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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
S10,2013
EPTEMBER
REGULAR MEETING held Tuesday, September 10, 2013, at 6:00 p.min the Council
.
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Deb Allison-Aasby, Tom Pech, Jr., Sean Fitzgerald, Steve
Cummings, Steven Herman and Mayor Burk Tower
EXCUSED: Council Member Kyle Clark
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney; and Dave Patek, Director of Public Works
Council Member Allison-Aasby read the Invocation.
The Pledge of Allegiance was lead by Emma Schunk and Ben Leib from Oshkosh North
High School.
CSC
ITIZEN TATEMENTS TO OUNCIL
Daniel Lynch, 310 S. Eagle Street, stated his concerns that students were smoking near
Oshkosh West High School. He would like the City to ban smoking wherever minor children
were present.
Patricia Diener, 1315 Broad Street, was concerned about the demolition of the Jeld-Wen
property. She also expressed her opinions regarding train horns and random vandalism.
PH
UBLIC EARING
Resolution 13-408 Approve Final Resolution for Special Assessments / Cold-Mix
Asphalt Paving (Brookwood Court, Coolidge Avenue, Harbor Bay
Road, Driftwood Lane, Louise Court, Keenville Lane)
MOTION: ADOPT (Herman; second, Pech)
MOTION: LAYOVER UNTIL SEPTEMBER 24, 2013 COUNCIL MEETING
(Fitzgerald; second, Herman)
WITHDRAWN
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
MOTION: DIVIDE INTO TWO PARTS;
A) BROOKWOOD COURT & COOLIDGE AVENUE;
B) HARBOR BAY ROAD, DRIFTWOOD LANE, LOUISE COURT &
KEENVILLE LANE (Fitzgerald; second, Pech)
CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
Resolution 13-408A Approve Final Resolution for Special Assessments / Cold-Mix
Asphalt Paving (Brookwood Court & Coolidge Avenue)
MOTION: ADOPT (Fitzgerald; second, Cummings)
CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
Resolution13-408B Approve Final Resolution for Special Assessments / Cold-Mix
Asphalt Paving (Harbor Bay Road, Driftwood Lane, Louise Court &
Keenville Lane)
MOTION: ADOPT (Fitzgerald; second, Herman)
MOTION: LAYOVER TO SEPTEMBER 24, 2013 COUNCIL MEETING
(Fitzgerald; second, Herman)
LOST: Ayes (2) Fitzgerald, Herman;
Noes (4) Allison-Aasby, Pech, Cummings, Mayor Tower
VOTE ON ORIGINAL RESOLUTION
CARRIED: Ayes (4) Allison-Aasby, Pech, Cummings, Mayor Tower;
Noes (2) Fitzgerald, Herman
Pat Braasch, 3300 Harbor Bay Road, stated there was not enough traffic on the streets listed
in the resolution to warrant new cold mix asphalt paving.
Penny Anderson, 3326 Louise Court, stated the roads should be graded and leveled.
Patricia Diener, 1316 Broad Street, stated the only traffic on the roads indicated in the
resolution were from the residents who lived there.
Richard Hawley, 3343 Harbor Bay Road, stated the roads should be ripped up, graded,
leveled and asphalted.
Brandon Carr, 880 Ridge Lane, stated the roads indicated in the resolution were not
deteriorated enough to justify cold mix asphalt paving.
Jerry Winkler, 854 Keenville Lane, proposed putting off the road repairs for five years and
consider laying concrete instead of asphalt at that time.
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
Dave Anderson, 3326 Louise Court, suggested the City put off the road repairs until concrete,
curb and gutter were needed.
Council Member Herman questioned if an engineering study had been completed on the
proposed project.
Steve Gohde, Assistant Director of Public Works, stated City streets were evaluated bi-
annually using the PASER (Pavement Surface Evaluation & Rating) system. Louise Court
was given a rating of three which meant the street was showing significant signs of
deterioration. Harbor Bay Road, Driftwood Lane, and Keenville Lane were each given a
PASER score of four which was a fair rating. He explained per municipal code, streets with
cold mix overlay were guaranteed to last for five years, however since the cold mix asphalt
program began in 1998, the City had not had to replace any asphalt.
Council Member Herman asked how old the storm sewer laterals and sanitary sewer
laterals were in the proposed project area.
Mr. Gohde replied the sanitary sewer laterals in the project area were from the late 1980’s
or early 1990’s. At the present time there were no storm sewer laterals in the project area; a
ditch system was used. He stated in the future, storm sewer laterals would be added when
the streets were paved with concrete, curb and gutter.
Council Member Herman asked if the residents of the area petitioned to have the road
repaved.
Mr. Patek stated the decision to repave the streets was made using the PASER system. He
explained residents of the streets in the proposed project were sent a letter stating although
the residents did not petition to have their streets repaved, the City, in a maintenance effort,
would resurface the streets with a cold mix overlay.
Mr. Rohloff added due to the likely twenty year life span of the cold mix overlay, it would be
at least fifteen years before concrete, curb and gutter streets would be installed in the
proposed area.
Council Member Herman questioned what would happen if the Street Department came
across a bad sub surface while applying the cold mix overlay.
Mr. Gohde explained the Street Department would make sure the sub surface of the road
was favorable before applying the cold mix overlay.
Council Member Fitzgerald questioned what the liability would be to the City and the
residents of the proposed project area if the City opted to wait a few years before repairing
the roads.
Mr. Patek explained the cost of the asphalt would be higher in a few years and snowplows
could potentially dig up loose asphalt due to the deteriorated roads.
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
Ms. Lorenson indicated the City was only liable in situations in which the City was aware of
potential issues but did not address them.
Council Member Pech questioned if there was another material the streets could be paved
with in between the cold mix asphalt and the concrete, curb and gutter; and, if so, what the
cost would be.
Mr. Patek explained there was no middle option for street repaving or reconstruction.
Council Member Fitzgerald felt uncomfortable approving street improvements that residents
did not want. He proposed that the Council layover the resolution until the next meeting in
order to communicate with all of residents in the proposed area to determine whether or not
they wanted the street improvements.
Mr. Patek suggested that the Council divide the resolution into two parts with “A” being
Brookwood Court and Coolidge Avenue; “B” being Harbor Bay Road, Driftwood Lane,
Louise Court, and Keenville Lane.
Council Member Pech did not support laying over the resolution until the next meeting. He
felt in this case a minimal expenditure could extend the life of the streets listed in the
resolution.
Brandon Carr, 880 Ridge Lane, felt there were plenty of residents who opposed the cold mix
overlay at the current meeting to convince the Council to vote the resolution down. He did not
support laying over the decision until the next meeting.
Jerry Winkler, 854 Keenville Lane, clarified he was not asking for concrete, curb and gutter.
He wanted the City to wait five years and then reconstruct the roads with new asphalt.
Pat Braasch, 3300 Harbor Bay Road, also clarified she was not asking for concrete, curb and
gutter. She felt the roads in her neighborhood were not deteriorated enough for new asphalt.
She did not support laying the resolution over until the next meeting.
Dave Anderson, 3326 Louise Court, clarified he was not asking for concrete, curb and gutter to
be installed at the present time. He wanted the City to hold off laying cold mix asphalt until the
street was deteriorated enough for concrete, curb and gutter.
Mayor Tower did not support laying over the resolution until the next meeting as he felt already
had enough information to make his decision.
Council Member Pech asked Mr. Patek to give his opinion on why the proposed roads should
receive the cold mix overlay.
Mr. Patek explained the City had limited funds for total replacement of streets. In this case, he
felt it was appropriate to perform maintenance on the proposed roads to give the City
approximately fifteen to twenty years to save money for eventual concrete, curb and gutter.
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
Council Member Fitzgerald did not feel the residents of the proposed area wanted the cold mix
overlay and therefore would not support the resolution.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Common Council Minutes from August 27, 2013.
Approval of Cash Report for June 2013.
Receipt of Claim filed with the City’s Insurance Company:
A) LouAnn Polishinski for alleged damages for a sewer back-up;
B) Brian Farmer for alleged damages to his bicycle from being struck by a Squad Car
Resolution 13-409 Approve Professional Service Agreement for Environmental
Engineering Services with AECOM to Obtain Site Closure of Lot on
Marion Road for Proposed Rivers II Development Road ($120,000.00)
WITHDRAWN BY STAFF
Resolution 13-410 Grant Easement to Wisconsin Public Service at Northeast & Southeast
Corners of Church Avenue & Division Street Intersection (Plan
Commission Recommends Approval)
Resolution 13-411 Set Public Hearing Date to Vacate Alley between Libbey Avenue & East
Smith Avenue; and, Mount Vernon Street & Ashland Street (Plan
Commission Recommends Approval)
Resolution 13-412 Approval of Initial Resolution for Special Assessments / Asphalt Paving
& Various Utilities / Adams Avenue
Resolution 13-413 Accept & Approve Waivers of Special Assessment Notices & Hearing in
Connection with Improvements / Adams Avenue
Resolution 13-414 Approval of Final Resolution for Special Assessments / Asphalt Paving
& Various Utilities / Adams Avenue
Resolution 13-415 Award Bid for Public Works Contract No. 13-10 to Carl Bowers & Sons
Construction Co., Inc. for Asphalt Paving & Various Utilities on
Adams Avenue & Madison Street ($121,459.55)
Resolution 13-416 Award Bid for Aerial Platform Truck for Transportation Department to
Altec Industries, Inc., ($84,659.00)
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
Resolution 13-417 Award Bid for HVAC Equipment for Public Museum to Temperature
Systems Inc. & McCotter Energy Systems Inc. (Total Aggregate amount
of $70,107.00)
Resolution 13-418 Approval of Change Order No. 1 for Public Works Contract No. 13-06
with Al Dix Concrete, Inc. for Concrete Sidewalk - New &
Reconstruction (+$152,584.76)
Council Member Cummings questioned if the change order had anything to do with CVS
Pharmacy project.
Mr. Gohde explained the change order was not related to the CVS Pharmacy project. Due
to an error made by the City, top soil, seed, and erosion mulch were not included in the bid
tab for Public Works Contract No. 13-06.
Resolution 13-419 Approval of Change Order No. 2 for Public Works Contract No. 12-11
with PTS Contractors, Inc. for 2012 Sanitary Sewer Manhole
Rehabilitation Program (+$107,202.96)
Council Member Allison-Aasby asked for an explanation on the second change order.
Mr. Gohde explained the reason for the second change order for Contract No. 12-11 was
due to the condition of the manhole covers being worse than what City staff had expected.
Resolution 13-420 Authorize Police Department Grant for Alcohol Impaired Driving
Enforcement
Resolution 13-421 Approve Amendment to Special Event - Oshkosh West Student
Government to Utilize City streets for their Oshkosh West Homecoming
Parade / September 20, 2013
Resolution 13-422 Approval of Block Party Request for Hayward Avenue (between Fairfax
Street & Pheasant Creek Drive) / September 21, 2013
Resolution 13-423 Disallowance of Claim / AFNI-American Family on behalf of Constance
Norton
Resolution 13-424 Disallowance of Claim by Brian Reichard
Resolution 13-425 Approve Appointments to Museum Board
Resolution 13-426 Approve Combination “Class B” License & Special Class “B” License
MOTION: ADOPT CONSENT AGENDA (Pech; second, Cummings)
CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
Ordinance 13-427 Approval of Parking Regulation Changes on Central Street, New York
Avenue & 23rd Avenue
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
Ordinance 13-428 Approval of Changes in Permit Parking & Short-Term Parking Areas in
Washington Avenue Parking Lot
MOTION: ADOPT (Pech; second, Allison-Aasby)
CARRIED: Ayes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
Resolution 13-429 Approval of Partial Waiver of Fees for Police Staffing Costs in Excess of
$10,000.00 for Special Event / Hmong Service Center Inc. / August 31,
2013 & September 1, 2013
MOTION: ADOPT (Cummings; second, Pech)
LOST: Noes (6) Allison-Aasby, Pech, Herman, Fitzgerald, Cummings,
Mayor Tower
Mayor Tower explained the organizer of a special event that took place on August 31, 2013
and September 1, 2013 was requesting to have extraordinary fees for police staffing waived
in excess of $10,000.00
Council Member Herman asked how many people attended the event and how many police
calls were made.
Chief Greuel reported based on the vehicle count, he estimated between 20,000 and 25,000
people attended the Hmong Service Center’s event. He stated at any given time during the
day between 14 and 22 officers with various areas of responsibility staffed the event. With
regard to police calls he stated there were “lots” of minor incidents and two major gang
related incidents.
CD,DCM&FAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER UTURE GENDA TEMS
A workshop on the CIP would be held on September 25, 2013 from 5:30 p.m. to 7:30 p.m.
Workshops on the budget/departmental details would be held on October 21 & 29, 2013
from 5:30 p.m. to 9:30 p.m. both nights.
A workshop on the budge and CIP follow up would be held on November 6, 2013 from
5:30 p.m. to 7:30 p.m.
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ROCEEDINGS OF THE OMMON OUNCIL EPTEMBER
A workshop on Special Events would be scheduled in the future
Council Member Cummings reported the land donation from the Jeld-Wen Redevelopment
Project had been rescinded and asked what the plans were going forward for the riverwalk.
Allen Davis, Director of Community Development, stated he believed the land donation from
the Jeld-Wen Redevelopment Project was still going to happen, however in a different form
such as an easement.
Council Member Cummings proposed a workshop between the Plan Commission and the
Council to determine a vision for the Fox River riverfront.
Council Member Cummings congratulated the Oshkosh Symphony Orchestra and Vic
Ferrari Band for their collaborative performance at the Leach Amphitheatre.
Council Member Herman asked for an update on the possible expansion of the BID and
wanted to know if the City was pursuing an association or BID with the Oregon Street
businesses. He also asked for an update on the Miles Kimball Building. He stated that
lately he felt the Council was receiving too many last minute additions to the agenda prior to
the council meetings.
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements.
CMA&S
ITY ANAGER NNOUNCEMENTS TATEMENTS
Mr. Rohloff did not have any announcements.
MOTION: ADJOURN (Cummings; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 7:37 p.m.
PAMELA R. UBRIG
CITY CLERK
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