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Home My WebLink AboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, August 12, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tony Palmeri, Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain and Mayor Frank Tower. EXCUSED: Council Member Jessica King ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and David Patek, Director of Public Works. Council Member Palmeri read the Invocation and led the Pledge of Allegiance. Public Hearings Resolution 08-256 Approve Final Resolution - 2008 Asphalt Mill /Overlay and Grade /Gravel (Alleys North of Oshkosh Avenue, Graham Avenue and Catherine Avenue) There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND ASSESSMENTS RATES TO BE REDUCED 50% FORANY LOTS WHICH HAVE A THIRD FRONTAGE ALONG THE ALLEY IN CONTRACT 08-14 (Esslinger; second, Mayor Tower) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Council Member Esslinger stated that he had concerns with the assessments dealing with alleys. He stated that a corner property received a 50% deduction on the long side and paid the full amount on the second side. He stated that there was no deduction for a third frontage in the ordinances. He stated that if there was a deduction on a second street there should be reductions for additional streets. Mayor Tower questioned the ordinance as he thought it was written for two or more streets. Mr. Patek explained the policy and that item three of the policy stated corner lots. 1 Proceedings of the Common Council -August 12, 2008 Council Member Tower questioned if this would be an amendment or a new resolution and if it was only pertaining to properties in this contract. Mayor Tower stated that the amendment was only for the properties/alleys listed in the resolution. He explained to revise the ordinance; it would require a formal vote at a future council meeting. Mr. Rohloff explained the amendment would be for this project with a policy change in the future. Consent Agenda The minutes of the July 22"d, 2008 meeting were approved as presented. The Report of the City Manager was read. Council Member Esslinger questioned why the request from the Solutions Recovery Club, pertaining to blocking off the parking lot was on the report of the City Manager. Ms. Lorenson stated that it was on the City Manager's report due to the request to use barricades and the issues with the conditional use permit. The bills were presented in the amount of $6,802,650.00. The report of the City Clerk was read. Resolution 08-257 Approve Change Order No. 1 /Public Works Contract No. 07-01 / Baldwin Detention Basin (-$308.47) Resolution 08-258 Approve Agreement /Bidding and Construction -Related Services / Wastewater Utility Heating and Ventilation Improvements ($30,000.00) Resolution 08-259 Approve Winnebago County Recycling Surplus Revenue Ballot Resolution 08-260 Authorize Submittal of Application / 2008 Wisconsin DNR Recycling Grants Resolution 08-261 Grant Easements /High Avenue Parking Lot Council Member McHugh questioned the cost of the project and what was all included. He questioned if the resolution was only the bid amount. Mr. Rohloff stated that only the bid was to be awarded and other expenditures would come before Council for approval. Deputy Mayor Bain questioned if the additional items would equal the listed amount. He questioned if all expenses could be included to expedite the process. 2 Mr. Rohloff stated that some of the items had not been bid out yet therefore would not be included. Proceedings of the Common Council -August 12, 2008 Resolution 08-262 Award Bid /Renovation of Central Fire Station (Flour Brothers Construction $607,450.00) Resolution 08-263 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA (Esslinger; second, Bain) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 08-264 Authorize Use of Neighborhood Electric Vehicles MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Deputy Mayor Bain questioned if there were concerns from the Police Department regarding the use of NEV vehicles on City streets. Mr. Rohloff stated that there had been none. He stated that the City was following what other communities had been doing. Council Member McHugh explained that a NEV was a neighborhood electric vehicle. He stated that the vehicle was allowed to travel to 35 miles per hour and follow State requirements for use on the road. Ordinance 08-265 Amend Ordinance Related to Publication of Ordinances MOTION: ADOPT (Esslinger; second, Palmeri) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Deputy Mayor Bain questioned when the entire or partial ordinance would be published and how the determination would be made. Ms. Lorenson stated that generally all ordinances would be published in the partial format. Ordinance 08-266 Adopt IFC 2006 and Amend Fire Inspection Schedule MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Ordinance 08-267 Clarify Functions and Duties /Energy and Environment Advisory Board FIRST READING; LAID OVER UNDER THE RULES 3 Ordinance 08-268 Approve Red Ball Annexation FIRST READING; LAID OVER UNDER THE RULES Proceedings of the Common Council -August 12, 2008 Special Presentation Dennis Tweedale, CEO of the League of Wisconsin Municipalities Mutual Insurance, explained the process of insurance claims pertaining to a sewer back up situation. He explained the rules that were provided by the State Legislature and need to be followed when investigating a claim. He stated that the City had paid 13 sewer claims of 58 that had been submitted in a five year period, 22%. He stated that as a hole the insurance company had paid 28% of claims submitted. He explained that the City had excellent maintenance records as well as an excellent sewer program. Council Member McHugh questioned the difference between flood insurance and sewer back up. Mr. Tweedale explained the difference between flood insurance and sewer back up. Council Member Tower stated that he had concerns how the claims were handled without contacting the claimant. Mr. Tweedale explained the City was contacted to find out why the main was not flowing or why it had been blocked and then the determination would be made if there had been negligence or not. He stated that contacting the claimant gave false hope. Council Member Palmeri questioned why Mr. Tweedale was present and if he had been contacted by staff. He questioned how the insurance company investigated Renee Young's claim. Mr. Tweedale stated that he offered to explain the claim process due to the number of claims submitted. He stated that there would need to be a ministerial obligation along with negligence to determine the City liable and he explained discretionary immunity. He stated that if negligent the insurance would pay the claimant. He explained that the plaintiff was supposed to prove their case and it was not the insurance company's obligation to prove that there was a case but to find proof of negligence on the City's behalf and if there was none the claim would be denied. Ms. Lorenson stated that she had been in contact with Mr. Tweedale regarding concerns on how claims had been handled. Council Member McHugh suggested that staff should contact property owner regarding claims. Council Member Esslinger stated that he found the whole process to review claims disappointing. 4 Mr. Tweedale stated that he would look into the rules of contacting claimants and give the information to staff. Deputy Mayor Bain questioned if Council had the authority to dictate the claim process. Mr. Tweedale stated that Council had the right. Proceedings of the Common Council -August 12, 2008 Mayor Tower stated that it was important to get staff the information requested regarding the process of claims. Mr. Tweedale stated that the company had a video presentation explaining the public official liability and responsibility of elected officials. He suggested reviewing it or to have another presentation that was not formal yet would be informative. Resolution 08-269 Disallow Claim / Biesinger MOTION: ADOPT (Esslinger; second, Tower) MOTION: LAYOVER RESOLUTIONS 08-269 THROUGH 08-290 EXCLUDING RESOLUTION 08-283 (08-283 WAS WITHDRAWN) (Esslinger; second, Palmeri) CARRIED: Ayes (6) Palmeri, Tower, McHugh, Esslinger, Bain, Mayor Tower Council Member Esslinger stated that Council had not received enough information to deny the claims. Council Member Palmeri stated that when disallowances are presented before Council, Council was to be provided with all information regarding the claim. Council Member Tower questioned what type of information was requested for denied claims. Ms. Ubrig stated that she would e-mail information on all the denied claims to Council members. Mayor Tower stated that a-mails were fine or Council could go to the Clerk's Office to review the hard copies of the claims. Resolution 08-270 Disallow Claim / Christianson LAIDOVER (see motion under resolution 08-269) Resolution 08-271 Disallow Claim /Friday LAIDOVER (see motion under resolution 08-269) Resolution 08-272 Disallow Claim / Ghayyur 5 LAIDOVER (see motion under resolution 08-269) Resolution 08-273 Disallow Claim / Handel LAIDOVER (see motion under resolution 08-269) Resolution 08-274 Disallow Claim / Heisler LAIDOVER (see motion under resolution 08-269) Proceedings of the Common Council -August 12, 2008 Resolution 08-275 Disallow Claim / Liebhaber LAIDOVER (see motion under resolution 08-269) Resolution 08-276 Disallow Claim /Martin LAIDOVER (see motion under resolution 08-269) Resolution 08-277 Disallow Claim / Olsen LAIDOVER (see motion under resolution 08-269) Resolution 08-278 Disallow Claim / Poeschl LAIDOVER (see motion under resolution 08-269) Resolution 08-279 Disallow Claim / Putnam LAIDOVER (see motion under resolution 08-269) Resolution 08-280 Disallow Claim / Vang LAIDOVER (see motion under resolution 08-269) Resolution 08-281 Disallow Claim / Wilderman LAIDOVER (see motion under resolution 08-269) Resolution 08-282 Disallow Claim /Venus LAIDOVER (see motion under resolution 08-269) Resolution 08-283 n~~~ii,,,~, r~~;~, i r~~ „-i+ WITHDRAWN LAIDOVER (see motion under resolution 08-269) Resolution 08-284 Disallow Claim / Covill 6 LAIDOVER (see motion under resolution 08-269) Resolution 08-285 Disallow Claim / Gerard LAIDOVER (see motion under resolution 08-269) Resolution 08-286 Disallow Claim / Guerrero LAIDOVER (see motion under resolution 08-269) Proceedings of the Common Council -August 12, 2008 Resolution 08-287 Disallow Claim / Hurst LAIDOVER (see motion under resolution 08-269) Resolution 08-288 Disallow Claim /Russell LAIDOVER (see motion under resolution 08-269) Resolution 08-289 Disallow Claim / Tomoschefski LAIDOVER (see motion under resolution 08-269) Resolution 08-290 Disallow Claim / Vang LAIDOVER (see motion under resolution 08-269) Citizen Statements There were no citizen statements. Council Member announcements, Statements and Discussion Council Member Bain announced that the Oshkosh Community Dragonboat Race and Festival would be held September 19t" and 20t" at Riverside Park and the Leach Amphitheatre. He stated it was part of the Fall Fest program that was presented by the University of Wisconsin Oshkosh. He stated that the program was looking for volunteers. Council Member Esslinger stated that there was a correction regarding the Stewart Rieckman column: Oshkosh Northwestern, July 27, 2008. He stated that he did not ask a gentleman for his opinion as Mr. Rieckman had stated and suggested that Mr. Rieckman write the correct information. Mayor Tower stated that after the meeting would be the ambulance billing workshop; August 26t" was the workshop regarding one way streets and sometime in September there would be a 7 workshop regarding the nuisance ordinance. City Manager announcements, Statements and Discussion Mr. Rohloff stated that Peggy Steeno (Finance Director) prepared amid-year financial overview that had been requested by Council. He explained the revenues and expenditures for the budget. He stated that the fund balance was over $7,000,000. He suggested Council to review and suggest an appropriate fund balance, currently there was no policy in place for the fund balance. Council Member Palmeri requested that the effort made to citizens regarding a survey be explained. Proceedings of the Common Council -August 12, 2008 Mrs. Steeno explained that surveys went out in July, August and would continue in September to citizens regarding what was high priority items, what was not high priority items and any other input related to the budget process. Council Member Tower questioned what patriotic celebrations were. Mrs. Steeno stated it was regarding fire works and Sawdust Days due to the City sponsorship. She explained that when the reimbursed was received, the expenditure would go down. Mr. Rohloff stated that public outreach was important for customer services, as well as public safety. MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned 7:52 at p.m. PAMELA R. UBRIG CITY CLERK 8