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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, June 24, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri, Burk Tower, Dennis McHugh and Mayor Frank Tower. ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and David Patek, Director of Public Works. Council Member Esslinger read the Invocation and led the Pledge of Allegiance. Mayor Tower explained that the City received a United States Flag that was flown by Major Michael Hert, United Stated Army, over the U.S. Embassy in Baghdad, Iraq in the City of Oshkosh's Honor during Operation Iraqi Freedom 2007-2008. License Hearing Resolution 08-212 Approve Combination "Class B" License /Pioneer Restaurant MOTION: ADOPT (Bain; second, McHugh) LOST: Noes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Present (1) Esslinger MOTION: ADOPT FINDINGS OF FACT, CONCLUSION OF LAW AND DETERMINATION OF THE COUNCIL (Bain; second, Tower) CARRIED: Ayes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Present (1) Esslinger Mayor Tower explained the license hearing proceeding. Jeff Keierleber, license holder was sworn in by the City Clerk. Jeff Keierleber, N19W241 Riverwood Drive, Waukesha, President of Decade Properties, the management company that controls the property and liquor license. He explained the problems that had occurred after the demolition of the property and the real estate business was not in high demand. He stated that having the license was an asset to marketing the property and at this time there was no confirmed plans for the development. He stated that the written agreement with the DNR was finalized in the summer of last year. He stated that the plans were designed and had been approved and last year it would have been completed until it fell through and he was not sure if the City officially had ever been made aware of the plan change. He 1 stated that the property's grass was maintained and there was no graffiti on the outside Proceedings of the Common Council -June 24, 2008 anywhere. He explained if he had a plan for the property, he would move forward. He stated he was not disputing the license had not been used for an excesive period of one year. Deputy Mayor Bain questioned when the written agreement with the DNR was finalized. He questioned why the Council had been told in 2007 the development was going to happen, but the buyer came forward in January of 2008 and if that was presumptuous to say that it was going to happen. Council Member Tower stated that in 2007 Council was told that the development was going to happen and it did not happen. He questioned when the City had been aware of the change in plans. He questioned if Council could hold a license or if the license had to be distributed. Council Member Palmeri questioned if there were plans to make the property less of an eye sore. Mayor Tower stated that the license had not been used since November of 2005. Public Hearing The Mayor ordered the following Public Hearing: Ordinance 08-213 Approve Zone Change / 2402 Jackson Street and Adjacent Vacant Lot on Bacon Street There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the June 6t"; 7t" and 10t", 2008 meetings were approved as presented. The Report of the Acting City Manager was read. The bills were presented in the amount of $9,640,318.17. The report of the City Clerk was read. Resolution 08-214 Grant Conditional Use Permits; Approve Planned Development: A) 126 West 6th Avenue, 102 West 5th Avenue and 501 South Main Street B) 2127 Jackson Street Resolution 08-215 Approve Sidewalk Program Resolution 08-216 Approve and Submit Compliance Maintenance Annual Report 2 Proceedings of the Common Council -June 24, 2008 Council Member Palmeri questioned the date listed for the last update. He questioned if there had been any lift station failures during the flooding. He stated that the sanitary sewer overflow occurrences on 2007 was 0 and questioned if that was going to change for 2008 as a result of the flooding. He stated that in 2007 there had been 19 basement backup occurrences and stated that this would be higher next report. Mr. Brand, Superintendent of Utilities, stated that the report was for 2007. He stated there were few high water alarm events recorded, a couple of pump common failures but no problems at the stations. He stated that currently there was no reports of sanitary sewer overflow. He explained that of 59 complaints only 19 were on the City's side and that they were normally due to sewer blockage. Resolution 08-217 Approve Proposal for Engineering Services Utility Relocation -Highway 41/Highway 21 (Gremmer Associates, Incorporated, $38,000.00) Council Member McHugh questioned if the City should hire a full time engineer rather than pay the cost for an engineering service to draw up plans and if there was enough work to keep that person busy the entire year. He questioned why the City was paying to have the work done if it had already been done for the Department of Transportation and if Gremmer and Associates were employed by the Department of Transportation. Mr. Patek stated that Gremmer Associates was recommended due to they had done the work for the Department of Transportation previously and to hire someone that was not working with the Department of Transportation would cost more. He stated Gremmer and Associates was a consultant and not employed of the Department of Transportation. Resolution 08-218 Affirm Declaration of Emergency Resolution 08-219 Affirm Declaration of Emergency No Wake Zone of Fox River Resolution 08-220 Award Bid /Cleaning Digester at Wastewater Treatment Plant (Synagro Central LLC, $35,200.00) Resolution 08-221 Award Bid /Red Arrow Skate Park Project (Flour Brothers Construction, $206,450.00) Council Member Tower stated that he was pleased with the project. He stated that previously there was a group that donated $40,000 and there was not $40,000 listed for donations. Council Member McHugh questioned if the money from Capital Improvement Projects not used could be carried over from year to year with no scrutiny from the Council as to how it got put back in the budget. He questioned the $110,000 that had been in the CIP two years ago and now the amount is $206,000 for the same project. He stated the use of the Stan Hilbert Trust Fund for maintenance was not his choice on how to use those funds. 3 Mr. Stephany, Parks Director stated that the group was mainly skaters with little or no background in fund raising; but they had secured a $5,000 grant from the Tony Hawk foundation. He stated that there was a donor to cover the remaining cost and there had been $50, 000 i n Proceedings of the Common Council -June 24, 2008 private donations. He explained there had been $70,000 budgeted in a previous CIP with the intent to replace the floor however after speaking to skaters and looking at the park it had been decided to improve all of it and so the money was going to be put towards that. He stated that the trust fund was no longer going to be used due to the fact there was a donor. Resolution 08-222 Approve Memorandum of Understanding /Banker's Service Corporation / Park Plaza Parking Ramp Council Member Palmeri questioned the City giving up the parking ramp and doing $96,000 of maintenance or if it was in the City's interest to maintain control of the ramp due to the fact there could be a heavier flow of traffic after the river walk project was developed. Council Member McHugh questioned once the parking ramp was transferred to the hotel if it was then taxable income and if all of the legal ramifications had been taken care of. He stated that the hotel had not agreed to the proposal. Council Member Esslinger questioned who determined the $96,000 amount and what the issues were. Council Member King questioned who owned the land under the parking ramp and if that entity would then hold the ground lease. Ms. Lorenson stated that under the prior agreement the City had the maintenance responsibility. She explained the $96,000 was for maintenance that had been deferred that was the City's responsibility. She stated that since the ramp was not used for general parking the City was looking to clear all responsibility from their end. She stated the transfer was for the lease rights not ownership and the assessor's office had indicated that the assessment would not change due to the ramp had already been included with the assessment of the hotel. She stated the difference was between what rights the City had as to the rights of the hotel and this would resolve that issue. Mr. Kinney stated that the parking ramp was for the hotel and there were parking lots to use in the downtown for the river walk users. He explained the parking from those using the river walk would be dispersed in various locations. He stated it was a report that Banker's Bank had done with Karl Walker and Associates and in 2003 the City had a report done and it was $70,000. He stated that the City Centre owns the land under the parking ramp and they would have ground rights lease. Resolution 08-223 Disallow Claim / Wright Resolution 08-224 Approve Miscellaneous Licenses 4 MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 08-214A; 08-221 AND 08-222 (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Proceedings of the Common Council -June 24, 2008 Resolution 08-214AGrant Conditional Use Permits; Approve Planned Development: 126 West 6th Avenue, 102 West 5th Avenue and 501 South Main Street MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, Palmeri, Tower, McHugh, Mayor Tower; Present (2) Esslinger, King Council Member Esslinger stated that he would vote present due to the applicant was a client. Council Member King stated that she would vote present due to the applicant was a client. Resolution 08-221 Award Bid /Red Arrow Skate Park Project MOTION: ADOPT (Esslinger; second, Bain) CARRIED Ayes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Noes (1) Esslinger Resolution 08-222 Approve Memorandum of Understanding /Banker's Service Corporation / Park Plaza Parking Ramp MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Bain, King, Tower, McHugh, Mayor Tower; Noes (1) Palmeri Council Member Palmeri state he would vote against the resolution due to the fact the hotel should make future repairs and that it required more discussion. Council Member Esslinger stated that he would support the resolution. Council Member King stated ownership needed to be established for the hotel's future possible sale and thought it was best to make the repairs with the cost total of $96,000. Council Member McHugh stated that parking ramps are maintenance nightmares and he would supporting the resolution. Action Taken on Ordinances and Resolutions Ordinance 08-225 Approve Zone Change / 2030 Algoma Boulevard MOTION: ADOPT (Esslinger; second, Tower) 5 CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Ordinance 08-226 Approve Zone Change /North Side of West 6t" Avenue, between Oregon Street & South Main Street MOTION: ADOPT: (Esslinger; second, Tower) CARRIED: Ayes (5) Bain, Palmeri, Tower, McHugh, Mayor Tower; Present (2) Esslinger, King Proceedings of the Common Council -June 24, 2008 Council Member Esslinger stated that he would vote present due to the applicant was a client. Council Member King stated that she would vote present duet to the applicant was a client. Ordinance 08-227 Approve Voluntary Delayed Attachment / Schrage MOTION: ADOPT (Esslinger; second, McHugh) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Ordinance 08-228 Approve Traffic Regulations There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Resolution 08-229 Rescind Property Taxes -Eagles Club/Studio Hall MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Resolution 08-230 Disallow Claim /Young MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND RESOLUTION TO ALLOW THE CLAIM (Esslinger; second, Palmeri) CARRIED: Ayes (4) Esslinger, Palmeri, McHugh, Mayor Tower; Noes (3) Bain, King, Tower MOTION: PROPERTY OWNER TO SUBMIT BILLS AND STAFF VERIFY (Esslinger) WITHDRAWN MOTION: AMEND TO ALLOW $14,335.00 TO BE PAID (Esslinger; second, McHugh) CARRIED: Ayes (4) Esslinger, Palmeri, McHugh, Mayor Tower; Noes (3) Bain, King, Tower VOTE ON RESOLUTION AS AMENDED: 6 CARRIED: Ayes (4) Esslinger, Palmeri, McHugh, Mayor Tower; Noes (3) Bain, King, Tower Rene Young, 501 Otter Avenue, filed a claim and stated since the house was razed there had been problems with leaking in the pipes and clogging once or twice a year. She stated that her parents had owned the house prior to herself and there was no documentation kept of other plumbers work on the property. She stated that they had to take loans and payouts from credit card to pay for the work. She stated that the total amount requested was $14,335.00. She stated that during a phone conversation with an employee from the water department, she was told they had been to her property six years ago. Proceedings of the Common Council -June 24, 2008 Walter Callies, 3871 Summerset Way, master plumber for Roto Rooter, stated that problems occurred after the new water service was connected to three properties, there had been a patch over the pipe and a backward pitch was put in. He stated that the last people in the trench had been the City of Oshkosh. He stated that the first problem occurred in 2004 with the property at 505 Otter Avenue; the sewer backed up into the basement and the plumber inspector for the City noticed at that time that the City main had a direct connection to Rene Young's sewer. He stated that at time orders had been given to disconnect and make an independent connection on Otter Avenue with his own lateral. He explained before that the house had been raised and it had been noticed that there was a connection that this house also was connected to Young's sewer, however that sewer was capped off when the house was razed. He explained due to the fact that the pipe was eight inches was the reason it had taken so long for problems to result and if all three properties would have remained connected the problems would have started much earlier. He stated that his belief was that the City was the last to be on the property and John Meyer did not do any work in the right of way. He stated someone from the street department was sent to look at the property and said nothing. He stated that he was unable to figure out why a sewer had not been tapped. He explained the work performed by the company hired to fix the problem. Council Member McHugh questioned what damaged the eight inch pipe, an impact or natural decay. He questioned who were the last people in the trench and if the City was able to check to see if permits had been taken out and verify if any other plumbers or business had been in the trench. He questioned when the problems started with the leaks, and when a new lateral was put in, who made the connection and if the plumbers were allowed to connect onto the City's water lines. Council Member King stated that from 2002 to 2008 there had to be documentation of other plumbers on the property and questioned if other plumbers had been doing work since 2002. She stated that the pipe had settled after repairs and was able to use only 25% of the pipe rather than 100%. She requested Mr. Callies to show how the pipes had been connected prior to being capped off. She questioned when the original piping had been put in and if the pipe settling had any cause for the problems in this case. She stated that she was comfortable voting the resolution down and should wait for the claim to be properly filed with receipts and a dollar amount. She questioned if Young's were able to add receipts and submit claim again. She stated that the Council had now taken on a Cause of Judicial role for determining facts. She stated that due to prior property owners and no facts as to how many contractors had done work or if a City employee had done the work, the City was setting a precedent by allowing the claim. 7 Council Member Esslinger stated that there had been no problems prior to the City doing work and then Mr. Callies fixed the problem and there have been no issues since. He stated that in this case he was disappointed and if the City was liable, the claim should be paid for by the City. He questioned if there was a problem waiting two weeks for payment, if allowed. Council Member Tower questioned the amount of money requested by the property owner. He questioned what the view from Public Works was and if anyone from the City was sent to look at the damage when the hole was dug. He stated that the amount should be decided after receipts had been submitted. He stated that there was no point in bringing disallowed claims before the Council if the Council was going to always go along with the insurance company. Proceedings of the Common Council -June 24, 2008 Deputy Mayor Bain questioned the procedure for excavating if there had been a permit issued for work performed on April 17, 2008. He stated that he was opposed the allowing the claim due to the fact that there was no proof that the City was negligent and Council had created a precedent by allowing the claim. Mayor Tower questioned if the claim was allowed, what would the process be to decide on the amount. He stated that the Council could allow two weeks for the property owner to submit receipts in the amount of $14,000, and it would come back to Council to approve the amount. Council Member Palmeri stated that there seemed to be a dispute about facts and so credibility was taken into consideration and therefore he would vote to allow the claim. Ms. Lorenson stated that if the claim was allowed the City would pay for the damages due to the fact that the insurance company had already denied the claim. She stated that the information with the claim had no dollar amount included and if the claim was allowed a dollar amount needed to be established. She stated if allowed Council would have to state the amount allowed. She explained there would need to be two votes, one to amend to allow the claim and one to specify the amount. Mr. Patek explained that in 1989 the property at 505 Otter Avenue installed a 1"water service and there was no other documentation found since 1988 that the City had done any service. He stated that in 2002 there had been a permit issued to John Meyer Plumbing for the building that was demolished and the City would have been to the property to inspect that the workwas being done correctly by John Meyer Plumbing. He stated that he did not have the information on when the service for the three homes was put in. He explained one sewer had been from the 1930's and that was the lateral that their sewer was connected to. He stated that plumbers need to get a permit from the water utility and then the water department would do the tap. He stated the plumber would be the one to dig on the property. He stated Mr. Callies had been a City Inspector and knew the procedure and that the Inspection office was to be called not the street department. He stated that there was a permit taken out for repairs to repair the sewer lateral and an inspection work card issued to Mr. Rooter with additional notes on the work to be performed and was dated February 7, 2008. Resolution 08-231 Approve Combination "Class B" License /Fox River Pizza and Buffet 8 MOTION: ADOPT (Bain; second, Tower) MOTION: AMEND THAT THE LICENSE BE GRANTED WITH A CONDITION THAT IT BE USED WITHIN THE MARION ROAD / PEARL AVENUE REDEVELOPMENT (Bain; second, McHugh) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Proceedings of the Common Council -June 24, 2008 Jay Supple, 1621 Congress Avenue, stated that the liquor license was crucial for the waterfront property and he supported the idea that the license be used at the project development on Marion Road/Pearl Avenue. He stated that there would be a good indication within two months if the development would take place or not. He stated that if the waterfront project does not happen before next year he would not be on the project. He explained that the Star Report stated the most successful were the limited service hotels and that was what the water front hotel would be. He stated that for all of the events happening in the community use limited hotel space and the City loses business during the evening hours. He stated that his company does not build for major events but for occupancy all year round. Lois Luebke, 619 Division Street stated that the liquor license should not be renewed. Council Member Palmeri questioned if the project would not go through when would the Council be notified. He stated that the developers could come before Council next year requesting to hold onto the license. He questioned the views from the Star Report and what happens to hotels during the remainder of the year when events were not happening. He questioned the designated use of the permit to a specific area and if it would be allowed to be used at another site and if it was transferable. He stated that he received calls or emails from constituents stating that the license was similar to the Pioneer Inn license. He explained the difference was Mr. Supple was local with a strong track record and he would support the renewal. Council Member Esslinger stated that he would vote to grant the license. Council Member Tower stated that he was in support and that this situation was different than the Pioneer Inn. Mayor Tower explained that if the development did not happen that the license would not be used at any other location; if Mr. Supple wanted to hold on to the license he would have to bring if back to Council during the renewal process. Ms. Lorenson stated that it was to be used at the designated area. Ms. Ubrig stated that if the development was not going to be completed Mr. Supple could surrender the license to another applicant and then be brought to Council for approval. 9 Resolution 08-232 Approval of Industrial Development Revenue Bond Financing by the Town of Nekimi (EAA) MOTION: ADOPT (Esslinger, second, Bain) CARRIED: Ayes (6) Esslinger, Bain, King, Palmeri, Tower, McHugh; Present (1) Mayor Tower Council Member Palmeri questioned if Council approved the resolution, they were not approving the project. Ms. Lorenson stated that it was a requirement by the IRS to have a public hearing and approve the issuance of bonds. She stated that the project crossed jurisdictional boundaries it was required for all jurisdictions affected to have a hearing for approval. Proceedings of the Common Council -June 24, 2008 Resolution 08-233 WITHDRAWN Resolution 08-234 Authorize and Direct Sale of Property Located at 120 Jackson Street to the Oshkosh Chamber Of Commerce MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Bain, King, Tower, McHugh, Mayor Tower; Noes (1) Palmeri Lois Luebke, 619 Division Street, stated that she was against the resolution. Council Member Esslinger stated that he was hopeful the tax payers had relief knowing that tax payer money was not used to purchase the building. He questioned if the City had plans to put a road through that section of land and that potential buyers would need to know that a road was not going to happen. He stated that he would like a resolution brought to the next meeting to amend the CIP. Council Member King recognized Mr. Esslinger for his work on the resolution. Council Member Tower questioned the payments made currently and the payments that would be made after the land was given. Council Member Palmeri stated that the process had been driven by the Akcess group and he had wanted a genuine plan B, therefore he was not in support of the resolution. Mayor Tower stated that the property in question was given to the City. Mr. Patek stated that the proposed road was in the CIP for 2012, in the amount of $250,000. Mrs. Steeno, Finance Director stated that the approximate payment was $2,054, and was based on the value of the land and the tax rate. She stated that rather than paying the lease payment equal to the tax payment they would pay the tax payment. 10 Citizen Statements Dan Rylance, 602 E Parkway Avenue, stated that there would be a reading of the Declaration of Independence at the Library July 4, 2008 at 8 a.m. and 2008 was the 232"d anniversary of the Declaration of Independence from England. He thanked Mayor Tower for doing the reading and encouraged all to attend. Lois Luebke, 619 Division Street, shared photos of different properties in the City that needed improvements. Wayne Alexander, 1585 Maricopa Drive, stated he was against the retention ponds. He explained that if the ponds had been in, they would have overflowed during the recent rains and the flooding would have been worse. He questioned if the ponds were in and had overflowed, if the City was prepared to cover the damage to homes. He encouraged Council to consider other Proceedings of the Common Council -June 24, 2008 properties. He also urged the Council not to use tax payer dollars to purchase the golf course for more than it was worth. Jean Netzel, 2530 Village Lane, representing the condo association, urged Council to consider alternate solutions to the retention ponds. She stated that she had concerns about the draw of attention the ponds would bring to children. She stated that she would like to see documentation showing facts that retention ponds work. Jerry Keys, 1785 Maricopa Drive, stated that the City should not be in the real estate business and that ponds were an attractive nuisance under the law. He stated that the downtown area had deteriorated badly over the years and taxes continue to go up while the services go down. He stated that Oshkosh had the best natural resources of the surrounding area and the appearance was sad. He stated that the golf course was a lousy plan and would like other alternatives looked at. Frank Zuern, 1040 Maricopa Drive, explained some previous plans the City had forflooding. He stated that in the past there had been lack of visionary and urged the Council not to repeat mistakes. Mary Jane Drexler, 1525 Maricopa Drive, stated that she was opposed to the retention ponds on the golf course and urged Council to consider alternate solutions. She stated that she had consulted with a federal flood control engineer through EAA and was told that the ponds would not work. She reminded Council of the list of questions she distributed and requested the answers be completed and returned. Chuck Hertel, 1335 Maricopa Drive, stated that the water retention plan was not a great idea due to the fact the golf course was affected by covenants that affect the surrounding neighborhoods. The covenants state the property shall only be used for a golf course or park purposes. He stated that the covenants in the fifth addition were to expire in June of 2009 and 94/126 residents signed to make amendments to the covenants and in the 7t" addition, covenants were to expire in 2022 and 41/55 residents signed to make amendments to the covenants. He explained the majority in both additions had amended to read the property shall 11 be used for golf course or park purposes and not retention ponds. He stated that the City could disregard the covenants; however, when the City undoes the covenant, the lot owner had an eminent domain claim itself and there would be 186 properties protected by the covenant therefore there would be 186 law suits against the City. He stated that there was a one week time frame to receive signatures and some residents were ill or not available to sign. He explained that if a municipality causes depreciation on property the property owner is entitled tojust compensation. He stated that as a resident he would accept the City to incorporate ponds on the course as long as the plan maintained the basic character of the golf course; however, he was not speaking for all residents. Council Member Palmeri questioned the reasons that some property owners had not signed. He stated that he had received calls and emails from some residents that were in favor of the retention ponds. Council Member Esslinger requested the process of the 186 potential law suits. He stated that the City would have to hire additional staff to attend court hearings for each one of the cases. Proceedings of the Common Council -June 24, 2008 He stated that an alternative was to incorporate retention ponds with the golf course and questioned if residents were accepting of that plan. Don Knepel, 1345 Candlelight Court, stated that he had purchased a premium lot at a premium cost to be on a golf course and retention ponds would depreciate his property between $30- $50,000 and his assessment would not go down. He stated that he had walked on some trails and was disappointed with the lack of maintenance to the property. Dan Luebke, 1837 Olive Street, questioned if there were discussions to have the retention ponds where Sawyer Creek starts or dredging. Charlie Pawloski, 1359 Maricopa Drive, stated that values of properties would decline with retention ponds, people were not willing to pay premium prices to live on retention ponds as they would to live on a golf course. He urged Council to consider the effect that this would have on all of the families located in the area. Jim Erdman, 2492 Hickory Lane, urged Council to review plans for maintaining Hickory Street and consider compromises. He explained the plan for the road was going to make snow removal more difficult and property owners were not informed of the construction to the road. He stated that for those residents this was their access into the City. Kevin Carol, 681 West 5t" Avenue, stated that there had been flooding problems since 1987- 1988. He explained the development that occurred over the years and that problems started to happen after new construction of homes and after the railroad ditch was filled in. He stated that in 2004 he was told by a city engineer that there needed to be manhole put in. Council Member Palmeri questioned why the manhole was never put in. Mr. Patek explained that drainage problem on private property was addressed by property owner 12 and there could be a petition for a manhole. Steve Barney, 1260 Elmwood Avenue, questioned if the water retention pond would decrease the need for pumping storm water because storm water pumping was expensive for the City. He stated that there was a prediction of more precipitation as the climate changes. Rose Mary Davis, 1720 Villa Park Drive, stated her fear for the children's safety with playing in the retention ponds and that the scenery would be taken away. Mayor Tower stated that alternatives to the golf course/retention ponds were items being discussed at the workshop. Council Member announcements, Statements and Discussion Mayor Tower stated that the storm water workshop would follow the meeting; the Jackson/Murdock intersection was July 8t" and the ambulance billing on July 22"d and various ones to be scheduled in August. He stated the Mayor's breakfast would be August 1St at the Kolf Center and all Council Members were invited to attend and anyone that wanted to volunteer would be appreciated. Proceedings of the Common Council -June 24, 2008 City Manager Announcements, Statements and Discussion Mr. Fitzpatrick stated that there was a comprehensive plan regarding the storms on the website, www.ci.oshkosh.wi.us. He stated that the flooding started on June 8t" and another flooding on June 12t", the Emergency Operation Center was opened for those in need. He explained that there had been three structural fires; several gas irruptions; electrical issues and a train derailment. He explained that busses were used to help those stranded to get to safe areas; each bus had the driver and a police officer. He stated that the recycling was suspended until June 30t" to put all attention on debris from the storm and the City had declared a State of Emergency. He stated that there was a no wake zone put in place on the Fox River and had hope to lift it soon. He thanked Winnebago County for all of their help; and Festival Foods for providing water and snacks; the representatives from the State of Wisconsin; FEMA for their quick response, Council Members and City employees, and most important the citizens for their patience and understanding. MOTION: ADJOURN (Bain; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 10:25 p.m. PAMELA R. UBRIG CITY CLERK 13