Loading...
HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, February 10, 2009 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, Jessica King 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 Palmeri read the Invocation. The Pledge of Allegiance was led by students from Merrill School. A proclamation was presented by Mayor Tower declaring February 10, 2009 as "Spay Day USA" in the City of Oshkosh. CONSENT AGENDA Approval of Bills Presented by the Finance Director. Approval to Terry's Bar /Utilize Menominee Park for their 9t" Annual Fishing Event /May 16, 2009. Approval to the Oshkosh Recreation Department and Oshkosh Seniors Center /Utilize Menominee Park /May 6, 2009. Approval to the Paine Art Center and Gardens /Utilize City Streets for Festival of Spring /May 16, 2009. Approval to the University of Wisconsin-Oshkosh /Utilize Menominee Parkfor Fishing Has No Boundaries /May 29 - 31, 2009. Approval to the Oshkosh Chamber of Commerce and the Oshkosh Area Economic Development Corporation /Utilize Opera House Square for Live at Lunch Concert Series / June 3 -August 26, 2009. Approval to the Race Unity Social Planning Committee /Utilize Abe Rochlin Park for the 16t" Annual Race Unity Social /June 14, 2009. 1 Approval to Gray Beard Productions, Inc. /Utilize South Park and facilities for 4t" Annual Fox Valley Motorcycle Show /June 6 and 7, 2009. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2OO9 Approval to the Oshkosh Fine Arts Association /Utilize South Park and facilities for 52nd Winnebagoland Art Fair /June 13 and 14, 2009. Receipt of Claim filed with the City's Insurance Company / Adalberto Vasquez, 1153 North Main Street, in the amount of $214.78 for damages to his vehicle allegedly hit by a snowplow. Receipt of Claim filed with the City's Insurance Company for alleged excessive assessments for the following properties: A) Dowling Investments Atlas, LLC / $7,188.00 / 2830 Atlas Avenue B) DJ Oshkosh WWI, LLC / $5,397.00 / 1601 South Washburn Street C) Daniel E. Dowling / $13,778.00 / 3596 Stearns Drive Receipt of Claim filed with the City's Insurance Company / Erich Schwenker, Agent for Wisconsin Housing Preservation Corp., in the amount of $18,267.44 for alleged unlawful taxes on the property located at 1705 Maricopa Drive. Receipt of Claim filed with the City's Insurance Company for alleged excessive assessments for the following properties: A) J. Peter Jungbacker / $3,665.79 / 480 North Main Street B) J. Peter Jungbacker / $413.07 /Quail Run Drive (lots 17 and 18) C) J. Peter Jungbacker / $185.92 /Quail Run Drive -parcel number 0660260000 D) J. Peter Jungbacker / $589.88 /Quail Run Drive -parcel number 0660200000 E) J. Peter Jungbacker / $401.88 /Wilderness Place -parcel number 0660030000 F) J. Peter Jungbacker / $4,251.78 / 1621 West 20t" Avenue G) J. Peter Jungbacker / $9,297.10 / 1627 Elmwood Avenue H) J. Peter Jungbacker /$11,419.22 / 1191 High Avenue I) J. Peter Jungbacker / $22,482.24 / 1530 South Koeller Street Receipt of Claim filed with the City's Insurance Company /Jessica Hutson Polakowski of Reinhart Attorneys at Law on behalf of Walgreens Co., in the amount of $51,191.05 plus interest for alleged excessive assessment on property located at 950 Koeller Street. Receipt of Claim filed with the City's Insurance Company /Matt McGinn, Manager of Grant Thornton LLP. In the amount of $642.00 for alleged unlawful taxes on property located at 2550 South Washburn Street. Resolution 09-40 Approve Granting Electric Transmission Line Easement to American Transmission Company, South of Marine Drive in the Town of Oshkosh (Plan 2 Commission Recommends Approval) PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2OO9 Resolution 09-41 Approve Amendment No. 3 Agreement with MSA Professional Services in the amount of $60,889.36 for Additional Engineering and Survey Services for the North Main Street Reconstruction Project Resolution 09-42 Approve Agreements with Wisconsin Department of Transportation for Utility Relocations at Reconstruction of US Highway 41: A) Witzel Avenue / Washburn Street / Koeller Street / Rath Lane (Sanitary Sewer-$78,328.25; Water Main-$118,333.00) B) Snell Road / Fernau Avenue (Sanitary Sewer-$114,012.50; Water Main-$41,762.00) Resolution 09-43 Authorize City Manager to Enter into Long Term Stormwater Maintenance Agreements for Developments Required to Maintain Private Stormwater Facilities Dick O'Day, 715 Hazel Street, questioned the stormwater maintenance agreement. Mayor Tower explained that this was allowing the City to take care of the stormwater maintenance on a private entity where it was not being maintained. Resolution 09-44 Approve Change Order No. 3 for Public Works Contract No. 06-14 with Kruczek Construction Inc., for Concrete Paving (+$1,417.50) Resolution 09-45 Approve Change Order No. 2 for Public Works Contract No. 08-05 for Miron Construction Co., Inc. for the Water Filtration Plant Modifications and Demolition Project (+$295,124.52) Resolution 09-46 Award Bid for Public Works Contract No. 09-01 to Feaker and Sons Co., Inc. for Various Sanitary Sewer and Water Main Projects ($624,088.40) Resolution 09-47 Rescind Property Taxes (Wisconsin Department of Transportation) Resolution 09-48 Approval of Special Class B Licenses, Operator's Licenses and Taxicab License MOTION: ADOPT CONSENT AGENDA EXCLUDING RECEIPT OF CLAIM FILED WITH THE CITY'S INSURANCE COMPANY /JESSICA HUTSON POLAKOWSKI OF REINHART ATTORNEYS AT LAW ON BEHALF OF WALGREENS CO., IN THE AMOUNT OF $51,191.05 PLUS INTEREST FOR ALLEGED EXCESSIVE ASSESSMENT ON PROPERTY LOCATED AT 950 KOELLER STREET; RESOLUTIONS 09-43 AND 09-45 (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower 3 PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2OO9 Receipt of Claim filed with the City's Insurance Company /Jessica Hutson Polakowski of Reinhart Attorneys at Law on behalf of Walgreens Co., in the amount of $51,191.05 plus interest for alleged excessive assessment on property located at 950 Koeller Street. MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Palmeri questioned if the City knew what the dispute was for. Ms. Lorenson explained that last year Walgreens Company had filed a lawsuit and the Supreme Court made a decision. She stated that this was an additional claim added to the previous existing claims that had been filed with the City. Resolution 09-43 Authorize City Manager to Enter into Long Term Stormwater Maintenance Agreements for Developments Required to Maintain Private Stormwater Facilities MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Palmeri questioned what would happen in the event of a dispute. Mr. Rohloff stated that it was a request from the DNR that municipalities participate. He stated that it would allow the City to enforce maintenance on ponds. He explained that if the City completed maintenance on a pond it would be charged as a special assessment. Council Member Palmeri questioned what if the property owner disagreed. Mr. Patek stated that input would be required from the DNR. He explained that if the basin filled up with sediment and was not catching anymore sediment or there were eroding slopes it would be hard to dispute. Resolution 09-45 Approve Change Order No. 2 for Public Works Contract No. 08-05 for Miron Construction Co., Inc. for the Water Filtration Plant Modifications and Demolition Project (+$295,124.52) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower Council Member Tower questioned the cost of the project. He questioned where the project was at as far as construction. 4 Steve Brand, Superintendent of Utilities, stated that the contractors were discovering problems that were not anticipated. He stated that the project started off slow; however, now it was moving along. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Council Member Tower questioned where the cost was at as far as what was estimated. Mr. Brand stated that the final estimate on the project was close to $9 million and the bid came in at $6 million. He explained that the City had self-performed $700,000 of work by demolition of the east and west basins. He stated that the Public Works Department had done a spectacular job with the demolition. Mr. Patek stated that there was a financial summary and a list of change of orders. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 09-49 Give Direction Regarding Recycling Materials: A) Manual Collection /Dual Stream Recycling B) Manual Collection /Single Stream Recycling C) Automated Collection /Single Stream Recycling MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND OPTION A-CITIZENS PURCHASE BINS (NOT BAGS) (Palmeri; second, Esslinger) LOST: Ayes (3) Palmeri, McHugh, Esslinger; Noes (4) Tower, Bain, King, Mayor Tower MOTION: ADOPT OPTION C (Bain; second, Tower) CARRIED: Ayes (4) Tower, Bain, King, Mayor Tower; Noes (3) Palmeri, McHugh, Esslinger VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (4) Tower, Bain, King, Mayor Tower; Noes (3) Palmeri, McHugh, Esslinger Robert Cornell, 548 West Smith Avenue, stated that citizens of Oshkosh did not like change. He stated that option C saved the City money and urged Council to consider economics when they vote. Karl Schultz, 2782 Fond du Lac Road, urged the Council to consult with people other than the salesman of the trucks to gather information from all aspects. He stated that there was a company in Oshkosh that restores vehicles as good as new or better for half the cost as new. 5 Jerry Anklam, 1402 Liberty Street, stated that there was a higher maintenance with side arm loaders and repairs would be costly. He stated that with the side arm loaders there was not a way to tell what was being thrown away. Dick O'Day, 715 Hazel Street, stated that there was an increase in maintenance and there would not be a savings. He explained that there would be no need for garbage men to assist with picking up the garbage; therefore, there would be a cut in jobs. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2OO9 Mayor Tower stated that there was a 15% increase for maintenance cost. He questioned if the percent increase came from the Madison program. Mr. Patek stated that the increase amount came from the Madison program. Mayor Tower requested Mr. Rohloff to read through the savings explanation. Mr. Rohloff stated that the capital cost verses the operating cost was calculated in a nine year time period. He stated that the savings shown included the City covering the entire cost of the bins and the increase for maintenance. He stated that there would be a reduction in staff of two full time employees, which would allow for saving in workman's compensation and tipping fee. He stated that there was a cost of savings per ton with recyclables than with refuge. He stated that with all of the variables explained there would be a savings of over $400,000. He stated that if the residents were to purchase their own bins there would be a savings of $1, 350, 000. Council Member Esslinger questioned if there would be two days a week for garbage pickup. Mr. Patek stated that there would not be two days per week for pickup. He stated that half of the homes would be picked up one week and the other half the next week. He stated that both recycling and garbage would be picked up the same day. Council Member Esslinger questioned if there was a guarantee that there was going to be one day for both pick ups. Mr. Rohloff stated that it made the most sense to do it that way. Council Member Esslinger questioned what four apartment units would do with four individual bins. Mr. Patek explained that the driveways were larger so they would line the bins on the aprons. Council Member Esslinger stated that the college area was crowded with parking. He questioned if that would cause problems for the trucks to maneuver. He questioned if there would be problems with one-way roads and alleys. Mr. Patek explained that the arm on the trucks extended. He stated that Public Works would 6 work with areas that were impacted with specific problems. He stated that sanitation did not pick up garbage in alleys. Council Member Esslinger questioned the additional employee that would be needed for single stream manual and dual stream manual. Mr. Patek explained that a position would be filled in the Sanitation Department as it was temporarily being filled in by a Street Department employee. He stated that this would allow the Sanitation Department to be at full staff. He stated that to go with the automated pick up would allow the City to save by eliminating two full time positions in the Sanitation Department. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Council Member Esslinger stated that if an employee went from the Street Department to the Sanitation Department there would be no increase on employee cost. Mr. Patek stated that they would stop bringing over help from the Street Department and have a full staffed operation. He stated that services and utilities decreased because of the employee having to help with sanitation. Mr. Rohloff stated that he comprehended what Council Member Esslingerwas stating; however the end result would be the same. Council Member Esslinger stated that to save $120,000 per year two full time employees would have their jobs cut. Mr. Rohloff stated that would be correct due to the automated being more efficient. Council Member McHugh stated that at the workshop it was $120,000 savings, at the end of the meeting it was $200,000 and tonight it was said there would be $500,000 saved. He stated that there would be a 15% increase for maintenance and the cost of the new trucks verses a current truck was $300,000. He stated there would be a penalty of $18,000 annually for the removal of blue bags at the recycling center. He stated that none of the constituents that he had spoken with were for the automated trucks. Council Member Tower questioned the direction recycling was taking as far as the future, if the cost for recycling continued to increase. Mr. Rohloff stated that three surrounding counties had invested in the single stream recycling. He stated that there was a savings of $250,000 over a nine year period. Council Member Tower questioned the number of cities that had gone to automated service. Mr. Rohloff stated that Wauwatosa, Madison, Appleton, De Pere, Ashwaubenon, and Fond du Lac had made the transition. He stated that Ashwaubenon and De Pere went automated then to single stream. Council Member Tower questioned what the single stream manual bin was and if they were 7 something that would need to be taken to the curb. He stated that the problem for the elderly was to take the bin to the curb and then put it away. Mr. Rohloff stated that the bins would be purchased by the residents and would need to be taken to the curb. He stated that with the bin or the cart there would be additional inconvenience. Council Member McHugh questioned what the ramification was if the City would not make any changes and continue as it was. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Mr. Rohloff stated that the City could continue as it was until the County demanded that no blue bags be used. He stated that Oshkosh would be the one City in the county that was not participating. Mr. Patek stated that option A was staying with the blue bags, option B was with the residents purchasing bins and option C was the City purchasing carts. Council Member McHugh questioned if the penalty for blue bag use had been implemented. Mr. Rohloff stated that currently there was no penalty being implemented. Council Member Esslinger questioned if the sanitation employees had been contacted to see what their advice was for each scenario. Mr. Patek stated that he had not contacted the sanitation employees. He stated that his assumption for their decision would be to remain as it was, so there would be no jobs lost. He stated that this was a way to save tax dollars. Mr. Rohloff stated that once a policy was implemented they would receive insight from the employees as to what would work best for different areas. Council Member Esslinger stated that it would be best to receive opinions prior to implementing something that costs so much money and may not work well. Mr. Patek stated that prior to purchasing sewer cleaning equipment it was tested first by the Street Department then the bids went out. He explained that staff gives direction; Council makes the decision on the policy and then employee insight. Council Member Esslinger stated that he liked to hear opinions from all sides. He stated that for him to consider to vote in favor of change from what was currently working there needed to be proof that what was in place would have to be defective or would be superior to what was in use in order to justify the cost. Mr. Patek stated that the blue bags would not work at the new plant and affect the operations. 8 Council Member Esslinger stated that he was not satisfied with the answers to the questions pertaining to the parking problem areas. He stated that with the economy and the cost he was not sure what the best thing to do was. Council Member King stated that if the cart purchase was removed from the CIP and purchased by the residents she would support the resolution. Council Member Palmeri stated that the County would force the City to ban the use of blue bags. He stated that the bags were not "green" and they would get caught in the machine and cause problems. He stated that the County was not demanding single stream recycle. He stated that dual stream could be used without blue bags. He stated that the County was not forcing automotive pick up. He stated that it would be "green" to reuse the trucks the City currently has. He stated that single stream recycling was not "green" due to higher PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 contamination from everything being mixed. He stated that there was a savings due to the loss of two employees. He stated that he had suggested to stop outside labor negotiations and that would save 10's of thousands to 100's of thousands dollars and would not require job loss. He stated that he had suggested not filling the purchasing agent position to save funds. He stated that citizens have not been educated. He explained that for the last year it had been assumed that to go single stream the City needed to go automated and that was not so. He stated that there was not enough information pertaining to new parking ordinances, how to replace old bins, where to go with old garbage cans, penalty with leaving bins in the driveway. He stated that the majority of residents he had spoken with did not want automated. He stated that there had been problems if the driveway was not paved how the bin would settle or in bad weather on unpaved driveways it created ruts, bins get crushed and the lid becomes non-functional. He stated that he was in favor of dual stream manual and the residents purchased the bins. Mr. Patek explained that all of the recyclables would be comingled on the truck; there was no need to separate and that plastic bags would not be allowed. Council Member Palmeri stated there needed to be public education with all decisions made. Council Member King explained that if the City had dual stream it would not matter because the end result at the County would end up comingled. Council Member Esslinger stated that proposal B would be every other week for pick up and it would save money. Mr. Patek stated that there would be no money saved as there would be no job cuts. Council Member Esslinger stated that there would be a saving on fuel and maintenance. Mr. Rohloff stated that with that option they would continue to pick up weekly. Council Member Esslinger questioned if there would need to be a resolution limiting the poundage per bin. 9 Council Member King questioned if there would be possibilities to relocate employees so there would be no layoffs. Mr. Rohloff explained if there were vacancies that employees could move to and there would be openings due to employees retiring. Council Member King stated that the budget was not reduced by two employees. Mr. Rohloff stated that if the resolution was approved it would be worked out so that the organization table was reduced by two employees. Deputy Mayor Bain stated that he wanted the policy to read what would be practiced. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Mr. Rohloff explained that the ordinance would be changed from alternating weeks to read that everything would be picked up every other week. He stated that the purpose was to make the policy decision and changes would be worked out at a later date. Council Member Palmeri stated that proposal B would allow residents to purchase bins of their choice. Deputy Mayor Bain stated that he would be opposed due to the confusion regarding ordinances and choices. Council Member Tower stated that he would not support the amendment because it would not eliminate comingling and two bins needed to be purchased rather than one. Council Member Palmeri stated that there needed to be one bin purchase because residents would alternate recyclables each pick up. Mr. Patek stated that two bins were needed. Deputy Mayor Bain questioned where the other recyclables would be stored for two weeks. Mr. Rohloff explained that one bin would work because they would not need to be separated as they would be comingled at the landfill. Council Member Palmeri stated that some residents would purchase multiple bins. Council Member King requested direction be taken that would allow the cost of the carts to be a special assessment for residents. Ms. Lorenson stated that removal to purchase carts from CIP would come back to Council and be removed at that time. 10 Mr. Rohloff stated that there were details that needed to be worked out regardless of the decision. Deputy Mayor Bain stated that there would be a decrease in personnel cost and decrease in workers compensation cost. He stated that there was a savings of $250,000 to $1.5 million over a nine year period. He stated that there was an increase in productivity and recycling and that it was overall better for the community. Council Member Tower stated that it was an opportunity to save dollars sooner rather than later. Mayor Tower stated that he would support the resolution due to the amount of money saved due to there were not many areas where the City could save. He stated that he supports the carts to be purchased by the residents. He stated that in reality the blue bags were to become obsolete. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Council Member Esslinger questioned the size of the bins. Mr. Patek stated that there were two sizes: 63 or 92 gallon. Council Member Esslinger questioned if there was a price difference. Mr. Rohloff stated that he was not sure. He stated that his assumption was that there would not be a difference. He stated that Madison had offered the residents the choice of size. Mayor Tower stated that he would support allowing the residents the choice of size. Mr. Rohloff explained that once the resolution was approved it would be brought back to the Council for all other decisions to be allowed. Council Member Esslinger stated that he would not support the resolution. He stated that over nine years there was a savings. He stated that there was no need to hire additional employees with the current use and he was not satisfied that there was no input from sanitation employees. CITIZEN STATEMENTS Brian Kienert, 1647 Sanders Street, thanked the Council for their support with the pedestrian and bicycle plan. He stated that the plan needed to be updated as it was created 10 years ago. He urged Council to request the use of funds from the stimulus to proceed with the projects. He stated that he had concern for bikers' and walkers' safety. He urged the Council to allow the plan to move forward on the agenda for the following meeting. Mary Lois Huybers, 2760 Minerva Street, stated that there needed to be bike and pedestrian 11 paths on the bridges. She stated that biking was an encouragement to good health and longevity. Carol Bartow, 1030 West 20t" Avenue, urged Council to move forward with applying for grants. She stated that having trails would bring tourist to the area. She explained that Fond du Lac had received 80% to 90% funding for their trails from grants. Nancy Binder, 1210 Moreland Street, urged the Council to continue to support the residents that had problems with the deer herd. She stated that she enjoyed watching the deer; however, the population had increased significantly and help was needed. She stated that she had, and would continue to use, non-lethal alternatives. Amy Haberkorn, 4711 Indian Bent Road, urged Council to cancel the contract and stop the culling. She stated that anger had grown among citizens and the community had become divided. She explained the spray she made in her kitchen had kept the deer from eating her plants and shrubs. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 John Hibbard, 1408 East Nevada Avenue, urged the Council to terminate the contract and stop the culling. He stated that the majority of those that received the survey were against the culling. He stated that it was not a safety issue as the car/deer crashes had decreased over the years. Steve Voss, 1025 Canterbury Drive, urged the Council to continue to cull. He stated that the herd size had increased. He stated that there had been several public meetings and those against the culling started to respond after the decision to cull was decided. He stated that those opposed to the culling do not reside in the area that has the problem. He stated that it should not be at his expense for citizens to drive through the area to view the herd. Gene Vesperman, 218 East New York Avenue, urged Council to terminate the contract and stop culling the deer. He questioned the intent of the survey. He explained the survey was a waste of time since it had shown there was no problem. Scott Crubaugh, 530 Algoma Boulevard, stated that there were deer herds throughout the city. He questioned if the Council intended to do culling in all areas. He explained that he enjoyed watching the deer and that his plants had grown back after the deer ate them. He stated that there was a problem with seagulls. Leo Chantelois, 443 West 4t" Avenue, stated that the work that was completed by the old railroads was a nice job. He stated that he had concerns for the paint peeling off of the old boat works building. He stated that a neighbor's child was tested positive for lead poisoning and they had no lead contamination found in their home. He stated that he found several dead animals in that area. He stated that there had been discussion for over three years regarding the destruction of the building and he urged Council to proceed. He questioned if the paint 12 could be tested for lead poisoning. Michael Shew, 560 North Scott Hall, Algoma Boulevard, stated that the majority of the citizens were against the culling. He stated that the residents had a choice to live in that area. He stated that it was immoral to put an animal in a cage and shoot it. Donna Woodland, 1715 Taft Avenue, stated that there was no problem with car/deer crashes. She questioned what was being done with the deer and if the meat was tested for diseases. Doris Dehn, 1241 West 9t" Avenue, explained that everyone needed to view the situation with an open mind. She stated that citizens use the deer to decompress after a long day. She urged the Council to terminate the contract and stop culling. Patricia Definer, 318 Church Avenue, stated that Steve Sagmeister had done a good job handling the citizens during the culling. She urged the Council to stop the culling. Joe Schirger, 1355 Cambridge Avenue, urged the Council to continue to cull and control the herd population. He stated that there were too many deer per acre. He explained how costly it was to continuously replace plants and shrubs. John Kosmer, 1350 Kensington Avenue, urged the Council to continue the culling. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2OO9 Amy Wortman, 14 Indigo Drive, stated she was against the culling. She stated that she would be available after the meeting to discuss alternatives of non-lethal methods to control the herd. Kristin Nigl, 631 West 10t" Avenue, stated that she was against the culling. She stated that the majority of citizens surveyed had no problem with the herd. She suggested having a committee of citizens created to work together to find solutions to satisfy both sides. Mike Beeth, 1125 Devonshire Drive, urged the Council to continue the culling. He explained that non-lethal methods had been used and citizens were not satisfied since the deer kept coming. Lorrae Crubaugh, 530 Algoma Boulevard, stated she was against the culling. She stated that both sides had good arguments for their reasons. She urged Council not to rush with any decisions. Bob Poeschl, 912 Bay Shore Drive, commended Council for their patience. He stated that continued education was needed regarding non-lethal methods. He urged Council to stop culling and continue use of sustainable methods. He stated that the City continued to build around pockets of forests and then the deer have no place to go. Theresa Beeth, 1125 Devonshire Drive, thanked the Council for being proactive. She stated that she was thankful to the Chief and the Oshkosh Police Department for their courteous response to the culling. She explained that the problem had been growing out of control for the last three years so this was not a decision that had been rushed into. She stated that 13 according to the DNR goals there were too many deer per acre. She explained a deer was found in the park that had died from starvation. She stated that starving was less humane than culling. She stated that her family would continue to use non-lethal methods after the culling to try to control the herd size. Virginia Borgardt, 1104 Minnesota Street, stated that she was against the culling and it was a waste of tax dollars. Jane Daugherty, 11 Canniff Court, stated that the results from the survey showed there was no problem. She stated that she would like non-lethal alternative methods used. Laura Jean Suess, 1115 Canterbury Drive, thanked the Council for culling the herd and dealing with the deer issue. She stated that culling the herd was the most humane method to use. She explained that the scat from the deer had health issues on domestic animals in that area. Linda Grant, 1405 Cambridge Avenue, stated that she supported the culling. She stated that the residents had suffered continuous damage long enough. Lisa Voss, 1025 Canterbury Drive, stated that she supported the culling. She explained that it was a continuous cost and time to residents to repair their yards. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Mary Thiel, 1310 Kensington Avenue, stated that she supported the culling. She stated that deer become accustomed to plants and begin to eat what they normally would not as hunger grows. Cindy Smith, 1315 Kensington Avenue, stated that she supported the culling. She stated that she was against the culling in the beginning; however, she realized there was no other alternative. She stated that starvation was inhumane. She explained that there were several children in the area and was concerned with the possibility of confrontations with the deer during rutting. Jerry Krueger, 357 West 10t" Avenue, stated that he was against the culling. Joe Thiel, 1310 Kensington Avenue, stated that he supported the culling. He thanked the Council for their attention and taking responsibility to handle the herd. Janet Helstrom, 1706 Evans Street, stated that she was against the culling. She stated that non-lethal methods took time to work and there had not been enough time. Dave Abraham, 811 East Irving Avenue, urged Council to develop safe bike routes over Highway 41. 14 Ann Keiser, 3475 Sheppard Drive, stated that she was opposed to the culling. She stated that there was not enough time provided to the alternative methods being used. She stated that the majority of those surveyed were against the culling. Jay Schroeder, 1295 North Lake Street, Neenah, stated that the stimulus bill had passed and urged Council to contact the government for funding. Dolores Gade, 835 Harmel Avenue, stated that she was opposed to the culling. She explained that there was a problem with rabbits, foxes, raccoons and squirrels and questioned how that problem would be handled. Steve Barney, 1335 Summit Avenue, stated that he was against the culling. He urged the Council to consider a contraceptive method. He thanked City Manager Rohloff for including the riverwalk in the pedestrian and bike plan. He encouraged the Council to continue to move forward with updating the plan. He stated that the 1995 comprehensive plan had listed 13 priorities and two of them were regarding the bike plan. He explained that because the plan was on hold it would continue to lose opportunities for funding. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mayor Tower announced that the Sustainability Workshop would be held on March 10, 2009. Council Member Esslinger stated that the Oshkosh Police Department deserved an apology from the citizen that stated that they were good at shooting people. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 CITY MANAGER ANNOUNCEMENTS, $TATEMENTS AND DISCUSSION Mr. Rohloff provided Council a packet regarding the status of the deer culling. He stated that the deer were not being tested for CWD. He stated that there was a deer found dead from starvation in a backyard on South Park Avenue. He stated that the additional cost to the City for the culling was for the Public Informational Officer. He explained that the City would receive a grant for up to 50% of the cost, which would be $3,307.00. He stated that currently the cost was at $1,523.00. He explained there would be another culling; however, at this time there was not a date set. Council Member Palmeri questioned what the herd number was in 2006. Chief Greuel, Oshkosh Police Department, stated that he was not aware of any counts from that year. Council Member Palmeri stated that the deer/car crashes had decreased while the herd number increased. Chief Greuel stated that the statistics were not accurate as they had included the months 15 through September and not October, November or December. Council Member Palmeri questioned if accidents would increase now due to the culling and the herd running. He questioned if there was public warning that the deer were moving more and why there were not any deer crossing signs. Chief Greuel stated that deer had often crossed 9t" Avenue. He stated that he would explore the sign issue as it was a good suggestion. Council Member Palmeri questioned if any of the deer culled were starving and why a fawn was culled. Chief Greuel stated that the sharpshooters were within the authority of their contract. Council Member Palmeri questioned why the Oshkosh Humane Society was not included in the resource packet that had been provided. Chief Greuel explained that the City had worked with the Humane Society of the United States. Council Member Palmeri questioned why there were no residents listed in the resource packet that were opposed to the culling. Chief Greuel explained that the residents listed in the packet were those that were at all of the meetings and had a concerned interest from the beginning. Council Member Palmeri stated that he felt the scope was not broadened to all interested. PROCEEDINGS OF THE COMMON COUNCIL -FEBRUARY 1O, 2009 Chief Greuel stated that all meetings had been public and those that wanted to voice opinion and were interested attended meetings. Council Member Palmeri stated that the City ignored the results of the survey as the survey stated the majority of residents had no problem. Chief Greuel stated that the survey was not ignored. He explained the survey had been conducted to see if there was a problem and it clearly stated there was. Council Member McHugh stated that fawns had not been dropped yet. He explained that the deer labeled as fawn was likely to be a yearly and it did not have spots. Mr. Rohloff stated that 53 projects had been submitted, each on separate forms for the stimulus package. He stated that the museum and zoo were removed from the list. Mayor Tower questioned if there had been any correspondence from the State as to how the funding would come down. 16 Mr. Rohloff stated that there had not been any correspondence; however, it was an intense bureaucracy. MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE FOR AN ADDITION TO THE NORTHWEST INDUSTRIAL PARK PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES. (Bain; second, Esslinger) CARRIED: Ayes (7) Palmeri, Tower, McHugh, Esslinger, Bain, King, Mayor Tower MOTION: ADJOURN (Bain; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 10:20 p.m. PAMELA R. UBRIG CITY CLERK 17