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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, January 13, 2009 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 Dave Patek, Director of Public Works Deputy Mayor Bain read the Invocation. The Pledge of Allegiance was led by Josh and Gabe Fannin from Green Meadow/Lakeside Elementary School. Public Hearing Mayor Tower ordered the following Public Hearing: Ordinance 09-01 Approval of Map Amendment to the City's Comprehensive Plan Land Use Maps Changing the Land Use Designation of Property Green Valley Road, Town of Oshkosh, from Residential to Commercial (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES CONSENT AGENDA Approval of Minutes from December 23, 2008 Council Meeting. Approval of Bills Presented by the Finance Director. Approval of TFM Promotions to utilize Rainbow Park /Midwest Walleye Tournament/April 25 - 26, 2009. Approval to Jeld-Wen Company to close sidewalk on west side of Oregon Street, from 6t" Avenue to the Oregon Street Bridge /Immediately until sidewalk on the north side of bridge is constructed. 1 PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Receipt of Claim filed with the City's Insurance Company /Jason and Kim Welty -for property damage to their vehicle while impounded. Receipt of Claim filed with the City's Insurance Company / Tanya and Frank Gotschika -for property damage to their vehicle as a result of alleged ice chunks from the snow plow. Resolution 09-02 Approval of Agreement with State Division of Public Health to Accept 2009 Preparedness Grant Funds Resolution 09-03 Approval of Agreement with State Division of Public Health to Accept 2009 Consolidated Grant Funds Resolution 09-04 Approval of a Conditional Use Permit fora Mixed Commercial / Residential Use at 436 North Main Street (Plan Commission Recommends Approval) Resolution 09-05 Approval to Amend a Previously Approved Planned Development at 1530 -1540 South Koeller Street to Allow Reconstruction of a Portion of the Existing Shopping Center and Expansion of the Parking Lot (Plan Commission Recommends Approval) Resolution 09-06 Award Bid for Public Works Contract No. 09-02 /Carl Bowers and Son Construction Company Inc., for Sawyer Creek Sanitary Interceptor and Water Main ($652,382.50) Resolution 09-07 Award Bid to Technology Solutions Group (TSG) for Telephone Systems Upgrade ($224,140.56) Resolution 09-08 Approval of Extension of 1993 County/Municipal Recycling Agreement until such time that Consolidated Recycling Center completed Resolution 09-09 Rescind Property Taxes (KJL and City of Oshkosh) Resolution 09-10 Approval of Combination "Class B" Licenses, Secondhand Dealer's License's and Operator's Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING APPROVAL OF THE JELD- WEN COMPANY TO CLOSE SIDEWALK ON WEST SIDE OF OREGON STREET AND RESOLUTION 09-05 (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Bain, King, Palmeri, Tower, McHugh, Mayor Tower Approval to Jeld-Wen Company to close sidewalk on west side of Oregon Street, from 6t" Avenue to the Oregon Street Bridge /Immediately until sidewalk on the north side of bridge is constructed. 2 MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Council Member Palmeri questioned the rationale for the closing of the sidewalk. Mr. Patek explained there was no sidewalk on the north side of the bridge and the sidewalk on the south side ends at the bridge. He stated that with this approval Jeld-Wen would not have to shovel during the winter months. Resolution 09-05 Approval to Amend a Previously Approved Planned Development at 1530 -1540 South Koeller Street to Allow Reconstruction of a Portion of the Existing Shopping Center and Expansion of the Parking Lot (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Council Member Palmeri stated that he would support the resolution; however, he questioned if the City had a process or policy for buildings left empty. Mr. Rohloff stated that there was nothing in the codebook pertaining to that issue. He suggested staff could review and recommend changes in the codebook to Council. He explained that an ordinance in place would prevent empty property from deteriorating. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09-11 Approval of Parking Regulations -Changes on Sawyer Street and Shawano Avenue MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND DELETE NO PARKING NORTH SIDE FROM BOWEN STREET TO BAY STREET ONLY DURING DECEMBER, JANUARY, FEBRUARY AND MARCH (Bain; second, Esslinger) CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower VOTE ON AMENDED ORDINANCE CARRIED: Ayes (7) Bain, King, Palmeri, Tower, McHugh, Esslinger, Mayor Tower Diana Soda, 617 Shawano Avenue, urged Council to approve no parking during winter months due to the narrow width of the street. She explained when cars were parked on both sides of the street only one car could travel through. Alan Bartel, 625 Shawano Avenue, stated that there had been no trouble with traffic on Shawano Avenue. He explained that garbage trucks were able to maneuverwithoutproblems. 3 Deputy Mayor Bain stated that he had spoke with the Transportation Director, the Police Chief and the Fire Chief regarding the safety concerns. He stated that he would support no parking on the north side of the street during winter months. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Council Member McHugh questioned what the measurements of that street were. Mr. Patek stated that the right-of-way was 50 feet and there was probably 25 feet of pavement. Mr. Rohloff stated that parking was a problem during winter months. Council Member Tower questioned if this was a way to deal with unlicensed vehicles parked on the roads. Deputy Mayor Bain stated that the resolution had not been brought forth for that concern; however, residents were concerned with that issue. Council Member McHugh stated that vehicles that were not licensed should be ticketed and towed. Mr. Patek stated that there was no sidewalk on the north side of the street. He explained that the problem was identifying if the vehicles were parked on private property or in the right-of- way. Ordinance 09-12 Approval of Variance to Deer Feeding Ban and Firearm Discharge Ordinances /Culling of Urban Deer / Osborn Avenue Area MOTION: ADOPT (Esslinger; second, Bain) MOTION: TABLE UNTIL SUCH TIME THAT THE CITY CAN MORE ACCURATELY ASSESS THE EFFECTS OF NON- LETHAL METHODS OF DEER MANAGEMENT AND THAT THE CITY ALSO USE MONIES THAT WOULD BE DIRECTED TOWARDS CULLING TO INSTEAD ASSIST HOMEOWNERS WITH NON-LETHAL METHODS OF DEER MANAGEMENT (Palmeri; second, Esslinger) LOST: Ayes (1) Palmeri; Noes (6) Bain, King, Tower, McHugh, Esslinger, Mayor Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Bain, King, Tower, McHugh, Esslinger, Mayor Tower; Noes (1) Palmeri Cindy Smith, 1345 Kensington Avenue, stated that she would like penalties enforced if deer feeding was to continue. 4 Doris Dain, 1241 West 9t" Avenue, explained that she was not pleased with the direction the Council had taken with the deer issue. She stated that the deer situation was being handled with closed minds and not in the interest of the majority of residents. She stated that deer crossing signs should be placed near the area. She stated that long term she would like to see the Vulcan Quarry maintained as a nature area with a park. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Amy Haberkorn, 4711 Indian Bend Road, stated that she had several square feet of flower beds and had no problem with deer eating her plants due to the spray she mixes in her kitchen and sprays every couple of weeks. She stated that culling would not solve the herd size. She stated why were no deer crossing signs placed if safety had been a concern. She explained that all options had not been exhausted, since she had not been contacted to spray. She stated that she was sure contraception had not been investigated further. She urged Council to be persuasive with DNR to allow the herd to be tranquilized and relocated. Karl Schulz, 2782 Fond du Lac Road, explained that the cost for culling was expensive without a guarantee to keep the herd size down. Janet Helstrom, 706 Evans Street, read a letter from John English of Vulcan Quarry, stating that they did not allow hunting on their property and they would not be participating in the culling of the deer. Karen Feedler, 4697 Indian Bend Road, questioned why alternatives had not been given time to work. She explained that she sprays a combination of egg, milk, dish detergent and water once a month and has no problem with deer eating her flowers. Colten Feedler, 4697 Indian Bend Road, stated that he was angry due to the culling of the deer. He questioned why the spray had not been used as an alternative. He urged Council not to cull the deer but to work with the DNR to relocate the herd. Dan Luebke, 1837 Olive Street, stated that he was an avid hunter. He questioned why those residents that were concerned with the herd had not attended Council meetings. He stated that if there were true concerns with the herd size the DNR would manage the herd and not leave the decision up to City officials. He stated that he would like to see the spray be given the chance to work. Karris Feedler, 4697 Indian Bend Road, questioned why culling the deer was chosen when there were other choices to choose from. She stated that she enjoys the deer. She urged residents to try the spray. Deputy Mayor Bain stated that he understands the emotion and concerns regarding the culling of the deer. He explained that the City had looked at the alternative to relocate the herd and the DNR said "no". He stated that spraying could help those that would be willing to spray. He stated that the obligation was to help residents with the herd problem. He stated that they had created the ban on feeding the deer, had a presentation and educated the public regarding deer. He stated that 5 this had been an on going discussion for the last two years and was not done secretively. He stated that culling the herd will cut back the number of deer and would not eliminate them. He explained that if action was not to take place the problem would get worse. He stated that he would support the resolution. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Council Member Palmeri stated that he was against culling the deer due to the research he had found that stated culling increased the herd size. He stated that he sympathized with the gardeners. He read a letter from Mary Thiel, urging Council to cull because she receives healthy healing from gardening. He stated that the Council needed to listen to all residents of the City. He questioned the number of deer to be culled opposed to the number to deer that had been counted. He stated that he felt there had not been enough time given at the attempts of alternative uses. He stated that those residents against the culling should have been at the meeting when the culling of the deer resolution was passed. Council Member Esslinger questioned Chief Greuel if he agreed that there had not been enough time to assess the alternatives of non-lethal methods. Police Chief Greuel stated that he was not sure how much time would be "enough" time. He stated that there had been contact with those impacted by the deer through e-mail and phone conversation and it was concluded there had been limited success. He explained residents that were impacted stated that alternative methods were too expensive and time consuming. He stated that the spray by Mrs. Haberkorn was not mentioned prior to the previous meeting. Council Member Esslinger stated that those in wooded areas would have more success with the spray due to the deer having other food sources in that area. Chief Greuel stated that at the workshop there were angry residents that wanted action taken. He explained that additional time would create a larger problem. Council Member Palmeri explained that harsh winters had a tendency to decrease herd size. Council Member McHugh stated that he had not received any complaints from other areas in the City regarding deer. He stated that something should have been done prior to the herd exceeding the current size. Council Member Tower stated that 60 to 70 households in one area was a significant number of residents therefore, the Council needed to take action. He explained that culling could only take place at certain times of the year. He stated that non-lethal alternatives had been attempted and the problem was not going away it would only get worse. He stated that all discussions pertaining to the deer was in a public forum. 6 Council Member Palmeri stated that the DNR had to have a waiver so the sharp shooters could be within 100 yards of residents. He questioned if homeowners had been contacted regarding the sharpshooters. Chief Greuel stated that he does not believe the sharpshooters would be within 100 yards of residents. Council Member King stated that there were a number of sites and all were located on the Armory property not on private property. Chief Greuel stated that there were four sites on the 39 acres of land owned by the Armory. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Council Member King stated that the issue of the herd was not going to go away after the culling. She stated that she would like to see several non-lethal alternatives used prior to culling. She questioned if the deer would be more aggressive due to their hunger or if they would relocate where food was more accessible. She explained there was no certification of insurance for voluntary bow hunts. Council Member McHugh stated that he was an avid deer hunter / outdoorsman and deer dying by starvation was crueler than culling them. He explained that natural food for deer was not flowers it was seedlings. He stated that bow hunting was an agonizing death due to the fact that the deer usually do not die right away. He explained that feeding the herd was increasing the problem. Council Member Palmeri agreed that allowing sharpshooters to cull the deer was more humane than killing them with a bow and arrow. He stated that he would like to see more use of non-lethal methods and then discuss culling of the remaining deer. Mayor Tower stated that he would support the resolution. He stated that this had been an ongoing issue and culling was part of the process not the complete process of the problem. Ordinance 09-13 Create an Ordinance to Allow Taxpayers to Request an Extension from the Board of Review for Hearing Appeals and to Specify the Requirements Related to the Presentation of Evidence at Board of Review Proceedings FIRST READING; LAID OVER UNDER THE RULES Ordinance 09-14 Amend Ordinance Related to Snow and Ice Removal FIRST READING; LAID OVER UNDER THE RULES Richard Breaker, 930 Alpine Court, stated that his concern with the ordinance was regarding the cleaning of the sidewalks to be done by noon. He stated that as a retired and partially disabled person that would be a problem. He explained that cleaning the sidewalks could take hours due to the fact that he does some and then rests. He questioned who was going to mandate the government buildings regarding the ordinance. He stated that several city 7 building had not shoveled out their fire hydrants and the parking lot; and sidewalks at City Hall were not as safe as they should have been after the ice storm. He explained those residents that hire may not have their sidewalk shoveled out by noon, as it would depend on how many clients the company had. Council Member Palmeri questioned what elderly citizens should do when they want to go for an afternoon walk and sidewalks were not shoveled. Mr. Breaker stated that this winter was an unusual winter. He stated that citizens should walk the best they can or wait a day. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Janelle Zukowski, 1708 Beech Street, stated that the current ordinance should be enforced. She stated that this year had been record snowfall and hardships for many. She questioned how the ordinance was to be enforced and if it was done by a call-in basis it could get out of control. Resolution 09-15 Approval of an Agreement with Urban Wildlife Specialists Inc., for Culling of Deer in Osborne Street Area ($125/Deer) MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND TO ADD "ANTERLESS" TO THE CONTRACT (Palmeri; second, King) LOST: Ayes (2) King, Palmeri; Noes (5) Bain, Tower, McHugh, Esslinger, Mayor Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Present (1) Esslinger Cindy Smith, 1345 Kensington Avenue, stated that she supported culling the deer. She stated that she would prefer to see them relocated. She stated that not only do the deer eat the flowers and shrubs but they also trample the flower beds. Dan Luebke, 1837 Olive Street, suggested that in the future to have a lottery hunt. He explained that those interested would be required to attend a shooter class to practice safety and make an accurate shot. Amy Haberkorn, 4711 Indian Bend Road, questioned if the residents were informed on the waiver for the 100 yards. She questioned if the shooters had the ability to go onto a patio of a residence and shoot. Chief Greuel stated that he had not received a waiver. He explained that the sites were not 8 within 100 yards of a residence. Council Member Palmeri questioned when the baiting was going to start and how many nights the sharpshooters were going to cull. Chief Greuel stated that the bait would start tomorrow and how many nights would depend upon how successful the culling was the first night. He stated that there could be as many as 40 deer culled. Council Member Palmeri stated that when the resolution for culling was passed it specifically stated antlerless deer and he questioned why the contract did not reflect that. He stated that 40 deer could delete the entire herd. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Chief Greuel stated that the sharpshooters would go for antlerless deer; however, it was not always easy to decipher between the two so rather than violate the contract the word was not implemented. He explained that there had been up to 45 deer in the herd; therefore, culling 40 would not be the entire herd. Mr. Rohloff stated that the DNR want antlerless deer culled and that was the direction that was given to the sharpshooters. Council Member Palmeri questioned where the information would come from as far as if the culling was successful or if there would be multiple nights. Mayor Tower stated that everyone would need to wait one day at a time to see what took place. Chief Greuel stated that the shooters were an experienced group and had done this type of work many times. He explained that they would base their dialog based on the recommendation of the quantity to cull as to how many nights they would need to be there. Council Member Palmeri stated that lead bullets could cause contamination in the meat and questioned the type of bullets that would be used. Chief Greuel stated that they use jacket ammunition; however, he would follow through to get the type of bullets used. Deputy Mayor Bain requested a report be provided based upon what took place during the culling. Chief Greuel stated that he would provide an analysis of the culling. Approval of use at Menominee Park for Oshkosh's 38t" Annual 4t" of July Festival, Sawdust Days (Park Board Recommends Approval) 9 MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Bain, King, Palmeri, Tower, McHugh, Mayor Tower; Present (1) Esslinger Tina Haffeman, 907 Washington Avenue, urged Council not to automatically renew the approval of Sawdust Days. She stated that the police responded proactively; however, there was a cost of almost $9,000 to the taxpayers for the service of the police. She questioned how many City departments and staff members work on the event and the total hours. She stated that in a memo from the Parks Director it stated that in January people start preparing for Sawdust Days. She questioned if their time was a donation from the City. She questioned what the City or Menominee Park received in return for hosting the event. She questioned the cost of the power boxes and if they were used for other events. She questioned if there were user fees for park and pavilion use. She questioned if departments were given a plan to indicate expenses. She questioned how attendance was determined and if there was a number that would be too many for safety concerns. She stated that the website had profits that were donated to Menominee Park and yet they claimed they had made no profit when PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 asked to donate to toward City services. She stated that due to tough economic times the Council should revaluate the event. She stated that all costs of the event should be transparent to all taxpayers. Ellen Schmidt, 4303 Swallow Banks stated that she was co-chair and had been for over 21 years. She thanked Council, Oshkosh Police Department, and all City entities for their support. She stated that they were not private; however, they were non-profit. She explained that the festival was free for the community. She explained that they pay for electric, garbage pickup and had donated over $30,000 towards the permanent infrastructures for the electrical in the park. She explained that Sawdust Days paid the wages for workers before, during and after the event. She stated that a few years ago Sawdust Days had been negative $20,000 due to lack of participation. She stated that they take the task of locating sponsors for the fireworks and pay for over half the cost of the fireworks. She explained that non-profit organizations raise most of their funds while working at Sawdust Days. She stated that she had never received an a-mail requesting information as the committee had open books. Council Member Tower questioned the cost of the fireworks. Mrs. Schmidt stated that the cost last year for the fireworks was $27,000. She explained that Festival Foods paid $12,500 and the committee paid the remaining cost. Council Member King questioned if there had been an update on the special events policy. Ms. Lorenson stated that the policy was in the works due to being short staffed it had been delayed. Council Member King questioned if there was a goal date to have the policy completed. 10 Ms. Lorenson stated that her office would get the policy to Council this year sometime and would be effective next year. Council Member King questioned if the policy would be regarding the use of City services and properties. Ms. Lorenson stated that the policy would cover the use of City services and properties. Council Member Palmeri questioned why Council Member McHugh had voted against the Sawdust Days 2009 at the Parks Board. Council Member McHugh stated that he was a supporter of Sawdust Days; therefore, the vote was an error. Tom Stephany, Parks Director, stated that Council Member McHugh had always voted in favor of Sawdust Days and that this was an error. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2OO9 Council Member Palmeri stated that he had been in support of Sawdust Days since 1989. He stated that he would continue to support it as long as there was a commitment to receive answers to the questions asked. Mayor Tower stated that he would work with Mark, Lynn and the Chief to get answers to the questions. Deputy Mayor Bain requested that there be an overview compiled regarding the impact of Sawdust Days to the City budget compared to other events held in the City, as well as events held outside of the parks. Mr. Stephany stated that there was no more work done for Sawdust Days by the City employees than for other events. He stated that staff does assist with all events held in Menominee Park. Mr. Rohloff stated that he would direct staff to track and monitor events. He stated that he thought it was a good idea and would see to it that staff would follow through. Deputy Mayor Bain stated that he would like to support partnerships; however, there needed to be staff input, direction and a policy that provided concrete facts to the Council. He stated that special events held in Oshkosh helped with the culture of the City. Mr. Stephany stated that the manager of Sawdust Days supervised the inmates that work the event and those inmates were paid from the Sawdust Days Committee. Council Member King stated there needed to be more information provided to Council 11 regarding statistics of events held. Deputy Mayor Bain stated that he did not want to put a hold on Sawdust Days due to the policy not being completed as it was not fair to that event. CITIZEN STATEMENTS Mary Kay, 925 North Westfield Street, questioned who was responsible for clearing the sidewalks by Brookside Apartments. Mr. Rohloff stated that the apartment complexes were responsible for clearing the snow from their area. He explained that the City would do the work if there had been a violation and it had been reported to Public Works. Mr. Patek stated that the Street Department had cleared the corner by the bus stop several times this year. He stated that the Transportation Department tries to shovel bus stop areas; however, he was not sure of their specification to the policy. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Mr. Rohloff stated that the Transportation Director was aware of the problem and would send crews out as requested. He stated that it was possible that bus stops may need a standing order to be cleaned due to the participants utilizing it. Patricia Definer, 318 Church Avenue, stated that she had concerns regarding the snow plows and the ice left on sidewalks. She stated that she was submitting pictures to the City's insurance company to show the danger. COUNCIL MEMBER ANNOUNCEMENTS, $TATEMENTS AND DISCUSSION Council Member Esslinger questioned if the City would be trying to receive funds to help prevent flooding situations. Mr. Rohloff stated that the City would be requesting funding, starting with the five year CIP plans. He stated that the City needed to look beyond city projects as other projects would benefit the city residents as well. Council Member Esslinger stated that Public Works had been working with another firm regarding the flood damage. He questioned if that report was near completion or completed. He questioned if this was a project that could go to the Federal Government as a request for funding. Mr. Patek stated that projects could not be turned in to the Federal Government. He stated that some of the projects they were working on included; the Perry Tipler School drainage 12 retention base; the land acquisition for the National Guard property and the Oakwood Road detention basin near Badger Avenue. Council Member Esslinger questioned if all plans should not be final so residents know what the plans were. Mr. Patek stated that they had been working on the Sawyer Creek plan so staff would be able to move forward and receive direction as to how to proceed next. He stated that all of the plans submitted had alternative options. Council Member King stated that an area of importance to her was the Riverwalk along the Marion Road project. She stated that for the developer to be responsible for cost would be difficult to add value to a TIF area. Mr. Rohloff stated that everything in the CIP was eligible. Mayor Tower announced that following the January 27'h meeting there would be a workshop regarding Single Stream Recycling. He explained that the sustainability workshop would be put on hold due to the Energy and Environment Committee not being prepared. Council Member Tower stated that he was confused at the process. He stated that all that was needed was an overview of what the Energy and Environment Committee had done and their approach for the future. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Mayor Tower stated that Danni or Ron would be willing to come to a workshop and provide the information requested. Council Member King stated that the staff liaison could provide information. She stated that she agreed there should be a workshop regarding sustainability. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that the City was not working with a formal snow and ice removal policy. He stated that generally at 3" there would be plowing, except in ice storms. He explained that each storm was evaluated. He stated that there were 26 primary and secondary routes. He explained that each driver needed to go through those routes and then proceed as fit. He stated that the issues were with expectations of residents and how the roads should be. He explained that the goal was to clear to the pavement on the primary and secondary routes, with special focus on intersections, curves and hills, then focus on other streets. He stated that remaining streets do not receive salt. He stated that during the ice storm 300 tons of salt had been used. He stated that currently 2500 tons have been used, leaving 2800 tons left. He stated that when the temperature was below 20 degrees salt had no effectiveness. He stated that salt was a limited commodity. He stated that as the streets had widened over the years leaving the terraces smaller. He stated that there had been a 15 year run of less snow. He stated that the crews had one day off in December and their first weekend off last week since Thanksgiving. He stated that he understands the frustrations of the residents. He stated that 13 the 12 noon proposed ordinance was regarding the residents that were not complying with the current ordinance. He explained that by having a specific deadline would be easier to enforce rather than saying within a 24 hour period after the snow stopped. He explained the new ordinance was to stop the repeat offenders that use the City as a shoveling service. He stated that with the new ordinance the time would start over with each snow fall. He stated that so far the City had not declared snow emergencies, that they had been requesting the residence to voluntarily move their vehicles off of the streets when there were snow storms. Mr. Patek stated that snow hauling was done on cul-de-sacs and parking lots. He explained that the crews had been removing snow during third shift so there were no conflicts with traffic. He stated that the departments had been dealing with concerns from all angles and they had been trying to balance many different issues. Kevin Uhen, Superintendent of the Street Department, stated that the speed of the snowplow drivers depends upon how much of the street was needed to be cleaned and how high the snow banks were. He stated that all snowplow drivers were recommended to watch their speed. Council Member Palmeri stated that due to the amount of snow this winter other municipalities were going to strict parking on the odd or even side of the street. He questioned what declares a snow emergency. Mr. Rohloff stated that there was justification this year to have declared a snow emergency. He stated that it was disruptive to the police department when a snow emergency was declared. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Council Member Palmeri stated that Oregon Street was dangerous with parking on both sides, therefore parking should not be allowed on both sides. Mr. Patek stated that the snow had been removed from Oregon Street; however, drivers needed to have patience and slow down. Council Member Palmeri questioned what the chain of command was to declare a snow emergency. Mr. Uhen stated that he was first and then there were two supervisors that alternated weekends and they resided in Oshkosh. Council Member Palmeri stated he had concerns with the bus stops and shoveling those areas out. He stated that the street crews should be shoveling the bus stops. He questioned why parking lots were plowed in the early morning hours since most of the businesses open mid- morning. Mr. Patek stated that there was no code regarding bus stops. He stated that with the new ordinance residents would be required to shovel corners. He explained that there were 25 14 parking lots to plow along with the 26 routes. Council Member Palmeri questioned who was responsible for snow removal in the lots of businesses that were no longer in business. Mr. Patek stated that Community Development would need to be contacted regarding that information. Council Member Palmeri questioned who would be liable in the case of an accident. Ms. Lorenson stated that it would be the property owner depending if permission was granted to be on the property or not. Council Member McHugh questioned why the Street Department had discontinued shoveling corners. He stated that they used to provide that service. Mr. Patek stated that they do shovel some sidewalks currently along with the Parks Department. Mr. Rasmussen, retired Street Superintendent, stated that at the time the Street Department handled shoveling of the corners, they had 60 employees and currently there were less than 30 employees. Council Member McHugh questioned why inmates would not be allowed to shovel out hydrants. He stated that he would not support the ordinance change from the 24 hour rule to noon the next day. PROCEEDINGS OF THE COMMON COUNCIL -JANUARY ~3, 2009 Mr. Patek stated that the intent of the code was to prevent snow from piling upon the hydrant. He explained that the Water Distribution had taken backhoes out to remove the snow pile up from hydrants. Council Member McHugh stated that Oregon Street had been dangerous. He questioned why it had taken so long to remove the snow. He stated that years ago the snow would have been removed in a timely fashion and it was taking too long and affecting public safety. Mr. Patek explained that there was no comparison as this year had been a record year. He stated that the crews had been plowing continuously and had not had time for snow removal. Mr. Rohloff stated that there were a significant number of fewer employees than what they had had in the past. Council Member McHugh stated his concern with the lanes of traffic not being plowed wide enough. 15 Mr. Patek stated that this was a record snow fall year and there was no place to go with the snow. Council Member King questioned if the Street and Sanitation departments crosstrained. Mr. Patek stated that they do cross train jobs. Council Member King questioned if the automated garbage pick up would relieve people for more snow removal. Mr. Patek stated that it would indeed relieve people to provide help elsewhere. He stated that there had been too many positions lost in the last eight years. Mr. Rohloff stated that it would be efficient to have the automated trucks. Council Member King stated that this was a prime example of the impact the automated trucks would have. Council Member Esslinger stated that he would not support the ordinance with the change from 24 hour to noon for cleaning off the sidewalks. He suggested a compromise to the deadline being 9 p.m. the next evening. MOTION: ADJOURN (Bain; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 10:09 p.m. PAMELA R. UBRIG CITY CLERK 16