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Home My WebLink About02. Council Minutes, August 13, 2013 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST 13, 2013 OJHKQfH ON THE WATER REGULAR MEETING held Tuesday, August 13, 2013, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby, Tom Pech, Jr., Steven Herman, Kyle Clark & 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 Fitzgerald read the Invocation. Council Member Fitzgerald led the Pledge of Allegiance. PUBLIC HEARINGS Resolution 13-364 Approval of Final Resolution for Special Assessments for Contract No. 11-04 / Paving, Sidewalk, Driveway & Utilities/First Local Street Concrete Paving Program — Central City Area MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Resolution 13-365 Approval of Final Resolution for Special Assessments for Contract No. 12-04 / Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program (South Side) MOTION: ADOPT (Clark; second, Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Resolution 13-366 Approval of Final Resolution for Special Assessments for Contract No. 12-05 / Paving, Sidewalk, Driveway & Utilities / Third Local Street Concrete Paving Program (South - Central Area) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower 1 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 Resolution 13-367 Approval of Final Resolution for Special Assessments for Contract No. 12-07 / Paving, Sidewalk, Driveway & Utilities / Second Local Street Concrete Paving Program (North Side) MOTION: ADOPT (Cummings; second, Pech) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street, read a letter she received from a relative of the victim of a recent train accident. Donna Lohry, 511 W. Bent Avenue, was the Chair of the Winnebago County Aging and Disability Resource Center Committee. She was concerned that several of the recent bus route changes were not conducive to citizens with disabilities. Ginger Beuk, 224 E. Tennessee Avenue, stated the recent changes to the bus routes created a hardship for her and other disabled citizens to use Go Transit due to the buses dropping them off at the curb instead of in the parking lot of their destinations. Bob Cornell 548 W. Smith Avenue, announced the Fall Family Fun Fest at the Senior Center. He also updated the Council on the plans to expand the Senior Center. Rob Paterson, 530 N. Main Street, #3, was concerned about safety regarding the changes in the bus routes. He felt the buses should pick up and drop off citizens in the parking lots. Larry Lautenschlager, 1215 Carr Place, was concerned the new bus routes made it difficult and unsafe for disabled citizens to use Go Transit. He felt the buses should drop off citizens in the parking lots of their destinations. Mayor Tower noted the new bus routes put in place in April, 2013 were scheduled to be reviewed in the near future. Council Member Herman was concerned about the bus routes not meeting the needs of disabled citizens. CONSENT AGENDA Approval of Bills presented by the Finance Director Receipt & Filing of Museum Board Minutes from June 6th and July 11, 2013 Approval of Cash Report for June 2013 2 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 Receipt of Claim filed with the City's Insurance Company: A) Jeff Ellman for alleged damages to his vehicle; B) Metlife Insurance on behalf of insured Kevin Staner for damage to his vehicle; C) Brian Reichard for alleged damage to his recycling cart; D) Virginia Maniatis and Michael Sadlak for alleged damage to his vehicle from a city truck Resolution 13-368 Approval of Variance to use South Park Avenue (Main Street to Oregon Street) as a Temporary Truck Route / Oshkosh Corporation Resolution 13-369 Award Bid for Carriage House Floor Reinforcement for Oshkosh Public Museum to Cardinal Construction Company, Inc. ($25,915.00) Resolution 13-370 Approve Purchase for In-Vehicle Surveillance Equipment for Transportation Department to AngelTrax ($75,202.53) Resolution 13-371 Award Bid for Sealant Rehabilitation for Oshkosh Public Library to R.D. Woods Company Inc. ($114,295.00) Resolution 13-372 Award Bid for Public Works Contract No. 13-11 to Wood Sewer and Excavating, Inc. for Sanitary Manhole Rehabilitation Program ($740,768.82) Resolution 13-373 Approval of Amendment to Engineering Services Agreement for the Design of Stormwater Detention Basins in the Campbell Creek Watershed /AECOM ($95,423.00) Resolution 13-374 Approve Agreement for City of Oshkosh to Participate with State of Wisconsin's Smart Fleet Program Resolution 13-375 Approval of Special Event - Oshkosh Ambassadors & SSUSA to Utilize Menominee Park for their Badgerland Classic Senior Softball Tournament /August 15, 16, 17 and 18, 2013 Resolution 13-376 Approval of Special Event - Hmong Service Center, Inc., to Utilize Winnebago Park for their Hmong American National Labor Day Weekend Festival /August 31, 2013 and September 1, 2013 Resolution 13-377 Approval of Special Event - UWO Department of Residence Life to Utilize City Streets for their Move in Day for UW Oshkosh Residence Halls /August 31, 2013; September 1 and 2, 2013 Resolution 13-378 Approval of Special Event - Winnebago County Labor Council to utilize South Park for their City Wide Labor Day Picnic - Car Show / September 2, 2013 3 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 Resolution 13-379 Approval of Special Event - Lourdes Academy to Utilize City Streets for their Lourdes Academy 2nd Annual Eucharistic Procession / September 5, 2013 Resolution 13-380 Approval of Special Event - Oshkosh Area Humane Society to Utilize City Streets & South Park for their Shelter Trek/ September 7, 2013 Resolution 13-381 Approval of Special Event - Trinity Lutheran School to Utilize City Streets for their Trinity Lutheran School Fun Run - Walk / September 13, 2013 Resolution 13-382 Approval of Special Event - Oshkosh West Student Government to Utilize City Streets for their Oshkosh West Homecoming Parade / September 20, 2013 Resolution 13-383 Approval of Special Event - Oshkosh Area Humane Society — to Utilize City Streets for their Bikers for Barkers / September 28, 2013 Resolution 13-384 Approval of Special Event - TFM Productions Ltd., to Utilize Menominee Park for their Midwest Walleye Series Championship / September 27 and 28, 2013 Resolution 13-385 Approval of Special Event - Bella Medical Clinic to Utilize City Streets and South Park for their Bella Medical Clinic Walk for Life 2013 / October 5, 2013 Resolution 13-386 Approval of Special Event - Women's Care of Wisconsin, to Utilize Carl Steiger Park & the Wisconsin Street Bridge for their Bras Across the Fox / October 25, 2013 Resolution 13-387 Approval of Special Event - BID to Utilize Opera House Square & City Streets for their Oshkosh Spooktacular Chili Cook-Off / October 26, 2013 Resolution 13-388 Approval of Block Party Request for Evans Street (between East Irving Avenue and East Lincoln Avenue) /August 24, 2013 Resolution 13-389 Approval of Block Party Request for Graber Street (between Cliffview Drive and East Murdock Street) / September 14, 2013 Resolution 13-390 Disallowance of Claim by Jamie & Eugene Christman Resolution 13-391 Disallowance of Claim by Norm Bock Resolution 13-392 Disallowance of Claim by Allen Gustavos Jr. 4 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 Resolution 13-393 Approve Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 13-394 Approval of Parking Regulation Changes on Oregon Street MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Ordinance 13-395 Approval of Changes in Permit Parking & Short-Term Parking Areas in Otter Avenue and State Street Parking Lots MOTION: ADOPT (Clark; second, Allison-Aasby) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman asked if the City Transportation Department was moving toward having consistency in parking regulations in all the City parking lots. Chris Strong, Director of Transportation, stated other than the State Street lot, the trend the Parking Commission was pursuing was to have consistency of parking regulations in all of the City parking lots. Council Member Herman asked if the new parking regulations would benefit the downtown business owners as well as patrons of the Leach Amphitheater and other downtown facilities. Mr. Strong stated the new parking regulations would benefit the downtown business owners, patrons of the Leach Amphitheater and other downtown facilities. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS A workshop on the 2014 budget would be held on August 14, 2013 at 5:30 p.m. A workshop on special events would be held in the future. A workshop (field visit) to the community gardens would be held on August 26, 2013 at 5:00 p.m. 5 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 DISCUSSION OF COUNCIL RULES MOTION: APPROVE THE OSHKOSH COMMON COUNCIL RULES OF ORDER (Cummings; second, Pech) MOTION: AMEND TO A) ADD THE PHRASE "OR A CITIZEN" BETWEEN THE WORDS "COUNCIL MEMBER" AND "AN ITEM" IN THE FIRST LINE OF PARAGRAPH 6; B) CREATE A NEW RULE, NUMBER 3, (AND TO RENUMBER THE RULES ACCORDINGLY) TO READ: ALL PARTICIPANTS IN COUNCIL MEETINGS SHALL CONDUCT THEMSELVES ACCORDING TO THE CIVILITY PLEDGE ADOPTED BY THE COUNCIL ON JUNE 14, 2011 BY RESOLUTION 11-270; C) CREATE A NEW RULE, NUMBER 5, (AND TO RENUMBER THE RULES ACCORDINGLY) TO READ: NO PERSON SHALL PERSONALLY ATTACK A COUNCIL MEMBER, CITY OFFICIAL, CITY EMPLOYEE OR ANY OTHER PERSON. FOR PURPOSES OF THIS SECTION PERSONAL ATTACKS SHALL INCLUDE COMMENTS DIRECTED AT A PARTICULAR PERSON OR PERSONS WHICH PERTAIN TO ANY MATTER THAT IS UNRELATED TO THE PERFORMANCE OF OFFICAL DUTIES OR THE CONDUCT OF CITY BUSINESS, ARE THREATENING, SLANDEROUS, DEFAMATORY OR OBSCENE OR ARE OF SUCH A NATURE THAT THE COMMENTS DISRUPT THE MEETING OR CAUSE A DISTURBANCE. NO PERSON SHALL MAKE IRRELEVANT, UNDULY REPETITIOUS, OFFENSIVE, THREATENING, SLANDEROUS, DEFAMATORY, OR OBSCENE REMARKS OR ACT IN SUCH A MANNER AS TO DISRUPT OR DISTURB THE ORDERLY CONDUCT OF ANY MEETING, INCLUDING HANDLCAPPING, STOMPING OF FEET, WHISTLING, SHOUTING OR OTHER DEMONSTRATIONS. ANY PERSON VIOLATING THIS PROVISION SHALL BE CALLED TO ORDER BY THE MAYOR. IF THE CONDUCT CONTINUES, THE MAYOR MAY ORDER THE PERSON REMOVED AND THE COUNCIL SHALL MAKE A FACT FINDING WHETHER SUCH BEHAVIOR WAS OUTSIDE THE SCOPE AND CONTECT OF THE COUNCIL RULES AND, IF APPLICABLE, WHETHER THE BEHAVIOR WAS A CHARACTER TO CAUSE A BREACH OF THE PEACE. (Pech; second; Cummings) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower VOTE ON APPROVAL OF COUNCIL RULES AS AMENDED CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower 6 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 13, 2013 Council Member Pech stated that adding Rule Number 5 to the Council Rules was not meant to stifle a person's right to free speech; the purpose of the rule was simply to establish some rules of order for citizens to state their case in an orderly, respectful manner. Council Member Herman felt the City needed a policy regarding notifying citizens and businesses of street closures. Council Member Pech felt a policy for notifying citizens and businesses of street closures would be too cumbersome. He was in favor of developing procedures for City staff to use as they see fit for the situation at hand. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff thanked everyone who attended the ground breaking ceremony for the Field Operations Facility. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 13-396 Approval of Variance for Closure of Washington Avenue & Waugoo Avenue at Canadian National Railroad for Repair to Rail / August 19- 21, 2013 MOTION: ADOPT (Allison-Aasby; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower MOTION: ADJOURN (Pech; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 7:13 p.m. PAMELA R. UBRIG CITY CLERK 7