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HomeMy WebLinkAbout03. Council Minutes from June 23, 2015� OlHKOlH OrviHE Wn�EB PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JuNe 23, 2015 REGULAR MEETING held Tuesday, June 23, 2015, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Kyle Clark, Deb Allison-Aasby, Steven Herman, Tom Pech, Jr. and Mayor Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Steve Gohde, Interim Director of Public Works Council Member Kyle Clark read the Invocation. The Pledge of Allegiance was led by Council Member Kyle Clark. PRESENTATION Eric Fowle from the East Central Wisconsin Planning Commission (ECWPC) recognized the significant contributions made by Oshkosh City Manager, Mark Rohloff to the ECWPC. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and Filing of Common Council Minutes from June 9, 2015. Receipt of Claims filed with the City's Insurance Company: A) Adam Kealey for alleged damages to his yard from equipment B) Greg Roberts for alleged damages from a sewer backup Resolution 15-302 Award Bid for Public Works Contract No. 15-07 to PTS Contractors for Utility Repairs & Installation / Various Locations ($1,762,375.07) Resolution 15-303 Approve Edward Byrne Memorial Justice Assistance Grant (JAG) for the Police Department ($18,409.00) 1 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 Council Member Herman noted the grant was a joint agreement which included Winnebago County and asked for the background on why it was a joint agreement. Scott Greuel explained the federal government issued grants based off the Unified Crime Report (UCR) statistics provided by the Oshkosh Police Department. He stated usually the grant was awarded to one agency in each county; generally the largest city in the county and it was up to that municipality to work out agreements with county agencies on how to use the grant money. He stated so as not to create disparate circumstances between agencies, the Oshkosh Police Department worked with the Winnebago County Sheriff's Department to determine what each other's needs were to find the best use for the grant. Council Member Herman asked what each department would receive through the grant. Chief Greuel stated the Oshkosh Police Department would receive scheduling software through the grant and the Winnebago County Sheriff's Department would receive body cameras. Resolution 15-304 Approve Granting Utility Easement at 1975 West Snell Road Resolution 15-305 Approve Professional Service Agreement with AECOM for Environmental Consulting Services for Bank First National Development; Southwest Corner of Jackson Street / Pearl Avenue Marion/Pearl Redevelopment Area ($77,500.00) Mayor Cummings asked for an explanation of the resolution. Allen Davis, Director of Community Development, explained although the City was not paying for the remediation of proposed site, the City was responsible for obtaining a certification of completion after the bank was constructed to satisfy DNR requirements that the property was free from environmental liabilities. Council Member Panske asked if the City would be liable once the certificate of completion was finished. Mr. Davis stated the City would not be liable once the certificate of completion was finished and the property was sold. Resolution 15-306 Approve Revised State / Municipal Agreement with Wisconsin Department of Transportation for Reconstruction of North Main Street from New York Avenue to Murdock Avenue Council Member Herman asked if citizens had been notified of the proposed reconstruction of North Main Street from New York Avenue to Murdock Avenue. Steve Gohde, Interim Director of Public Works, stated a letter was sent to property owners .►� PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 on North Main Street notifying them that the reconstruction project was a Department of Transportation (DOT) project which required temporary limited easements in order to complete the grading and sidewalk construction. He stated a couple of the properties would require permanent acquisition for easements or right of way for corners. He stated City staff was proceeding with the design of the project with the goal of starting construction in the spring of 2016. Council Member Herman asked if the City planned to move fonvard with the Fernau Avenue project. Mr. Gohde stated the City owned the land for the right-of-way for the proposed Fernau Avenue Project, however since the project was not eligible for federal funding it would be scheduled as a local project to be completed in the future. He stated the Fernau Avenue project was not included in the five year Capital Improvement Plan. Council Member Herman asked if the State would place special requirements on the City for the North Main Street Project since the project was considered a DOT project. Mr. Rohloff stated the DOT determined what were considered to be urban highways in Wisconsin cities. He stated since Main Street was considered an urban highway the street reconstruction project qualified for funding from the State. Resolution 15-307 Approval of Special Event - Life Promotions to utilize Sunnyview Exposition Center for their Lifest / July 9, 10, 11 & 12, 2015 Resolution 15-308 Approval of Special Event - Oshkosh Yacht Club to utilize Menominee Park for their Oshkosh Yacht Club Xtreme Regatta / July 13 & 14, 2015 Resolution 15-309 Approval of Special Event - Elks Lodge #292 to utilize Rainbow Park for their Oshkosh Elks Sheepshead Fishing Tournament / July 18, 2015 Resolution 15-310 Approval of Special Event - Jackie Dodd to utilize South Park for their Dodd / Harrington Wedding / July 18, 2015 Resolution 15-311 Approval of Special Event - Oshkosh Outlet Shoppes to utilize their Outlet Shoppes Parking Lot for their Back to School Concert / August 17, 2015 Resolution 15-312 Approval of Special Event - Solutions Recovery Club to utilize Menominee Park and city streets for their re:THINK Addiction Run- Walk / September 12, 2015 Resolution 15-313 Approval of Special Event - Deb Williston to utilize Riverside Park for the Schmitr Wedding Ceremony / October 3, 2015 3 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 Resolution 15-314 Approval of Amendment to Special Event — National MS Society — WI Chapter to utilize city sidewalks for their Walk MS; Oshkosh Event / September 20, 2015 Resolution 15-315 Approval of Block Party / FairFax Street between 1200 Block of Pheasant Creek Drive & 1200 block of Rebecca Run — September 19, 2015 Resolution 15-316 Approve Appointments for Board of Review & Long Range Finance Committee Resolution 15-317 Approve Special Class "B" License, Premise Transfer for Combination "Class B" License, Renewals, Taxicab Licenses, Operator Licenses & Taxi-Cab Driver Licenses MOTION: ADOPT CONSENT AGENDA (Clark; second, Panske) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 15-318 Approve Zone Changes from A-2 ETZ General Agricultural Extraterritorial Zoning to R-1ETZ Single Family Residential Extraterritorial Zoning & to A-1ETZ Light Agricultural Extraterritorial Zoning; 2700 Block of Clairville Road, South of West 20�h Avenue Town of Algoma FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-319 Approval of Parking Regulation Changes on Siewert Trail within Menominee Park East of Hazel Street to the Miller's Bay Parking Lot MOTON: SUSPEND THE RULES FOR CONSIDERATION (Herman; second, Clark) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings Council Member Herman made a motion to suspend the rules for consideration as the ordinance pertained to an ongoing problem occurring at Menominee Park. He stated the Parks Advisory Board voted unanimously to pass the ordinance. 4 PROCEEDINGS OF THE COMMON COUNCIL —./UNE 23, 2015 Resolution 15-320 Approve Resolution Directing Advertisement and Sale of Approximately $19,485,000 Aggregate Principal of General Obligation Corporate Purpose Bonds, Series 2015A, of the City of Oshkosh, Winnebago County, Wisconsin MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings Trena Larson, Finance Director, reported the market was encouraging for the City of Oshkosh and the bond sale had positive results. She stated the proposed advanced refunding resulted in significant savings for the City. Todd Taves from Ehlers & Associates stated regarding Resolution 15-320, the bonds were issued for four purposes: 1) Fund the balance of the Public Works Field Operations Facility; 2) Street improvements in the 2015 CIP; 3) Fire engine replacement; and 4) Refinancing the callable portions of the City's Series 2005A, 2007A, and 2008A bond issues. He stated the bonds received six bids and the winning bid was awarded to the R.W. Baird Corporation with a true interest rate of 2.77%. He stated the actual amount of the bonds the Council was being asked to authorize was $18,750,000.00, a reduction of $735,000.00 from what was originally authorized. He stated the refinancing of previous bond issues would save the City $718,660.00. He noted that $11,820,000.00 of the bond issue was strictly for refinancing and replacing existing debt. He stated regarding Resolution 15-321, the notes were issued for the remaining projects in the CIP that did not pertain to utility related projects. He stated the City received two bids on the notes and the winning bid was awarded to R.W. Baird Corporation with a true interest rate of 2.23%. He stated the actual amount of the notes the Council was being asked to authorize was $4,210,000.00, a reduction of $135,000.00. Council Member Pech asked if there was a change in the Moody's rating. Mr. Taves stated with respect to the factors that lead to the downgrade of the City's Moody rating approximately a year ago, there had been stabilization and improvement in those areas which was acknowledged during the rating call. He stated the rating analyst had noted the positive things occurring and although an upgrade in the City's credit rating might not be imminent, the rating service acknowledged that the City of Oshkosh had addressed the issues that led to the downgrade and that the progress was positive. Resolution 15-321 Approve Resolution Directing Advertisement and Sale of Approximately $4,345,000 Aggregate Principal Amount of General Obligation Promissory Notes, Series 2015B, of the City Of Oshkosh, Winnebago County Wisconsin MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 Resolution 15-322 Approval of Special Event - Ard�y & Ed's Drive In to utilize their Parking lot & Doty Street, South of 24` Avenue for their Cruise Night / June 25, July 30 & August 27, 2015 MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Clark, Allison-Aasby, Herman, Pech, Panske, Stepanek, Mayor Cummings Bert Hoppe and Kathy Hoppe, 2411 Doty Street addressed the Council together. Mr. Hoppe stated he felt the Cruise Night event had gotten too big in recent years and he had concerns regarding police and fire vehicles being able to get through to his house and also people parking in front of fire hydrants. He stated that his house was not assessable during the event due to participants standing in the portion of Doty Street that led to his home. He stated he felt there should be rules patrons of the event had to follow and that the rules should be enforced. Mrs. Hoppe stated that she would like formal enforcement of the event as she felt it was not her responsibility to call the police regarding safety issues. Steve Davis, 50 Victoria Court, organizer of the event, stated he felt that Mr. and Mrs. Hoppe made valid points. He stated he had tried to address their concerns, however he felt participant of the event should already know the laws on how to park on City streets. He stated he was open to ideas on how he could make the event better for everyone. Council Member Panske asked Mr. Davis if he had a registration process for the event or if there was a limit on how many cars could participate in the event. Mr. Davis stated he did not have a registration process or car limit for the Cruise Night event. He stated the amount of the participants varied on the weather or the time of the year. Council Member Panske asked if Mr. Davis hired security or had additional employees work on Cruise Night events. Mr. Davis stated he had a full staff working on Cruise Nights and that there was no security for the event. Council Member Panske asked if Mr. Davis would be willing to hire auxiliary police during Cruise Nights. Mr. Davis stated he was willing to hire auxiliary police during Cruise Nights. Council Member Pech asked if Mr. Davis was working with Sergeant Harris to come up with a safety plan to make Cruise Night work for all parties. Mr. Davis stated he was working with Sergeant Harris to come up with a safety plan for Cruise Night and that he felt the suggestions made by Sergeant Harris were reasonable. � PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 Council Member Herman asked if Ardy & Ed's Drive-In was the sole sponsor of the Cruise Night event. Mr. Davis replied that Ardy & Ed's Drive-In was the sole sponsor of the event, however the radio station WVBO emceed the event and provided entertainment from six o'clock until eight o'clock in the evening. He stated the hours for Cruise Night were from five o'clock until nine o'clock in the evening. Council Member Herman asked if WVBO put up their mascot or played loud music that might affect the neighbors. Mr. Davis stated that WVBO did put their mascot, Louie, weather permitting and that music was played during the event. Council Member Clark asked if Chief Greuel or Sergeant Harris had been to the site of the event and if the police department had any concerns about public safety vehicles being able to get through Doty Street on event nights. Scott Greuel, Chief of Police, stated he felt the complaints of residents in the area were reasonable and that the Oshkosh Police Department did follow up on their complaints. He stated Sergeant Harris had met with the business owner and the neighbors and that he felt they came up with a good plan to allow the event to take place and also address the safety concerns of the neighbors. Council Member Herman asked if Doty Street would be entirely blocked off on event nights. Chief Greuel stated police officers would not be staged at the event, however auxiliary police would monitor the intersection of 24�h Avenue and Doty Street; and the southern entrance to the parking lot of Ardy & Ed's Drive-In. Council Member Herman asked if the police department had received complaints about theft or damage to personal property during event nights. Chief Greuel stated to his knowledge, the police department had not received complaints about theft or damage to personal property during event nights. Mr. Hoppe asked if neighbors would receive a copy of the plan made by Sergeant Harris. Mr. Rohloff recommended that Mr. Hoppe contact Sergeant Harris for details on how the Cruise Nights will be conducted. Ms. Ubrig, stated she had a copy of the letter Sergeant Harris had given to the owners of Ardy & Ed's Drive-In outlining the details of the plan for Cruise Night events. 7 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 COUNCIL DISCUSSION, D/RECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A workshop would be held on July 14`h at 5:00 p.m. with the Sustainability Advisory Board to discuss current projects. Council Member Herman stated he may be late for the workshop due a previous meeting for the Traffic Review Advisory Board. CITIZEN STATEMENTS TO COUNCIL Kay Spanbauer, 8370 Tritt Road, Omro, Wisconsin, asked when Ordinance 15-318 would be voted on by Council. Ms. Lorenson, stated Ordinance 15-318 was a new ordinance which had to be read at two Council Meetings before it could be voted on. She explained Council would vote on the zone change at the July 14, 2015 Council Meeting. COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Council Member Herman reported the Oshkosh Police Department and the Parks Department were recognized at the Annual Donor Appreciation Recognition Ceremony put on by the Oshkosh Area Community Foundation. He stated the Police Department was recognized for the mobile command post and the Parks Department was recognized for their work with the inclusive park. Council Member Herman stated that council members were invited to attend an Oshkosh Giants baseball game with their families and asked that Council Members let the City Manager's Office know what date they chose to attend. Mayor Cummings stated the Mayors Breakfast was changed to Saturday, August 15, 2015 in order for the event to become more community oriented. He debuted the new logo for the Mayor's Breakfast. CITY MANAGER ANNOUNCEMENT AND STATEMENTS Mr. Rohloff provided the Council with the updated budget timeline and calendar. He stated the goal was to bring the budget to Council on October 13th. He stated the potential buyer for the former Pioneer Inn Property would begin clean up on the property after the Fourth of July weekend. Allen Davis, Director of Community Development, gave an overview of the City's property maintenance enforcement process. He stated the City had two code enforcement officers who generally worked by investigating complaints made by residents of the community. He stated property owners were notified of code violations by letter and depending on the type of code violation they were given seven to thirty days to correct the violation. He stated if the E:3 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 23, 2015 violations were not brought into compliance after the first notification, a second and, if necessary, a third notification was sent to the property owner. He stated with the second and third notices service charges were increased due to City staff having to retake photos and reinvestigate. If a property owner did not correct code violations after receiving the third correction notice, the City issued citations. Council Member Herman asked if the property maintenance code pertained to commercial properties. Mr. Davis stated the property maintenance code pertained to commercial and residential property owners. Council Member Herman felt the City should not only rely on citizens to report run down properties. He stated he feit the City should be more aggressive regarding property maintenance issues and code enforcement. MOTION: ADJOURN (Clark; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:05 p.m. PAMELA R. UBRIG CITY CLERK 0