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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday September 11, 2007 at 6:00 p.m. In the Council
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony
Palmeri, Dennis McHugh and Frank Tower
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft,
City Attorney and David Patek, Director of Public Works
Council Member Bain asked for a moment of silence in memory of September 11th prior to
reading the invocation.
The Pledge of Allegiance was led by Nickolas Geffers and Noah Leib from Oshkosh Christian
School; and, Marshall Conger and Eli Fuller from Trinity Lutheran School.
Public Hearings
The Mayor ordered the following Public Hearing:
Resolution 07-241 Amend Chapter 30 Zoning Ordinance I Off-Street Parking & Loading
Facilities
There were no appearances and the Public Hearing was CLOSED.
FIRST READING; LAID OVER UNDER THE RULES
Consent Agenda
The minutes of the August 28,2007 meeting were approved as presented.
The Report of the City Manager was read.
Council Member Palmeri questioned why the total amount of bills was not presented in the
Report of the City Manager.
Mr. Wollangk explained that the City Clerk presented that information following the Report
of the City Manager.
Ms Ubrig explained that the information was not available until the day of the meeting.
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Proceedings of the Common Council- September 11, 2007
The bills were presented in the amount of $4,112,546.09.
The Report of the City Clerk was read.
Resolution 07-242 Approve Agreement with State of Wisconsin 1 Pandemic Influenza
Resolution 07-243 Dedicate Street Right-of-Way 1 Idaho Street Adjacent to 748 West 4th
Avenue
Resolution 07-244 Grant Conditional Use Permit 1135 Church Avenue
Council Member McHugh questioned if the residents of the apartment building were notified
regarding the intended use of the building.
Council Member Palmeri questioned the sign notification policy. He stated concerns with the
lack of communication between the property owner, the future business owner and the tenants.
Council Member King explained that the contractual relationships between landlords and
tenants normally explained the notification requirements and responsibilities. She explained
that tenant concerns could be resolved under private contract law.
Council Member Bain stated that he agreed with Council Member King.
Darryn Burich, Director of Planning Services, explained the notification process for a
Conditional Use Permit (CUP).
Barbara Young, 725 N. Washburn Street, explained her limitations related to communication
with the current tenants of the building. She explained the time line of her offer to purchase
and her intended plans for the property.
Mr. Kraft cautioned that Council was coming close to interference with a private business
contract.
Resolution 07-245 Approve Amendment to Bonds 1 Oshkosh Elderly Housing Authority 1
Gabriels Villa Housing Facility
Resolution 07-246 Authorize Jurisdictional Offer & Award of Damages (if necessary)
Wisconsin Street Bridge
Resolution 07-247 Approve Change Order No. 11 Public Works Contract No. 07-05 (Michels
Corporation, Decrease: -$17,889.37)
Resolution 07-248 Approve Amended Agreements with Department of Transportation:
A) STH 44 - Witzel Avenue - Fox River Bridge ($627,600.00)
B) STH 44 - South Park - Witzel Avenue ($1,696,090.00)
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Proceedings of the Common Council- September 11, 2007
Council Member Palmeri questioned if the lighting and sidewalk costs were previously
approved. He stated concerns related to the fact that the City was required to pay 100% for
the decorative lighting and colored sidewalk. He suggested the option to find alternate funding
and questioned if other Council Members shared his views. He asked various questions
related to a public/private partnership.
Council Member McHugh questioned if the City was paying the difference between standard
lighting and decorative lighting.
Council Member Esslinger explained that he had the same concerns as Council Member
Palmeri and he questioned the dollar amount.
Council Member King questioned if there would be additional cost due to design changes.
Mr. Patek explained that the costs for street lighting, plantings and colored sidewalks were
previously approved. He reviewed the costs from the previous agreement and explained the
Department of Transportation's rules. He explained that the City was responsible for payment,
but funding could be obtained from other sources.
Mr. Wollangk explained that the bridge and the bridge approach were two separate contracts.
Resolution 07-249 Approve Amendment to Agreement with CH2M Hill / Kaempfer for
Professional Engineering Services Relating to Demolition & Modification
to Water Filtration Plant ($178,720.00)
Resolution 07-250 Award Bid / Centrifugal Vertical Pumps for Wastewater Broad Street -
Lift Station (LW Allen Inc., $55,566.00)
Steve Barney, 1260 Elmwood Avenue, questioned the pump efficiency.
Steve Brand, Superintendent of Utilities, explained that the manufacturers of the equipment
used high efficiency motors.
Resolution 07-251 Award Bid / Service Body Water Distribution Center (Monroe Truck
Equipment, $35,978.00)
Tim Rupiper, representative of Casper Company, stated his concerns with the recommended
bid. He explained his company's product and warranty. He urged Council to consider their
bid.
Troy Redford, representative from Monroe Truck Equipment, explained the difference between
the products offered by Monroe Truck Equipment and Casper Truck Equipment.
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Proceedings of the Common Council- September 11, 2007
Council Member Palmeri questioned the durability and reparability related to the product
offered from Casper Truck Equipment. He questioned laws governing competitive bidding. He
explained that it was not considered micromanaging to accept a lower bid. He questioned why
the proposal from Monroe Truck Equipment was considered more advantageous than the bid
from Casper Truck Equipment. He explained that he did not consider it a risk to accept the
lower bid offered by Casper Truck Equipment.
Council Member McHugh questioned if there was a specific warranty requirement associated
with the bid package. He explained that Casper Truck Equipment did not meet the required
specifications. He stated his support for the bid to be awarded to Monroe Truck Equipment.
Council Member Esslinger questioned the warranty offered by Monroe Truck Equipment. He
questioned the extent of the five year warranty offered by Casper Truck Equipment. He
explained his support for the bid to be awarded to Monroe Truck Equipment.
Council Member King explained that the circumstances involved in the bid process were
unique. She explained that she researched the company and the materials for Casper Truck
Equipment. She explained the history and the service program of the manufacturer for the
recycled material service body. She explained that the specifications were written to not allow
for an alternative product. She stated that the City should consider product alternatives that
were more efficient, more cost advantageous and that were exploring new technologies that
would reduce the environmental footprint. She stated her opposition to the recommended bid
and explained her support for an amendment.
Council Member Tower stated that it was important for Council to be mindful of micromanaging
and he explained that Council could direct staff to be sensitive to environmental issues.
Mr. Patek explained that a one year warranty was requested in the bid package. He expressed
concerns with equipment failure in the later years of usage. He explained that Casper Truck
Equipment's product was untested and he explained that the products were not equal. He
explained that the recommendation to accept the bid from Monroe Truck Equipment was in the
best interest of the City.
Mr. Kraft explained the two types of bidding the City conducted. He explained that the
proposed purchase was governed by Chapter 12 of the Municipal Codes and he explained that
there was not a requirement to award a contract to the lowest bid.
Resolution 07-252 Approve Membership in State Insurance Fund for Property Insurance
Resolution 07-253 Disallow Claim / Dillman
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Proceedings of the Common Council- September 11, 2007
Resolution 07-254 Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-244,
07 -248 AND 07-251 (Esslinger; second, Palmeri)
CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Resolution 07-244 Grant Conditional Use Permit /135 Church Avenue
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Resolution 07-248 Approve Amended Agreements with Department of Transportation:
A) STH 44 - Witzel Avenue - Fox River Bridge ($627,600.00)
B) STH 44 - South Park - Witzel Avenue ($1,696,090.00)
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (5) Bain, Tower, King, McHugh, Mayor Tower;
Noes (2) Esslinger, Palmeri
Resolution 07-251 Award Bid / Service Body Water Distribution Center (Monroe Truck
Equipment, $35,978.00)
MOTION: ADOPT (Esslinger; second, McHugh)
MOTION: AMEND TO AWARD BID TO CASPER TRUCK EQUIPMENT (Palmeri;
second, King)
LOST: Ayes (2) King, Palmeri;
Noes (5) Bain, Esslinger, Tower, McHugh, Mayor Tower
VOTE ON MOTION TO ADOPT:
CARRIED: Ayes (6) Bain, Esslinger, Tower, Palmeri, McHugh, Mayor Tower;
Noes (1) King
Laid Over Ordinances
Ordinance 07-255 Create Annual Permit for all Night Parking & Approve Fee with Exception
MOTION: ADOPT (Bain; second, Esslinger)
MOTION: AMEND SECTION 1 (1) 9 MONTH PERMIT FROM SEPTEMBER
THROUGH MAY; 3 MONTH PERMIT FROM JUNE THROUGH AUGUST
& SECTION 2 (1) 9 MONTH PERMIT - $90.00; 3 MONTH PERMIT -
$30.00 (Bain; second, Esslinger)
CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
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Proceedings of the Common Council- September 11, 2007
VOTE ON AMENDED ORDINANCE:
CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Council Member Bain thanked all involved for their input. He explained the purpose of the
ordinance.
Mayor Tower questioned the monthly time frames.
Council Member Esslinger thanked Council Member Bain and Chief Greuel for the amendment.
Action Taken on Ordinances and Resolutions
Ordinance 07-256 Approve Traffic Regulations
MOTION:
CARRIED:
ADOPT (Esslinger; second, McHugh)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Ordinance 07-257 Approve Voluntary Attachment / Westowne Centre
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Ordinance 07-258 Approve Voluntary Delayed Attachment / Grota-2863 Homestead Drive
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Council Member King questioned the petitioner's reason for the delay.
Mr. Wollangk explained that a reason was not required. He explained that the border
agreement allowed for voluntary delayed attachments.
Ordinance 07-259 Amend Public Nuisance Ordinance / Chapter 17
FIRST READING; LAID OVER UNDER THE RULES
Ken Bender, 806 Oak Street, explained his concerns.
Resolution 07-260 Approve & Execute Relocation Order; Determination of Necessity to
Acquire Property; Authorize Acquisition, Dedicate Street Right-of-Way /
Jackson Street & Murdock Avenue Intersection Improvements
MOTION:
CARRIED:
ADOPT (Esslinger; second, Palmeri)
Ayes (5) Bain, Tower, King, Palmeri, Mayor Tower;
Noes (2) Esslinger, McHugh
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Proceedings of the Common Council- September 11, 2007
Council Member Esslinger questioned if the cost of relocation and demolition of the building
was included. He questioned if the public should be educated on the subject of roundabouts
prior to approval.
Council Member McHugh explained that citizens were not familiar with roundabouts and they
did not support them. He explained that it was not an expenditure that had to be made at this
point in time.
Mr. Patek explained that the resolution merely allowed authorization to start the condemnation
process. He explained the process. He explained that Mr. Bertrand from the Department of
Transportation (DOT) had stated at a prior meeting, that there would be extensive public
education.
Mr. Wollangk explained the process to obtain the required property. He explained that in the
future the DOT would have informational educational sessions with the public.
Resolution 07-261 Approve Allocation / Project Plan Amendments:
Amendment #4 - TIF #7 Southwest Industrial Park
Amendment #2 - TIF #9 Washburn Street
MOTION:
ADOPT (Esslinger; second, Bain)
MOTION:
CARRIED:
LAYOVER UNTIL SEPTEMBER 25,2007 (Esslinger; second, Palmeri)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Council Member Palmeri asked for clarification. He reviewed the three possible options noted
in the memo from Mr. Kinney. He expressed a concern that it would be better to receive the
information from the scheduled Closed Session, pertaining to litigation to the 100 Block
Project, prior to voting on the resolution. He questioned if the meeting could be adjourned and
reconvened again after obtaining the information from the Closed Session. He questioned the
possible risks involved with the scenario.
Council Member McHugh questioned if the tax dollars were being directed toward the payoff
of a failed loan. He explained his opposition to the resolution.
Council Member Tower questioned the consequences if the item was laid over.
Mr. Kinney, Director of Community Development, explained that dollars from Tax Increment
District (TID) #7 and TID #9 were being donated to TID #16. He explained that with the donor
format both of the districts would close on schedule. He explained that there would be no
consequences involved if the item was laid over to the next council meeting..
Mr. Kraft explained that the meeting could not be adjourned and resumed because the meeting
was not noticed to allow for the Council to reconvene in open session following a closed
meeting.
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Proceedings of the Common Council- September 11, 2007
Mayor Tower explained options available for reconsideration at the next council meeting.
Resolution 07-262 Approve US Mayors Climate Protection Agreement
MOTION:
CARRIED:
ADOPT (Bain; second, Palmeri)
Ayes (5) Bain, Tower, King, Palmeri, Mayor Tower;
Noes (2) Esslinger, McHugh
Steve Barney, 1260 Elmwood Avenue, stated his support for the resolution.
Andy Robson, 1630 Chestnut Street, stated his support for the resolution.
Shirley Mattox, 1313 Jackson Street, stated her support for the resolution.
Mayor Tower explained the background and stated that it was a positive step for the City.
Council Member McHugh reviewed the items listed in the document and explained that the
Council would be rubber stamping opportunities that the City was already attentive to.
Council Member Bain explained that upon approval of the resolution the City of Oshkosh would
be the first City in the Valley and northeast Wisconsin to sign the agreement. He explained
that the City needed to be more proactive in promoting their achievements. He stated his
support for the resolution and thanked everyone involved.
Council Member King stated her support for the resolution and explained that she would
continue to bring sustainability issues to the Council.
Council Member Palmeri thanked Mayor Tower for being open to the discussion of
sustainability issues. He stated his support for the resolution.
Council Member Esslinger explained that the agreement had good intentions and he reviewed
the items listed in the document. He questioned the cost of implementation. He stated his
opposition to the resolution.
Council Member Tower stated his support for the resolution. He explained that he would not
support items only because of sustainability but it would be a factor in his decision making.
Citizen Statements
Daniel Lynch, 310 S. Eagle Street, expressed concerns related to smoking issues.
Ken Bender, 806 Oak Street, expressed various community concerns.
Jeremiah Housworth, 750 Bismarck Avenue, expressed concerns related to cold mix overlay
on Idaho Street.
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Proceedings of the Common Council- September 11, 2007
Dan Luebke, 1837 Olive Street, questioned the ownership of City property other than parks.
He questioned why landlords were responsible for water bills. He expressed concerns with
defaults on TIF's.
Steve Barney, 1260 Elmwood Avenue, questioned the status of the Energy/Environment
Committee.
Mayor Tower explained that the petition for Idaho Street was received and there would be a
resolution at the next council meeting. He explained that applications for the Energy/
Environment Committee had been received.
Mr. Kraft explained that state law allowed the City to send water and sewer bills to property
owners and he noted that the tenants of residences were unknown.
The Council took a break at 8:35 p.m. and resumed at 8:40 p.m.
Council Member Statements
Council Member King announced that the 2nd Annual Roseanne Hoefel 5K Run/Walk/Roll for
Diversity was scheduled for October 13th. She challenged the community to extend support
for diversity causes.
Council Member Palmeri explained he would suspend his comments.
Mayor Tower explained Council Member McHugh would suspend his comments. He asked for
workshop requests. He stated he would not be available for the October 23rd council meeting.
MOTION: ADOPT THE INTERIM CITY MANAGER POSITION ADVERTISEMENT
TO SPECIFY COLLEGE DEGREE AS A REQUIREMENT (Palmeri;
second, Mayor Towe0
CARRIED: Ayes (4) Bain, Tower, King, McHugh;
Noes (3) Esslinger, Palmeri, Mayor Tower
MOTION: AMEND TO THE CANDIDATE WILL HAVE EXPERIENCE IN MUNICIPAL
GOVERNMENT (Esslinger; second, McHugh)
LOST: Ayes (2) Esslinger, Palmeri;
Noes (5) Bain, Tower, King, McHugh, Mayor Tower
MOTION: ADOPT THE INTERIM CITY MANAGER POSITION ADVERTISEMENT
(Bain; second, McHugh)
Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Mayor Tower explained that two resumes for the position of interim City Manager were
distributed to Council and he explained that Council Member King had prepared a draft
document of the job description.
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Proceedings of the Common Council- September 11, 2007
Council Member King explained two typos in the draft. She explained the process for the draft
document.
Mr. Kraft cautioned that to have an explicit statement denoting that certain classes of
candidates were excluded ran counter to the equal opportunities employment acts of both the
Federal and State Governments. He explained that state law did not require criteria for an
acting/interim City Manager. He explained that final candidate applications for City Manager
were public documents. He gave a history of past official appointments for City Manager. He
explained that if the position was not filled by October 13th the Council would be required to
appoint an acting City Manager at the meeting of October 9th. He explained that telephone
interviews could be taped with approval from the candidates. He explained that the process
and the criteria for the selection of the position had to be accomplished through public
meetings. He explained that it was the Council's decision as to whether benefits would be
included in the compensation package.
Mr. Wollangk explained that John Fitzpatrick, Director of Administrative Services, could assist
the Council. He offered a possible time frame for the process.
Discussion ensued on the procedures, the criteria, and the time line to select an Interim City
Manager. Council Member Bain explained that it was inappropriate to prohibit a council
member to participate in the procedure due to daytime work commitments. It was decided that
Mayor Tower and Council Member King, along with direction from Mr. Fitzpatrick, would
proceed with the job description document. The following time lines were established; October
5, 2007, applicants have letter of intent, resume and three references to Human Resources;
October 9, 2007, special meeting and closed session at 3:30 p.m. in Room 310; October 9,
2007 regular meeting with closed session review applications for Interim City Manager at 6:00
p.m. in Council Chambers (at this meeting - Acting City Manager would be announced);
October 11, 2007, special meeting with closed session / phone interviews with applicants
(Interim City Manager) at 4:30 p.m. in City Manager's office; October 13, 2007, special meeting
with closed session / conduct interviews with finalist at 10:30 a.m. in City Manager's office;
October 16,2007 special meeting / announce Interim City Manager at 6:00 p.m. in Council
Chambers.
MOTION: CONVENE INTO EXECUTIVE SESSION PURSUANT TO
SECTION 19.85(1) (e) FOR COMPETITIVE AND / OR
BARGAINING REASONS TO DISCUSS THE POTENTIAL
RESOLUTION OF MATTERS PERTAINING TO THE 100 BLOCK
PROJECT AND PURSUANT TO SECTION 19.85(1 )(g) TO
CONFER WITH LEGAL COUNCIL WHO WILL GIVE LEGAL
ADVICE WITH RESPECT TO LITIGATION PERTAINING TO THE
100 BLOCK PROJECT IN WHICH THE CITY IS AND/OR MAY
BECOME INVOLVED. (Tower; second, Esslinger)
CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
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Proceedings of the Common Council- September 11, 2007
MOTION: ADJOURN (Esslinger; second, McHugh)
CARRIED: VOICE VOTE
The meeting adjourned at 10: 15 p. m.
PAMELA R. UBRIG
CITY CLERK
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