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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN A8,2014 PRIL REGULAR MEETING held Tuesday, April 8, 2014, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. Mr. Rohloff introduced James Collins, the new Transportation Director and Trena Larson, the new Director of Finance. Council Member Herman noted that Mr. Collins had also attended the Traffic Review Board Meeting earlier in the evening. PRESENT: Council Members Steve Cummings, Deb Allison-Aasby, Tom Pech, Jr., Steven Herman, Kyle Clark, Sean Fitzgerald, and Mayor Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works Council Member Cummings read the Invocation. The Pledge of Allegiance was led by Lynsey Domiter and Jaiden Alsteen from Webster Stanley Middle School; and Lily Spanbauer from Webster Stanley Elementary School CSC ITIZEN TATEMENTS TO OUNCIL Gary Gray, 815 W. Linwood Avenue, felt the City should make clear what its definition was economic development is. Patricia Diener, 1316 Broad Street, was concerned about heavy trucks using the newly black topped streets in her neighborhood. She felt that Broad Street should only have parking on one side of the street from New York Avenue to Tennessee Avenue and was concerned about drivers racing in her neighborhood leaving skid marks. She asked if the City had planned on dredging the lagoon in South Park. Council Member Fitzgerald stated a comprehensive plan for South Park was in the works which included measures to expand the drainage ponds. Council Member Clark stated the Storm Water Utility Board was also discussing the lagoons in South Park. CA ONSENT GENDA Approval of Bills presented by the Finance Director 1 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Approval of Cash Report from February 2014 Receipt of Claim filed with the City’s Insurance Company: A) Brian & Jenny Perzentka for alleged damages from a sewer back up B) Jamie Haddock for alleged damages from a sewer back up C) Sharon Brearley for alleged damages from a sewer back up Resolution 14-145 Approval of Change Order No. 1 for Public Works Contract No. 12-10 with August Winter & Sons Inc. for Water Filtration Plant Chemical and Electrical System Improvements (+$105,338.00) Resolution 14-146 Approval of Change Order No. 2 for Public Works Contract No. 13-08 with Miron Construction Co. Inc. for the Public Works Field Operations Facility ($0) Resolution 14-147 Approval of Professional Services Agreement with Moss and Associates, LLC for Right-of-Way Acquisition Services for the Reconstruction of North Main Street in the Amount of $80,000 Resolution 14-148 Approve Agreement with Wisconsin Public Service to Participate in a Grant Program to partially fund the costs of Compressed Natural Gas (CNG) & other Alternative Fuel Vehicles Resolution 14-149 Authorize Grant Application to the Wisconsin Department of Natural Resources for Targeted Runoff Management or Urban Nonpoint Source and Storm Water Management Grant Program for the Washburn Street – Westowne Avenue Area Stormwater Quality Detention Basin Resolution 14-150 Authorize Grant Application for Fire Prevention and Safety Grant Council Member Cummings what the procedure was for smoke detector inspections. Tim Franz, Fire Chief, explained residents could call individually to have their homes inspected for smoke detectors, however the fire department also targeted neighborhoods to install and inspect smoke detectors. He stated the grant would fund a community risk assessment and the smoke detector installation program. Resolution 14-151 Approve Planned Development for Parcel Reconfiguration of Existing Commercial Shopping Center/Parking Lot at 1935-1989 South Koeller Street (Plan Commission Recommends Approval) Resolution 14-152 Approve Expansion of Existing Planned Development to include Manufactured Housing Sales and an Outdoor Display at 3596 Stearns Drive (Plan Commission Recommends Approval) Resolution 14-153 Approve Lease Extension with Fraternal Order of Eagles / Spanbauer Memorial Field Concessions 2 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Resolution 14-154 Award Bids for Tandem Axle Truck Chassis with Jetter Vac for Wastewater Division to Bruce Municipal Equipment and Quality Truck Care Center Inc., in the amount of $355,521.00 Resolution 14-155 Approve Fund Transfers Mayor Tower asked for an explanation of the larger fund transfers. Mr. Rohloff explained the larger fund transfers were for contractual services for personnel, specifically the police and fire departments, which were due to unresolved contracts from 2012. He indicated these were one time transfers and would not continue on in future budgets. Resolution 14-156 Approve Fund Balance Reservations Council Member Herman commended the departments that were under budget for 2013. He asked what would happen with the funds reserved for Economic Development Marketing / Promotion. Mr. Rohloff stated until the public/private partnership for economic development was resolved the money would stay in reserve. Council Member Herman asked if there were marketing funds in the 2014 economic development budget. Allen Davis, Director of Community Development, stated there were marketing funds in the 2014 economic development budget, however it was a smaller amount. Council Member Herman asked what would be marketed for economic development. Mr. Davis replied the budget would be used for signage in the industrial parks and other properties targeted for redevelopment. Council Member Herman asked if Mr. Davis was searching for partners to help in the marketing process. Mr. Davis stated he planned on using partners to help in the marketing process, however they had not yet been determined. Resolution 14-157 Rescind Property Taxes / Benjamin Moore Paint (922 Oregon Street) Resolution 14-158 Disallowance of Claim by Robert and Susan Ackermann Resolution 14-159 Disallowance of Claim by Peninsula Properties Resolution 14-160 Disallowance of Claim by Deborah Lane Resolution 14-161 Approve Appointments to the Museum Board 3 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Resolution 14-162 Approve Operator Licenses MOTION: ADOPT CONSENT AGENDA (Clark; second, Cummings) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-163 Approve Request to Attach to City from Town of Algoma / Rusch West thth 20 Avenue Voluntary Attachment; 3300 Block of West 20 Avenue MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 14-164 Amend Special Events Ordinance Pertaining to Grounds for Denials of Permits (Recommended by Special Events Review Committee) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 14-165 Amend City Ordinances Pertaining to Bow Hunting Within the City MOTION: ADOPT (Clark; second, Fitzgerald) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Ordinance 14-166 Approve Request to Attach to City from Town of Black Wolf / Purtell Voluntary Attachment; Southeast Corner of Ripple Road and Oregon Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 14-167 Approve City Ordinances Pertaining to Mobile Vending FIRST READING; LAID OVER UNDER THE RULES Council Member Herman stated he received a call from a mobile vendor who was concerned about having to pay a fee for each site the vendor used in the City. Ms. Lorenson stated the fee Council Member Herman was referring to was a Temporary Use Permit fee which was not associated with the Mobile Vending Ordinance. She explained that Temporary Use Permits were issued through the Planning Services Division. Mr. Davis explained a Temporary Use Permit was required when any vendor sold food or merchandise on private property. Those cases were different from mobile vending where vendors parked their carts on streets or sidewalks. 4 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Council Member Herman asked if vendors at Sawdust Days, Country USA and Waterfest paid for Temporary Use Permits. Mr. Davis replied vendors at Sawdust Days, Country USA and Waterfest were not required to get Temporary Use Permits due to them being part of a special event. Council Member Herman did not think a mobile vendor should be charged a fee each time they changed locations. He felt it was excessive to charge multiple Temporary Use Permit fees on top of the Mobile Vending License fee and the Health Department License fee, Ms. Lorenson explained that the Temporary Use Permit was an exception. A vendor would not have to obtain a Mobile Vending License unless the vendor was using the sidewalks or streets. Mr. Davis indicated the Mobile Vending Ordinance for use in the right of ways was different from a vendor going from private property to private property. He explained typically the Temporary Use Pemits were used by vendors other than mobile food vendors. Council Member Herman asked what the rationale was for charging vendors who sell merchandise on private property. Ms. Lorenson stated in the zoning code there was a Temporary Use Permit provision that vendors needed to comply with. Mr. Davis added that the zoning code regulated the private property side of mobile vending. Mayor Tower felt the discussion was getting off topic and should stay directed to the mobile vending ordinance. Mr. Rohloff stated he would provide information to the council regarding Temporary Use Permits. Resolution 14-168 Approval of Special Event - Waterfest, Inc. to utilize Leach Amphitheater for their Waterfest Concert Series / August 21 & 22, 2014 MOTION: ADOPT (Cummings; second, Fitzgerald) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Mr. Rohloff stated that a meeting had taken place between City staff, members of Waterfest, and the hotel and convention center regarding the issue of parking due to multiple events being held downtown on August 21 and 22, 2014. He stated City staff were satisfied that all the parties were cooperative and worked through the issues requested by Council. Council Member Herman asked if satellite parking was discussed at the meeting. 5 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Ray Maurer, Parks Department Director, stated all that was discussed at the meeting was to find adequate staff parking within the Riverside Street Lot, the Ceape Lot, and the convention center lot. He felt satellite parking would be a great idea for future conversation. Mr. Rohloff stated Mr. Batley from the hotel was considering using a shuttle service to and from outlying parking lots for hotel employees. Council Member Clark felt it was good to discuss the parking issues months in advance of the events and thanked all parties involved for meeting to resolve the issues. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS A workshop on NeighborWorks would be held on April 22, 2014 at 5:00 p.m. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was opposed to the pub crawl. Mayor Tower reminded the public that they could speak during Citizens Statements to Council only one time per meeting. CMAS ITY ANAGER NNOUNCEMENTS AND TATEMENTS Mr. Rohloff reported that an engineering services agreement was made with AECOM for bidding and construction management for various water filtration plant projects. He stated an engineering services agreement was also made with AECOM for design, bidding and construction management for a new equipment storage building at the water filtration plant. He updated the Council on the pub crawl which unofficially would be held on th April 12. He stated that a special event permit had not been applied for nor had the City been contacted by the historical organizer of the event. He stated all businesses in the pub crawl area were notified of the event by the police chief. He stated the police department would use their discretion to identify what establishments benefited from the pub crawl in determining who would be assessed for extraordinary service charges. Council Member Cummings felt the City should find ways to make the pub crawl event less appealing to the participants. Mr. Rohloff stated that downtown businesses were the ones that were going to have to make the pub crawl less appealing to the participants. He stated other communities had pub crawl events that were promoted more responsibly. Council Member Cummings felt the City should take the lead in discouraging the pub crawl. He noted that the Oshkosh half marathon was taking place the morning after the pub crawl and asked if the streets would be cleaned by then. 6 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Mr. Rohloff stated historically the businesses along Main Street were good about cleaning up the streets prior to their businesses opening the day after the pub crawl. He would talk to the police chief and public works to determine a course of action. Council Member Cummings felt the City should begin work immediately on how discourage people from participating in the pub crawl. Mr. Rohloff stated felt the pub crawl was an issue for the entire community. Council Member Pech asked if the extraordinary service charges were assessed to the business owners or the owners of the property. Mr. Rohloff indicated by law, the extraordinary service charges had to be assessed to the owners of the property. Council Member Pech commented that although there was supposedly no organizer of the pub crawl event there was someone claiming ownership of Oshkosh Pub Crawl, LLC. He stated it was a reasonable assumption that the two were linked. Ms. Lorenson stated that she and the City Manager had discussed Oshkosh Pub Crawl, LLC as being the organizer of the pub crawl. Mr. Rohloff indicated that Oshkosh Pub Crawl, LLC had been listed as the organizer on previous special event applications for the pub crawl. He stated that Oshkosh Pub Crawl, LLC had demonstrated in the past, by applying for special event permits, that it was in fact the organizer of the event. As such, Oshkosh Pub Crawl, LLC would be cited for not applying for a special event permit for the pub crawl. He stated the City would use every legal means possible to hold the appropriate people accountable for the pub crawl. Council Member Fitzgerald offered a different perspective on the discussion of the pub crawl. He commended the owner of Oshkosh Pub Crawl, LLC for taking the responsibility he had for past three years of the pub crawl. In his opinion the pub crawl event was ethereal from a organizational stand point as the owner only sold T shirts for the event; there were no elaborate plans or committee meetings held; it was a matter of someone choosing a date. He felt the tavern owners and business owners who benefited from the event should stage the event and take care of the extraordinary costs. Council Member Pech felt the owner of Oshkosh Pub Crawl, LLC had set a precedent that he was the organizer of the pub crawl event. Council Member Clark stated there was social media presence for the event and felt that Oshkosh Pub Crawl, LLC was the defacto organizer of the pub crawl event. In his opinion as the defacto organizer of the pub crawl, the owner of Oshkosh Pub Crawl, LLC had the responsibility to make sure the event was safe, and to make sure the act of one individual did not have to be paid for by the municipality or its citizens. 7 PCC–A82014 , ROCEEDINGS OF THE OMMON OUNCIL PRIL Council Member Allison-Aasby asked if there would be a list of businesses who were deemed to be beneficiaries of the pub crawl made available to the public in order for citizens to know who they should be voicing their opinions to. Mr. Rohloff stated a notice of special charges would be sent to all businesses the police department determined to have benefited from the pub crawl event. The Council would be provided with the list of the businesses as it was the Council who made the legislative finding to determine that the charges were legitimate. He stated the business owners would have the opportunity to plead their case to Council. Council Member Allison-Aasby stated it was unfortunate that the City had to go the route of charging businesses for the extraordinary service fees but felt the citizens of Oshkosh should not have to pick up the tab for the businesses that benefited from the pub crawl event. Council Member Pech thanked Council Member Clark for his year of service on the Council. Council Member Clark stated it was his pleasure to serve on the Oshkosh Common Council and thanked the Council and City staff for providing him with the tools necessary to represent the citizens of Oshkosh. He wished Caroline Panske success in her term as incoming Council Member. MOTION: RECESS UNTIL NOON, APRIL 15, 2014 (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Cummings, Allison-Aasby, Pech, Herman, Clark, Fitzgerald, Mayor Tower Mayor Tower explained there would be two Council Meetings held on April 15, 2014. He stated at the first meeting the Council would close out the year and the second meeting would be the organizational meeting for the upcoming year. The meeting recessed at 7:09 p.m. PAMELA R. UBRIG CITY CLERK 8