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ON THE WATER
OSHKOSH COMMON COUNCIL AGENDA
COUNCIL CHAMBERS, CITY HALL
OSHKOSH, WISCONSIN
APRIL 14, 2009
CALL TO ORDER: (6:00 pm)
A. ROLL CALL
B. INVOCATION
Voting First: Council Member Bain
C. PLEDGE OF ALLEGIANCE Students from Webster Stanley Elementary School
D. PROCLAMATIONS Take your Son/Daughter to Work Day
Alcohol Awareness
Month & National Library Week
E. PUBLIC HEARINGS (NOTE * There will be NO formal action taken on this item at this meeting)
1. Res 09-95 Approval of Final Resolution for Special Assessments -
Sanitary Sewer Main & Sanitary Sewer Laterals /Ontario
Street & Murdock Avenue
2. Ord 09-96 Approve Zone Change from R-2 Two Family Residence with a
Planned Development Overlay to C-3 Central Commercial with
a Downtown Overlay / 17 East Parkway Avenue & Adjacent
Vacant Lot to the South (Plan Commission Recommends
Approval)
3. Ord 09-97 Approval of Map Amendment to the City's Comprehensive
Plan Land Use Maps Changing the Land Use Designation of
Property on Island View Drive, Town of Oshkosh, from
Commercial to Residential (Plan Commission Recommends
Approval)
F. CONSENT AGENDA ITEMS
(Consent Agenda Items are those items of a routine administrative nature that are voted on by the Council in a Single Roll
Call Vote. Staff Recommends Approval of all Items. Any member of the public or Common Council may request that an
item be removed from the Consent Agenda for discussion)
4. Approval of March 24, 2009 Council Minutes
5. Approval of Bills Presented by the Finance Director
6. Approval of Cash Report for the Month of February 2009
7. The City of Oshkosh Board of Canvass filing of the Official Statement of
Votes Cast for the April 7, 2009 Election for the City of Oshkosh Mayor
declaring Paul Esslinger as elected; and, for the City of Oshkosh Common
Council declaring Tony Palmeri, Jessica King & Bob Poeschl as elected.
8. Approval to UWO /Utilize City Sidewalks for the Titan Triathlon /May 10, 2009
9. Approval to Oshkosh Patriotic Council /Utilize City Streets for the Memorial
Day Procession /May 25, 2009
10. Approval to Oshkosh Seniors Center & Recreation Department /Utilize City
Streets for the Silver Star Triathlon /May 10, 2009
NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time
please inform the Mayor at the beginning of your presentation.
OSHKOSH COMMON COUNCIL -APRIL 14, 2009
CONSENT AGENDA ITEMS CONTINUED:
11. Approval to Downtown Oshkosh Business Improvement District /Utilize Market
Street for the Wednesday Farmer's Market /June 3, 2009 -October 14, 2009
12. Approval to Residents of Minnesota Street for a Block Party /May 9, 2009
13. Receipt of Claim filed with the City's Insurance Company /George
Schneider damages to property from police allegedly entering premises
14. Res 09-98 Approve Accepting Drainage Easement at Southeast Corner of
9th Street Road & Clairville Road, Town of Algoma/City
Expansion Area (Plan Commission Recommends Approval)
15. Res 09-99 Approve Partial Release of Utility Easement on Algoma
Boulevard, South of Stillman Drive (Plan Commission
Recommends Approval)
16. Res 09-100 Approve Granting Privilege in Street to METCO
Environmental Consulting to Install Monitoring Wells within the
Right-of-Way of East Murdock Avenue Adjacent to 1800
Harrison Street (Plan Commission Recommends Approval)
17. Res 09-101 Approve Setting Public Hearing Date to Vacate Portion of
Nebraska Street Right-of-Way at the Nebraska Street &
West 5th Avenue Intersection (Plan Commission Recommends
Approval)
18. Res 09-102 Approve Planned Development Amendment to Permit Wall
Signs for a Commercial Business in a Residential District at
310 West Irving Avenue (Plan Commission Recommends
Approval)
19. Res 09-103 Approve Amendment to Contract No. 06-07/ Sampling &
Analysis of Industrial Wastewater by Badger Laboratories
& Engineering, Inc
20. Res 09-104 Award Bid for Public Works Contract No. 09-04 to Carl
Bowers & Sons Construction Company, Inc, for Various
Concrete Paving & Utility Projects-South Side Paving
($3,316,425.15)
21. Res 09-105 Award Bid for Public Works Contract No. 09-10 to B&P
Mechanical, Inc, for Heating & Ventilation Improvements
at Wastewater Treatment Plant, South Main & Broad Street
Pumping Stations ($319,000.00)
22. Res 09-106 Award Bid for Three Tandem Axle Truck Chassis to Peterbilt of
Wisconsin & Three Right Hand Automated Side Loader Trucks
to Stepp Equipment for Sanitation Division ($633,576.00)
23. Res 09-107 Award Bid for Public Works Contract No. 09-06 to Fischer-
UlmanConstruction for Concrete Sidewalk ($488,870.10)
24. Res 09-108 Waive Bids & Contract for Water Filtration Plant
Computer Upgrades for the Control & Monitoring Systems with
Energenecs ($231,950.00)
25. Res 09-109 Waive Bids & Purchase Air Monitoring Systems /RAE
Systems / ($44,877.00 -Paid by State's Regional Hazardous
Materials Team Fund)
NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time
please inform the Mayor at the beginning of your presentation.
OSHKOSH COMMON COUNCIL -APRIL 14, 2009
CONSENT AGENDA ITEMS CONTINUED:
26. Res 09-110 Approve 2009 Program for Construction of New Sidewalk on
North Main Street & Fernau Avenue
27. Res 09-111 Approve Agreements /Wisconsin Department of
Transportation for Reconstruction of US Hwy 41:
A) 9t" Avenue ($110,600.00)
B) Oshkosh Avenue / Omro Road ($85,500.00)
28. Res 09-112 Approve Agreements with Wisconsin Department of
Transportation for Utility Relocations at Reconstruction of
US Highway 41 (Wisconsin DOT Reimbursement to City)
29. Res 09-113 Approval of Initial Resolution for Special Assessments /
Sanitary Sewer &Watermain / 20t" Avenue
30. Res 09-114 Approval of Initial Resolution for Special Assessments /
Sanitary Sewer &Watermain / 9t" Avenue
31. Res 09-115 Approval of Initial Resolution for Special Assessments /
Paving, Sidewalk, Driveway & Utilities /County Trunk
Highway Y
32. Res 09-116 Approval of Initial Resolution for Special Assessments /
Paving, Sidewalk, Driveway & Utilities /Second Local
Concrete Paving Program
33. Res 09-117 Rescind Personal Property Taxes for Monarch Management,
LLC, D/B/A Tailspin Tommy's Pizza & Moneyline Mortgage)
34. Res 09-118 Urge State & Federal Governments to Direct the Use of
American Recovery & Reinvestment Act Funds for the Benefit
of Local Road Improvement Projects
35. Res 09-119 Request State to Modify the Proposed Budget Bill in Regard to
Application of Prevailing Wage Rate to Local Projects
36. Res 09-120 Request the Governor & Legislature Provide Relief from
Expenditure Restraint for Local Governments
37. Res 09-121 Authorize Police Department Grant /Recovery Act: Edward
Byrne Memorial Justice Assistance Grant through U.S.
Department of Justice
38. Res 09-122 Disallow Claim by Gene Langenecker (claimant alleges after
broken water main was repaired, ice accumulated in driveway
resulting in damage to vehicle)
39. Res 09-123 Disallow Claim by Eric Edgerly (damage to his vehicle from
snow plow allegedly hitting side mirror)
40. Res 09-124 Disallow Claim by Felix Arrington (claimant alleges ice/snow
was never removed from around mailbox resulting in
vehicle sliding into mailbox)
41. Res 09-125 Disallow Claim by Scott Schuhart (Homestead Mutual
Insurance for property damage allegedly from a water &
sewage backup)
42. Res 09-126 Disallow Claim by Mark Showers/Dempsey, Williamson, Kelly
& Hertel (alleged property damages as a result of flooding)
43. Res 09-127 Approval of Class "B" Fermented Malt Licenses, Special Class
NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time
please inform the Mayor at the beginning of your presentation.
B License, Agent Change for Combination "Class B" License &
Operator's Licenses
OSHKOSH COMMON COUNCIL -APRIL 14, 2009
G. ITEMS REMOVED FROM CONSENT AGENDA:
H. PENDING ORDINANCES
44. Ord 09-128 Repeal and Recreate Ordinance Establishing the Energy &
Environment Advisory Board to Create Sustainability Advisory
Board (Energy & Environment Board Recommends Approval)
45. Ord 09-129 Approval of Loading Zone Changes on Kentucky Street &
Parking Regulations Changes on Kentucky Street, Meadow
Pearl Avenue & 17th Avenue
46. Ord 09-130 Repeal & Recreate Section 23-9 /Solid Waste Disposal -
General Requirements /Elimination of Requirements
Related to Blue Bag Recycling
47. Ord 09-131 Approve Zone Change from A-2 General Agriculture
Extraterritorial Zoning to C-1 Neighborhood Business
Extraterritorial Zoning, Southeast Corner of Clairville
Road & 9th Street Road, Town of Algoma (Joint
Extraterritorial Zoning Committee Recommends Approval)
NEW ORDINANCES (NOTE * There will be NO formal action taken on this item at this meeting)
* 48. Ord 09-132 Approve Food & Food Establishments /Repeal & Recreate
Section 14-11 Permit Fees & Section 14-12 Late Fees
* 49. Ord 09-133 Amend the Building Code to Adopt Comm 60 for Erosion
Control, Sediment Control & Storm Water Management
J. NEW RESOLUTIONS
50. Res 09-134 Authorize Application & Acceptance of COPS Hiring Recovery
Program (CHRP) Grant to Hire Two Police Officers
51. Res 09-135 Resolution in Support of the Removal of Parking Meters
from City Streets & Municipal Parking Lots
K. CITIZEN STATEMENTS (Limited to five (5) minutes; must address items that are not listed on the Council
meeting agenda, are limited to issues that have an impact on the City of Oshkosh
and the Common Council may address at a future meeting, and must not
include endorsements of any candidates or other electioneering)
L. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS & DISCUSSION
52. Council Member Bain /March 31St Fifth Tuesday Forum Follow-Up; Final
Council Member Statement
53. Mayor Tower /Thank you Oshkosh
NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time
please inform the Mayor at the beginning of your presentation.
REVISED
OSHKOSH COMMON COUNCIL -APRIL 14, 2009
M. CITY MANAGER ANNOUNCEMENTS, STATEMENTS & DISCUSSION
54. A) Report Regarding Engineering Services Agreements:
1) 2009 Sanitary Sewer Clearwater Infiltration -Inflow Reduction Program
McMahon Engineers Architects
2) Construction Management of Utility Relocations at Reconstruction of
US Highway 41 / Gremmer & Associates, Inc.
B) Update on Repairs to Grand Opera House
• C) ° ~Ee~s~^~acat°~'~,-CO~~^~I-Q~at WITH DRAWN
N. RECESS UNTIL NOON ON APRIL 21, 2009
O. CLOSED SESSION: (City Manager's Office, Room 101, City Hall): To Discuss the
Performance Evaluation Regarding the City Manager, an Employee
over which the Common Council has Jurisdiction and Exercises
Responsibility Pursuant to Section 19.85(1)(c) of the Wisconsin State
Statutes.
• Indicates Revision
NOTE: The Council has a five minute rule for all speakers addressing an item on the agenda. If you require more time
please inform the Mayor at the beginning of your presentation.