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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday October 9, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain, Paul Esslinger 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 Tower read the invocation. The Pledge of Allegiance was led by Blake Ahrens from Martin Luther School; and, Hannah Olesen and Erron Spiegel from Grace Lutheran School. A proclamation was presented by Mayor Tower declaring the period of October 8-13, 2007 "Earth Charter Community Summit Days" in the City of Oshkosh. A proclamation was presented by Mayor Tower declaring the week of October 7-13,2007 "Fire Prevention Week" in the City of Oshkosh. Public Hearing The Mayor ordered the following Public Hearing: Ordinance 07-276 Amend Chapter 30 Zoning Ordinance I Home Occupation There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the September 25,2007 meeting were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $5,855,718.42. The Report of the City Clerk was read. 1 Proceedings of the Common Council- October 9, 2007 Resolution 07-277 Authorize Submittal' Environmental Protection Agency (EPA) Brownfields Assessment Grant Application Resolution 07-278 Dedicate Right-of-Way 'Insurance Way Extended Resolution 07-279 Approve Street Name Change to Abraham Lane Resolution 07-280 Grant Privilege in Street' West 23rd Avenue & Minnesota Street Resolution 07-281 Set Public Hearing Date to Vacate Portion of Arthur Avenue Resolution 07-282 Grant Conditional Use Permits; Approve Planned Developments: A) 310-316 North Koeller Street & 350 North Koeller Street B) 280 Ohio Street C) 1773 South Washburn Street Resolution 07-283 Approve Change Order No.1, Public Works Contract No. 07-04 (Vinton Construction Co., Increase, ($151,992.61) Resolution 07-284 Approve Initial Resolution - Coldmix Asphalt Paving' Smith Avenue West of Mount Vernon Street Resolution 07-285 Approve Initial Resolution - Sanitary Sewer' Adjacent to Sawyer Creek (Fox Tail Lane to Clairville Road) Resolution 07-286 Authorize Submittal of Application for 2008 Wisconsin DNR Recycling Efficiency Incentive Grant Resolution 07-287 Approve Agreement with Strand Associates, Inc. for Hazel Street' East New York Avenue Sanitary Sewer Interceptor ($91,600.00) Council Member McHugh questioned the disqualification of bids. Mr. Patek explained that the resolution involved a proposal and he explained that the recommended agreement was determined by the scope of the work. He explained the review process for the proposals. Resolution 07-288 Award Bid' Sewer Jetting Vac Machine for Wastewater Utility (Envirotech Equipment, $248,827.00) Bruce Ward, representative of Northern Sewer Equipment, W10417 Hubblenton Road, Waterloo, WI, stated that the company had submitted a bid on the project and he explained areas to be considered prior to awarding the bid to the recommended lowest bid. He explained the justification of their bid over the life of the unit. He explained that his contacts had been with the using department and fleet management. He explained that discussion had included 2 Proceedings of the Common Council- October 9, 2007 the technical aspects and the operation of the equipment. Council Member Palmeri asked Mr. Patek for feedback on statements made by Mr. Ward. He questioned the process of bid openings. He explained that when data supported the fact that a product had a greater return it should be considered. Council Member Tower questioned if Mr. Ward had discussion related to return of the investment with the individuals he had contacted within the City. He explained his support for the item to be laid over. Council Member McHugh commented on the cost of the equipment. Council Member Esslinger stated his support for the item to be laid over. He explained that facts to substantiate claims should be included in future bids/proposals. Council Member Bain questioned what factors were considered in determining the most advantageous bids/proposals. He expressed concerns with further review of staff's recommendations. Mr. Patek explained that the only knowledge he had regarding Northern Sewer Equipment was the information provided in the purchasing agent's memo. He explained that if there were questions the item could be laid over. John Fitzpatrick, Director of Administrative Services, explained that Don LaFontaine, Purchasing Agent, discussed the issue with the recommended bidder. He explained that there were no previous discussions brought forward to the purchasing division by Mr. Ward or the company that he represented. Mr. Wollangk explained the process for recommendations of bids/proposals. Resolution 07-289 Authorize Grant Application - Wisconsin Department of Natural Resources Urban Forestry Grant Resolution 07-290 Disallow Claim / Reukauf Resolution 07-291 Disallow Claim / Yenter Resolution 07-292 Approve Appointments Council Member Esslinger questioned the current process for appointments. He explained that the Mayor brought forward appointments and he explained a desire for all candidates to be reviewed by the Council. He explained that in the case of the Redevelopment Authority appointment there was only one applicant, however in the current situation there were several viable applicants. 3 Proceedings of the Common Council- October 9, 2007 Council Member McHugh stated his support for the item to be laid over and he explained his concerns regarding long-term appointees versus other qualified candidates. Council Member Palmeri stated his opposition to laying over the item. He referred to a previous situation regarding an appointment to the Redevelopment Authority. He explained that the Mayor had acted within his authority to appoint an applicant and the Council had acted within its authority to review the applicant. He explained that in this situation if the appointment was not acceptable the Council had the option to vote against the recommendation. Council Member Bain explained that the role of the Council was to either confirm the recommended appointment or to vote it down. Council Member Tower stated his support for the appointment. He explained that it was not necessary for the Council to re-evaluate all the candidates. Resolution 07-293 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-288 AND 07 -292 (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower Resolution 07-288 Award Bid / Sewer Jetting Vac Machine for Wastewater Utility (Envirotech Equipment, $248,827.00) MOTION: ADOPT (Esslinger; second, Bain) MOTION: CARRIED: LAYOVER UNTIL OCTOBER 23,2007 (Palmeri; second, King) Ayes (4) Tower, King, Palmeri, Esslinger; Noes (3) McHugh, Bain, Mayor Tower Resolution 07-292 Approve Appointments MOTION: ADOPT (McHugh; second, Esslinger) MOTION: LOST: LAYOVER UNTIL OCTOBER 23,2007 (Esslinger; second, McHugh) Ayes (2) McHugh, Esslinger; Noes (5) Tower, King, Palmeri, Bain, Mayor Tower VOTE ON RESOLUTION: CARRIED: Ayes (5) Tower, King, Palmeri, Bain, Mayor Tower; Noes (2) McHugh, Esslinger Laid Over Ordinances 4 Proceedings of the Common Council- October 9, 2007 Resolution 07-294 Amend Public Nuisance Provisions Affecting Property Usage MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND SECTION 17 -38(A) BY ADDING THE WORDS "TO THE DEPARTMENT/DIVISION HEAD" (Bain; second, Mayor Tower) CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower MOTION: DIVIDE ORDINANCE INTO: PART A - SECTION 17-38 AND SECTION 17 -36(E) AND (A); PART B - SECTION 17 -35(C) (Palmeri; second, Esslinger) WITHDRAWN MOTION: CARRIED: MOTION: CARRIED: MOTION: CARRIED: MOTION: LOST: MOTION: CARRIED: ADOPT SUBSTITUTE AMENDMENT #1 (Bain; second, Mayor Tower) Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower AMEND SUBSTITUTE AMENDMENT #1 SECTION 17 -38(A) BY ADDING THE WORDS "TO THE DEPARTMENT/DIVISION HEAD THEN" (Bain; second, Mayor Towe0 Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower DIVIDE ORDINANCE (SUBSTITUTE AMENDMENT #1) INTO: PART A - EVERYTHING EXCEPT 17-35(C); PART B -17-35(C) (Palmeri; second, Esslinger) Ayes (5) Tower, King, Palmeri, McHugh, Esslinger; Noes (2) Bain, Mayor Tower ADOPT 07 -294A (SUBSTITUTE AMENDMENT #1) (Esslinger; second, Bain) Ayes (3) Bain, Esslinger, Mayor Tower; Noes (4) Tower, King, Palmeri, McHugh ADOPT 07 -294B (SUBSTITUTE AMENDMENT #1) (Bain; second, Esslinger) Ayes (6) Tower, King, Palmeri, Bain, Esslinger, Mayor Tower; Noes (1) McHugh Ken Bender, 806 Oak Street, expressed his opinions related to the use of plastic as window weatherization. Jennifer Sonnstrum, Government Affairs Director for the Realtors Association of Northeast Wisconsin, questioned why housing maintenance provisions were included in nuisance ordinances. She explained that the items would be more appropriate for the community housing code. She questioned the definition of various terms and the intended guidelines and parameters. She expressed concerns that an established policy was now being introduced into 5 Proceedings of the Common Council- October 9, 2007 the ordinance and she explained that the proposals were expanding the Nuisance Ordinance. She expressed concerns related to the possible extreme implementation of the ordinance. Mayor Tower expressed concerns related to objectivity and subjectivism. He questioned the appropriate use of exterior plastic materials related to weatherization issues and he questioned the abatement process. He questioned the process for citizen complaints and the time frame allowed for compliance. Council Member Bain questioned if the changes would allow for the use of products and materials that were specifically designed for temporary weatherization. He questioned the general terms related to non-building type nuisances. He questioned the citation process. He questioned the placement of the items in the Nuisance Ordinance versus the Housing Code. He questioned if other entities were involved in the drafting of the ordinance changes. He explained that it would be beneficial to have the Apartment Association and/or the Realtor's Association involved in future related changes. He expressed concerns related to the written report of findings. Council Member McHugh expressed concerns with items that were not included in the ordinance change. He questioned the intended definitions and ambiguity of specific terms. He questioned the notice procedure and the billing process. He questioned the authority to enter upon the premises. He expressed concerns with the effect of the ordinance change as it related to the Near East Neighborhood. Council Member Palmeri expressed concerns that the Apartment Association and/or the Realtor's Association were not contacted and he questioned the status of the relationship between the Associations and the Division of Inspection Services. He questioned the number of individuals responsible for the report of findings and he explained that too many individuals were involved in the report process. He expressed concerns that some of the language was vague and overbroad. He expressed concerns that the language was altered to address a situation with a specific individual. He expressed concerns on strained relationships with the Inspection's Division and other entities. Council Member Esslinger questioned the steps related to the abatement process. He explained that the ordinance changes were positive and that they established set standards. He explained that claims of inappropriate staff behavior needed to be documented. Council Member Tower explained that it would be beneficial to have the Apartment Association and/or the Realtor's Association involved in future dialogue. He questioned if Ms. Sonnstrum's concerns related to the proposed changes or with the overall ordinance. He explained that it would not be possible to define all terms and he explained that good judgement would need to be exercised. Allyn Dannhoff, Director of Inspection Services, explained that the revision regarding the fire limit district standards was merely a clean up issue. He explained that there were manufactured products available to be used as window insulator kits and he explained the intent of the proposal to clarify the language. He explained the procedure for the expedited 6 Proceedings of the Common Council- October 9, 2007 abatement process and he explained tentative compliance dates. He explained the intent to procure compliance rather than issue citations. He explained the Division of Inspection Service's policies and procedures and he explained the intended application of the code. He explained that the Minimum Housing Code (Chapter 16) only applied to rental properties. He explained the ordinance as it related to the Division of Inspection Services and explained that the code also served other departments. He explained past interaction with the Apartment Association and he explained that they encouraged dialogue with the association. He stated that he was not aware of any contact with the Realtor's Association. Action Taken on Ordinances and Resolutions Ordinance 07-295 Approve Zone Change - North Koeller Street, South of 1825 Taft Avenue & North of 450 - 480 North Koeller Street MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower Ordinance 07-296 Approve Zone Change - 350 North Koeller Street, 310 - 316 North Koeller Street & Portion of 1807 Southland Street MOTION: CARRIED: ADOPT (McHugh; second, Esslinger) Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower The Council took a break at 8:05 p.m. and resumed at 8: 15 p.m. Mayor Tower explained that per council rules citizens could not discuss items noticed on the agenda including items listed under Council Member Statements. Resolution 07-297 Approve Advisory Referendum Question / Municipal Government MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND WORDING TO "VOTE FOR ONLY ONE OPTION"; ADD/CHANGE WORDING IN OPTIONS A AND B; AND DELETE C AND D; a.) TO MAINTAIN THE PRESENT FORM OF A FULL TIME CITY MANAGER WITH PART-TIME MAYOR AND WITH SIX (6) COUNCIL MEMBERS ELECTED AT LARGE, UNDER CHAPTER 64 OF WISCONSIN STATE STATUTES b.) TO CHANGE THE PRESENT FORM TO ELECT A FULL-TIME MAYOR AS CHIEF EXECUTIVE OFFICER OF THE CITY, WITH SEVEN (7) ALDERPERSONS ELECTED BY DISTRICT BASED ON POPULATION, UNDER CHAPTER 62 OF WISCONSIN STATE STATUTES (Palmeri; no second) LOST: LACK OF SECOND MOTION: TABLE (McHugh; no second) 7 Proceedings of the Common Council- October 9, 2007 LOST: LACK OF SECOND MOTION: LOST: AMEND FROM APRIL 1, 2008 TO NOVEMBER 4, 2008 (Mayor Tower; second, McHugh) Ayes (1) Mayor Tower; Noes (6) Tower, King, Palmeri, McHugh, Bain, Esslinger VOTE ON ORIGINAL RESOLUTION LOST: Ayes (3) Palmeri, McHugh, Esslinger; Noes (4) Tower, King, Bain, Mayor Tower Bob Cornell, 548 W. Smith Avenue, expressed concerns with the number of options and the possible interpretation of the results. Dan Rylance, 602 E. Parkway Avenue, recommended word changes to simplify the proposed referendum. He explained that the referendum should not include multiple choices. Council Member Palmeri questioned Mr. Rylance's suggestions. He explained his support for a simplified version of the resolution. Ken Bender, 806 Oak Street, explained that the referendum question should be simplified. Mark Manske, 1453 Witzel Avenue, stated his opposition to the resolution. He explained that petitions should be initiated by citizens not by council members. William Manske, 300 Division Street, stated his opposition to the resolution and questioned if Council's motive was to deter applicants from applying to the open position for city manager. He explained that it was up to citizens to circulate petitions for a referendum. Council Member Esslinger explained that the structure of the Council allowed council members or citizens to come forward with resolutions. He explained that the resolution was initiated because the city needed leadership and he explained that the referendum was advisory. He explained that the intent was for the public to express their opinions. He explained that the referendum could ultimately increase voter turnout for the April 2008 election. He explained the petition process and the signature requirements. He questioned the process if the item was moved to the November 2008 ballot. Council Member Tower stated his opposition to the process of a questionnaire and he explained that it was up to citizens to initiate petitions. He stated that any type of government the people wanted could work and he explained that the issue was to get people in office and to proceed with the necessary city business. He explained that the Council was responsible for helping to lead the City and to help in developing a vision for the City. He expressed concerns with the lack of budget discussions and he explained that the Council needed to focus. 8 Proceedings of the Common Council- October 9, 2007 Council Member McHugh explained that the advisory referendum question was not a frivolous issue. He explained that having the question on the ballot was the simplest and most effective manner to relay the issue to the general public. He questioned the associated costs for the April ballot. Council Member King stated her opposition to an advisory referendum question. She explained that supporters for a change of government should draft the question and place it on the ballot. Council Member Bain questioned the time line for approval of an item to be placed on the April 2008 ballot. He explained that if Council was going to bring an item forward for the ballot it should be done after discussions with citizens to determine public input. Mayor Tower explained that he could understand both sides of the issue. He expressed concerns with the usual low voter turnout for April elections. He explained the time frame in placing the referendum question on the ballot for November 2008. Ms Ubrig explained that the deadline was in January 2008. She explained that she could not cite an exact cost because there were other items on the ballot. She explained that there were incurred costs for the ballots, publications and programming. Resolution 07-298 Appoint Acting City Manager MOTION: ADOPT (Esslinger; second, Bain) MOTION: CARRIED: APPOINT JOHN FITZPATRICK (Palmeri; second, Esslinger) Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower Mayor Tower explained the background to the resolution. He explained that the issue of compensation would be discussed in closed session. Council Member Esslinger questioned if an increase in compensation was appropriate. Mr. Kraft stated that he would have to look at that particular question. Citizen Statements Daniel Lynch, 310 S. Eagle Street, expressed concerns related to smoking issues and the lack of police enforcement related to underage smoking near Oshkosh West High School. Bob Cornell, 548 W. Smith Street, expressed concerns related to the Council micro managing decisions made by staff. Shirley Barbender Mattox, 1313 Jackson Street, thanked Mr. Wollangk for his many years of service as City Manager. 9 Proceedings of the Common Council- October 9, 2007 Cheryl Jacklin, 408 Monroe Street, expressed concerns related to street improvements that were not continued on the entire street and with the lack of street lights in some areas. Joe Malecki, 1308 Menominee Drive, expressed concerns with items moving forward too quickly without the benefit of citizen input. Dan Luebke, 1837 Olive Street, expressed concerns related to fire pits. Council Member Statements Council Member King explained that Council should consider allowing citizens to speak to items noted in Council Member Statements. She announced that on October 10th there would be a community event, "Building Sustainable Communities", sponsored by the League of Women Voters. She explained various Earth Charter Summit activities and she explained that Mayor Tower would be signing the US Mayor Protection Agreement. She explained that other activities for the week could be viewed on the UW-Oshkosh web site. She explained that the Roseanne Hoefel 5K Diversity Run would take place October 13th. She expressed interest in creating public policy related to the issue of community relations with citizen groups that wish to make monetary donations for projects in the city's recreational areas and how they relate to the comprehensive plans and community involvement. She explained that in regard to the Miller Bay Fishing Pier citizens had until November 25, 2007 to voice their lack of support for the project. She explained that the Administrative Law Judge that made the decision regarding the DNR permit for the pier stated that they could proceed with the pier. She explained that the gift donated by the Otter Street Fishing Club could be reconsidered due to the fact that at the city's level of government citizens were not noticed and there had been no discussion as to whether or not that particular gift fit within the comprehensive plan. Council Member Palmeri explained that public discussion related to the 100 block of North Main Street was no longer necessary due to the fact that Mr. Kraft had forwarded a memo to Council explaining his point of view. He explained that he would ask Mr. Kraft to comment on that memo at the next council meeting. He suggested that the speaking order for councilors should follow the same order as the voting rotation. Council Member Bain questioned the date related to the Miller Bay Fishing Pier. He explained that regarding the speaking order on actionable agenda items it would be beneficial for the initiator of the proposal to speak first to relate the background of the item. Council Member Tower expressed a concern with the rotation of speakers creating a sense of obligation for councilors to speak to each item. He explained that discussion should have the opportunity to go back and forth. Council Member McHugh explained that relating to the speaking order of Councilors he would prefer to hear from the initiator of the proposal first or the discussion could become redundant. He questioned the status of the Near East Workshop. 10 Proceedings of the Common Council- October 9, 2007 Mayor Tower asked for workshop requests. He explained that he would not be available for the next council meeting. He explained that the Near East Workshop would be scheduled after budget completion. He stated that the previous time table established for the Interim City Manager was still current and he would notify those involved of any revised times. He thanked Mr. Wollangk for his years of service and wished him well in his next endeavors. Whatever Else is Pertinent or for the Good of the City 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 COUNSEL WHO WILL GIVE LEGAL ADVISE WITH RESPECT TO LITIGATION PERTAINING TO THE 100 BLOCK PROJECT IN WHICH THE CITY IS INVOLVED; AND PURSUANT TO SECTION 19.85(1 )(c) OF THE WISCONSIN STATE STATUTES TO DETERMINE FINALISTS FOR THE POSITION OF INTERIM CITY MANAGER AND SECTION 19.85 (1) (e) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION TO DETERMINE THE INTERVIEW QUESTIONS AND ANSWERS FOR THE POSITION OF INTERIM CITY MANAGER. (Tower; second, Esslinger) CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower MOTION: ADJOURN (Esslinger; second, Bain) CARRIED: VOICE VOTE The meeting adjourned at 9:42 p.m. PAMELA R. UBRIG CITY CLERK 11