HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
JULY 14, 2015
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ON THE WATER
REGULAR MEETING held Tuesday, July 14, 2015, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Tom Pech, Jr.,
Caroline Panske, Benjamin Stepanek, Kyle Clark, and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Dave Praska,
Assistant City Attorney and Steve Gohde, Interim Director of Public Works
Council Member Deb Allison-Aasby read the Invocation.
The Pledge of Allegiance was led by Council Member Deb Allison-Aasby
CITIZEN STATEMENTS TO COUNCIL
Bob Kujawa, 511 Tipperary Road, Brooklyn, Wisconsin, represented Oshkosh Sawdust
Days and stated the organization preferred to have the 2016 fireworks display on
Saturday, July 2nd. He stated the fireworks sponsor was in agreement with that date.
PUBLIC HEARING
Ordinance 15-323 Approve Official Mapping of Sawyer Creek Watershed; 2700 Block of
Clairville Road Town of Algoma (Plan Commission Recommends
Approval)
FIRST READING; LAID OVER UNDER THE RULES
CONSENT AGENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Common Council Minutes from June 23, 2015.
Approval of Cash Report from May 2015.
Receipt of Claims filed with the City's Insurance Company:
A) State Farm on behalf of Amy Moon for alleged damages from a water main break
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PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015
Resolution 15-324 Approve Amendment to Engineering Services Agreement with
Speedy Clean Drain and Sewer for Sanitary and Storm Sewer
Main and Lateral Televising ($31,312.34)
Resolution 15-325 Approve Conditional Use Permit; Planned Development for
Wet Storm Water Detention Basin; West of 1015 South
Washburn Street (Plan Commission Recommends Approval)
Resolution 15-326 Approve Engineering Services Agreement with AECOM
Technical Services, Inc. for Construction Management for 9th and
Washburn Area Detention Basin ($162,570.00)
Resolution 15-327 Award Bid for Public Works Contract No. 15-01 to James Peterson
Sons, Inc. for 9th and Washburn Area Detention Basin ($2,528,792.00)
Resolution 15-328 Approve Setting Public Hearing Date to Vacate Portions of
Western Drive, Bristol Drive, Square Lake Drive and Nielsen
Drive All Within Bristol Square Subdivision (Plan Commission
Recommends Approval)
Resolution 15-329 Approve and Execute Relocation and Determination of Necessity to
Acquire Property at Corner of North Main Street and New York
Avenue and Accept Easements; Dedicate Street Right-of-Way North
Main Street Reconstruction New York Avenue to Murdock Avenue
(Plan Commission Recommends Approval)
Resolution 15-330 Grant Privilege in Street; Adjacent to 1221 Knapp Street (Plan
Commission Recommends Approval)
Resolution 15-331 Approve Accepting Storm Sewer Easement at 150 North Campbell
Road (Plan Commission Recommends Approval)
Resolution 15-332 Approve Accepting Storm Sewer Easement at 525 and 1135 West
20th Avenue (Plan Commission Recommends Approval)
Resolution 15-333 Approval of Special Event - Oshkosh Downtown BID — to utilize Main
Street and side streets for their Downtown Sidewalk Sales / July 16,
August 20 & September 17, 2015
Resolution 15-334 Approval of Special Event — Expansion Theory Productions to utilize
Peabodys Parking Lot for their Oshkosh Main Street Music Festival
Main Stage / July 31 and August 1, 2015
Resolution 15-335 Approval of Special Event - Winnebago County Fair Association to
utilize Sunnyview Exposition Center for their Winnebago County Fair /
August 4, 57 67 77 8 and 9, 2015
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PCC–J14,2015
ROCEEDINGS OF THE OMMON OUNCIL ULY
Resolution 15-336 Approval of Special Event - Boys and Girls Club to utilize 539 Broad
Street for their National Night Out / August 4, 2015
Resolution 15-337 Approval of Special Event - Rock for Autism / Oshkosh Kiwanis to
utilize Leach Amphitheater for their Wisconsin’s Rock for Autism /
August 29, 2015
Resolution 15-338 Approval of Special Event - Lourdes Academy to utilize Guenther
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Street and W. 5 Avenue for their Eucharistic Procession / September
3, 2015
Resolution 15-339 Approval of Special Event - Oakbrook Church to utilize city streets for
their Babies for Heaven 5K Run - Walk / October 3, 2015
Resolution 15-340 Approval of Special Event – UW-Oshkosh to utilize city streets for their
Fox Valley Take Back the Night / October 7, 2015
Resolution 15-341 Approval of Special Event - Lourdes Academy to utilize city streets for
their Lourdes Academy Homecoming Parade / October 16, 2015
Resolution 15-342 Approval of Special Event - BID to utilize 400 and 500 Blocks of North
Main Street for their Downtown Oshkosh Halloween Trick or Treat /
October 28, 2015
Resolution 15-343 Approval of Block Party / Walnut Street between West New York
WITHDRAWN BY APPLICANT
Avenue & Short – July 25, 2015
Resolution 15-344 Approval of Block Party / Plummer Street between South Park Avenue
and Florida Avenue – August 4, 2015
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Resolution 15-345 Approval of Block Party / W. 5 Avenue between Knapp Street and
Idaho Street – August 4, 2015
Resolution 15-346 Approve Appointments for the following: Library Board,
Redevelopment Authority, Transit Advisory Board and Housing
Authority
Resolution 15-347 Approve Special Class “B” Licenses, Combination “Class B” License,
Class “A” Fermented Malt License, Operator Licenses and Taxi-Cab
Driver License
MOTION: ADOPT CONSENT AGENDA (Clark; second, Pech)
CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015
ACTION TAKEN ON ORDINANCES & RESOLUTIONS
Ordinance 15-348 Approve Zone Changes from A-2 ETZ General Agricultural
Extraterritorial Zoning to R-1 ETZ Single Family Residential
Extraterritorial Zoning and to A-1 ETZ Light Agricultural Extraterritorial
Zoning; 2700 Block of Clairville Road, South of West 20th Avenue
Town of Algoma
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark,
Mayor Cummings
Ordinance 15-349 Repeal and Recreate a Portion of the Streets and Sidewalks
Ordinance / Section 25-23 Street to Remain Open to Traffic during
Course of Excavation
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 15-350 Amend Municipal Ordinances Related to License Investigation and
Approval, the Granting and Issuance of Alcohol Beverage Licenses
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 15-351 Amend Chapter 8 Hotel and Motel Room Tax Ordinance to Reallocate
Room Tax Distribution, Continuing 2% of the Room Tax Dedicated to
Convention Center Debt Retirement and Amending the Timing of
Payments of Hotel and Motel Room Tax
FIRST READING; LAID OVER UNDER THE RULES
Resolution 15-352 Authorize Grant Application to Wisconsin Economic Development
Corporation and Authorize Agreement for Grant Administration with
FirstMerit Bank and Martin Cowie for Demolition at 1118 South Main
Street (Former Buckstaff Property)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Allison-Aasby, Herman, Pech, Panske, Stepanek, Clark,
Mayor Cummings
Mayor Cummings asked for an explanation of the resolution.
Allen Davis, Director of Community Development, stated both the City and the
Redevelopment Authority (RDA) would submit applications for a grant to help fund the
demolition and site clean-up of the former Buckstaff property.
Mayor Cummings asked when the buildings on the site would be demolished.
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PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015
Mr. Davis stated he was optimistic that the grant applications would be approved this
summer and deconstruction could begin by the end of the year. He was hopeful the City
could apply for additional grant funding through the EPA to help with additional clean-up of
the site in 2016; and the buildings that were above grade would be taken down by the end
of the year.
Mr. Rohloff stated the City was still waiting for a settlement with the former Buckstaff
property and the concrete slab would not be part of the initial demolition. He stated the
RDA would declare the site blighted and would separately apply for a grant to help in the
clean-up of the property.
Council Member Pech recognized City staff for their diligence in reaching a settlement to
enable the City to move forward with the former Buckstaff property.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS
A budget workshop would be held on July 22nd at 5:00 p.m.
Mr. Rohloff stated the City needed to set a date for the 2016 Festival Foods Fireworks
Show and that Festival Foods had contacted him stating they were comfortable with
whatever date the City chose. He explained it would be more cost effective to hold the
2016 fireworks show on Saturday, July 2nd as the City would pay its' staff time and a half
versus double time if the fireworks were held on the actual July 4t" holiday. He stated
more people would attend the fireworks display on Saturday, July 2nd rather than on
Monday, July 4th; and in case of inclement weather, the fireworks could be held on
Sunday, July 3rd instead of Tuesday, July 5t" which would cause logistic issues as the
Sawdust Days vendors would be taking down and moving out of the park.
Council Member Herman asked if the 4t" of July Parade would still be held on July 4tn
Mr. Rohloff stated the 4t" of July Parade would still be held on the actual day; only the
fireworks display was proposed to be held on Saturday, July 2, 2016.
Mayor Cummings stated he believed in the traditional celebration of the July 4t" Holiday
and did not support moving the fireworks to Saturday, July 2nd in 2016.
Council Member Panske stated she preferred the fireworks display to be on July 4 th
Council Member Allison-Aasby stated she preferred the fireworks display to be on July 4 th
Council Member Pech stated he preferred the fireworks display to be on July 4 th
Council Member Clark stated he did not have a strong opinion either way regarding what
day the fireworks were held and that he supported the will of the citizens of Oshkosh.
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PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015
Council Member Herman asked Mr. Kujawa if it would change the logistics of the Sawdust
Days vendors if the fireworks were held on Monday, July 4t"
Mr. Kujawa stated the last day of Sawdust Days in 2016 would be Monday, July 4t" and
that the hours of operation for the last day were noon until 8:00 p.m. He stated if the
Council decided to hold the 2016 fireworks display on Monday, July 4t", Sawdust Days
would change their vendor contract hours for the last day to be noon until 11:00 p.m. He
stated whether Sawdust Days ended at 8:00 p.m. or 11:00 p.m. most vendors packed up
and moved out that evening.
Council Member Herman asked if there would be an issue with the Parks Department if
Sawdust Days vendors were packing up and moving while people were coming to the park
to watch the fireworks.
Ray Maurer, Parks Director, stated every year at Sawdust Days vendors packed up during
the fireworks display. He stated his concern was if there was a rainout on July 4t" and the
fireworks were postponed until July 5t", Sawdust Days organizers would be cleaning up the
park and the remaining vendors would be packing up while people were coming to the
park to watch the fireworks. He stated if the fireworks were postponed to July 5t" due to
inclement weather, the Parks Department would be responsible for the park clean-up on
July 6t"
Council Member Panske asked if the fireworks display could be held after Sawdust Days
ended.
Mr. Rohloff stated the two entities were separate and that the fireworks display could be
held after Sawdust Days had ended.
Council Member Clark read from an email the date of past fireworks displays which
indicated they were not all performed on the actual 4t" of July date.
Mayor Cummings asked if the Council needed to vote for what day the fireworks display
would be held in 2016.
Mr. Rohloff stated he would take the consensus of the Council as to what day the fireworks
display would be held due to the contract for the fireworks show not having to go before
Council for approval. He stated he heard four council members who preferred the
fireworks display be held on Monday, July 4t" and indicated that would be the set date for
the 2016 fireworks display.
Council Member Stepanek requested that the City of Oshkosh Fair Housing Code be
updated to include the following protected classes: sexual orientation, status as a victim of
domestic abuse, sexual assault, stalking, lawful source of income, age, and gender
identity.
Mr. Rohloff stated he would place Council Member Stepanek"s request on the agenda for
discussion and explained as required by the Community Development Block Grant
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PROCEEDINGS OF THE COMMON COUNCIL— .JULY 14, 2015
Program the City had an Equal Opportunity Housing Commission which met only by
complaint basis. He stated the commission had not met for at least fifteen years. He
stated he would get clarification on whether the City fell under the current federal fair
housing code.
Mayor Cummings stated as a Realtor, he had to follow the federal guidelines pertaining to
fair housing and that there were twelve protected classes.
Council Member Clark stated he felt with the recent federal changes to marriage law, it
would be a good idea for the City to update its' fair housing code.
Council Member Pech requested that the City Manager research the federal fair housing
code and forward his findings onto the Council.
Council Member Herman suggested if the fair housing code was changed it should be
written so as future changes adopted at the state or federal level would automatically be
adopted at the municipal level.
Council Member Stepanek stated he was not sure if gender identity was included as a
protected class in the federal fair housing code and requested that gender identity be
included in the City's fair housing code as a protected class.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
COUNCIL MEMBER ANNOUNCEMENTS AND STATEMENTS
Council Member Herman reported there was a large turnout for the 4t" of July parade and
felt the parade organizers should consider using the same route for future parades.
Mayor Cummings stated he felt the route for the 2015 4t" of July Parade was more safe for
parade goers.
CITY MANAGER ANNOUNCEMENT AND STATEMENTS
Mr. Rohloff stated he had nothing new to report.
MOTION: ADJOURN (Panske; second, Clark)
CARRIED: VOICE VOTE
The meeting adjourned at 6:44 p.m.
PAMELA R. UBRIG
CITY CLERK
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