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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN M27,2014 AY NOTE: The Common Council met at 4:45 p.m. for a Health Insurance Workshop REGULAR MEETING held Tuesday, May 27, 2014, at 6:00 p.min the Council Chambers, . City Hall. Mayor Tower presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Caroline Panske, Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., 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 Pech read the Invocation. The Pledge of Allegiance was led by Romey Harenburg and Meghan Oakes from Lakeside Elementary School 2014 ACANTHUS HISTORIC PRESERVATION AWARDS On behalf of the Landmarks Commission, Shirley Maddox presented the 2014 Acanthus Awards. The Christine Ann Center received an Acanthus Award for the sensitive design of an addition to a historic property using elements that are sympathetic to the aesthetic designed by architect William Waters. Jane Shirger received an Acanthus Award for appropriate maintenance efforts and complete painting of her residence at 609 Jackson Street that enhance Oshkosh history and protect our cultural heritage. Lynn Stephany received an Acanthus Award for the appropriate maintenance efforts and complete painting of her residence at 301 E. Irving Avenue that enhance Oshkosh history and protect our cultural heritage. The Richard Naslund Family received an Acanthus Award for the commendable restoration of the interiors of historic structures located within the National Register North Main Street Historic District (317 & 319 Market Street). CSC ITIZEN TATEMENTS TO OUNCIL Gary Gray, 815 W. Linwood Avenue, felt the Council should have a workshop on economic development to determine what the advantages and disadvantages were for economic development in the City and to identify what opportunities there might be to bring economic development to the City of Oshkosh. Bob Cornell, 548 W. Smith Avenue, stated his term was coming to an end as president of the Oshkosh Senior Center. He also reported on upcoming events at the senior center. 1 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt and Filing of Museum Board Minutes from April 3, 2014 Receipt of Claim filed with the City’s Insurance Company: A) Mary Sidlo for sewer backup B) AT& T for damage to their phone terminal from a city lawn mower Resolution 14-235 Approve Edward Byrne Memorial Justice Assistance Grant (JAG) for Police Department in the Amount of $23,420.00 Resolution 14-236 Approve Purchase of Programmable Logic Controller Hardware and Software Upgrade for Water Filtration Plant in Accordance with Section 12-11 ($179,000.00) Resolution 14-237 Approval of Agreement for Engineering Services with AECOM Technical Services, Inc. for Environmental Monitoring and Operations/Maintenance Support at Timmerman Landfill in the Amount of $32,000.00 Council Member Herman asked where the Timmerman Landfill was located. th Mr. Patek stated the Timmerman Landfill was located at the intersection of 35 Avenue and Marvel Drive in the South Industrial Park. Resolution 14-238 Approval of Initial Resolution for Special Assessments for Storm Sewer Laterals / Various Locations Resolution 14-239 Approval of Variance to Close a portion of Wisconsin Street (STH 44) from Church Avenue to Irving Avenue & Establish Alternate Truck Route During Sanitary Sewer Manhole Rehabilitation Work – June 2014 / Wood Sewer and Excavating Inc. Resolution 14-240 Award Bid for Digester Cleaning & Painting for Wastewater Treatment Plant to Synagro Central LLC & Mill Coatings Inc. (Total Aggregate amount of $83,850.00) Resolution 14-241 Approve Initial Resolution authorizing not exceeding $15,130,000 general obligation bonds of the City of Oshkosh 2 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 14-242 Approve Resolution directing the advertisement and sale of approximately $15,130,000 aggregate principal amount of Series 2014-B, approximately $2,805,000 aggregate principal amount of General Obligation Promissory Notes, Series 2014-C, approximately $8,485,000 aggregate principal amount of Storm Water Utility Revenue Bonds, Series 2014-A, approximately $6,210,000 Sewer System Revenue Bonds, Series 2014-D & approximately $3,950,000 Water Revenue Bonds, Series 2014-E, of the City of Oshkosh, Winnebago County, Wisconsin Mayor Tower asked for an explanation of the bonds. Mr. Rohloff explained that approximately $9,000.000.00 of the $15,130,000.00 was to refinance remaining debt from 2004 and 2006. Todd Taves, from Ehlers and Associates, stated that bond rates were up from a year ago, but were still considered to be low. He explained that the Storm Water Utility Revenue Bonds would be sold immediately, however the remaining series of bonds would be sold in the month of September. He stated the City typically issued debt in the fall once contracts were bid out and the amounts were better known. Resolution 14-243 Approve Appointments to the following Boards and Commissions: Transit Advisory Board, Parking Utility Commission, Plan Commission, Grand Opera House Advisory Board, Landmarks Commission, Traffic Review Advisory Board, Parks Advisory Board, Committee on Aging, Board of Appeals, Library Board, Museum Board, Police & Fire Commission, Bid Board, Storm Water Utility, Extraterritorial Zoning Committee, Sustainability Advisory Board Resolution 14-244 Approve Special Class “B” Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second Allison-Aasby) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-245 Approve Request to Attach to City from Town of Black Wolf / Purtell Voluntary Attachment; Southeast Corner of Ripple Road and Oregon Street MOTION: LAYOVER UNTIL JUNE 24, 2014 COUNCIL MEETING (Pech; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower 3 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rohloff stated there were outstanding issues regarding the property and asked that the ordinance be laid over for consideration until the June 24, 2014 Council Meeting. Ordinance 14-246 Approve Request to Annex to the City / Hickory VI Annexation – 2338 Hickory Lane MOTION: ADOPT (Cummings; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Ordinance 14-247 Approval of Left Turn Regulations at Main Street and Merritt Avenue FIRST READING; LAID OVER UNDER THE RULES Gary Gray, 815 W. Linwood Avenue, was opposed to the ordinance. He felt drivers should be able to turn left onto N. Main Street from Merritt Avenue due to it being a business district. He stated the traffic lights could be changed to allow for left turns. Bob Cornell, 548 W. Smith Avenue, felt that vehicles turning left onto N. Main Street from Merritt Avenue caused traffic to back up on Merritt Avenue. Patricia Diener, 1316 Broad Street, supported the ordinance. Council Member Herman stated he was the Council Liaison on the Traffic Review Advisory Board and recommended that the Council review the memos and information given to them regarding traffic at the intersection of N. Main Street and Merritt Avenue prior to voting on the ordinance at the next meeting. Resolution 14-248 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Allison-Aasby; second, Panske) MOTION: AMEND TO REMOVE TIMBUKTU LICENSE AND GET STATUS (Herman; second, Fitzgerald) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower Council Member Fitzgerald asked if there had been progress with the bar, Timbuktu, since their fire. Ms. Ubrig stated she had not heard if there had been any progress with the, Timbuktu, since their fire in January. Council Member Herman stated he would not support the resolution if Timbuktu was included. He wanted an update on the intentions of the owner. 4 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Ms. Ubrig stated she would invite the owner of Timbuktu to the June 10, 2014 Council Meeting to explain what her intentions were for the bar. Resolution 14-249 Approval of Block Party Request / Rahr Avenue Between Lane Street and Lake Winnebago / June 6, 2014 MOTION: ADOPT (Panske; second, Cummings) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Fitzgerald, Cummings, Pech, Mayor Tower CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS A workshop on sex offenders would be held on June10, 2014 at 5:00 p.m. Council Member Cummings stated he attended a sex offender meeting with residents of the Middle Village that included politicians and members from the State level. He asked if they would be invited to the workshop. Mr. Rohloff noted at the previous meeting the Chief of Police stated that a member from the Department of Corrections would attend the workshop. Council Member Cummings felt that Representative Hintz and Senator Gudex should be invited to attend the workshop. A workshop on strategic planning would be held on July 9, 2014; a time and place would be determined. Mr. Rohloff indicated he had not received enough survey results from the Council regarding preferences for a pedal pub ordinance. Mayor Tower polled the Council as to whether or not they wanted to allow alcohol consumption on the pedal pubs. Council Member Fitzgerald felt the draft of the ordinance should include the consumption of alcohol. The Council could debate the issue of alcohol consumption when the ordinance came before them. Council Member Herman asked if the City would be violating its Open Intoxicants Ordinance if the Council voted to allow the consumption of alcohol on pedal pubs. Ms. Lorenson explained that the State Statute for Pedal Pubs had a specific provision that overrode the City’s Open Intoxicants Ordinance. She stated the City would have to rewrite its Open Intoxicants Ordinance to include pedal pubs if that was what the Council wanted. Council Member Herman asked if the pedal pub owners would have to obtain a liquor license. 5 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Ms. Lorenson stated the pedal pub owners would not need to obtain a liquor license due to them not selling alcohol. She stated pedal pub participants would bring their own fermented malt beverages. Council Member Cummings asked if City staff had contacted other communities in the state that had pedal pub ordinances. Ms. Lorenson stated that pedal pubs were relatively new therefore few municipalities had ordinances regarding them. She stated that Appleton, Milwaukee and Hudson were in the process of drafting ordinances for pedal pubs. She stated the City of Madison had a pedal pub ordinance in place which allowed for the consumption of fermented malt beverages. Mayor Tower indicated that he had done some internet research of pedal pub ordinances. Council Member Cummings asked if City staff had researched pedal pub ordinances in other states. Mr. Rohloff stated that the Twin Cities in Minnesota had a pedal pub ordinance. Mayor Tower indicated that the Council had received a letter with information regarding quadricylces. He suggested if council members were going to do internet research that they search both quadricycles and pedal pubs as the information was different for each of them. Mayor Tower indicated there were three inactive Combination “Class B” Licenses for which the holders were invited to give the Council status updates. He stated after the status updates were given the Council would determine whether or not a hearing would held. Mr. Cinders (1002 N Main Street) – Steve Sosnoski, 1625 Maricopa Drive, stated his intention was to use the Combination “Class B” License at the Mr. Cinders location. He stated he would no longer offer the license with the sale of the Ninth Avenue location. He stated in the 2013-2014 liquor license cycle he paid for two licenses; a beer and wine license for Mr. Cinders and a Combination “Class B” License for Sisters Restaurant. When the Council approved the transfer of the Combination “Class B” License from Sisters Restaurant to Mr. Cinders he had two licenses at the same time for Mr. Cinders. He stated he thought he would be reimbursed for the beer and wine license since he had already paid for the Combination “Class B” License that was transferred from Sisters Restaurant to Mr. Cinders. He stated for the 2014-2015 liquor license cycle he did not renew his beer and wine license at Mr. Cinders, opting to renew the Combination “Class B” License for Mr. Cinders. He stating he had an abundance of liquor at the former Sisters Restaurant that he would be transferring over to Mr. Cinders. Ms. Ubrig clarified that only one liquor license could be issued to an address a time. She stated at the time the Council approved the transfer of the Combination “Class B” License from Sisters Restaurant to Mr. Cinders, the City Clerk’s Office reduced from the Combination “Class B” License the amount of the beer and wine license fee, resulting in only one liquor license being issued for Mr. Cinders. Mayor Tower noted that there was not a double billing of the liquor licenses for Mr. Cinders. 6 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY th Tabooz (642 W. 9 Avenue) – K.C. Mauer, a Realtor with ReMax 24/7, represented First th National Bank, the lender who foreclosed on the property located at 642 W. 9 Avenue. He stated not having a liquor license associated with the property would adversely affect the salability of the property. He requested a hearing for the purpose of securing a liquor license associated with the property. Mayor Tower asked if a liquor license was associated with the location of an establishment or the name of the owner. Ms. Ubrig stated that a liquor license was associated with the address of the location of the establishment. Mayor Tower asked where the liquor license for Tabooz was at the current time. th Ms. Ubrig stated the liquor license for Tabooz was located at 642 W. 9 Avenue. th Mr. Mauer asked if there was a current liquor license for the establishment at 642 W. 9 Avenue. th Ms. Ubrig stated currently there was a liquor license at 642 W. 9 Avenue. Mr. Mauer stated he was informed by his client that she was completing the paperwork for a new liquor license. th Ms. Ubrig stated the current liquor license at 642 W. 9 Avenue would expire on June 30, 2014. She stated since she reported the license as inactive at the May 13, 2014 Council Meeting, First National Bank had filed the paperwork to take over the liquor license. She stated the liquor license would come before Council once it was published. She stated the process of inviting the representatives of the inactive Combination “Class B” Licenses to give status updates to the Council was already in progress prior to First National Bank filing the liquor license paperwork. Council Member Cummings asked if the City would issue a liquor license to a non operating business. Ms. Ubrig replied the City did not issue liquor licenses to non operating businesses. She explained that the Council approved liquor licenses and she, as the City Clerk, issued them; it was a two step process. She stated for the 2013-2014 liquor license cycle the Council th had approved a liquor license for 642 W. 9 Avenue, however she did not physically issue a liquor license to that address for 2013-2014. th Council Member Pech commented since there was an approved liquor license at 642 W. 9 Avenue, that property could have been put on the market a year ago. th Mr. Mauer indicated that the property at 642 W. 9 Avenue had been put on the market forty five days ago. th Mayor Tower asked if the current owner had tried to sell the property at 642 W. 9 Avenue. 7 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY th Mr. Mauer stated he contracted the listing for the property at 642 W. 9 Avenue within forty five days of the bank clearing up any title issues with the property that would have precluded them from selling the property. Council Member Herman stated the Council had approved liquor licenses in the past for non operating businesses that were listed for sale. th Walleyes (458 W 6 Avenue) – Paul Ulrich, 405 E. Larrabee Street, Omro, Wisconsin, th stated he was the owner of Walleyes Pub located at 458 W. 6 Avenue. He stated he had been trying to sell the property since June, 2013. He stated he had been lowering the price of the property regularly and asked the Council to grant him some more time to sell the property before starting the process of revoking the liquor license. He stated he was under contract with the Premier Group to market the property until June 30, 2014; at that time if the property was not sold he intended to put the property up for auction and sell it to the highest bidder. He asked the Council to give him until August 30, 2014 to sell the property. Mayor Tower asked for Council discussion regarding what direction to take with the three inactive Combination “Class B” Licenses. Council Member Herman asked if the hearings would be held at the June 10, 2014 Council Meeting if the Council decided to go forward with hearings regarding the three inactive Combination “Class B” Licenses. Mr. Rohloff stated that if Council decided to go forward with hearings for any of the three inactive Combination “Class B” Licenses, the hearings would be held at the June 10, 2014 Council Meeting as the purpose of the hearing was to not renew the license. He explained if the Council wanted to approve the liquor licenses in question, the licenses would be placed on the agenda for approval at the next Council Meeting along with all of other liquor license renewals; if the Council wanted to consider revoking the licenses, hearings would need to be held in order to give the representatives of the liquor licenses due process to state their case. Council Member Cummings asked if questions as to citations or unpaid taxes could be addressed at the hearings. Mr. Rohloff stated questions as to citations or unpaid taxes typically were addressed when the liquor license was issued. Mayor Tower stated council members would want to know the answers of the aforementioned questions. Council Member Fitzgerald asked if the three inactive Combination “Class B” Licenses would be considered for renewal at the next meeting if the Council decided against holding hearings. Mr. Rohloff confirmed the three inactive Combination “Class B” Licenses would be considered for renewal at the next meeting if the Council decided against holding hearings. 8 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Herman asked if there was a grace period for liquor licenses. Mr. Rohloff stated the protocol the City followed for non renewal of a liquor license was a year of inactivity on the liquor license. Ms. Lorenson explained the decision before the Council was either to renew the liquor license or not to renew the liquor license. Council Member Herman asked if the Council had the option to grant a six month extension instead of one year renewal. Ms. Lorenson explained the Council could renew the license and then hold a revocation hearing. Council Member Pech asked, in the case of Walleyes, if the Council could give Mr. Ulrich th until August 30 to sell his establishment and if nothing happened by that date opt to have a hearing for revocation. Ms. Lorenson stated in the case of Walleyes, the Council would need to renew the liquor th license for Walleyes, and if it was not sold by August 30, notify the City Attorney that the Council would like to proceed with a revocation hearing due to a year of non activity. Council Member Pech asked if the notice of a potential revocation hearing due to a year of non activity could be included in the liquor license renewal. Mr. Rohloff stated to include the notice in the license renewal was not required, however he felt it was a good idea. He felt the City should acknowledge a year of non activity from the th date the establishment closed; not just review them on June 30. Mayor Tower asked the Council for their thoughts. Council Member Pech felt the Council should hold hearings for all three establishments. Council Member Cummings agreed. Council Member Herman asked why Mr. Sosnoski would need a hearing if he was using the liquor license at Mr. Cinders. Mayor Tower stated he had more questions for Mr. Sosnoski as to how he intended to use the license. Ms. Lorenson stated technically Mr. Sosnoski was using the Combination “Class B” license to serve fermented malt beverages. Council Member Fitzgerald did not feel it was necessary to have a hearing for Mr. Cinders, however he supported hearings for Tabooz and Walleyes. 9 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member Panske did not feel it was necessary to have a hearing for Mr. Cinders, but supported hearings for Tabooz and Walleyes. Mayor Tower supported having hearings for all three establishments. He felt Mr. Cinders was not using the Combination “Class B” license properly. Ms. Lorenson stated by State Statute her office was required to give Mr. Sosnoski a reason for violation. She stated since Mr. Cinders was actively using the Combination “Class B” license she did not know on what grounds to notify Mr. Sosnoski for the reason for the hearing. Council Member Cummings felt Mr. Cinders should be using the license as intended. If Mr. Sosnoski only wanted to serve beer and wine at Mr. Cinders he could get a different license to do that and someone else could use the Combination “Class “B” license. He suggested the Council have a hearing for Mr. Cinders. Mr. Rohloff suggested that the Council schedule a hearing for Mr. Cinders on the grounds that the license was not being used properly. th Mayor Tower announced that there would be three hearings at the June 10 Council Meeting and hoped that the representatives on hand would be there. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about people tearing up the grass on the railroad property by parking on Broad Street. She was also concerned about people tearing up the grass on her neighbors terrace and the possible use of a firearm in her neighborhood. CMA&S ITY ANAGER NNOUNCEMENTS TATEMENTS Mr. Rohloff reported a 2015 Budget Calendar was provided to the Council. He stated a nd potential workshop would be held on July 22 and felt by then he would have projections on revenues, expenditures, as well as the parameters on personnel costs. He stated the th formal budget would not be brought before Council until October 14, however he asked the Council if they favored pre budget workshops. The Council stated they were in favor of pre budget workshops. Council Member Allison-Aasby requested for the Capital Improvement Program (CIP) that department heads list their priorities from top to bottom in order to aid the Council. Mr. Rohloff stated the budget calendar indicated a draft of the budget document would be delivered to the Plan Commission and made available to the Council by approximately st September 1. Council Member Herman agreed it would be helpful to the Council if all department heads prioritized their budget needs. 10 PCC–M27,2014 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rohloff thanked the Council for their feedback on the budget. He stated the Wisconsin League of Municipalities made a video that he thought would be beneficial for council members to view. Lastly, he reported that the City had received $2,000.00 from Joe Kubiak towards the pub crawl special charges. He stated that Chief Greuel was compiling the appropriate evidence needed to make a case of who received the services that were rendered by the Oshkosh Police Department for the pub crawl. He explained the City Attorney would review the evidence presented by Chief Greuel. He stated his goal was to st get that information to the Council by July 1. He reported the balance of the pub crawl special charges was $3,800.00 after the payment made by Mr. Kubiak. MOTION: ADJOURN (Cummings; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 7:31 p.m. PAMELA R. UBRIG CITY CLERK 11