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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday December 12,2006 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 Ben and Nick Smith from S1. Francis Cabrini Elementary
School.
Public Hearings
The Mayor ordered the following Public Hearings:
Approve Final Resolution / Utilities / Westowne Avenue and North Washburn Street
There were no appearances and the Public Hearing was CLOSED.
Approve Final Resolution / Sanitary Sewer Laterals / Franklin Street and Otter Avenue
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the November 28, 2006 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $3,008,162.54.
The Report of the City Clerk was read.
Resolution 06-356 Grant Privilege in Street / Grant Easement /2551 Waukau Avenue
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Proceedings of the Common Council- December 12, 2006
Mayor Castle stated the Resolution was withdrawn at the request of the petitioner.
Resolution 06-357 Grant Conditional Use Permit 1 Approve Final Planned Development 764
and 770 Elmwood Avenue
William Frueh, 1310 Fairview Street, was present to answer questions of the Council.
Council Member Bain explained he would vote present due to his employers' involvement.
Mr. Kraft responded.
Council Member Mattox stated financial and staffing concerns regarding the development. She
questioned the accountability of the project and questioned if the development would be open
to the general public.
Resolution 06-358 Award Bid 1 Chemicals for Water Treatment and Wastewater Plants for
2007 (Various)
Council Member Mattox questioned if bids for chemicals included transportation costs.
Mr. Wollangk responded.
Resolution 06-359 Award Bid 1 Pickup Truck 1 Riverside Cemetery (Various)
Resolution 06-360 Award Bid 1 Skid Steer Loader 1 Electrical Division (Fabco Equipment,
$57,109.00)
Resolution 06-361 Approve Final Resolution 1 Utilities 1 Westowne Avenue and
North Washburn Street
Council Member McHugh questioned the time frame for the project.
Mr. Patek responded
Resolution 06-362 Approve Final Resolution 1 Sanitary Sewer Laterals 1 Franklin Street
and Otter Avenue
Council Member McHugh questioned the time frame for the project.
Mr. Patek responded.
Resolution 06-363 Approve Change Order No. 21 Public Works Contract No. 05-13
(Northeast Asphalt, Decrease, $121,076.39)
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Proceedings of the Common Council- December 12, 2006
Resolution 06-364 Approve Change Order No. 11 Public Works Contract No. 06-06
(Fischer-Ulman Construction, Inc., Increase, $67,469.61)
Council Member McHugh questioned if the overage from Contract 05-13 could be applied
to the shortage of Contract 06-06.
Mr. Patek and Mr. Wollangk responded.
Resolution 06-365 Authorize General Obligation Refunding Bonds 1 Series 2006-D
Mayor Castle asked Mr. Wollangk to comment on the bond issues. He stated that there was
better pricing on the general obligation refunding bonds than on the water revenue bonds. He
questioned when fund equity was used.
Mr. Wollangk responded.
Resolution 06-366 Authorize Refunding 1 Water Revenue Bonds 1 Series 2006-E
Resolution 06-367 Approve Democratic and Republican Election Inspectors
Mayor Castle stated the Resolution was withdrawn.
Resolution 06-368 Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-357
(Esslinger; second, Scheuermann)
CARRIED: Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh,
Castle
Resolution 06-357 Grant Conditional Use Permit 1 Approve Final Planned Development - 764
and 770 Elmwood Avenue
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (6) Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle;
Present (1) Bain
Action Taken on Ordinances and Resolutions
Ordinance 06-369
Approve Zone Change 1 764 and 770 Elmwood Avenue
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (6) Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle;
Present (1) Bain
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Proceedings of the Common Council- December 12, 2006
Council Member Bain explained he would vote present due to his employers involvement.
Ordinance 06-370 Approve Traffic Regulations
MOTION: ADOPT CONSENT AGENDA (Esslinger; second, Bain)
MOTION: DIVIDE RESOLUTION 06-370 INTO:
RESOLUTION 06-370A - EVERYTHING EXCEPT PAY AND DISPLAY;
AND, RESOLUTION 06-370B PAY AND DISPLAY MACHINES (Tower;
second, Bain)
CARRIED: Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh,
Castle
MOTION: ADOPT RESOLUTION 06-370A - EVERYTHING EXCEPT PAY AND
DISPLAY (McHugh; second, Esslinger)
CARRIED: Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh,
Castle
MOTION: ADOPT RESOLUTION 06-0370B - PAY AND DISPLAY MACHINES
(Esslinger; second, Bain)
LOST: Ayes (1) Esslinger;
Noes (3) Mattox, McHugh, Castle;
Present (3) Bain, Tower, Scheuermann
Grady Bullington, 1039 Algoma Boulevard, expressed concerns with pay and display
machines.
Robert Prehn, 1057 Algoma Boulevard, stated his objections to the pay and display machines
in a residential neighborhood.
Kristine Bradish, 1049 Algoma Boulevard, stated her objections to the pay and display
machines.
Joe Bloom, 800 Algoma Boulevard, stated that Mark Huddleston, Director of Transit, promised
him there would not be any more signs on Algoma Boulevard. He stated there would be one
pay station on Algoma, which would be 5'6" tall, 12" wide and 16" deep. He stated Mr.
Huddleston and the University were prepared to offer one parking permit to each of the
residents. He stated that the University supported the installation of the pay stations because
they were part of the solution to alleviating the parking problem. He explained that in the fall
of 2004 the City and the University had partnered to install pay stations on High Avenue and
Osceola Street and the trial proved to be successful.
Harvey Moss, 916 Vine Avenue, stated his objections to the pay and display machine.
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Proceedings of the Common Council- December 12, 2006
Council Member Mattox questioned the various parking concerns and explained she would
not support the Ordinance.
Mayor Castle questioned the normal parking situation when the University was not in
session. He stated he would not support the Ordinance.
Council Member Bain explained he would vote present however, he would not support
placing the machines in a residential area.
Council Member McHugh explained there were similar parking concerns at the high schools.
He stated he would not support the Ordinance. He questioned the University's participation in
the program.
Mr. Wollangk responded.
Council Member Scheuermann stated that there were valid arguments to support the pay and
display machine, however she did not support the present proposal. She explained she would
vote present.
Ordinance 06-371 Change Council Meeting Date 1 Time in December 2007
MOTION: ADOPT (Esslinger; second, Bain)
MOTION: AMEND RESOLUTION 06-371 - TO CANCEL THE MEETING
(Esslinger; second, Scheuermann)
CARRIED: Ayes (6) Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle;
Noes (1) Bain
VOTE ON ORDINANCE AS AMENDED:
CARRIED: Ayes (6) Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle;
Noes (1) Bain
Council Member Esslinger stated that a noon meeting following the holiday was not in the best
interest or beneficial for all who attend. He stated that City Staff indicated to him that if
anything of importance came up a meeting could always be scheduled.
Council Member McHugh stated it was important not to have staff manipulate or delay items
for the sake of the Council.
Council Member Bain expressed concern on projecting too far out past the current year.
He said he did not support canceling a meeting a year in advance.
Council Member Scheuermann asked for clarification. She questioned the staffing of City
Hall during the holidays. She stated her support for the amendment.
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Proceedings of the Common Council- December 12, 2006
Mayor Castle stated that in the past there had never been anything of high importance at
the meetings directly following Christmas. He explained that a special meeting could be
called if necessary.
Council Member Mattox questioned the time line to call special meetings.
Mr. Wollangk responded.
Resolution 06-372 Cancel December 27,2006 Council Meeting
FIRST READING
MOTION:
SUSPEND RULES FOR CONSIDERATION (Esslinger; second,
Scheuermann)
Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh,
Castle
CARRIED:
MOTION:
CARRIED:
Adopt (Esslinger; second, Bain)
Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh,
Castle
Council Member Bain questioned if there was anything on the agenda at this point.
Mr. Wollangk responded.
Council Member Tower explained in the Council Member comments he was going to discuss
the initial process for the City Manager's evaluation and suggest that there be a closed session
after the meeting of December 27,2006, however that meeting could be moved to January 9,
2007.
Mayor Castle explained that December 27, 2006 was a scheduled work day for him and a
scheduled noon meeting would be during lunch.
Council Member Scheuermann questioned if the material from Mr. Tower could be distributed
at the present meeting.
Resolution 06-373 Amend Solid Waste Collection
FIRST READING; LAID OVER UNDER THE RULES
Resolution 06-374 Determination of Necessity to Acquire Properties:
a) 422 Baldwin Avenue
b) 423 East New York Avenue
c) Lot West of 423 East New York Avenue
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Proceedings of the Common Council- December 12, 2006
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) Esslinger, McHugh
Council Member McHugh questioned if the issue was resolved regarding notification to
property owners.
Mayor Castle stated it was important that the city departments communicate the
information.
Mr. Wollangk responded.
Resolution 06-375 Approve 2007-2009 Non-Represented Compensation
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) Esslinger, McHugh
Council Member Esslinger stated he would not vote in support of the Resolution. He explained
it mirrored some of the union contracts. He stated a concern with non-represented people
representing the City Council in negotiations with the union representatives. He questioned
if Council Members were precluded from attending the negotiation meetings. He also
questioned how the Council could legally be included in the negotiations if they desired to be
in attendance. He explained his job was to represent the citizens of the community and he
would be more comfortable voting on the contracts if council members were included in
discussions.
Council Member McHugh explained the school district negotiation process. He questioned
why some contracts were settled before the negotiations were completed with all five unions.
Mayor Castle stated that all union members were not included in the negotiation process and
those members voted on what was presented by their team negotiators. He stated it was
important to have confidence in City Staff.
Council Member Tower stated he thought there was more involved than trust and he too would
like to know what the legalities were. He explained it would be worthy of discussion.
Council Member Bain stated a benefit of the non-represented was that they were able to
implement a higher premium in the category of health insurance.
Mr. Kraft and Mr. Wollangk responded.
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Proceedings of the Common Council- December 12, 2006
Resolution 06-376 Approve Labor Contract 1 Oshkosh Police Supervisors
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) Esslinger, McHugh
Citizen Statements
Mayor Castle cautioned Mr. Doule of the five minute rule.
Gordon Doule, 1225 Summit Avenue, stated various community concerns.
Council Member Statements
Council Member Bain explained that the notes from the October 31,2006 Fifth Tuesday Forum
were available on his web site and available in City Hall. He explained that in regard to the
request for proposals for an audit of the City only one proposal was returned. He explained
there were two options available. One option was an in depth productivity assessment and
bench mark study at an expense of approximately $127,500.00 and the second option was a
two phase productivity assessment at a cost of approximately $34,900.00. He asked Council
to review the materials, which would be discussed further at the meeting of January 9, 2007.
Council Member McHugh questioned the proposed 180 day plan for the new river project. He
stated it was misleading, he thought there was a time frame of six months for a plan to be
developed.
Mayor Castle explained the river project situation. He stated he was a member of the RDA
(Redevelopment Authority) and he was present at the meeting when the Commission advised
Staff to draw up a document to give Cherokee 180 days from the time a contract was executed.
Council Member Tower explained the City portion of the property tax bills. He explained that
a duty of the Deputy Mayor was to coordinate the evaluation of the City Manager and it was
time to initiate the process. He distributed packets to the Council Members and asked them
to review the material to be discussed on January 9, 2007.
Council Member Mattox announced a style show to be held in tribute to George Procknow at
the Grand Opera House on March 11,2007. She stated the new Downtown Business Guide
was recently published. She announced that a Gallery Walk would be held January 6, 2007.
Council Member Esslinger asked Mr. Wollangk to explain and clarify the City tax bills.
Mr. Wollangk responded.
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Proceedings of the Common Council- December 12, 2006
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk announced that there was an article in the Appleton Post Crescent recognizing
the Oshkosh Transit System. He noted that the City was the lowest cost in the State's transit
system. He explained that negotiations with the Town of Nekimi were close to a boundary
agreement, which would result in growth to the City. He reminded Council of the Workshop
Meeting to be held following the close of the Council Meeting.
Mayor Castle commented on a recent bus ride he had to the Fox River Mall at the cost of
$1.75.
MOTION:
CARRIED:
ADJOURN (Esslinger; second, Scheuermann)
VOICE VOTE
The meeting adjourned at 7:50 p.m.
PAMELA R. UBRIG
CITY CLERK
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