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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN S24,2013 EPTEMBER REGULAR MEETING held Tuesday, September 24, 2013, at 6:00 p.min the Council . Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Steven Herman, Kyle Clark, Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby and Mayor Burk Tower EXCUSED: Council Member 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 Herman read the Invocation. The Pledge of Allegiance was lead by Sami Boehm & Reagan Payson from Lourdes Academy. PH UBLIC EARING Ordinance 13-430 Approve Rezoning Property East of Jackson Street, South of Soda Creek Road/Jacktar Road and North of Kope Avenue from C-1 Neighborhood Business and R-2 Two Family to R-3 Multiple Dwelling with a Planned Development Overlay (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CSC ITIZEN TATEMENTS TO OUNCIL Charles Todd, 202 Oxford Avenue, stated his concerns about the changes in the bus routes, particularly Route 9. Ginger Beuk, 224 E. Tennessee Avenue, explained the new bus routes did not meet the needs of disabled citizens. Donna Lohry, 511 W. Bent Avenue, Chair of the Winnebago County Aging and Disability Resource Center Advisory Committee and reported on her experience at a recent Transit Advisory Board Meeting. 1 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER Debra Boushley, 600 Merritt Avenue, stated she had to resort to other transportation providers due to the fact that Go Transit Route 9 no longer dropped off passengers at the door of her medical facility. Carol Rivas, 600 Merritt Avenue, explained she submitted a claim to the City’s insurance company seeking payment for items stemming from her motorized scooter tipping over. She stated the claim was denied and wanted to know what other options were available. Mayor Tower stated during telephone conversations with Ms. Rivas he had explained the claim process to her. Ms. Lorenson explained the claim policy and indicated to Ms. Rivas that she could pursue her claim through the court system represented by an attorney or herself. Frank Zuern, 1040 Maricopa Drive, submitted a one page document with commentary to the Council regarding the sign on the south side of the intersection at Westhaven Drive and W. Ninth Avenue. He explained the sign obstructed the view of motorists and felt it should be removed. Rob Paterson, 530 N. Main Street, stated the buses should drop riders off in the Pick N’ Save parking lot instead of at the parking lot entrance on the street. Dave Groenier, 2415 Kingston Place, stated his concerns that the City was considering taking out the traffic signals at the intersection of W. Ninth Avenue and Westhaven Drive. Rick Van Densen, 1712 Wilson Avenue, stated he would like the bus routes changed back to the way they were. CA ONSENT GENDA Approval of Bills presented by the Finance Director. Council Member Allison-Aasby asked for an explanation on the outside legal service fees issued to Priebe Law Office, Godfrey and Kahn, S.C., and Davis and Kuelthau. Ms. Lorenson explained that Priebe Law Office was the City’s prosecutor, Godfrey and Kahn was a law firm the City used that specialized in environmental law. Mr. Rohloff indicated that Davis and Kuelthau was a law firm the City used that dealt with sensitive personnel issues. Receipt of Claim filed with the City’s Insurance Company: A) Patricia Krause for alleged damages for falling on the sidewalk 2 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER Petition received and filed to retain stoplights at intersection of West Ninth Avenue and Westhaven Drive. Resolution 13-431 Approve Conditional Use Permit for Hertz Automobile Rental Business in Strip Mall at 1684-1694 South Koeller Street (Plan Commission Recommends Approval) Resolution 13-432 Approval of Amendment to Engineering Services Agreement with Strand Associates, Inc. for Construction Management Services for the James Road Area Stormwater Detention Basin in the Amount of $50,000.00 Council Member Cummings asked for an explanation regarding the amendment. Mr. Patek explained the rip rap was installed incorrectly by the contractor in a spill way and the error was corrected at the contractor’s expense. Council Member Cummings asked for an explanation of the $50,000 cost for the amendment. Mr. Patek explained the $50,000 pertained to the development of wetlands per the requirements of the DNR. Resolution 13-433 Approval of Amendment to Engineering Services Agreement with Strand Associates, Inc. for Construction Related Services for the Sawyer Creek Channel Improvements in the amount of $80,000.00 Resolution 13-434 Award Bid for Parking Structure Repairs for City Center Parking Ramp to NORCON Corporation ($66,005.00) Resolution 13-435 Approval of Oshkosh North High School Student Council to Utilize City Streets for their Oshkosh North Homecoming Parade / September 27, 2013 Resolution 13-436 Approval of Special Event - Oshkosh Mid-Morning Kiwanis – to Utilize Menominee Park for their Kick’n it for Kids / September 28, 2013 Resolution 13-437 Approval of Oshkosh Alleycat Racing & Community Theater Group to Utilize City Streets for their Cogtober Fest – Bicycle & Beer Festival / September 28, 2013 Resolution 13-438 Approval of Special Event – Girl Scouts of the Northwestern Great nd Lakes to Utilize Opera House Square for their 2 Annual Girls Take Over the Square / October 4, 2013 3 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER Resolution 13-439 Approval of Special Event - Oshkosh Festivals, Inc., to Utilize City Streets for their Oshkosh Oktoberfest / October 5, 2013 Resolution 13-440 Approval of Special Event - UWO Alumni Relations Office & Oshkosh Cycling Club to Utilize City Streets for their Tour de Titan Bike Ride / October 12, 2013 Resolution 13-441 Approval of Special Event - UWO Alumni Relations Office to Utilize UWO Sports Complex for their UW-Oshkosh Tent City / October 12, 2013 Resolution 13-442 Approval of Special Event - Oshkosh Aces MC, Inc. & the Bar to Utilize rd City Streets for their 3 Annual Chili Run for Adopt a Family / October 12, 2013 Resolution 13-443 Approval of Special Event - Oshkosh Chamber of Commerce to Utilize st City Streets for their 31 Annual Holiday Parade / November 14, 2013 Resolution 13-444 Disallowance of Claim by Louann Polishinski Resolution 13-445 Disallowance of Claim by Douglas Marciniak Resolution 13-446 Disallowance of Claim by Daniel Shears Resolution 13-447 Approve Appointment to Landmarks Commission Resolution 13-448 Approve Combination “Class B” License, Special Class “B” Licenses & Operator Licenses Council Member Cummings questioned what the process was for evaluating people applying for liquor licenses. Ms. Ubrig explained the application for a liquor license was obtained in City Clerk’s Office and once completed it was submitted to the police department. Chief Greuel stated his department reviewed the liquor license applications and required the applicant to set up an appointment with the police department to review alcohol laws and City Ordinances as it pertained to alcohol. A background check and criminal history was performed on all new applicants. MOTION: ADOPT CONSENT AGENDA (Cummings; second, Clark) CARRIED: Ayes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower 4 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER OB THER USINESS Petition received and filed for opposition of Street Improvements (Keenville Lane, Harbor Bay Road, Louise Court, Driftwood Lane) MOTION: APPROVE (Allison-Aasby; second, Cummings) CARRIED: Ayes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 13-449 Approval of Changes in Short-Term Parking in Algoma & Grand Parking Lots FIRST READING; LAID OVER UNDER THE RULES Ordinance 13-450 Approval of Parking Regulation Changes on Ceape Avenue, Court Street, Hazel Street, 7th Avenue & 22nd Avenue FIRST READING; LAID OVER UNDER THE RULES Resolution 13-451 Approval of Waiver of Fees for Barricade Costs for Special Event / Cogtober Fest Bicycle & Beer Festival / September 28, 2013 MOTION: ADOPT (Herman; second, Clark) LOST: Noes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower Council Member Herman asked if the same barricades being used for the Farmers Market would be used for the Cogtober Fest Bicycle & Beer Festival. Mr. Rohloff stated the barricades used by the Farmers Market would not be used for the Cogtober Fest Bicycle & Beer Festival. The events were located in different areas and the City did not close off Market Street for the Farmers Market. He explained City staff recommended the Council not waive the fees of the barricades for the Cogtober Fest Bicycle & Beer Festival. Resolution 13-452 Approval of Special Event - Oshkosh Pub Crawl LLC to Utilize City Streets for their Oshkosh Pub Crawl / October 12, 2013 MOTION: ADOPT (Clark; second, Fitzgerald) CARRIED: Ayes (5) Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower; Noes (1) Herman Council Member Herman asked if the establishments listed in the memo of the resolution were sponsors of the pub crawl event. 5 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER Ms. Lorenson indicated the City did not contact each establishment separately; the list of establishments was provided by the organizer as participants of the event. Council Member Herman stated he did not support the pub crawl event. He felt it was disruptive to the downtown and nearby neighborhoods. Council Member Cummings noted the event would take place even if the Council voted against the resolution. Ms. Lorenson indicated the City would have better recourse to collect any extraordinary expenses it incurred as a result of the event if the Council approved the resolution. She stated the organizer of the pub crawl event completed the necessary paperwork required in order to hold the event. Council Member Fitzgerald felt the event organizer realized that the event would happen whether or not the Council approved the resolution. He commended the pub crawl organizer for following the special event policy of the City. Council Member Cummings asked what recourse the City had if property was destroyed during a special event. Ms. Lorenson stated the City would have no recourse for private property damaged during a special event. The City, however, would have recourse for damage to City property as long as it could prove who was responsible for the damages. CD,DCM&FAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS A joint workshop between the Council, Plan Commission and the Redevelopment Authority to determine a vision for the river front development would be held at a future date. A workshop on the CIP would be held on September 25, 2013 from 5:30 p.m. to 7:30 p.m. Workshops on the budget/departmental details would be held on October 21 & 29, 2013 from 5:30 p.m. to 9:30 p.m. both nights. Council Member Allison-Aasby stated she would be out of state for the October 21, 2013 budget meeting. A workshop on the budget and Capital Improvement Program follow up would be held on November 6, 2013 from 5:30 p.m. to 7:30 p.m. Council Member Cummings indicated he would be out of state for the November 6, 2013 budget and CIP follow up meeting. A workshop on special events would be scheduled in the future. 6 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER A workshop with the consulting firm the City hired to update the municipal zoning code would be held on September 30, 2013. The firm would be at City Hall all day and Council members could choose a time slot in which to meet for input. Council Member Cummings stated he would like the City to begin enforcing the municipal code which would clean up both the land side and the water side of the former Pioneer Inn Property. Mr. Rohloff stated he had received an increased number of complaints from frustrated citizens regarding the former Pioneer Inn Property. He agreed the City should research whether the property owner was violating any City codes. Allen Davis, Director of Community Development, stated he would have his staff determine whether there were existing violations to any maintenance or public nuisance codes at the former Pioneer Inn Property and report back to the Council. Council Member Allison-Aasby asked how long it would take Mr. Davis to report back to Council regarding the former Pioneer Inn Property. Mr. Davis stated he would have a preliminary report on the former Pioneer Inn Property at the next Council Meeting. Council Member Herman asked if the newly installed railroad bridge would be painted. Mr. Rohloff stated it was his understanding that the railroad bridge was finished and in its final state. Council Member Herman asked if it was possible to bring closed captioning to the Oshkosh Community Media Services Channel. Mr. Rohloff indicated he would speak with the Oshkosh Community Media Services Channel staff to determine if closed captioning was feasible. Mayor Tower asked if the staging area near the new railroad bridge had been cleaned up. Council Member Cummings indicated the staging area used for the new railroad bridge on Bay Shore Drive had not been cleaned up. Council Member Cummings reported that the Landmarks Commission installed its first historic plaque on the building which houses Oblio’s Lounge. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about public urination in her neighborhood and the trimming of trees on City terraces. 7 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Strong reported due to the concerns of riders, Go Transit Route 9 would again be making stops in the parking lots of the hospitals beginning in mid October 2013. Council Member Herman asked if buses would be making stops in the parking lot of the Affinity Medical Facility on Jackson Street. Mr. Strong stated in 2009 the property owner of the Affinity Medical Facility on the corner of Jackson Street and Packer Avenue requested that City buses no longer use the parking lot to pick up and drop off riders. At that time the City decided to alter routes to serve riders on Packer Avenue rather than Jackson Street. He explained that beginning mid October, the Go Transit Route 4 would again be serving riders from Packer Avenue instead of Jackson Street. Mr. Rohloff gave an update as to the status of the acquisition of the property for August Pitz rd and Sons at 702 W 3 Avenue. He stated the City would be using the process of eminent domain through the State of Wisconsin. He explained an amendment was made to the agreement with Midwest Engineering Services, Inc. for construction testing services for the James Road Area Stormwater Detention Basin in the amount of $16,200.00. He stated the amendment was due to contractor error and the City would recoup the cost. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY (Herman; second, Clark) LOST: Noes (6) Herman, Clark, Fitzgerald, Cummings, Allison-Aasby, Mayor Tower Council Member Herman reported that Council Member Pech requested the closed session be postponed due to him being absent as the result of a family emergency. Council Member Herman asked if closed sessions could be held on a night other than a Council Meeting. Ms. Lorenson stated closed session meetings could be held at any time as long as they were noticed twenty four hours in advance. MOTION: ADJOURN (Allison-Aasby; second, Clark) CARRIED: VOICE VOTE 8 PCC–S 24, 2013 ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER The meeting adjourned at 7:36 p.m. PAMELA R. UBRIG CITY CLERK 9