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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J25,2013
UNE
REGULAR MEETING held Tuesday, June 25, 2013, at 6:00 p.min the Council Chambers,
.
City Hall.
Mayor Tower presided.
PRESENT: Council Members Steve Cummings, Tom Pech, Jr., Steven Herman, Kyle
Clark, Sean Fitzgerald and Mayor Burk Tower
EXCUSED: Deb Allison-Aasby
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.
Council Member Herman led the Pledge of Allegiance
PH
UBLIC EARING
th
Resolution 13-303 Approve Final Resolution Vacating Portion of West 7 Avenue, North
of Koeller Street
MOTON: ADOPT (Cummings; second, Pech)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
CSC
ITIZEN TATEMENTS TO OUNCIL
Patricia Diener, 1316 Broad Street, thanked the Police Department for increasing patrols in her
neighborhood.
Gary Gray, 815 W. Linwood Avenue, noticed that the dollar amount listed for a stormwater
project in the Capital Improvement Plan was more than the cost of the project and asked what
the City would do with the extra money.
Mr. Rohloff stated in reality there was not extra money; the City would just borrow less money
to pay for the stormwater project.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Receipt and Filing of Museum Minutes from May 2, 2013
Resolution 13-304 Approval of Change Order No. 2 for Public Works Contract No. 12-03
with Advance Construction, Inc. for Sawyer Creek Channel
Improvements from Koeller Street to Fox River (+$487,429.43)
Council Member Cummings asked what was involved with the resolution.
Mr. Patek explained the resolution involved dredging Sawyer Creek and hauling the
contaminated material to the landfill.
Resolution 13-305 Approve and Submit Wisconsin Department of Natural Resources 2012
Compliance Maintenance Annual Report / Wastewater Treatment Plant
Resolution 13-306 Grant Easements to Wisconsin Public Service at Central Garage
Property / 639 Witzel Avenue (Plan Commission Recommends
Approval)
Resolution 13-307 Approve Spot Blight Designation; Authorize Redevelopment Authority to
Accept Property at 1841 Jefferson Street (Redevelopment Authority
Recommends Approval)
Council Member Cummings asked if the City would have a say in what was built on the
property. He felt whatever was built on the property should match the existing architecture
of the neighborhood.
Community Development Director, Allen Davis replied once the City acquired the property it
could place conditions on the sale of property.
Resolution 13-308 Approve Determination of Necessity to Acquire Property at 113
West 8th Avenue; Authorize Redevelopment Authority to Acquire
Property in the Amount of $31,750.00 (Redevelopment Authority
Recommends Approval)
Resolution 13-309 Approve Phase III of Great Neighborhoods Capital Improvement
Programs Funding in the Amount of $111,000.00; Approve
Reallocation of $20,325.61 in Phase I and II Funds
Dick O’Day, 715 Hazel Street, felt the updates to Menominee Park were unnecessary,
particularly the George Washington Monument Square Improvements.
Resolution 13-310 Approve Development Agreement and Waiver of Special Assessment
Proceedings for Reconstruction of Westowne and Washburn
Intersection; Approve License Agreement for Construction and Use of
Driveway on Washburn – Kwik Trip
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Resolution 13-311 Authorize Borrowing from State Land Trust / Aviation Business
Park Site Development and Utility Extensions – Economic Development
Administration Grant Match
Gary Gray, 815 W. Linwood Avenue, was concerned about property taxes being raised due to
the creation of the aviation park.
Council Member Herman asked how the rates were determined when borrowing from the
State Land Trust.
Mr. Rohloff replied The State Land Trust was administered by the State of Wisconsin and
they determined what the rates would be at the time the funds were borrowed.
Council Member Herman asked how the timeline of the aviation park would be affected if
the City did not receive the grant.
Mr. Davis replied if the City did not receive the grant, the aviation park would have to be
completed in phases rather than all at once.
Resolution 13-312 Authorize Jurisdictional Offer for the Upgrade to the Public Works Field
rd
Operations Facility in the Amount of $80,000.00 (688 West 3 Avenue)
Resolution 13-313 Approve Professional Service Agreement to Update the City
Zoning Ordinance / Vandewalle and Associates Inc. ($110,000.00)
Gary Gray, 815 W. Linwood Avenue, asked how long it would take to update the City Zoning
Ordinance and if the comprehensive plan was included in the agreement.
Mr. Rohloff stated the resolution included only the update of the City Zoning Ordinance.
Mr. Davis, stated the update of the City Zoning Ordinance would take twelve to eighteen
months to complete.
Resolution 13-314 Approve Purchase of Road Salt for Winter 2013-2014 for the
Department of Public Works through WisDOT from Cargill, Inc.
($227,880.00)
Resolution 13-315 Approve Edward Byrne Memorial Justice Assistance Grant (JAG) for
Police Department in the amount of $25,079.00
Resolution 13-316 Approval of Block Party / Walnut Street between New York Avenue and
Short Street / August 3, 2013
Resolution 13-317 Approval of Special Event - Life Promotions to Utilize Winnebago
County Fairgrounds for Lifest / July 11, 12, 13 and 14, 2013
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Resolution 13-318 Approval of Special Event - UW-O Reach Counseling Services to Utilize
City Streets for their Fox Valley Take Back the Night / October 9, 2013
Resolution 13-319 Approve Special Class “B’ Licenses, Combination “Class B”
Licenses, Class “B” Fermented Malt License, Operator Licenses,
Taxi-Cab Driver Licenses and Taxi-Cab Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 13-309
(Pech; second, Clark)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Resolution 13-309 Approve Phase III of Great Neighborhoods Capital Improvement
Programs Funding in the Amount of $111,000.00; Approve
Reallocation of $20,325.61 in Phase I and II Funds
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Council Member Fitzgerald asked Parks Director, Ray Maurer to give an overview of the
resolution.
Mr. Maurer explained the Menominee Park Master Plan was approved in 2012 by the Parks
Advisory Board, the Plan Commission and the Common Council. The George Washington
Monument Square Improvements were included in the Menominee Park Master Plan and
also $1850.00 was allocated for the George Washington Monument Square Improvements
from the Great Neighborhoods Program.
ATOAR
CTION AKEN ON RDINANCES ND ESOLUTIONS
Ordinance 13-320 Approval of Parking Regulation Changes on Broad Street and
th
12 Avenue
FIRST READING; LAID OVER UNDER THE RULES
Patricia Diener, 1316 Broad Street, felt there should be no parking allowed on the railroad side
of Broad Street.
Resolution 13-321 Approval of Special Event -The Galleria & VFW Post 1908 to Utilize
Riverside Park for their Ya Gotta Regatta / July 26 and 27, 2013
MOTION: ADOPT (Herman; second, Pech)
MOTION: LAYOVER UNTIL JULY 9, 2013 MEETING (Pech; second, Cummings)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
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Chief Greuel was concerned there was too little information given to the Police Department
regarding Ya Gotta Regatta.
Mr. Maurer was concerned that since the Leach Amphitheater was not included in Ya Gotta
Regatta per the Special Event Application, that there would not be sufficient bathroom
facilities for the event.
Council Member Herman asked if the event was taking place in Riverside Park, why the
organizer asked to close Main Street between Parkway Avenue and Algoma Boulevard.
Chief Greuel stated he had not received any information on why the organizer asked to
close Main Street between Parkway Avenue and Algoma Boulevard. He also was
concerned about where the car show of the event would take place.
Dennis Payne, 145 N. Westhaven Drive, was the organizer of Ya Gotta Regatta. He stated
he would like to close a portion of Main Street for the car show to bring people into the
downtown area to boost business. He had been in contact with the Business Improvement
District (BID) to get list of the businesses he should contact regarding closing the street. He
stated the reason he did not include the Leach Amphitheater for the event was due to the
fact he wanted to scale down from the previous year’s event and he could not afford to rent
the Leach Amphitheater.
Council Member Fitzgerald asked if the downtown businesses had contacted Mr. Payne and
asked him to bring part of the event downtown.
Mr. Payne stated he had been in contact with the BID and a few businesses on Main Street.
Council Member Fitzgerald asked if Mr. Payne had provisions in place for bathroom
facilities.
Mr. Payne stated that Winnebago Liquid Waster would provide portable bathrooms and had
planned to ask the Parks Department if he could rent the west side bathrooms at the Leach
Amphitheater.
Council Member Herman asked why there was a need to close off the river walk.
Mr. Payne stated during last year’s event the riverwalk was kept open to the public which
gave the police problems.
Council Member Herman asked how the public would be notified if the Council approved the
closure of the riverwalk.
Mr. Maurer stated if the Council approved the closure of the riverwalk it was the event
organizers responsibility to provide fencing (including calling Diggers Hotline) and signage.
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Council Member Cummings was concerned there were too many loose ends with the Ya
Gotta Regatta event.
Council Member Pech suggested the Council layover their decision to approve the Ya Gotta
Regatta event until the July 9, 2013 Common Council Meeting to give City staff more time to
review information regarding the event.
Council Member Fitzgerald wanted written or verbal support from the BID regarding the
street closure for the Ya Gotta Regatta event.
Resolution 13-322 Approval of Annual City Licenses (Renewals)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Resolution 13-323 Approval of Combination “Class B” License (The Spot 25 & Older
Lounge - 2939 Jackson Street)
MOTION: ADOPT (Pech; second, Herman)
MOTION: LAYOVER TO JULY 23, 2013 COMMON COUNCIL MEETING AND
DIRECT CITY STAFF TO GIVE NOTICE OF NON RENEWAL IF AN
APPLICATION FOR TRANSFER OF THE LICENSE IS NOT
RECEIVED ON OR BEFORE JULY , 2013 ( Pech; second, Cummings)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Ms. Ubrig read into the record that resolution 13-323 was a hearing on the establishment
known as The Spot 25 & Older Lounge which was located at 2939 Jackson Street. At the
June 11, 2013 Common Council Meeting, Council gave direction that the City begin the
paperwork for intent to not renew the liquor license due to the business being closed since
the spring of 2012. Affidavits of intent for non renewal were mailed on June 14, 2013 by the
City Clerk to the following: Joshua Last, Robin Madrid, Russell Hassell, and Hassel Living
Trust.
Robin Madrid was the office manager for The Landmark Lounge, Incorporated, DBA The
Spot 25 & Older Lounge. She explained the business was in the process of being improved
and sold and the liquor license was crucial to the sale.
Council Member Herman asked if the establishment would be reopened.
Richard Knight, 931 Racine Street, Menasha, stated he was purchasing the property at
2939 Jackson Street and intended on making improvements and bringing the delinquent
property taxes and water bills up to date upon closing which was slated for July 15, 2013.
Council Member Fitzpatrick asked when the new establishment would open and what
improvements would be made to the property.
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Mr. Knight stated the new establishment would be a bar and grill and the improvements
included a new roof, siding, landscaping, and the parking lot would be resealed.
Council Member Pech asked when the improvements would be completed and the new
business would be operational.
Mr. Knight stated the new establishment would be operational by August 1, 2013.
Council Member Pech asked if any improvements needed to be made on the inside of the
property.
Mr. Knight stated the inside of the property was remodeled in 2010 with new heating and
cooling and a new kitchen. The only improvements needed on the inside were painting and
new signage.
Mayor Tower asked what role Mr. Knight had in the new establishment.
Mr. Knight explained he was part of the investment group that purchased the establishment.
Mark Riker would manage the establishment.
Mayor Tower asked who would own the business.
Mr. Knight stated the business would be titled under Tenth Street Investment Group.
Mayor Tower asked Mr. Riker how much experience he had in the restaurant business.
Mark Riker, 504 E. Forest Avenue, Neenah, stated he had been in the bar and food
business for twenty years.
Mayor Tower asked if there would be entertainment at the new establishment.
Mr. Riker replied there would not be entertainment at the new establishment.
Mayor Tower declared the hearing closed.
Council Member Pech proposed that the Council direct City staff to give notice of non
renewal of the liquor license if an application of transfer of the license was not received by
the City on or before July 1, 2013.
Resolution 13-324 Approval of Combination “Class B” License (Sister’s Pizza & Subs -
th
1009 W 9 Avenue)
MOTION: LAYOVER TO JULY 23, 2013 MEETING AND DIRECT STAFF TO
GIVE NOTICE OF NON-RENEWAL IF AN APPLICATION FOR
TRANSFER OF THE LICENSE IS NOT RECEIVED ON OR BEFORE
JULY 1, 2013 (Pech; second, Cummings)
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CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Steve Sosnoski, 1625 Maricopa Drive, stated the property taxes on his property were up to
date. He provided the Council with a letter from his Realtor regarding the sale of the
property.
Council Member Fitzgerald asked if there was a sense of how serious the prospective buyer
of the property was
Mr. Sosnoski replied an interested party from Madison had looked at the property three
times and requested an inventory of the equipment inside.
Mr. Sosnoski indicated he would like to transfer the liquor license for Sisters Pizza & Subs to
his other restaurant in Oshkosh until the sale of Sisters Pizza & Subs was completed. Once
Sisters Pizza & Subs was sold he would transfer the liquor license from his other restaurant
back to the property at 1009 W. Ninth Avenue.
Council Member Pech proposed that the Council direct City staff to give notice of non
renewal of the liquor license if an application of transfer of the license was not received by
the City on or before July 1, 2013.
Resolution 13-325 Approval of Combination “Class B” License (D & F Investments - 30
Wisconsin Street)
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (6) Pech, Herman, Clark, Fitzgerald, Cummings, Mayor Tower
Dennis Schwab, 601 Oregon Street, provided the Council with pictures of the proposed
interior and exterior improvements to the property located at 30 Wisconsin Street. He stated
the improvements should be completed and the new business open by later summer or
early fall.
Council Member Herman supported the resolution as he felt it was a good continued use of
the liquor license.
CD,DCM&FAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEM
A workshop on traffic flow to Central City would be held on July 9, 2013
A workshop on the 2014 Budget would be held on July 10, 2013
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements
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CMS
OUNCIL EMBER TATEMENTS
Council Member Pech announced that he and Council Member Cummings would be
participating in the dunk tank at the PresFest event on June 28 and 29, 2013 .
CMA&S
ITY ANAGER NNOUNCEMENTS TATEMENTS
Mr. Rohloff stated an agreement was made with CH2M Hill for engineering services for
assistance with preparing the Wisconsin Department of Natural Resources Air Emissions
Permit for the Wastewater Treatment Plant.
MOTION: ADJOURN (Cummings; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 7:26 p.m.
PAMELA R. UBRIG
DEPUTY CITY CLERK
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