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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN A9,2013 PRIL REGULAR MEETING held Tuesday, April 9, 2013, at 6:00 p.min 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. CSC ITIZEN TATEMENTS TO OUNCIL Brian Poeschl, 1380 W. South Park Avenue, was concerned about the new bus routes st which began on April 1. 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. CA ONSENT GENDA 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. 1 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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) 2 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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 ATOAR CTION AKEN ON RDINANCES ND ESOLUTIONS 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. 3 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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. RR ECONSIDERED ESOLUTION Resolution 12-619 Approval of Special Event - Oshkosh Sawdust Days Inc to Utilize Menominee Park for their Oshkosh Sawdust Days Festival / July 3, th 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 4 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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. 5 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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 1713 W 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: 6 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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. 7 PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL 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. CMA&S OUNCIL EMBER NNOUNCEMENTS TATEMENTS 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. CC ITIZEN STATEMENTS TO OUNCIL PCC–A9,2013 ROCEEDINGS OF THE OMMON OUNCIL PRIL There were no citizen statements. 8 CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS 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, 2013 (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 9