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HomeMy WebLinkAboutCouncil Minutes 6/14/2011PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN 01HKQIH ON THE WATER REGULAR MEETING held Tuesday, June 14, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bob Poeschl. Tom Pech, Jr., Steve Cummings, Steven Herman, Jef Hall, 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 Council Member Poeschl. PROCLAMATION A proclamation was presented by Mayor Tower declaring Tuesday, June 21, 2011, as "Chief Oshkosh Statue Turns 100" Day in the City of Oshkosh. CITIZEN STATEMENTS Katrina Kitten - Reynolds, 448 Jefferson Street, spoke on behalf of the residents of her building where a fire occurred on June 10 She expressed their gratitude for the professionalism and great communication they received from the fire fighters and policemen who responded to the scene. Patricia Diener, 1316 Broad Street, stated she talked to a representative from Canada Railroad who would be coming to inspect the railroad property in her neighborhood. She was also concerned about residents in her neighborhood not taking care of their property. CONSENT AGENDA Approval of Bills Presented by the Finance Director. Receipt and filing of Museum Board Minutes from May 5, 2011 Grant Variances to the Municipal Code for Excessive Noise (Section 15 -18) & Street to Remain Open to Traffic (Section 25 -22) to the Wisconsin Department of Transportation for Pavement Marking Work at the Jackson Street / Murdock Avenue Intersection 1 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 14, 2011 Receipt of Claim filed with the City's Insurance Company / Mariana Stour for alleged sanitation workers damaged trash cans Receipt of Claim filed with the City's Insurance Company / Carla Basiliere for alleged damages to mailbox from snowplow Resolution 11 -244 Accept Various Easements from UW- Oshkosh /Board of Regents Relating to Construction of New Residence Hall & Pedestrian Mall in the Algoma Boulevard — Elmwood Avenue Area (Plan Commission Recommends Approval) Resolution 11 -245 Authorize Preparation of Cooperative Plan with the Town of Black Wolf Resolution 11 -246 Approve and Submit Wisconsin / DNR 2010 Compliance Maintenance Annual Report/ Wastewater Treatment Plant Resolution 11 -247 Approval of Change Order No. 2 for Public Works Contract No. 10 -15 with J.F. Ahern Company for Wastewater Treatment ( +$40,670.00) Resolution 11 -248 Approve Winnebago County Recycling Surplus Revenue Ballot Resolution 11 -249 Approve Initial Resolution for Special Assessments /Storm Sewer Laterals and Sidewalk Repair — Westhaven Circle and South Westhaven Circle Resolution 11 -250 Approve Initial Resolution for Special Assessments / Paving, Sidewalk, Driveway and Utilities — Westfield Street (Robin Avenue to North of Taft Avenue) Resolution 11 -251 Approval Initial Resolution for Special Assessments / Hotmix Asphalt Milling and Paving — High Avenue and Various Side Streets (Wisconsin Street to Congress Avenue) Resolution 11 -252 Waive Bids and Purchase Vehicles for Fire ($28,988.00) Resolution 11 -253 Approve Operator's Licenses Resolution 11 -254 Award Bid to Viking Electric Supply for Riverwalk Lighting Poles and Bollards in the amount of $109,921.00 Council Member Herman questioned how the lighting poles and bollards would be paid from TIF 17 when TIF 17 was a negative TIF. Mr. Rohloff could not confirm that TIF 17 was negative, but explained typically the lighting poles and bollards would be accounted for in the TIF and when the TIF was profitable the project would be funded. 2 PROCEEDINGS OF THE COMMON COUNCIL — .JUNE 14, 2011 Resolution 11 -255 Award Bid to AG Mechanical for EECBG Water Conversation / Plumbing Improvements for City Hall and the Safety Building in the amount of $19,700.00 Resolution 11 -256 Approval of Special Event — St. Jude the Apostle Catholic Parish to hold St. Jude the Apostle "Parish Picnic" / June 17, 18 & 19, 2011 Resolution 11 -257 Approval of Special Event — Winnebago County ARES Races / Utilize Grand Opera House Square for ARRL Amateur Radio Field Day / June 25, 2011 Resolution 11 -258 Approval of Special Event — Canada Promotions to Utilize Winnebago County Expo Center for Mexican Rodeo / June 26, 2011 & August 14, 2011 Resolution 11 -259 Approval of Block Party Request — Randy Montgomery — Hayward Avenue between Pheasant Creek Drive and Fairfax Street Resolution 11 -260 Disallow Claim by Karen Arreola (for alleged injuries as a result of tripping on the sidewalk) Resolution 11 -261 Disallow Claim by Brian Wirsing (for alleged injuries as a result of being arrested) Resolution 11 -262 Disallow Claim by Sabrina Hill (for alleged injuries as a result of tripping on rolls of cyclone wire) Resolution 11 -263 Approve Appointments to the Following Boards and Commissions: Transit Advisory Board, Redevelopment Authority Housing Authority, Plan Commission, Grand Opera House Advisory Board, Landmarks Commission, Advisory Park Board, Board of health, Urban Wildlife Committee, Sustainability Advisory Board, Long Range Finance Committee, Traffic Review Advisory Board, Museum Board, Committee on Aging, Board of Appeals, Police and Fire Commission, Library Board, Extraterritorial Zoning Committee, and Storm Water Utility Resolution 11 -264 Approve Special Class "B" Licenses, Combination "Class B" License, Transfer of Combination "Class B" License, Sidewalk Cafe Licenses and Junk Collector License MOTION: ADOPT CONSENT AGENDA (Pech; second, Cummings) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison- Aasby, Mayor Tower 3 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 14, 2011 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -265 Approve Rezoning the South Side of Kope Avenue from R -1 Single Family to R -2 Two Family (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Herman) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower Ordinance 11 -266 Aprove Rezoning of Parcels South of West 7 th Avenue, North of West 9 Avenue, East of South Westfield street and West of the Koeller /USH41 Intersection from R -1 Single Family, R -2 Two Family and C -1 Neighborhood Business to C -2 General Commercial with a Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower Council Member Pech wanted clarification that the ordinance was to rezone the property and not to approve any planned project. Mr. Rohloff clarified that the ordinance was strictly for rezoning to make the property consistent with the City's comprehensive plan. Council Member Herman questioned how often the comprehensive plan was reviewed. Mr. Darryn Burich, Director of Planning Services, explained a comprehensive plan was planned over a twenty year horizon and reviewed every ten years. Mr. Allen Davis, Director of Community Development, stated another element to the ordinance was the planned development overlay which gave the Plan Commission and Council the ability to review the specific proposal to detect neighborhood impacts. Council Member Herman questioned if planned development overlays were added to all rezoning projects. Mr. Burich explained there were certain criteria for establishing a planned development area; whether the property was in a transitional area, an infill area, a redevelopment area, or a large shopping area. The planned development overlay was not incorporated into all rezoning projects, only if the area had a special characteristic. Council Member Poeschl questioned which criteria the parcels in the ordinance met to establish a planned development overlay. 2 PROCEEDINGS OF THE COMMON COUNCIL —.TUNE 14, 2011 Mr. Burich replied the parcels included in the ordinance were in a transitional area as there were older residential land uses versus emerging commercial uses. Ordinance 11 -267 Approve Change of July 12, 2011 Council Meeting (due to Election) FIRST READING; LAID OVER UNDER THE RULES Resolution 11 -268 Approval of Annual City Licenses (Renewals) MOTION: ADOPT (Poeschl; second, CARRIED: Ayes (7) Poeschl, Pech, Mayor Tower Cummings) Cummings, Herman, Hall, Allison - Aasby, Resolution 11 -269 Approve Annual Combination "Class B" License, Combination "Class A" Licenses and Class "A" Fermented Malt License / Peabody's and Blue Moose Convenience Stores MOTION: ADOPT (Pech; second, Poeschl) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Allison -Aasby Present (1) Mayor Tower Mayor Tower stated he would vote present as he had a relationship with both parties listed in the resolution. Resolution 11 -270 Resolution Expressing Council Support for the Oshkosh Civility Project MOTION: ADOPT (Cummings; second, Allison - Aasby) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower Mayor Tower stated by approving the resolution the Council was endorsing the Oshkosh Civility Pledge which stated: "We build a stronger and more diverse community by actively sharing our ideas and opinions with others in thoughtful and considerate ways. By practicing this basic commitment to civility, we learn and grow form one another — even in disagreement ". He explained the Council would endorse and put into practice the identified skills by the Oshkosh Civility Project that were designed to promote civility. Those skills included paying attention as to be sensitive to and aware of the context of others, to listen closely, to be inclusive, to not gossip, to show respect, to be agreeable, apologize sincerely, and to give constructive comments and feedback. Council Member Herman felt the civility project was a wonderful way for the Council and the citizens of Oshkosh to resolve differences. Council Member Pech believed in the right to free speech but felt people should talk to each other and not talk at or over each other. 5 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 14, 2011 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Tower led a discussion on the Council Rules and asked council members what, if anything, they would like to change. Mayor Tower did not want to make an addition to the rules regarding using personal electronic devices during council meetings, however proposed the cooperation of the Council to turn off personal electronic devices during meetings with the exception of laptop computers used for council agenda purposes. Council Member Hall stated he would like the ability to communicate via blogging during meetings but would cooperate and use personal electronic devices for internet use only regarding issues of City business. Council Member Pech did not feel it was appropriate for council members to communicate electronically to the public during Council Meetings. Council Member Cummings felt council members should pay attention to the business of the City and not communicate through social media during council meetings. Council Member Herman also felt council members should not communicate through social media sites during council meetings. Council Member Poeschl felt communicating through social media sites during council meetings was appropriate although it should be done responsibly. MOTION: ADOPT THE COUNCIL RULES (Tower; second, Hall) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower A joint workshop with the Sustainability Advisory Board regarding the Sustainability Plan would be scheduled in the future. A workshop on the Transit Development Plan was scheduled for July 13 at 4:45 pm. CITIZEN STATEMENTS There were no citizen statements CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the City hired AECOM to monitor the methane gas at the Quarry Park Landfill. He indicated contaminated soil found on Osceola Street would be brought to the Valley Trail Landfill. Also, he reported the bids for the Marion Road docks came in lower than anticipated. 2 PROCEEDINGS OF THE COMMON COUNCIL - JuNE 94, 2011 MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS THE NEGOTIATIONS FOR PURCHASING PUBLIC PROPERTIES WITHIN THE SOUTHWEST INDUSTRIAL PARK TAX INCREMENT DISTRICT (TID #7) AREA PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION. (Herman; second, Pech) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower MOTION: ADJOURN (Cummings; second, Allison - Aasby) CARRIED: VOICE VOTE The meeting recessed at 7:25 p.m. PAMELA R. UBRIG CITY CLERK 7