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HomeMy WebLinkAboutMinutes P C C ROCEEDINGS OF THE OMMON OUNCIL C O,W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday, April 8, 2008 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri and Mayor Frank Tower 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 McHugh read the Invocation. The Pledge of Allegiance was led by Ariana Jiricka and Grace Johnson from Oakwood Elementary School. Presentation of Awards: Mayor Tower presented the Pride of Place award to Jim Larson, chair of the organization.. He explained the organization was volunteers that d id a number of projects and was proud to acknowledge the actions that were making a difference in the community. He explained some of the projects: gateway beautification to the intersection at Algoma Boulevard and Congress Avenue; adoption of flower beds in City parks; Jackson Street gateway, planting in terraces, planters in the downtown district and the relief of the Oshkosh terrace tree program. Bill Wyman, explained the plan for the project “Light the Bridges”, which was to light all of the bridges on the river. He stated the cost of lighting each bridge was a little over $50,000, with plans to raise over $250,000 with the Oshkosh Area Community Foundation giving funds to assist in the project. Jeremy Monet thanked the Co uncil and stated the organization would be looking to the community for donations with 100% of all donations going to the bridge project. He explained there were brochures available with a section to make a donation. Representative Gordon Hintz stated Pride of Place was an organization to be recognized and was thrilled they won the award. A proclamation was presented by Mayor Tower declaring the week of April 21 -27 as “Earth Week” in the City of Oshkosh. 1 Proceedings of the Common Council – April 8, 2008 Public Hearing The Mayor ordered the following Public Hearing: th Ordinance 08-110 Approve Zone Change / South Main Street, West 8 Avenue, Nebraska th Street and West 9 Avenue There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the March 25, 2008 meeting were approved as presented. The Report of the City Manager was read. MOTION: AMEND REQUEST # 2 BY ADDING TWO CONDITIONS: REQUIRE THE FARMERS MARKET TO WORK WITH THE CHAMBER AND OAEDC ON LOCATION AND COORDINATION OF THE TWO EVENTS; AND FARMERS MARKET TO PROVIDE THE REQUIRED INSURANCE TO THE CITY PRIOR TO THE EVENT (Bain; second, Tower) CARRIED: Ayes (6) McHugh, Bain, Tower, King, Palmeri, Mayor Tower; Noes (1) Esslinger Council Member Bain stated Oshkosh Chamber was granted permission to utilize Oshkosh Square during the same time period as the request from the Farmers Market. He explained the conditions added were to help with the events not cause conflict. Council Member Esslinger stated he would not support the conditions regarding the Farmers Market. He explained the history of the Farmers Market being moved over the years. Council Member King questioned if there were concerns with the Chamber or OADEC in regards to their willingness to cooperate with the Farmers Market. She questioned what would happen if the request was approved and Farmers Market did not follow through with the insurance. She questioned if the Farmers Market currently held insurance or had it last year. She questioned if the activities were congruent last year. Council Member McHugh stated they had been moved under protest once before and felt they should be able to stay in the square. Ms. Lorenson stated she had communication with a representative from “Live at Lunch” and they indicated they would cooperate but had not been contact. She stated if the Famers Market did not provide insurance they would not be approved to utilize the square. She explained the previous year’s insurance was provided through the Bid Board and they would not provide it this 2 year. She responded the activities were congruent last year. Proceedings of the Common Council – April 8, 2008 Council Member Tower questioned request # 5, temporary access for Dumke on Ohio Street / Michigan Avenue. He was concerned that the approval of this request would set a precedent for the future. Council Member Palmeri stated that “temporary” meant seven months. He explained the area was residential except construction vehicles would use the access. He questioned would residents experience higher levels of traffic accruing for the next “temporary” period and would it be at all times of the day. He questioned if the residents were aware of the request. He questioned what would the alternate plan be if approval was not given. Mr. Patek explained that Dumke would access Michigan due to their property was near there. He stated it was a benefit to the State and the City to complete the project by allowing them to access during construction of Ohio Street. He explained the block for access was not a residential area, the area south was residential. He stated it was the back of the sanitation garage and the redevelopment authority owned the boat works property. He stated there would be more traffic and not all trucks were loud. He explained the residents would see higher traffic due to the sanitation division using Michigan Avenue for access. He explained if permission would not be granted the Department of Transportation would allow access on Ohio Street. The bills were presented in the amount of $3,368,623.75. The report of the City Clerk was read. th Resolution 08-111 Dedicate Right-of-Ways / West 20 Avenue and West South Park Avenue (STH 44) Resolution 08-112 Approve Initial Resolution Regarding Revenue Bond Financing to Benefit University of Wisconsin - Oshkosh Foundation, Inc. – Information with respect to the job impact of the project will be available at the time of consideration of the initial resolution Lynda Templen, representative from White, Herschbeck, Dudek, explained the Council was being asked to approve the initial resolution for financing an amount not to exceed $3,750,000 for a conduit with the UWO Foundation. She explained a conduit financing meant the City would lend its name and the bonds would be issued at a lower interest rate. She stated the bonds were not a liability to the City, if default would occur the bank would go after the borrower. She explained if there was a cost to the City it would be paid by the borrower. She stated it was a two step process, once Council approved the resolution, publication of notice to electors would be completed to begin documenting the bond issue and would then be brought back to Council in May for a public hearing and for consideration of a final resolution. She stated when the final resolution was approved the Foundation would move forward. She stated the whole budget was approved by legislature. She explained that legislature did not have to approve the funding only the state building commission and the university system. She stated legislature was not required due to any tax monies would be used, nor would the City be responsible. She explained the 3 provision of a referendum was by state statutes. She explained if not approved by Council it would still happen at a higher interest rate. Proceedings of the Common Council – April 8, 2008 Art Rathjen, UWO Foundation President, 2881 Pine Ridge R oad, Oshkosh, stated the Foundation would follow through with updates to the Council on the concerns of the citizens. He explained the main concern at the informational meeting was event management. He explained it would beneficial to have scheduled meetings in the future for those citizens with concerns. Council Member McHugh questioned if the bond process was an end run due to not having received funding from the state. He questioned if this would be approved by the legislature. Council Member Palmeri questioned why “exhibit A” was part of the resolution that allow ed citizens of the City to petition for a referendum on the bond issue. He questioned why legislature allows for a referendum that had no risk. He stated some citizens were opposed to the sports complex and if they wanted to they could choose to petition for a referendum but that would not stop the project from happening, only make it more expensive. He questioned if the Council approved the resolution, would the UWO Foundation pledge to provide Council with regular updates on how neighborhood concerns were being addressed. Resolution 08-113 Approve Initial Resolution – Sanitary Sewer Lateral and Driveway Aprons – Various Properties Resolution 08-114 Authorize Signing of Applications for Financial Assistance from State Of Wisconsin Environmental Improvement Fund Resolution 08-115 Waive Bids and Purchase Digital Photogra phy and Ground Elevation (Lidar) Information (Aero-Metric Inc in an amount not to exceed $105,000) Council Member Esslinger questioned if the City would get a better rate if the bidding was done by the City itself. He questioned what far superior meant and if the photos that were not done as well, correctable. He questioned criteria in the bid and if the work produced by the last vendor did not meet the criteria. Council Member McHugh questioned if the $105,000 was in aggregate or per participant. Mayor Tower questioned if the City would bid this out themselves, would they be looking at a four to five times increase in cost. Mr. Steve Gohde, Assistant Director of Public Works, stated this was a professional services contract. He stated they would be going back to a vendor that provided services previously and had done a superior job, the last bid done was at a lesser price and met the criteria, however, was not done to the level of expectation the City had anticipated. He explained the air photos were not rectified to match the base system for the City mapping, so when the City map would be placed over the aerial photo the sidewalks and right-a-ways would not line up correctly, the photos were much darker and harder to see details. He stated the $105,000 was the City’s portion for the photographs. 4 Resolution 08-116 Accept Proposal for Architectural Services – Central Fire Station Proceedings of the Common Council – April 8, 2008 Council Member McHugh questioned the future parking and space for amphitheater. He stated with the amphitheater and the expanded Convention Center there would be a desperate need for parking. He questioned if renovating the fire station verses the relocating of the building and use that space for parking. Council Member Esslinger stated to relocate the fire house would be in a small radius and there was no other location. Mr. Fitzpatrick stated that relocating the fire station on Ceape Avenue was unlikely to happen. He explained the new location would have to work in concert with all of the other fire houses and the response time would have to remain the same. Resolution 08-117 Award Bid / Modernization of Freight Elevator for Wastewater Treatment Facility (Otis Elevator Company $151,300.00) Resolution 08-118 Disallow Claim / Ruedinger Connie Ruedinger, 1149 W. South Park Avenue, stated her arguments for the bill she received for snow removal to her property. She stated the snow was removed and salt was put down on the ice as it showed melting in the picture she provided. Council Member Bain questioned the procedure for shoveling sidewalk complaints. He questioned if pictures were taken afte r the contractor finished and if the procedure would be altered so before and after pictures would be taken. Council Member McHugh stated the winter was a record year for snow removal and ice and the City needed to be flexible. He questioned if the City also cuts grass. Council Member King questioned how many people had been billed for shoveling. Mr. Patek stated pictures were not taken after work was completed and he would not recommend taking pictures after. He stated the City goes on a complaint basis. He explained when called all sidewalks in the area were checked and taken care of at that time. He stated there was a photograph taken prior to sending the contractor out. He explained the claim was for a snowfall in late December and while that property had ice the next property down had been shoveled. He explained the other pictures shown was ice accumulated in March. He stated the City does spot check the contractor. He explained the City has one of the lowest snow removal fees and it has been taken advantage of by landlords choosing to wait for complaints and pay $50 rather than paying each time it snows. He stated there were 40 snow removal lists, with approximately 50 individuals to a list. He stated recommendations for change in the snow removal process would be brought forward in June. 5 Resolution 08-119 Disallow Claim / Buss Resolution 08-120 Approve Appointments Resolution 08-121 Approve Miscellaneous Licenses Proceedings of the Common Council – April 8, 2008 MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM 5 OF THE CITY MANAGERS REPORT (REQUEST FOR TEMPORARY ACCESS); AND RESOLUTION 08-112 and 08-118 (Bain; second, Esslinger) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower MOTION: ADOPT REQUEST FOR TEMPORARY ACCESS (Bain; second, Esslinger) CARRIED: Ayes (6) McHugh, Bain, Esslinger, Tower, King, Mayor Tower; Noes (1) Palmeri Council Member Palmeri stated he would not to support the temporary access when there were other options available that were less intrusive to residents in the area. Mr. Patek stated if the concern was for the construction of their building, to modify if for just the construction traffic. He stated otherwise there would be a lot of additional traffic on all street in the Ohio Street area. Resolution 08-112 Approve Initial Resolution Regarding Revenue Bond Financing to Benefit University of Wisconsin-Oshkosh Foundation, Inc. MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 08-118 Disallow Claim / Ruedinger MOTION: ADOPT (Esslinger; second, McHugh) CARRIED: Ayes (4) Bain, Tower, King, Mayor Tower; Noes (3) McHugh, Esslinger, Palmeri Council Member Esslinger stated he agreed with the petitioner due to the fact the winter was record snow fall. He stated it did not need to be shoveled. Council Member King expressed her sympathies to the homeowner. She stated for precedent and value she would vote to disallow the claim. Council Member Tower stated he agreed with Council Member King. Council Member McHugh stated the claim was arbitrary. Action Taken on Ordinances and Resolutions 6 Ordinance 08-122 Approve Parking Commission Coordinator MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) McHugh, Bain, Esslinger, Tower, King, Mayor Tower; Noes (1) Palmeri Council Member Palmeri stated he would not support this position until the new City Manager would be hired and he/she may want some say in how to restructure in this area. Proceedings of the Common Council – April 8, 2008 Ordinance 08-123 Amend Fees / Health Services Division MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, Tower, King, Palmeri, Mayor Tower; Noes (2) McHugh, Esslinger Council Member McHugh stated he felt the process was not being handled correctly. He stated to make the budget, fees were being raised and he would not support the resolution. Ordinance 08-124 Approve Council Member / Mayor Salary Increase MOTION: ADOPT (Esslinger; second, McHugh) MOTION: TABLE (Palmeri; second, Esslinger) LOST: Ayes (2) Esslinger, Palmeri; Noes (5) McHugh, Bain, Tower, King, Mayor Tower MOTION: AMEND EFFECTIVE DATE OF APRIL 2010 (Esslinger; no second) LOST: LACK OF SECOND MOTION: AMEND $1,000 GO TOWARD THE MAYORS SALARY TO RAISE THAT FROM $3,000 TO $4,000 AND THEN THE REMAINING $3,000 WOULD BE SPLIT OVER THE SIX COUNCIL MEMBER RAISING THE SALARY $500 FROM $2,400 TO $2,900 (Esslinger; no second) LOST: LACK OF SECOND VOTE ON MOTION TO ADOPT CARRIED: Ayes (4) McHugh, Bain, Tower, Mayor Tower; Noes (3) Esslinger, King, Palmeri Council Member Esslinger requested a clarification on present Council Members benefiting from the increase. He stated this was currently not a budget cycle time and felt this should be done at a more difficult time when discussing raising taxes or laying off City staff. He stated in the past he was conservative with staff increases and he would do the same with Council. He stated 100% and 50% increases were not appropriate. He explained during last years budget Council added $4,000 for conferences and other expenses for Council Members, and suggested that money be used for Council salary increases. 7 Council Member Tower stated he made the proposal and waited until after the first of the year. He explained the last time Council Member salary was changed was 1995. He stated they looked at job descriptions; ran percents and CPI numbers had Administrative Services do a comparison of the communities. He stated the increases were conservative and there would not be an impact on the budget in 2008, with future budgets making adjustments. He stated tabling the issue would not accomplish anything. He stated last time it was tried was during budget and comments were made to wait until after the budget cycle was over. Proceedings of the Common Council – April 8, 2008 Council Member Palmeri questioned if departments would be making cuts in the budget due to the fact the n ext budget cycle would be challenging. He stated Council Member Tower was correct in stating there is never a good time to raise elected officials stipend. He stated he felt that some years were worse than others and 2009 was going to be one of those not so good years. He explained his thoughts of the comparison made between other cities. He stated he believed a raise was due and the proposed amount was not unreasonable but he would like to see it happen after the next budget cycle. He stated the Par Group was costing $15,000 and does not include other costs that would go with the City Managers search. He questioned the cost of arbitration with the unions and if the City were to lose most of the arbitrations and questioned if they go back and adjust the Police Department union. Council Member Bain stated his recollection from the budget cycle was to wait to increase the salaries. He stated he would not support tabling the issue. He suggested a committee made up of citizens to view the salary on a regular basis and bring recommendations back to the Council. Council Member King stated stipend review should be done by a citizen ad-hoc committee. She stated it was good for Council to increase the potential range for the City Manager and also to allocate fund for conferences and training for Council Members. Ms. Lorenson stated none of the Council Members would change with the election and three would benefit due to they were elected as “new” Council Members. Mr. Fitzpatrick stated there would be the possibility for cuts in departments for the 2009 budget. He thanked Council Member Palmeri for his consideration for the budget circumstances. He stated various reasons the proposal was not unreasonable considering the time and care the Council Members put forth. He stated the cost for arbitration would be substantial but did not have a total figure for all five unions. He stated that Council would have to make the decision to rectify the Police wages so they would be equivalent to those unions that won arbitration. Citizen Statements Dan Lynch, 310 S. Eagle Street, thanked the City for removal of snow by Perry Tipler. He requested Council to ban smoking at all places of employment, in cars and in any public place where children are likely t o congregate. He thanked Chief Greuel for his work on patrolling areas where kids smoke. Dick O’Day, 715 Hazel Street, stated his concerns with the snow removal policy. He stated it would be more economically feasible to call the individual and notify them about the complaint 8 then it was to send someone to check, and then hire the contractor to shovel and finally bill them. Dave Town, 100 Court Street, stated there was no problem with parking in the area of the amphitheatre and he did not support moving the fire house. Council Member Statements nd Mayor Tower explained after the April 22 meeting the workshop would be on the update for the near east neighborhood. He reminded Council of the workshop after the first meeting in May would be on the Leach Amphitheater. Proceedings of the Common Council – April 8, 2008 Whatever Else is Pertinent or for the Good of the City Mr. Fitzpatrick announced on April 22 from 9 a.m. to 1 p.m. at the Senior Center North (Annex) there would be a medication collection, a joint effort with Winnebago County. He explained the importance of disposing expired medication properly. He introduced the new Finance Director, Peggy Steeno and the new Transportation Director, Chris Strong. He stated progress was being done on the recruitment for the City Attorney position. MOTION: RECESS UNTIL NOON ON APRIL 15, 2008 (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower The meeting adjourned at 8:05 p.m. PAMELA R. UBRIG CITY CLERK 9