HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
MARCH26, 2019
REGULAR MEETING held Tuesday, March 26, 2019, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Lori
Palmeri, Matt Mugerauer, Jake Krause and Mayor Steve Cummings
ALSO PRESENT: John Fitzpatrick, Assistant City Manager; Pamela Ubrig, City Clerk;
and Lynn Lorenson, City Attorney
Council Member Pech read the Invocation.
The Pledge of Allegiance was led by Council Member Pech.
CITIZEN STATEMENTS
There were no citizen statements to Council.
CONSENT AGENDA
Report of Sills by the Finance Director
Receipt & Filing of the Oshkosh Public Museum Minutes from February 13, 2019
Receipt & Filing of the Oshkosh Common Council Minutes January 22 & March 12, 2019
Receipt of Claims filed with the City's Insurance Company:
A) Dale Patri for alleged damages to vehicle from city plow
B) Theresa Salzman for alleged damages to vehicle from city plow
C) Bradley Vowels for alleged damages to vehicle from city plow
PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Resolution 19-159 Approve 2019 CIP Budget Amendment & Award Sid to MacQueen
Equipment/Bruce Equipment for Tandem Axle Truck Chassis &
Jetter/Vac for Wastewater Utility ($384,169.25)
Resolution 19-160 Award Bid to Full Service Organics Management, LLC for Digester
Cleaning Services for Wastewater Treatment Plant ($58,000.00)
Resolution 19-161 Award Bid to Riesterer & Schnell for Utility Tractor with Cab &
Hydraulics for Street Division ($41,867.31)
Resolution 19-162 Award Bid to Packer City International & Monroe Truck Equipment
for Tandem Axle Chassis Dump Truck & ($201,140.00)
Resolution 19-163 Award Bid to ADS, LLC d/b/a ADS Environmental Services for 2019
Flow Monitoring Collection Services for Wastewater Division
($71,998.00)
Resolution 19-164 Award Bid for Public Works Contract No. 19-04 to Dorner, Inc. for
Hazel Street (Washington Avenue to East Irving Avenue)
Reconstruction ($3,539,793.35)
Resolution 19-165 Approve Purchases of Lighting Poles & Fixtures to both Enterprise
Lighting LTD &Philips Lighting for the Hazel Street Reconstruction
of Menominee Park Trail Project 19-04 ($58,535.48)
Resolution 19-166 Approve Rescission of Resolution 19-03 of Awarding Bid to
Matherson Tri-Gas Inc. for 2019 Liquid Oxygen for the Water
Filtration Plant ($80,543.05)
Resolution 19-167 Approve Change Order No. 1 for Public Works Contract No. 18-06
Concrete Sidewalk (New & Rehabilitation / Al Dix Concrete, Inc.
(+$300,691.64)
Resolution 19-168 Authorize Grant Application to the Wisconsin Department of
Natural Resources (WDNR) for Urban Nonpoint Source & Storm
Water Grant Program
Resolution 19-169 Approve Engineering Services Agreement for 2019 Wastewater
Utility Technical Services /Jacobs ($170,870.00)
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Resolution 19-170 Approve Engineering Services Agreement for 2019 Water Utility
Technical Services /Jacobs ($86,120.00)
Resolution 19-171 Approve Settlement Agreement with CED Properties LLC related to
Special Assessments for Property located at 1800 Jackson Street
Resolution 19-172 Approve Fund Balance Reservations
Resolution 19-173 Approve Menominee South Neighborhood Plan
Dennis Cavanaugh, 1107 Merritt Avenue, stated he was a representative of the
Menominee South neighborhood association. He explained the plan they had created
provided a clear direction for the next five years. He thanked City staff in the planning
department for their help.
Mayor Cummings stated it was a great plan.
Council Member Palmeri thanked the group for their efforts.
Resolution 19-174 Grant Public Utility Easement at 17 Washington Avenue - 300 East
Parking Lot (Plan Commission Recommends Approval)
Resolution 19-175 Accept Dedication of Street Right of Way; North 1600 Block of
Oshkosh Avenue (Plan Commission Recommends Approval)
Resolution 19-176 Approve Conditional Use Permit to Establish an Art Studio at 1675-
1677 Oregon Street (Plan Commission Recommends Approval)
Barbara Schneider, 111 E. Ripple Avenue, stated she would like to open an art school and
gallery. She explained it would be a seasonal business and be open April through
November, Wednesdays through Saturdays. She stated it would offer an option to
people who wished to participate in skill building classes as opposed to one night group
classes.
Mayor Cummings explained the plan commission had recommended approval.
Resolution 19-177 Approve Special Event — Oshkosh Bicycle & Pedestrian Advisory
Committee to utilize the Oshkosh Seniors Center&bike route on City
streets for the Bike Oshkosh event/May 11, 2019
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Resolution 19-178 Approve Special Event — Oshkosh Police Department to utilize
Menominee Park & City streets for the OPD Law Enforcement
Mental Health & Wellness 5K/May 11, 2019
Resolution 19-179 Approve Special Event — Paine Art Center & Gardens to utilize
Algoma Boulevard & Congress Avenue for the Festival of Spring /
May 18, 2019
Resolution 19-180 Approve Special Event — Arya Cares Foundation to utilize
Menominee Park & City streets for the Arya Cares Family Bike Ride
/May 18, 2019
Resolution 19-181 Approve Special Event — Propel Oshkosh in partnership with the
Oshkosh Saturday Farmers Market, Inc. & Zoological Society to
utilize Opera House Square, South Park & Menominee Park Zoo for
the Into the Night events /May 23, July 25 & September 26, 2019
Council Member Palmeri asked for an explanation of the event.
Kathy Snell, Special Events Coordinator, stated the events would occur at one location
on each date, and move to the next site the following date.
Council Member Palmeri explained she understood it was modeled after the Bazaar after
Dark events in the Fox Valley. She stated she was pleased to see a similar event come to
Oshkosh.
Ms. Snell explained it was exciting to bring different artists to the area.
Resolution 19-182 Approve Special Event—Oshkosh Farmers Market, Inc. to utilize 400
& 500 blocks of Main Street & 100 block of Church Avenue for the
Oshkosh Farmer's Market—Downtown/June 1 through October 26,
2019 (Saturdays)
Resolution 19-183 Approve Special Event — Oshkosh Public Library to utilize
Washington Avenue for the Evening on the Avenue /June 1, 2019
Resolution 19-184 Approve Special Event — Waterfest, Inc. to utilize Leach
Amphitheater for the Waterfest concert series / June 13 through
August 29, 2019 (Thursdays)
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Council Member Palmeri explained there was a request to be permitted to serve alcohol
after 9:00 p.m. in addition to an extension on the time allotted for amplified music. She
questioned if the applicant had provided an explanation regarding the need for the
exception.
Kathy Snell, Special Events Coordinator, stated there was not an explanation
accompanying the application.
John Casper, President and CEO of the Oshkosh Chamber of Commerce, explained he
had not realized it was an exemption; they had operated under the same hours for a
number of years at the event. He stated it was an outdoor event and weather events
frequently interrupted or delayed performances, and the extra time allowed a cushion to
ensure the main act could perform.
Council Member Palmeri questioned how the need to extend the time to sell alcohol
related to the potential delay of the performance due to rain.
Mr. Casper explained that concession sales were important to their business model;
without the sales they would need to nearly double the price of admission.
Council Member Palmeri stated she had attended the event in the past and understood;
her practice was to ask each applicant to explain their request for exemptions.
Council Member Herman explained last year there had been concern regarding serving
alcohol up until the closing on the event, and an amendment had been approved to allow
the sale of alcohol until 10:30 p.m. He stated this idea coincided with sports games such
as the Herd, Packers and Brewers where alcohol was not served after the third quarter.
He explained he understood that concessions directly related to the fundraising profits
for the events, however, he did not believe a half hour would significantly impact sales.
Resolution 19-185 Approve Special Event — Oshkosh Chamber of Commerce to utilize
Opera House Square & Market Street for the Live at Lunch series /
June 19 through August 7, 2019 (Wednesdays)
Resolution 19-186 Approve Special Event — Friends of the Oshkosh Seniors Center to
utilize South Park for the Food Truck Fridays / June 21, July 19 &
August 16, 2019
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Resolution 19-187 Approve Special Event — Vietnam Veterans of America Chapter 437
to utilize City streets to hold the Oshkosh 41h of July Parade /July 4,
2019
Resolution 19-188 Approve Special Event — Catamaran Racing Association of
Wisconsin (CRAW) to utilize Menominee Park near the Beach
House, Merritt Avenue & Lake Shore Drive for the Crazy Cats
Regatta/July 5-7, 2019
Resolution 19-189 Approve Special Event — Paine Art Center & Gardens to utilize
Algoma Boulevard & Congress Avenue for the Faire on the Green/
July 14, 2019
Resolution 19-190 Approve Special Event — Oshkosh Farmers Market, Inc. to utilize
South Park for the Market in the Park/July 17— September 18, 2019
(Wednesdays)
Resolution 19-191 Approve Special Event— Cabela's to utilize Menominee Park for the
MWC World Walleye Championship /October 3 —5, 2019
Resolution 19-192 Approve Appointment to the BID Board
Resolution 19-193 Approve Disallowance of Claim by Paul Markowski
Resolution 19-194 Approve Class "B" Fermented Malt License, Special Class "B"
Licenses & Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Krause,
Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 19-195 Approve Zone Change from Heavy Industrial (HI) to Heavy
Industrial with Planned Development Overlay (HI-PD) at 2661 West
201h Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Krause,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Ordinance 19-196 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with Planned Development Overly
(SMU-PD) at 2625 South Washburn Street
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 19-197 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with Planned Development Overly
(SMU-PD) at 2080 Witzel Avenue (Plan Commission Recommends
Approval)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 19-198 Approve Parking Restriction on East Waukau Avenue (Traffic &
Parking Advisory Board Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 19-199 Approve General Development Plan & Specific Implementation
Plan for an Industrial Building at 2661 West 201h Avenue (Plan
Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Krause,
Mayor Cummings
Resolution 19-200 A,,,,,eve c,,eEifk T,,,,,1,,,,,,,r+.,fie 121a Amendment fee Veh le
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Appfeval) Applicant Requests Consideration at April 9th Council
Meeting
Resolution 19-201 Approve Spot Blight Designation; Authorize Redevelopment
Authority to Acquire 672 Jefferson Street ($47,000.00)
MOTION: ADOPT (Pech; second, Palmeri)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Krause,
Mayor Cummings
Council Member Palmeri stated it was her understanding that the property was not
included in the redevelopment plan for the near east, however, was adjacent to it.
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
Darlene Brandt, Grants Coordinator, explained it was in the near east redevelopment
area.
Council Member Palmeri questioned if it was in the redevelopment area, why the
resolution would say the redevelopment plan was not necessary. She stated she was
confused as to why the redevelopment authority referred to the property as adjacent to
the redevelopment area.
Mayor Cummings explained it was across the street; the City had acquired properties on
the west side of the street and was looking to acquire properties on the east side. He
stated the goal was to have a developer be able to work with both sides of the street.
Ms. Brandt explained the near east was a redevelopment plan that did not necessarily
have a specified redevelopment area. She stated to protect the interests of the City and
the redevelopment authority City staff had proposed a spot blight designation.
Council Member Palmeri stated she had talked with Allen Davis, Director of Community
Development, last week, and asked him if there was interest in regenerating that plan.
Ms. Brandt explained there had not been much interest, however, it was a designated
plan that had not been terminated.
Council Member Palmeri stated she understood there were additional conditions beyond
the exterior of the home that had resulted in the spot blight designation.
Ms. Brand indicated the owner had started to rehabilitate the interior, however, it still
required extensive amounts of work. She explained the owner had been relocated out of
state for his job and did not have the ability to proceed with the rehabilitation. She stated
to rehabilitate the interior and exterior of the property would cost between $150,000 to
$200,000 dollars. She explained the neighborhood would not support that type of sale.
She stated City staff hoped the blight removal would have an impact on the
neighborhood and encourage other properties to make improvements.
Mayor Cummings explained the redevelopment authority had discussed how both sides
of the street needed to be improved to make the area attractive for a developer. He stated
it was a slow and costly process to acquire the properties one by one.
Ms. Brandt stated once the property was acquired, City staff would work with housing
partners to see if anyone was interested in developing a single family home, otherwise
they would do a land assemblage until they had enough properties to complete a
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
redevelopment.
Resolution 19-202 Approve Spot Blight Designation; Authorize Redevelopment
Authority to Acquire 857 West 91h Avenue ($21,000.00)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Pech, Herman, Allison-Aasby, Palmeri, Mugerauer, Krause,
Mayor Cummings
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
There was no Council discussion, direction to City Manager or future agenda items.
CITIZEN STATEMENTS TO COUNCIL
There were no citizens statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Council Member Pech requested a reminder about the upcoming election.
Ms. Ubrig stated the Spring Election was Tuesday, April 2nd and the polls would be open
from 7:00 a.m. until 8:00 p.m. She explained voters could utilize the City website to find
their polling site and review a sample ballot. She stated early voting was currently
underway in the Clerk's office and would run through Friday, March 291h at 5:00 p.m.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mr. Fitzpatrick stated an update regarding the public improvement portion of the
Oshkosh Corporation headquarters project had been included in the Council packets. He
explained work would continue as the weather improved. He stated a new
neighborhood association, Fox Chase, had been recognized and was located on the west
side of the City. He explained the transition to monthly utility billings would begin in
April with a transition bill. He stated the public should call the finance department with
any questions.
Mayor Cummings explained the winter had been severe and resulted in a number of
potholes.
Mr. Fitzpatrick stated he agreed; potholes were the worst he had seen in quite some time
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
and he believed it correlated to the amount of snow the area had received and the extreme
cold temperatures. He recommended citizens use caution while driving. He indicated
according to James Rabe, Director of Public Works, crews were out on all shifts working
on the potholes. He stated it remained a challenge as the weather was still chilly,
therefore some of the work that was completed was undone during the nighttime drop
in temperature. He asked for the public to remain patient during this time period.
Council Member Palmeri stated in the Oshkosh Corporation memo it indicated that City
staff and AECOM were completing the final design and permitting for the river walk
from Interstate 41 to Punhoqua Street and plans were completed. She explained under
landscape agreements, it stated the agreement would be approved after final design of
the river walk. She questioned if this was completed.
Mr. Fitzpatrick stated although it was close, it remained under development.
Darlene Brandt, Grants Coordinator, explained the river walk plans were complete and
waiting for City site plan review. She stated once those were finalized and approved by
Oshkosh Corporation, City staff could begin work on finalizing a landscape plan. She
explained City staff was also waiting for Oshkosh Corporation to finalize their landscape
design, so both plans would complement each other.
Council Member Palmeri stated it was her understanding then that the permitting and
final designs were not one hundred percent complete.
Ms. Brand explained the consultant had prepared completed plans.
Mr. Fitzpatrick stated it was a nuance of verbiage; the plans were completed by the
consultant, however, there was still additional review to be done. He explained he did
not anticipate any concerns with Oshkosh Corporation.
Ms. Brandt indicated the City had not yet received the final portion of the Wisconsin
Department of Natural Resource's grant for the river walk, so there was potential that
they may request adjustments.
Council Member Herman stated the northbound side of the Oregon Street bridge deck
approach was in poor shape. He explained he did not know if it was the City or State's
responsibility and it needed to be addressed.
James Rabe, Director of Public Works, stated City staff had conducted work on Oregon
Street between the bridge and 61h Avenue last fall, and due to the extreme winter, some
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PROCEEDINGS OF THE COMMON COUNCIL—MARCH 26, 2019
of the work had been undone. He explained the weather needed to warm up prior to
completing significant repairs or the work would not last.
Mr. Fitzpatrick thanked Council and citizens for the information regarding the road
conditions, and recommended utilizing See-Click-Fix to report anything that needed
attention from City staff.
Council Member Palmeri stated it was titled Connect Oshkosh on the various app stores.
Mayor Cummings explained there had been discussion with the landmarks commission
to place historical signage along the river walk.
MOTION: ADJOURN (Mugerauer; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 6:32 p.m.
PAMELA R. UBRIG
CITY CLERK
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