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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OfHKOJH ON THE WATER REGULAR MEETING held Tuesday, October 11, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Steven Herman, Jef Hall, Deb Allison- Aasby, Tom Pech, Jr, 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 Cummings read the Invocation The Pledge of Allegiance was led by Council Member Cummings PROCLAMATION A proclamation was presented by Mayor Tower declaring October as Wisconsin Disability Employment Awareness Month in the City of Oshkosh. NOTE: Council Member Poeschl arrived at 6:05 p.m. CITIZEN STATEMENTS Bob Cornell, 548 W. Smith Avenue, invited the community to celebrate the 150th anniversary of Peace Lutheran Church on October 30th Eric Delf, 860A Jackson Street, stated his concerns with the recent pub crawl on Main Street and urged the Council not to allow pub crawls in the future. Dennis McHugh, 1220 Greenfield Trail, stated his displeasure that the Council allowed the pub crawl to happen and felt it made the City look bad. He recommended the Council not approve a TIF or invest in the downtown hotel as he felt the hotel was doomed to fail according to past precedence. Kesha Haas, 860 Jackson Street, stated she was against having pub crawls and felt it reflected badly against the City. 1 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 PUBLIC HEARING Ordinance 11-447 Approve Zone Change from C-2 General Commercial to C-2 General Commercial with a Planned Development Overlay / 1759 West 9th Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CONSENT AGENDA Approval of Bills presented by the Finance Director Receipt and Filing of Library Board Minutes from August 25, 2011 Receipt and filing of Common Council Minutes from September 13 and September 27, 2011 Receipt of Claim Filed with the City's Insurance Company / American Family on behalf Steven and Lisa Buss for alleged damages to their insured's vehicle after being hit by a Police Department Vehicle Receipt of Claim Filed with the City's Insurance Company / Darrell Diestler for alleged loss of bicycle due to it going in the river Receipt of Claim Filed with the City's Insurance Company / Dorner, Inc. for alleged damages as a result of hitting an unmarked water main on Algoma Boulevard Receipt of Claim Filed with the City's Insurance Company / Laura Gray for alleged damages to her vehicle as a result of being hit by a Parks Department vehicle Receipt of Claim Filed with the City's Insurance Company / David Richmond for alleged damages to vehicle as a result of hitting a manhole cover laying in the street at Pearl Avenue and Dawes Street Receipt of Claim Filed with the City's Insurance Company / Chris Schettle for alleged damages to vehicle as a result of hitting metal objects on High Avenue Resolution 11-448 Approve Settlement with Villa St. Theresa Inc. Resolution 11-449 Authorize City Staff to Submit Certification of Intent to Comply with EPA Order Resolution 11-450 Approve Amendment to Previously Approved Planned Development to Expand and Redevelop Existing Shopping Center / 1508-1550 South Koeller Street (Plan Commission Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 Council Member Poeschl questioned what would happen to the stormwater management activities in the area behind the shopping center. Mr. Rohloff indicated the City was already acquiring property from the Armory to build a retention pond and intended to combine that property with additional property on the east side of the shopping center to build a larger retention pond than what was originally mapped out. Resolution 11-451 Award Bid for Replacement of Safety Building Condenser ($73,200.00) Resolution 11-452 Award Bid for Replacement of City Hall Chiller ($88,500.00) Resolution 11-453 Award Bid for City Center Parking Ramp Repairs ($69,934.40) Council Member Herman asked Mr. Rohloff to clarify whether or not the City owned the City Center parking ramp. Mr. Rohloff explained there was an issue as to who owned the parking ramp. In the eyes of City staff, the City did not own the parking ramp; however since the 1970's there was a maintenance agreement that required the City to be responsible for the upkeep of the parking ramp. Resolution 11-454 Approve Employee Handbook Updates — Grievance Procedure Retirement (WRS Contribution) — Inclusion/Exclusion Mayor Tower stated he thought there were too many levels of review in the grievance procedure. He also felt that the Council should not be included in the grievance process. John Fitzpatrick, Director of Administrative Services, explained that the number of levels of review for the grievance procedure mirrored what was currently in the collective bargaining agreements. He further explained that state statute mandated the Council be included in the grievance process. Resolution 11-455 Approval Intergovernmental Cooperation Agreement for Impartial Hearing Officers Council Member Hall questioned whether it was impartial enough to use the city attorneys from the cities of Appleton, Menasha, Neenah and Fond du Lac as impartial hearing officers when settling grievance issues. Mr. Rohloff explained from an ethical standpoint through the code of ethics the attorneys followed they would have to maintain some independence. He also explained the grievance procedure allowed him to choose internal department heads as impartial hearing officers. 3 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 Resolution 11-456 Authorize $9,965,000 General Obligation Corporate Purpose Bonds, Series 2011C Resolution 11-457 Authorize $2,895,000 General Obligation Promissory Notes, Series 2011D Resolution 11-458 Establish Fee Schedule for Parking Utility Resolution 11-459 Approve Special Event — Oshkosh Disc Golf Club / Utilize Red Arrow Park for 2011 Discraft Ace Race October 22, 1011 Resolution 11-460 Disallow Claim by Kevin Abitz (for alleged damage from a sewer backup) Resolution 11-461 Disallow Claim by Darrell Diestler (for alleged loss of bicycle due to it going in river) Resolution 11-462 Disallow Claim by Norman Moss (for injuries from allegedly falling on Skyview Avenue) Resolution 11-463 Approve Special Class "B" Licenses and Taxi-cab license MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11-456 AND RESOLUTION 11-457 (Cummings; second, Herman) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Resolution 11-456 Authorize $9,965,000 General Obligation Corporate Purpose Bonds, Series 2011C MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Council Member Pech requested feedback from the Finance Director regarding the bonds. Peggy Steeno, Finance Director, stated the rates on the bonds and notes were the highest the City had gotten since 1988 excluding 2009 and 2010 which were extraordinarily high due to the "Build America" stimulus bonds. Resolution 11-457 Authorize $2,895,000 General Obligation Promissory Notes, Series 2011D 4 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Council Member Herman requested an explanation of what the bonds were for. Ms. Steeno explained fifty percent of the bonds were allotted for street improvements and the other fifty percent covered TIF improvements and the riverwalk. The notes were primarily for equipment and building/property improvements throughout the City. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11-464 Approval of Changes in Permit Parking and Leased Parking in the Ceape Parking Lot MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Council Member Herman questioned if the proposed changes in permit parking and leased parking in the Ceape Avenue parking lot would have an adverse effect on the convention center. Chris Strong, Director of Transportation, stated the convention center was included in discussions with the Parking Utility Commission and they were comfortable with ten percent of the Ceape Avenue parking lot being dedicated as twenty four hour leased parking. Ordinance 11-465 Designation of Bicycle Lane on Elmwood Avenue and Approval of Parking Regulation Changes on Fugelberg Trail MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower Ordinance 11-466 Approval of Parking Regulation Changes on Smith Avenue FIRST READING; LAID OVER UNDER THE RULES COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS Budget workshops would be held on October 17th, October 24th and November 16th A workshop on the focus and long term goals of the Long Range Finance Committee would be held after the budget was finished. 5 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 A workshop on the Health Department consolidation with Baker-Tilly was scheduled for October 25th CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, questioned if there would be parking restrictions on busy streets during leaf pick up times. Mr. Patek explained if a problem arose where the leaf picker could not reach the leaves due to parked cars; his department would communicate with the Police Department to rectify the problem. Ms. Diener was concerned that citizens were dumping leaves and debris on the railroad property in her neighborhood. COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Council Member Herman stated with the budget workshops approaching he wanted to remind everyone that the Oshkosh Civility Project was a community based effort to encourage better practices of interpersonal communication. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated there would be a post event meeting held regarding the recent pub crawl on Main Street. He reiterated the City did not condone the event which most likely would have occurred whether or not a special event permit was issued. Council Member Herman questioned if there was a legal way to stop the pub crawl from happening. Mr. Rohloff responded the City could not necessarily stop the event from happening but it could address the symptoms of the problems of the event. Council Member Cummings was disappointed that the pub crawl event organizer ignored some of the things he was asked to do by the City in order to make the event safer. Mr. Rohloff explained a TIF application was received and would be reviewed by City staff regarding the City Center Hotel. He stated the first CVS Pharmacy neighborhood meeting would be held on October 12th Jim Bachhuber from AECOM, Steve Gohde, Assistant Director of Public Works and James Rabe, Civil Engineer II gave a presentation on the Libbey Avenue/Nicolet Avenue Stormwater watersheds. 6 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 11, 2011 MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, AND PARAMETERS RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITH LOCAL NO. 316, I.A.F.F., OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION AND AFSCME 796 (TRANSIT) PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. (Herman; second, Pech) CARRIED: Ayes (7) Cummings, Herman, Hall, Allison-Aasby, Poeschl, Pech, Mayor Tower MOTION: ADJOURN (Pech; second, Cummings) CARRIED: VOICE VOTE The meeting adjourned at 7:32 p.m. PAMELA R. UBRIG CITY CLERK 7