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HomeMy WebLinkAboutCouncil Minutes 6/28/2011PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O.IHKOIH ON THE WATER REGULAR MEETING held Tuesday, June 28, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tom Pech, Jr., Steve Cummings, Steven Herman, Deb Allison - Aasby, Bob Poeschl and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Mayor Tower asked for a moment of silence to remember Bill VanLieshout, a role model and mentor in the community, who recently passed away. Council Member Pech read the Invocation The Pledge of Allegiance was led by Council Member Pech CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, would like improvements to the rental facilities in South Park. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and filing of Common Council Minutes from June 14, 2011. Resolution 11 -271 Rescind Resolution 11 -255 and Award Bid to CH Koch Plumbing and Heating for EECBG Water Conservation / Plumbing Improvements for City Hall and the Safety Building ($27,090.00) Resolution 11 -272 Award Bid to Munson, Inc., for 44 Parallel Park Tennis Court Reconstruction in the amount of $62,340.00 Council Member Pech questioned if the tennis courts were going to be reconstructed similar to the tennis courts at Oshkosh North High School. Ray Maurer, Parks Director, explained the tennis courts would be completely reconstructed which included milling, expansion of the width, fencing, and new nets. 1 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 Council Member Herman asked where the 44 Parallel tennis courts were located. Mr. Maurer stated the 44 Parallel tennis courts were located on the west side of the City at Allerton Park. Resolution 11 -273 Approve Proposal from New Cell, Inc., (Cellcom) for Cellular Phone Service in the amount of $74,000 (estimated over 2 -year contract) Resolution 11 -274 Waive Bids and Contract for Repair of Clarifiers for Wastewater Treatment Plant for Public Works in the amount of $301,844.80 Mayor Tower questioned why City staff waived the bids for a project of considerable cost. Steve Brand, Superintendent of Utilities, explained his department decided to look for quotes as the clarifiers were thirty year old specialty pieces of equipment and not of standard construction. He stated there were not any local contractors who could rebuild the clarifiers so he chose a company who had servicemen that were familiar with the original manufacturer's specifications. Council Member Herman questioned how long the rebuilt clarifiers would last. Mr. Brand replied the rebuilt clarifiers would last another thirty plus years. Resolution 11 -275 Approve Initial Resolution for Special Assessments / Grade - Gravel, Asphalt Paving, Sidewalk, Driveway, and Utilities — Hazel Street (Melvin Avenue to New York Avenue) and Alley West of Main Street (14 Avenue to 15 Avenue) Council Member Cummings asked if work of this nature had recently been completed on Hazel Street. Mr. Patek explained previously there was a sanitary sewer project completed on Hazel Street which was an interceptor on the east side of the street. He stated proposed project would be a local sanitary sewer on the west side of Hazel Street. Resolution 11 -276 Approve Initial Resolution for Special Assessments /Sanitary Sewer Laterals — Merritt Avenue (Bowen Street to Hazel Street) and Grove Street (Nevada Avenue to Bent Avenue) Resolution 11 -277 Approve Amendment to Resolution No. 11 -251 / Initial Resolution for Special Assessments for Asphalt Paving, Curb - Gutter, Sidewalk, Driveway, and Utilities — High Avenue and Various Side Streets (Wisconsin Street to Congress Avenue) Resolution 11 -278 Approve Payments for TID #14 -Bella Vista 2 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 Resolution 11 -279 Grant Utility Easement to Wisconsin Public Service Corporation within the Lakeshore Municipal Golf Course at 2175 Punhoqua Street near USH 41 & Rath Lane (Plan Commission Recommends Approval) Resolution 11 -280 Approval of Special Event — Most Blessed Sacrament Catholic Parish — to hold Most Blessed Sacrament "Parish Picnic" at 1333 Walnut Street (church property) / July 8, 9, & 10, 2011 Resolution 11 -281 Approval of Special Event — Oshkosh Jaycees — to utilize Leach Amphitheater for Brews N Blues / July 9, 2011 Resolution 11 -282 Approval of Special Event — Oshkosh Area Humane Society to hold Barking to the Beat 2 at 1925 Shelter Court and Parking Lot / July 23, 2011 Resolution 11 -283 Approval of Special Event — Advanced Maintenance Solutions, LLC and Classic Cycle, LLC to Utilize Winnebago County Park for Old Glory Ride to Honor and Veterans Celebration / July 30, 2011 Resolution 11 -284 Approval of Special Event — Winnebago County Fair Association Winnebago County Expo Site — 500 E. County Road Y for Winnebago County Fair/ August 2, 3, 4, 5, 6, and 7, 2011 Resolution 11 -285 Approval of Special Event — Lao Human Right Council, Inc. to Utilize Winnebago County Park for Lao Hmong National Summer Festival / September 2, 3, 4, and 5, 2011 Resolution 11 -286 Disallow Claim by Scott and Kristin Langkau (for alleged damages as a result of a sewer backup) Resolution 11 -287 Disallow Claim by Janice and Sean Adams (for alleged damages to her vehicle from being hit by an ambulance) Sean Adams, 1510 Bowen Street, explained his wife was stopped behind an ambulance on Washburn Street at the Witzel Avenue roundabout when the ambulance backed into her vehicle. She honked her horn but the ambulance continued to back into her. The ambulance then moved forward and proceeded through the roundabout heading east on Witzel Avenue. By the time Ms. Adams was able to navigate through the roundabouts the ambulance was gone so she pulled over and called the Oshkosh Police Department who filed a report. He indicated there were witnesses to the accident. Council Member Poeschl asked Mr. Adams if the City's insurance company talked to the witnesses. Mr. Adams stated the City's insurance company did not contact the witnesses. 3 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 NOTE: Council Member Hall joined the meeting at 6:18 p.m. Council Member Herman questioned if the police report indicated who was at fault. Mr. Adams replied there was no indication on the police report of who was at fault. Council Member Poeschl asked Ms. Lorenson what the City expected from its insurance company with regard to contacting witnesses of a claim. Ms. Lorenson stated typically the insurance company would talk to individuals that were listed on a claim. She could not speak to whether the insurance company made contact with the witnesses of the Adams claim, however, she knew the insurance company had extensive conversation with the fire department and reviewed all of their records and information. Council Member Poeschl asked if the ambulance was tending to an emergency. Ms. Lorenson replied her understanding from the description in the claim was that the ambulance was not pursuing an emergency. Resolution 11 -288 Approve Special Class "B" Licenses, Taxi -Cab License, Secondhand Licenses and Operators Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11 -287 (Pech; second, Herman) CARRIED: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower Resolution 11 -287 Disallow Claim by Janice and Sean Adams (for alleged damages to her vehicle from being hit by an ambulance) MOTION: LAYOVER FOR CLOSED SESSION ON JULY 13, 2011 AND COUNCIL ACTION ON JULY 25, 2011 (Pech; second, Cummings) CARRIED: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower Council Member Herman did not believe the claim was thoroughly investigated. Mr. Rohloff felt there were some true issues of fact as Mr. Adams was not present at the accident. He suggested Council lay the resolution over to the next meeting to give them time to review the claim with City staff. 4 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -289 Approve Change of July 12, 2011 Council Meeting (due to the July Recall Primary Election) MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Poeschl, Pech, Cummings, Herman, Hall, Allison - Aasby, Mayor Tower Ordinance 11 -290 Approve Change of August 9, 2011 Council Meeting (due to August Recall Election) FIRST READING; LAID OVER UNDER THE RULES Ordinance 11 -291 Approval of through Street Designation for Waukau Avenue, Parking Regulations on Division Street and Sherman Road and Designation of a Pedestrian Hybrid Beacon on High Avenue FIRST READING; LAID OVER UNDER THE RULES Steve Arndt, 800 Algoma Boulevard, Director of Facilities at the University, explained with the addition of the new academic building there could be up to five hundred students crossing High Avenue each hour. He stated the pedestrian hybrid beacon was vital for the safety of students. Ordinance 11 -292 Approval of Parking Regulations for Carl Steiger Park Parking Lot FIRST READING; LAID OVER UNDER THE RULES Bernie Pitz, 617 W. Irving Avenue, wanted to know when the ordinance passed allowing twenty four hour parking in the Carl Steiger Park Parking Lot. Mr. Rohloff stated the twenty four hour parking regulation had always been in place; however the signage was recently added. Mr. Maurer explained his department worked with the police department and the City attorney's office to review the current ordinance and found there were a number of parking lots in the City that allowed for twenty four hour parking. The Carl Steiger Park Parking Lot was among those parking lots as it abutted the 24 hour Wiowash Trail. Resolution 11 -293 Approval of Annual City Licenses (Renewals) MOTION: ADOPT (Cummings; second, Allison - Aasby) ADOPT: Ayes (7) Pech, Cummings, Herman, Hall, Allison - Aasby, Poeschl, Mayor Tower 5 PROCEEDINGS OF THE COMMON COUNCIL — JUNE 28, 2011 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A workshop on the Sustainability Plan would be held in August. Mr. Rohloff would like to schedule a joint workshop with the Town of Nekimi on August 17 Council Member Allison -Aasby requested a workshop on TIFs prior to budget meetings. A workshop on the Transit Development Plan was scheduled for July 13 Council Member Herman asked for a process that would enable the Council to track outstanding issues brought up in Common Council Meetings. Council Member Allison -Aasby congratulated the Miss Wisconsin organization on another successful pageant. Council Member Hall apologized for arriving late stating he attended a conference in Chicago during the day and drove directly to the Common Council Meeting. CITIZEN STATEMENTS Matt Hyde, 1514 E. Wisconsin Avenue, Appleton, Wisconsin was the owner of Atlas Taxi and wanted to know if his license was approved. Mayor Tower indicated the Mr. Hyde's taxi license was approved earlier in the meeting. Bernie Pitz, 617 W. Irving Avenue, expressed his displeasure of the construction vehicles used for the reconstruction of Elmwood Avenue using his street for entering and exiting the construction site. He was concerned his street would be ruined and he would be charged to have it redone. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the City would waive quotes for the purchase of a police department community service officer vehicle as the bids from the State were more beneficial. He explained the City hired CH2M Hill for engineering services for the control system upgrade at the wastewater treatment plant and for the improvement projects at the water filtration plant. Finally, AECOM was hired for engineering services relating to creating an environmental assessment document for National Guard Armory Area Stormwater Detention Basin. MOTION: ADJOURN (Cummings; second, Herman) CARRIED: VOICE VOTE The meeting recessed at 7:05 p.m. PAMELA R. UBRIG CITY CLERK 2