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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday, May 10, 2011, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Steven Herman, Deb Allison-Aasby, Bob Poeschl, 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 Josiah Miller and Grace Miller from Emmeline Cook; and, Natalie Mattmiller and Samantha Schimmel from Oaklawn Elementary School P ROCLAMATION A proclamation was presented by Mayor Tower declaring the month of May 2011 as Historic Preservation Month CS ITIZEN TATEMENTS Bob Cornel, 548 W. Smith Avenue, thought the vacant Council seat should be given to the candidate with next highest votes. PH UBLIC EARINGS Resolution 11-203 Approval of Final Resolution for Special Assessments / Paving, Sidewalk, Driveway and Utilities / Second Local Street Concrete Paving Program – South Side MOTON: ADOPT (Poeschl; second, Cummings) CARRIED: Ayes (6) Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower th Carl Sosnoski, 2475 Knapp Street, owner of commercial property located at 556 W. 5 Avenue where he had just completed repaving the parking lot. He explained the proposed th resolution allowed for the City to place a storm sewer lateral under 5 Avenue up to his parking lot for future connection to avoid the street needing to be dug up if the parking lot would ever be reconstructed. He stated he did not believe he should have to pay the 1 PCC–M10,2011 ROCEEDINGS OF THE OMMON OUNCIL AY assessment for the storm sewer lateral as he would not own the property by the time the parking lot would need to be replaced. He also felt it was unfair for owners of commercial properties to be charged a higher rate for street reconstruction than residential property owners. Additionally, he felt he should not be charged an assessment for the sidewalk to be replaced as the sidewalk was in good condition prior to the street being reconstructed. Mr. Rohloff stated typically laterals were installed when streets were reconstructed. Although the connection to Mr. Sosnoski’s parking lot would not take place until the parking lot was replaced, the newly reconstructed street had a life expectancy of forty to fifty years. The City was merely trying save the property owner the expense of having to tear up the street when the time came to hook up the new parking lot to the storm sewer lateral. With respect to commercial property owners being charged a higher rate for street reconstruction than residential property owners, typically a commercial street had higher standards with regard to depth, materials used and width than a residential street. Regarding sidewalks, the City did not go out and evaluate every sidewalk when putting together the assessment schedule. In order to avoid the City having numerous public hearings on one project, the assessments were completed by estimating the whole sidewalk to be replaced. Once the project was completed the property owner would only be charged for the sidewalk slabs that were actually replaced. Council Member Poeschl requested a list of municipalities that charge higher assessment rates for commercial property owners than residential property owners. Mr. Rohloff stated he would provide a list of municipalities that charge higher assessment rates for commercial property owners than residential property owners in a future newsletter. Council Member Allison-Aasby asked if it was possible to average the costs and apply one set fee for special assessments to be fair to business owners. Mr. Rohloff explained City staff examined what benefit accrued to the property owner when determining special assessment charges. Residential properties did not generate traffic like businesses. Also, residential property owners typically would not have semis or delivery trucks driving on their streets. Resolution 11-204 Approval of Final Resolution for Special Assessments / Paving, Sidewalk, Driveway and Utilities / Third Local Street Concrete Paving Program – North Side MOTION: ADOPT (Pech; second, Poeschl) CARRIED: Ayes (6) Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower Luvern Kienast, 765 N. Washburn Street, was opposed to the paving of Tennessee Street and Custer Avenue. 2 PCC–M10,2011 ROCEEDINGS OF THE OMMON OUNCIL AY CA ONSENT GENDA Approval of Bills Presented by the Finance Director. Receipt and filing of Common Council Minutes from April 19 and April 26, 2011. Receipt and filing of Library Board Minutes from March 31, 2011. Receipt of Claim filed with the City’s Insurance Company / Sabrina Hill for alleged damages as a result of tripping over rolls of cyclone wire on the sidewalk Receipt of Claim filed with the City’s Insurance Company / Sean and Janice Adams for alleged damages to their vehicle as a result of an ambulance backing into it Resolution 11-205 Approve Appointments to the following Boards and Commissions: Transit Advisory Board, Parking Utility Commission, Housing Authority, Plan Commission, Grand Opera House Advisory Board, Landmarks Commission, Traffic Review Advisory Board, Advisory Park Board, Board of Health, Urban Wildlife Committee, Sustainability Advisory Board, Long Range Finance Committee, Redevelopment Authority, Grand Opera House Foundation Board, and Convention and Visitor’s Bureau Board Resolution 11-206 Approve Submittal of Waterways Commission Financial Assistance Application for City Center Docks Resolution 11-207 Authorize Grant Application to the Wisconsin Department of Natural Resources for Targeted Runoff Management or Urban Nonpoint Source (Pollution) and Storm Water Grant Program Resolution 11-208 Approve Amendment to 2011 Business Improvement District Operating Plan to Increase Board Membership to Include Alternates (BID Board Recommends Approval) Resolution 11-209 Approve Conditional Use Permit for Construction of a Wet Storm Water Detention Basin at the Intersection of Westhaven Circle and Maricopa Drive (Plan Commission Recommends Approval) Resolution 11-210 Approve Lease Extension / Spanbauer Memorial Field – Concession Operations Council Member Poeschl questioned why the lease extension was for only one year when typically it was a five year lease. Mr. Rohloff explained the Parks Department wanted to reevaluate the arrangement between the Fraternal Order of the Eagles and the City as a result both parties agreed to a one year lease. 3 PCC–M10,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 11-211 Approve Combination “Class A” License and Junk Collector License MOTION: ADOPT CONSENT AGENDA (Poeschl; second, Cummings) CARRIED: Ayes (6)Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 11-212 Approve Amendment to Section 2-38(A) BID Board Membership and Terms to Increase membership to Include Two Alternates (BID Board Recommends Approval) Council Member Poeschl wanted to know what the difference was between Resolution 11-208 and Ordinance 11-212. Ms. Lorenson explained Ordinance 11-212 would set the membership and replace the current ordinance. Each year the BID had to complete an operating plan and Resolution 11-208 incorporated the membership change into their 2011 operating plan. MOTION: ADOPT (Poeschl; second, Pech) CARRIED: Ayes (6)Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower Ordinance 11-213 Approve Harwell Annexation Request from Town of Oshkosh / 635 West Snell Road (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES RO ECONSIDERED RDINANCE Ordinance 11-214 Approve Amendment to Section 25 Streets and Sidewalks to Create Sidewalk Café / Outdoor Seating Regulations in the Public Right-of- Way on North Main Street (BID Board Recommends Approval) MOTION: RECONSIDER (Herman; second, Pech) CARRIED: Ayes (6)Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower MOTION: ADOPT (Allison-Aasby; second, Cummings) MOTION: LAYOVER TO MAY 24, 2011 MEETING (Pech; second, Cummings) CARRIED: Ayes (6) Cummings, Herman, Allison-Aasby, Poeschl, Pech, Mayor Tower 4 PCC–M10,2011 ROCEEDINGS OF THE OMMON OUNCIL AY th Council Member Pech suggested the Council layover the ordinance until the May 24 meeting to give the BID time to get input from the downtown retailers. Council Member Herman questioned who was involved in creating the ordinance for outdoor seating/sidewalk cafes. Allen Davis, Director of Community Development, stated the City had worked closely with the BID in creating the ordinance and also used templates from surrounding communities. He explained a meeting was held the past week with downtown business owners who came up with ideas and questions that the City and BID had not thought of when they drafted the ordinance. Council Member Cummings had received questions from individuals asking if smoking would be permitted in the outdoor cafes. Council Member Poeschl asked what ideas or questions the downtown business owners had regarding the ordinance. Mr. Davis replied the business owners wanted to know what type of barrier and the distance from the tree grates the City required. Also what time outside items had to be put away and what time they could be brought out. Council Member Pech questioned if two weeks was enough time for City staff and the BID to address the issues brought up by the business owners. Mr. Davis stated two weeks could be enough time to address the issues but thought a month would be better. Council Member Cummings was concerned a month would be too far out for downtown business owners wishing to install outdoor seating areas. Council Member Allison-Aasby also was concerned that a month was too long to iron out the issues of the ordinance and would only frustrate downtown merchants. Council Member Herman agreed that a month was too long to ask the downtown business owners to wait for the ordinance to be tweaked. Council Member Allison-Aasby encouraged City staff to work not only with the BID but to seek input from the downtown business owners and Chief Greuel. Mayor Tower wanted City staff to include their recommendations, specifically regarding smoking, for any changes to the ordinance. Council Member Herman asked for clarification on what would be brought before the th Council at the May 24 meeting regarding the ordinance. 5 PCC–M10,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rohloff clarified that there was a motion to adopt the original ordinance and a motion to thth lay it over until the May 24 meeting. Any changes made to the ordinance on May 24 would be considered amendments. Council Member Poeschl asked if Ordinance 11-214 was a passed ordinance. Mr. Rohloff stated that the sidewalk café ordinance was not in effect. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A workshop on sustainable street widths was scheduled for June 14, 2011. Council Member Poeschl scheduled a workshop on the Oshkosh Neighborhoods Project for thth June 28. He would also like the agenda for the May 24 meeting to reflect a reconsideration of Resolution 11-204 in light of a letter the Council had just received regarding Custer Avenue. Mr. Rohloff stated the letter regarding Custer Avenue related to street widths and the action that was passed at the current meeting only dealt with special assessments. He stated the letter regarding Custer Avenue was as appropriate issue and he had already requested that th the City Clerk add the letter as correspondence for discussion on the May 24 meeting agenda. CS ITIZEN TATEMENTS Patricia Diener, 1316 Broad Street, stated she and her neighbors were trying to maintain the railroad property along Broad Street and asked if no parking signs could be placed along that area so the heavy equipment brought in for road reconstruction would not park there leaving deep ruts in the grass. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff stated contracts and bids were awarded for manhole/inlet castings and other items related to the infiltration-inflow reduction program. The results of the 2011 budget survey concluded that citizens placed the most importance on streets and storm sewers. Other items that rated of high importance were the police and fire departments and the library. The results of the 2011 budget survey would be posted on the City’s website. Finally, a public information meeting concerning the Otter Street Parking Lot would be held th on May 19. MOTION: ADJOURN (Cummings; second, Poeschl) CARRIED: VOICE VOTE The meeting recessed at 7:15 p.m. PAMELA R. UBRIG CITY CLERK 6