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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
A22,2014
PRIL
REGULAR MEETING held Tuesday, April 22, 2014, at 6:00 p.min the Council Chambers,
.
City Hall.
Mayor Tower presided.
PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven
Herman, Deb Allison-Aasby, Caroline Panske, and Mayor Tower
ALSO PRESENT: John Fitzpatrick, Assistant City Manager; Pamela Ubrig, City Clerk;
Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works
Mayor Tower announced that John Fitzpatrick, Assistant City Manager, was attending the
meeting in place of City Manager Rohloff.
Council Member Fitzgerald read the Invocation.
The Pledge of Allegiance was led by Council Member Fitzgerald.
P
ROCLAMATIONS
A proclamation was presented by Mayor Tower proclaiming May 1, 2014 as A Day of Prayer
in the City of Oshkosh
A proclamation was presented by Mayor Tower proclaiming May 10, 2014 as Letter Carriers
Food Drive Day in the City of Oshkosh
PH
UBLIC EARING
Resolution 14-169 Approval of Amended Final Resolution for Special Assessments –
Contract No. 14-05 / Paving, Grading and Graveling, Sidewalk,
Driveway and Utilities / Second Local Street Concrete Paving Program
(Central City Area-Campbell Road)
MOTION: ADOPT (Cummings; second, Allison-Aasby)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
CSC
ITIZEN TATEMENTS TO OUNCIL
Mayor Tower explained that citizens could speak during both opportunities for Citizens
Statements to Council as long as they spoke about different topics.
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Bob Cornell, 548 W. Smith Avenue, updated the public on events happening at the Senior
Center. He reported about the meeting he attended with the Parking Utility Commission
regarding more handicap parking near the Grand Opera House. He invited new Council
Member Caroline Panske to tour the Senior Center and attend a meeting of the Board of
Appeals, of which he chaired. He thanked City staff for putting on a great State of the City
event.
Patricia Diener, 1316 Broad Street, was concerned about storm sewer drains overflowing
during a recent rain event and asked if City staff shut them off to control water flow.
Mayor Tower stated that Ms. Diener should call the Public Works Department to report
flooding.
Dave Patek, Director of Public Works, stated City staff did not block off any storm sewers
during the recent rain event.
John Fitzpatrick, Assistant City Manager, stated the police non emergency number was also
a good number to call to report flooding. He also commented during the recent rain event
there was nowhere for the rain to go due to the ground still being frozen and the amount of
rain that came down in a short period of time.
Ms. Diener remarked about the bad winter and the shortage of LP gas.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Receipt and Filing of Museum Board Minutes from March 6, 2014
Receipt of Claim filed with the City’s Insurance Company:
A) Jesse Andersen for alleged damages from a water back up
B) Progressive Insurance (claimant: Laura Putzer) for alleged damages from an
incident involving a city snow plow
C) AAA Insurance (claimant: Peter Olsen) for alleged damages from an incident
involving a city vehicle
D) Ben Crile for alleged injuries from running into the bleachers while sledding at
Westhaven Park
The City of Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the
April 1, 2014 Election for the City of Oshkosh Common Council declaring Steve Cummings,
Steve Herman and Caroline Panske as elected
Resolution 14-170 Approval of Variance to Excessive Noise Limitations / Beats 2 Go for
Hip Hop Benefit Concert – The Power of Hip Hop / May 31, 2014
Resolution 14-171 Determination of Necessity to Acquire Property at 43 East 7th Avenue;
Authorize Redevelopment Authority to Acquire; Approve Leases with
WITHDRAWN BY STAFF
H&M Commercial and Chamco
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Resolution 14-172 Award Bid for Mobile Storage Unit for Oshkosh Public Museum to
Montel ($55,490.00)
Resolution 14-173 Award Bid for Humidifier Additions for Oshkosh Public Museum to B&P
Mechanical Inc. ($15,400.00)
Resolution 14-174 Establish Alternate Truck Route for Closures of North Main Street for
Special Events during Bowen Street Reconstruction
Resolution 14-175 Approve Waiver for Cavanaugh’s Carriages to Allow Horses in
the City through December 31, 2014
Resolution 14-176 Approve Clean Water Fund Financial Assistance Agreement with the
Wisconsin Departments of Natural Resources and Administration (DNR
and DOA) and Authorize the Issuance and Sale of up to $5,706,185
Sewerage System Revenue Bonds, Series 2014 and Providing for
Other Details and Covenants with Respect Thereto
Mayor Tower asked for an explanation of the resolution.
Steve Brand, Superintendent of Utilities, stated the Clean Water Fund was a program ran by
the State of Wisconsin to provide revolving loans for utility projects, which were funded
through monies from the Federal Government. He stated the City was approved for a Clean
Water Fund loan for the current waste water treatment project. He stated the interest rate
was more favorable in comparison to what the market rate would be. He said the Clean
Water Fund was an opportunity to get a better interest rate than had the City issued a
standard revenue bond.
Trena Larson, Finance Director, stated the market rate for a twenty year revenue bond was
3.32% which was about sixty basis points higher than the interest rate on the Clean Water
Fund loan. She stated the Clean Water Fund Financial Assistance Agreement was a good
deal and would create significant savings for the City.
Resolution 14-177 Approval of Block Party – Empty Lots at Corner of Ida Avenue and
Franklin Street / May 10, 2014
Resolution 14-178 Approval of Special Event - March of Dimes to utilize city streets for
their March of Dimes Oshkosh March for Babies / May 3, 2014
Resolution 14-179 Approval of Special Event - Safe Routes to School to utilize city streets
for their Oshkosh Community Southside Bike Rodeo – Jefferson
School / May 15, 2014
Resolution 14-180 Approval of Special Event - Tom Taggert to utilize 539 Campus Place
for their Molly McGuire’s Graduation Beer Garden / May 16, 2014
Resolution 14-181 Approval of Special Event - Oshkosh Garden Club to utilize grounds of
Oshkosh Public Museum for their Oshkosh Garden Club Plant Sale / May 17, 2014
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Resolution 14-182 Approval of Special Event - Paine Art Center & Gardens – to utilize
Congress Avenue for their Festival of Spring / May 17, 2014
Resolution 14-183 Approval of Special Event - Safe Routes to School to utilize city streets
for their Oshkosh Community Northside Bike Rodeo – Oaklawn School
/ May 22, 2014
Resolution 14-184 Approval of Special Event - Houge’s Bar to utilize Menominee Park for
their Houge’s Walleye Warm-Up / May 24, 2014
Resolution 14-185 Approval of Special Event - Larry Meads to utilize South Park for his
Memorial Day Reading of Names on War Monument / May 26, 2014
Resolution 14-186 Approval of Special Event - Aurora Foundation, Inc. – to utilize
Menominee Park for their Lombardi Walk for Cancer Oshkosh / June 7,
2014
Resolution 14-187 Approval of Special Event - St. Jude the Apostle Parish to hold their St.
Jude the Apostle Parish Picnic / June 13, 14 & 15, 2014
Resolution 14-188 Approval of Special Event - Gabriel Folletz to utilize Menominee Park
for the Folletz Wedding / June 14, 2014
Resolution 14-189 Approval of Special Event - Oshkosh Chamber of Commerce to utilize
Opera House Square and Market Street for their Live at Lunch / June
18, 2014 through August 13, 2014 (every Wednesday)
Resolution 14-190 Approval of Special Event - Hmong Lutheran Outreach Congregation to
utilize Winnebago County Park for their Hmong Outreach Sports
Festival / June 21 and 22, 2014
Resolution 14-191 Approval of Special Event - Digital Documents, LLC dba L & K
Productions to utilize Opera House Square and Market Street for their
Square Fare / June 21, July 19, August 16, September 20 and October
18, 2014 (every third Saturday)
Mayor Tower asked if the proposed special event would conflict with the Saturday Farmers
Market.
Lynn Lorenson, City Attorney, stated the organizer of the Farmers Market attended the
Special Events Review Committee Meeting with the organizer of the Square Fare event and
that the two events were coordinated.
Mr. Fitzpatrick stated the Square Fare was a complimentary feature to the Farmers Market.
Resolution 14-192 Approval of Special Event - Players Pizza and Peace Lutheran Church
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to utilize South Park for their 6 Annual Park Dance / July 11, 2014
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Resolution 14-193 Approval of Special Event - Paine Art Center & Gardens to utilize
Congress Avenue for their Faire on the Green / July 13, 2014
Resolution 14-194 Approval of Special Event - Andrea McCann to utilize Opera House
Square for the Giving Gala / July 26, 2014
Resolution 14-195 Approval of Special Event - Badger State Outboard Association to
utilize Menominee Park for their Badger State Outboard Races / August
30 and 31, 2014
Resolution 14-196 Disallowance of Claim by Rose Mary Bednarek
Resolution 14-197 Disallowance of Claim by Timothy Pischke
Resolution 14-198 Disallowance of Claim by Michael Pamer
Resolution 14-199 Disallowance of Claim by Jamie Haddock
Resolution 14-200 Disallowance of Claim by Sharon Brearley
Resolution 14-201 Approve Appointments to the Board of Review
Resolution 14-202 Approve Agent Changes, Special Class “B” Licenses and Class
“B” Fermented Malt License
MOTION: ADOPT CONSENT AGENDA (Pech; second, Cummings)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
Ordinance 14-203 Approve Request to Attach to City from Town of Black Wolf / Purtell
Voluntary Attachment; Southeast Corner of Ripple Road and Oregon
Street
MOTION: LAY OVER UNTIL MAY 27, 2014 COUNCIL MEETING (Fitzgerald;
second, Allison-Aasby)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Darryn Burich, Director of Planning Services, stated there was a sewer capacity issue that
recently arose with the property. He stated his staff needed time to analyze whether or not
the property could be annexed.
Council Member Herman asked if there had been any discussions relative as to what would
happen to the property owners if the developer went bankrupt prior to the improvements
being completed.
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Mr. Burich replied the City was only at the attachment phase; the developer had not yet put
together engineering plans for the development. The City first needed to make sure it did
not annex a piece of property that it could not service utility wise. He stated his staff needed
to determine if the City could provide sewer service to both the new residential development
and the new business park to the West.
Mr. Fitzpatrick added that the City had discussed the issue with the petitioner of the
attachment and that all parties were in agreement.
Mr. Burich stated his staff would need a month to determine what part of the property, if any,
could be annexed.
Ordinance 14-204 Amend City Ordinances Pertaining to Mobile Vending
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Council Member Herman stated he had no issues with the Mobile Vending Ordinance.
Ordinance 14-205 Approve Rezoning 143 Idaho Street and Adjacent Vacant Lots from C-2
General Commercial to R-2 Two Family Residence (Plan Commission
Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 14-206 Approval of Parking Regulation Changes on Algoma Boulevard, Central
Street, Columbia Avenue, Hamilton Street, Melvin Avenue, Woodstock
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Street and 8 Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 14-207 Approval of Changes in Short-Term Parking in the Library, Otter East,
Pearl and State Street Parking Lots
FIRST READING; LAID OVER UNDER THE RULES
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
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A workshop regarding health insurance would be held on May 27 at 4:45 p.m.
Council Member Herman wanted the Council to receive updates on outstanding projects in
the City.
Council Member Panske stated as a new Council Member, she would appreciate updates to
outstanding projects.
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Mr. Fitzpatrick stated he would pass the information regarding updates to outstanding
projects to the City Manager.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Mayor Tower reported that Mr. Kubiak had a meeting with the City Manager regarding the
pub crawl and that Mr. Kubiak indicated he would pay for the extraordinary service charges
associated with the pub crawl. Mr. Kubiak was also open to meeting with City staff to more
effectively plan for the pub crawl event.
Council Member Panske asked what the extraordinary costs were for the pub crawl.
Ms. Lorenson replied that City staff were still compiling the extraordinary costs for the pub
crawl event.
Mayor Tower stated the extraordinary costs were estimated to be around $6,000.00.
Ms. Lorenson stated the City only charged for actual time put in so the estimates could be
skewed.
CSC
ITIZEN TATEMENTS TO OUNCIL
Patricia Diener, 1316 Broad Street, commended the dentists who took time on Good Friday
to provide free care to citizens who needed it.
Bob Cornell, 548 W. Smith Avenue, shared an incident that occurred to him while driving on
Jackson Street during the hours of the pub crawl.
Debra Boushely, 600 Merritt Avenue, reminded the public that due it being Severe Weather
Awareness Week, the tornado sirens would sound on Thursday.
CMA&S
ITY ANAGER NNOUNCEMENTS TATEMENTS
Mr. Fitzpatrick stated an agreement was made with ADS Environmental Services for
engineering services for sanitary sewer system flow monitoring Services.
MOTION: ADJOURN (Cummings; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 6:50 p.m.
PAMELA R. UBRIG
CITY CLERK
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