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HomeMy WebLinkAbout091306 ~ OJHKOJH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Wednesday September 13, 2006 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members, Bryan Bain, Paul Esslinger, Burk Tower, Shirley Mattox, Meredith Scheuermann, Dennis McHugh and William Castle ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Bain read the Invocation. The Pledge of Allegiance was led by Courtney Kaderly from Green Meadow Elementary School; and, Lucas Weber, Trevor Brown and Alex Patchak from Lakeside Elementary School. A proclamation was presented by Mayor Castle declaring September 24,2006 as "Responsible Dog Ownership Day" in the City of Oshkosh. Consent Agenda The minutes of the August 22, 2006 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $6,101 ,328.73. The Report of the City Clerk was read. Resolution 06-266 Grant and Accept Easements: A) Progress Drive B) Progress Drive & W. Fernau Avenue Area C) 1115 W. South Park Avenue Resolution 06-267 Dedicate Street Right-of-Way I W. South Park Avenue-northeasterly of 1115 of W. South Park Avenue Resolution 06-268 Approve Street Lay Out I Rath Lane Extension Council Member Tower asked for an explanation of the project. Mr. Wollangk responded. 1 Mayor Castle questioned if the Council was approving the layout and mapping of the project. Proceedings of the Common Council- September 13, 2006 Council Member Esslinger questioned how much money the City would receive for the sale of the property to the Department of Transportation. Mr. Patek responded. Council Member Mattox questioned if the property was zoned commercial and if there would be growth in the area. She questioned if a fence was necessary at the golf course. Council Member Scheuermann questioned if the timing was appropriate since the project would not start until 2009. Mr. Wollangk responded. Resolution 06-269 Authorize Jurisdictional Offers I North Washburn Street Resolution 06-270 Disallow Claim I Adena Resolution 06-271 Disallow Claim I Schweda Resolution 06-272 Disallow Claim I Lain Resolution 06-273 Approve Miscellaneous Licenses Council Member McHugh noted a correction to the spelling of "Lourdes High School Booster Club" . MOTION: CARRIED: ADOPT CONSENT AGENDA (Esslinger; second, Scheuermann) Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle Public Agenda Discussion: Resolution 06-276 Set Referendum to Set Garbage Fee for 2007 Ken Bender, 806 Oak Street, expressed his opposition to the garbage fee. Jim Lewandowski, 1730 Cliffview Drive, stated his opposition to the garbage fee. Resolution 06-277 Set Referendum to Exceed State-Imposed Levy Limit Kent Monte, 1251 Wheatfield Way, expressed his concerns with proposed cuts and the need for a study of City Departments. Ken Bender, 806 Oak Street, stated his opposition to the scare tactics that had been presented and that the City needed to control spending. 2 Carl Sosnoski, 2475 Knapp Street Road, stated his displeasure with the scare tactics. Proceedings of the Common Council- September 13, 2006 Action Taken on Ordinances and Resolutions Ordinance 06-274 Approve Parking Regulations FIRST READING; LAID OVER UNDER THE RULES Resolution 06-275 Authorize Water Meter Reading System MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (6) Bain, Tower, Mattox, Scheuermann, McHugh, Castle; Noes (1) Esslinger Council Member McHugh listed various concerns with the project. He explained the former supplier, Badger Meter, would no longer serve the City with equipment and supplies, so the City did not have a choice in the matter. He questioned the lack of securing long time guarantees from companies. He explained that the company did have a retrofit devise that could be applied to the meter. He questioned if the Purchasing Department should have been involved in the bidding process. He also stated concerns with an outside company installing the meters. He recognized Mr. Wolf for his years of service with the City. Mr. Wollangk and Mr. Kraft responded. Mayor Castle asked for clarification on the technology. He questioned if City employees would be installing the commercial meters. Council Member Bain questioned the related cost figures of various options along with the cost and resale value of brass piston meters. He also questioned how qualifications and specifications would be determined for the work to be contracted out. He questioned if City staff would be able to accomplish the future testing without additional assistance. He questioned the financial impact of extending the time frame and asked questions related to implementing the program over a fixed time period without contracting any of the work. Council Member Scheuermann thanked Staff for the previous related workshop. She questioned possible personnel changes. Council Member Esslinger questioned if the current meters had materials to be salvaged. He explained that because there are not many companies that had the product available this was a situation where government regulation should be implemented. He stated that this was not something the City could currently afford and could be delayed for the future. He stated there were other issues that needed to be addressed at this time. He explained it was pertinent to discuss the employees that had a potential to be cut at this time. Council Member Tower stated that the elimination of positions in personnel was not relevant to the current discussion. He stated that issue would be discussed during budget proceedings. 3 He questioned what affect delaying the project would have and how other communities addressed the issue. He explained that it was a hard judgement to make because money saved now could result in higher costs for the future. Proceedings of the Common Council- September 13, 2006 Jim Wolf, Superintendent of Water Distribution, explained options and responded to questions. Council Member Mattox questioned if there was a surcharge fee when Badger Meters first installed the meters. She also questioned rate increases and a graduated cost. Jeremy Mauer, Supervisor of Water/Sewer/Storm Records, explained the fixed costs and financial aspects of the system. Resolution 06-276 Set Referendum to Set Garbage Fee for 2007 MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle Council Member Bain asked for clarification that the referendum would only set the $0 garbage fee for 2007. Mayor Castle questioned if the petitioners could go to a judge if the item was voted down. Mr. Kraft responded. Resolution 06-277 Set Referendum to Exceed State-Imposed Levy Limit MOTION: ADOPT (Esslinger; second, Bain) MOTION: TO LAYOVER RESOLUTION 06-277 TO SEPTEMBER 19,2006 SPECIAL MEETING (Scheuermann; second, Castle) CARRIED: Ayes (4) Tower, Mattox, Scheuermann, Castle; Noes (3) Bain, Esslinger, McHugh Mayor Castle explained he brought forth the resolution after discussion with City Staff. He stated that if the referendum passed it would give the Council the ability to govern and make decisions. He stated he was requesting a 2010 tax increase. He questioned what other opportunities existed if the proposal was voted down. Mr. Kraft responded. Council Member Bain stated he would not support the resolution because it was premature to put a referendum on the ballot before budget discussions. He stated that the Council had the right and the obligation to discuss all items that were brought to the table. He explained that because an item was discussed that does not mean that it would happen. He stated that procedurally if the resolution was voted down in order for it to be brought back someone who 4 voted on the prevailing side would have to bring it back for reconsideration at the next meeting. He stated that because he did not know his availability for a special meeting he would have to vote it down. Proceedings of the Common Council- September 13, 2006 Council Member Tower asked for clarification on the dollar amount requested. Mr. Wollangk responded. Council Member Scheuermann questioned the necessary procedure for the item to be on the ballot. She explained she could not make a decision prior to the scheduled workshop and requested a special meeting. Mr. Kraft responded. Council Member McHugh explained the layover would only delay the inevitable. He stated that the public wants less government /Iess tax and that he would not support the layover. Council Member Esslinger explained that if the item goes to a referendum then the voters would get the opportunity to voice their thoughts. He stated it was clear to him that the public wants the garbage fee back on the taxes with no tax increase. Citizen Statements Gordon Doule, 1225 Summit Avenue, stated the City needed a Constitutional form of government and listed various concerns. Alan Irving, 1903 Fairview Street, questioned the number of departments within the City, if the City used a zero-based budget and how the budget was justified. Suzie Canziani, 80 Crimson Lane, stated her desire for the City Manager to notify the Winnebago Apartment Association of the date and time when the final draft of the Nuisance Ordinance would take place. She stated their desire to be a part of the solution to the ordinance. Council Member Scheuermann stated her concerns with the time spent on the ordinance and questioned why the item had not been brought forward yet. Mr. Wollangk responded. Ken Bender, 806 Oak Street, expressed his concerns with the park system and water utilities. He questioned if a sewer system would be installed for Ohio Street. Mr. Patek responded. Dick O'Day, 715 Hazel Street, questioned the cost of the meters, usage fees budget concerns and land purchases. 5 Carl Sosnoski, 2475 Knapp Street Road, asked for clarification on the process of the City using a zero-based budget. Mr. Wollangk responded. Proceedings of the Common Council- September 13, 2006 Council Member Statements Council Member Bain explained that the notes from the August 29th, "5th Tuesday Forum" were available. He stated that the next forum was scheduled for October 315\ but may need to be rescheduled. He presented an update on a meeting that was held regarding requests for proposals of a City audit. He explained a couple of different options and suggested a review of the information to decide cost factors. He stated that bids submitted to Osh-Buy could contain more information than just a dollar amount, such as long term value of the property. Council Member Esslinger stated that an external study would be his choice versus and internal study, and a hybrid study would be considerably less costly. He reviewed the Osh-Buy Policy and suggested it as a mechanism to implement land sales. He stated that based upon past correspondence form the Attorney General's Office the Council had been directed to notice any statements that Council Members would like to address. He stated that he respected Mr. Kraft's opinion, however his policy would now be to notice what he could in advance and to speak directly to other issues that may not be noticed in advance of the Council Meetings. Council Member Tower stated that the hybrid study would require some of the work to be completed internally, which would result in some additional cost to the City. He explained due to the complexities of some issues, he was not convinced that Osh-Buy was the best choice to sell surplus city owned property. He asked for an explanation of the seal coating process. He thanked the Oshkosh Jaycees and others for their involvement in the Children's Day Parade. Mr. Patek responded. Council Member McHugh stated that experts in the field were necessary to obtain a true reflection of the issue. He noted concerns with Council rules involving time frames in which to submit resolutions and to announce Council Member statements. Mayor Castle stated that the Council had previously received a presentation from the League of Municipalities and there was information available from various Tax Payers Alliance Groups so he did not see the value of a City audit at this time due to the financial situation of the City. He questioned who would determine the status of city owned surplus property. He stated he would recognize Council Member Statements if the Council Member would like to speak to an Issue. Council Member Scheuermann stated she would support having a standard process established for the sale of surplus City property. She questioned procedures established in other communities. She urged that the Council remain proactive, when possible, regarding 6 Council Member statements. Council Member McHugh supported an interest in advertising the sale of surplus property in whatever manner would result in more exposure. Proceedings of the Common Council- September 13, 2006 Council Member Mattox announced that Saturday September 16th was the beginning of the Oshkosh Symphony's 66th Season. She stated the weekend of September 22nd & 23rd would be "Fall Fest on the Fox" for UW-Oshkosh community celebration. She shared information on the International ProWalklProBike Conference that she attended in Madison. She stated that "Walk to School Day" would be observed October 4, 2006. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk recognized the Libraries new Teen Center and the national recognition received from the Washinaton Post. He stated the new touch screen voting equipment was used at the recent primary election. Ms. Ubrig explained that not only was the new TSX implemented, but the City also went live with the new statewide voter registration system. She stated on the overall, there was a positive feedback from voters who used the new touch screen equipment. She stated the poll workers would receive additional training in the future. Council Member Scheuermann stated the positive comments she had received on the new TSX voting machines and on the promptness of the election results. Council Member Tower questioned what the City actually paid for the new voting machines and he expressed his appreciation on the positive work of the City Clerk and her staff. Ms. Ubrig responded. Mayor Castle questioned what the final revenue and attendance figures were for the Pollock Community Water Park. Mr. Wollangk responded. MOTION: TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING AN ACQUISITION AND / OR LAND SALE IN THE CAMPBELL CREEK DRAINAGE BASIN AND THE BALDWIN AVENUE DRAINAGE BASIN PURSUANT TO SECTION 19.85(1 )(e) OF THE WISCONSIN STATE STATUTES. (Tower; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle 7 MOTION: ADJOURN (Esslinger; second, Bain) CARRIED: VOICE VOTE The meeting adjourned at 8:59 p.m. PAMELA R. UBRIG CITY CLERK 8