HomeMy WebLinkAbout04. Minutes from 3.26.13 & 4.9.2013PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
`, MARCH 26, 2013
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REGULAR MEETING held Tuesday, March 26, 2013, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Tower presided.
PRESENT: Council Members Deb Allison - Aasby, Steven Herman, Steve Cummings, Tom
Pech, Jr., Bob Poeschl 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 Allison -Aasby read the Invocation.
The Pledge of Allegiance was led by Faith and Brianna Hopkins from Oakwood Elementary
School; and Benjamin Collins from Jacob Shapiro Elementary School
Mr. Rohloff introduced Trace Gardiner, the new Golf Professional and Clubhouse
Supervisor at Lakeshore Municipal Golf Course.
PUBLIC HEARING
Resolution 13 -125 Approve Final Resolution for Special Assessments — Contract No. 13-04
/ Paving, Sidewalk, Driveway, and Utilities / Second Local Street
Concrete Paving Program (North and South Central Area)
MOTION: ADOPT (Pech; second Herman)
MOTION: DIVIDE RESOLUTION INTO TWO PARTS: A) EVERYTHING
EXCEPT THE SPELLMAN PROPERTY AT 1713 W. NEW YORK
AVENUE; B) SPELLMAN PROPERTY AT 1713 W. NEW YORK
AVENUE (Herman; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Poeschl,
Mayor Tower
Resolution 13 -125A Approve Final Resolution for Special Assessments — Contract No.
13 -04 / Paving, Sidewalk, Driveway and Utilities / Second Local Street
Concrete Paving Program (North and South Central Area), excluding
Spellman Property at 1713 W. New York Avenue
MOTION: ADOPT (Herman; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Poeschl,
Mayor Tower
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Resolution 13 -1256 Approve Final Resolution for Special Assessments — Contract No.
13 -04 / Paving, Sidewalk, Driveway and Utilities / Spellman Property
at 1713 W. New York Avenue
MOTION: LAYOVER UNTIL APRIL 9, 2013 MEETING (Poeschl; second,
Allison - Aasby)
CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Poeschl,
Mayor Tower
Francis Spellman, owner of the property at 1713 W. New York Avenue, felt the project was
unnecessary and that his assessment for the project was too high.
Attorney George Curtis, representing both the owner and operator of Spellman's Marina,
stated that the assessment for the marina was too high and did not provide any
improvement to the property.
Tim Dobberstein, leased the property at 1713 W. New York Avenue owned by Francis
Spellman; however, owned and operated Spellman's Marina. He was concerned that the
proposed sidewalks and loss of parking spaces would cost him business.
Dave Nesseler, 1446 W. New York Avenue was disappointed that the project did not include
Goss Court.
Mr. Rohloff stated the City had been consistent with placing sidewalks where there was
public parking. Even though Spellman's Marina was located at the end of a dead end
street, the street was still open to public parking. Also, in the proposed project area in the
underlying infrastructure, there were water utilities dating back to the 1920's; storm water
laterals dating back to 1965 and sanitary sewer laterals dating back to 1889.
Council Member Cummings questioned the need for sidewalks on a dead end street.
Assistant Public Works Director, Steve Gohde, stated the reason City staff elected to place
sidewalks on the south side of W. New York Avenue was due to the fact the Spellman's
Marina had very limited on site parking for the approximately eighty customers who stored
their boats there. Currently, those eighty customers had to park on neighborhood streets in
order to get to Spellman's Marina. Sidewalks were necessary to give people going to
Spellman's Marina a pedestrian corridor in order to get to the front door of the business.
Council Member Herman did not feel sidewalks were necessary in the area of the dead end
street. He suggested that the sidewalk on the south side W. New York Avenue be removed
from the project.
Mr. Gohde clarified if the intent was to remove the sidewalk to provide more parking for
Spellman's Marina then City staff would have to recalculate the special assessment for 1713
W. New York Avenue. The current assessment included the street, curb, gutter, and
sidewalk which would provide parallel parking on the street. To allow for angle parking
would change the assessment.
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
CITIZEN STATEMENTS TO COUNCIL
David Nesseler, 1446 W New York Avenue, was concerned about permanent "for lease"
signs attached to dwellings in his residential neighborhood.
CONSENT AGENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Common Council Minutes from March 12, 2013.
Resolution 13 -126 Award Bids for various road materials for 2013 for the Street Division to
Michels Materials, MCC Inc., Northeast Asphalt, Inc. and Carew
Concrete (Various Amounts)
Resolution 13 -127 Award Bid for Convention Center Roof Replacement to Laubenstein
Roofing, Inc., ($117,353.00)
Resolution 13 -128 Approve Purchase for Centrifuge Reconditioning and Upgrade Services
for Wastewater Treatment Plant to Alfa Laval Inc. ($424,709.00)
Resolution 13 -129 Approval of Purchase of Streetlighting Poles and Fixtures for City Hall
Parking Lot / Enterprise Lighting Ltd. ($54,133.21)
Resolution 13 -130 Award Bid for Public Works Contract No. 13 -06 to Al Dix Concrete, Inc.
for Concrete Sidewalk ($323,478.50)
Resolution 13 -131 Approve Initial Resolution for Special Assessments for Storm Sewer
Lateral / West 7th Avenue
Resolution 13 -132 Designate Meeting Place for Board of Review
Resolution 13 -133 Accept Deed of Land from Oshkosh Community Foundation —
Riverside Park
Resolution 13 -134 Approve Amendment to Management Agreement for Convention
Center
Resolution 13 -135 Approval of Engineering Services Agreement for Design of North
Main Street from New York Avenue to Murdock Avenue / McMahon
Engineers - Architects ($221,500.00)
Resolution 13 -136 Approval of Engineering Services Agreement for Development of
Wastewater Collection System Sewer Evaluation- Capacity Assurance
Plan (SECAP) & Capacity- Management- Operations- Maintenance
(CMOM) Program / CH2M HILL Engineers, Inc. ($150,000.00)
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Resolution 13 -137 Authorize Revised Award of Damages Related to the Jurisdictional
Offer to Acquire Land for the National Guard Area Stormwater
Detention Basin Project in the Amount of $970,000.00
Council Member Cummings asked for a definition of "award of damages ".
Mr. Rohloff clarified that in the eminent domain process, the word "damages" meant price.
The resolution was for a change in the price of land being acquired.
Council Member Pech asked why the land acquisition price was being revised.
Mr. Rohloff explained there were provisions in the eminent domain law that allowed the
property owner to be reimbursed for relocation expenses. In this case, the property owner
asked the City to pay a higher price for the land and he would waive all relocation expenses.
Mr. Patek explained further that there were two appraisals completed of the property
proposed in the resolution. The City's appraisal of the property was $910,000.00 and the
property owner's appraisal was $970,000.00. The City offered to buy the property for
$920,000.00 which was unacceptable to the property owner. State Statutes provided an
allowance for business relocation expenses up to $50,000.00. The City used the
$920,000.00 original offer, added the $50,000.00 relocation expense to meet the
$970,000.00 appraisal of the property owner. The $50,000.00 relocation expense would not
be charged separately; it was included in the offer of $970,000.00 and any relocation
expenses incurred by the property owner would be waived.
Resolution 13 -138 Approve Change Orders for Dirty Ducts Cleaning, Scattered Sites
Asbestos Abatement ( +$11,475.00) (Redevelopment Authority
Recommends Approval)
Resolution 13 -139 Approve Spot Blight Designation; Authorize Redevelopment Authority
to Accept Property at 349 West 7th Avenue
Resolution 13 -140 Approve Setting Public Hearing Date to Vacate Portions of West
Waukau Avenue and Knapp Street Adjacent to Wittman Regional
Airport (Plan Commission Recommends Approval)
Resolution 13 -141 Approve Amendment to Conditional Use Permit for the Planned
Development Reuse of the Former Elementary School at 608 Algoma
Boulevard by UW- Oshkosh (Plan Commission Recommends Approval)
Council Member Poeschl questioned why the extension was needed for the conditional use
permit.
Tom Sonnleitner, 800 Algoma Boulevard, explained the permits needed to remodel the
structure took longer than expected, therefore, the university was asking for a two year
extension of the conditional use permit.
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Resolution 13 -142 Grant Privilege in Street to UW- Oshkosh etal in Algoma Boulevard
Adjacent to 608 Algoma Boulevard and 635 Elmwood Avenue (Plan
Commission Recommends Approval)
Resolution 13 -143 Authorize Police Department Grants for: a) Pedestrian Safety
Enforcement; b) Bicycle Safety Enforcement
Resolution 13 -144 Approval of Special Event - Beta Theta Pi to Utilize City Streets for their
4 Annual United Way Run - Walk, 5K / April 6, 2013
Resolution 13 -145 Approval of Special Event - Big Bucks Bass to utilize Menominee Park
for their Big Bucks Bass Fishing Tournament / April 14, 2013
Resolution 13 -146 Approval of Special Event - First Cast Tournaments to Utilize
Menominee Park for their First Cast Tournaments Championship / April
20 & 21, 2013
Resolution 13 -147 Approval of Special Event - UW Oshkosh Reeve Union Board to Utilize
City Streets for their Bye Gosh Fest / May 2, 2013
Resolution 13 -148 Approval of Special Event - Paine Art Center & Gardens to Utilize
Paine Art Center and Congress Avenue for their Festival of Spring /
May 18, 2013
Resolution 13 -149 Approval of Special Event - Oshkosh Fast Club to Utilize Menominee
Park for their Greater Raider Open Fast Pitch Tournament / May 31,
June 1 & 2, 2013
Resolution 13 -150 Approval of Special Event - Oshkosh Chamber of Commerce to Utilize
Opera House Square and Market Street for their Live at Lunch / June
12, 2013 through August 14, 2013 (Wednesday Lunch Hours)
Resolution 13 -151 Approval of Special Event - Waterfest, Inc., to Utilize Leach
Amphitheater for their Waterfest Concert Series / June 20, 2013
through August 29, 2013 (Thursday Evenings) (skipping July 4, 2013)
Resolution 13 -152 Approval of Special Event - Paine Art Center and Gardens to Utilize
Paine Art Center and Congress Avenue for their Faire on the Green /
July 7, 2013
Resolution 13 -153 Approval of Special Event - UW- Oshkosh Student Recreation to Utilize
UW- Oshkosh Recreation and Wellness Center including Pearl Avenue
for their Rec Fest / September 2, 2013
Resolution 13 -154 Approve Combination "Class B" License, Special Class "B" Licenses,
Operator and Taxi -Cab Driver Licenses
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 13 -151
(Allison - Aasby; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Poeschl,
Mayor Tower
Resolution 13 -151 Approval of Special Event - Waterfest, Inc., to Utilize Leach
Amphitheater for their Waterfest Concert Series / June 20, 2013
through August 29, 2013 (Thursday Evenings) (skipping July 4, 2013)
MOTION: ADOPT (Poeschl; second, Pech)
MOTION: LAYOVER TO APRIL 9, 2013 COMMON COUNCIL MEETING IN
ORDER TO GET MORE INFORMATION ON CUT OFF TIME FOR
ALCOHOL SALES AND THE GRANTING OF WAIVER (Pech; second,
Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Council Member Herman asked if there was a separate waiver to extend the hours for noise
and the sale of alcohol or if the waiver was included in the Special Event Application.
Mr. Rohloff stated it was his understanding that the waiver was included in the Special
Event Application.
Council Member Pech suggested the Council layover the resolution in order to get more
information regarding the cutoff time for alcohol sales and whether or not the waiver of an
ordinance was part of the Special Event Application.
ACTION TAKEN ON ORDINANCES & RESOLUTIONS
Ordinance 13 -155 Repeal and Recreate a Portion of the Streets & Sidewalks Ordinance
MOTION: ADOPT (Pech; second, Allison - Aasby)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Ordinance 13 -156 Approval of Bicycle Lane and Parking Regulation Changes on Algoma
Boulevard
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 13 -157 Amend Ordinance 19 -7.1 Regarding Display of Boat Launch Permit
FIRST READING; LAID OVER UNDER THE RULES
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Ordinance 13 -158 Establish Street Grade / 7 Avenue, CVS Pharmacy Development
(Staff Recommends Waiving the Rules and Adopting on First Reading)
MOTION: SUSPEND THE RULES (Pech; second, Herman)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
MOTION: ADOPT (Cummings; second, Allison - Aasby)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Council Member Poeschl asked what the benefit would be to suspend the rules.
Mr. Rohloff stated originally resolutions 13 -158 and 13 -159 were supposed to be included
on the agenda for the March 12, 2013 Common Council Meeting as a first reading; however
at the time, he questioned whether or not the resolutions needed to be acted on by the
Council. After concurring with the City Attorney, it was determined that the resolutions
needed to go before Council. Therefore, the items were placed on the agenda for the
current meeting. He did not feel it was necessary to hold up the project until the April 9th
Common Council Meeting for Council approval.
Ordinance 13 -159 Authorize Public Construction / 7 Avenue, CVS Pharmacy
Development (Staff Recommends Waiving the Rules and Adopting on
First Reading)
MOTION: SUSPEND THE RULES (Pech; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
MOTION: ADOPT (Cummings; second, Poeschl)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Resolution 13 -160 Approval of Special Event — Oshkosh Pub Crawl LLC to Utilize City
Streets for their Oshkosh Pub Crawl / April 13, 2013
MOTION: ADOPT (Pech; second, Allison - Aasby)
MOTION: AMEND TO REMOVE CONDITION "C"
LOST: Ayes (2) Herman, Poeschl;
Noes (4) Allison - Aasby, Cummings, Pech, Mayor Tower
VOTE ON ORIGINAL RESOLUTION
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl, Mayor
Tower
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Attorney George Curtis, representing several tavern owners on North Main Street, explained
the tavern owners were concerned that they would be held responsible for any unpaid
charges to the pub crawl organizer if they sponsored any promotions associated with the
event.
Mayor Tower questioned if the tavern owners Attorney Curtis was representing felt the pub
crawl was good for the City of Oshkosh.
Attorney Curtis stated some of the tavern owners felt the pub crawl was a good idea for the
City and some tavern owners did not.
Council Member Cummings asked if the tavern owners paid to have their names on the pub
crawl tee shirts.
Attorney Curtis stated that the tavern owners did not pay to have their names printing on the
pub crawl tee shirts. It was his understanding that the names of taverns would not be
printed on the tee shirts due to the tavern owners fearing retribution from the City.
Council Member Allison -Aasby felt that no one wanted to take responsibility for the pub
crawl.
Attorney Curtis stated the tavern owners had control over what happened in their
establishments; however they could not control the promoter of the pub crawl.
Council Member Pech asked if the tavern owners expressed to the organizer of the pub
crawl that they did not want pub crawl participants in their establishments.
Attorney Curtis stated he could not answer whether or not the tavern owners told the pub
crawl organizer they did not want pub crawl participants in their establishments. He argued
that pub crawl participants should not be turned away if they remained sober, paid for their
drinks, and behaved themselves.
Council Member Poeschl proposed an amendment to remove condition "C" from the
resolution. He felt it was unfair to hold the tavern owners responsible for an event they did
not organize.
Jeremy West, 570 N. Main Street, owner of the Varsity Club, stated he had not been
contacted by the organizer of the pub crawl. His business would be open as usual on the
day of the pub crawl and if pub crawl participants came into his business he would not turn
them away. He stated that the Main Street bars were not the only establishments to benefit
from the pub crawl. For example, local grocery stores also had the benefit of increased
sales due to the pub crawl.
Council Member Herman stated he understood that Main Street taverns profited from the
pub crawl, however he felt the pub crawl organizer; not the Main Street taverns, should be
held responsible for any extraordinary fees.
PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Mr. Rohloff explained the reason why condition "C" was added to the resolution was due to
the lack of communication on the part of the pub crawl organizer. It was intended to let the
tavern owners know that the City was concerned about the pub crawl event and that the
possibility existed that businesses that benefited from the pub crawl may be asked to pay for
special charges if the pub crawl organizer did not pay for them.
Council Member Cummings felt the City should hold the pub crawl organizer responsible for
special charges and not the tavern owners.
Council Member Pech suggested that the Main Street tavern owners reach out to the pub
crawl organizer and let him know he needs to pay his bills.
Council Member Herman questioned if the area of the pub crawl was photographed before
and after the event.
Scott Greuel, Police Chief, stated the area of the pub crawl was video taped before, during
and after the pub crawl event. The police department also relied on business owners to
report things as well. He explained the Oshkosh Police Department had an ongoing OWI
enforcement grant and the pub crawl was one of the identified events that the police
department put on extra staff to deal with intoxicated individuals.
Resolution 13 -161 Approve Healthy Neighborhood Initiative Funding through TID #8 (Long
Range Finance Committee Recommends Approval)
MOTION: ADOPT (Herman; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Mayor Tower asked what the dollar amount was for the funding of the Healthy
Neighborhood Initiative through TID #8.
Allen Davis, Community Development Director, stated the estimate for funding the Healthy
Neighborhood Initiative through TID #8 was $588,000.00.
Resolution 13 -162 Establish 2013 Storm Water Utility Rate to $107.68 / ERU (Storm Water
Utility Committee Recommends Approval)
MOTION: ADOPT (Herman; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Council Member Herman questioned what the reason was for the storm water utility rate
increase.
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
Steve Gohde, Assistant Public Works Director, explained due to analysis by Peggy Steeno,
Finance Director, the increase for the storm water utility rate was necessary in order to meet
the borrowing needs of current and future projects and to maintain fund balances needed to
insure the facilities operation.
Resolution 13 -163 Approve City of Oshkosh Rainbow Park Master Plan (Plan Commission
Recommends Approval)
MOTION: ADOPT (Allison - Aasby; second, Cummings)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
Council Member Herman stated the plan for Rainbow Park was good for the City.
Council Member Pech clarified that the Council was approving the master plan for Rainbow
Park; they were not approving the spending for any projects.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
A workshop regarding new council committee assignments and roles for boards and
commissions would be held on May 14, 2013 after the Common Council Meeting.
A workshop with the Winnebago Apartment Association would be held on May 28, 2013
Council Member Cummings was concerned that the extraordinary fees from the 2012
Sawdust Days event were not paid as agreed. He asked if the Council could rescind their
approval of the special event for the 2013 Sawdust Days if the extraordinary fees from 2012
were not paid by a specific date.
Mr. Rohloff stated that he had contacted the organizers of Sawdust Days and was told they
had just completed a fundraiser and that payment would be soon.
Ms. Lorenson stated a resolution could be brought forth to the Council to rescind their
approval of the special event for the 2013 Sawdust Days.
Council Member Cummings would like City staff to explore the concept of a City
Beautification Committee.
Mr. Rohloff explained that April 15, 2013 at 10:00 a.m. would be the deadline date for
citizens wishing to apply for the council seat vacated by Jef Hall on March 13, 2013.
Mayor Tower received a letter from the Business Improvement District stating that they
would like the City to join them in a parking study.
Council Member Cummings reminded the public that March 30 was the "Egg- citing" Day at
the Menominee Park Zoo.
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PROCEEDINGS OF THE COMMON COUNCIL — MARCH 26, 2013
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff provided the Council with an update on outstanding projects. April 1 St through
April 6 2013 would be `free fare week' for GO Transit. He provided the Council with a
schedule of the 2014 budget process and an approximate schedule of where the City was
currently relative to the 2013 budget. An agreement for engineering services was made
with Midwest Engineering Services, Inc. for construction materials testing for various 2013
Capital Improvement Program projects. A Weigh in on Winnebago Water Ways Public
Input Meeting would be held April 4, 2013 at 6:30 p.m. at the Oshkosh Public Library.
MOTION: TO CONVENE INTO EXECUTIVE SESSION PURSUANT TO
SECTION 19.85(1)(G) TO CONFER WITH LEGAL COUNSEL
WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO
BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE
CITY IS INVOLVED PERTAINING TO PROPERTY LOCATED AT
1118 SOUTH MAIN STREET (THE FORMER BUCKSTAFF
FACTORY) (Cummings; second, Pech)
CARRIED: Ayes (6) Allison - Aasby, Herman, Cummings, Pech, Poeschl,
Mayor Tower
MOTION: ADJOURN (Cummings; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 8:54 p.m.
PAMELA R. UBRIG
CITY CLERK
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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
` APRIL 9, 2013
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REGULAR MEETING held Tuesday, April 9, 2013, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Tower presided.
PRESENT: Council Members Steven Herman, Steve Cummings, Tom Pech, Jr., Bob
Poeschl, Deb Allison -Aasby and Mayor Burk Tower
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; David Praska,
Assistance City Attorney; and Dave Patek, Director of Public Works
Council Member Herman read the Invocation.
The Pledge of Allegiance was led by Tess Fitzhenry from Webster Stanley Elementary
School; and Sam Fitzhenry from Webster Stanley Middle School.
CITIZEN STATEMENTS TO COUNCIL
Brian Poeschl, 1380 W. South Park Avenue, was concerned about the new bus routes
which began on April 1St
Patricia Diener, 1316 Broad Street, was concerned about a street identification sign missing
in her neighborhood and sidewalks not being shoveled. She was also concerned about
property owners in the City parking boats, cars, and campers in their backyards.
CONSENT AGENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Library Board Minutes from February 28, 2013.
Receipt of Claim filed with the City's Insurance Company / Jeremy Beck for alleged
damages to his vehicle from a City snow plow.
Resolution 13 -164 Authorize Submittal of Stewardship Grant Application for Riverwalk
Extension on South Shore of Fox River — Portions of Jeld -Wen and
Sweetwater Areas
Patricia Diener, 1316 Broad Street, wanted to know if the proposed area would be a public
walk way or if citizens could fish there.
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Allen Davis, Community Development Director, stated that the design for the proposed
portion of the riverwalk was still being developed although he expected there would be
areas for fishing and boating.
Resolution 13 -165 Grant Privilege in Street to UW- Oshkosh for Underground Piping and
Steam Pits in High Avenue and Osceola Street Right -of -Ways (Plan
Commission Recommends Approval)
Resolution 13 -166 Approve Planned Development for Signage at the Premier Waterfront
Hotel / 1 North Main Street (Plan Commission Recommends Approval)
Resolution 13 -167 Approve Conditional Use Permit; Planned Development for
Construction of a Kwik Trip Auto Service Facility — Intersection of STH
21/ Westowne Avenue / North Washburn Street (Plan Commission
Recommends Approval)
Resolution 13 -168 Authorize the Submittal of an Application for Wisconsin Plant Recovery
Initiative Assessment Money (WAM) Contractor Services Award for
Property Located at 1118 South Main Street (Former Buckstaff
Property)
Council Member Cummings questioned what was going to happen to the former Buckstaff
property.
Mr. Rohloff explained the City needed the cooperation of the property owner in order to
clean up the property. The first step in the process was to indicate to the property owner
that the City was willing to submit an application for a grant to help clean up the site as it
pursued the nuisance violation against the property owner.
Resolution 13 -169 Approve Purchase of Manhole / Inlet Castings for Public Works
Department ($171,400.00)
Resolution 13 -170 Award Bid for Public Works Contract No. 13 -04 to Carl Bowers and
Sons Construction Co. Inc. for Various Concrete Paving and Utility
Projects / Second Local Street Paving / North and South Central Area
($3,419,837.66)
Resolution 13 -171 Award Bid for Public Works Contract No. 13 -13 to Integrity Grading and
Excavating, Inc. for Impacted Soil Excavation, Transportation and Site
Grading / Public Works Field Operations Facility and Oshkosh School
District ($127,767.71)
Resolution 13 -172 Approve Purchase for Police Vehicles for Police Department to Ewald's
Hartford Ford ($164,194.00)
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Resolution 13 -173 Amend Initial Resolution No. 13 -131 for Special Assessments for Storm
Sewer Lateral / Various Locations
Resolution 13 -174 Grant Noise Variance Request for Integrity Grading and Excavating,
Inc., to Allow Construction Activities to begin at 6:00 a.m. / Public
Works Field Operations Facility
Resolution 13 -175 Approval of Amendment to Special Event for Midwest Sports
Events and CR Meyer / for their Oshkosh Half Marathon, 5K and
Lionhearted Kids Run / April 20 & 21, 2013
Resolution 13 -176 Approve Operator Licenses and Taxi -Cab Driver License
MOTION: ADOPT CONSENT AGENDA (Allison - Aasby; second, Pech)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 13 -177 Approval of Bicycle Lane and Parking Regulation Changes on Algoma
Boulevard
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
Ordinance 13 -178 Amend Ordinance 19 -7.1 Regarding Display of Boat Launch Permit
MOTION: ADOPT (Cummings; second, Pech)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
Ordinance 13 -179 Approve Mobile Vending Ordinance
FIRST READING; LAID OVER UNDER THE RULES
Mr. Rohloff stated he had been asked about the definition of a full service restaurant. He
explained that a full service restaurant was defined by State Statute and was based on the
license issued by the local health department. Bars typically did not fall under the license
category of a full service restaurant.
Mayor Tower clarified that per the ordinance, mobile vendors would have to maintain a
distance of twenty five feet from establishments holding a full service restaurant license.
Council Member Herman asked if the Business Improvement District (BID) Board had
weighed in on the subject of mobile vendors.
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Allen Davis, Community Development Director, stated the BID Board did have an
opportunity to review the ordinance regarding mobile vendors. Their issues were the same
as the owners of establishments along Main Street, however the BID Board did
acknowledge that an ordinance had to be made to regulate mobile vendors.
Council Member Herman asked if the City had talked with any mobile vendors regarding the
ordinance.
Mr. Davis stated that three mobile vendors attended the public meeting regarding the mobile
vendor ordinance and he also talked with a mobile vendor who could not attend the
meeting.
Council Member Poeschl asked if there was anything in the ordinance that dealt with noise;
for example music blaring from ice cream trucks.
Mr. Davis stated his department did not specifically write an ordinance that addressed noise
from mobile vendors. The City already had a noise ordinance that mobile vendors had to
comply with. He further explained that ice cream vendors were exempt from the proposed
mobile vendor license as long as they did not stop for over five minutes in a residential
neighborhood.
RECONSIDERED RESOLUTION
Resolution 12 -619 Approval of Special Event - Oshkosh Sawdust Days Inc to Utilize
Menominee Park for their Oshkosh Sawdust Days Festival / July 3,
2013 through July 7, 2013; & City Streets for their 4 of July
Parade / July 4, 2013 and Oshkosh Sawdust Days 5K Walk Run on
July 7, 2013
MOTION: RECONSIDER RESOLUTION (Herman; second, Pech)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
MOTON: AMEND TO ADD PAYMENT OF 25% OF ESTIMATED COST BY MAY
31, 2013 AND THE BALANCE PAID WITHIN THIRTY DAYS OF
EVENT. IF NOT PAID THE CITY WOULD APPLY INTEREST OF 1 %
PER MONTH - 12% PER YEAR (Cummings; second, Herman)
LOST: Ayes (3) Cummings, Pech, Allison -Aasby
Noes (3) Herman, Poeschl, Mayor Tower
VOTE ON ORIGINAL RESOLUTION
CARRIED: Ayes (5) Herman, Pech, Poeschl, Allison - Aasby, Mayor Tower;
Noes (1) Cummings
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Council Member Cummings was concerned that the City would not get paid by the Sawdust
Days organizers for the extraordinary expenses of the 2013 event. He proposed an
amendment to the resolution to include an up front payment of twenty five percent of the
anticipated extraordinary expenses for the event by May 31, 2013 and the balance due paid
within thirty days after the event. If the final balance was not paid by Sawdust Days within
thirty days after the event, the City would then charge interest on the balance at a rate of
one percent per month.
Council Member Herman questioned when the extraordinary fees were paid for special
events.
Mr. Rohloff stated the City billed organizers of special events for extraordinary expenses
after the event took place. Generally, the City did not have a problem with collecting for
extraordinary expenses from special events.
Council Member Allison -Aasby felt the Council should consider revising the Special Events
Policy to state extraordinary fees would be billed to event organizers after their event,
however if they had problems with paying their fees going forward the City would require an
up front deposit.
Council Member Poeschl stated in his opinion, in 2012 Sawdust Days organizers did not
plan on having to pay any extraordinary fees for their event. They held fundraisers to raise
money to pay for their extraordinary expenses. Now that Sawdust Days organizers were
aware that they were responsible for the extraordinary expenses for their 2013 event, he felt
the Council should give them some leeway and allow them to pay the extraordinary fees
after the event.
Council Member Pech felt that it was made clear to Sawdust Days organizers that they
would have to pay for the extraordinary expenses for their 2012 event.
Mayor Tower clarified that in 2012 the Council waived the extraordinary fees for Sawdust
Days. The unpaid charges by the Sawdust Days organizers were for the fireworks display,
which they knew they were responsible for.
Council Member Cummings felt that the organizers of Sawdust Days should have contacted
the City to let them know their payment would be late. He asked what recourse the City had
if it did not get paid for the extraordinary expenses.
Mr. Praska stated the Council could proceed to collect the unpaid balance due from the
Sawdust Days organizers through the court system.
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Resolution 13 -180 Approval of Special Event - Waterfest, Inc., to Utilize Leach
Amphitheater for their Waterfest Concert Series / June 20, 2013
through August 29, 2013 (Thursday Evenings) (skipping July 4, 2013)
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby, Mayor
Tower
Council Member Herman stated he was satisfied that the special event application included
a request to waive the noise and alcohol sales ordinances and would support the resolution.
Resolution 13 -181 Approve Final Resolution for Special Assessments — Contract
No. 13 -04 / Paving, Sidewalk, Driveway and Utilities / 1713 W New
York Avenue
MOTON: ADOPT (Pech; second, Cummings)
MOTION: AMEND TO REMOVE SIDEWALK FROM 1713W NEW YORK
AVENUE (Pech; second, Cummings)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
VOTE ON AMENDED RESOLUTION
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
Council Member Herman asked if City staff had met with the owners of Spellman's Marina.
Mr. Rohloff stated City staff met with the owners of Spellman's Marina to discuss different
options regarding their street reconstruction and sidewalk assessments.
Resolution 13 -182 Approve Funding for Opportunity Oshkosh Marketing Program for 2013
($25,000.00)
MOTION: ADOPT (Herman; second, Pech)
MOTION: AMEND `NOW, THEREFORE, BE IT RESOLVED' PARAGRAPH &
ADD THREE (3) CONDITIONS
NOW, THEREFORE, BE IT RESOLVED by the Common
Council for the City of Oshkosh that the request for funding for the
Opportunity Oshkosh Marketing Program for 2013 is hereby approved
and the proper city officials are hereby authorized and directed to
transfer up to the sum of twenty -five thousand and no /100 dollars
($25,000.00) to the Oshkosh Area Economic Development Marketing
Group to support the Opportunity Oshkosh marketing campaign for
2013 subject to:
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
1. The City of Oshkosh will contribute $1.00 for every $2.00 of funds
contributed by the Oshkosh Area Economic Development Marketing
Group.
2. The Oshkosh Area Economic Development Marketing Group
submits a detailed marketing plan to the Oshkosh City Council
3. The Oshkosh Area Economic Development Marketing Group
submits detailed invoices for expenditures for the detailed
marketing plan for reimbursement of funds.
(Pech; second, Poeschl)
CARRIED: Ayes (4) Cummings, Pech, Poeschl, Allison - Aasby;
Noes (2) Herman, Mayor Tower
VOTE ON AMENDED RESOLUTION
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
Council Member Pech felt as advocates of tax payer money, the Council should have a
more detailed plan on how the $25,000.00 was going to be spent and proposed an
amendment with additional requirements.
Council Member Herman asked what other entities were included in the Opportunity
Oshkosh Marketing Program for 2013.
John Casper from the Oshkosh Chamber of Commerce provided the names of the entities
that committed to the Opportunity Oshkosh Marketing Program for 2013.
Council Member Cummings felt the Council should approve the marketing plan for
Opportunity Oshkosh.
Mr. Caspar stated that all the decisions made by Opportunity Oshkosh were made by the
consensus of the group which was made up of representatives from every funding
organization that participated in Opportunity Oshkosh.
Council Member Allison -Aasby asked if the $25,000.00 was included in the Community
Development Budget.
Mr. Davis explained that the $25,000.00 was included as a marketing expense in the
Community Development budget.
Council Member Herman felt the Council should not micro manage Opportunity Oshkosh
although communication between the two could be better. He was comfortable with the
resolution without the amendment.
Council Member Allison -Aasby wanted assurance that the dollars committed by the City of
Oshkosh tax payers were used to promote business in the Oshkosh area.
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PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
Council Member Cummings pointed out that the business cluster analysis would not be
finished until May; therefore the marketing strategy could change making it difficult for the
Council to approve a budget.
Russell Potratz from Strata Communications stated the goal of Opportunity Oshkosh in
2013 was to take the results from the business cluster analysis and develop a plan to
market those businesses in the most efficient way.
Mayor Tower did not feel the amendment was necessary given the dollar amount. He felt
the Council should trust that Opportunity Oshkosh would spend the City's $25,000.00
commitment appropriately.
Council Member Pech wanted a more detailed breakdown of how the money was going to
be spent in the Opportunity Oshkosh Marketing Program for 2013.
Mr. Praska clarified that if the Council approved the resolution as amended, they were
approving up to $25,000.00 to be spent on marketing /media to promote business in the City
of Oshkosh. Before the City would disburse any funds, Opportunity Oshkosh would have to
provide a detailed invoice.
Council Discussion, Direction to City Manager & Future Agenda Items
A workshop regarding new council committee assignments and roles for boards and
commissions would be held May 14, 2013.
A workshop with the Winnebago Apartment Association would be held on May 28, 2013.
A workshop with the Pay for Performance Committee would be held on April 23, 2013.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Council Member Pech recognized the City Clerk and her staff for a job well done regarding
elections.
Mayor Tower recognized Mr. Rohloff and City staff for a great job regarding the State of City
Presentation.
Mayor Tower acknowledged an announcement by Oshkosh Corporation that they would lay
off seven hundred hourly employees and two hundred salaried employees beginning in
June, 2013.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements.
PROCEEDINGS OF THE COMMON COUNCIL — APRIL 9, 2013
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff provided the Council with an update on outstanding projects. He stated had
spoken with John Daggett from Oshkosh Corporation regarding the upcoming layoffs. He
announced the annual meeting held for local officials regarding an overview of legal issues
concerning local governments would be held on April 30, 2013, at Liberty Hall in Kimberly.
He recommended that new council members as well as incumbents attend.
Council Member Cummings invited the public to attend a workshop regarding healthy
neighborhoods on Saturday, April 13, 2013 at the Senior Center.
MOTION: RECESS UNTIL NOON, APRIL 17, 2012 (Pech; second, Allison - Aasby)
CARRIED: Ayes (6) Herman, Cummings, Pech, Poeschl, Allison - Aasby,
Mayor Tower
The meeting recessed at 7:59 p.m.
PAMELA R. UBRIG
CITY CLERK
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