Loading...
HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST 15, 2018 REGULAR MEETING held Wednesday, August 15, 2018, at 6:00 p.m. in Council Chambers, City Hall Deputy Mayor Palmeri presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Matt Mugerauer and Deputy Mayor Lori Palmeri EXCUSED: Council Member Tom Pech, Jr., Jake Krause and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Darryn Burich, Planning Services Manager Council Member Herman read the Invocation. The Pledge of Allegiance was led by Council Member Herman. PRESENTATION Kelly Nieforth, Economic Development Services Manager, explained the City had received a special achievement in GIS (SAG) award from ESRI, a GIS mapping software company, for work related to the lakeshore redevelopment project. PROCLAMATION Deputy Mayor Palmeri proclaimed August 2018 Civility Month in the City of Oshkosh and presented Sue Panek the proclamation. Members of the Oshkosh Civility Project, including Walter Scott, presented Ms. Panek with a Champion of Civility award. PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 CITIZEN STATEMENTS Jane Daughery, 11 Cannif Court, explained Water City Speakers Group had started as a division of Toastmasters in the City. She stated the group met at Fox Valley Technical College in room 115, on the first and third Monday of each month from 5:30 p.m. to 6:30 p.m. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Oshkosh Public Museum Minutes from June 7, 2018 Receipt & Filing of Oshkosh Public Library Minutes from June 28, 2018 Receipt & Filing of Common Council Minutes from July 24, 2018 Resolution 18-408 Approve Purchases of Traffic Signal Equipment from TAPCO, Traffic Signal Camera from GRIDSMART Technologies Inc., Street Light Poles & Arms from Enterprise Lighting LTD & Street Light Fixtures from Viking Electric Supply for the Oshkosh Avenue Redevelopment Infrastructure Improvements Project ($126,064.53) Resolution 18-409 Approve Operations Budget Amendments Resolution 18-410 Accept Historic Sign Marker Easement at 234 Church Avenue (Plan Commission Recommends Approval) Resolution 18-411 Approve General Development Plan & Specific Implementation Plan Amendment for Property Located at 2351 Westowne Avenue (Plan Commission Recommends Approval) Resolution 18-412 Approve Conditional Use Permit & General Development Plan for a Community Living Arrangement Located at 3800 Jackson Street (Plan Commission Recommends Approval) Resolution 18-413 Approve Conditional Use Permit for Outdoor Storage Area; 3300 Medalist Drive (Plan Commission Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 Resolution 18-414 Approve Amendment to Specific Implementation Plan for Signage Located at 1863 Jackson Street (Plan Commission Recommends Approval) Resolution 18-415 Approve Amendment to Specific Implementation Plan for Signage Modification for Verve Credit Union; 1000 Block of N. Washburn Street (Plan Commission Recommends Approval) Resolution 18-416 Approve Offer to Purchase Southwest Industrial Park Land to Hector Hinojosa; East of 2900 Atlas Avenue ($249,776.00) Resolution 18-417 Approve Cooperative Agreement with the State of Wisconsin Department of Transportation for Wisconsin Continuously Operating Reference Stations (WISCOR) Network Resolution 18-418 Approve Appointment to the Public Arts & Beautification Committee Resolution 18-419 Approve Block Party — Becca Cherwin to utilize Woodstock Street between Fox Trail Lane & the intersection of Monclair Place & Bernheim Street to hold their neighborhood block party/August 25, 2018 Resolution 18-420 Approve Block Party — Kylee Nelson to utilize Nebraska Street between 22nd Avenue & 23rd Avenue to hold their block party / August 18, 2018 Resolution 18-421 Approve Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 18-422 Approve Final Plat known as Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri 3 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 Resolution 18-423 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 MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Resolution 18-424 Accept&Approve Waiver of Special Assessment Notices &Hearing in Connection with Improvements — Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Resolution 18-425 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 MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Resolution 18-426 Approve Developer's Agreement / Pickart Estates, Phase 1; North 3300 Block of West 91h Avenue MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Council Member Herman stated there had been concerns with various developer agreements in the past. He questioned if the agreement had been thoroughly reviewed for the new subdivision as there had been several delays bringing the document before Council. Ms. Lorenson explained there were financial guarantees in place including a letter of credit for the privately paid portion of the development. She stated the delays had been 4 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 related to the titling of the property; it had not been concerns related to financing. Council Member Herman stated he believed it was a solid contract. He explained the developer agreement ensured the developer would maintain their commitments and not shift the responsibility onto the property owners. Deputy Mayor Palmeri questioned if there was a map included to show where the development was located. Darryn Burich, Planning Services Manager, presented a map. Council Member Mugerauer stated he understood there was a small buffer between the subdivision and the church to the east, as well as between the subdivision and Clairville Road. Council Member Palmeri questioned if there was park land dedication. Mr. Burich stated yes. Council Member Palmeri questioned where that was located. Mr. Burich indicated the location on the plat map. Resolution 18-427 Approve Long-Term Maintenance Agreement & Storm Water Management Facility Maintenance Agreement for Pickart Estates, Phase 1 MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Resolution 18-428 Approve Settlement Agreement with Lowes, Inc., for Property Tax Assessment for Tax Years 2016-2018 for Property located at 1075 North Washburn Street MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Council Member Mugerauer stated the City, County and School District had been 5 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 required to refund tax dollars. He explained it was important to note that the dark store tax concern did not impact just City tax dollars, the School District also lost revenue. Resolution 18-429 Grant Noise Variance Request to AT&T for Construction work at North Main Street & Washington Avenue / August 181h-191h or August 25th-26th MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Council Member Mugerauer stated it was his understanding if AT&T planned to complete work over the weekend, they should have posted a seven day notice regarding construction. He explained he had not seen any signs posted on Main Street and expressed concern regarding the farmers market. He questioned what the public could expect to experience. Steve Gohde, Assistant Director of Public Works, explained it was anticipated the contractor would complete the saw-cutting during the workweek. He stated the variance would allow the contractor to start earlier than the normal 7:00 a.m. start time to allow the concrete to be broken in the intersection prior to the start of the farmers market. Council Member Mugerauer stated he believed there would still be an impact as the farmers market was adjacent to that intersection. Mr. Gohde stated that was correct. Council Member Mugerauer questioned if City staff had talked with the farmers market organizers regarding the potential impact. Mr. Gohde explained he understood there was not significant concern as the booths located near the intersection were not concerned about dust or noise. Mr. Rohloff stated he would make sure Kathy Snell, Special Events Coordinator, notified the farmers market, and thanked Council Member Mugerauer for the suggestion. Council Member Herman explained he recalled food vendors located close to the intersection. He stated he believed the vendors should be notified in advance. He questioned if there was an option between August 181h— 19th and August 251h—26th 6 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 Mr. Gohde stated August 251h — 261h had been included as an option in the event of inclement weather. Council Member Mugerauer explained it was noted that the contractor would post warning signs seven days prior to closure and he had not seen anything posted as of yet. Mr. Gohde stated if it had not been posted, the contractor would not be able to work the weekend of August 181h— 19th Ordinance 18-430 Establish Street Grades / Pickart Estates, Phase 1; North 3300 block of West 9th Avenue MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Ordinance 18-431 Authorizing Public construction for Pickart Estates, Phase 1; North 3300 block of West 9th Avenue MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Ordinance 18-432 Approve Closure of 9th Street Road (West 9th Avenue) from Linden Oaks Drive to the Proposed Paul's Place MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri Council Member Mugerauer noted a date that needed to be corrected within the ordinance. He explained it was stated the ordinance would be approved on August 9th, 2018, while the correct date was August 15th, 2018. Ms. Ubrig stated it would be corrected. Ordinance 18-433 Adopt General Retention/Disposition Schedules pertaining to Police Department Records & Telephone & Video Surveillance Records related to City Facilities & Amend Public Records Ordinance to include Definitions & Clarify Provisions pertaining to City Audits FIRST READING; LAID OVER UNDER THE RULES 7 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 Ordinance 18-434 Approve Zone Changes from Institutional (I) to Institutional with Planned Development Overlay (I-PD) for Property Located at 1331 High Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-435 Approve Temporary Closure of North Main Street at Washington Avenue for Construction Work / August 181h-191h or August 25th-26th (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (4) Herman, Allison-Aasby, Mugerauer, Deputy Mayor Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mr. Rohloff explained the second budget workshop was scheduled for August 22nd at 5:00 p.m. in room 404 at City Hall. He stated Oregon Street was currently under construction, and due to the requirements to remain compliant with truck turning radiuses and other items, City staff had made changes to the painting of lines. He explained Council would need to approve any changes in parking. He stated the parking would be more restrictive than originally planned, and City staff and Council had received numerous inquiries regarding this concern. He explained Steve Gohde, Assistant Director of Public Works, would need to review what was constructed to see if it matches the original plans, and the topic would be brought before Council thereafter. Council Member Herman stated traditionally, these types of changes were first reviewed by various boards and commissions. He questioned if they would be involved, or if that step would not be taken due to the stage of the project. Mr. Rohloff explained he believed it would be appropriate for the traffic and parking advisory review board to discuss the topic. Council Member Herman stated he had viewed the site in question, and while he could understand why they removed the parking, he was concerned that it was not what had 8 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 originally been decided upon. He explained he understood it was a truck route, which required specific parameters, however, businesses would be lacking parking for both patrons and delivery trucks. He questioned if the street was wide enough for a designated left turn lane. Mr. Rohloff stated it was, although parking would be impacted. Deputy Mayor Palmeri explained it was her understanding portions of the street were scheduled to be open in the near future. She questioned if this would delay the process. Mr. Rohloff stated no. He encouraged citizens to follow the current paint job, and when Council made a decision, enforcement would begin. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member statements or announcements. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained by law, the City was not required to adopt an ordinance regarding regulating the operation of commercial quadricycles(pedal pubs),as State law could govern that area. He explained the State law would not address local concerns, therefore City staff was working to draft an ordinance. He presented several photos of pedal pubs to show their size, and explained they wanted to make sure the route was located in the correct spot. Deputy Mayor Palmeri questioned if the pedal pubs would require a liquor license. Ms. Lorenson explained the pedal pubs did not serve alcohol; citizens would bring their own beverage from a licensed establishment. Deputy Mayor Palmeri questioned of the'no carry out' of open intoxicants beyond fencing at establishments would be addressed. Ms. Lorenson explained she had not seen that specific point addressed in other ordinances. 9 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 15, 2018 Mr. Rohloff stated it was those types of details City staff was working through. Council Member Allison-Aasby explained she had travelled to several cities that had pedal pubs, and she had learned there was significant liability for the operator of the pedal pub and most policies stated they had the right to refuse anyone from boarding. She stated from what she had seen, people enjoyed the pedal pub experience. Mr. Rohloff stated the Oshkosh Corporation update had been provided in the Council packets. MOTION: ADJOURN (Mugerauer; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 6:50 p.m. PAMELA R. UBRIG CITY CLERK 10