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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN M26,2013 ARCH REGULAR MEETING held Tuesday, March 26, 2013, at 6:00 p.min 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. PH UBLIC EARING 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 1 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH Resolution 13-125B 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. 2 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH CSC ITIZEN TATEMENTS TO OUNCIL David Nesseler, 1446 W New York Avenue, was concerned about permanent “for lease” signs attached to dwellings in his residential neighborhood. CA ONSENT GENDA 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) 3 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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. 4 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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 th 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 5 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS 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 6 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH th 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 th current meeting. He did not feel it was necessary to hold up the project until the April 9 Common Council Meeting for Council approval. th 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 7 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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. 8 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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. 9 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH 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. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS 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. th Council Member Cummings reminded the public that March 30 was the “Egg-citing” Day at the Menominee Park Zoo. 10 PCC–M26,2013 ROCEEDINGS OF THE OMMON OUNCIL ARCH CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS st Mr. Rohloff provided the Council with an update on outstanding projects. April 1 through th 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 11