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Home My WebLink About02. Council Minutes from July 14, 2015 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 14, 2015 OlHKO.IH ON THE WATER REGULAR MEETING held Tuesday, July 14, 2015, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Tom Pech, Jr., Caroline Panske, Benjamin Stepanek, Kyle Clark, and Mayor Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Dave Praska, Assistant City Attorney and Steve Gohde, Interim Director of Public Works Council Member Deb Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Council Member Deb Allison-Aasby CITIZEN STATEMENTS TO COUNCIL Bob Kujawa, 511 Tipperary Road, Brooklyn, Wisconsin, represented Oshkosh Sawdust Days and stated the organization preferred to have the 2016 fireworks display on Saturday, July 2nd. He stated the fireworks sponsor was in agreement with that date. PUBLIC HEARING Ordinance 15-323 Approve Official Mapping of Sawyer Creek Watershed; 2700 Block of Clairville Road Town of Algoma (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and Filing of Common Council Minutes from June 23, 2015. Approval of Cash Report from May 2015. Receipt of Claims filed with the City's Insurance Company: A) State Farm on behalf of Amy Moon for alleged damages from a water main break 1 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 Resolution 15-324 Approve Amendment to Engineering Services Agreement with Speedy Clean Drain and Sewer for Sanitary and Storm Sewer Main and Lateral Televising ($31,312.34) Resolution 15-325 Approve Conditional Use Permit; Planned Development for Wet Storm Water Detention Basin; West of 1015 South Washburn Street (Plan Commission Recommends Approval) Resolution 15-326 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for Construction Management for 9th and Washburn Area Detention Basin ($162,570.00) Resolution 15-327 Award Bid for Public Works Contract No. 15-01 to James Peterson Sons, Inc. for 9th and Washburn Area Detention Basin ($2,528,792.00) Resolution 15-328 Approve Setting Public Hearing Date to Vacate Portions of Western Drive, Bristol Drive, Square Lake Drive and Nielsen Drive All Within Bristol Square Subdivision (Plan Commission Recommends Approval) Resolution 15-329 Approve and Execute Relocation and Determination of Necessity to Acquire Property at Corner of North Main Street and New York Avenue and Accept Easements; Dedicate Street Right-of-Way North Main Street Reconstruction New York Avenue to Murdock Avenue (Plan Commission Recommends Approval) Resolution 15-330 Grant Privilege in Street; Adjacent to 1221 Knapp Street (Plan Commission Recommends Approval) Resolution 15-331 Approve Accepting Storm Sewer Easement at 150 North Campbell Road (Plan Commission Recommends Approval) Resolution 15-332 Approve Accepting Storm Sewer Easement at 525 and 1135 West 20th Avenue (Plan Commission Recommends Approval) Resolution 15-333 Approval of Special Event - Oshkosh Downtown BID — to utilize Main Street and side streets for their Downtown Sidewalk Sales / July 16, August 20 & September 17, 2015 Resolution 15-334 Approval of Special Event — Expansion Theory Productions to utilize Peabodys Parking Lot for their Oshkosh Main Street Music Festival Main Stage / July 31 and August 1, 2015 Resolution 15-335 Approval of Special Event - Winnebago County Fair Association to utilize Sunnyview Exposition Center for their Winnebago County Fair / August 4, 57 67 77 8 and 9, 2015 2 PCC–J14,2015 ROCEEDINGS OF THE OMMON OUNCIL ULY Resolution 15-336 Approval of Special Event - Boys and Girls Club to utilize 539 Broad Street for their National Night Out / August 4, 2015 Resolution 15-337 Approval of Special Event - Rock for Autism / Oshkosh Kiwanis to utilize Leach Amphitheater for their Wisconsin’s Rock for Autism / August 29, 2015 Resolution 15-338 Approval of Special Event - Lourdes Academy to utilize Guenther th Street and W. 5 Avenue for their Eucharistic Procession / September 3, 2015 Resolution 15-339 Approval of Special Event - Oakbrook Church to utilize city streets for their Babies for Heaven 5K Run - Walk / October 3, 2015 Resolution 15-340 Approval of Special Event – UW-Oshkosh to utilize city streets for their Fox Valley Take Back the Night / October 7, 2015 Resolution 15-341 Approval of Special Event - Lourdes Academy to utilize city streets for their Lourdes Academy Homecoming Parade / October 16, 2015 Resolution 15-342 Approval of Special Event - BID to utilize 400 and 500 Blocks of North Main Street for their Downtown Oshkosh Halloween Trick or Treat / October 28, 2015 Resolution 15-343 Approval of Block Party / Walnut Street between West New York WITHDRAWN BY APPLICANT Avenue & Short – July 25, 2015 Resolution 15-344 Approval of Block Party / Plummer Street between South Park Avenue and Florida Avenue – August 4, 2015 th Resolution 15-345 Approval of Block Party / W. 5 Avenue between Knapp Street and Idaho Street – August 4, 2015 Resolution 15-346 Approve Appointments for the following: Library Board, Redevelopment Authority, Transit Advisory Board and Housing Authority Resolution 15-347 Approve Special Class “B” Licenses, Combination “Class B” License, Class “A” Fermented Malt License, Operator Licenses and Taxi-Cab Driver License MOTION: ADOPT CONSENT AGENDA (Clark; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark, Mayor Cummings 3 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 Resolution 15-336 Approval of Special Event - Boys and Girls Club to utilize 539 Broad Street for their National Night Out/August 4, 2015 Resolution 15-337 Approval of Special Event - Rock for Autism / Oshkosh Kiwanis to utilize Leach Amphitheater for their Wisconsin's Rock for Autism / August 29, 2015 Resolution 15-338 Approval of Special Event - Lourdes Academy to utilize Guenther Street and W. 5t" Avenue for their Eucharistic Procession / September 3, 2015 Resolution 15-339 Approval of Special Event - Oakbrook Church to utilize city streets for their Babies for Heaven 5K Run -Walk/ October 3, 2015 Resolution 15-340 Approval of Special Event— UW-Oshkosh to utilize city streets for their Fox Valley Take Back the Night/ October 7, 2015 Resolution 15-341 Approval of Special Event - Lourdes Academy to utilize city streets for their Lourdes Academy Homecoming Parade / October 16, 2015 Resolution 15-342 Approval of Special Event - BID to utilize 400 and 500 Blocks of North Main Street for their Downtown Oshkosh Halloween Trick or Treat/ October 28, 2015 Resolution 1 -5,_3/13 Approval of RlnGk Party / Walnut Street between \A/est 1 eve Y--O* °von„° & Shert Iuly 25 2015 WITHDRAWN BY APPLICANT Resolution 15-344 Approval of Block Party / Plummer Street between South Park Avenue and Florida Avenue —August 4, 2015 Resolution 15-345 Approval of Block Party / W. 5t" Avenue between Knapp Street and Idaho Street—August 4, 2015 Resolution 15-346 Approve Appointments for the following: Library Board, Redevelopment Authority, Transit Advisory Board and Housing Authority Resolution 15-347 Approve Special Class "B" Licenses, Combination "Class B" License, Class "A" Fermented Malt License, Operator Licenses and Taxi-Cab Driver License MOTION: ADOPT CONSENT AGENDA (Clark; second, Peck) CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark, Mayor Cummings 3 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 15-348 Approve Zone Changes from A-2 ETZ General Agricultural Extraterritorial Zoning to R-1 ETZ Single Family Residential Extraterritorial Zoning and to A-1 ETZ Light Agricultural Extraterritorial Zoning; 2700 Block of Clairville Road, South of West 20th Avenue Town of Algoma MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark, Mayor Cummings Ordinance 15-349 Repeal and Recreate a Portion of the Streets and Sidewalks Ordinance / Section 25-23 Street to Remain Open to Traffic during Course of Excavation FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-350 Amend Municipal Ordinances Related to License Investigation and Approval, the Granting and Issuance of Alcohol Beverage Licenses FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-351 Amend Chapter 8 Hotel and Motel Room Tax Ordinance to Reallocate Room Tax Distribution, Continuing 2% of the Room Tax Dedicated to Convention Center Debt Retirement and Amending the Timing of Payments of Hotel and Motel Room Tax FIRST READING; LAID OVER UNDER THE RULES Resolution 15-352 Authorize Grant Application to Wisconsin Economic Development Corporation and Authorize Agreement for Grant Administration with FirstMerit Bank and Martin Cowie for Demolition at 1118 South Main Street (Former Buckstaff Property) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark, Mayor Cummings Mayor Cummings asked for an explanation of the resolution. Allen Davis, Director of Community Development, stated both the City and the Redevelopment Authority (RDA) would submit applications for a grant to help fund the demolition and site clean-up of the former Buckstaff property. Mayor Cummings asked when the buildings on the site would be demolished. 4 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 Mr. Davis stated he was optimistic that the grant applications would be approved this summer and deconstruction could begin by the end of the year. He was hopeful the City could apply for additional grant funding through the EPA to help with additional clean-up of the site in 2016; and the buildings that were above grade would be taken down by the end of the year. Mr. Rohloff stated the City was still waiting for a settlement with the former Buckstaff property and the concrete slab would not be part of the initial demolition. He stated the RDA would declare the site blighted and would separately apply for a grant to help in the clean-up of the property. Council Member Pech recognized City staff for their diligence in reaching a settlement to enable the City to move forward with the former Buckstaff property. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A budget workshop would be held on July 22nd at 5:00 p.m. Mr. Rohloff stated the City needed to set a date for the 2016 Festival Foods Fireworks Show and that Festival Foods had contacted him stating they were comfortable with whatever date the City chose. He explained it would be more cost effective to hold the 2016 fireworks show on Saturday, July 2nd as the City would pay its' staff time and a half versus double time if the fireworks were held on the actual July 4t" holiday. He stated more people would attend the fireworks display on Saturday, July 2nd rather than on Monday, July 4th; and in case of inclement weather, the fireworks could be held on Sunday, July 3rd instead of Tuesday, July 5t" which would cause logistic issues as the Sawdust Days vendors would be taking down and moving out of the park. Council Member Herman asked if the 4t" of July Parade would still be held on July 4tn Mr. Rohloff stated the 4t" of July Parade would still be held on the actual day; only the fireworks display was proposed to be held on Saturday, July 2, 2016. Mayor Cummings stated he believed in the traditional celebration of the July 4t" Holiday and did not support moving the fireworks to Saturday, July 2nd in 2016. Council Member Panske stated she preferred the fireworks display to be on July 4 th Council Member Allison-Aasby stated she preferred the fireworks display to be on July 4 th Council Member Pech stated he preferred the fireworks display to be on July 4 th Council Member Clark stated he did not have a strong opinion either way regarding what day the fireworks were held and that he supported the will of the citizens of Oshkosh. 5 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 Council Member Herman asked Mr. Kujawa if it would change the logistics of the Sawdust Days vendors if the fireworks were held on Monday, July 4t" Mr. Kujawa stated the last day of Sawdust Days in 2016 would be Monday, July 4t" and that the hours of operation for the last day were noon until 8:00 p.m. He stated if the Council decided to hold the 2016 fireworks display on Monday, July 4t", Sawdust Days would change their vendor contract hours for the last day to be noon until 11:00 p.m. He stated whether Sawdust Days ended at 8:00 p.m. or 11:00 p.m. most vendors packed up and moved out that evening. Council Member Herman asked if there would be an issue with the Parks Department if Sawdust Days vendors were packing up and moving while people were coming to the park to watch the fireworks. Ray Maurer, Parks Director, stated every year at Sawdust Days vendors packed up during the fireworks display. He stated his concern was if there was a rainout on July 4t" and the fireworks were postponed until July 5t", Sawdust Days organizers would be cleaning up the park and the remaining vendors would be packing up while people were coming to the park to watch the fireworks. He stated if the fireworks were postponed to July 5t" due to inclement weather, the Parks Department would be responsible for the park clean-up on July 6t" Council Member Panske asked if the fireworks display could be held after Sawdust Days ended. Mr. Rohloff stated the two entities were separate and that the fireworks display could be held after Sawdust Days had ended. Council Member Clark read from an email the date of past fireworks displays which indicated they were not all performed on the actual 4t" of July date. Mayor Cummings asked if the Council needed to vote for what day the fireworks display would be held in 2016. Mr. Rohloff stated he would take the consensus of the Council as to what day the fireworks display would be held due to the contract for the fireworks show not having to go before Council for approval. He stated he heard four council members who preferred the fireworks display be held on Monday, July 4t" and indicated that would be the set date for the 2016 fireworks display. Council Member Stepanek requested that the City of Oshkosh Fair Housing Code be updated to include the following protected classes: sexual orientation, status as a victim of domestic abuse, sexual assault, stalking, lawful source of income, age, and gender identity. Mr. Rohloff stated he would place Council Member Stepanek"s request on the agenda for discussion and explained as required by the Community Development Block Grant 6 PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015 Program the City had an Equal Opportunity Housing Commission which met only by complaint basis. He stated the commission had not met for at least fifteen years. He stated he would get clarification on whether the City fell under the current federal fair housing code. Mayor Cummings stated as a Realtor, he had to follow the federal guidelines pertaining to fair housing and that there were twelve protected classes. Council Member Clark stated he felt with the recent federal changes to marriage law, it would be a good idea for the City to update its' fair housing code. Council Member Pech requested that the City Manager research the federal fair housing code and forward his findings onto the Council. Council Member Herman suggested if the fair housing code was changed it should be written so as future changes adopted at the state or federal level would automatically be adopted at the municipal level. Council Member Stepanek stated he was not sure if gender identity was included as a protected class in the federal fair housing code and requested that gender identity be included in the City's fair housing code as a protected class. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS Council Member Herman reported there was a large turnout for the 4t" of July parade and felt the parade organizers should consider using the same route for future parades. Mayor Cummings stated he felt the route for the 2015 4t" of July Parade was more safe for parade goers. CITY MANAGER ANNOUNCEMENT AND STATEMENTS Mr. Rohloff stated he had nothing new to report. MOTION: ADJOURN (Panske; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 6:44 p.m. PAMELA R. UBRIG CITY CLERK 7