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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN C~ ~I~KC~ ~N REGULAR MEETING held Tuesday, December 9, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri, Burk Tower and Mayor Frank Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and Dave Patek, Director of Public Works Council Member McHugh read the Invocation. The Pledge of Allegiance was led by Brett Spangler and Caitlin Patton from Read Elementary School. CONSENT AGENDA Approval of the minutes from the October 28t"and November 11t", 2008 Council Meetings. Approval of Farmers Market to utilize the City Hall parking lot each Saturday, from June 6, 2009 through October 7, 2009 Receipt of claim filed with the City's Insurance Company /Sue Connelly Resolution 08-467 Approval of Intergovernmental Agreement Between the City of Oshkosh and the Town of Black Wolf to Provide for Orderly Growth and Development within Agreed Upon Municipal Boundaries Resolution 08-468 Approval to Accept Storm Sewer Easements at 2635 Hearthstone Drive and 820 Park Ridge Avenue (Plan Commission Recommends approval) Resolution 08-469 Approval to Execute Revised Relocation Order; Determination of Necessity to Acquire Property; Authorize Acquisition; Accept Easements; Dedicate Street Right-of-way -Jackson Street and Murdock Avenue Intersection Improvement Project (Plan Commission recommends Approval) Resolution 08-470 Approval of Extraterritorial Final Plat known as Ormand Beach Heights, First Addition -Town of Omro (Plan Commission Recommends Approval) 1 PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Resolution 08-471 Approval of Conditional Use Permit for Automobile Sales and Service at 222 Jackson Street (Plan Commission Recommends Approval) Resolution 08-472 Express Official Intent Regarding Certain Capital Expenditures to be reimbursed from the Proceeds of an Obligation Resolution 08-473 Approval of Change Order No. 1 /Public Works Contract No. 08-03 / J. F. Ahern Co. / Headworks and Stormwater Control Improvements Project (+$7,829.00) Resolution 08-474 Approval of Change Order No. 2 /Public Works Contract No. 08-04 / Vinton Construction Co. /STORM Sewer, Sanitary Sewer and Water Main (+$44, 790.80) Resolution 08-475 Approval of Change Order No. 2 /Public Works Contract No. 08-06 / Fischer-Ulman Construction /Concrete Sidewalk (-$26,618.31) Resolution 08-476 Approval of Change Order No. 1 /Public Works Contract No. 08-15 / Four-Way Construction of Wisconsin, Inc /Storm Sewer, Sanitary Sewer and Water Main (+$9,020.50) Resolution 08-477 Award Bid for Public Works Contract No. 08-01 / S. J. Louis Construction, Inc. /Concrete Paving, Storm Sewer, Sanitary Sewer and Water Main / Hazel Street and New York Avenue ($4,656,326.00) Resolution 08-478 Award Bid for Furniture for the Oshkosh Convention Center Resolution 08-479 Rescind Assessments /Cold-Mix Asphalt Paving Minnesota Street (6t" Avenue to 9t" Avenue) Seventh Avenue (Minnesota Street to Iowa Street) Bauman Street (Taft Avenue to Pierce Avenue) Resolution 08-480 Approval of Developer Agreement for Meadow Park /Meadow Park Drive - West 20t" Avenue to 1,523 feet south Resolution 08-481 Disallow Claim by Dempsey, Williamson, Kelly and Hertel (Elizabeth Baum -claimant allegedly tripped and fell on a loose electrical box on the sidewalk, located just north of 428 Main Street) Resolution 08-482 Approval of Appointments Resolution 08-483 Approval of Special Class "B" License and Operator's Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING APPROVAL OF FARMERS' MARKET LOCATION FOR 2009; RESOLUTIONS 08-467, 08-469, 08-472, 08-482 AND 08-483 (Bain; second, Esslinger) 2 CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Approval of Farmer's Market to utilize the City Hall parking lot each Saturday, from June 6, 2009 through October 17, 2009 MOTION: ADOPT (Esslinger; second, Bain) MOTION: TO LAYOVER UNTIL DECEMBER 23, 2008 OR JANUARY 13, 2009 (Bain; second, Esslinger) CARRIED: Ayes (5) Esslinger, Bain, King, Palmeri, Tower; Noes (2) McHugh, Mayor Tower Deputy Mayor Bain urged Council to approve the Farmers' Market request at the Leach Amphitheater, not at City Hall's parking lot location. Council Member Esslinger agreed with Deputy Mayor Bain. Council Member King stated that she was interested in the Parks Director thoughts regarding the use of the Leach Amphitheater. She questioned the inconvenience to other events that may be held during that time. Council Member Tower stated that he was in favor of the Farmers' Market to continue in the City Hall parking lot. Council Member McHugh stated that the group had been successful in the City Hall parking lot. He stated that to move to the Leach was out of the mainstream and Farmers' Market would suffer. Mr. Rohloff stated that the group preferred to continue at City Hall. He stated that the Parks Director thought that was a great idea to use the Leach location and they would be able to coordinate with other events so there would be no conflict. He explained that the group would appreciate knowing the location for 2009 for marketing reasons. He stated that if the market was to move they had requested to move after the 2009 season. Deputy Mayor Bain requested staff to provide measurements of the Leach and of the City Hall parking lot. Resolution 08-467 Approval of Intergovernmental Agreement Between the City of Oshkosh and the Town of Black Wolf to Provide for Orderly Growth and Development within Agreed Upon Municipal Boundaries MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) McHugh, Esslinger, Bain, King, Tower, Mayor Tower; Noes (1) Palmeri 3 Council Member Palmeri questioned why the agreement was for 40 years. Jackson Kinney, Director of Community Development, stated that the 40 years was in the best interest for the City. He stated that the time allowed for long term growth and development. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Council Member Palmeri questioned the provision to bind future Council and if it was a State Statutes requirement. He explained that citizens elect Council Members and to bind future Council was not allowing the elected officials to vote or make changes. Mr. Kinney stated the provision bonding was so the resolution would not be changed after each election of new officials. Mr. Rohloff stated that this allowed both sides to have long term solitude. He explained that the majority of provision bonding was for a minimum of 30 years. He stated that future Council Members had the option to make amendments. Resolution 08-469 Approval to Execute Revised Relocation Order; Determination of Necessity to Acquire Property; Authorize Acquisition; Accept Easements; Dedicate Street Right-of-way -Jackson Street and Murdock Avenue Intersection Improvement Project (Plan Commission recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, King, Palmeri, Tower, Mayor Tower; Noes (2) McHugh, Esslinger Council Member Esslinger urged Council not to support the resolution. He explained that the project was at an estimated cost of over $4 million for 2009 and the project had been pushed back until 2010 making the cost continue to increase with each year. Resolution 08-472 Express Official Intent Regarding Certain Capital Expenditures to be reimbursed from the Proceeds of an Obligation MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Council Member Esslinger requested an explanation of what the resolution entailed. Peggy Steeno, Finance Director, explained that it would allow borrowing to take place in a normal course of business. Council Member Esslinger questioned what the benefit was. Mrs. Steeno stated that with approval it would allow for projects to begin before borrowing funds. Mr. Rohloff stated that the procedure had been done in the past. He stated that changes 4 would be made as to when borrowing funds would take place. He stated that he would like borrowing to happen in July and have the first payment made the following year. He explained that by proceeding this way the City would not borrow the first interest payment. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Resolution 08-482 Approval of Appointments MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Council Member Palmeri questioned the candidate selected to serve on the Plan Commission and if there had been other applicants that had resided in the community longer than six months. Mayor Tower stated that there had been three applicants to choose from. He explained that he chose the candidate he did due to the fact he lived on the other side of the City than other members and that representation from all sides of the City was needed. He stated that it was good to get fresh blood on the board. He stated that there was another appointment that would be appointed for the Planning Commission and he would choose from the remaining applicants. Resolution 08-483 Approval of Special Class "B" License and Operator's Licenses MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) McHugh, Bain, King, Palmeri, Tower, Mayor Tower; Present (1) Esslinger Council Member Esslinger stated that he would vote present due to a business conflict. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 08-484 Approval of Loading Zones on Josslyn Street and Sawyer Street; Parking Regulations Changes on Frederick Street and Morgan Avenue MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Ordinance 08-485 Change December 23rd Council Meeting Time to Noon MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Mr. Rohloff stated that it was important to conduct the meeting on the 23rd, there were several items that needed Council approval. Ordinance 08-486 Cancel December 23rd Council Meeting 5 MOTION: ADOPT (Bain; second, Esslinger) LOST: Noes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Ordinance 08-487 Establishing Street Grades /Meadow Park Drive -West 20t" Avenue to 1,523 feet south FIRST READING; LAID OVER UNDER THE RULES Resolution 08-488 Approval of Acquisition of Industrial Park Land; Approve Fund Transfer; Approve Reimbursement /Southwest Industrial Park Expansion -Clark Hill Farm Properties (Town of Algoma) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Resolution 08-489 Authorize Borrowing from State Land Trust /Southwest Industrial Park Land Purchase MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Resolution 08-490 Acceptance of the Revised Oshkosh Transit System Fare Structure MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND TO ADD INCREASES TO THE FOLLOWING CATEGORIES; FIXED ROUTE: DIAL-A-RIDE (ADA), CABULANCE (ADA), CABULANCE (ADA) WITH PREMIUM SERVICE ;AND, PARATRANSIT: MEAL-SITE TRANSPORTATION (Bain; no second) LOST: LACK OF SECOND VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Deputy Mayor Bain requested Mr. Strong to elaborate on the fare structure. Chris Strong, Director of Transportation, explained that the department proposed a fee structure and it had been altered by the Transit Advisory Board and the department would urge Council to amend the changes made by the Board. He stated that an increase had not taken place for some time. He stated that the budget had a deficit of $42,000 for 2008. He stated that the budget would be alright as long as the oil prices did not increase; however, it would not offset the current deficit. Council Member Palmeri stated that it was safe to predict that oil prices would not increase 6 significantly. Council Member Tower questioned how the difference in cost was paid. Mr. Strong stated that funds were received from grants, county aids and the City's General Fund. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Council Member Tower stated that the fare was a substantial discount for patrons that used the services provided. He stated that he would support the increase to pay off debt. He stated that it was less than $.20 on the $1. Council Member Esslinger questioned where the budget would be if fuel cost would not jump the rest of the year. Mr. Strong stated that the City would still have a deficit due to the budget starting off with less in revenue. He stated that in 2008 there had been a large cost for fuel. Council Member King stated that those patrons that used the services were on a fixed income. She explained that the cash fare had increased in July. Council Member Tower questioned if the transit department had concerns about increasing fees in the middle of the year. Mr. Strong stated that fare increases were possible in the middle of a year. He explained that if fuel would go up and an increase was needed, there would need to be time allowed to publicize the fee change prior to implementing it. Council Member King stated that she would support option number one over option number three under the recommendations. Deputy Mayor Bain questioned if the request was for all fares to be postponed or the four that had been altered by the Board. Mr. Strong stated that he had viewed it as a whole system. He stated that there had been public opportunity prior so the fares could be implemented quickly. Deputy Mayor Bain questioned if the $2 difference for all four fares was based on ridership or if funds could be recouped by depleting token cost. Mr. Strong stated that it was based on ridership. He explained the projected income without the fare increase for ADA, Dial-a-Ride and Cabulance was $118,000 and the meal site was $500 for 2009. Council Member King stated she would support an increase if the deficit continued to increase. Deputy Mayor Bain stated that he understood not wanting to increase fares; however, there 7 was opportunity to realign a budget that had a deficit. He explained by not increasing the fare there was the risk of adding debt on top of existing debt. Council Member King stated that approving the resolution would increase 16 standard fares. She explained that the 20 ride punch pass went up $5, the three month pass went up $10 and the cash fare had gone up $.25. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Council Member Tower stated his desire was to pay off deficit. He stated that if fuel prices were to increase, then Transit should have a proposal for Council to increase rates to cover those costs. Council Member Palmeri stated that citizens in the community had talked about poverty and to increase fees would be difficult for them. He questioned if it would be possible to look elsewhere for funds such as in new positions added by administration. Resolution 08-491 Approval of Agreement with Wisconsin Department of Transportation for Lighting /Main Street Bridge MOTION: ADOPT (Esslinger; second, Bain) MOTION: TABLE (Esslinger; second, McHugh) LOST: Ayes (3) McHugh, Esslinger, Palmeri; Noes (4) Bain, King, Tower, Mayor Tower MOTION: AMEND TO ELIMINATE ITEM NUMBER ONE (Bain; second, Tower) CARRIED: Ayes (4) Bain, King, Tower, Mayor Tower; Noes (3) McHugh, Esslinger, Palmeri VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (4) Bain, King, Tower, Mayor Tower; Noes (3) McHugh, Esslinger, Palmeri John Hinz, 137 Brockway Avenue, questioned if the lights were for safety concerns and who paid the cost for electricity and repairs. Mayor Tower stated that the cost of electricity for the lights annually would be approximately $300. Jeremy Monet, 2347 Ashland Street, stated that Progress Oshkosh had raised $50,000 for LED lights for the Main Street Bridge. He explained that the $50,000 covered the costforthelights, brackets and installation. He explained that the cost impact to residents would be less than $.01. Council Member Esslinger stated that he thought Progress Oshkosh had committed to funding the entire project. 8 Mr. Monet stated that the original intent had been to fund the entire project. He stated that the group wanted to have an endowment; however, with the struggling economy it was a challenge. Council Member McHugh questioned what the lights looked like. Mr. Monet stated that the lights were programmable and the color could be changed to show community pride. He stated that Progress Oshkosh had relinquished the control of the lights to the City. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH Council Member McHugh questioned how the electric and maintenance would be maintained. Mr. Strong stated that the Parks Department had a barge; however, the supervisor of the electric division was concerned regarding safety issues of the barge. Council Member McHugh stated that what was popular today would become outdated. He stated that lights were prone to problems and expensive to replace. He questioned the burden it would have on the electrical department. Mr. Rohloff stated that the DOT had a barge they rented out. Mr. Monet stated that Progress Oshkosh was willing to assist in any way they could with the project. He explained the installation was temporary and if it became a burden it was as simple as unplugging the lights. Deputy Mayor Bain stated that the Wisconsin Street Bridge had similar lighting fixtures. He questioned the resolution wording. Mr. Rohloff stated that number one would be eliminated. Council Member Esslinger stated that an issue was the challenging economy. He stated that the City had turned off residential street lights to save funds. He stated that he would support the lighting of the bridge if the group would financially support the entire project. Council Member Tower stated that he was opposed to tabling the resolution. He stated that it was a wonderful gift and would help with safety conditions. Council Member McHugh stated that the $300 a year did not include replacement cost of the fixtures or rental fees for the barge. Deputy Mayor Bain stated that he would support the resolution. He explained that if a problem occurred regarding the cost, the lights would be turned off. He stated that it brought a sense of value and quality to the City. Council Member Esslinger questioned the policy for gift acceptance to the City. He explained 9 that the Leach was a gift that now costs citizens $250,000 annually and the pool was a gift that costs $100,000 annually. Council Member McHugh stated that the project was outstanding; however, the original document was that Progress Oshkosh was going to cover the cost. Council Member King stated that raising $50,000 spoke for the citizens. She stated it was a safety function and it was important for public/private partnerships. Council Member Tower stated that he would support the resolution due to the safety and pride in the community. He explained that he agreed the citizens spoke when the lights were supported with the $50,000 raised. PROCEEDINGS OF THE COMMON COUNCIL -DECEMBER 9, 2OOH COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mayor Tower announced that there would be a workshop with the Energy and Environmental Committee regarding sustainability concerns. Council Member King stated that the committee would provide what had been accomplished in the last year. Mr. Rohloff stated that the committee had struggled; however, they were progressing and moving forward. Council Member Tower stated that at the workshop the committee should provide the direction of where they planned to go. Council Member Esslinger stated that there was a sense that the board was frustrated. Council Member King stated that the committee was no longer frustrated and they were right on course with progress. She stated they had accomplished bike racks for buses, terrace trees and university transportation. Mayor Tower stated that a public meeting regarding a policy of gift acceptance would be held after the second meeting in January or the first one in February. Ms. Lorenson suggested a meeting regarding public events policy. Mayor Tower stated that the first workshop in January would be the public events policy. MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 7:35 p.m. PAMELA R. UBRIG CITY CLERK 10 11