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HomeMy WebLinkAboutCouncil Minutes 7/26/2011 & 8/10/2011PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN 011�KQIH ON THE WATER REGULAR MEETING held Tuesday, July 26, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steven Herman, Jef Hall, Deb Allison - Aasby, Steve Cummings and Mayor Burk Tower EXCUSED: Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Herman read the Invocation The Pledge of Allegiance was led by Council Member Herman NOTE: Council Member Poeschl joined the meeting 6:03 p.m. Ron Widell, CPA, from Schenck, SC reported the City's financial statements were a fair representation of the position of the City for the year ended December 31, 2010. He stated the Available Fund Balance increased approximately one million dollars since 2009. He explained the all the City's debts were paid timely and the City was in a "healthy situation ". CITIZEN STATEMENTS There were no citizen statements. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and filing of Common Council Minutes from July 13, 2011 Receipt of Claim filed with the City's Insurance Company / Norman Voss for Injuries from Allegedly Falling on Skyview Avenue Receipt of Claim filed with the City's Insurance Company / Tory Mosloski for Alleged Damages from a Sewer Backup 1 PROCEEDINGS OF THE COMMON COUNCIL — JULY 26, 2011 Resolution 11 -325 Approve Expansion of Existing Planned Development at Paine Art Center and Gardens at 1410 Algoma Boulevard (Plan Commissions Recommends Approval) Resolution 11 -326 Approval of Change Order No. 2 for Public Works Contract No. 10 -22 with Dorner, Inc., for 2010 Sanitary Sewer Manhole Rehabilitation Program ($44,655.82) Resolution 11 -327 Award Bid for Public Works Contract No. 11 -02 to Carl Bowers and Sons Construction Co. Inc. for the Westhaven Golf Course Area Wet Detention Basin and Storm Sewer ($942,168.50) Council Member Poeschl questioned where the excavated soil from the detention basin would be disposed. Mr. Rohloff stated the contractor was responsible for finding a proper location to dispose of excavated soil. Council Member Poeschl questioned if the City could find a use for excavated soil. Mr. Rohloff stated when bid specifications were processed the City searched for areas where excavated soil could be used. Council Member Poeschl stated he believed there were several parks in the city that could use extra soil. Resolution 11 -328 Award Bid for Public Works Contract No. 11 -20 to Four -Way Construction of Wisconsin Inc. for Mini Storm Sewer and Storm Sewer Laterals ($85,879.20) Resolution 11 -329 Award Bid for Public Works Contract No. 11 -22 to Musson Brothers Inc. for Sanitary Sewer Lining on Grove Street and Merritt Avenue ($300,375.00) Resolution 11 -330 Award Bid for Two Triplex Riding Lawn Mowers for Lakeshore Mupicipal Golf Course to Horst Distributing Inc., in the Amount of $43,400 Resolution 11 -331 Award Bid for Oshkosh Fire Station 19 Vehicle Storage Building to Morton Buildings Inc., in the Amount of $150,424.00 Resolution 11 -332 Approve Agreement for Right -of -Way Acquisition / Jackson Street — Murdock Avenue Intersection Improvement Project Resolution 11 -333 Approval of Special Event — Michael Krueger to Utilize Opera House Square for Oshkosh Sunburn Bike Rally/ August 7, 2011 2 PROCEEDINGS OF THE COMMON COUNCIL — JULY 26 2011 Resolution 11 -334 Approval of Special Event — Oshkosh Jaycees to Utilize City Streets (6 Ohio, 11 and Georgia) and South Park for Oshkosh Jaycees — Children's Day Parade / August 7, 2011 Resolution 11 -335 Approval of Special Event — Oshkosh Ambassadors to Utilize Reetz Diamonds at Menominee Park for Badger Classic Senior Softball Tournament /August 18, 19, 20, and 21, 2011 Council Member Herman questioned if there would be special parking for the softball tournament participants. Ray Maurer, Parks Director, stated typically there was not special parking posted for softball tournaments. Council Member Herman suggested there be special parking on the grass for participants of softball tournaments as he was concerned there would not be ample parking for the boaters who pay to use the boat launch. Resolution 11 -336 Approval of Special Event — Oshkosh Opera House Foundation and Caramel Crisp and Cafe / Utilize Opera House Square / August 20, 2011 (Original Request was for July 23, 2011 — Resolution 11 -237) Resolution 11 -337 Approval of Special Event — Winnebago Labor Council to Utilize South Park for Labor Day Picnic / September 5, 2011 Resolution 11 -338 Approval of Special Event — First English Lutheran Church to Utilize Minnesota Street between 10 and 11 Avenue for ULP Neighborhood Picnic / September 22, 2011 Resolution 11 -339 Approval of Special Event — UW- Oshkosh and UW- Oshkosh Foundation to Utilize High Avenue for UW- Oshkosh Sage Hall Dedication / September 23, 2011 Council Member Poeschl asked for clarification why the event to dedicate Sage Hall did not require barricades while the Arthritis Foundation event required barricades as both events were utilizing city streets. Ms. Lorenson explained the dedication of Sage Hall would be approximately fifteen minutes long and could quite possibly use UWO barricades to close off High Avenue. The Arthritis Foundation event was longer and utilized more city streets which would require the use of more barricades. Resolution 11 -340 Approval of Special Event — The Wolf 99.5 — 104.9 to Utilize Kiwanis Shelter in Menominee Park for Rob and Louise Walk for Hunger / September 24, 2011 3 PROCEEDINGS OF THE COMMON COUNCIL — JULY 26, 2011 Resolution 11 -341 Approval of Special Event — Arthritis Foundation and UW- Oshkosh Student Recreation to Utilize City Streets (Pearl, Osceola, Algoma, Elmwood, New York, Western, Congress, High and Rockwell) for Jingle Bell Run -Walk for Arthritis / December 10, 2011 Resolution 11 -342 Approval of Special Event — Midwest Fest LLC to Utilize Winnebago County Fairgrounds for Midwest Fest 2012 / June 15, 16, and 17, 2012 Resolution 11 -343 Approval of Block Party Request — Kathy Webb — Bay Street between Ceape Avenue and Alley East of Bay Street between Ceape Avenue and Otter Street / August 2, 2011 Resolution 11 -344 Approval of Block Party Request — Amy Klemp — W. Parkway Avenue between Franklin Street and Central Street /August 2, 2011 Resolution 11 -345 Approval of Block Party Request — Katy Schmitz — Evans Street between Lincoln Avenue and Irving Avenue / August 27, 2011 Resolution 11 -346 Disallow Claim by Mariana Stout (for Alleged Damages to her Trash Receptacles from the Sanitation Crew) Resolution 11 -347 Approve Appointments for the Following Boards and Commissions: Landmarks Commission, Storm Water Utility Resolution 11 -348 Approve Sidewalk Cafe License MOTION: ADOPT CONSENT AGENDA (Cummings; second, Allison - Aasby) CARRIED: Ayes (6) Herman, Hall, Allison - Aasby, Poeschl, Cummings, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -349 Approve Rezoning the Property at 1428 Algoma Boulevard from R -1C Single Family Central to R -1 C Single Family Central with a Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (6) Herman, Hall, Allison - Aasby, Poeschl, Cummings, Mayor Tower Ordinance 11 -350 Approve Christl Annexation Request from Town of Oshkosh / 3026 Jackson Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 4 PROCEEDINGS OF THE COMMON COUNCIL — JULY 26, 2011 Resolution 11 -351 Disallow Claim by Janice and Sean Adams (for alleged damages to her vehicle from being hit by an ambulance) MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (6) Herman, Hall, Allison - Aasby, Poeschl, Cummings, Mayor Tower Sean Adams 1510 Bowen Street, explained his wife was stopped behind an ambulance on Washburn Street at the Witzel Avenue roundabout when the ambulance backed into her vehicle. He stated he felt the claim should not be disallowed. Mayor Tower explained the Council had limited ability when the City's insurance company denied a claim. He explained the Adams' could use the court system for future action. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A joint public hearing with the Town of Nekimi regarding the future boundary agreement would be held on August 17 A workshop on the Bike and Pedestrian Plan would be held on August 23' A workshop on the Sustainability Plan and TIF Districts would be held on August 30 A joint public hearing with the Town of Black Wolf regarding the future boundary agreement would be held on September 28 Mr. Rohloff stated a first draft of the progress report on outstanding issues would be available in the near future. Council Member Herman received a complaint about sump pump discharge and wanted to know if it was possible to create an ordinance to address the concern. Mr. Rohloff stated the City typically regarded sump pump discharge complaints as civil issues and urged the parties to work together to solve the matter. Ms. Lorenson added the City had an ordinance requiring sump pumps to drain into the backyard (not over the sidewalk). Council Member Hall believed a sump pump ordinance would be hard to create as not all properties were the same size. Council Member Cummings stated a sump pump ordinance would be hard to create as water tended to flow where ever gravity pulled it and not necessarily where a hose was placed. Council Member Poeschl would like a workshop on the City's snow removal policy. 9 PROCEEDINGS OF THE COMMON COUNCIL — JULY 26 2011 Mayor Tower reminded everyone of the Mayor's Breakfast on Friday, July 29 Council Member Hall received several calls regarding exits /entrances to Highway 41 being closed due to EAA traffic, specifically Highway 44. Council Member Herman stated when he was in law enforcement, during EAA the Highway 44 exits were closed due to reversed flow traffic. All of the lanes of Highway 44 were used for one way air show traffic before and after the show. Mayor Tower thought the City should prepare now for the 2012 Airventure as construction on Highway 41 would continue. Council Member Hall was pleased to learn that the Oshkosh Citizens Academy was returning. CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, stated her concerns about lawns being torn up on the corner of Broad Street and New York Avenue. She was also concerned about people removing construction barricades where fresh concrete had been poured. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff reported the 2012 budget would be delivered to the Council on October 11 and subsequent meetings and workshops would be scheduled. He stated City staff was anticipating an $800,000 shortfall. He also reported the draft of the Solid Waste Ordinance including the storage of carts was ready for the Council to critique. Lastly, he announced that applications were being accepted for the Oshkosh Citizens Academy. The Oshkosh Citizens Academy was open to residents and business owners who would like to learn more about the responsibilities and functions of local government. MOTION: ADJOURN (Cummings; second, Herman) CARRIED: VOICE VOTE The meeting recessed at 7:12 p.m. PAMELA R. UBRIG CITY CLERK 0 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN n f'HKn 7P REGULAR MEETING held Wednesday, August 10, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Jef Hall, Deb Allison - Aasby, Bob Poeschl, Tom Pech, Jr., Steve Cummings, Steven Herman and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member Hall read the Invocation The Pledge of Allegiance was led by Council Member Hall PROCLAMATION A proclamation was presented by Mayor Tower declaring August 20, 2011, as International Homeless Animals' Day in the City of Oshkosh. CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, expressed her displeasure regarding a meeting she attended at City Hall earlier in June. Jane Daugherty, 11 Canniff Court, urged the Council to review the parking policy at the Senior Center Parking Lot. She indicated from March 1 St through December 1 some of the Senior Center parking lot was reserved for vehicles with boat trailers. She explained on a recent visit to the Senior Center she found the parking lot closest to the center full. She stated she was disabled and parked in a spot clearly marked for disabled users, however when she left the Senior Center she found a parking ticket on her vehicle for what she assumed was parking in an area reserved for vehicles with boat trailers. She stated she filed an appeal to the ticket with the Oshkosh Police Department but wanted the Council to review the parking policy due to the Senior Center being a busy place. Jeff Decker, 1119 Otter Avenue, represented the Oshkosh Neighborhood Watch, thanked the council members, city staff, and sponsors who participated in the National Night Out on August 2 " Jim Mitchell, 1746 W. 9 th Avenue, owned a business on the corner of the Ninth Avenue and Koeller Street. He wanted to express his gratitude to the City for erecting the roundabouts on that corner as traffic flowed much better than it did when the traffic lights were in place. PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 10, 2011 Daniel Lynch, 310 S. Eagle Street, believed it was a good idea to consolidate the City Health Department into the Winnebago County Health Department. He suggested it be a priority to place smoking bans in areas where children played, in cars when minors were present, in public government supported housing, in foster homes, and in private homes when children were present. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt of Claim filed with the City's Insurance Company / Thomas Laviolette for alleged vehicle damage due to being struck by a fire truck Resolution 11 -352 Award Bid for Contract No. 11 -27 / Otter Avenue Parking Lot Reconstruction / Lalonde Contractors Inc. ($117,087.65) Resolution 11 -353 Approval of Change Order No. 3 for Public Works Contract No. 09 -13 with Buteyn- Peterson Construction Co. for the Tipler School Area Stormwater Improvements ($20,770.21) Resolution 11 -354 Approval of Change Order No. 2 for Public Works Contract 09 -19 with Faith Technologies, Inc. for Wastewater Treatment Plant Pumping and Meter Stations SCADA Upgrades ($49,814.17) Resolution 11 -355 Award Bid for Public Works Contract No. 11 -26 to Michels Corporation for Concrete and Asphalt Crushing ($154,630.00) Resolution 11 -356 Approve Initial Resolution for Special Assessments / Cold -Mix Asphalt Paving (Linwood Avenue, Sterling Avenue, Sheridan Street, Bismarck Avenue, Georgia Street, Hubbard Street, 19 Avenue). Resolution 11 -357 Approve Agreement with Wisconsin Public Service Corporation for Sidewalk Replacement on Various concrete Paving Projects Resolution 11 -358 Approve Application for Aquatic Invasive Species Control Grants Council Member Poeschl asked for an explanation of what the grants would be used for. Bill Sturm, City Forester, indicated the grants would be used to battle the invasive Eurasion Watermilfoil plants located in Millers Bay. He explained the use of chemicals were the most effective way to combat the milfoil as harvesting the plants made the problem worse. He stated his department was also working on a shoreline buffer plan and was hoping to do a pilot project on the north shore of Millers Bay beginning in the fall. 2 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 10, 2011 Resolution 11 -359 Approval of Special Event —Bethel Worship Center's Block Party— 900 Block of E. Tennessee Avenue Between Evans Street and Grove Street / August 13, 2011 (Original Request was for July 16, 2011 — resolution 11 -314) Resolution 11 -360 Approve Special Class "B" Licenses and Operator Licenses MOTION: ADOPT CONSENT AGENDA (Poeschl; second, Cummings) CARRIED: Ayes (7) Hall, Allison - Aasby, Poeschl, Pech, Cummings, Herman, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -361 Approve Christi Annexation Request from Town of Oshkosh / 3026 Jackson Street (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (7) Hall, Allison - Aasby, Poeschl, Pech, Cummings, Herman, Mayor Tower Ordinance 11 -362 Repeal and Recreate Solid Waste Disposal / Section 23 -1, Definitions / Section 23 -3, Recycling Required, Relating to Separation of Designated Materials / Section 23 -8, Point of Storage and Point of Collection, Related Storage of Carts and Placement for Collection / Section 23 -9, General Requirements, Related to Cart Exemption Program / Section 23 -15, Non - Resident Refuse Disposal Prohibited Related to Fees FIRST READING; LAID OVER UNDER THE RULES Council Member Hall proposed the ordinance include a warning system and a tiered fine structure. Also, he was concerned that some properties did not contain adequate space for the storage of garbage cans and recycling bins. Council Member Cummings believed the storage of garbage cans and recycling bins was an issue mostly with rental properties. He also was concerned that not all properties had sufficient space to store garbage cans and recycling bins. Council Member Herman asked for a definition of visual screening. Ms. Lorenson explained that visual screening was not defined in the ordinance, however an amendment could be made that more specifically defined visual screening. She stated Community Development could help with the terminology. Council Member Herman questioned who would receive the citation for a rental property; the tenant or the property owner. PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 10, 2011 Ms. Lorenson replied in a rental property situation the City would issue the citation to the property owner, as it did not have any control over the agreement between the tenant and the property owner. Council Member Herman felt the ordinance was too restrictive. Council Member Pech believed the City was limited in its resources to enforce ordinance violations and that the ordinance should be used as guideline for citizens to follow regarding the storage of recycling bins. Council Member Allison -Aasby explained the ordinance should state that recycling bins could not be stored on the front terrace. She preferred a grace period of educating citizens rather than using City resources for enforcing the ordinance and issuing citations. Council Member Pech believed the City had limited resources and a feasibility study should be completed on what the cost would be for the additional record keeping a tiered fine structure. Ms. Lorenson clarified that when using a range of fines, City staff would usually issue the lowest fine amount for an ordinance violation. She explained the range of fines gave the court system discretion to use a higher fine if they found a violation to be egregious. Council Member Allison -Aasby was concerned the City already had limited resources to enforce code violations and adding a warning system to the ordinance would create an even greater back log. Mayor Tower believed there was an issue regarding the aesthetics in the City. He stated he would be interested in viewing recycling bin ordinances from other communities. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A joint public hearing with the Town of Nekimi regarding the future boundary agreement would be held on August 17 A workshop on the Bike and Pedestrian Plan would be held on August 23 A workshop on the Sustainability Plan and TIF Districts would be held on August 30 A workshop on snow removal policies would be held on September 13 A joint public hearing with the Town of Black Wolf regarding the future boundary agreement would be held on October 3rd. A progress report on outstanding issues would be available to the Council at the August 23 meeting. 4 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 10, 2011 COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Mayor Tower participated in the National Night Out and thanked the police and fire departments for their participation. He also thanked the Neighborhood Watch organizations for their contributions to the event. CITIZEN STATEMENTS There were no citizen statements. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff gave an update on the Strategic Plan. He explained the City had already completed many of the goals targeted in the 2010 -2011 Strategic Plan while several other goals were in process and ongoing. Also, an amendment to the agreement with Strand Associates was made for additional design work that was needed for the Telemetry- Supervisory Control Center installations at the Wastewater Treatment Plant and various pump stations. Mr. Gohde added the Senior Center was hosting an open house for the Pedestrian /Bike Plan on Thursday, August 11 MOTION: ADJOURN (Poeschl; second, Cummings) CARRIED: VOICE VOTE The meeting recessed at 7:47 p.m. PAMELA R. UBRIG CITY CLERK 5