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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OJHKO/H ON THE WATER REGULAR MEETING held Tuesday, September 13, 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 and Mayor Burk Tower EXCUSED: Council Member Allison -Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Mayor Tower asked for a moment of silence in remembrance of former Parks Director, Tom Stephany. Council Member Poeschl read the Invocation The Pledge of Allegiance was led by Jennah Hunter and Ernie Kretzmann from Trinity Lutheran School PROCLAMATION The proclamation regarding the Wisconsin Alumni Association 150 Birthday Celebration was postponed until the September 27 meeting. CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, stated he would like an ordinance enacted that would ban smoking anywhere in which minors were present. Bob Cornell, 548 W. Smith Avenue, invited the public to attend the Granny Smith 5K Run/Walk which would be held on October 8th. He also invited the public to attend a City- wide celebration of the 150 Anniversary of Peace Lutheran Church to be held on October 30 Patricia Diener, 1316 Broad Street, expressed her concerns with acorns, pine cones, and pine needles falling on the sidewalk. She felt property owners should rid the sidewalks from all debris. Also, she stated it was unfair that she was told she could not cut the grass on the railroad property across from her home; however people down the street continued to cut the grass on the railroad property. 1 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 PUBLIC HEARING Ordinance 11 -394 Approve Rezoning the Properties at 302 -304 Ohio Street from C -2 General Commercial to C -2 General Commercial with a Planned Development Overlay FIRST READING; LAID OVER UNDER THE RULES CONSENT AGENDA Approval of Bills presented by the Finance Director Receipt and Filing of Museum Board Minutes from August 4, 2011 Receipt of Claim filed with the City's Insurance Company / James Semenas for alleged damage to vehicle from a snow plow Resolution 11 -395 Accept Storm Sewer and Drainage Easement at 1035 Maricopa Drive / Lawrence Sobolik and Vicki Krause (Plan Commission Recommends Approval) Resolution 11 - 396 Accept Storm Sewer Easement on the East Side of North Westfield Street, 800 Block / Evergreen Retirement Community (Plan Commission Recommends Approval) Resolution 11 -397 Grant Private Utility Easement at Northwest Corner Otter Avenue and State Street within the Otter Avenue Parking Lot (Plan Commission Recommends Approval) Resolution 11 -398 Approve Amendment to Planned Residential Development in the 500 Block of Grove Street to Change Building Layout to Construct Four Buildings / Longfellow Place Condos (Plan Commission Recommends Approval) Resolution 11 -399 Approve Planned Development to Construct a New Automobile Sales Facility on the West Side of South Washburn Street, Between 3125 and 3155 South Washburn Street / Bergstrom Automotive (Plan Commission Recommends Approval) Resolution 11 -400 Award Bid to Bound Tree Medical for Emergency Medical Supplies for the Fire Department in the Amount of $8,972.02 Resolution 11 -401 Award Contract to Verizon for Cellular Phone Service Resolution 11 -402 Approve Permission to Apply for Fire Act Grant 2 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 Resolution 11-403 Approve Resolution Authorizing Staff to Submit Certification of Intent to Comply with EPA Order (Pulled by City Staff) Resolution 11-404 Approval of Change Order No. 3 for Public Works Contract No. 10 -15 with J.F. Ahern Company for Wastewater Treatment Plant and Various Pump Station Improvement Projects ( +$8,618.83) Resolution 11 -405 Approval of Special Event — Vietnam Veterans of America, Chapter 437, Oshkosh / POW MIA Ceremony / September 18, 2011 Resolution 11 -406 Approval of Special Event — Oshkosh West Student Government / Oshkosh West Homecoming Parade / September 23, 2011 Resolution 11-407 Approval of Special Event — Trinity Lutheran School / Trinity Lutheran Fun Run -Walk / September 23, 2011 Resolution 11 -408 Approval of Special Event — St. Raphael Catholic Church / St. Raphael Parish Fall Harvest Festival — 5K Walk -Run / September 24, 2011 Resolution 11-409 Approval of Special Event — Oshkosh Festivals / Oshkosh Oktoberfest / September 30, October 1 & 2, 2011 Resolution 11-410 Approval of Special Event — UW- Oshkosh Reach Counseling / Fox Valley Take Back the Night / October 5, 2011 Resolution 11 -411 Approval of Special Event — Oshkosh Senior Center / Granny Smith 5K Run -Walk and 1 Mile Fun Walk / October 8, 2011 Resolution 11 -412 Approval of Special Event — UW- Oshkosh Alumni Relations Office and Oshkosh Cycling Club / Tour de Titan Bike Ride / October 22, 2011 Resolution 11-413 Disallow Claim by Ingrid Corlett (for alleged damage to tire due to street construction) Resolution 11 -414 Disallow Claim by Alex Toney (for alleged damage to tire while driving on High Avenue) Resolution 11 -415 Approve Combination "Class B" License; Class "B" Fermented Malt License and Class "C" Wine License; Special Class "B" Licenses; Operator Licenses; Taxicab License and Junk Collector License MOTION: ADOPT CONSENT AGENDA (Cummings; second, Poeschl) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower 3 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -416 Create Public Arts Advisory Committee MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Leif Larson, 547 Oak Street, felt the creation of a public arts advisory committee was positive for the City. Council Member Poeschl commended the departments of Planning and Community Development for creating the Public Arts Advisory Committee. Ordinance 11 -417 Designation of Roundabouts on 9 Avenue and Bicycle Lane on High Avenue and Approval of Parking Regulation Changes on Marion Road, Parkway Avenue, Pioneer Drive and 14 Avenue MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Steve Barney, 1330 Summit Avenue, stated his concerns about the bike lane on High Avenue being on the same side as parking. He felt the bike lane should be on the no parking side of the street for safety reasons. Council Member Herman questioned Mr. Strong (Transportation Director) to explain why the bike lane was proposed for the parking side of the street on High Avenue. Mr. Strong explained bike lanes were placed on the right side of the street to go with the flow of traffic and in a case of a one way street was ever changed to a two way street it would remain consistent with traffic flow. Council Member Poeschl questioned if the bike lane on Algoma Boulevard would be changed from the current left lane to the right lane. Mr. Strong stated the bike lane currently on Algoma Boulevard was not wide enough for safety standards and would be relocated to the right side of the street. Council Member Hall stated it was best to keep the bike lanes consistent so that drivers would slowly become educated to watch for bicyclists. Ordinance 11 -418 Approve Amendment to Chapter 30 Zoning Ordinance to Create a Definition and Regulations Pertaining to Murals (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower 4 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 Council Member Herman stated the proposed mural would enhance the look of the City. Council Member Cummings also expressed the proposed mural was exciting for the City and asked when the mural would be installed. Darryn Burich, Director of Planning, stated the tentative schedule was to have the mural in place sometime in October 2011. Council Member Poeschl supported the ordinance as he stated murals were exciting and told stories. Ordinance 11 -419 Approve Amendment to Chapter 30 Zoning Ordinance to Repeal and Recreate the Nonconforming Structure and Use Regulations (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Bob Cornell, 548 W. Smith Avenue, represented the Board of Appeals and expressed the boards' support of the ordinance. Ordinance 11 -420 Approve Rezoning the Area Bounded by Otter Avenue on the North, State Street / Main Street on the West, Court Street / Broad Street on the East and the Fox River on the South From C -3 Central Commercial to C -3 Central Commercial with a Planned Development Overlay and From C -3 Central Commercial with a Downtown Overlay to C -3 Central Commercial with a Downtown Overlay and Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Resolution 11-421 Approve Planned Development to Establish Watercraft Motor Sales and Transient Boat and Trailer Storage and Continuation of a Single Family Home at 3764 Jackson Street (Plan Commission Recommends Denial) MOTION: ADOPT (Cummings; second, Pech) LOST: Noes (6) Poeschl, Pech, Cummings, Herman, Hall, Mayor Tower Council Member Herman questioned what the City could do to assist the petitioner if the resolution was voted down. Allen Davis, Director of Community Development, explained that proposed property had previous code violations relating to storage and those violations had been corrected. Originally the petitioner requested to establish watercraft motor sales, however during the 5 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 application process the petitioner changed his request to allow for storage. He indicated the Plan Commission would approve sales to be conducted from the property but since the previous code violations were due to storage issues the Plan Commission did not want the petitioner to recreate the previous problems. Council Member Herman asked if the City had received citizen complaints regarding the property. Mr. Davis stated there were citizen complaints and at least one neighbor complained during the application process that if storage was allowed the property would become a junkyard again. RECONSIDERED RESOLUTION Ordinance 11 -422 Approve Planned Development of a Retail Pharmacy with Drive -thru Services on the North Side of West 9 Avenue at South Koeller Street Intersection (City Manager recommends to refer back to staff to meet with representatives of surrounding neighborhood) MOTION: RECONSIDER (Pech; second, Herman) CARRIED: Ayes (5) Pech, Cummings, Herman, Hall, Mayor Tower Noes (1) Poeschl MOTION: REFER BACK TO CITY MANAGER TO WORK WITH AFFECTED PARTIES AND WILL REPORT BACK TO COUNCIL ON OCTOBER 25, 2011 WITH AMENDMENTS OR A STATUS REPORT (Pech; second, Herman) CARRIED: Ayes (5) Pech, Cummings, Herman, Hall, Mayor Tower Noes (1) Poeschl Steve Utecht, 1735 Sanders Street, expressed all property owners, both for and against the CVS Pharmacy, should be involved in discussions with the City. Bob Cornell, 548 S. Smith Avenue, stated communicating with the neighborhood was the best direction the City could take. Council Member Cummings stated he would support the ordinance to reconsider the proposed CVS Pharmacy if only the surrounding property owners and city staff were involved in meetings. He also stated he did not want representatives from CVS or property owners who would gain financially from the proposed CVS Pharmacy to be a part of any discussions with the City. Council Member Herman stated his support to reconsider the ordinance for the proposed CVS Pharmacy as he felt it was important to involve the neighborhood in planning a buffer between commercial and residential properties. He expressed the entire city should be 6 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 allowed to participate in any discussions or meetings regarding the proposed CVS Pharmacy. Mr. Rohloff explained in the case of the proposed CVS Pharmacy it would be best to engage the surrounding neighbors in a small, collaborative round table manner. Council Member Hall supported referring the ordinance back to city staff as long as the purpose of the discussions with surrounding neighbors was to find a solution for the use of the proposed property. Council Member Cummings supported the motion referring the ordinance back to city staff as long as the intent of the motion was for meetings to be held only with city staff and surrounding neighbors. Mayor Tower stated the Council should not place any restrictions on the City Manager rather allow him to use his judgment and skills to find a resolution for the proposed CVS Pharmacy. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A joint public hearing with the Town of Black Wolf regarding the future boundary agreement would be held on October 3rd. Council members were given prospective dates for a budget workshop and were instructed to determine what date worked best and report back to the City Manager at the next meeting. Council Members Peck explained that he and Council Member Allison -Aasby would like a workshop in the future on the focus and long term goals of the Long Range Finance Committee. A progress report on outstanding issues was provided to the Council in their packets. CITIZEN STATEMENTS Steve Barney, 1330 Summit Avenue, reminded the Council and City Staff to use LEED Certified or Energy Star Label designs in construction or renovations of municipal buildings whenever fiscal resources permitted. Josh Paulick, 833 Jefferson Street, was interested in decriminalizing the use of marijuana and asked the Council what the procedure would be to begin the process. Ms. Lorenson stated she would direct Mr. Paulick on the procedure to begin his quest for decriminalizing the use of marijuana. 7 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 13, 2011 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff reported the following engineering service agreements: A) Amendment to the agreement with AECOM for stormwater management planning in the Libbey Avenue /Nicolet Avenue drainage basins. B) Amendment to the agreement with AECOM for Timmerman Landfill groundwater monitoring — analytical laboratory services. C) Agreement for design / planning services for the Public Works Field Operations. D) Agreement with CH2M HILL Engineers, Inc. for sanitary sewer system Capacity Management Operation Maintenance (CMOM) analysis. Additionally, Mr. Rohloff stated McKinstry was hired to complete HVAC assessments of all municipal buildings and Specialty Engineering Group was hired to complete roofing assessments of all municipal buildings. Finally, he explained that T.R. Karrels was hired to design the fire department vehicle storage building. Council Member Herman encouraged city staff to research the possibility of using "green" materials whenever possible in all City projects. Council Member Cummings commented he recently attended events at the museum and the Leach Amphitheater and both were spectacular. MOTION: ADJOURN (Cummings; second, Pech) CARRIED: VOICE VOTE The meeting recessed at 7:38 p.m. PAMELA R. UBRIG CITY CLERK 8