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Home My WebLink AboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN C~ ~I~KC~ ~N REGULAR MEETING held Tuesday, October 14, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bryan Bain, Jessica King, Tony Palmeri, Burk Tower, Dennis McHugh, Paul Esslinger and Mayor Frank Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and David Patek, Director of Public Works Deputy Mayor Bain read the Invocation. The Pledge of Allegiance was led by Christina Blum and Damian Guenther from Grace Lutheran School Public Hearings Mayor Tower ordered the following Public Hearings: Ordinance 08-378 Approval of Zone Change from R-1 to M-3 / 3156 Algoma Boulevard There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 08-379 Approval of Official Mapping of the Extension of Progress Drive from its Current Termini Southeasterly to Vinland Street There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the September 23, 2008 meeting were approved as presented. Resolution 08-380 Approval of Revised Conditional Use Permit; Planned Development to Construct New Building for Day Care Center - 1733 South Washburn Street (Plan Commission Recommends Approval) 1 Proceedings of the Common Council -October 14, 2008 Resolution 08-381 Approval of Conditional Use Permit; Planned Development - for Construction of Apartment Buildings/Condo Units & Associated Amenities - West 20t" Avenue and Meadow Park Drive (Plan Commission Recommends Approval w/ Conditions) Resolution 08-382 Approval of Revised Conditional Use Permit; Planned Development for Additional Ground Signage and Exceed Permitted Sign Square Footage- 300 South Koeller Street (Plan Commission Recommends Approval) Resolution 08-383 Approval of Joint Powers Agreement / Winnebago County 911 Emergency System Resolution 08-384 Disallow Claim by Wally Juedes (alleged items picked up by Sanitation Division) Resolution 08-385 Disallow Claim by Gene Kent (damage to vehicle at Market Street and High Avenue) Resolution 08-386 Disallow Claim by Christopher Koch (damage to vehicle as a result of hitting a manhole cover) Resolution 08-387 Disallow Claim by Jessica Preissner (damage to vehicle as a result of hitting a mailbox) Resolution 08-388 Approval of Special Class "B" Licenses, Secondhand Article Dealer and Operator's License's MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM 16 NOTICE OF CLAIM BOARDMAN, SUHR, CURRY AND FIELD, LLP ATTORNEYS FOR BANKERS SERVICE COPORATION, RESOLUTION 08-386 AND RESOLUTION 08-387 (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower 16. Receipt of Notice of Claim filed with the City's Insurance Company / Boardman, Suhr, Curry and Field, LLP Attorneys for Bankers Service Corporation - to establish Bankers Service Corporation and the City's respective rights and obligations with respect to the parking agreement and the parking structure. MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Council Member Palmeri questioned who would be representing the City. Mr. Rohloff explained that Banker Bank was the owner of the hotel and the land beneath the parking structure was owned by the City Centre LLC. He stated the question was who owned the parking structure. He stated that the City was going to give the $96,000 to the Bank for upgrading of the structure and work toward completing a quick claim to grant ownership of the 2 Proceedings of the Common Council -October 14, 2008 structure to the City Centre. He stated that the hope was to have a resolution finalized within the next couple of meeting. Ms. Lorenson stated that the language in the agreements was not written clear which made it difficult to follow. She stated that it was not determined at this point who would be representing the City. Resolution 08-386 Disallow Claim by Christopher Koch (damage to vehicle as a result of hitting a manhole cover) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Bain, King, Tower, McHugh, Esslinger, Mayor Tower; Noes (1) Palmeri Council Member Palmeri questioned the liability of the City for the manhole cover. Mr. Rohloff explained that the City must be notified of a problem so it can be corrected, and the City was never notified of the problem therefore they can not be held liable. Resolution 08-387 Disallow Claim by Jessica Preissner (damage to vehicle as a result of hitting a mailbox) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Bain, King, Tower, McHugh, Esslinger, Mayor Tower; Noes (1) Palmeri Council Member Palmeri questioned why the City was not liable. He explained in a letter from the City Transit Director it was stated that there should be a sign in place and since the incident the City had put up a sign. Ms. Lorenson stated that the City put the sign up under exercise of judgment. She explained by putting a sign up was not admitting liability. Council Member Palmeri stated that citizens should save their time and not submit claims because the claims do not prevail. Ms. Lorenson explained that an investigation needed to be done therefore citizens should submit claims. She stated until the investigation has been completed the circumstances were unknown. Action Taken on Ordinances and Resolutions Ordinance 08-389 Approval of Permanent Zoning of R-3 & R-3 PD /Midwest Voluntary Attachment MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower 3 Proceedings of the Common Council -October 14, 2008 Ordinance 08-390 Approval of Parking Regulations Changes for Ripple Road and One-Way Street Designation for McKinley Street MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Ordinance 08-391 Approval of Southwest Industrial Park /YMCA Attachment FIRST READING; LAID OVER UNDER THE RULES Resolution 08-392 Approve Ambulance Service Agreement /Surrounding Communities: Towns of Algoma, Black Wolf, Nekimi, Omro, Poygan, Rushford, Utica, Winneconne, Village of Winneconne and City of Omro MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Jack Clark, Clerk for the Town of Utica, urged Council to approve the resolution. He stated that the Town of Utica as well as other townships recognized the Oshkosh Fire Department with great respect. He explained that not only do they provide services to the townships but they also provide training for first responders. Council Member Palmeri stated that in the agreement the term was to be January 1St of 2009 and in Chief Franz's letter the year should have been 2013 not 2009. Resolution 08-393 WITHDRAWN Resolution 08-394 Approval of Post Mediation Agreement with Reliance Enterprises / Deltox Complex MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Council Member Palmeri questioned why Mr. Blazel was representing the City. Ms. Lorenson explained that the office was short staffed and therefore extra help was needed. Resolution 08-395 Support a Landfill Ban on Computers and Electronics at Winnebago County Landfill (Energy and Environmental Advisory Board Approved) MOTION: ADOPT (Esslinger; second, Bain) MOTION: TABLE (McHugh; second, Esslinger) LOST: Ayes (2) McHugh, Esslinger; Noes (5) Bain, King, Palmer, Tower, Mayor Tower 4 Proceedings of the Common Council -October 14, 2008 MOTION: LAYOVER UNTIL OCTOBER 28, 2008 MEETING (Esslinger; second, McHugh) LOST: Ayes (3) Palmeri, McHugh, Esslinger; Noes (4) Bain, King, Tower, Mayor Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (5) Bain, King, Palmeri, Tower, Mayor Tower; Noes (2) McHugh, Esslinger Council Member Tower questioned what the other alternatives would be. Mr. Patek stated that the County would continue to hold promotional days. He stated that currently the City charged for miscellaneous items to be picked up. He explained that the specifics needed to be determined. He stated that the resolution was a recommendation from the City to the County. Mr. Rohloff stated that the Energy and Environmental Advisory Board would be assisting to determine alternatives. Council Member McHugh questioned if the resolution was publicly noticed prior to the council meeting. Mr. Rohloff stated that it was publicly noticed on the Energy and Environmental Advisory Board agenda, the Northwestern had printed articles and the County had done publicizing. Council Member McHugh stated that this would impact the community. He stated a plan needed to be in place prior to passing the resolution. He stated that this was turned down by the legislature and only three of fifty states had approved this process. Council Member Esslinger stated that this had been tried in the past and did not work. He urged the staff to look into providing one day a month to drop off miscellaneous at no cost. Mayor Tower questioned what the next step was if it were voted down. Mr. Patek stated that he was not sure. He stated that the County did not need approval from the City, they had wanted cooperation. Council Member King stated that the County could ban without the resolution. Mr. Patek stated that the best interest for the City was not to have the toxins filter into the water system. Council Member Esslinger questioned why disposing items of this nature was allowed if it was not healthy for our water system. Mr. Patek explained this was a consequence of going green 5 Proceedings of the Common Council -October 14, 2008 Mr. Rohloff explained that as time goes by more knowledge was gained with the concerns of damage created by disposing of electronic items. Council Member Esslinger stated that going green cost money. Council Member Palmeri stated that it was not beneficial to continue to keep putting toxics in the landfill and alternatives without a fee should be created. Council Member King stated that Winnebago County Wasteland was a recipient for disposal from surrounding counties. She stated that alternatives were needed for disposal and the resolution was to look for direction. Council Member Esslinger stated that if the toxins were filtering into the water then fertilizers for lawns and crop spraying should be banned as well. Resolution 08-396 Approval of Change Order No. 2 /Public Works Contract No. 06-14 / Kruczek Construction, Inc. /Sanitary Sewer Relay (+31,476.54) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Citizen Statements Linda Harvott, 534 Madison Street, stated that she and her husband had supported the near east neighborhood proposal in the beginning. They never imagined the plan would go in the direction it has. She explained that the way they were approached by the City and the demands with time lines were not acceptable. She stated that the costs for repairs were high and during this time that was not a priority in many residents home. She extended an invitation for Council Members to come and look at her house and discuss the repairs that were needed. She encouraged Council Members to look at the fines and how the residents were approached. Council Member Esslinger applauded her courage to come forward. Council Member announcements, Statements and Discussion Mayor Tower stated that there were no workshops scheduled for October due to budget meetings. He reminded Council Members that budget meeting dates were October 27t" November 6 and November 18 at 5:00 p.m. MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 7:01 p.m. PAMELA R. UBRIG CITY CLERK 6