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HomeMy WebLinkAboutCouncil Minutes, Oct.11, 2011 & Oct. 25, 2011 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OJHKOIH 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 PROCEEDINGS OF THE COMMON COUNCIL 4 CITY OF OSHKOSH, WISCONSIN OJHKOJH ON THE WATER REGULAR MEETING held Tuesday, October 25, 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, Bob Poeschl, Tom Pech, Jr, Steve Cummings, 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 Herman read the Invocation The Pledge of Allegiance was led by Hans Woldt and Micayla Sawicki from St. Elizabeth Ann Seton; and, Alexandria Wogernese and Ian Leafgren from St. Frances Cabrini Elementary Schools CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, stated she was glad the Canadian National Railroad donated money to create and install signs to commemorate the old railroad bridge and preserve its history. CONSENT AGENDA Approval of bills presented by the Finance Director. Receipt and filing of Museum Board Minutes from September 1, 2011. Resolution 11-467 Approve Change Order No. 1 for Parks Contract No. 11-272 with Munson, Inc., for 44th Parallel Tennis Court Reconstruction Project ($1,000.00) Resolution 11-468 Approve Update to City of Oshkosh Comprehensive Outdoor Recreation Plan Council Member Herman commended the Parks Board and the Parks Department Staff for their efforts on the Comprehensive Outdoor Recreation Plan. 1 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011 Council Member Poeschl stated as the Council Representative to the Parks Board, he found the process of developing the Comprehensive Outdoor Recreation Plan to be exhilarating. He stated through the course of citizen input and surveys he thought the plan was more expanded than what the Parks Board and City Staff could have created on their own. Mayor Tower urged the public to view the Oshkosh Comprehensive Outdoor Recreation Plan on the City's website. Resolution 11-469 Grant Access Easement to American Transmission Company Along the Southern Property Line of the Detention Basin at the Southeast Corner of Westhaven Circle and Maricopa Drive (Plan Commission Recommends Approval) Resolution 11-470 Authorize $8,290,000 Sewer System Revenue Bonds, Series 2011 E Resolution 11-471 Authorize $6,510,000 Water System Revenue Bonds, Series 2011 F Resolution 11-472 Award Bid for Public Works Contract No. 11-28 to August Winter and Sons, Inc. for the Water Filtration Plant Chlorine and Ammonia Feed Equipment Replacement Project ($42,500.00) Resolution 11-473 Authorize Jurisdictional Offer for the James Road Area Stormwater Detention Basin Project in the Amount of$825,000.00 Resolution 11-474 Approve Recommendations for Stormwater Management in the Libbey Avenue and Nicolet Avenue Drainage Basins Resolution 11-475 Approve Location and Design of Menominee Park Restrooms Shelter Facilities and Award Bid to Cardinal Construction Resolution 11-476 Approval of Block Party Request — Melvin Avenue between Bowen Street and Bong Court/ October 31, 2011 Resolution 11-477 Approval of Special Event — BID (Business Improvement District) / Downtown Halloween Trick or Treat/ October 29, 2011 Resolution 11-478 Approve Special Event — Oshkosh Chamber of Commerce / Oshkosh Chamber Holiday Parade / November 10, 2011 Resolution 11-479 Approval of Special Event — BID (Business Improvement District) / Holiday Parade Pre-Activities (Christmas Tree Lighting and Reindeer in Grand Opera Square) / November 10, 2011 2 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011 Resolution 11-480 Approval of Special Event — BID (Business Improvement District) / Red Saturday and Horse Carriage Rides / November 19, 2011 Resolution 11-481 Approval of Special Event — Festival Foods Turkey Trot Operations Committee / Festival Foods Turkey Trot / November 24, 2011 Resolution 11-482 Approval of Special Event — Special Olympic Fox Valley Region / Polar Plunge / February 16, 17, and 18, 2012 Resolution 11-483 Approval of Special Event — American Heart Association / Heartchase / October 13, 2012 Resolution 11-484 Disallow Claim by Harold Eichstadt (for alleged dispute over right-of- way) Resolution 11-485 Disallow Claim by Jane Doefer (for alleged damage to tire while driving on High Avenue) Resolution 11-486 Disallow Claim by Ken Allen (for alleged damages to vehicle due to hitting a boulder in a parking space in the library parking lot) Ken Allen, 3256 W. 20th Avenue, felt his claim should not be denied and asked what recourse he had. Ms. Lorenson stated Mr. Allen would receive a letter from the City explaining he would have six months from the date of disallowance to decide if he wanted to pursue a lawsuit against the City. Council Member Allison-Aasby questioned if there was a discussion with the library regarding the boulder. Ms. Lorenson stated the library had been consulted. She explained in order for the City to be liable it would have had to have done something that caused damage or it would have had to have notice of something but did not do anything to prevent damage. In this case, she further explained the library indicated they did not have any knowledge that the boulder had been moved from its island prior to the incident. Council Member Allison-Aasby questioned who was ultimately responsible for assessing the parking lot to be sure there is not any landscape issues. Ms. Lorenson stated the all of the landscape boulders were removed from the parking lot as the City became aware the boulders would pose a potential problem. 3 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011 Resolution 11-487 Approve Special Class "B" Licenses, Operator License and Taxi-cab license MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11-468 (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings, Mayor Tower Resolution 11-468 Resolution 11-468 Approve Update to City of Oshkosh Comprehensive Outdoor Recreation Plan MOTION: ADOPT (Poeschl; second, Herman) CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings, Mayor Tower Council Member Poeschl explained his rationale for pulling Resolution 11-468 from the Consent Agenda was that he operated under the premise that created plans should be voted on separately. He stated voting separate from the Consent Agenda put a level of importance on the created plan. ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11-488 Revise Current Municipal Code Provisions to Comply with New Statutes Related to Carrying Concealed Weapons / to Prohibit the Carrying of Firearms and Other Weapons on Certain Municipal Property and Buildings. FIRST READING; LAID OVER UNDER THE RULES Ordinance 11-489 Approval of Parking Regulation Changes on Smith Avenue MOTION: ADOPT (Cummings; second, Poeschl) CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings, Mayor Tower Ordinance 11-490 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) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings, Present (1) Mayor Tower 4 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011 Mayor Tower explained he would vote present on the ordinance as he had a relationship with an individual involved in the development. Resolution 11-491 Approval of Special Event — Christine Ann Domestic Abuse Services / Race for the Light 5k RunNValk / December 3, 2011 MOTION: ADOPT (Hall; second, Cummings) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower Council Member Pech recused himself from the vote and left the dais as he explained he was the applicant for the special event. Tom Pech, Jr., 1275 W. Smith Avenue, was the founder and Director for the Race for the Light. He thanked the City for services rendered and stated for the past nine years of the event the City had been a great partner in making sure the event was safe and fun. Note: After the vote was taken on Resolution 11-491, Council Member Pech joined the Council on the dais. Resolution 11-492 Approve Conditional Use Permit and Planned Development to Convenience Store for Kwik Trip Inc. at 1759 West 9th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings Present (1) Mayor Tower Mayor Tower explained he would vote present on the resolution as he had a relationship with an individual involved in the development. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A budget workshop would be held on 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. CITIZEN STATEMENTS There were no citizen statements. 5 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011 COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Council Member Cummings informed the public if they had called and left messages on his home phone to please email him instead, as he could not retrieve the messages. He also encouraged citizens to view the new mural on the side of the Sparr building across from the Grand Opera House. In addition, he urged the Council to tour the Boys and Girls Club either as a group or individually. Mayor Tower added the nutcrackers would soon be on display throughout Oshkosh and as Ms. Diener alluded to earlier, the City received $20,000 from Canadian National Railroad to commemorate the history of the old railroad bridge. He explained in the future there would also be plaques along the riverwalk and in the parks donated by civic groups also to preserve the history of Oshkosh. He also mentioned the City had received a $100,000 grant for low income housing through the help of Neighborworks. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated he would have an update on outstanding projects for the Council by the end of the week. He stated an application was received by Oshkosh Investors, LLC and was under review regarding the City Center Hotel TIF. A budget information meeting for the public would be held at the Senior Center on November 2nd at 6:00 p.m. He also explained the City was involved in discussions with the Town of Nekimi regarding the City's participation in the repaving of Poberezny Road. He stated the first CVS Working Committee Meeting was held to identify potential uses for the property and another meeting was planned for October 26th MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:00 p.m. PAMELA R. UBRIG CITY CLERK 6