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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN J23,2013 ULY REGULAR MEETING held Tuesday, July 23, 2013, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Steve Cummings, Deb Allison-Aasby, Tom Pech, Jr., Steven Herman, Kyle Clark, Sean Fitzgerald 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 Clark read the Invocation. Council Member Clark led the Pledge of Allegiance. Mr. Rohloff introduced Emily Makowksi, the new Communications Coordinator for Oshkosh Community Media Services. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, wanted the no parking rule on the west side of Broad Street enforced. CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt and Filing of Library Board Minutes from May 30, 2013 Receipt of Claim filed with the City’s Insurance Company: A) Allan Gustavus Jr., for alleged damages to his vehicle; B) American Family on behalf of insured Jamie and Eugene Christman for damage to their vehicle Resolution 13-337 Approval of Conditional Use Permit to Install Telecommunication Equipment / Cellular Antennae on Rooftop at 522-530 N Main Street Resolution 13-338 Approve Resolution to Support the Preservation of the Deductibility of Interest on Municipal Tax-Exempt Bonds Resolution 13-339 Approval of Agreement with Godfrey and Kahn for Legal Services pertaining to the City’s WPDES Permit – Wastewater Treatment Facility 1 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 13-340 Approval of Variance for Closure of Main Street / CanadianNational Railroad for New Rail Installation / August 5 to 7, 2013 Council Member Cummings asked what the alternate traffic routes would be and how citizens would be informed of the alternate routes. Mr. Patek stated traffic would be rerouted to County Trunk I and that electronic message boards would be placed near the closure site to inform motorists of the detour. Council Member Herman asked if the City had any control over when the street closure would take place for the new rail installation. Mr. Patek stated the City did not have any control over when the street closure would take place for the new rail installation. He stated Canadian National Railroad hoped it would only have to close the street for one day instead of two. Resolution 13-341 Award Bid for Public Works Contract No. 13-16 to Ptaschinski Construction Inc. for Concrete Pavement Rehabilitation – Koeller Street ($178,996.50) Resolution 13-342 Approval of Initial Resolution for Special Assessments / Watermain / WITHDRAWN BY STAFF Burnwood Drive Resolution 13-343 Approval of Winnebago County Recycling Surplus Revenue Ballot Resolution 13-344 Approval of Block Party / W Nevada Avenue between 415 W Nevada Avenue and 524 W Nevada Avenue / August 6, 2013 Resolution 13-345 Approval of Special Event - Winnebago County Fair Association to Utilize Sunnyview Exposition Center for their Winnebago County Fair / August 6, 7, 8, 9, 10 & 11, 2013 Resolution 13-346 Approval of Special Event - Oshkosh Jaycees to utilize South Park and City Streets for their Oshkosh Jaycees Children’s Parade / August 11, 2013 Resolution 13-347 Approval of Special Event - Woodward Radio Group to Utilize Red Arrow Park for their Take 5 Club Disc Golf Tournament / August 24, 2013 Resolution 13-348 Approval of Special Event - Lourdes Academy Student Council to Utilize City Streets for their Lourdes Homecoming Parade / September 13, 2013 Resolution 13-349 Approval of Special Event - UW Oshkosh & Oshkosh YMCA – to Utilize Leach Amphitheater and Riverside Park for their Oshkosh Dragonboat Race and Festival / September 21, 2013 2 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 13-350 Approval of Special Event - Oakbrook Church to Utilize City Streets for their Babies for Heaven 5K Walk - Run / October 12, 2013 Resolution 13-351 Approval of Special Event - Celebration of Lights Committee to Utilize Menominee Park for their Celebration of Lights / November 25, 2013 through December 31, 2013 Resolution 13-352 Disallowance of Claim by Constance Norton Resolution 13-353 Disallowance of Claim by Joesph Gorwitz Resolution 13-354 Approval of Appointment to Advisory Park Board Resolution 13-355 Approve Special Class “B” Licenses, Combination “Class B” Licenses, Class “B” Fermented Malt License, Operator Licenses, Taxi-Cab Driver Licenses, Junk Collector License and Secondhand Dealer Licenses and Taxi-Cab License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLTUION 13-254 (Cummings; second Allison-Aasby) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Resolution 13-354 Approval of Appointment to Advisory Park Board MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Clark, Cummings, Allison-Aasby, Pech Herman, Mayor Tower Present (1) Fitzgerald Council Member Fitzgerald stated he would vote present on the resolution due to a conflict of interest with the appointee to the Advisory Park Board. ATOAR CTION AKEN ON RDINANCES ND ESOLUTIONS Ordinance 13-356 Approval of Parking Regulation Changes on Oregon Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-357 Approval of Changes in Permit Parking and Short-Term Parking Areas in Otter Avenue and State Street Parking Lots FIRST READING; LAID OVER UNDER THE RULES 3 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 13-358 Approval of Combination “Class B” License (The Spot 25 & Older Lounge - 2939 Jackson Street) MOTION: ADOPT (Fitzgerald; second, Herman) MOTION: LAYOVER TO AUGUST 13, 2103 COMMON COUNCIL MEETING (Fitzgerald; no second) LOST: LACK OF SECOND VOTE ON RESOLUTION LOST: Ayes (1) Fitzgerald Noes (6) Clark, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Mayor Tower explained that a hearing regarding the Approval of the Combination “Class B” License (The Spot 25 & Older Lounge - 2939 Jackson Street) was held on June 25, 2013 at the Oshkosh Common Council Meeting. At that time, information was gathered regarding the establishment, however there were still unanswered questions regarding the renewal or non-renewal of the liquor license and the decision was laid over until the August 13, 2013 Oshkosh Common Council Meeting. He declared the hearing reopened and asked the City Clerk if the real estate taxes had been paid on the property. Ms. Ubrig stated as of 4:30 p.m., July 23, 2013, the real estate taxes for the property located at 2939 Jackson Street had not been paid. She also stated that no building permits were issued from the City of Oshkosh Inspection Services Division for the property located at 2939 Jackson Street from the date of the first hearing, June 25, 2013 to the present date. Richard Knight was with the development company involved in the purchase of seven properties which included the property at 2939 Jackson Street. He stated due to the closing date being pushed back from July 15, 2013 to July 31, 2013, the taxes on the property were not paid as they were part of the financing. He stated the fire department and health department inspections had been completed on the property and that the agent applying for the liquor license had met with the Oshkosh Police Department as required. Upon the closing of the property the outside repairs to the building would be taken care of. Council Member Pech stated he wanted proof that the closing of the property would take place on July 31, 2013. He explained the City of Oshkosh had a long list of people waiting to obtain a liquor license and that the Council had to make a decision regarding renewal or non-renewal of the liquor license based on the best information they had. He asked Mr. Knight if he could provide the purchase agreement for the property located at 2939 Jackson Street. Mr. Knight stated he did not have a copy of the purchase agreement with him. He also stated that he had requested his attorney, David Winkel to attend the July 23, 2013 Oshkosh Common Council Meeting, however Mr. Winkel was unable to accommodate his request. He said he had every intention of purchasing the property otherwise he would not have paid the liquor license fees and fulfilled the requirements for obtaining the liquor license. Due to the fact there were seven properties included in the purchase transaction, the deal was complicated forcing the closing to be changed. 4 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Council Member Pech asked if the other six properties included in the purchase transaction were in possession of a liquor license. Robin Madrid represented the Landmark Lounge, 2939 Jackson Street. She indicated she was involved in three other businesses included in the transaction which included liquor licenses. The businesses were located in the Town of Grand Chute; one business was still open and the other two businesses she was waiting for the real estate taxes to be paid. She stated if the purchase transaction did not close she would lose the liquor licenses of the two businesses whose real estate taxes were unpaid. Council Member Clark recalled at the June 25, 2013 Oshkosh Common Council Meeting, Mr. Knight stated that improvements would be made to the exterior of the building at 2939 Jackson Street prior to closing. He noted to date, no building permits had been issued for the property located at 2939 Jackson Street and no work had been started on the exterior of the building. He asked Mr. Knight if there were plans in place for improvements to the exterior of the building. Mr. Knight stated the weeds in the parking lot had been sprayed and that it could take up to ten days to see the results. The interior of the building had been cleaned for the health department inspection. Other than the spraying of the weeds, no exterior improvements to the building at 2939 Jackson Street had been made since the June 25, 2013 Oshkosh Common Council Meeting. Council Member Cummings recalled at the June 25, 2013 Oshkosh Common Council Meeting Mr. Knight stated that improvements had been made recently in the kitchen totaling between $100,000.00 and $120,000.00. Upon searching records in the Inspections Division, he could not find permits that were issued to the property located at 2939 Jackson Street totaling those amounts. Ms. Madrid stated one specific cooler cost $45,000.00 and that the improvements to the kitchen at 2939 Jackson Street totaled $120,000.00. She indicated that the City Assessor increased the personal property taxes on the property to reflect the kitchen improvements. Mayor Tower asked who was responsible for the unpaid taxes on the property located at 2939 Jackson Street. Ms. Madrid stated The Landmark Lounge was responsible for the delinquent taxes on the property located at 2939 Jackson Street. She indicated the owner of the Landmark Lounge, Russell Hassell, Sr., was retired and living in Florida and that Attorney David Winkel was representing him in the sale of the property. Council Member Fitzgerald asked if the liquor license was considered an asset in the purchase of the property located at 2939 Jackson Street. Mr. Knight indicated that the liquor license was considered an asset in the purchase of the property located at 2939 Jackson Street. 5 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Council Member Allison-Aasby was concerned what would happen if the Council approved the liquor license for the property located at 2939 Jackson Street and the closing for the purchase of the property was pushed back again or fell through. Council Member Herman noted that according to City records the establishment located at 2939 Jackson Street had failed to conduct a license related business on the premises for which the license was issued for a period of at least one year which was a violation of the City of Oshkosh Municipal Code. He asked for an explanation why the business had not been open for at least one year. Ms. Madrid explained the former Landmark Lounge, which was an establishment for exotic dancing, closed and was turned into a sports bar. The sports bar did not bring in as much money as the exotic dance club so the owner leased the establishment to several different tenants; the last of whom was evicted. She stated due to the fact the tenants had destroyed the owner’s relationship with his creditors, the decision was made to close the establishment and put it up for sale. Council Member Herman asked if Ms. Madrid notified the City Clerk’s Office regarding what was happening with the establishment. Ms. Madrid stated she kept the City Clerk’s Office up to date with what was happening at the establishment relative to the liquor license. Mayor Tower asked if there were inspection reports available for the property. Chief Greuel stated the police department did not physically inspect the property located at 2939 Jackson Street, however the police department did have a discussion with Mark Riker, the agent on record for the liquor license, as required to obtain a liquor license. Mayor Tower asked what the outcome was of the discussion the police department had with Mr. Riker concerning the liquor license. Chief Greuel stated the police department had concerns whether it was appropriate for Mr. Riker to take over the liquor license based on the fact that his experience was running taverns in the adult entertainment business. There was also the fact, according to public records, that Mr. Riker had a criminal past related to drugs. Ms. Ubrig indicated the property located at 2939 Jackson Street had passed the health department inspection. An employee from the fire department indicated that the property located at 2939 Jackson Street had passed the fire department inspection. Council Member Pech inquired if the Council could decide to hold over their decision on Resolution 13-358 to another meeting. Ms. Lorenson stated once the hearing was closed the Council could choose to layover their decision until another meeting. 6 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Mayor Tower declared the hearing regarding the Approval of Combination “Class B” License (The Spot 25 & Older Lounge - 2939 Jackson Street) closed. Council Member Pech felt there was not enough information regarding the purchase of the property at 2939 Jackson Street for the Council to approve the liquor license. Council Member Clark felt the developers purchasing the property at 2939 Jackson Street had an ample amount of time to submit information regarding the purchase to the City of Oshkosh. For that reason he would have difficulty in laying over Resolution 13-358 until another meeting. Council Member Fitzgerald stated although he was disappointed that the Council was not given more information regarding the purchase of the property located at 2939 Jackson Street, he wanted to see the new establishment succeed and was willing to layover the decision until another meeting in order to give the developers more time. He proposed that the Council layover their decision regarding Resolution 13-358 until the August 13, 2013 Oshkosh Common Council Meeting. Council Member Herman did not support the resolution due to the fact that the liquor license for the property located at 2939 Jackson Street had been dormant for over the one year period as indicated in the City of Oshkosh Municipal Code. Council Member Cummings felt if the developers’ attorney could not be present at the meeting, they should have provided an offer to purchase declaring a closing date. Mayor Tower felt although the investors had ample time to provide the Council with facts, the Council was not given sufficient information in order to make a decision on whether to renew the liquor license for the property located at 2939 Jackson Street. He felt if the liquor license was not renewed, the City should hold the license for a period of three months and at that time open the license up to individuals on the waiting list to receive a liquor license. Mayor Tower noted since resolution 13-358 was not approved the Council must identify the rationale behind their decision. The findings of facts were determined and he directed the City Clerk to issue notice of the nonrenewal to the Licensee. Resolution 13-359 Approval of Combination “Class B” License (Sister’s Pizza & Subs - th 1009 W 9 Avenue) MOTION: ADOPT (Herman; second, Clark) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower th Steve Sosnoski, 1625 Maricopa Drive, indicated that the property located at 1009 W. 9 Avenue had not yet been sold and that he would transfer the liquor license from Sister’s Pizza & Subs to his other business, Mr. Cinders, located at 1002 N. Main Street. Council Member Fitzgerald asked if it was the intention to transfer the liquor license from Mr. th Cinders back to the property located at 1009 W. 9 Avenue once that property was sold. 7 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Mr. Sosnoski stated he would transfer the liquor license from Mr. Cinders back to the th property located at 1009 W. 9 Avenue once that property was sold if the buyers of the property wanted the license as part of the sale. Mayor Tower asked if Mr. Sosnoski planned to use the liquor license at Mr. Cinders. Mr. Sosnoski stated he already had a beer and wine license for Mr. Cinders and did not think it would be prudent for him to start selling liquor at Mr. Cinders only to discontinue serving liquor once Sister’s Pizza & Subs was sold. He indicated if the property located at th 1009 W. 9 Avenue did not sell he would serve liquor at Mr. Cinders. Resolution 13-360 Approval of Combination “Class B” License Transfer to New Owner (Mark’s the Spot - 2939 Jackson Street) MOTION: ADOPT (Herman; second, Cummings) LOST: Noes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Mayor Tower indicated the rationale for the Council not to approve Resolution 13-360 was due to the fact that the liquor license for the establishment located at 2939 Jackson Street had not been renewed, therefore it could not be transferred. Resolution 13-361 Approval of Combination “Class B” License transfer to New Location (Mr. Cinder’s Charcoal Sandwich - 1002 N Main Street) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Resolution 13-362 Approve Land Acquisition / Donation for Park Purposes / Riverwalk Improvements along the Fox River from Six Rivers Investment LLC; Authorize Redevelopment Authority to Acquire MOTION: ADOPT (Herman; second, Cummings) CARRIED: Ayes (6) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman Present (1) Mayor Tower Council Member Herman asked for an explanation of the changes made to the agreement regarding Resolution 13-362. Mr. Rohloff stated the option had been amended so that the developers would be able to repurchase the property in case the City did not receive the riverwalk grants or Tax Increment Financing for the City match did not come to pass. The City had a better chance of obtaining grants to continue the riverwalk if it owned the property on which the riverwalk would be located. Mayor Tower indicated he would vote present due to him having a relationship with one of the developers. 8 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 13-363 Approval of One Percent (1%) Increase for Regular Non-Represented Employees for 2013 MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower Council Member Pech asked for an explanation on how Resolution 13-363 came about. Assistant City Manager, John Fitzpatrick, explained the 1% pay increase for non represented employees for 2013 stemmed from residual monies leftover from the development of the Pay for Performance Program. Council Member Herman asked what the fiscal impact would be to the 2013 budget. Mr. Rohloff stated the impact to the 2013 budget would be $112,000.00 which was within the $200,000.00 allocated in the 2013 budget for adjustments to salaries. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A workshop on the 2014 budget would be held on August 14, 2013 A workshop on special events would be scheduled at a later date. A Community Gardens Workshop/Field Visit was scheduled for August 26, 2013. A discussion of the Council Rules was held. Council Member Pech proposed a new rule be added that required all participants of the Oshkosh Common Council Meetings conduct themselves under principles of Civility Pledge that was previously adopted by the Oshkosh Common Council. Council Member Cummings wanted to add to the new rule that no personal attacks be allowed against City staff or Council Members. Mayor Tower wanted to add to the rules that in addition to council members, a citizen could also request that an item be removed from the Consent Agenda. Council Member Herman polled the Council on what, if any, changes should be made to the City Manager’s evaluation form. The consensus was to give department heads the option to complete an evaluation form for the City Manager. CSC ITIZEN TATEMENTS TO OUNCIL Matthew Hyde, Main Street, Hilbert, WI, was the owner of Atlas Taxi. He questioned why he was not allowed to pick up passengers at the recent Rock USA event. Mayor Tower suggested that Mr. Hyde talk to the Chief of Police for issues related to taxi services. 9 PCC–J23,2013 ROCEEDINGS OF THE OMMON OUNCIL ULY CMS OUNCIL EMBER TATEMENTS Mayor Tower announced the Mayor’s Breakfast would be held on August 2, 2013. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff stated an agreement was made with ADS Environmental Services for sanitary sewer system flow monitoring services. He announced there would be a grand opening of the riverwalk on August 7, 2103 from 5:00 p.m. until 7:00 p.m. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTIONS 19.85(1)(e) AND 19.85(1)(g) OF THE WISCONSIN STATE STATUTES FOR THE PURPOSES OF NEGOTIATING THE ACQUISITION OF PUBLIC PROPERTY REQUIRED FOR THE UPGRADE TO THE RD PUBLIC WORKS FIELD OPERATION FACILITY ALONG THE 3 AVENUE CORRIDOR WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION AND CONFERRING WITH LEGAL COUNSEL FOR THE GOVERNMENTAL BODY WHO IS RENDERING ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH IT IS LIKELY TO BECOME INVOLVED RELATIVE TO THE PURCHASE OF PROPERTIES FOR THIS PROJECT. (Herman; second, Pech) CARRIED: Ayes (7) Clark, Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Mayor Tower MOTION: ADJOURN (Pech; second, Cummings) CARRIED: VOICE VOTE The meeting adjourned at 7:56 p.m. PAMELA R UBRIG CITY CLERK 10