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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O.fRnM ON THE WATER REGULAR MEETING held Tuesday, April 12, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Burk Tower, Tony Palmeri, Steve Cummings, Jessica King, Steven Herman and Mayor Paul Esslinger EXCUSED: Bob Poeschl ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Tower read the Invocation. The Pledge of Allegiance was led by Ethan Stelzer and Megan Schulte from Webster Stanley Elementary School; and, Dorian Wilkerson and Sophie Peerenboom from Webster Stanley Middle School Mayor Esslinger announced that Council Member Announcements and Statements would be moved to the end of the agenda and if anyone wished to speak about outgoing council members they should do so during Citizen Statements. CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, was concerned about students smoking on the corner of Porter Avenue and Hawk Street. Ben Schneider, 2891 Ruschfield Drive, thanked the outgoing council members and Mayor Esslinger for their service to the community. Lori Hoover, 212 W. Parkway Avenue, represented the Middle Village Neighborhood Association which was bounded by Division Street, Franklin Street, Irving Avenue, and Church Avenue. She urged the Council to direct the Parks Department to incorporate pocket parks in central city neighborhoods in their Comprehensive Parks and Recreation Plan. She would also like neighborhood groups to be included and have input in the comprehensive plan. Amy Klemp, 665 Frederick Street, was a resident and co- coordinator of the Middle Village Neighborhood Association. She requested that her neighborhood group be included in future Comprehensive Parks and Recreation Plans. 1 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 12, 2011 Dennis McHugh, 1220 Greenfield Trail, commended Mayor Esslinger for his service as Mayor and his years on the Council. Steve Barney, 1330 Summit Avenue, was concerned about the greenhouse gas emissions of the City. PUBLIC HEARING Ordinance 11 -144 Approve Rezoning of the former Deltox Property and Carl E. Steiger Park between Wisconsin Street and Vacated Osceola Street from M -2 Central Industrial to R -5 Multiple Dwelling with a Planned development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Bernie Pitz, 617 W. Irving Avenue, asked if the former Deltox Property had been sold to the university. Mr. Rohloff replied that the Council had approved the sale of the former Deltox Property, however the transaction had not yet been closed. Mr. Pitz asked if the property was appraised as being in an R -5 zone or an industrial zone. Mr. Rohloff explained the property was appraised at the highest and best use for the property and the zoning of the property was not considered in the dollar amount. Resolution 11 -145 Approval of Final Resolution for Special Assessments / Sanitary Sewer and Water Main (Koeller Street) MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Resolution 11 -146 Approval of Final Resolution for Special Assessments / Concrete Driveway Approach (Packer Avenue) MOTION: ADOPT (Palmeri; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Resolution 11 -147 Approval of Final Resolution for Special Assessments / Sidewalk, Driveway and Laterals (9 Avenue) MOTION: ADOPT (Palmeri; second, Herman) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Nick Nienhaus, 1435 W. 9 th Avenue, was concerned that he was being charged to replace the same sidewalk squares that he paid to have replaced two years previously. 0) PROCEEDINGS OF THE COMMON COUNCIL — APRIL 12, 2011 Steve Gohde, Assistant Director of Public Works offered to go to Mr. Nienhaus' property and explain to him the proposed work to be done there. Keith Foster, 1425 W 9 th Avenue, stated his concern about the flooding in his neighborhood and suggested the City add more catch basins as long as they were digging up the area. Mr. Patek explained that the flooding in the 1400 block of 9 th Avenue would be addressed by placing more detention basins in the Campbell Creek Watershed. He explained the City had plans to build three more detention basins in addition to the one completed at Perry Tipler School. Mr. Gohde added the City was exploring the possibility of adding two inlets to the project to help alleviate flooding in the 1400 block of 9 th Avenue. Resolution 11 -148 Approval of Final Resolution for Special Assessments / Sanitary Sewer, Water Main and Laterals, Grading, Graveling and Asphalt Paving (Plainview Drive) MOTION: ADOPT (Palmeri; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Resolution 11 -149 Approval of Final Resolution for Special Assessments / Sanitary Sewer and Water Main (Koeller Street) MOTION: ADOPT (Palmeri; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger CONSENT AGENDA Approval of Bills Presented by the Finance Director Receipt and filing of Common Council Minutes from March 22, 2011 Approval of Cash Report from February, 2011 Receipt and filing of Library Board Minutes from February 24, 2011 The City of Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 5, 2011 Election for the City of Oshkosh Mayor declaring Burk Tower as elected; and, for the City of Oshkosh Common Council declaring Bob Poeschl and Deb Allison -Aasby as elected Receipt of Claim filed with the City's Insurance Company / Xee Lao for alleged damages to her vehicle as a result of hitting a pot hole 3 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 12, 2011 Receipt of Claim filed with the City's Insurance Company / Gwen Panske for alleged damages she sustained while a passenger on the City bus Resolution 11 -150 Approve Determination of Necessity; Establish Fair Market Value; Authorize Acquisition of Vacant Property South of 1200 South Oakwood Road for Storm Water Detention Purposes (Plan Commission Recommends Approval) Resolution 11 -151 Establish Fee Schedule for Parking Utility Resolution 11 -152 Award Bid to Monroe Truck Equipment for stainless dump body with hoist for Forestry Division ($20,980.00) Resolution 11 -153 Establish Revised Water Rates Resolution 11 -154 Approve Amendment to Testing Agreement with Badger Laboratories and Engineering Resolution 11 -155 Disallow Claim by Garry Decker (for alleged damages as a result of water in his basement) Resolution 11 -156 Disallow Claim by Xee Lao (for alleged damages as a result of hitting a pothole) Resolution 11 -157 Disallow Claim by Terri hacker (for alleged bodily injuries as a result of an uneven roadway) Resolution 11 -158 Disallow Claim by Michael, Peggy and Kaine Thompson (for alleged bodily injuries due to vehicle accident with City employee) Resolution 11 -159 Approval of Special Event — Oshkosh Festivals Inc. to Utilize Leach Amphitheater, Riverside Park Parking Lot and City Streets for Oshkosh Irish Fest and 5K — June 3, 4, and 5, 2011 Resolution 11 -160 Approve Special Class "B" Licenses, Agent Change for Combination "Class B" License, Combination "Class B" License, Class "B" Fermented Malt License, Class "A' Fermented Malt License Operator Licenses and Taxicab Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM NUMBER TEN (Palmeri; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger The City of Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 5, 2011 Election for the City of Oshkosh Mayor declaring Burk Tower as elected; and, for the City of Oshkosh Common Council declaring Bob Poeschl and Deb Allison -Aasby as elected M PROCEEDINGS OF THE COMMON COUNCIL — APRIL 12, 2011 MOTION: AMEND TO DIVIDE: A) THE CITY OF OSHKOSH BOARD OF CANVASS FILING OF THE OFFICIAL STATEMENT OF VOTES CAST FOR THE APRIL 5, 2011 ELECTION FOR THE CITY OF OSHKOSH MAYOR DECLARING BURK TOWER AS ELECTED; AND, B) THE CITY OF OSHKOSH BOARD OF CANVASS FILING OF THE OFFICIAL STATEMENT OF VOTES CAST FOR THE APRIL 5, 2011 ELECTION FOR THE CITY OF OSHKOSH COMMON COUNCIL DECLARING BOB POESCHL AND DEB ALLISON -AASBY AS ELECTED (King; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger The City of Oshkosh Board of Canvass Filing of the Official Statement of Votes Cast for the April 5, 2011 Election for the City of Oshkosh Mayor Declaring Burk Tower as Elected MOTION: ADOPT (King; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger The City of Oshkosh Board of Canvass Filing of the Official Statement of Votes Cast for the April 5, 2011 Election for the City of Oshkosh Common Council Declaring Bob Poeschl and Deb Allison -Aasby as Elected MOTION: LAY OVER UNTIL APRIL 19, 2011 MEETING (King; second, Palmeri) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance l l -161 Approve Zone Change from C -3 Central Commercial to R -2 Two Family Residence for area bounded by Court Street / Broad Street / Waugoo Avenue / Otter Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Palmeri) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Ordinance 11 -162 Approval of Changes in Permit Parking, Leased Parking and Short- Term Parking in the Otter East and Jefferson Parking Lots, and Revision of All Night Parking Restriction in Municipal Parking Lots MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger Ordinance l l -163 Removal of Designated Handicapped Parking Area on Church Avenue MOTION: ADOPT (Palmeri; second, Cummings) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger 5 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 12, 2011 Ordinance 11 -164 Approve Amendment to Section 25 Streets and Sidewalks to Create Sidewalk Cafe /Outdoor Seating Regulations in the Public Right -of -Way on North Main Street (BID Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Gaella Bucholtz, 116 W. Irving Avenue, was opposed to the ordinance citing noise concerns. Bernie Pitz, 617 W. Irving Avenue, stated the ordinance did not abide by State Statutes regarding sidewalks. Ms. Lorenson stated in her opinion the ordinance did not conflict with State Statutes regarding sidewalks. Maureen Laskey, 120 Jackson Street, represented the Business Improvement District (BID), stated her support of the ordinance and believed it was a step forward in bringing tourists to the downtown area. Resolution 11 -165 Declare and Approve Disposition of Surplus Property at 1039 -1041 West South Park Avenue and 1043 -1045 West South Park Avenue to Habitat for Humanity of Oshkosh Restore MOTION: ADOPT (Palmeri; second, Herman) CARRIED: Ayes (5) Tower, Palmeri, Cummings, King, Herman; Noes (1) Mayor Esslinger COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff stated the Sustainability Advisory Board would like to have a workshop with the Council to discuss sustainable street widths. Council Member Herman would like to discuss with the incoming council members the benefits of them touring all of the departments in the City. CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, stated her concerns about people trespassing on the railroad property in front of her house. She was also concerned about a neglected property near 11 Avenue and Ohio Street. 2 PROCEEDINGS OF THE COMMON COUNCIL — APRIOZ 2091 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the City sought proposals for engineering services from River Valley Testing Corp. for 2011 Capital Improvement Projects. The City also hired Alfred Benesch and Company for engineering services related to the Tipler School area storm sewer construction project. He explained the process regarding Burk Tower's vacant council seat, questionnaires would be accepted through May 12 for people interested in applying. The Council would interview candidates at the May 24 Council Meeting. He also explained there was a public hearing on the state budget on April 13 at the Pickard Auditorium in Neenah. Finally, American Transmission Company (ATC) and the residents of Rivermill Condominium met to discuss the intention of ATC erecting metal power poles along the Fox River. He did not feel there was anything the City could do as far as legislation to stop the implementation of the power poles. He felt the best line of defense for the residents of the Rivermill Condominiums was with the Public Service Commission. COUNCIL MEMBER ANNOUNCEMENT & STATEMENTS Mr. Rohloff thanked Mayor Esslinger for his years of service and commitment to the community. Mayor Esslinger presented plaques to outgoing Council Member Tony Palmeri and Deputy Mayor Jessica King. Deputy Mayor King thanked Mayor Esslinger for his commitment to the City and presented him with a plaque. Mayor Esslinger reflected on his nine years of service as a both a council member and the mayor. MOTION: RECESS UNTIL NOON ON APRIL 19, 2011 (King; second, Palmeri) CARRIED: Ayes (6) Tower, Palmeri, Cummings, King, Herman, Mayor Esslinger The meeting recessed at 7:30 p.m. PAMELA R. UBRIG CITY CLERK 7