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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday, May 24, 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, and Mayor Burk Tower EXCUSED: Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; David Praska, Assistant City Attorney; and Dave Patek, Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Isaac Bock and Sam Gengo from Washington Elementary School; and, students form ALPS Charter School POAA RESENTATION F CANTHUS WARDS The Landmarks Commission presented the 2011 Acanthus Awards to the citizens of Oshkosh for their contributions to the restoration of the Grand Opera House; Jerry’s Bar celebrating its one hundred year anniversary of four generations of family ownership; and Leonard H. Reinke, Fellow of the American Institute of Architects, for his vision and contributions in designing institutional buildings that define and grace the public realm of Oshkosh. P ROCLAMATION A proclamation was presented by Mayor Tower declaring Sunday, June 12, 2011 as Race Unity Day in the City of Oshkosh. CS ITIZEN TATEMENTS Bob Cornel, 548 W. Smith Avenue, informed the Council that the Oshkosh Senior Center received another five year accreditation from the State of Wisconsin. STFOSCM ELECTION O ILL PEN EAT OF OUNCIL EMBER Chaz Hamilton, 1018 Cherry Street, stated he had the strength and attitude to bring change to the council as he was not part of the status quo. He had held leadership positions with 1 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY various organizations including the NAACP, The Black Student Union, and the Robert’s Rules of Order Committee of Milwaukee. If given the opportunity he had ideas to share regarding recycling, neighborhood revitalization, and most importantly, the budget. Council Member Herman asked how long Mr. Hamilton lived in the City of Oshkosh. Mr. Hamilton replied he had lived in Oshkosh for four years. Council Member Herman asked if Mr. Hamilton had served on any of the City boards and commissions. Mr. Hamilton replied he had not served on any of the City of Oshkosh boards and commissions. Council Member Poeschl asked Mr. Hamilton what ideas he had for neighborhood revitalization. Mr. Hamilton felt snow and ice removal were an issue especially in the college area. He stated there was a lot of litter and trash in the area near the YMCA on Washington Avenue that should be cleaned up. He would also focus on certain landlords in the City. Council Member Poeschl asked Mr. Hamilton for his thoughts about sustainability and how he saw it playing a role in the City of Oshkosh. Mr. Hamilton felt sustainability was important in the long run for the City even if it cost more money up front. For example, building roof top gardens would help eliminate storm water run off. He thought the City should hire green energy contractors whenever possible. Mayor Tower asked Mr. Hamilton to share his ideas for moving the City forward. Mr. Hamilton felt the City should take advantage of its resources. He believed the City should focus on diversity and invest in the City Center. He also thought a partnership between city residents near the college area and the university would be helpful. Jef Hall, 112 E. Irving Avenue, had a longtime demonstrated interest in community affairs and public policy having served on the Winnebago County Board. He was interested in serving on the Common Council as the council took care of the things and systems that made people’s lives better. Council Member Herman asked Mr. Hall to explain his creative ways to deliver services while preserving the quality of those services. Mr. Hall gave an example of how the Winnebago County Board hired six people but still saved half a million dollars in the budget. He believed he had the ability to see past the short term problem to find a solution that would benefit the long term for a better service or quality of life for residents. 2 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Herman asked Mr. Hall what he believed the mission and responsibility of government should be. Mr. Hall believed it was the job of the government to execute objectives that contribute to the quality of life of the entire community. Roads and trash collection were important, however places like the Senior Center, the Grand Opera House and the Oshkosh Public Library brought much to the community. Mayor Tower asked Mr. Hall if there would be a conflict of interest with him serving on both the Winnebago County Board and the Common Council. Mr. Hall stated there were several before him who served at the same time on the County Board and the Council. He acknowledged there might be occasional meetings that would overlap, however he believed serving the City was important and he would make time for the Council. Kyle Clark, 1836 Ohio Street, stated as a lifelong resident of Oshkosh he had grown to appreciate the complex issues facing the City. He had been involved in the community through recreation league softball, area food drives, assisting with the adopt a highway program, cleaning up and building trails in the Sheldon Nature Area, as well as working with veterans to place flags on soldiers graves on Memorial Day. He felt his educational background in political science provided him with a unique set of skills that would prove useful to the council. He stated the understanding of research and good information helped provide a better picture in decision making. He believed the extensive practice and case study work for his master’s degree gave him a solid foundation of information on both what can work and the limitations of local government. He had extensive training in survey administration and interpretation explaining information gathered from a survey was a great source of raw data but could not become policy until it was interpreted and applied. He and his wife chose to live and work in the City of Oshkosh and were looking to build their family story there. Thus he had a vested interest in the success of the City and felt joining the City Council was a great way to ensure his future children and the residents of the City would want to stay in Oshkosh. Also, he felt being new to the political game would be an advantage as he was not attached to a political party or a certain set of ideas. Council Member Cummings asked if Mr. Clark would have adequate time to serve on boards and commissions and attend functions required of council members. Mr. Clark replied absolutely he would have time to serve on boards and commissions and attend functions required of council members. Prior to turning in his council appointment papers he spoke to both his manager and his wife who were very supportive of Mr. Clark’s desire to serve on the council. Mayor Tower asked Mr. Clark what issues concerned Mr. Clark the most. Mr. Clark stated in his twenty five years of residency he noticed the transition from a center of industry to also embracing tourism. He felt the balance between serving the business 3 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY owners of the City and continuing to draw outside guests into the City was something which needed to be maintained. Whether it was through the budget, proclamations, or continued outreach with existing organizations, keeping the balance of industry, local business, and attracting tourism were important to him. Harold Buchholz, 1165 Algoma Boulevard, served on the Council in a similar capacity in 2009-2010 when Paul Esslinger became mayor. He was a proponent of the City having and implementing a strategic plan and felt his experience of having gone through the budget process would be helpful for the especially difficult 2012 budget looming ahead. To increase his understanding of sustainability issues and green building concepts, he took a course at Fox Valley Technical College and planned to become LEED certified. He currently served on the Long Range Finance Committee and watched all of the council meetings which made him familiar with what was going on in the City. Council Member Poeschl noted Mr. Buchholz had already served an appointed ten month term on the council. He asked why Mr. Buchholz opted to be possibly appointed again instead of running for a two year council seat in April, 2011. Mr. Buchholz stated time constraints only allowed for him to serve a solid ten month term. He felt his life style might not allow him to passionately serve a two year term. Mayor Tower asked Mr. Buchholz what issues concerned him the most. Mr. Buchholz stated storm water management, economic development and efficiency in operations were the issues which concerned him the most. Council Member Poeschl asked what benefit Mr. Buchholz’s course study and LEED certification would bring to the dais. Mr. Buchholz stated he could use the knowledge of what he learned to contribute to sustainability discussions and projects of the City. Bob Cornel, 548 W. Smith Avenue, did not support the process of the council appointing a person to the open council seat and stated he would have liked to have known if the candidates considered running for the seat in April, 2012. Patricia Diener, 1316 Broad Street, preferred the comments made by Mr. Buchholz. Mayor Tower asked each applicant to answer the question “if appointed to the council would you be interested in running for election in 2012”. Mr. Hamilton stated if he was appointed to the council and felt over the course of ten months he was serving the citizens well he would seek election. Mr. Clark stated he was interested in serving long term, however when the time came he would have to discuss the possibility of running with his manager and his wife. 4 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Hall stated he had a steady interest in local policy and most likely would seek election, however he would have to consider his position on the County Board also. Mr. Buchholz stated he would take it one term at a time. If after ten months he felt he wanted to run for another term he would do so. Council Member Cummings asked Mr. Clark and Mr. Hamilton why they did not run for election in April, 2011. Mr. Clark stated he was not in a time or financial position to run a campaign due to being unemployed for six weeks and starting a new job. Mr. Hamilton stated at the time candidates were campaigning for the spring, 2011 election, he was a supporter of Jef Hall. Mayor Tower asked the Council for comments regarding the applicants. Ms. Allison-Aasby stated all four of the applicants brought forth a skill set that was advantageous for serving on the council. She favored Mr. Hall for the open council seat as he had gone through the process of running for council. She felt by running for council a candidate was exposed to the community and open to both support and criticism. Also, the results of the April, 2011 Election demonstrated public support for Mr. Hall. Council Member Herman agreed there were four quality applicants but supported Mr. Hall due to the fact he tied with Mr. Pech in the April, 2011 Election. Council Member Cummings was concerned about the applicants being able to meet the time commitments of serving on the council. Council Member Poeschl felt the Council should select the applicant who was the best suited person for the ten month term. He stated all four applicants had great attributes, however he supported Mr. Buchholz. Mayor Tower polled members of the Council who responded by announcing the name of the applicant they would cast their vote for: Herman voted Hall, Allison-Aasby voted Hall, Cummings voted Hall and Mayor Tower voted Hall. Upon the majority of the council opting for Hall, Mayor Tower did not finish the poll and called for a motion to appoint Mr. Hall to the council. Resolution 11-215 Appointment of Individual to Fill Vacant Council Seat MOTON: ADOPT (Herman; second, Cummings) MOTION: AMEND Appointment of Jef Hall to Fill Vacant Council Seat (Herman; second, Cummings) CARRIED: Ayes (5) Herman, Allison-Aasby, Poeschl, Cummings, Mayor Tower 5 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Poeschl stated his first choice was to appoint Mr. Buchholz, however he did not object to the appointment of Mr. Hall. Mayor Tower stated he supported Mr. Hall as he received a substantial amount of votes from the public. He also felt participating in the election process added value for Mr. Hall as candidates came to realize whom they were working for when they experienced the election process. He encouraged the other applicants to run for council in the next election and also to serve on boards and commissions. NOTE: Newly appointed Council Member Jef Hall took his oath of office which was administered by the City Clerk. NOTE: Council Member Jef Hall joined the Council occupying the third seat to the right of the Mayor. PH UBLIC EARINGS Ordinance 11-216 Approve Rezoning the South Side of Kope Avenue from R-1 Single Family to R-2 Two Family (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES th Ordinance 11-217 Approve Rezoning of Parcels South of West 7 Avenue, North of West th 9 Avenue, East of South Westfield street and West of the Koeller/USH41 Intersection from R-1 Single Family, R-2 Two Family and C-1 Neighborhood Business to C-2 General Commercial with a Planned Development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Linda Moore, 1311 Walnut Street, did not feel the rezoning should take place until there was a planned use in place. CA ONSENT GENDA Approval of Bills Presented by the Finance Director. Receipt and filing of Common Council Minutes from May 10, 2011 Receipt and filing of Museum Board Minutes from April 7, 2011 Approval to Canadian National Railroad / Perform Required Track Maintenance / June 6/10, 2011 6 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Receipt of Claim filed with the City’s Insurance Company / Karen Arreola for alleged injuries as a result of tripping on the sidewalk Resolution 11-218 Approve Submittal of Recreational Trails Act Grant Application for City Center Riverwalk Resolution 11-219 Approve Submittal of Recreational Trails Act Grant Application for William Steiger Park Riverwalk Council Member Poeschl asked for a timeline of when the William Steiger Park section of riverwalk would be completed. Mr. Davis replied the William Steiger Park section of the riverwalk was scheduled in the CIP for 2012. Council Member Poeschl asked if the City was in communication with the owners of the fishing shacks located on that side of the river. Mr. Davis answered it was his understanding that the City Attorney’s office was communicating with the representative for the fishing shack owners. Council Member Poeschl stated he was contacted by the owners of the fishing shacks who were frustrated with the lack of communication from the City. Mr. Rohloff indicated that a plan had not yet been submitted; the resolution was only to begin the grant application process. Mr. Davis added his department did not have a design to show anyone, they had only completed enough of a design necessary to complete the grant application. There was conceptual information that was provided to the DNR for grant purposes, however a total design plan had not yet been created for the project. Mr. Rohloff stated the conceptual plan had been in place since 2006 and the City eventually wanted the fishing shacks removed. Council Member Poeschl believed the fishing shacks had a historic element and should remain along the river front. Resolution 11-220 Authorize Preparation of Cooperative Plan with the Town of Nekimi Resolution 11-221 Approve Granting Privilege in Street to Multimedia Communications and Engineering and Fox Valley metrology to Install Fiber Optic Cable in Medalist Drive Between 3125 Medalist Drive and 495 Waukau Avenue (Plan Commissions Recommends Approval) 7 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 11-222 Award Bid for Public Works Contract No. 11-07 to PTS Contractors, Inc. for Various Concrete Paving and Utility Projects-North Side Area ($2,682,288.75) Resolution 11-223 Award Bid for Sodium Hydroxide for Water Treatment Plant for 2011 to Hydrite Chemical Company ($84,975.00) Resolution 11-224 Approve Change Order No. 2 / Faith Technologies for DDC Repairs/Replacements as part of Energy Efficiency and Conservation Block Grant Program (+$12,724.00) Resolution 11-225 Approval of Special Event Agreement – EAA Airventure Oshkosh Council Member Poeschl was unclear about what the Council was voting on. Mr. Rohloff explained since AirVenture was a multiple year event, the organizers preferred to have a long term agreement that was renewable to enable them to plan years in advance. AirVenture would need to apply each year for subagreements for extraordinary services from the departments of police, fire, and transportation. Council Member Poeschl was concerned that the Council would not be informed about the extraordinary costs of AirVenture. Council Member Cummings commented that the City sent EAA a bill for the services of Police, Fire, and Transportation and that none of the extraordinary services were waived. Resolution 11-226 Approval of Special Event – Oshkosh North FFA / Utilize Jackson Street for Annual Gateway Planting / May 25, 2011 Resolution 11-227 Approval of Special Event – Rapid Running Event Management / Utilize Oshkosh Convention Center and City Streets for Oshkosh Fitness Festival / May 27 and 28, 2011 Resolution 11-228 Approval of Special Event - Oshkosh Foursquare Church – 4TK Ministries / Utilize Reetz North and South Diamonds at Menominee Park for 4TK Memorial Day Softball Tournament / May 28, 2011 Resolution 11-229 Approval of Special Event – Oshkosh Fast Club / Utilize Reetz North and South Diamonds at Menominee Park for Greater Raider Open / June 3-5, 2011 Resolution 11-230 Approval of Special Event – Oshkosh Opera House Foundation, BID and Intergen / Utilize Opera House Square for Movies in the Park / June 3 and 17; July 15 and 29; August 12 and 26, 2011 8 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 11-231 Approval of Special Event – Aurora Health Foundation / Utilize City rd Streets for 3 Annual Aurora 5K Walk/Run for Cancer / June 11, 2011 Resolution 11-232 Approval of Special Event – Master Bass Circuit / Utilize Miller’s Bay in Menominee Park for Master Bass Circuit Tournament / June 11, 2011 Resolution 11-233 Approval of Special Event – Community Blood Center / Utilize Opera House Square and Market Street for Operation Donation / June 16, 2011 Resolution 11-234 Approval of Special Event – Oshkosh Senior Center / Utilize South Park for Oshkosh Summer Games / June 20 and 22, 2011 Resolution 11-235 Approval of Special Event – Players Pizza and Lourdes Booster Club / rd Utilize South Park Pavilion for 3 Annual Park Dance / July 8, 2011 Resolution 11-236 Approval of Special Event – Elks Lodge #202 / Utilize Rainbow Park for st 21 Annual Oshkosh Elks Sheepshead Fishing Tournament / July 16, 2011 Resolution 11-237 Approval of Special Event – Oshkosh Opera House Foundation and Carmel Crisp and Café / Utilize Opera House Square for the Grand Scoop / July 23, 2011 Resolution 11-238 Approval of Special Event – Midwest Sports Event / Utilize City Streets for Race the Lake / August 21, 2011 Resolution 11-239 Approve Rescission of Property Taxes (Elite Building and Fabrication, Steinbruner Heating/Cooling and Wisconsin Energy Center) Resolution 11-240 Disallow Claim by Debra Boushley (for alleged bodily injuries as a result of her walker striking a pothole) Resolution 11-241 Approve Special Class “B” Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11-225, RESOLUTION 11-238, AND RESOLUTION 11-240 (Herman; second, Cummings) CARRIED: Ayes (6)Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower 9 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 11-225 Approval of Special Event Agreement – EAA Airventure Oshkosh MOTION: ADOPT (Poeschl; second, Herman) MOTION: AMEND TO READ BE IT FURTHER RESOLVED THAT THE CITY MANAGER SHALL PROVIDE THE ACTUAL COST ON AN ANNUAL BASIS TO THE COUNCIL (Poeschl; second, Herman) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower Resolution 11-238 Approval of Special Event – Midwest Sports Event / Utilize City Streets for Race the Lake / August 21, 2011 MOTION: ADOPT(Poeschl; second, Herman) CARRIED: Ayes (5) Herman, Hall, Allison-Aasby, Cummings, Mayor Tower Present (1) Poeschl Council Member Poeschl stated he would vote present since his work organization benefited from the event. Resolution 11-240 Disallow Claim by Debra Boushley (for alleged bodily injuries as a result of her walker striking a pothole) MOTION: ADOPT (Poeschl; second, Herman) CARRIED: Ayes (5) Herman, Hall, Allison-Aasby, Cummings, Mayor Tower Present (1) Poeschl Council Member Poeschl stated he would vote present as Ms. Boushley was affiliated with his work organization. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 11-242 Approve Harwell Annexation Request form Town of Oshkosh / 635 West Snell Road (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Herman) CARRIED: Ayes (6)Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower 10 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY RO ECONSIDERED RDINANCE Ordinance 11-243 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) (Consider Amendments Recommended by Staff Following Meeting with Stakeholders) Amendments: A) Add Section 25-62(D)(3)(a) to Permit Sidewalk Cafes to Encroach into Vacant Neighboring Café Designated Areas with Written Consent of the Adjacent Owner Bob Cornel, 548 W. Smith Avenue, felt whether or not smoking would be permitted should be considered with the amendment. B) Add Section 25-62(D)(3)(b) to Allow Said Encroachment to be Terminated at any Time by Written Notice form the Adjacent Owner Council Member Hall asked if the written termination notice would be given to both the City and the adjacent owner. Mr. Rohloff stated the City would also be notified with a written notice if an encroachment was terminated. C) Delete Section 25-62(E)(5)(f) That Requires Fencing be Provided Around the Designated Café Area Bob Cornell, 548 W. Smith Avenue, thought that fencing should be required for the outdoor cafes and seating areas. He felt the tables and chairs could get moved and infringe on the actual sidewalk space. Council Member Herman asked why the business owners did not want fencing around the designated café areas. Mr. Davis replied the business owners thought it would be cumbersome to have to remove tables, chairs, and fences when the outdoor cafes closed. He stated there were markings on the sidewalks where the ADA space started to ensure the outdoor cafes did not infringe on that space. Council Member Herman asked if there would be an enforcement issue for police officers if there were no fences. Chief Greuel stated he did not feel there would be an enforcement issue for police officers if there were no fences as long as there was a condition that patrons had to be seated to be served alcohol. 11 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Hall supported the amendment deleting the requirement to provide fencing around the outdoor cafes. He felt if it became a problem in the future the Council could amend the ordinance to require fencing. Council Member Poeschl was concerned that the sidewalk would be infringed upon if fencing was not required for outdoor cafes. Council Member Allison-Aasby attended the meeting between the Main Street business owners and the Planning Department. She stated the business owners wanted the outdoor cafes to succeed and were willing to cooperate with the City if the proposed amendments were not successful. Regarding fencing, business owners were afraid windy conditions would blow fencing into the streets as the fencing could not be permanently mounted into the sidewalk. D) Alternatives to Section 25-62(E)(5)(g) Regarding Length of Time that Furnishings can be Left in Designated Café Area: 1) Leave the Language as is – Furnishings to be Removed at the OR End of Café Time or 10:30 pm, whichever is sooner 2) Revise Language to Permit Furnishings to Remain in Designated Café Area but the use of the Furnishings is OR Prohibited After Café Closing Time (10:00 pm) 3) Revise Language That the Designated Café Area Must Close at 10:00 pm, Furnishings Must be Removed by the End of Business and Use of the Café Area after 10:00 pm is Prohibited Bob Cornell, 548 W. Smith Avenue, felt the Council should leave the language as it was currently written. Council Member Herman asked how police would enforce people sitting in designated outdoor café areas after 10:00 pm. Chief Greuel stated the police department would prefer the tables and chairs be put away when the café closed. If a person was drinking alcohol outside after the café closed, he/she would be cited for violating the open intoxicant ordinance. As to the responsibility of the business owner, perhaps there could be consequences related to their café permit, however there was nothing to charge them with related to the city ordinance. Council Member Hall did not have a problem with patrons just sitting outside after the café closed, however he did not want the cafes to become outdoor smoking areas. E) Revise Section 25-62(E)(1) to Permit Signage Outlining the Rules and Use of the Café Area Council Member Herman asked if the signage was something that needed to be brought in every night or if the signage would be posted somewhere. 12 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Davis stated the signage could not be posted to any City property, however it could be placed on the tables or in store front windows for example. Council Member Cummings stated at the meeting between business owners and the planning department it was discussed that the rules would be placed on the tables or in the store front window. Council Member Hall asked why the ordinance did not require café owners to post the rules. Mr. Rohloff stated that business owners pushed for rule signage as a tool to aid them in removing patrons after 10:00 pm. Council Member Cummings felt there were too many rules for the business owners to follow. Council Member Allison-Aasby agreed there were too many rules, however the business owners were willing to compromise as they wanted the outdoor cafes to be successful. She stated Main Street should not be compared to State Street in Madison where there were thousands of chairs outside. Council Member Poeschl asked if business owners could add rules that were not specifically listed in the ordinance. Mr. Davis stated the rules in the ordinance were mostly suggestions from the business owners who attended the meeting. He was not opposed to businesses adding their own rules, however he wanted them to submit new rules with their permit application so the City knew what was happening. F) Revisions to Numerous Paragraphs to Prohibit Smoking in Café Areas G) Requests by Business Owners to: 1) Permit Wait Staff and Bouncers to Obtain Bartender Licenses to Serve Alcoholic Beverages to Café Patrons / No Amendment Recommended Mr. Davis stated during the meeting a question was asked about who needed to serve patrons in the outdoor seating areas and it was agreed upon that wait staff should obtain bartender licenses. He felt the bartender license issue did not fall under the sidewalk ordinance however under the City’s alcohol licensing requirements. Council Member Hall asked for clarification if the café ordinance as it was currently written required wait staff to be licensed bartenders to serve alcohol in the café areas. 13 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Chief Greuel stated the business owners recommended that all wait staff obtain bartender licenses to service alcoholic beverages to café patrons and that it was already incorporated into the ordinance. 2) Extend Closing Time of Café Area to Later Than 10:00 pm. No Amendment Recommended 3) Use Portable Propane Heaters in Café Areas. Due to Safety Issues, No Amendment Recommended MOTION: ADOPT RESCONSIDERED ORDINANCE (Cummings; second, Poeschl) MOTION: AMEND A) Add Section 25-62(D)(3)(a) to Permit Sidewalk Cafes to Encroach into Vacant Neighboring Café Designated Areas with Written Consent of the Adjacent Owner (Cummings; second, Poeschl) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower MOTION: AMEND B) Add Section 25-62(D)(3)(b) to Allow Said Encroachment to be Terminated at any Time by Written Notice form the Adjacent Owner (Cummings; second, Poeschl) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower MOTION: AMEND C) Delete Section 25-62(E)(5)(f) That Requires Fencing be Provided Around the Designated Café Area (Cummings; second, Hall) CARRIED: Ayes (4) Hall, Allison-Aasby, Cummings, Mayor Tower Noes (2) Herman, Poeschl MOTION: AMEND D3) Revise Language That the Designated Café Area Must Close at 10:00 pm, Furnishings Must be Removed by the End of Business and Use of the Café Area after 10:00 pm is Prohibited (Hall; second, Herman) CARRIED: Ayes (4) Herman, Hall, Allison-Aasby, Poeschl Noes (2) Cummings, Mayor Tower MOTION: AMEND E) Revise Section 25-62(E)(1) to Permit Signage Outlining the Rules and Use of the Café Area (Cummings; second, Herman) CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower MOTION: AMEND F) Revisions to Numerous Paragraphs to Prohibit Smoking in Café Areas (Hall; ) LOST: Lack of Second 14 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY MOTION: ADOPT G1) Permit Wait Staff and Bouncers to Obtain Bartender Licenses to Serve Alcoholic Beverages to Café Patrons / No Amendment Recommended (Herman; second, Poeschl) WITHDRAWN VOTE ON RECONSIDERED ORDINANCE AS AMENDED CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor Tower CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A workshop on sustainable street widths was scheduled for June 14, 2011. A workshop on the Transit Development Plan was scheduled for July 12, 2011. A workshop on the UWO Oshkosh Neighborhood Study was scheduled for June 28, 2011. A discussion of the Council rules was scheduled to be on the agenda for the June 14, 2011 Common Council Meeting. Mayor Tower wanted to recognize Oshkosh Community Media Services which received sixteen awards at the Wisconsin Association of Public Educational Government Channels th Festival on May 5. Council Member Poeschl wanted an update on the request from the Winnebago County Housing Authority to reduce the width of East Custer Avenue from thirty two feet to twenty eight feet. Mr. Patek explained the area of East Custer Avenue between Harrison Street and Broad Street was a transition neighborhood with M-2 Zoning, R-2, and R-3 Zoning. Normally in an area with commercial activity, the City would recommend a thirty six foot wide street. Due to the varied uses of the area he advised the street should be thirty two feet wide. Council Member Cummings served on the board of the Winnebago County Housing Authority and stated this issue had gone before their board. He acknowledged the proposed area for reconstruction on Custer Avenue was an industrial area and wanted to know what the planned use for the area was. Mr. Patek stated he talked with the director of the Winnebago County Housing Authority who approved the letter requesting the street be reduced to twenty eight feet. Council Member Poeschl asked what the intended future use of the proposed area was. Mr. Rohloff stated the area was still shown as a manufacturing zone in the City’s Comprehensive Plan and unless a proposal came forward to change the zoning it would remain zoned M-2. 15 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Poeschl directed Mr. Rohloff to obtain the traffic count and intensity for that area of East Custer Avenue. He asked if it was possible to not allow truck traffic on Custer Avenue. Mr. Patek stated the area was zoned for industrial use and there were truck bays along Custer Avenue thus making it hard to enforce a no truck rule. Council Member Hall wanted clarification on whether or not the director of the Winnebago County Housing Authority was aware of the letter requesting the street to be reduced. Mr. Patek explained he called the director of the Winnebago County Housing Authority, and although the director did not sign the letter, he approved of the letter being sent to the City requesting the street be reduced to twenty eight feet wide. Council Member Cummings commented that the majority of the loading docks of the manufacturing building in the area were located on Custer Avenue. CS ITIZEN TATEMENTS Patricia Diener, 1316 Broad Street, was concerned about people dumping things on the railroad property across the street from her home. She also stated recently there was an unattended fire at the detention pond on Grand Street. Linda Moore, 1311 Walnut Street, was opposed to CVS Pharmacy building a new store between Seventh Avenue and Ninth Avenue. She felt the pharmacy would be squeezed into an area that was too small and would be a bad fit for that neighborhood. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff announced the first quarter financial overview was complete and there were no surprises. A public information meeting the Westhaven Circle/Newport Circle Area Stormwater Detention Basin would be held on June1, 2011 at 5:30 pm in Room 404 at City Hall. The City hired Strand Associates for various CIP projects relating to the wastewater treatment plant and the sanitary sewer pump station. Algoma Boulevard would be closed for two weeks due to the Osceola Street/Elmwood Avenue concrete paving and utility projects. He provided a memo to the Council outlining the special assessment policies for residential versus commercial properties which showed that residential properties paid a lesser percentage than commercial properties. Finally, back in December, 2010, a resolution was adopted to put Transit Mutual Insurance on notice that the City might cancel their service. The League of Wisconsin Municipalities was able to provide identical insurance for $40,000.00 a year less, thus the City would begin using them effective January, 2012. Council Member Herman asked if there would be an announcement on OCMS when Algoma Boulevard closed. 16 PCC–M24,2011 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rohloff stated a press release with an alternate route would be made available to the public when Algoma Boulevard closed. Council Member Poeschl asked for a clarification on Resolution 11-217 regarding what took place at the Plan Commission meeting. It was his understanding that two votes took place at the Plan Commission meeting and he wanted to know if Resolution 11-217 was just for the rezoning. Mr. Rohloff explained there were two Conditional Use applications, one for the rezoning which was a land use issue, and one for a specific use for the property. Resolution 11-217 was only for the rezoning of the property. The Plan Commission recommended approval for the rezoning, however they recommended denial of the actual development. MOTION: ADJOURN (Cummings; second, Herman) CARRIED: VOICE VOTE The meeting recessed at 9:38 p.m. PAMELA R. UBRIG CITY CLERK 17