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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
ON THE WATER
REGULAR MEETING held Wednesday, September 15, 2004 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Harris presided.
PRESENT: Council Members Brian Poeschl, Paul Esslinger, Frank Tower, Shirley Mattox,
William Castle, Burk Tower and Mark Harris
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft,
City Attorney and Dave Patek, Director of Public Works
Council Member Poeschl read the Invocation.
The Pledge of Allegiance was led by Marisa Messerschmidt, Michelle Fink and Mallory Wohlt
from Green Meadow Elementary School; and, Nicholas Sosinski and Carter Crowley from
Lakeside Elementary School.
Consent Agenda
The minutes of the August 24, 2004 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $6,814,012.42.
The Report of the City Clerk was read.
Resolution 04-314
Award Bid I Chemicals I Water Treatment Plant (Norit Americas,
Texas, $104,623.20)
Resolution 04-315
Accept Revised Route Structure I Fare Structure
Resolution 04-316
Award Bid I Seniors Center & Annex Roof I Mechanical & Electrical
Alterations (Miscellaneous)
Mike Duehring, 5757 Country Club Road, representing Northern Metal & Roofing, West
Bend, expressed his concerns regarding the process of alternate bids for the roofing portion
of the project to save money.
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Proceedings of the Common Council-September 15, 2004
Council Member Castle questioned if there was a recommendation from staff regarding the
alternative bid. He also questioned how the agent was paid.
Mr. Kinney, Director of Community Development responded.
Council Member Poeschl questioned if the back up bid was opened with the other bids or at
a later time.
Mr. Kraft responded.
Council Member Esslinger expressed his concerns regarding the confusion with the bidding
process. He questioned if the city could re-bid the project with a completion date of spring
2005.
Council Member Mattox questioned if the consultant recommended what was best for the
city. She also questioned if the roofing portion of the project was re-bid, would Northern
Metal & Roofing be at a disadvantage.
Resolution 04-317
Resolution 04-318
Resolution 04-319
Resolution 04-320
Resolution 04-321
Accept Easements / Fernau Avenue Area
Approve Preliminary Plat / Blackbird Acres
Accept Change Order No. 1/ Public Works Contract No. 04-07
(Vinton Construction, Increase, $35,561.15)
Approve Agreement / Wisconsin Department of Transportation /
Universal Drive & State Highway 44
Amend Agreement / Engineering Consulting Services /Intake &
Transmission / Main & Plant Improvements / Water Filtration Plant
Council Member Esslinger questioned if the consultant or the city was responsible for the
deficiencies listed in the memo.
Mr. Patek responded.
Resolution 04-322
Resolution 04-323
Resolution 04-324
Approve Fund Transfer / Approve Reimbursement / Utility Extension
Northwest Industrial Park
Disallow Claim / Akin
Disallow Claim / R. Bauer
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Resolution 04-325
Disallow Claim 1 F. Bauer
Proceedings of the Common Council-September 15, 2004
Resolution 04-326
Resolution 04-327
Resolution 04-328
Resolution 04-329
Resolution 04-330
Resolution 04-331
Resolution 04-332
Resolution 04-333
Resolution 04-334
Resolution 04-335
Resolution 04-336
Resolution 04-337
Resolution 04-338
Resolution 04-339
Resolution 04-340
Resolution 04-341
Resolution 04-342
Resolution 04-343
Resolution 04-344
Resolution 04-345
Resolution 04-346
Disallow Claim 1 Carlson
Disallow Claim 1 Collier
Disallow Claim 1 Demler
Disallow Claim 1 Due
Disallow Claim 1 Frank
Disallow Claim 1 Fretschl
Disallow Claim 1 Gorski
Disallow Claim 1 Harra
Disallow Claim 1 Hawkins
Disallow Claim 1 Heitz
Disallow Claim 1 Jungwirth
Disallow Claim 1 Kelly - Geiger
Disallow Claim 1 Kiser
Disallow Claim 1 Klabunde
Disallow Claim 1 Kramer
Disallow Claim 1 Kuehn
Disallow Claim 1 Larie
Disallow Claim 1 Marg
Disallow Claim 1 Marshall
Disallow Claim 1 Moesch
Disallow Claim 1 Nimke
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Resolution 04-347
Disallow Claim 1 Nienhaus
Resolution 04-348 Disallow Claim 1 Oblewski
Proceedings of the Common Council-September 15, 2004
Resolution 04-349
Resolution 04-350
Resolution 04-351
Resolution 04-352
Resolution 04-353
Resolution 04-354
Resolution 04-355
Resolution 04-356
Resolution 04-357
Resolution 04-358
Resolution 04-359
Resolution 04-360
Resolution 04-361
MOTION:
CARRIED:
Resolution 04-316
MOTION:
MOTION:
CARRIED:
Disallow Claim 1 Pope
Disallow Claim 1 Richardson
Disallow Claim 1 Ruck
Disallow Claim 1 Schmidt
Disallow Claim 1 Slover
Disallow Claim 1 Stenson
Disallow Claim 1 Stowe
Disallow Claim 1 UWO
Disallow Claim 1 Wallace Furniture
Disallow Claim 1 Wendler
Disallow Claim 1 Zink
Approve Appointments
Approve Miscellaneous City Licenses
ADOPT CONSENT AGENDA EXCLUDING RESOLUTION
04-316 (Esslinger; second, F. Tower)
Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle,
B. Tower, Harris
Award Bid 1 Seniors Center & Annex Roof 1 Mechanical & Electrical
Alterations (Miscellaneous)
ADOPT (Esslinger; second, F. Tower)
DIVIDE RESOLUTION 04-316 INTO:
RESOLUTION 04-316A - ROOF;
RESOLUTION 04-316B - MECHANICAL 1 ELECTRICAL
(Poeschl; second, Esslinger)
Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
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Harris
Proceedings of the Common Council-September 15, 2004
MOTION:
LOST:
MOTION:
CARRIED:
ADOPT RESOLUTION 04-316A 1 ROOF (Esslinger; second, F.
Tower)
Noes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
ADOPT RESOLUTION 04-316B 1 MECHANICAL 1 ELECTRICAL
(Esslinger; second, F. Tower)
Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
Council Member Poeschl stated he would like to see the roof portion of the project re-bid
with completion in 2005.
Mr. Wollangk and Mr. Kinney responded.
Public Agenda Discussion
Resolution 04-363
Repeal Liquor Liability Insurance Requirement
Steve Dedow, representing the Labor Council, expressed his concerns regarding the burden
to non-profit organizations in obtaining the insurance. He stated those events help the
community and the city should encourage those events.
Dave Wagner, 1742 Knapp Street, stated he was in favor of repealing the liquor liability
Insurance.
Mayor Harris explained the insurance requirement.
Action Taken on Ordinances and Resolutions
Resolution 04-362
MOTION:
CARRIED:
Approve Final Resolution 1 Hobbs Avenue 1 Cold Mix Asphalt Overlay
ADOPT (Esslinger; second, F. Tower)
Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
Council Member Mattox questioned if residents from Hobbs Avenue provided
communication regarding their street improvement preference.
Mr. Patek responded.
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Proceedings of the Common Council-September 15, 2004
Resolution 04-363
Repeal Liquor Liability Insurance Requirement
MOTION:
CARRIED:
ADOPT (F. Tower; second, Esslinger)
Ayes (5) F. Tower, Mattox, Castle, B. Tower, Harris;
Noes (2) Poeschl, Esslinger
Council Member Esslinger expressed his concerns regarding the insurance. He explained
that he would not support removing the liability insurance. He also questioned if this would
be a conflict of interest for the Mayor due to his employer.
Mayor Harris explained.
Council Member B. Tower explained that the city would be responsible after the coverage.
He stated the probability of risk was low enough to remove the insurance requirements.
Mr. Kraft responded.
Council Member Mattox questioned if the insurance requirement could be added when the
state statutes change making the city liable.
Mayor Harris explained that the risk factor is not significant to justify the cost for liquor
liability insurance.
Citizen Statements
Ken Bender, 806 Oak Street, expressed his various concerns in the community.
Ellen Schmidt, representing Oshkosh Sawdust Days, thanked the Council for their support.
Gordon Doule, 1225 Summit Avenue, explained he tries to educate the public about
important issues in the community.
Tony Palmeri, 212 W. Parkway Avenue, urged Council to pass legislation to not purchase
equipment from the Leach Company.
Mayor Harris explained that the issue was pre-mature at this time.
Council Member Esslinger stated that nothing could be resolved until the situation changed.
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Council Member Poeschl stated he would support legislation depending on the final outcome
of the Leach Company.
Steve Dedow, 353 Oregon Street, stated his concerns regarding manufacturing companies
phasing out of the community.
Proceedings of the Common Council-September 15, 2004
Bob Poeschl, 202-A W. Parkway Avenue, expressed his concerns regarding the lack of jobs
being brought to the community.
Leon Schaffer, 865 Greenfield Trail, stated the City Manager form of government worked for
the community at one time but there needs to be a change in the future.
Steve Barney, 1335 Summit Avenue, expressed his various concerns regarding smoking.
Council Member Statements
Council Member Mattox stated the various events that would be taking place in the
community. She questioned why the county was not paying for the improvements on Witzel
Avenue.
Mr. Wollangk responded.
Council Member Esslinger questioned if citizens and council members should refrain from
discussing the referendum question until after the election. He also questioned if the staff
could do a study to find the vacancy rate for rental units. He requested that the bathrooms
for Riverside Park Development be removed from the Capital Improvement Program.
Mr. Kraft responded.
Mayor Harris responded.
Council Member Poeschl stated that originally he supported the Pride of Oshkosh lion
display but due to procedural changes he would no longer support the project.
Council Member F. Tower questioned if staff could move a Capital Improvement Project
from 2005 until 2006.
Mr. Wollangk responded.
Council Member Castle explained that the Council only approved the placing of the lions.
Mayor Harris stated that council members may mention activities or events in the community
but it has no direct effect on those organizations. He explained that with the budget the
Council would be making tough decisions on projects, fees, taxes, and services.
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Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk requested a workshop after the September 28,2004 Council Meeting to
discuss the financing of the storm water utility.
Proceedings of the Common Council-September 15, 2004
MOTION:
CONVENE INTO CLOSED SESSION IN THE CITY MANAGER'S
OFFICE TO DISCUSS THE STATUS PRESENT AND
PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A
LAND SALE IN THE SOUTHWEST INDUSTRIAL PARK
PURSUANT TO SECTION 19.85(1 )(E) OF THE WISCONSIN
STATE STATUTES. (F. Tower; second, Esslinger)
Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
CARRIED:
There was no other business before the Council.
MOTION:
CARRIED:
ADJOURN (Castle; second, F. Tower)
VOICE VOTE
The meeting adjourned at 8:27 p.m.
PAMELA R. UBRIG
CITY CLERK
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