member Mugerauer. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Oshkosh Public Library Minutes from May 31, 2018 Receipt & Filing of Common Council Minutes from June 26, 2018 Receipt of Claim filed with the City's Insurance Company A) Kevin Pimental for alleged damages to cell phone by Police Department Resolution 18-350 Approve Budget Amendment to Industrial Park Land Fund ($5,000.00) PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Resolution 18-351 Accept Dedication of Street Right of Way; Universal Street & Enterprise Drive (Plan Commission Recommends Approval) Resolution 18-352 Approve Conditional Use Permit for Outdoor Storage Area; 3300 Medalist Drive (Plan Commission Recommends Approval) Resolution 18-353 Approve Conditional Use Permit for a Restaurant Deck/Patio 715 North Main Street (Plan Commission Recommends Approval) Resolution 18-354 Approve Conditional Use Permit for an Offsite Parking Lot located at West 291h Avenue & Oregon Street (Oshkosh Corporation) (Plan Commission Recommends Approval) Resolution 18-355 Award Sid for Public Works Contract No. 18-11 to Vinton Construction Company for Sanitary Manhole Rehabilitation /Inflow/Infiltration Reduction Program ($177,072.50) Resolution 18-356 Award Sid to Weinert Roofing for Water Filtration Plant Roof Replacement for Water Utility Division ($110,970.00) Resolution 18-357 Award Sid to Sabel Mechanical LLC for Influent Valve Installation for Wastewater Division ($46,834.05) Resolution 18-358 Award Sid to U.S. Petroleum Equipment for Fuel Tank Replacement at Broad Street Lift Station for Wastewater Division ($44,893.00) Resolution 18-359 Award Bid to Miron Construction Co. for Police Department Locker Room Renovation&Approve Purchase to Axiom Inc. for Spacesaver Personal Duty Storage Lockers ($459,172.38) Council Member Palmeri questioned when construction was scheduled to begin. Dean Smith, Chief of Police, stated there was a pre-construction meeting scheduled within the next two weeks. Council Member Palmeri explained she understood there was a staffing and facility study underway for the public safety buildings, both police and fire, and questioned what would happen if the construction took place and it was later determined that there was a need for a new facility. 2 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Chief Smith stated the lockers were from the 1980s, and there was a need to expand capacity for female officers and workflow in general. He explained he did not believe renovating the locker room was a concern, as it was unlikely that it would be determined that the department needed additional space that a new building was necessary. Resolution 18-360 Approve Purchase of Road Salt for Winter 2018-2019 for the Department of Public Works through WDOT from Morton Salt Company ($293,706.00) Resolution 18-361 Approve Purchase of Laserfiche Avante Upgrade for IT Division ($25,821.98) Resolution 18-362 Approve Agreement with Centrisys for Repair of Wastewater Treatment Plant Centrifuge ($45,000.00) Resolution 18-363 Approve Reassignment of Council Appointments for A) Bicycle & Pedestrian Advisory Committee B) Traffic & Parking Advisory Review Board Resolution 18-364 Approve Combination "Class B" Licenses, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Mugerauer) CARRIED: Ayes (6) Mugerauer, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-365 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) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Mugerauer, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings NOTE: Written request dated 7/9/2018 from Paul Pickart to layover resolutions 18-366, 18-367, 18-368, 18-369, 18-370 and 18-371 to the July 24, 2018 Council meeting. 3 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Resolution 18-366 Approve Final Plat known as Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue (Plan Commission Recommends Approval) Resolution 18-367 Approve Initial Resolution for Special Assessments for Utilities, Sidewalk, Grading & Graveling, Concrete Paving, Terrace Trees & Street Lighting for Pickart Estates, Phase 1;North 3300 Block of West 91h Avenue —With Signed Waivers Resolution 18-368 Accept&Approve Waiver of Special Assessment Notices &Hearing in Connection with Improvements — Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue Resolution 18-369 Approve Final Resolution for Special Assessments for Utilities, Sidewalk, Grading & Graveling, Concrete Paving, Terrace Trees & Street Lighting for Pickart Estates, Phase 1;North 3300 Block of West 91h Avenue —With Signed Waivers Resolution 18-370 Approve Developer's Agreement / Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue Resolution 18-371 Approve Long-Term Maintenance Agreement & Storm Water Management Facility Maintenance Agreement for Pickart Estates, Phase 1 Resolution 18-372 Approve Conditional Use Permit & General Development Plan for Construction of 4 Duplexes & an 8 Unit Multi-Family Structure; 129 West 171h Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Palmeri) CARRIED: Ayes (6) Mugerauer, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Council Member Herman explained several citizens had attended the plan commission meetings regarding the development, and he believed it was a great opportunity to rehabilitate an area of the City that had suffered a fire and sat vacant for many years. 4 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Resolution 18-373 Set Public Hearing Date to Vacate; • Portion of N. Westfield Street • All of Unnamed Street between Rath Lane to N. Westfield Street • Portion of N. Eagle Street • All of Butte des Morts Street • All of Shomin Street • All of Water Street • Portion of Rainbow Drive • All of Public Alley between Shomin Street & Rainbow Drive • All of Public Alley between Butte des Morts Street & Shomin Street • Portion of Graham Avenue Council Member Herman asked for an explanation of the vacation. Darryn Burich, Planning Services Manager, explained it was cleaning up vacations that had not been completed. He stated most of the streets were located on City property, aside from a portion of Rainbow Drive. Mr. Rohloff stated the portion of N. Westfield Street and the unnamed drive between N. Westfield Street and Rath Lane would be connected to the new street that would be constructed. He explained when public works began the process of working with Oshkosh Corporation, it was identified that there were a number of streets that had not been constructed, they were currently grassy areas, and should be vacated. He stated most of the property would be returned to Rainbow Memorial Park as it was City property. Council Member Herman questioned if it would impact the master plan for Rainbow Memorial Park. Mr. Rohloff explained it would give the property back to the park. He stated currently the City would not be able to utilize the land as it was public right of way; the vacation would return it to useable park land. Mayor Cummings stated a portion of the property had once been part of the Paine Lumber Company. MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Mugerauer, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Resolution 18-374 Support to League of Wisconsin Municipalities Efforts to Reform Commercial Property Tax in the amount of$10,000.00 MOTION: ADOPT (Pech; second, Herman) MOTION: AMEND TO ADD 'UP TO' PRIOR TO $10,000 (Herman; second, Palmeri) CARRIED: Ayes (5) Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Noes (1) Mugerauer VOTE ON AMENDED RESOLUTION CARRIED: Ayes (5) Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Noes (1) Mugerauer Council Member Mugerauer stated he was not comfortable spending tax dollars on a political campaign to lobby state representatives. He explained a significant number of state representatives as well as the governor had voiced support for dark store reform. He stated support existed and a marketing campaign would likely not have much of an impact. He explained the City had better uses for $10,000 and he would not support it. Council Member Pech explained while he understood Council Member Mugerauer's sentiment, the large box stores had taken advantage of a loophole that was not available to citizens or local small businesses. He stated citizens and small businesses were affected by the lack of courage in leadership in Madison. He explained a majority of assembly members, senate members and the governor had expressed the desire to address the issue. He stated leadership of the assembly and senate in Madison was lacking. He explained he understood the concern regarding spending tax payer dollars to engage in the lobbying campaign. He stated if the loophole was not fixed, members of the community and small businesses would face tax increases up to 5 percent. He explained he questioned the City's membership to any organization that would actively lobby against the City and small businesses. Council Member Herman asked for an explanation of what the League of Municipalities had planned, and how other communities were helping the cause. Mr. Rohloff explained the League had sent out a letter on June 22nd looking for an average contribution of $1,200 from every municipality in the state. He stated the goal was to raise $300,000 with the hope that the Wisconsin Counties Association would raise a similar amount. He explained many counties planned to put an advisory referenda on the ballot, with the logic that if the issue could not get solved at the legislature with 70 6 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 percent of the legislature voicing support, the remainder needed to hear the voice of the citizens. He stated the City spending $10,000 on its own would not go far, however, municipalities pooling funds together would create education. He explained the League was hoping to get $100,000 from the 10 largest cities in the state, and Oshkosh fell into that category. He stated through partnership with the schools, counties and other entities they hoped to raise $600,000 or more. He explained the League was taking $75,000 out of their reserves, and the League of Wisconsin Municipalities Mutual Insurance Company was also contributing$75,000, due to the repercussions the insurance company faced when municipalities were sued related to the issue. Council Member Herman stated Council Member Pech had indicated citizens and small businesses may face a tax increase of up to 5 percent, and questioned how much money that would be. Mr. Rohloff explained if dark store reform did not happen, Oshkosh could lose up to$184 million dollars in value, which equated to five percent of the City's total value. He stated that loss would be shifted onto the other tax payers, such as home owners and small business owners, through the levy. He explained the City had been working on the issue for a number of years. Council Member Herman stated he understood there was a number of other communities as well as the Counties Association in support of having the issue on the ballot. Mayor Cummings explained the school district and youth of the community would be significantly impacted. He stated in Marquette, Michigan, Lowe's had sued the municipality and as a result, they were forced to close their library. He explained they were facing huge corporations with large budgets and numerous staff. He stated the box stores did not care about their customers, and wanted to shift the cost onto them. He explained prior to testifying in Madison on the issue, he had asked Dean Smith, Chief of Police, for the number of police calls related to an active box store, compared to the number of calls related to an empty store. He asked for an explanation of the findings. Chief Smith stated the data had been updated to reflect the number of calls in 2016 and 2017 for Walmart, Fleet Farm and Target. He stated in 2017, the police department had responded to 888 calls for service at those three stores alone, and in 2016 it had been 801 calls. He stated the former JC Penny's and K-Mart had a combined total of 20 calls in 2017, and 7 in 2016. Mayor Cummings explained there was significantly more expense related to the active stores. 7 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Chief Smith stated that was correct. Council Member Palmeri questioned how much the City paid for the membership to the League of Wisconsin Municipalities. Mr. Rohloff stated it was approximately$10,000 per year. Council Member Palmeri questioned if he believed they provided the City with more than$10,000 worth of services and benefits in a year. Mr. Rohloff stated he believed they did. He explained the League worked on public education and were consistently in Madison lobbying for issues on behalf of municipalities. Council Member Palmeri questioned if the City paid a separate amount for the legal expense insurance. Mr. Rohloff stated the City paid for liability insurance and were covered up to $50,000 per case. Council Member Palmeri questioned if the City saved costs by purchasing insurance in that realm. Mr. Rohloff stated absolutely. Council Member Palmeri explained the City paid to belong to an organization that supported municipalities in Madison and offered benefits, in contrast to the other organization the City belonged to that at times lobbied against the City. She stated she believed if the other municipalities in the state contributed $1,200, the City would not need to contribute more. Mr. Rohloff stated that was correct, however, he believed they recognized that the average population for a Wisconsin municipality was 1,400 people and half of the members likely did not have any big box type of stores. Council Member Palmeri compared the way big box stores believed they should be assessed to her home being assessed the same as a property that had sat vacant for five years and was therefore valued at 40 percent less. Mr. Rohloff stated that was a fair analogy. 8 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Council Member Palmeri explained she would support the contribution. She stated although she believed it was a significant request, the benefit outweighed the expense. Mayor Cummings stated he did not believe any Council Member wished to give money away, however, at risk was millions of dollars. He explained the City had already refunded $300,000 to Walgreens, and Appleton had refunded nearly$700,000. Council Member Herman explained he supported the League, and had attended a number of their conferences and legislative updates. He stated they held seminars for newly elected officials and various trainings. He explained he did want to be conscious of tax payer dollars. He stated he proposed his amendment so the City could choose to contribute the full $10,000 if necessary, however, would not be locked into that amount if they were able to contribute less due to other communities' contributions. Mr. Rohloff stated how much of the potential $10,000 the City would contribute was based on how much other communities contributed, especially ones such as Janesville that were comparable in size. Council Member Herman explained it was an indication of how committed municipalities were to reform, and the City would contribute up to $10,000. Mr. Rohloff stated he would report the final contribution amount back to Council. Council Member Pech explained this issue was an example of how campaign finance reform was necessary. He encouraged citizens to contact Robin Voss in Madison to encourage him to address the issue. Ordinance 18-375 Establish Street Grades / Pickart Estates, Phase 1; North 3300 block of West 91h Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-376 Authorizing Public construction for Pickart Estates, Phase 1; North 3300 block of West 91h Avenue FIRST READING; LAID OVER UNDER THE RULES 9 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings explained the strategic planning workshop was scheduled for July 181h from 8:00 a.m. until 4:30 p.m. at the Convention Center. He stated the first budget workshop was scheduled for July 251h at 5:00 p.m. in room 404 at City Hall. He explained the public works contract workshop was scheduled for July 31s' at 5:00 p.m. in room 404 at City Hall. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Palmeri explained National Night Out was scheduled for August 7th, and thanked the various neighborhood associations who were putting together events for that evening. She encouraged citizens to put their porchlights on and participate, even if they did not belong to an official neighborhood association. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the first meeting in August would be moved to Wednesday, August 151h due to the August primary election on Tuesday, August 14th. He explained there was a professional services agreement with FGM Architects to complete the City Hall space needs analysis. He stated he believed Council space needs were equally as important, and encouraged Council Members to share their visions. He explained there was a professional service agreement with AECOM for services related to the renovation of the river walk at the Leach Amphitheater. He stated there had been a purchase of benches and tables to standardize the appearance of William Waters Plaza as part of the Great Neighborhoods program. He explained the elevator in City Hall would be reconstructed this year, which would result in a loss of elevator service for 6 weeks. He stated Council meetings would not be held in Council chambers while the elevator was out of commission. He explained City staff had included a number of alternatives in the Council packet, although Council did not need to provide immediate feedback. He stated there were various options, depending on whether or not Council wished to keep all the board and commission meetings televised. He explained the elevator would remain in operation until after the November budget hearing. Council Member Palmeri questioned what the cost on the replacement would be. 10 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Mr. Rohloff stated the bid had just been opened. Mr. Davis explained $225,000 had been allocated for the project. Mr. Rohloff stated he understood the bid had come in lower, closer to $200,000. He explained the elevator had not been replaced in many years. Council Member Palmeri questioned if board and commission meetings would be televised from the Senior Center. Mr. Rohloff stated they had wiring capabilities that would allow the meetings to be taped and would likely not be able to be aired live. Council Member Herman explained he would suggest utilizing the Senior Center, and it would be an opportunity for citizens to see the facility. Mr. Rohloff recommended Council review the pros and cons of the various facilities and the topic would appear on a future agenda. Mayor Cummings questioned when City staff would like Council to make a decision. Mr. Rohloff stated by Labor Day. Council Member Mugerauer questioned the number of boards and commission meetings that were televised each month. Jake Timm, Media Services Operations Specialist, stated there were seven. Council Member Mugerauer questioned how much time would be involved in the set up and take down of the equipment for those meetings. Mr. Timm stated outside of drive time, it would be approximately 90 minutes for set up and 45 minutes for take down. Council Member Mugerauer explained he believed for convenience of City staff that the safety building was the best option. Council Member Pech stated he suggested the safety building for consistency's sake. 11 PROCEEDINGS OF THE COMMON COUNCIL—JULY 10, 2018 Council Member Allison-Aasby explained she agreed. She stated the committee on aging was also televised, therefore there would be eight meetings per month. Mr. Rohloff stated City engineering staff had been working on identifying a road for the Oshkosh Corporation development that would not require the involvement of the Army Corp of Engineers, as their involvement would delay the road a minimum of a year. He explained it was anticipated that foundations for the Oshkosh Corporation building would be poured within the next two weeks. Council Member Palmeri questioned if the two out-lots that the City may swap were related to the vacated areas. Mr. Davis stated yes; the out-lots were located south to the right of way that was being platted. Council Member Palmeri questioned if when the road came to Council if City staff would provide size details and maps. Mr. Davis stated absolutely. Council Member Herman explained the free Tuesday night concert series at the Leach Amphitheater would last five weeks. He stated family entertainment would begin at 5:30 p.m. and the bands would play from 6:30-8:30 p.m. He explained a list of the bands could be found on the City's website. He stated there were additional events at the Leach, such as movie nights on Fridays, that the community was encouraged to attend. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C)OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY. (Palmeri; second, Allison-Aasby) CARRIED: Ayes (6) Mugerauer, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings MOTION: ADJOURN (Herman; second, Mugerauer) CARRIED: VOICE VOTE The meeting adjourned at 6:58 p.m. PAMELA R. UBRIG CITY CLERK 12