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Home My WebLink AboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN M28,2013 AY REGULAR MEETING held Tuesday, May 28, 2013, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison- Aasby, Steven Herman and Mayor Burk Tower EXCUSED: 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 Fitzgerald read the Invocation. The Pledge of Allegiance was led by Jace Weiland and Chester Brill from Lakeside Elementary School 2013 ACANTHUS HISTORIC PRESERVATION AWARDS On behalf of the Landmarks Commission, Shirley Maddox presented the 2013 Acanthus Awards. Crescent Moon Antiques and Salvage received an Acanthus Award for “Architectural Salvage and Recovery” for their professional salvage and reclamation of local architectural elements for re-use in restoration projects. CR Meyer & Sons Company received an Acanthus Award for “Architectural Contributions to Oshkosh” for the construction and/or design of countless beautiful and functional buildings in the City of Oshkosh over the company’s 125 year history. Castle Pierce Corporation received an Acanthus Award for “Longest Continuously Run Family Business in Oshkosh” for their 125 years of commitment to innovation, industry leadership and dedication to the Oshkosh Community. CSC ITIZEN TATEMENTS TO OUNCIL Mike Hayes, 2325 Knapp Street Road, felt the military trucks from Oshkosh Corporation were driving too fast on his street. He also was concerned the trucks were ruining the pavement of the street. Patricia Diener, 1316 Broad Street, was concerned about a construction barrel that was removed from her street. 1 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY CA ONSENT GENDA Approval of Bills presented by the Finance Director Approval of Cash Report for March 2013 Receipt of Claim filed with the City’s Insurance Company A) Justin Smith for alleged damages to his vehicle while driving through construction area B) TK Commercial Investments LLC for alleged damages from basement flooding Resolution 13-250 Approve Tax Incremental Finance (TIF) Closure Policy (Long Range Finance Committee Recommends Approval) Resolution 13-251 Accept Permanent Easement on West 23rd Avenue from Oshkosh Corporation for Angled Parking (Plan Commission Recommends Approval) Resolution 13-252 Accept Dedication of Right-of-Way for Adams Avenue Cul-de-Sac (Plan Commission Recommends Approval) Resolution 13-253 Amend Conditional Use Permit at Winnebago County Race Track to Extend Curfew for Motorsport Racing Events (Plan Commission Recommends Approval) Resolution 13-254 Award Bid for Tandem Axle Truck Chassis with Dump Body and Hydraulics for Water Distribution Center to Wisconsin Kenworth and Monroe Truck Equipment, Inc. ($150,140.00) Resolution 13-255 Award Bid for Industrial 4WD Front End Loader for Street Division to Brooks Tractor, Inc. for $208,805.00 Resolution 13-256 Award Bid for Public Works Contract No. 13-20 to Carl Bowers and Sons Construction Co. Inc., for Mini Storm Sewers and Storm Sewer Laterals ($103,001.80) Resolution 13-257 Approve Purchase for Fire Extinguisher Maintenance Services Agreement (various amounts) to Cintas Fire Protection Resolution 13-258 Support the Grandfathering of Truck Weights on US Highway 41 upon Conversion to Interstate Highway Resolution 13-259 Establish Voting Ward 37, District 9 Resolution 13-260 Approve Partial Rescission of Property Taxes (Dowling Investments Atlas LLC) 2 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 13-261 Approval of Amendment to Special Event - Oshkosh Saturday Farmers Market / Extend 2013 season to October 26, 2013 Resolution 13-262 Approval of Amendment to Special Event - Big Buck Bass to Utilize Menominee Park for their Big Buck Bass Fishing Tournament / June 8, 2013 Resolution 13-263 Approval of Special Event - St. Jude the Apostle Parish to hold their St. Jude the Apostle Parish Picnic / June 14, 15 and 16, 2013 Resolution 13-264 Approval of Special Event – Otter Street Fishing Club to Utilize Menominee Park for their Battle on Bago – Otter Street Walleye Tournament Summer Edition / June 14, 15 and 16, 2013 Resolution 13-265 Approval of Special Event - Canada Promotions to Utilize Sunnyview Exposition Center for their Mexican Rodeo / June 16, 2013 Resolution 13-266 Approval of Special Event - Grand Opera House to Utilize Opera House Square and Market Street for the Grand Scoop / June 22, 2013 Resolution 13-267 Approval of Special Event - Oshkosh Elks Lodge #292 to Utilize rd Rainbow Park for their 23 Annual Oshkosh Elks Sheepshead Fishing Tournament / June 22, 2013 Resolution 13-268 Approval of Special Event - First Presbyterian Church to hold their PresFest / June 28 and 29, 2013 Resolution 13-269 Approval of Special Event - Hmong Evangelical Lutheran Outreach to U Utilize Winnebago County Park for their Wisconsin Outreach Festival / July 6 and 7, 2013 Resolution 13-270 Approval of Special Event - Most Blessed Sacrament Parish to Hold their Most Blessed Sacrament Parish Picnic / July 12, 13, and 14, 2013 Resolution 13-271 Approval of Special Event - UWO Cross Country to Utilize Menominee Park and City Streets for their Titan 5K / July 20, 2013 Resolution 13-272 Approval of Special Event - Bethel Worship Center to Utilize Opera House Square and Market Street for their Praise Fest / August 10, 2013 Resolution 13-273 Approval of Bonfire Events, LLC to utilize Menominee Park for their Fanny Pack Disco 5K / September 28, 2013 Resolution 13-274 Approve Appointments to Boards, Commissions and Authorities Resolution 13-275 Approve Special Class “B’ Licenses, Combination “Class B” License and Operator Licenses 3 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 13-250, 13-253 AND 13-274 (Cummings; second, Pech) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Resolution 13-250 Approve Tax Incremental Finance (TIF) Closure Policy (Long Range Finance Committee Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Clark) MOTION: AMEND DRAFT TIF CLOSURE REVIEW PROCESS/POLICY SECTION C – ELIMINATE THE WORD INCLUDING ALONG WITH 1 AND 2 (Herman; second, Clark) CARRIED: Ayes (4) Fitzgerald, Herman, Clark, Mayor Tower Noes (2) Cummings, Allison-Aasby VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Mayor Tower was concerned about earmarking TIF closure funds for specific economic development activities. Council Member Herman proposed an amendment to the resolution to eliminate the economic activities specified under Section C of the Draft TIF Closure Review Process/Policy. Resolution 13-253 Amend Conditional Use Permit at Winnebago County Race Track to Extend Curfew for Motorsport Racing Events (Plan Commission Recommends Approval) MOTION: ADOPT (Fitzgerald; second, Herman) CARRIED Ayes (5) Fitzgerald, Cummings, Allison-Aasby, Herman, Mayor Tower Present (1) Clark Council Member Clark stated he would vote present due to a having relationship with the promoter. Resolution 13-274 Approve Appointments to Boards, Commissions and Authorities MOTION: ADOPT (Cummings; second, Clark) MOTON: AMEND COUNCIL REPRESENTATIVE ON BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE SHOULD BE KYLE CLARK (Herman; second, Cummings) 4 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Council Member Herman stated he was not the Council Representative for the Bicycle and Pedestrian Advisory Committee. Council Member Clark would be the Council Representative for the Bicycle and Pedestrian Advisory Committee. TOAR ACTION AKEN ON RDINANCES ND ESOLUTIONS Ordinance 13-276 Approve Ordinance Authorizing Suspension of Park Privileges FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-277 Amend Parks Ordinances Pertaining to Fox River Riverwalk FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-278 Approval of Changes in Permit Parking and Short-Term Parking Areas in High Avenue Parking Lot FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-279 Approval of Parking Regulation Changes on Hazel Street, Knapp th Street, Lake Shore Drive, Porter Avenue, Siewert Trail, 5 Avenue and th 10 Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-280 Approval of Parking Regulation Changes on North Main Street FIRST READING; LAID OVER UNDER THE RULES Resolution 13-281 Approval of Annual City Licenses (Renewals) MOTION: DIVIDE INTO TWO PARTS: PART A BEING FESTIVAL FOODS; PART B BEING ALL OTHER LICENSES (Clark; second, Cummings) CARRIED Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Council Member Clark proposed that the resolution be divided due to a relationship with a proposed licensee. 5 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 13-281A FESTIVAL FOODS MOTION: ADOPT (Fitzgerald; second, Cummings) CARRIED: Ayes (5) Fitzgerald, Cummings, Allison-Aasby, Herman, Mayor Tower Present (1) Clark Resolution 13-281B ALL OTHER LICENSES MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Resolution 13-282 Approve Annual Combination “Class B” License - Peabody’s / “Class A” Licenses - Blue Moose Convenience Stores MOTION: ADOPT (Allison-Aasby; second, Cummings) CARRIED: Ayes (5) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark Present (1) Mayor Tower Mayor Tower stated he would vote present due to a relationship with a licensee. Resolution 13-283 City Opposition to Proposed AB 183 and SB 179 Relating to Changes to State Rental Housing Law MOTION: ADOPT (Cummings; second, Clark) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Herman, Clark, Mayor Tower Council Member Cummings explained the State of Wisconsin was proposing a bill which would allow for landlords not to have to disclose any problems with a property unless the landlord was noticed by the City for a code violation. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEM A workshop for the preliminary 2014 budget would be held in the near future. Council member Herman recognized the Inspections Department and the Department of Public Works for the great service he received regarding a question he had on the Municipal Code. Council Member Herman stated he wanted to discuss the process of evaluation the performance of the City Manager at the June 11, 2013 Common Council Meeting. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements. 6 PCC–M28,2013 ROCEEDINGS OF THE OMMON OUNCIL AY CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff reported an agreement was made with Dimension IV for space needs assessment services for the Oshkosh Senior Center. He gave an oral overview of the update on the City Manager Goals and reported that he would also create a paper copy for Council. Cellular phone service would change to US Cellular as the provider. He also gave st the Council the 1 quarter financial overview. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE STATUTES FOR THE PURPOSE OF NEGOTIATING THE ACQUISITION OF TH PUBLIC PROPERTY LOCATED AT 43 EAST 7 AVENUE WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Allison-Aasby, Herman, Mayor Tower MOTION: ADJOURN (Cummings; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:13 p.m. PAMELA R. UBRIG CITY CLERK 7