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HomeMy WebLinkAboutMinutes from 10/27/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O fHKC) fH REGULAR MEETING held Tuesday, October 27, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Jessica King, Bob Poeschl, Burk Tower, Dennis McHugh, Harold Buchholz, Tony Palmeri and Mayor Esslinger ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member King read the Invocation. The Pledge of Allegiance was led by Erik Schwartz from St. John Neumann School. PUBLIC HEARINGS Resolution 09 -399 Approve Final Resolution Vacating Portion of Alley North of East Linwood Avenue between Ashland Street and Harrison Street (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Resolution 09 -400 Approval Final Resolution Vacating Portion of Rainbow Drive West of Punhoqua Street (Plan Commission Recommends Approval) Bruce Sager, 1703 Punhoqua Street, stated that he would like to build a garage on the property and questioned if Public Works had concerns. Steve Gohde, Assistant Director of Public Works, explained the concerns would be if there were utilities buried on the parcel. There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 Ordinance 09 -401 Approve Zone Change from M -2 Central Industrial to C -1 Neighborhood Business / 1000 Block West Murdock Avenue (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING MOTION: SUSPEND RULES FOR CONSIDERATION (McHugh; second, Palmeri) CARRIED: Ayes (6) King, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger; Noes (1) Poeschl MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Tower Council Member Tower questioned the reason for waiving the rules. Ms. Lorenson explained that Century Oaks LLC requested waiving the rules due to winter approaching they would like to start poring the concrete and move forward with construction. Ordinance 09 -402 Approve Zone Change from R -2 Two Family and M -2 Central Industrial to C -3 Central Commercial with a Planned Development Overlay / North Side West 6 Avenue, West of Oregon Street, Extending Westerly to City -Owned Lands at the Intersection of Michigan Street and West 4 Avenue (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -403 Approve Official Mapping of Riverwalk on South Side of Fox River Extending Westerly from Oregon Street to West 4th Avenue (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -404 Approve Official Mapping of West 4 Avenue Extended and Iowa Street Extended at the Iowa Street / West 4 Avenue / West 5 Avenue Intersection (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES PROCEEDINGS OF THE COMMON COUNCIL — OCTOBER 27, 2009 CONSENT AGENDA Approval of Minutes from October 13, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Approval of Cash Report from September 2009. Receipt and Filing of Museum Board Minutes from September 3, 2009. Approval to the Downtown Oshkosh Business Improvement District Marketing Consortium / Utilize 400 East Parking Lot for celebration of its Completion / November 7, 2009. Approval to Festival Foods / Utilize City Streets for their 2 nd Annual Turkey Trot Walk or Run / November 26, 2009. Receipt of Claim filed with the City's Insurance Company / American Family Insurance (Brian and Anne Kienert, 1647 Sanders Street) for property damages alleged from a sewer back -up. Resolution 09-405 Resolution Designating Spot Blight of Project Site Located at 1508- 1550 South Koeller Avenue (The Shops at Market Fair Project) Resolution 09 -406 Resolution Designating Spot Blight of Project Site Located at 524 North Koeller Street (River Valley One, LLC Project) Resolution 09 -407 Initial Resolution Regarding Industrial Development Revenue Bond Financing to Benefit Dermatology Associates of Wisconsin, S.C. Resolution 09 -408 Approval of Change Order No.1 for Public Works Contract No. 09 -04 with Carl Bowers and Sons Construction Co. Inc for Concrete Paving and Utilities ($44,434.82) Resolution 09 -409 Disallow Claim by Juliet McCorkle (alleged damage to vehicle tire as a result of hitting an object in the road) Resolution 09 -410 Approve Special Class "B" License and Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 09 -406 (Tower; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger 3 PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 Resolution 09 -406 Resolution Designating Spot Blight of Project Site Located at 524 North Koeller Street (River Valley One, LLC Project) MOTION: ADOPT (McHugh; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Council Member Poeschl stated that he had concerns with how areas were determined blighted. Lynda Templen, Bond Council with Whyte Hirschboeck Dudek S.C., explained that a blighted area was determined by the municipality and blighted did not indicate that the land was undevelopable. She stated that the term blight was used as a tool in development projects. Council Member Poeschl questioned why the City was allowing development in a flood plain. Mr. Rohloff explained that the property would be elevated prior to development. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -411 Approve Creation of Urban Wildlife Advisory Committee MOTION: ADOPT (Poeschl; second, Palmeri) MOTION: AMEND MEMBERSHIP TO NINE INDIVIDUALS; TERMS LISTED AS; 2 MEMBERS WITH ONE (1) YEAR TERM; 3 MEMBERS WITH TWO (2) YEAR TERMS; 3 MEMBERS WITH THREE (3) YEAR TERMS AND COUNCIL REPRESENTATIVE WITH ONE (1) YEAR TERM (Esslinger; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Council Member Buchholz questioned if the ordinance should designate staff to serve on the committee. Mr. Rohloff explained that John Fitzpatrick would be filling in as the staff member until the Parks Director was hired. He explained that by not designating a department or staff, it remained flexible and the position would be designated by the City Manager. Council Member King suggested leaving the ordinance as it was and let the City Manager be responsible for designating staff to serve on the committee. 4 PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 Deputy Mayor Palmeri thanked the Mayor for following through with his campaign promise to create the Urban Wildlife Advisory Committee. He stated that although committees can not always solve the problem, they provide a valuable purpose by allowing citizens to agree to disagree. Mayor Esslinger questioned how often and what time the committee would meet. Ms. Lorenson explained that at their first meeting, the committee would determine a time, date and place to meet. Mr. Rohloff explained that the committee members would be contacted to set up the first meeting. He stated that the first meeting would be for organization and selecting a chair. He stated that the City Attorney would attend to provide guidelines regarding the rules for hosting a public meeting. Ordinance 09 -412 Approve Creation of Long Range Finance Committee MOTION: ADOPT (Palmeri; second, Poeschl) MOTION: AMEND MEMBERSHIP TO NINE INDIVIDUALS; TERMS LISTED AS; 2 MEMBERS WITH ONE YEAR TERM; 2 MEMBERS WITH TWO YEAR TERMS; 3 MEMBERS WITH THREE YEAR TERMS AND 2 COUNCIL REPRESENTATIVES WITH ONE YEAR TERM EACH (Esslinger; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Deputy Mayor Palmeri stated that he had met with the City Manager and the Director of Finance regarding the direction the committee would take. He questioned if the Finance Director would be the staff person on the committee. Mr. Rohloff stated that the Finance Director would be the staff person on the committee. Deputy Mayor Palmeri urged the Council to support the ordinance. Mayor Esslinger questioned if the Deputy Mayor was satisfied with the number of members. Deputy Mayor Palmeri stated that he was satisfied; however he was not opposed to having more members. He stated that he thought it may be difficult to receive a larger number of applicants. Mayor Esslinger questioned the deadline for applications. 5 PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 Mr. Rohloff explained that the applications would start immediately and the deadline would be December 1 He stated that appointment of members to the committee would be after the holidays. Mayor Esslinger announced that applications could be obtained from the City Manager's office and from the City's website. Ordinance 09 -413 Approve Request to Attach to the City of Oshkosh from the Town of Algoma / Arnold ussen-Hartzeim Voluntary Attachment 1900 -1940 South Washburn Street MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Ordinance 09 -414 Approval of Changes to Short -Term Parking Areas in the Jefferson Lot and Permit Parking Areas in the Otter East Parking Lot FIRST READING; LAID OVER UNDER THE RULES Ordinance 09 -415 Approval of Parking Regulation Changes on Iowa Street, Minnesota Street, Sterling Avenue, 6 th Avenue and 18 Avenue FIRST READING; LAID OVER UNDER THE RULES Resolution 09 -416 Disallow Claim by Frank St. John (for vehicle damages alleged from a sign obstruction) MOTION: ADOPT (Buchholz; second, McHugh) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Frank St. John, 1936 Oregon Street, appeared before the Council to answer questions. Resolution 09-417 Approve Appointments to the following Boards and Commissions: Urban Wildlife Advisory Committee MOTION: ADOPT (Palmeri; second, Tower) MOTION: AMEND TO ADD WENDY SUZUKI AS AN APPOINTED COMMITTEE MEMBER AND TERMS AS LISTED: SUZUKI AND CRUBAUGH — ONE (1) YEAR TERM; BEETH, BULLINGTON AND STREETER — TWO (2) YEAR TERM; HALL, HRONIS AND VOSS - THREE (3) YEAR TERM; AND COUNCIL REPRESENTATIVE MCHUGH -ONE (1) YEAR TERM (Palmeri; second, Tower) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger 6 PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Resolution 09 -418 Approve Agreement with Oshkosh Convention and Visitors Bureau Inc. for Tourism Services MOTION: ADOPT (Buchholz; second, McHugh) MOTION: AMEND AGREEMENT TO TWO YEARS (Palmeri; second, McHugh) WITHDRAWN MOTION: AMEND AGREEMENT TO THREE YEARS (Palmeri; second, McHugh) CARRIED: Ayes (6) Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Noes (1) King Deputy Mayor Palmeri stated that he would support the renewal; however he suggested the term be less than five years. Ms. Lorenson explained that the contract could be terminated with a six month notice. Deputy Mayor Palmeri stated that he was concerned that a longer length term would decrease the pressure from moving forward with alternative models relating to Convention and Visitor's Bureau tourism services. Council Member Tower stated that a longer term was more appropriate for commitment. He suggested that the Convention and Visitors Bureau provide an annual written report along with review in person. Council Member McHugh stated that although the Convention and Visitor's Bureau had done an outstanding job, he supported the two year term. Council Member King stated that a five year term showed commitment and the length of the term would not halt discussions of alternative solutions. Council Member Buchholz stated that he would support a three year term. Mayor Esslinger stated that he would support a three year contract. Resolution 09 -419 Approve Conditional Use Permit for Century Oaks LLC to Construct an Assisted Living /Residential Care Facility in the 1000 Block of West Murdock Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Buchholz) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger 7 PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 Resolution 09-420 Approve Recommendations for Storm Water Management in the Campbell Creek and Sawyer Creek Drainage Basin MOTION: ADOPT (Poeschl; second, Buchholz) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Kay Watkins, 1521 Westhaven Circle, urged Council to support the resolution. She suggested the City use the six acre parcel of land located south of the Westhaven Golf Course as a detention /retention pond. She urged to have the Storm Water Management Committee meetings be televised as well as the minutes available on the website. She provided a copy of a petition from citizens requesting the meetings be televised. She stated that she had concerns with the committee not meeting on a regular basis and that there was no Council Member as a liaison. Mayor Esslinger explained that there could be conflict with staff and other televised meetings and that may be the reason it was not televised. Mr. Gohde explained that the committee met on an as needed basis and the resolution was not taken to the committee. Council Member McHugh stated that the storm water issues were top concern of City staff and that staff was working on the issues. He urged that the Newport Avenue area take priority. Resolution 09 -421 Determination of Necessity to Acquire Property at 137 South Campbell Road MOTION: ADOPT (Buchholz; second, Poeschl) CARRIED: Ayes (7) King, Poeschl, Tower, McHugh, Buchholz, Palmeri, Mayor Esslinger Mr. Rohloff explained the purpose was to allow the City to qualify for exemptions and not to purchase the land. CITIZEN STATEMENTS Steve Barney, 1335 Summit Avenue, explained that he had been advocating for 350.org and what that meant. He stated that he was concerned that the City government wanted to model as a business. D PROCEEDINGS OF THE COMMON COUNCIL - OCTOBER 27, 2009 COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mayor Esslinger announced that November 3d at 5 pm there was a Budget workshop scheduled; November 17 was the Budget and CIP workshop and on November 19 the Strategic Planning Work Session scheduled at the Senior Center at 5:30 pm. He suggested including all of the applications submitted for boards and committees in the agendas not only the appointed ones. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that the 3 I Quarter Financial Review was included and the estimates were consistent with the report. MOTION: ADJOURN (Palmeri; second, McHugh) CARRIED: VOICE VOTE The meeting Adjourned at 7:20 p.m. PAMELA R. UBRIG CITY CLERK E