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HomeMy WebLinkAboutCommon Council Minutes 4/26/11PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O1HP 0 ON THE WATER RECESSED MEETING held Tuesday, April 19, 2011 at noon in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Steve Herman, Bob Poeschl, Burk Tower, Tony Palmeri, Jessica King, Steven Cummings, and Mayor Paul Esslinger ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, and Lynn Lorenson, City Attorney 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: ADOPT (Mayor Esslinger; second, Palmeri) CARRIED: Ayes (6) Herman, Tower, Palmeri, King, Cummings, and Mayor Esslinger Present (1) Poeschl MOTION: ADJOURN SINE DIE (Palmeri; second, Cummings) CARRIED: Herman, Poeschl, Tower, Palmeri, King, Cummings, and Mayor Esslinger The meeting adjourned at 12:04 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OIHP O ON THE WATER ORGANIZATIONAL MEETING held Tuesday, April 19, 2011 at 12:05 pm in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Steven Herman, Bob Poeschl, Deb Allison - Aasby, and Mayor Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk and Lynn Lorenson, City Attorney NOTE: Newly elected Mayor, Burk Tower, along with newly elected Council Members, Deb Allison -Aasby and Bob Poeschl, took their oath of office which was administered by the City Clerk. Mayor Tower called three times for nominations of Deputy Mayor for the Common Council. Council Member Cummings nominated Council Member Herman. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR & DECLARE STEVEN HERMAN AS DEPUTY MAYOR (Herman; second, Cummings) CARRIED: Ayes (4) Allison - Aasby, Cummings, Poeschl, Mayor Tower Present (1) Herman The Council seating assignments were decided as follows: (starting with the seat farthest to the right of the Mayor) vacant, Deb Allison - Aasby, Steve Herman, Burk Tower, Bob Poeschl, vacant, Steve Cummings. A workshop on sustainable street widths proposed by the Sustainability Advisory Board was scheduled for May 10 Mayor Tower would like to reschedule the workshop for a meeting in June after the two vacant council seats were filled. Council Member Poeschl asked if rescheduling the sustainable street widths meeting would have an impact on the 2011 street paving projects. Mr. Rohloff stated the sustainable street widths meeting would not impact the paving projects for 2011. TOURS OF CITY DEPARTMENTS FOR COUNCIL MEMBERS Mr. Rohloff informed the Council that tours of City Departments were available and they should contact Dean Leisgang, Communications Coordinator. PROCEEDINGS OF THE COMMON COUNCIL — APRIL 19, 2011 DISCUSSION OF COUNCIL RULES Mayor Tower explained the Council would review the current Council Rules to determine if any changes should be made. Council Member Herman thought the Council should review the Council Rules after the two vacant Council seats were filled. The Council decided to review the Council Rules after the two vacant Council seats were filled. Mayor Tower asked the Council if they had questions regarding the Council Rules that they would like researched by City Staff. He would like to know if the common councils of other municipalities had rules regarding council members communicating electronically during council meetings. Council Member Cummings would like to know how councils of other municipalities handle the length of citizen statements, the frequency of citizen statements during meetings, and the placement of citizen statements on the agenda. DISCUSSION OF AGENDA FORMAT The Council decided to review the agenda format after the two vacant Council seats were filled. There was no other business before the Council. MOTION: ADJOURN (; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 12:20 p.m. PAMELA R. UBRIG CITY CLERK o: PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O.IHk H ON THE WATER REGULAR MEETING held Tuesday, April 26, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bob Poeschl, Steve Cummings, Steven Herman, Deb Allison - Aasby, and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Shane Lenz and Zach Becker from Oshkosh North High School The City of Oshkosh Board of Canvass filing of the Recount Statement of Votes Cast for the April 5, 2011 Election for the Common Council declaring Tom Pech, Jr., as elected MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (5) Poeschl, Cummings, Herman, Allison - Aasby, Mayor Tower NOTE: Newly elected Council Member Tom Pech, Jr., took his oath of office which was administered by the City Clerk. NOTE: Council Member Tom Pech, Jr., joined the Council choosing to occupy the second seat to the left of the Mayor. PROCLAMATIONS A proclamation was presented by Mayor Tower declaring May 5, 2011, as National Day of Prayer in the City of Oshkosh. A proclamation was presented by Mayor Tower declaring the week of May 1 through May 7, 2011, as National Public Service Week in the City of Oshkosh. CITIZEN STATEMENTS There were no citizen statements 1 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 CONSENT AGENDA Approval of Bills Presented by the Finance Director Receipt and filing of Common Council Minutes from April 12, 2011 Receipt and filing of Museum Board Minutes from March 3, 2011 Approval of Cash Report from March, 2011 Receipt of Claim filed with the City's Insurance Company / Scott Langkau for alleged damages as a result of sewer damage Resolution 11 -166 Approve Release of Utility Easements within Vacated Eastman Street on Property at 1402 Mount Vernon Street (Plan Commission Recommends Approval) Resolution 11 -167 Approve Planned Development for Temporary Parking Lot at 3665 South Washburn Street (Plan Commission Recommends Approval) Resolution 11 -168 Approve Conditional Use Permit for the Adaptive Reuse of a former Church and Rectory at 434 and 440 West South Park Avenue to Residential Condominium Units (Plan Commission Recommends Approval) Resolution 11 -169 Award Bid to Ewald's Hartford Ford Lincoln Mercury for Dual Wheel Cab Truck with Dump Body and Backpack for Water Distribution ($63,391.00) Resolution 11 -170 Award Bid for Public Works Contract No. 11 -05 to Carl Bowers and Sons Construction Company for Various Concrete Paving and Utility Projects — South Side Area ($5,985,920.25) Resolution 11 -171 Award Bid to L &S Truck Center for Dual Wheel Regular Cab Truck with Service Body for Central Garage ($95,421.00) Resolution 11 -172 Award Bid to Monroe Truck for Dump Body, Backpack, Crane and Hydraulics for Street Division ($33,231.00) Resolution 11 -173 Award Bid to Ewald's Chevrolet Buick for Y2 Ton 4WD Extended Cab Pickup with 6.5' Box for Street Division ($26,555.00) Resolution 11 -174 Award Bid to Packer City International for Single Axle Truck Chassis with Box, Plow and Wing for Street Division ($157,750.00) PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 Resolution 11 -175 Award Bid to Packer City International for Two (2) Tandem Dump Trucks w /Stainless Steel Box, Slide in V -Box with Pre -Wet Plow and Wing for Street Division ($359,540.00) Resolution 11 -176 Approve Annual Road materials Bid (Various) Resolution 11 -177 Award Bid to H.J. Martin and Son, Inc. for Carpeting Library Public Areas on First Floor and Lower Level ($110,960.00) Resolution 11 -178 Authorize Grant Application to the Wisconsin Department of Natural Resources for Targeted Runoff Management or Urban Nonpoint Source and Storm Water Grant Program Resolution 11 -179 Approval of Block Party Request — Boys and Girls Club on May 21, 2011 / Broad Street Between Parkway and the End of the Boys and Girls Club Parking Lot Resolution 11 -180 Approval of Block Party Request — John Popp (Park Ave Bar) "Get a Leg Up" on May 14, 2011 / Iowa Street Between 12 Avenue and South Park Avenue (Parking of Motorcycles) Resolution 11 -181 Approval of Special Event — Families of Hope to Utilize South Park for Families of Hope Walk — May 7, 2011 Resolution 11 -182 Approval of Special Event - HPER Club / UWO Physical Education Department to Utilize City Streets for Titan Triathlon - May 7, 2011 WITHDRAWN BY APPLICANT Resolution 11 -183 Approval of Special Event — IMBD Committee to Utilize Menominee Park for International Migratory Bird Day — May 7, 2011 Resolution 11 -184 Approval of Special Event — Pat Purtell to Utilize Menominee Park for Terry's Bar Walleye Tournament — May 21, 2011 Resolution 11 -185 Approval of Special Event — Oshkosh Garden Club to Utilize Front Grounds of Oshkosh Public Museum for Oshkosh Garden Club Plant Sale — May 21, 2011 Resolution 11 -186 Approval of Special Event — Paine Art Center and Gardens to Utilize Congress Avenue Between Algoma Boulevard and Elmwood Avenue for Festival of Spring — May 21, 2011 Resolution 11 -187 Approval of Special Event — Hmong Service Center, Inc. to Utilize Winnebago County Park and Soccer Complex for Asian Memorial Festival — May 28 and 29, 2011 3 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 Resolution 11 -188 Approval of Special Event — Oshkosh Patriotic Council to Utilize City Streets and Riverside Cemetery for Memorial Day Procession and Services — May 30, 2011 Resolution 11 -189 Approval of Special Event — Central Wis Auto Collectors to Utilize South Park for Central Wis Auto Collectors Car Show and Flea Market — June 26, 2011 Resolution 11 -190 Approval of Special Event — Oshkosh Sawdust Days Committee to Utilize City Streets for 5K Walk -Run in Conjunction with Festival on July 3, 2011 Resolution 11 -191 Approval of Special Event — Real men Wear Pink of WI, Inc. to Utilize Menominee Park Reetz Diamonds for Real Men Wear Pink Annual Softball Tournament — July 8,9 and 10, 2011 Resolution 11 -192 Approval of Special Event — UAW Local 578 Union Hall to Utilize City Streets for the King Run — July 9, 2011 Resolution 11 -193 Approval of Special Event — Paine Art Center and Gardens to Utilize Congress Avenue Between Algoma Boulevard and Elmwood Avenue for Faire on the Green — July 10, 2011 Resolution 11 -194 Approval of Special Event — Big Mac Media, LLC to Utilize Sunnyview Expo Center for Deer Fest — July 22, 23, and 24, 2011 Resolution 11 -195 Approval of Special Event — Badger State Outboards Association to Utilize Menominee Park for Shake the Lake — September 3 and 4, 2011 Resolution 11 -196 Approval of Special Event — UW- Oshkosh — Student Recreation to Utilize Grounds or Student Recreation / Wellness Center and Pearl Avenue for UWO Rec Fest — September 5, 2011 Resolution 11 -197 Approval of Special Event — Oshkosh Area Humane Society to Utilize South Park for Shelter Trek — September 10, 2011 Resolution 11 -198 Approve Appointments for the Following Boards and Commissions: Board of Review, Redevelopment Authority and Housing Authority Resolution 11 -199 Approve Agent Change for Combination "Class B" License and Combination "Class B" Licenses MOTION: ADOPT CONSENT AGENDA (Cummings; second, Herman) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison - Aasby, Mayor Tower 4 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -200 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) MOTION: ADOPT (Poeschl; second, Herman) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison - Aasby, Mayor Tower Council Member Herman questioned if the property was appraised as R -5 or an industrial zone. Mr. Rohloff explained the property was appraised at the highest and best use for the property. He stated the zoning of the property was not considered in the dollar amount. Ordinance 11 -201 Approve Amendment to Section 25 Street and Sidewalks to Create Sidewalk Cafe /Outdoor Seating Regulations in the Public Right -of -Way on North Main Street (BID Board Recommends Approval) MOTION: ADOPT (Cummings; second, Pech) MOTION: AMEND TO DELETE (E) RESTRICTION #11 - FOOD AND BEVERAGES MAY ONLY BE SERVED WITH PLASTIC, METAL OR PAPER DISHES OR CONTAINERS. GLASS OR CROCKERY SHALL BE PROHIBITED IN THE SIDEWALK CAF [t; AND, (F) SERVICE OF ALCOHOL BEVERAGES #6 — ALCOHOL BEVERAGES MAY ONLY BE SERVED IN PLASTIC, METAL OR PAPER CONTAINERS. GLASS OR CROCKERY SHALL BE PROHIBITED IN THE SIDEWALK CAFE (Allison - Aasby; second, Poeschl) CARRIED: Ayes (5) Poeschl, Pech, Cummings, Allison - Aasby, Mayor Tower Noes (1) Herman MOTION: VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison - Aasby, Mayor Tower Bernie Pitz, 617 W. Irving Avenue, stated the ordinance did not abide by State Statutes regarding sidewalks. He also expressed that serving alcohol outdoors violated the City's open intoxicant ordinance. Council Member Herman asked Ms. Lorenson for her interpretation of the State Statute that Mr. Pitz was referring to. PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 Ms. Lorenson stated the proposed ordinance was not in violation of State Statutes. The State Statute regarding sidewalks clearly gave Common Councils the ability by ordinance to implement provisions. The proposed ordinance still provided for a sidewalk to be maintained by the City. Council Member Herman asked Chief Greuel to address the open intoxicant issue brought up by Mr. Pitz. Chief Greuel stated as long as patrons were served and seated in the designated areas they would not be in violation of the open intoxicants ordinance. Additionally, businesses would be required to extend their liquor licenses to include outdoor seating. Maureen Laskey, 120 Jackson Street, was the current OAEDC BID downtown manager, and spoke in support of the ordinance. Council Member Allison -Aasby supported the ordinance, however she felt glassware should be allowed to be used as there were "finer establishments" that served wine and meals not suited for plastic ware. Council Member Herman did not support the use of glassware. He would rather wait a year to see if other issues arose and amend the ordinance at that time. Council Member Poeschl wanted to know when the bike racks and waste receptacles would be placed on Main Street. Ms. Laskey stated that the BID received all of the benches, bike racks, and other amenities for Main Street. Since the amenities were bolted to the concrete the BID wanted to work with the City to determine the best area for placement. The 400 block of N. Main Street would receive the amenities in time for the May Gallery Walk with the other blocks to follow. Council Member Poeschl wanted to know when the ordinance would take effect. Mr. Rohloff indicated the ordinance would take effect the day after it was published in the newspaper which would be April 30 Council Member Poeschl supported the use of glassware as there measures taken to ensure the safety of the public. Council Member Cummings stated it should be up to the merchants whether or not they wanted to use glass or plastic. He also wanted to know if smoking would be permitted in the outdoor cafes. Mr. Rohloff stated the intent would be that smoking would not be allowed, however he would research the answer and get back to the Council. C PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 Council Member Pech supported the amendment allowing glassware citing that business owners would act responsibly and clean up any broken glass. Ordinance 11 -202 Approve Amendment to Section 2 -38(A) BID Board Membership and Terms to Increase Membership to Include Two Alternates (BID Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A workshop on sustainable street widths was scheduled for June 14, 2011. Council Member Poeschl would research a potential workshop to learn about the Oshkosh Neighborhood Study. Council Member Herman requested an update on the guidelines and policies of the City's current and future TIF Districts. Mr. Rohloff stated the Council would see an update of the strategic plan in the near future. With respect to the TIF policy, Mr. Davis would provide the Council with a draft in the next few weeks. He thought it would be appropriate to plan a workshop regarding the strategic plan once the final council seat was filled. Council Member Herman urged the Council to review the City policy for residential snow and ice removal. Council Member Cummings requested an update on the status of a policy to bury power lines in older sections of the City. Mr. Patek stated his staff researched the ten largest communities in the State of Wisconsin and found only one that had a policy regarding underground utilities. Most communities do not have a city -wide policy for underground utilities. He stated the City was working with WPS for future projects listed in the CIP to bury utilities in the gateway street projects. Council Member Cummings questioned if it was worth researching burying utilities in older established neighborhoods if it could not be done financially. Mr. Rohloff explained the Gateway Study that was completed ten years ago did not involve residential areas, although the Council could put in a provision that if the majority of a neighborhood wanted to have buried utilities the City could explore the possibility. He thought, for the most part, it would be cost prohibitive to bury utilities in individual residential neighborhoods unless there was a funding source identified. Mr. Patek stated he would give the Council a report of his staff's research by May 15 7 PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 Council Member Cummings requested he would like City staff to review building codes to ensure that they were compatible with the history of a neighborhood. Mr. Davis explained the City had several historic districts which were protected by building codes. City staff would draft a building code ordinance that would address other historic structures, for example, structures that were over one hundred years old that were not located in historic districts. Council Member Poeschl asked for the Council's thoughts on sharing strategic planning between the City and the Oshkosh Area School District (OASD). Council Member Allison -Aasby supported strategic planning between the City and the DASD. She felt it was important for both the City and the OASD to communicate their respective concerns and successes. Council Member Pech was in support of meeting with the OASD but felt there should be a planned agenda for the meeting. CITIZEN STATEMENTS There were no citizen statements CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated in light of the Budget Repair Bill City staff was working with Carlson Consulting for a classification compensation study of all city employees rather than just non - represented employees. Council Member Herman questioned if more money would have to be added to the budget due to a more complex study. Mr. Rohloff anticipated there would be funds from employee contributions to the WRS that could be used to cover the added cost to the compensation study. A public information meeting regarding the Westfield Street Bridge would be held on May 91h at Oshkosh West High School although a time had not yet been determined. MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, AND PARAMETERS RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITH AFSCME 796, AFSCME 796B, AFSCME 796C, LOCAL NO. 316, I.A.F.F., OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION AND OSHKOSH POLICE SUPERVISORS ASSOCIATION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. (Herman; second, Pech) PROCEEDINGS OF THE COMMON COUNCIL — APRIL 26, 2011 CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Allison - Aasby, Mayor Tower MOTION: ADJOURN (Cummings; second, Poeschl) CARRIED: VOICE VOTE The meeting recessed at 7:17 p.m. PAMELA R. UBRIG CITY CLERK 0