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HomeMy WebLinkAbout03. Common Council Minutes September 10 and 24, 2013 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 10, 2013 OIHKOXH ON THE WATER REGULAR MEETING held Tuesday, September 10, 2013, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison-Aasby, Tom Pech, Jr., Sean Fitzgerald, Steve Cummings, Steven Herman and Mayor Burk Tower EXCUSED: Council Member Kyle Clark 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 lead by Emma Schunk and Ben Leib from Oshkosh North High School. CITIZEN STATEMENTS TO COUNCIL Daniel Lynch, 310 S. Eagle Street, stated his concerns that students were smoking near Oshkosh West High School. He would like the City to ban smoking wherever minor children were present. Patricia Diener, 1315 Broad Street, was concerned about the demolition of the Jeld-Wen property. She also expressed her opinions regarding train horns and random vandalism. PUBLIC HEARING Resolution 13-408 Approve Final Resolution for Special Assessments / Cold-Mix Asphalt Paving (Brookwood Court, Coolidge Avenue, Harbor Bay Road, Driftwood Lane, Louise Court, Keenville Lane) MOTION: ADOPT (Herman; second, Pech) MOTION: LAYOVER UNTIL SEPTEMBER 24, 2013 COUNCIL MEETING (Fitzgerald; second, Herman) WITHDRAWN 1 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 10, 2013 MOTION: DIVIDE INTO TWO PARTS; A) BROOKWOOD COURT & COOLIDGE AVENUE; B) HARBOR BAY ROAD, DRIFTWOOD LANE, LOUISE COURT & KEENVILLE LANE (Fitzgerald; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower Resolution 13-408A Approve Final Resolution for Special Assessments / Cold-Mix Asphalt Paving (Brookwood Court & Coolidge Avenue) MOTION: ADOPT (Fitzgerald; second, Cummings) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower Resolutionl3-408B Approve Final Resolution for Special Assessments / Cold-Mix Asphalt Paving (Harbor Bay Road, Driftwood Lane, Louise Court & Keenville Lane) MOTION: ADOPT (Fitzgerald; second, Herman) MOTION: LAYOVER TO SEPTEMBER 24, 2013 COUNCIL MEETING (Fitzgerald; second, Herman) LOST: Ayes (2) Fitzgerald, Herman; Noes (4) Allison-Aasby, Pech, Cummings, Mayor Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (4) Allison-Aasby, Pech, Cummings, Mayor Tower; Noes (2) Fitzgerald, Herman Pat Braasch, 3300 Harbor Bay Road, stated there was not enough traffic on the streets listed in the resolution to warrant new cold mix asphalt paving. Penny Anderson, 3326 Louise Court, stated the roads should be graded and leveled. Patricia Diener, 1316 Broad Street, stated the only traffic on the roads indicated in the resolution were from the residents who lived there. Richard Hawley, 3343 Harbor Bay Road, stated the roads should be ripped up, graded, leveled and asphalted. Brandon Carr, 880 Ridge Lane, stated the roads indicated in the resolution were not deteriorated enough to justify cold mix asphalt paving. Jerry Winkler, 854 Keenville Lane, proposed putting off the road repairs for five years and consider laying concrete instead of asphalt at that time. 2 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 Dave Anderson, 3326 Louise Court, suggested the City put off the road repairs until concrete, curb and gutter were needed. Council Member Herman questioned if an engineering study had been completed on the proposed project. Steve Gohde, Assistant Director of Public Works, stated City streets were evaluated bi- annually using the PASER (Pavement Surface Evaluation & Rating) system. Louise Court was given a rating of three which meant the street was showing significant signs of deterioration. Harbor Bay Road, Driftwood Lane, and Keenville Lane were each given a PASER score of four which was a fair rating. He explained per municipal code, streets with cold mix overlay were guaranteed to last for five years, however since the cold mix asphalt program began in 1998, the City had not had to replace any asphalt. Council Member Herman asked how old the storm sewer laterals and sanitary sewer laterals were in the proposed project area. Mr. Gohde replied the sanitary sewer laterals in the project area were from the late 1980's or early 1990's. At the present time there were no storm sewer laterals in the project area; a ditch system was used. He stated in the future, storm sewer laterals would be added when the streets were paved with concrete, curb and gutter. Council Member Herman asked if the residents of the area petitioned to have the road repaved. Mr. Patek stated the decision to repave the streets was made using the PASER system. He explained residents of the streets in the proposed project were sent a letter stating although the residents did not petition to have their streets repaved, the City, in a maintenance effort, would resurface the streets with a cold mix overlay. Mr. Rohloff added due to the likely twenty year life span of the cold mix overlay, it would be at least fifteen years before concrete, curb and gutter streets would be installed in the proposed area. Council Member Herman questioned what would happen if the Street Department came across a bad sub surface while applying the cold mix overlay. Mr. Gohde explained the Street Department would make sure the sub surface of the road was favorable before applying the cold mix overlay. Council Member Fitzgerald questioned what the liability would be to the City and the residents of the proposed project area if the City opted to wait a few years before repairing the roads. Mr. Patek explained the cost of the asphalt would be higher in a few years and snowplows could potentially dig up loose asphalt due to the deteriorated roads. 3 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 Ms. Lorenson indicated the City was only liable in situations in which the City was aware of potential issues but did not address them. Council Member Pech questioned if there was another material the streets could be paved with in between the cold mix asphalt and the concrete, curb and gutter; and, if so, what the cost would be. Mr. Patek explained there was no middle option for street repaving or reconstruction. Council Member Fitzgerald felt uncomfortable approving street improvements that residents did not want. He proposed that the Council layover the resolution until the next meeting in order to communicate with all of residents in the proposed area to determine whether or not they wanted the street improvements. Mr. Patek suggested that the Council divide the resolution into two parts with "A" being Brookwood Court and Coolidge Avenue; "B" being Harbor Bay Road, Driftwood Lane, Louise Court, and Keenville Lane. Council Member Pech did not support laying over the resolution until the next meeting. He felt in this case a minimal expenditure could extend the life of the streets listed in the resolution. Brandon Carr, 880 Ridge Lane, felt there were plenty of residents who opposed the cold mix overlay at the current meeting to convince the Council to vote the resolution down. He did not support laying over the decision until the next meeting. Jerry Winkler, 854 Keenville Lane, clarified he was not asking for concrete, curb and gutter. He wanted the City to wait five years and then reconstruct the roads with new asphalt. Pat Braasch, 3300 Harbor Bay Road, also clarified she was not asking for concrete, curb and gutter. She felt the roads in her neighborhood were not deteriorated enough for new asphalt. She did not support laying the resolution over until the next meeting. Dave Anderson, 3326 Louise Court, clarified he was not asking for concrete, curb and gutter to be installed at the present time. He wanted the City to hold off laying cold mix asphalt until the street was deteriorated enough for concrete, curb and gutter. Mayor Tower did not support laying over the resolution until the next meeting as he felt already had enough information to make his decision. Council Member Pech asked Mr. Patek to give his opinion on why the proposed roads should receive the cold mix overlay. Mr. Patek explained the City had limited funds for total replacement of streets. In this case, he felt it was appropriate to perform maintenance on the proposed roads to give the City approximately fifteen to twenty years to save money for eventual concrete, curb and gutter. 4 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 Council Member Fitzgerald did not feel the residents of the proposed area wanted the cold mix overlay and therefore would not support the resolution. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and Filing of Common Council Minutes from August 27, 2013. Approval of Cash Report for June 2013. Receipt of Claim filed with the City's Insurance Company: A) LouAnn Polishinski for alleged damages for a sewer back-up; B) Brian Farmer for alleged damages to his bicycle from being struck by a Squad Car Resolution 13-409 Approve Professional Service Agreement for Environmental Engineering Services with AECOM to Obtain Site Closure of Lot on Marion Road for Proposed Rivers II Development Road ($120,000.00) WITHDRAWN BY STAFF Resolution 13-410 Grant Easement to Wisconsin Public Service at Northeast & Southeast Corners of Church Avenue & Division Street Intersection (Plan Commission Recommends Approval) Resolution 13-411 Set Public Hearing Date to Vacate Alley between Libbey Avenue & East Smith Avenue; and, Mount Vernon Street &Ashland Street (Plan Commission Recommends Approval) Resolution 13-412 Approval of Initial Resolution for Special Assessments /Asphalt Paving & Various Utilities /Adams Avenue Resolution 13-413 Accept & Approve Waivers of Special Assessment Notices & Hearing in Connection with Improvements /Adams Avenue Resolution 13-414 Approval of Final Resolution for Special Assessments /Asphalt Paving & Various Utilities /Adams Avenue Resolution 13-415 Award Bid for Public Works Contract No. 13-10 to Carl Bowers & Sons Construction Co., Inc. for Asphalt Paving & Various Utilities on Adams Avenue & Madison Street ($121,459.55) Resolution 13-416 Award Bid for Aerial Platform Truck for Transportation Department to Altec Industries, Inc., ($84,659.00) 5 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 Resolution 13-417 Award Bid for HVAC Equipment for Public Museum to Temperature Systems Inc. & McCotter Energy Systems Inc. (Total Aggregate amount of $70,107.00) Resolution 13-418 Approval of Change Order No. 1 for Public Works Contract No. 13-06 with Al Dix Concrete, Inc. for Concrete Sidewalk - New & Reconstruction (+$152,584.76) Council Member Cummings questioned if the change order had anything to do with CVS Pharmacy project. Mr. Gohde explained the change order was not related to the CVS Pharmacy project. Due to an error made by the City, top soil, seed, and erosion mulch were not included in the bid tab for Public Works Contract No. 13-06. Resolution 13-419 Approval of Change Order No. 2 for Public Works Contract No. 12-11 with PTS Contractors, Inc. for 2012 Sanitary Sewer Manhole Rehabilitation Program (+$107,202.96) Council Member Allison-Aasby asked for an explanation on the second change order. Mr. Gohde explained the reason for the second change order for Contract No. 12-11 was due to the condition of the manhole covers being worse than what City staff had expected. Resolution 13-420 Authorize Police Department Grant for Alcohol Impaired Driving Enforcement Resolution 13-421 Approve Amendment to Special Event - Oshkosh West Student Government to Utilize City streets for their Oshkosh West Homecoming Parade / September 20, 2013 Resolution 13-422 Approval of Block Party Request for Hayward Avenue (between Fairfax Street & Pheasant Creek Drive) / September 21, 2013 Resolution 13-423 Disallowance of Claim /AFNI-American Family on behalf of Constance Norton Resolution 13-424 Disallowance of Claim by Brian Reichard Resolution 13-425 Approve Appointments to Museum Board Resolution 13-426 Approve Combination "Class B" License & Special Class "B" License MOTION: ADOPT CONSENT AGENDA (Pech; second, Cummings) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower 6 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 13-427 Approval of Parking Regulation Changes on Central Street, New York Avenue & 23rd Avenue MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower Ordinance 13-428 Approval of Changes in Permit Parking & Short-Term Parking Areas in Washington Avenue Parking Lot MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower Resolution 13-429 Approval of Partial Waiver of Fees for Police Staffing Costs in Excess of $10,000.00 for Special Event / Hmong Service Center Inc. /August 31, 2013 & September 1, 2013 MOTION: ADOPT (Cummings; second, Pech) LOST: Noes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings, Mayor Tower Mayor Tower explained the organizer of a special event that took place on August 31, 2013 and September 1, 2013 was requesting to have extraordinary fees for police staffing waived in excess of $10,000.00 Council Member Herman asked how many people attended the event and how many police calls were made. Chief Greuel reported based on the vehicle count, he estimated between 20,000 and 25,000 people attended the Hmong Service Center's event. He stated at any given time during the day between 14 and 22 officers with various areas of responsibility staffed the event. With regard to police calls he stated there were "lots" of minor incidents and two major gang related incidents. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A workshop on the CIP would be held on September 25, 2013 from 5:30 p.m. to 7:30 p.m. Workshops on the budget/departmental details would be held on October 21 & 29, 2013 from 5:30 p.m. to 9:30 p.m. both nights. A workshop on the budge and CIP follow up would be held on November 6, 2013 from 5:30 p.m. to 7:30 p.m. 7 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 10, 2013 A workshop on Special Events would be scheduled in the future Council Member Cummings reported the land donation from the Jeld-Wen Redevelopment Project had been rescinded and asked what the plans were going forward for the riverwalk. Allen Davis, Director of Community Development, stated he believed the land donation from the Jeld-Wen Redevelopment Project was still going to happen, however in a different form such as an easement. Council Member Cummings proposed a workshop between the Plan Commission and the Council to determine a vision for the Fox River riverfront. Council Member Cummings congratulated the Oshkosh Symphony Orchestra and Vic Ferrari Band for their collaborative performance at the Leach Amphitheatre. Council Member Herman asked for an update on the possible expansion of the BID and wanted to know if the City was pursuing an association or BID with the Oregon Street businesses. He also asked for an update on the Miles Kimball Building. He stated that lately he felt the Council was receiving too many last minute additions to the agenda prior to the council meetings. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff did not have any announcements. MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:37 p.m. PAMELA R. UBRIG CITY CLERK 8 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN 101 SEPTEMBER 24, 2013 OIHKOIH ON THE WATER REGULAR MEETING held Tuesday, September 24, 2013, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steven Herman, Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby and Mayor Burk Tower EXCUSED: Council Member Tom Pech, Jr. 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 lead by Sami Boehm & Reagan Payson from Lourdes Academy. PUBLIC HEARING Ordinance 13-430 Approve Rezoning Property East of Jackson Street, South of Soda Creek Road/Jacktar Road and North of Kope Avenue from C-1 Neighborhood Business and R-2 Two Family to R-3 Multiple Dwelling with a Planned Development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CITIZEN STATEMENTS TO COUNCIL Charles Todd, 202 Oxford Avenue, stated his concerns about the changes in the bus routes, particularly Route 9. Ginger Beuk, 224 E. Tennessee Avenue, explained the new bus routes did not meet the needs of disabled citizens. Donna Lohry, 511 W. Bent Avenue, Chair of the Winnebago County Aging and Disability Resource Center Advisory Committee and reported on her experience at a recent Transit Advisory Board Meeting. 1 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 Debra Boushley, 600 Merritt Avenue, stated she had to resort to other transportation providers due to the fact that Go Transit Route 9 no longer dropped off passengers at the door of her medical facility. Carol Rivas, 600 Merritt Avenue, explained she submitted a claim to the City's insurance company seeking payment for items stemming from her motorized scooter tipping over. She stated the claim was denied and wanted to know what other options were available. Mayor Tower stated during telephone conversations with Ms. Rivas he had explained the claim process to her. Ms. Lorenson explained the claim policy and indicated to Ms. Rivas that she could pursue her claim through the court system represented by an attorney or herself. Frank Zuern, 1040 Maricopa Drive, submitted a one page document with commentary to the Council regarding the sign on the south side of the intersection at Westhaven Drive and W. Ninth Avenue. He explained the sign obstructed the view of motorists and felt it should be removed. Rob Paterson, 530 N. Main Street, stated the buses should drop riders off in the Pick N' Save parking lot instead of at the parking lot entrance on the street. Dave Groenier, 2415 Kingston Place, stated his concerns that the City was considering taking out the traffic signals at the intersection of W. Ninth Avenue and Westhaven Drive. Rick Van Densen, 1712 Wilson Avenue, stated he would like the bus routes changed back to the way they were. CONSENT AGENDA Approval of Bills presented by the Finance Director. Council Member Allison-Aasby asked for an explanation on the outside legal service fees issued to Priebe Law Office, Godfrey and Kahn, S.C., and Davis and Kuelthau. Ms. Lorenson explained that Priebe Law Office was the City's prosecutor, Godfrey and Kahn was a law firm the City used that specialized in environmental law. Mr. Rohloff indicated that Davis and Kuelthau was a law firm the City used that dealt with sensitive personnel issues. Receipt of Claim filed with the City's Insurance Company: A) Patricia Krause for alleged damages for falling on the sidewalk 2 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 Petition received and filed to retain stoplights at intersection of West Ninth Avenue and Westhaven Drive. Resolution 13-431 Approve Conditional Use Permit for Hertz Automobile Rental Business in Strip Mall at 1684-1694 South Koeller Street (Plan Commission Recommends Approval) Resolution 13-432 Approval of Amendment to Engineering Services Agreement with Strand Associates, Inc. for Construction Management Services for the James Road Area Stormwater Detention Basin in the Amount of $50,000.00 Council Member Cummings asked for an explanation regarding the amendment. Mr. Patek explained the rip rap was installed incorrectly by the contractor in a spill way and the error was corrected at the contractor's expense. Council Member Cummings asked for an explanation of the $50,000 cost for the amendment. Mr. Patek explained the $50,000 pertained to the development of wetlands per the requirements of the DNR. Resolution 13-433 Approval of Amendment to Engineering Services Agreement with Strand Associates, Inc. for Construction Related Services for the Sawyer Creek Channel Improvements in the amount of$80,000.00 Resolution 13-434 Award Bid for Parking Structure Repairs for City Center Parking Ramp to NORCON Corporation ($66,005.00) Resolution 13-435 Approval of Oshkosh North High School Student Council to Utilize City Streets for their Oshkosh North Homecoming Parade / September 27, 2013 Resolution 13-436 Approval of Special Event - Oshkosh Mid-Morning Kiwanis — to Utilize Menominee Park for their Kick'n it for Kids / September 28, 2013 Resolution 13-437 Approval of Oshkosh Alleycat Racing & Community Theater Group to Utilize City Streets for their Cogtober Fest — Bicycle & Beer Festival / September 28, 2013 Resolution 13-438 Approval of Special Event — Girl Scouts of the Northwestern Great Lakes to Utilize Opera House Square for their 2nd Annual Girls Take Over the Square / October 4, 2013 3 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 Resolution 13-439 Approval of Special Event - Oshkosh Festivals, Inc., to Utilize City Streets for their Oshkosh Oktoberfest/ October 5, 2013 Resolution 13-440 Approval of Special Event - UWO Alumni Relations Office & Oshkosh Cycling Club to Utilize City Streets for their Tour de Titan Bike Ride / ' October 12, 2013 Resolution 13-441 Approval of Special Event - UWO Alumni Relations Office to Utilize UWO Sports Complex for their UW-Oshkosh Tent City / October 12, 2013 Resolution 13-442 Approval of Special Event - Oshkosh Aces MC, Inc. & the Bar to Utilize City Streets for their 3`d Annual Chili Run for Adopt a Family / October 12, 2013 Resolution 13-443 Approval of Special Event - Oshkosh Chamber of Commerce to Utilize City Streets for their 31st Annual Holiday Parade / November 14, 2013 Resolution 13-444 Disallowance of Claim by Louann Polishinski Resolution 13-445 Disallowance of Claim by Douglas Marciniak Resolution 13-446 Disallowance of Claim by Daniel Shears Resolution 13-447 Approve Appointment to Landmarks Commission Resolution 13-448 Approve Combination "Class B" License, Special Class "B" Licenses & Operator Licenses Council Member Cummings questioned what the process was for evaluating people applying for liquor licenses. Ms. Ubrig explained the application for a liquor license was obtained in City Clerk's Office and once completed it was submitted to the police department. Chief Greuel stated his department reviewed the liquor license applications and required the applicant to set up an appointment with the police department to review alcohol laws and City Ordinances as it pertained to alcohol. A background check and criminal history was performed on all new applicants. MOTION: ADOPT CONSENT AGENDA (Cummings; second, Clark) CARRIED: Ayes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower 4 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 OTHER BUSINESS Petition received and filed for opposition of Street Improvements (Keenville Lane, Harbor Bay Road, Louise Court, Driftwood Lane) MOTION: APPROVE (Allison-Aasby; second, Cummings) CARRIED: Ayes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 13-449 Approval of Changes in Short-Term Parking in Algoma & Grand Parking Lots FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-450 Approval of Parking Regulation Changes on Ceape Avenue, Court Street, Hazel Street, 7th Avenue & 22nd Avenue FIRST READING; LAID OVER UNDER THE RULES Resolution 13-451 Approval of Waiver of Fees for Barricade Costs for Special Event / Cogtober Fest Bicycle & Beer Festival / September 28, 2013 MOTION: ADOPT (Herman; second, Clark) LOST: Noes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower Council Member Herman asked if the same barricades being used for the Farmers Market would be used for the Cogtober Fest Bicycle & Beer Festival. Mr. Rohloff stated the barricades used by the Farmers Market would not be used for the Cogtober Fest Bicycle & Beer Festival. The events were located in different areas and the City did not close off Market Street for the Farmers Market. He explained City staff recommended the Council not waive the fees of the barricades for the Cogtober Fest Bicycle & Beer Festival. Resolution 13-452 Approval of Special Event - Oshkosh Pub Crawl LLC to Utilize City Streets for their Oshkosh Pub Crawl / October 12, 2013 MOTION: ADOPT (Clark; second, Fitzgerald) CARRIED: Ayes (5) Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower; Noes (1) Herman Council Member Herman asked if the establishments listed in the memo of the resolution were sponsors of the pub crawl event. 5 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 Ms. Lorenson indicated the City did not contact each establishment separately; the list of establishments was provided by the organizer as participants of the event. Council Member Herman stated he did not support the pub crawl event. He felt it was disruptive to the downtown and nearby neighborhoods. Council Member Cummings noted the event would take place even if the Council voted against the resolution. Ms. Lorenson indicated the City would have better recourse to collect any extraordinary expenses it incurred as a result of the event if the Council approved the resolution. She stated the organizer of the pub crawl event completed the necessary paperwork required in order to hold the event. Council Member Fitzgerald felt the event organizer realized that the event would happen whether or not the Council approved the resolution. He commended the pub crawl organizer for following the special event policy of the City. Council Member Cummings asked what recourse the City had if property was destroyed during a special event. Ms. Lorenson stated the City would have no recourse for private property damaged during a special event. The City, however, would have recourse for damage to City property as long as it could prove who was responsible for the damages. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A joint workshop between the Council, Plan Commission and the Redevelopment Authority to determine a vision for the river front development would be held at a future date. A workshop on the CIP would be held on September 25, 2013 from 5:30 p.m. to 7:30 p.m. Workshops on the budget/departmental details would be held on October 21 & 29, 2013 from 5:30 p.m. to 9:30 p.m. both nights. Council Member Allison-Aasby stated she would be out of state for the October 21, 2013 budget meeting. A workshop on the budget and Capital Improvement Program follow up would be held on November 6, 2013 from 5:30 p.m. to 7:30 p.m. Council Member Cummings indicated he would be out of state for the November 6, 2013 budget and CIP follow up meeting. A workshop on special events would be scheduled in the future. 6 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 A workshop with the consulting firm the City hired to update the municipal zoning code would be held on September 30, 2013. The firm would be at City Hall all day and Council members could choose a time slot in which to meet for input. Council Member Cummings stated he would like the City to begin enforcing the municipal code which would clean up both the land side and the water side of the former Pioneer Inn Property. Mr. Rohloff stated he had received an increased number of complaints from frustrated citizens regarding the former Pioneer Inn Property. He agreed the City should research whether the property owner was violating any City codes. Allen Davis, Director of Community Development, stated he would have his staff determine whether there were existing violations to any maintenance or public nuisance codes at the former Pioneer Inn Property and report back to the Council. Council Member Allison-Aasby asked how long it would take Mr. Davis to report back to Council regarding the former Pioneer Inn Property. Mr. Davis stated he would have a preliminary report on the former Pioneer Inn Property at the next Council Meeting. Council Member Herman asked if the newly installed railroad bridge would be painted. Mr. Rohloff stated it was his understanding that the railroad bridge was finished and in its final state. Council Member Herman asked if it was possible to bring closed captioning to the Oshkosh Community Media Services Channel. Mr. Rohloff indicated he would speak with the Oshkosh Community Media Services Channel staff to determine if closed captioning was feasible. Mayor Tower asked if the staging area near the new railroad bridge had been cleaned up. Council Member Cummings indicated the staging area used for the new railroad bridge on Bay Shore Drive had not been cleaned up. Council Member Cummings reported that the Landmarks Commission installed its first historic plaque on the building which houses Oblio's Lounge. CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street, was concerned about public urination in her neighborhood and the trimming of trees on City terraces. 7 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Strong reported due to the concerns of riders, Go Transit Route 9 would again be making stops in the parking lots of the hospitals beginning in mid October 2013. Council Member Herman asked if buses would be making stops in the parking lot of the Affinity Medical Facility on Jackson Street. Mr. Strong stated in 2009 the property owner of the Affinity Medical Facility on the corner of Jackson Street and Packer Avenue requested that City buses no longer use the parking lot to pick up and drop off riders. At that time the City decided to alter routes to serve riders on Packer Avenue rather than Jackson Street. He explained that beginning mid October, the Go Transit Route 4 would again be serving riders from Packer Avenue instead of Jackson Street. Mr. Rohloff gave an update as to the status of the acquisition of the property for August Pitz and Sons at 702 W 3rd Avenue. He stated the City would be using the process of eminent domain through the State of Wisconsin. He explained an amendment was made to the agreement with Midwest Engineering Services, Inc. for construction testing services for the James Road Area Stormwater Detention Basin in the amount of $16,200.00. He stated the amendment was due to contractor error and the City would recoup the cost. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY (Herman; second, Clark) LOST: Noes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower Council Member Herman reported that Council Member Pech requested the closed session be postponed due to him being absent as the result of a family emergency. Council Member Herman asked if closed sessions could be held on a night other than a Council Meeting. Ms. Lorenson stated closed session meetings could be held at any time as long as they were noticed twenty four hours in advance. MOTION: ADJOURN (Allison-Aasby; second, Clark) CARRIED: VOICE VOTE 8 PROCEEDINGS OF THE COMMON COUNCIL— SEPTEMBER 24, 2013 The meeting adjourned at 7:36 p.m. PAMELA R. UBRIG CITY CLERK 9