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Home My WebLink AboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN J22,2013 ANUARY REGULAR MEETING held Tuesday, January 22, 2013, at 6:00 p.min the Council . Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Tom Pech, Jr., Bob Poeschl, Deb Allison-Aasby, Steven Herman and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Cummings read the Invocation. The Pledge of Allegiance was led by Jade Laibly and Ava Berdelman from Oakwood Elementary School. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt and filing of Common Council Minutes from January 2 & 8, 2013 Receipt of Claims filed with the City’s Insurance Company: Mike Piller for alleged damages from a water back up Tommy/Angela Howe for alleged damages to their vehicle from a snowplow Receipt of Claim filed with the City’s Insurance Company / Michael Lim, Attorney for CitizensFirst Credit Union, in the amount of $35,506.15 plus interest for alleged excessive assessments at 2900 Universal Street Resolution No. 13-13 Grant Easement to Pacur LLC North of 3555 Moser Street (Plan Commission Recommends Approval) Resolution No. 13-14 Approve Amendment #1 to Professional Service Agreement with AECOM for Environmental Services for William Steiger Park Riverwalk Project (+$15,000.00) 1 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY Resolution No. 13-15 Approve Amendment No. 1 to Professional Service Agreement with AECOM for Construction Documentation/Oversight of City Center Riverwalk Project (+$175,000.00) Resolution No. 13-16 Approve Change Order No. 2 for City Center Riverwalk Improvements with Lunda Construction (+$305,143.13) Resolution No. 13-17 Amendment to Engineering Services Agreement for Various Wastewater Treatment Plan and Pumping Station Improvement Projects / Strand Associates ($15,000.00) Resolution No. 13-18 Approve Agreements for Transportation Services with Winnebago County Resolution No. 13-19 Authorize the Filing of Applications for Federal Operating and Capital Assistance, State Operating Assistance and County Transportation Assistance Resolution No. 13-20 Accept and Approve Revised Waiver of Special Assessment Notices and Hearing in Connection with Improvements / Second Addition to Casey’s Meadow South Resolution No. 13-21 Approval of Engineering Services Agreement for Sanitary Sewer Lateral Televising / Great Lakes TV Seal, Inc. ($108,201.41) Resolution No. 13-22 Approval of Change Order No. 1 for Public Works Contract No.12-08 with RG Huston Company, Inc. for James Road Area Detention Basin (+$345,267.85) Resolution No. 13-23 Approval of 2013 Landfill Tipping Fees with Waste Management of Wisconsin for Disposal of Contaminated Soil from Various Projects in the Capital Improvement Program Resolution No. 13-24 Approve Rescission of Property Taxes (Corporate Promotions Group, Buds Electric, LLC & Martin Security Systems) Resolution No. 13-25 Authorize the Sale of Fermented Malt Beverages at Reetz Ball Field Concession Stand in Menominee Park by Parks Department Staff Resolution No. 13-26 Approval of Special Event - Otter Street Fishing Club Inc., to Utilize Menominee Park for their Otter Street Fisheree / February 1 & 2, 2013 2 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY Resolution No. 13-27 Approval of Special Event – BID to Utilize Grand Opera House Square and City Streets for their Hear of Winter / February 16, 2013 Resolution No. 13-28 Approval of Special Event - Oshkosh Southwest Rotary to utilize Menominee Park for their Battle on Bago / February 22 & 23, 2013 Resolution No. 13-29 Approval of Special Event – UW Oshkosh Student Recreation to Utilize City Streets for their Shamrock Shuffle 5K Run-Walk / March 9, 2013 Resolution No. 13-30 Approval of Special Event – Midwest Sports Events and CR Meyer to Utilize City Streets and Leach Amphitheater for their Oshkosh Half Marathon, 5K and Lionhearted Kids Run / April 20 & 21, 2013 Resolution No. 13-31 Approval of Special Event – Run Away to the Bay to Utilize City Streets and Menominee Park for their Run Away to the Bay / April 27, 2013 Resolution No. 13-32 Approval of Special Event – Terry’s Bar to Utilize Menominee Park for their Terry’s Bar Walleye Tournament / May 18, 2013 Resolution No. 13-33 Approval of Special Event – Graybeard Productions, Inc., to Utilize South Park for their Thunder in the Park / Fox Valley Motorcycle Show / June 1 & 2, 2013 Resolution No. 13-34 Approval of Special Event – Cabela’s Masters Walleye Circuit to Utilize Menominee Park for their Cabela’s Master Walleye Circuit Tournament / June 28, 29 & 30, 2013 Resolution No. 13-35 Approval of Special Event – Central Wisconsin Auto Collectors to Utilize South Park for their Central Wisconsin Auto Collectors Car and Flea Market / June 30, 2013 Resolution No. 13-36 Approval of Special Event – Otter Street Fishing Club Inc., to Utilize Menominee Park for their Otter Street Kids Fisheree / August 10, 2013 Resolution No. 13-37 Disallowance of Claim by Robert Kostopolus Resolution No. 13-38 Disallowance of Claim by Cody Higginbotham 3 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY Resolution No. 13-39 Approve Special Class “B” Licenses, Agent Changes for Combination “Class A” Licenses, Class “C” Wine License, Operator Licenses, Taxi- Cab Driver Licenses and Secondhand Dealer Licenses NOTE: Council Member Hall arrived at 6:12 p.m. MOTION: ADOPT CONSENT AGENDA (Cummings; second, Pech) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance No. 13-40 Approve Rezoning 205 West Linwood Avenue from R-4 Multiple Dwelling to R-1 Single Family with Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Cummings) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Ordinance No. 13-41 Approve Voluntary Attachment Request from Town of Nekimi / Brennand Attachment – South of West Ripple Avenue, West of Oregon Street FIRST READING; LAID OVER UNDER THE RULES Ordinance No. 13-42 Approve Voluntary Attachment Request from Town of Nekimi / Gabert and Rusch #1 Attachment – West and East of USH 41, South of West Ripple Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance No. 13-43 Approve Voluntary Attachment Request from Town of Nekimi / Gabert and Rusch #2 Attachment – Intersection of USH 41/Poberezny Road /Waupun Road/County Road N FIRST READING; LAID OVER UNDER THE RULES Ordinance No. 13-44 Approval of Parking Regulation Changes on Otter Avenue and Technical Corrections Related to Various Intersection Traffic Control and Parking Regulations FIRST READING; LAID OVER UNDER THE RULES 4 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY Ordinance No. 13-45 Temporary Suspension of Bicycle Registration Fee FIRST READING; LAID OVER UNDER THE RULES Resolution No. 13-46 Approve Tax Incremental Finance Policy and Application (from October 23, 2012 Common Council Meeting) MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Mayor Tower asked for clarification on the points criteria in the Tax Incremental Finance Policy. Mr. Rohloff explained the intention of the Tax Incremental Finance Policy was to award points up to a certain amount and not use the all or nothing approach. Resolution No. 13-47 Support Creation of Public/Private Economic Development Organization MOTION: ADOPT (Pech; second, Cummings) MOTION: AMEND TO READ INITIATED BY: COMMON COUNCIL (Poeschl, second Hall) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Council Member Poeschl stated the resolution was initiated by the Council and proposed an amendment to reflect that on the resolution. Resolution No. 13-48 Approve Agreement with Chamco Inc. for Sale of Industrial Park Land MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Elizabeth Hartman, CEO and General Counsel for Chamco, 120 Jackson Street, gave an overview of the responsibilities of Chamco in relation to the various industrial parks in Oshkosh. She urged the Council to approve the resolution. 5 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY Resolution No.13-49 Approve Agreement with Oshkosh Chamber of Commerce for the Sale of Land in the Universal Business Park MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Council Member Cummings questioned what the City received for the four percent commission it paid to sell the property and also if the sale of the City property was open to all brokers. Allen Davis. Community Development Director, clarified that the Chamber of Commerce (Chamber) was the party responsible for the selling of land in the industrial park and that the Chamber did not charge a commission. Ms. Lorenson stated any broker could participate in the sale of property in the industrial park as long as they registered in writing with the Chamber prior to participation. Resolution No.13-50 Approve City Manager Goals and Compensation MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (7) Cummings, Hall, Pech, Poeschl, Allison-Aasby, Herman, Mayor Tower Council Member Cummings gave an overview of the Council’s evaluation of the 2012 goals of the City Manager and provided the public with their goals for the City Manager for the upcoming year. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS A meeting with the Oshkosh 4 Education Visioning Focus Group would be held on January th 29 at the Oshkosh Public Library. A workshop with the BID regarding funding and future planning and communication was th scheduled for February 26. Neighborworks would like to give a report regarding their 2012 accomplishments at the February 12, 2013 Common Council meeting. Mayor Tower would like the Council to tour the progress on the City Center Hotel on March 12, 2013. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements 6 PCC–J22,2013 ROCEEDINGS OF THE OMMON OUNCIL ANUARY CMA&S OUNCIL EMBER NNOUNCEMENT TATEMENTS Council Member Allison-Aasby questioned the appeals process for parking tickets. Scott Greuel, Police Chief explained if a citizen wished to appeal a parking ticket, the appeal would be reviewed by the officer who issued the ticket. If the ticket was excused by the issuing officer, a supervisor must also review and sign off the appeal. If the parking ticket was not excused, a citizen also had the option of taking his/her ticket through the court process. th Council Member Poeschl announced he would not be attending the February 12 Common Council Meeting due to a prior engagement. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff provided the Council with an update on outstanding projects.He explained the professional service agreement with Tom Spierowski regarding the building inspection services. The City would purchase new computers under a cooperative agreement with the State. An engineering services agreement was made with Midwest Engineering Services, Inc. for a Subsurface Exploration and Geotechnical Engineering Evaluation for the 2013 CIP. An agreement for the reconstruction of electric facilities at the City Hall Parking Lot was made with Wisconsin Public Service Corp. MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:16 p.m. PAMELA R. UBRIG CITY CLERK 7