Loading...
HomeMy WebLinkAboutMinutes ~ OJHKOfH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Tuesday, November 13, 2007 at 6:00 p.m. In the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tony Palmeri, Dennis McHugh, Paul Esslinger, Burk Tower, Jessica King, and Frank Tower EXCUSED: Council Member Bryan Bain ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member Palmeri read the invocation. The Pledge of Allegiance was led by Tyler Kujawa and Alex Kujawa from Franklin Elementary School; and, Wyatt Gleissner and Mercedes Wilcox from Lincoln Elementary School. A proclamation was presented by Mayor Tower declaring the month of November 2007 "Prematurity Awareness Month" in the City of Oshkosh. Public Hearings The Mayor ordered the following Public Hearings: Hearing 2008 City Budget There were no appearances and the Public Hearing was CLOSED. Resolution 07-312 Approve Final Resolution - Coldmix Asphalt Paving / Smith Avenue West of Mount Vernon Street There were no appearances and the Public Hearing was CLOSED. Ordinance 07-313 Approve Zone Change /1393 Washington Avenue There were no appearances and the Public Hearing was CLOSED. MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (McHugh; second, Esslinger) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower 1 Proceedings of the Common Council- November 13, 2007 MOTION: CARRIED: ADOPT (Esslinger; second, Tower) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Ordinance 07-314 Approve Zone Change 11438, 1460 -1480 West South Park Avenue There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-315 Approve Zone Change 1 Portion of 2187 West 9th Avenue There were no appearances and the Public Hearing was CLOSED. MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Tower; second, McHugh) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower ADOPT (Esslinger; second, Palmeri) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Ordinance 07-316 Approve Zone Change 1 Southwest Corner West 19th Avenue & Oregon Street MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (King; second, Esslinger) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower ADOPT (McHugh; second, Esslinger) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Del Tritt, petitioner for the zone change, stated that he was not aware that the rules could be waived and he asked for that consideration. Council Member Esslinger explained that the zone change had been heard by the Plan Commission and adjacent properties had been notified. Consent Agenda The minutes of the October 23 and November 6, 2007 meetings were approved as presented. The Report of the Acting City Manager was read. The bills were presented in the amount of $5,737,602.80. The Report of the City Clerk was read. Ken Bender, 806 Oak Street, expressed his opinions regarding the claim submitted by Council Member Esslinger. 2 Proceedings of the Common Council- November 13, 2007 Resolution 07-317 Accept and Release Various Easements: A) 333 West 29th Avenue & 370 West Waukau Avenue B) 1650, 1656 & 1661 River Mill Road C) Quail Run Drive, East of 3115 Quail Run Drive Resolution 07-318 Grant Privilege in Street 1 800 Block Algoma Boulevard & 800 Block Elmwood Avenue Resolution 07-319 Grant Conditional Use Permit; Approve Planned Development 1 Washburn Street & Westowne Avenue Intersection Council Member McHugh questioned the height and the square footage of the sign. He questioned the maximum square footage allowed. He stated his opposition explaining that it would aesthetically detract from the area. Council Member Tower expressed concerns with the sign existing for two years. Darryn Burich, Director of Planning Services, explained that it would be a 1 0'x12' two sided sign and the overall height from the ground was 20'. He explained that the maximum square footage was dependent upon the parcel size. He explained that it was not a common occurrence, but due to extenuating circumstances he recommended approval. Council Member Esslinger explained that due to a conflict he would vote present. Resolution 07-320 Grant Conditional Use Permit; Approve Planned Development 11393 Washington Avenue Resolution 07-321 Grant Conditional Use Permit 1 2187 West 9th Avenue Resolution 07-322 Award Bid 1 Rainbow Park Boat Launch Ramp Extension (Radtke Contractors, $87,877.00) Council Member Palmeri questioned why only one bid was submitted. He questioned the bid process and courtesy packets. He questioned a recent payment to Radtke Contractors. He explained his reasoning for the questions. Mr. Fitzpatrick explained that three contractors were contacted for the bid and the other two contractors indicated that they were not interested due to their workloads. He explained that the City advertised for the bid opportunity and packets were sent to those that the City was familiar with. He questioned if Council Member Palmeri thought there was something inappropriate related to the bid. He stated that the bid was not inappropriately steered toward Radtke Contractors. 3 Proceedings of the Common Council- November 13, 2007 Tom Stephany, Director of the Parks Department, explained that courtesy bid packets were sent to contractors. He explained that the offer for bids was advertised in the Northwestern and in some trade journals. He explained that only one company submitted a bid. He explained the payment to Radtke Contractors was for a study that was conducted at Rainbow Park. He explained costs associated with the bid. Council Member McHugh explained the bid process and stated that Radtke did not have the knowledge as to whether other bids were submitted so it was unlikely that the bid would be affected. Resolution 07-323 Award Bid 1 Public Works Contract No. 07-151 Sanitary Sewer & Storm Sewer (Four-Way Construction of WI, Inc. $71,564.15) Resolution 07-324 Approve Change Order No. 2 1 Public Works Contract No. 06-02 1 Wastewater Utility Pump Station Upgrades (Strand Associates, Inc. -$2,655.00) Resolution 07-325 Approve Change Order No. 11 Public Works Contract No. 06-111 Storm Sewer, Sanitary Sewer, Water Main (Vinton Construction Co. $-31,444.29) Resolution 07-326 Approve Amendment No.2 to Agreement for Planning 1 Engineering Services Sawyer Creek Regional Detention Basin ($29,500.00) Resolution 07-327 Accept Homeland Security Grant 1 Radios for Oshkosh Fire Department ($13,631.00) Resolution 07-328 Approve Appointments Resolution 07-329 Disallow Claim 1 Frisch Resolution 07-330 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 07-319 (Esslinger; second, Tower) CARRIED: Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Resolution 07-319 Grant Conditional Use Permit; Approve Planned Development 1 Washburn Street & Westowne Avenue Intersection MOTION: LOST: ADOPT (Esslinger; second, Palmeri) Ayes (3) Palmeri, King, MayorTower; Noes (2) McHugh, Tower; Present (1) Esslinger 4 Proceedings of the Common Council- November 13, 2007 Action Taken on Ordinances and Resolutions Ordinance 07-331 Approve Traffic Regulations MOTION: CARRIED: ADOPT (Esslinger; second, Tower) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Council Member Palmeri questioned the logic for the speed limit change. Council Member Esslinger explained speed limits in relation to the criteria of the Department of Transportation standards and motorists judgements. Mark Huddleston, Director of Transit, explained that the speed was surveyed and it was determined that a Forty (40) miles per hour speed limit was safe for the Industrial Park arterial street. Mr. Fitzpatrick explained other factors that could be considered by traffic engineers. Ordinance 07-332 Approve Parking Regulations MOTION: CARRIED: ADOPT (Esslinger; second, Tower) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Ordinance 07-333 Approve Voluntary Delayed Attachment 1 Maximum Output MOTION: CARRIED: ADOPT (Esslinger; second, McHugh) Ayes (6) Palmeri, McHugh, Esslinger, Tower, King, Mayor Tower Council Member Palmeri asked for clarification. Jackson Kinney, Director of Community Development, explained that the purpose of the attachment was to obtain water and sewer service from the City. He explained that the terms of the agreement with the Town of Algoma allowed for a five year delay until final attachment. He explained that the property owner was responsible for payment of the services and the associated charges and at the end of the five years the property owner would also pay taxes to the City of Oshkosh. Resolution 07-334 Approve Renewal of Agreement 1 Town of Algoma Sanitary District MOTION: CARRIED: ADOPT (Esslinger; second, Tower) Ayes (5) McHugh, Esslinger, Tower, King, Mayor Tower; Noes (1) Palmeri 5 Proceedings of the Common Council- November 13, 2007 Council Member Palmeri explained that he had requested that the item be laid over from the last meeting to allow for review of the document. He questioned the provision for a technical review committee. He explained his opposition due to the lack of an official technical review committee. Council Member King explained her interpretation of the document. She explained that the terms of the agreement were met. Mr. Patek explained the review process. He explained that the engineering consultant from the township submitted their plans to the Engineering Division of the Department of Public Works and the plans were reviewed. Citizen Statements Ken Bender, 806 Oak Street, expressed various community concerns. Shirley Brabender Mattox, 1313 Jackson Street, suggested an ordinance change related to reconstruction projects to include tree planting. She explained the existence of a city nursery and the lack of funding. She explained the rebate program. Council Member McHugh asked for clarification on nurseries. He questioned the Eau Claire rebate program. Council Member Statements Council Member Palmeri questioned where to direct suggestions relating to future waterfront projects. He questioned why Council Member Esslinger was not represented by former City Attorney Kraft in his recent Department of Justice criminal investigation. He questioned the availability of legal representation for council members. He stated concerns related to council members expressing opinions and the possibility of necessary representation. He questioned under what conditions council members could be represented by the City. Council Member Esslinger questioned if future waterfront projects associated with the University could have problems similar to the issues at Titan Stadium due to the fact that UWO does not have to adhere to City Ordinances. He questioned the status of the Akcess project. He explained that he had contacted former City Attorney Kraft as to legal representation and he was informed that Attorney Kraft was instructed by the Department of Justice not to speak with him about the matter. Mr. Kinney explained that communication for projects located in the Akcess area should be directed to them because they were the Master Developer. He explained that Akcess was in the final stages for securing tenants for the office building and he stated that they had entered into agreement with the Supple Restaurant Group for the hotel project. He explained that there were many opportunities related to the development of the riverfront corridor. He explained that University facilities fall under the zoning control of the city but there were other possible aspects. 6 Proceedings of the Common Council- November 13, 2007 Ms Lorenson explained that the University does not have to conform with the City noise ordinance. She explained that the City tries to work cooperatively with the University, but the City can not enforce the rules. She explained that she was not aware that Council Member Esslinger asked Attorney Kraft for representation. She explained that normally there would be a review for the request of representation and a determination would be made as to whether or not representation by the City was warranted. She stated she would provide a general statement for council members related to the topic of legal representation. Council Member King announced that the second annual event "Take a Pie in the Face for United Way" would be held at Fratello's Lounge on November 28th. Council Member Tower announced the birth of Elliot Patrick Bain, son of Bryan and Amanda Bain. Mayor Tower announced that there were no citizens in attendance at the Fifth Tuesday Forum held October 31 st so notes were not available. He asked for future workshops. He explained that there would be a workshop related to Main Street because the project date was moved forward from 2011 to 2010. Whatever Else is Pertinent or for the Good of the City Mr. Fitzpatrick thanked everyone who conveyed positive comments about the City of Oshkosh and encouraging words to him since acceptance of the role as Acting City Manager. MOTION: CARRIED: ADJOURN (Esslinger; second, Tower) VOICE VOTE The meeting adjourned at 7:21 p.m. PAMELA R. UBRIG CITY CLERK 7