HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
OJHKOJH
ON THE WATER
REGULAR MEETING held Tuesday, October 25, 2011, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Steven Herman, Jef Hall, Deb Allison-Aasby, Bob Poeschl,
Tom Pech, Jr, Steve Cummings, 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
Council Member Herman read the Invocation
The Pledge of Allegiance was led by Hans Woldt and Micayla Sawicki from St. Elizabeth
Ann Seton; and, Alexandria Wogernese and Ian Leafgren from St. Frances Cabrini
Elementary Schools
CITIZEN STATEMENTS
Patricia Diener, 1316 Broad Street, stated she was glad the Canadian National Railroad
donated money to create and install signs to commemorate the old railroad bridge and
preserve its history.
CONSENT AGENDA
Approval of bills presented by the Finance Director.
Receipt and filing of Museum Board Minutes from September 1, 2011.
Resolution 11-467 Approve Change Order No. 1 for Parks Contract No. 11-272 with
Munson, Inc., for 44th Parallel Tennis Court Reconstruction Project
($1,000.00)
Resolution 11-468 Approve Update to City of Oshkosh Comprehensive Outdoor
Recreation Plan
Council Member Herman commended the Parks Board and the Parks Department Staff for
their efforts on the Comprehensive Outdoor Recreation Plan.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011
Council Member Poeschl stated as the Council Representative to the Parks Board, he found
the process of developing the Comprehensive Outdoor Recreation Plan to be exhilarating.
He stated through the course of citizen input and surveys he thought the plan was more
expanded than what the Parks Board and City Staff could have created on their own.
Mayor Tower urged the public to view the Oshkosh Comprehensive Outdoor Recreation
Plan on the City's website.
Resolution 11-469 Grant Access Easement to American Transmission Company Along the
Southern Property Line of the Detention Basin at the Southeast Corner
of Westhaven Circle and Maricopa Drive (Plan Commission
Recommends Approval)
Resolution 11-470 Authorize $8,290,000 Sewer System Revenue Bonds, Series 2011 E
Resolution 11-471 Authorize $6,510,000 Water System Revenue Bonds, Series 2011 F
Resolution 11-472 Award Bid for Public Works Contract No. 11-28 to August Winter and
Sons, Inc. for the Water Filtration Plant Chlorine and Ammonia Feed
Equipment Replacement Project ($42,500.00)
Resolution 11-473 Authorize Jurisdictional Offer for the James Road Area Stormwater
Detention Basin Project in the Amount of $825,000.00
Resolution 11-474 Approve Recommendations for Stormwater Management in the Libbey
Avenue and Nicolet Avenue Drainage Basins
Resolution 11-475 Approve Location and Design of Menominee Park Restrooms Shelter
Facilities and Award Bid to Cardinal Construction
Resolution 11-476 Approval of Block Party Request — Melvin Avenue between Bowen
Street and Bong Court/ October 31, 2011
Resolution 11-477 Approval of Special Event — BID (Business Improvement District) /
Downtown Halloween Trick or Treat/ October 29, 2011
Resolution 11-478 Approve Special Event — Oshkosh Chamber of Commerce / Oshkosh
Chamber Holiday Parade / November 10, 2011
Resolution 11-479 Approval of Special Event — BID (Business Improvement District) /
Holiday Parade Pre-Activities (Christmas Tree Lighting and Reindeer in
Grand Opera Square) / November 10, 2011
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011
Resolution 11-480 Approval of Special Event — BID (Business Improvement District) / Red
Saturday and Horse Carriage Rides / November 19, 2011
Resolution 11-481 Approval of Special Event — Festival Foods Turkey Trot Operations
Committee / Festival Foods Turkey Trot / November 24, 2011
Resolution 11-482 Approval of Special Event — Special Olympic Fox Valley Region / Polar
Plunge / February 16, 17, and 18, 2012
Resolution 11-483 Approval of Special Event — American Heart Association / Heartchase /
October 13, 2012
Resolution 11-484 Disallow Claim by Harold Eichstadt (for alleged dispute over right-of-
way)
Resolution 11-485 Disallow Claim by Jane Doefer (for alleged damage to tire while driving
on High Avenue)
Resolution 11-486 Disallow Claim by Ken Allen (for alleged damages to vehicle due to
hitting a boulder in a parking space in the library parking lot)
Ken Allen, 3256 W. 20th Avenue, felt his claim should not be denied and asked what
recourse he had.
Ms. Lorenson stated Mr. Allen would receive a letter from the City explaining he would have
six months from the date of disallowance to decide if he wanted to pursue a lawsuit against
the City.
Council Member Allison-Aasby questioned if there was a discussion with the library
regarding the boulder.
Ms. Lorenson stated the library had been consulted. She explained in order for the City to
be liable it would have had to have done something that caused damage or it would have
had to have notice of something but did not do anything to prevent damage. In this case,
she further explained the library indicated they did not have any knowledge that the boulder
had been moved from its island prior to the incident.
Council Member Allison-Aasby questioned who was ultimately responsible for assessing the
parking lot to be sure there is not any landscape issues.
Ms. Lorenson stated the all of the landscape boulders were removed from the parking lot as
the City became aware the boulders would pose a potential problem.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011
Resolution 11-487 Approve Special Class "B" Licenses, Operator License and Taxi-cab
license
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 11-468
(Pech; second, Cummings)
CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings,
Mayor Tower
Resolution 11-468 Resolution 11-468 Approve Update to City of Oshkosh
Comprehensive Outdoor Recreation Plan
MOTION: ADOPT (Poeschl; second, Herman)
CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings,
Mayor Tower
Council Member Poeschl explained his rationale for pulling Resolution 11-468 from the
Consent Agenda was that he operated under the premise that created plans should be
voted on separately. He stated voting separate from the Consent Agenda put a level of
importance on the created plan.
ACTION TAKEN ON ORDINANCES & RESOLUTIONS
Ordinance 11-488 Revise Current Municipal Code Provisions to Comply with New Statutes
Related to Carrying Concealed Weapons / to Prohibit the Carrying of
Firearms and Other Weapons on Certain Municipal Property and
Buildings.
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 11-489 Approval of Parking Regulation Changes on Smith Avenue
MOTION: ADOPT (Cummings; second, Poeschl)
CARRIED: Ayes (7) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings,
Mayor Tower
Ordinance 11-490 Approve Zone Change From C-2 General Commercial to C-2 General
Commercial with a Planned Development Overlay / 1759 West 9th
Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings,
Present (1) Mayor Tower
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011
Mayor Tower explained he would vote present on the ordinance as he had a relationship
with an individual involved in the development.
Resolution 11-491 Approval of Special Event — Christine Ann Domestic Abuse Services /
Race for the Light 5k Run/Walk/ December 3, 2011
MOTION: ADOPT (Hall; second, Cummings)
CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Cummings, Mayor
Tower
Council Member Pech recused himself from the vote and left the dais as he explained he
was the applicant for the special event.
Tom Pech, Jr., 1275 W. Smith Avenue, was the founder and Director for the Race for the
Light. He thanked the City for services rendered and stated for the past nine years of the
event the City had been a great partner in making sure the event was safe and fun.
Note: After the vote was taken on Resolution 11-491, Council Member Pech joined the
Council on the dais.
Resolution 11-492 Approve Conditional Use Permit and Planned Development to
Convenience Store for Kwik Trip Inc. at 1759 West 9th Avenue (Plan
Commission Recommends Approval)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (6) Herman, Hall, Allison-Aasby, Poeschl, Pech, Cummings
Present (1) Mayor Tower
Mayor Tower explained he would vote present on the resolution as he had a relationship
with an individual involved in the development.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS
A budget workshop would be held on November 16th
A workshop on the focus and long term goals of the Long Range Finance Committee would
be held after the budget was finished.
CITIZEN STATEMENTS
There were no citizen statements.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 25, 2011
COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS
Council Member Cummings informed the public if they had called and left messages on his
home phone to please email him instead, as he could not retrieve the messages. He also
encouraged citizens to view the new mural on the side of the Sparr building across from the
Grand Opera House. In addition, he urged the Council to tour the Boys and Girls Club
either as a group or individually.
Mayor Tower added the nutcrackers would soon be on display throughout Oshkosh and as
Ms. Diener alluded to earlier, the City received $20,000 from Canadian National Railroad to
commemorate the history of the old railroad bridge. He explained in the future there would
also be plaques along the riverwalk and in the parks donated by civic groups also to
preserve the history of Oshkosh. He also mentioned the City had received a $100,000
grant for low income housing through the help of Neighborworks.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff stated he would have an update on outstanding projects for the Council by the
end of the week. He stated an application was received by Oshkosh Investors, LLC and
was under review regarding the City Center Hotel TIF. A budget information meeting for
the public would be held at the Senior Center on November 2nd at 6:00 p.m. He also
explained the City was involved in discussions with the Town of Nekimi regarding the City's
participation in the repaving of Poberezny Road. He stated the first CVS Working
Committee Meeting was held to identify potential uses for the property and another meeting
was planned for October 26th
MOTION: ADJOURN (Cummings; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 7:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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