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HomeMy WebLinkAboutMintues PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OJHKOIH ON THE WATER REGULAR MEETING held Tuesday, September 27, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tom Pech, Jr., Steven 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 Pech read the Invocation The Pledge of Allegiance was led by Brooklyn Berenz and Ellie Leafgren from St. John Neuman Middle School PROCLAMATION A proclamation was presented by Mayor Tower declaring the year of 2011 as Wisconsin Alumni Association 150 Birthday Celebration in the City of Oshkosh. NOTE: Council Member Poeschl arrived at 6:06 p.m. CITIZEN STATEMENTS Tom Sonnleitner, 800 Algoma Boulevard, commended City staff for their efforts in street improvements throughout the community. PUBLIC HEARING Ordinance 11-423 Approve Final Resolution for Special Assessments for Cold -Mix Asphalt Paving on Rockwell Avenue (Fox River to High Avenue) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Pech, Cummings, Herman, Allison - Aasby, Poeschl, Mayor Tower CONSENT AGENDA Approval of Bills presented by the Finance Director 1 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Receipt and filing of Common Council Minutes from August 23 and September 2, 2011 Receipt of Claim Filed with the City's Insurance Company / Ken Allen for alleged damages to vehicle due to hitting a boulder in parking space in the library parking lot Receipt of Claim Filed with the City's Insurance Company / LaVern Rogers for alleged damages to vehicle during a search by an Officer of the Police Department Resolution 11 -424 Approve Release of Utility Easements on Property at 300 -304 Ohio Street (Plan Commission Recommends Approval) Resolution 11 -425 Approve Amendment to Previously Approved Conditional Use Permit to Expand Existing Animal / Pet Service Facility at 2275 Omro Road. Resolution 11 -426 Approve Planned Development for Construction of Used Automobile Dealership /Auto Body Shop — 3300 Block South Washburn Street (Plan Commission Recommends Approval) Resolution 11 -427 Approve Conditional Use Permit and Planned Development for Construction of Private Utility Structure for ANR Pipeline, South of Omni Drive and East of USH 45 (Plan Commission Recommends Approval) Resolution 11 -428 Consideration of an Initial Resolution Regarding Midwestern Disaster Area Revenue Bond Financing for the Downtown Hotel Project. Information with Respect to the Job Impact of the Project will be Available at the Time of Consideration of the Initial Resolution Resolution 11 -429 Award Bid to Oshkosh City Cab Company for Paratransit Services for the Transportation Department (2012: $8.50 / Each Dial a Ride and $31.00 / Each Rural Ride; 2013 -2016: $8.75 / Each Dial a Ride and $31.25 / Each Rural Ride) Resolution 11 -430 Award Bid to Ewald Chevrolet Buick for a 3 /4 ton 4WD Regular Cab Pickup Truck for WasteWater Treatment Plant Division ($28,427.00 w/Trade) Resolution 11 -431 Approval of Change Order No. 1 for Public Works Contract No. 11 -04 with LaLonde Contractors Inc. for Various Concrete Paving and Utility Projects — Central City Area ( +$126,525.59) Resolution 11 -432 Approval of Change Order No. 1 for Public Works Contract No. 11 -10 with Carl Bowers and Sons Construction for Planeview Drive Sanitary Sewer and Water Main construction (- $9,198.34) 2 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Resolution 11 -433 Approval of Change Order No. 3 with CH Koch Plumbing and Heating for Water Conservation Improvements as part of Energy Efficiency and Conservation Block Grant Program ( +$1,063.98) Resolution 11 -434 Approval of Developer's Agreement for Lots 1, 2 and 3 of CSM 6535 and Lots 1, 2 and 3 of CSM 6536 (South Side of Allen Avenue to the West of Main Street) Resolution 11 -435 Approval of Settlement Agreement and Release of Claims with Yidi Li — Special Assessments for Property Located at Jackson Street — Murdock Avenue Intersection Improvement Project Resolution 11 -436 Disallow Claim by Scott Ney (for alleged damage from a sewer backup — 4/8/2011) Resolution 11 -437 Disallow Claim by Scott Ney (for alleged damage from a sewer backup — 5/19/2011) Resolution 11 -438 Approval of Special Event — Webster Stanley Middle School / Utilize Siewert Trail form Hazel Street to Oak Street for their School Field Day / October 7, 2011 Resolution 11 -439 Approval of Special Event — The Bar of Oshkosh / Save 2 Base Breast Cancer Walk — October 8, 2011 Resolution 11 -440 Approve Transfer of Combination "Class B" License, Combination "Class B" Licenses and Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11 -428 (Cummings; second, Pech) CARRIED: Ayes (6) Pech, Cummings, Herman, Allison - Aasby, Poeschl, Mayor Tower Resolution 11 -428 Consideration of an Initial Resolution Regarding Midwestern Disaster Area Revenue Bond Financing for The Downtown Hotel Project. Information with Respect to the Job Impact of the Project will be Available at the Time of Consideration of the Initial MOTION: ADOPT (Poeschl; second, Pech) CARRIED: Ayes (6) Pech, Cummings, Herman, Allison - Aasby, Poeschl, Mayor Tower Mayor Tower questioned why the UW- Oshkosh Foundation was requesting funds more than the estimated amount needed. 3 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Arthur Rathjen, 800 Algoma Boulevard, President of the UW- Oshkosh Foundation, explained that the attorney from the bond council advised the UW Oshkosh Foundation to request funds to cover potential unanticipated costs. Mayor Tower stated his concern that the UW- Oshkosh Foundation was seeking to secure 100% financing of the hotel project. Tom Sonnleitner, Vice Chancellor for Administration Services for UW- Oshkosh, explained there was no liability to the City of Oshkosh relative to the bonds; the liability remained with the partners of the hotel. The UW -O Foundation was asking the City to sponsor a tax levying entity and hoped to raise money from investors and a TIF from the City; borrowing as little as possible. He stated if unanticipated challenges arose the UW -O Foundation did not want to have to come back to the City for additional bond approval. Council Member Poeschl asked if the hotel plan could be started prior to the final reading on the project. Mr. Rohloff stated although highly unlikely, the UW -O Foundation could start the project prior to the final reading. Mr. Rathjek explained the UW -O Foundation would not commence with the hotel project prior to the final reading. Council Member Poeschl inquired how many jobs would be created by the hotel. Mr. Rathjek stated between forty five and sixty jobs would be created by the hotel. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -441 Approve Rezoning the Properties at 302 -304 Ohio Street from C -2 General Commercial to C -2 General Commercial with a Planned Development Overlay MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Pech, Cummings, Herman, Allison - Aasby, Poeschl, Mayor Tower Ron Detjen, W692 Klondike Road, Berlin, President and CEO of ImproMed, stated ImproMed wanted to change the zoning of its existing property to match the property they were acquiring in order to construct a new building. He explained that ImproMed currently had four locations in the City and would like to consolidate them into one location. 4 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Ordinance 11 -442 Approval of Changes in Permit Parking and Leased Parking in the Ceape Avenue Parking Lot FIRST READING; LAID OVER UNDER THE RULES Ordinance 11 -443 Designation of Bicycle Lane on Elmwood Avenue and Approval of Parking Regulation Changes on Fugleberg Trail FIRST READING; LAID OVER UNDER THE RULES Resolution 11-444 Approval of Special Event — Various Bars on Main Street — Irving Avenue and Joe Kubiak / utilize city streets for Oshkosh Pub Crawl — October 8, 2011 MOTION: ADOPT (Pech; second, Cummings) MOTION: AMEND TO ADD CONDITION B - $1,500.00 DEPOSIT PRIOR TO EVENT (Cummings; second, Herman) LOST: Ayes (3) Pech, Cummings, Allison -Aasby Noes (3) Herman, Poeschl, Mayor Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (5) Pech, Cummings, Herman, Allison - Aasby, Poeschl Present (1) Mayor Tower Council Member Pech asked for an explanation as to why the pub crawl fell under the City's Special Event Policy. Ms. Lorenson explained the City's Special Event Ordinance was a two step process. The first step was to determine whether or not the event met at least one of the series of criteria identified in the ordinance for a special event. She explained the pub crawl met the criteria for more than 250 people attending the event, alcohol would be served and the event would require extraordinary services. She stated the second step was to determine if the event qualified for the exemptions under the ordinance and the pub crawl did not qualify for any exemptions. Mayor Tower stated he would vote "present" on the resolution as he had a family member with ownership interest in one of the Main Street taverns involved with the pub crawl. Council Member Herman stated he would vote in favor of the resolution however, if there were significant problems with the event he would not support it in the future. He stated the pub crawl attendees, bar owners and servers should bear the responsibility of the event and police themselves. 5 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Council Member Poeschl acknowledged the pub crawl was not the safest event; however he was concerned about the precedent that public sidewalks would become part of the Special Events Policy. He stated the Special Events Policy was designed as a tool the City could use to help shape the way events took place in Oshkosh and was concerned with the use of dollar signs as a deterrent for event organizers to not hold their events in the community. Council Member Pech urged pub crawl participants to be responsible for themselves and their friends and to not have fun at other people's expense. Council Member Poeschl asked Mr. Rohloff to explain his rationale for not accepting the withdrawal of the special event application for the pub crawl from its organizer. Mr. Rohloff explained at no time did the event applicant express his desire to cancel the event; only the application. He explained in good conscience, that he could not allow the organizer to withdraw the application for the special event knowing full well the event would be held as planned. He further explained the reality was if the application was allowed to be withdrawn, the event would likely take place and there would be no recourse to recover the costs that tax payers incurred for a private event that took place largely on public property. Council Member Cummings suggested the extraordinary costs would be Tess if volunteers offered to clean up after the event. Mr. Rohloff stated at the spring pub crawl, tavern owners and their staff took the responsibility of cleaning up Main Street after the event and that they did a commendable job. Council Member Allison -Aasby questioned if the event organizer had attempted to work with the Police and Fire Departments to make the event better for all parties. Chief Greuel stated after the last pub crawl his department got together with the event organizer to address concerns of the Police Department and agreed they would meet prior to the next planned pub crawl event. He explained the event organizer for the upcoming pub crawl had a good working relationship with the Special Operations Officer, but only to the extent of fulfilling the application obligations. Otherwise, he had been largely absent and had not taken responsibility for anything else. He added further that during the Special Event Committee Meeting City staff asked the event organizer to take more responsibility for the pub crawl and offered suggestions to help aid him in the event, however he did not reach out. Council Member Allison -Aasby questioned if it was possible to close off Main Street. 6 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Chief Greuel stated he would prefer not to close the street based on the experience of similar past events. He explained the event was designed to keep people moving which was Tess dangerous and more suitable for police to control rather than having crowds gather in the street. Council Member Allison -Aasby stated she would support the event this year, but if there were problems she would not support it next year. She urged the event organizer and tavern owners to properly clean up after the event and also make sure to take care of the Main Street businesses that were not involved in the pub crawl financially. Council Member Cummings stated he would support the event this year as it was an income producing event for the tavern owners. He encouraged the event organizer to coordinate with the tavern owners to donate a percentage of their sales to a worthy cause or organization in the City. Council Member Cummings proposed an amendment to require a deposit from the event organizer prior to the pub crawl. Council Member Poeschl stated he would not support the amendment citing it was a disincentive for event organizers to have to pay up front to hold their events. Council Member Pech explained he would support the amendment as up front costs were customary and part of the cost of doing business. Council Member Allison -Aasby inquired whether the City requested other event organizers for up front money. Mr. Rohloff replied the City had not in the past charged other event organizers an upfront deposit. He explained due to the nature of the pub crawl event he felt it was appropriate to charge an upfront deposit. Mayor Tower did not support the amendment to charge an upfront deposit. He explained if the City wanted an upfront deposit it should have been disclosed to the event organizer at the time of his meeting with the Special Events Committee. Council Member Poeschl stated that although it was a great idea to recommend that the pub crawl organizer use the event as a fundraiser for community organizations, he felt some of those organizations might not be comfortable accepting a donation due to the nature of the event. Resolution 11 -445 Approve Planned Development for Construction of Office Building and Related Surface Improvements at 300 -304 Ohio Street (Plan Commission Recommends Approval) 7 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Pech, Cummings, Herman, Allison - Aasby, Poeschl, Mayor Tower Resolution 11-446 Approve City of Oshkosh Pedestrian and Bicycle Circulation Plan (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Pech) MOTION: AMEND IN 4 PARAGRAPH STRIKE "ADOPTED AND "; AND, ADD "AS AN APPENDIX" AFTER INCORPORATED. IN 5 AND 6 PARAGRAPHS STRIKE "AND THE ATTACHED SUGGESTIONS / COMMENTS" CARRIED: Ayes (6) Pech, Cummings, Herman, Hall, Allison Aasby, Mayor Tower Noes (1) Poeschl VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower Paul Frederickson, 104 W. Custer Avenue, supported the pedestrian and bicycle plan as he was an avid bicyclist and runner. Ken Kubiak, 3590 Bambi Lane, Town of Algoma, President of the Oshkosh Cycling Club, stated the pedestrian and bicycle plan was excellent, created another recreational resource and promoted a healthy life style. He commended the efforts of everyone who contributed to the plan. Steve Barney, 1335 Summit Avenue, supported the pedestrian and bicycle plan and hoped that snow would be removed from the streets to allow for winter use of the bike lanes. Edna Kelly, 1417 N. Main Street, stated as both a bicyclist and a walker in the City she supported the pedestrian and bicycle plan. Mayor Tower questioned if the attached Suggestions / Comments would be reviewed and voted upon by the Council. Dave Buck, Principle Planner, explained that the attached Suggestions /Comments reflected input received at various public informational meetings and the committee that drafted the plan felt they were important and should be included in the record. Mr. Rohloff suggested the Council amend the resolution to incorporate the Suggestion /Comments as an appendix. NOTE: Council Member Hall arrived at 7:21 p.m. 8 PROCEEDINGS OF THE COMMON COUNCIL — SEPTEMBER 27, 2011 Council Member Poeschl stated the Suggestions /Comments should be part of the resolution and not incorporated as an appendix. 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. Budget workshops would be held on October 17 October 24 and November 16 A workshop on the focus and long term goals of the Long Range Finance Committee would be held in the future. A workshop to present the Analysis for the Libbey Avenue /Nicolet Avenue Storm Water Watersheds would be held in the future. A presentation from Carlson Consulting regarding the Classification and Compensation Study would be held on October 11 Council Member Hall explained he attended a work related meeting in Madison and that was the reason he arrived late. CITIZEN STATEMENTS There were no citizen statements. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff gave an update on the Health Department Consolidation with Winnebago County. He explained the impact on the City tax payer would be an increase in the level of services provided and a one to one and one half penny per $1000 increase in property taxes. He stated the current Health Department employees would be offered employment with the county with no loss in seniority. Mr. Rohloff explained the Police Department would waive purchase bids for the police and detective vehicles as they received a better deal going through the State's bidding process. MOTION: ADJOURN (Cummings; second, Hall) CARRIED: VOICE VOTE The meeting recessed at 7:47 p.m. PAMELA R. UBRIG CITY CLERK 9