HomeMy WebLinkAboutMinutes from 4/14/2009PROCEED/NGS OF THE COMMON COUNC/L
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REGULAR MEETING held Tuesday, April 14, 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, Paul
Esslinger and Mayor Frank Tower
EXCUSED: Council Member Dennis McHugh
ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Dave Praska,
Assistant City Attorney, and Dave Patek, Director of Public Works
Council Member Bain read the Invocation.
The Pledge of Allegiance was led by Jonas Wagner and Sam Fitzhenry from Webster Stanley
Elementary School.
The Mayor presented the following proclamations declaring:
1. April 23, 2009 as "Take Your Child to work day"
2. The month of April as "Alcohol Awareness" month
3. April 12 - 18, 2009 as "National Library Week"
PUBLIC HEARINGS
Resolution 09-95 Approval of Final Resolution for Special Assessments - Sanitary Sewer
Main and Sanitary Sewer Laterals / Ontario Street and Murdock Avenue
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Ordinance 09-96 Approve Zone Change from R-2 Two Family Residence with a Planned
Development Overlay to C-3 Central Commercial with a Downtown
Overlay / 17 East Parkway Avenue and Adjacent Vacant Lot to the South
(Plan Commission Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 09-97 Approval of Map Amendment to the City's Comprehensive Plan Land Use
Maps Changing the Land Use Designation of Property on Island View
Drive, Town of Oshkosh, from Commercial to Residential (Plan
Commission Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
PROCEEDlNGS OF THE COMMON COUNCIL - APR~~ 14, 2009
Consent Agenda
Approvai of March 24, 2009 Council Minutes.
Approval of Bills Presented by the Finance Director.
Approval of Cash Report for the Month of February 2009.
The City of Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the
April 7, 2009 Election for the City of Oshkosh Mayor declaring Paul Esslinger as elected; and,
for the City of Oshkosh Common Council declaring Tony Palmeri, Jessica King and Bob
Poeschl as elected.
Approval to UWO / Utilize City Sidewalks for the Titan Triathlon / May 10, 2009.
Approval to Oshkosh Patriotic Council / Utilize City Streets for the Memorial Day Procession /
May 25, 2009.
Approval to Oshkosh Seniors Center and Recreation Department / Utilize City Streets for the
Silver Star Triathlon / May 10, 2009.
Approval to Downtown Oshkosh Business Improvement District / Utilize Market Street for the
Wednesday Farmer's Market / June 3, 2009 - October 14, 2009.
Approval to Residents of Minnesota Street for a Block Party / May 9, 2009.
Receipt of Claim filed with the City's Insurance Company / George Schneider damages to
property from police allegedly entering premises.
Resolution 09-98 Approve Accepting Drainage Easement at Southeast Corner of 9th Street
Road and Clairville Road, Town of Algoma/City Expansion Area (Plan
Commission Recommends Approval)
Resolution 09-99 Approve Partial Release of Utility Easement on Algoma Boulevard, South
of Stillman Drive (Plan Commission Recommends Approval)
Resolution 09-100 Approve Granting Privilege in Street to METCO Environmental Consulting
to Install Monitoring Wells within the Right-of-Way of East Murdock
Avenue Adjacent to 1800 Harrison Street (Plan Commission
Recommends Approval)
Resolution 09-101 Approve Setting Public Hearing Date to Vacate Portion of Nebraska Street
Right-of-Way at the Nebraska Street and West 5th Avenue Intersection
(Plan Commission Recommends approval)
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PROCEED/NGS OF THE COMMON COUNCIL - APRIL 14, 2009
Resolution 09-102 Approve Planned Development Amendment to Permit Wall Signs for a
Commercial Business in a Residential District at 310 West Irving Avenue
(Plan Commission Recommends Approval)
Resolution 09-103 Approve Amendment to Contract No. 06-07/ Sampling and Analysis of
Industrial Wastewater by Badger Laboratories and Engineering, Inc
Resolution 09-104 Award Bid for Public Works Contract No. 09-04 to Carl Bowers and Sons
Construction Company, Inc, for Various Concrete Paving and Utility
Projects-South Side Paving ($3,316,425.15)
Resolution 09-105 Award Bid for Public Works Contract No. 09-10 to B&P Mechanical, Inc,
for Heating and Ventilation Improvements at Wastewater Treatment Plant,
South Main and Broad Street Pumping Stations ($319,000.00)
Resolution 09-106 Award Bid for Three Tandem Axle Truck Chassis to Peterbilt of Wisconsin
and Three Right Hand Automated Side Loader Trucks to Stepp
Equipment for Sanitation Division ($633,576.00)
Resolution 09-107 Award Bid for Public Works Contract No. 09-06 to Fischer-Ulman
Construction for Concrete Sidewalk ($488,870.10)
Resolution 09-108 Waive Bids and Contract for Water Filtration Plant Computer Upgrades for
the Control and Monitoring Systems with Energenecs ($231,950.00)
Resolution 09-109 Waive Bids and Purchase Air Monitoring Systems / RAE Systems /
($44,877.00 - Paid by State's Regional Hazardous Materials Team Fund)
Resolution 09-110 Approve 2009 Program for Construction of New Sidewalk on North Main
Street and Fernau Avenue
Resolution 09-111 Approve Agreements / Wisconsin Department of Transportation for
Reconstruction of US Hwy 41:
A) 9t" Avenue ($110,600.00)
B) Oshkosh Avenue / Omro Road ($85,500.00)
Resolution 09-112 Approve Agreements with Wisconsin Department of Transportation for
Utility Relocations at Reconstruction of US Highway 41 (Wisconsin DOT
Reimbursement to City)
Resolution 09-113 Approval of Initial Resolution for Special Assessments / Sanitary Sewer
and Watermain / 20t" Avenue
Resolution 09-114 Approval of Initial Resolution for Special Assessments / Sanitary Sewer
and Watermain / 9th Avenue
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PROCEED/NGS OF THE COMMON COUNClL - APRIL 14, 2009
Resolution 09-115 Approval of Initial Resolution for Special Assessments / Paving, Sidewalk,
Driveway and Utilities / County Trunk Highway Y
Resolution 09-116 Approval of Initial Resolution for Special Assessments / Paving, Sidewalk,
Driveway and Utilities / Second Local Concrete Paving Program
Resolution 09-117 Rescind Personal Property Taxes for Monarch Management, LLC, D/B/A
Tailspin Tommy's Pizza and Moneyline Mortgage)
Resolution 09-118 Urge State and Federal Governments to Direct the Use of American
Recovery and Reinvestment Act Funds for the Benefit of Local Road
Improvement Projects
Resolution 09-119 Request State to Modify the Proposed Budget Bill in Regard to
Application of Prevailing Wage Rate to Local Projects
Resolution 09-120 Request the Governor and Legislature Provide Relief from Expenditure
Restraint for Local Governments
Resolution 09-121 Authorize Police Department Grant / Recovery Act: Edward Byrne
Memorial Justice Assistance Grant through U.S. Department of Justice
Resolution 09-122 Disallow Claim by Gene Langenecker (claimant alleges after broken water
main was repaired, ice accumulated in driveway resulting in damage to
vehicle)
Resolution 09-123 Disallow Claim by Eric Edgerly (damage to his vehicle from snow plow
allegedly hitting side mirror)
Resolution 09-124 Disallow Claim by Felix Arrington (claimant alleges ice/snow was never
removed from around mailbox resulting in vehicle sliding into mailbox)
Resolution 09-125 Disallow Claim by Scott Schuhart (Homestead Mutual Insurance for
property damage allegedly from a water and sewage backup)
Resolution 09-126 Disallow Claim by Mark Showers/Dempsey, Williamson, Kelly and Hertel
(alleged property damages as a result of flooding)
Resolution 09-127 Approval of Class "B" Fermented Malt Licenses, Special Class B License,
Agent Change for Combination "Class B" License and Operator's
Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 09-106;
09-119; 09-120 AND 09-125 (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger; Mayor Tower
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PROCEEDINGS OF THE COMMON COUNCIL - APR1L 14, 2009
Resolution 09-106 Award Bid for Three Tandem Axle Truck Chassis to Peterbilt of Wisconsin
and Three Right Hand Automated Side Loader Trucks to Stepp
Equipment for Sanitation Division ($633,576.00)
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (4) Bain, King, Tower, Mayor Tower;
Noes (2) Palmeri, Esslinger
Council Member Palmeri stated that he was not satisfied with ordering new trucks without trying
to retrofit the current fleet.
Resolution 09-119 Request State to Modify the Proposed Budget Bill in Regard to
Application of Prevailing Wage Rate to Local Projects
MOTION: ADOPT (Esslinger; second, Bain)
MOTION: LAYOVER UNTIL APRIL 28, 2009 (Palmeri; second, King)
CARRIED: Ayes (4) King, Palmeri, Tower, Mayor Tower;
Noes (2) Bain, Esslinger
Council Member Palmeri stated that he was concerned that both sides had not been heard. He
urged a representative to speak on the views of the Governor and educate citizens as to what
he was trying to accomplish. He stated that he would recommend someone from the
Winnebago Labor Council and/or Assembly Representative Gordon Hintz to speak to the
Council regarding the Governors' issues.
Council Member Esslinger stated that he would not support the layover because the issues had
been publicized for several days and no one had come to speak on it.
Resolution 09-120 Request the Governor and Legislature Provide Relief from Expenditure
Restraint for Local Governments
MOTION: ADOPT (Bain; second, Esslinger)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Mayor Tower stated that the City would urge the State Legislature to exempt expenditure
restraints.
Mr. Rohloff explained that the restraint could affect the ability to receive grants. He stated that
the amount could exceed the base budget, therefore if a grant would be allowed the City may
have to decline due to being over budget. He stated that this would allow for flexibility.
Resolution 09-125 Disallow Claim by Scott Schuhart (Homestead Mutual Insurance for
property damage allegedly from a water and sewage backup)
MOTION: ADOPT (Bain; second, Esslinger)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
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PROCEED/NGS OF THE COMMON COUNCIL - APR1L 14, 2009
Council Member Palmeri questioned why the insurance was not covering the cost when the
problem was due to blockage on the City's side.
Mr. Rohloff explained that due to the City being unaware of the problem they were not held
liable. He encouraged all residents to install a backflow preventerwhich would prevent sewage
from entering the basement.
ACT/ON TAKEN OIV ORD/NANCES AND RESOLUTIONS
Ordinance 09-128 Repeal and Recreate Ordinance Establishing the Energy and
Environment Advisory Board to Create Sustainability Advisory Board
(Energy and Environment Board Recommends Approval)
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Council Member Palmeri questioned why the City was not allowed to contact the EPA regarding
the superFund site.
Ron Hardy, 1437 North Main Street, explained that it was in the purchase agreement that the
City could not have contact. He stated that the EPA needed to initiate the contact to the
Environmental and Energy Board.
Council Member Palmeri questioned if this resolution would be cause for change regarding the
duties of the board.
Mr. Hardy stated that the majority of duties would remain the same. He explained that if
another site would be discovered it would then be in the realm for discussion.
Mr. Rohloff stated that had the Environmental and Energy Board been active at the time of the
agreement it would have been appropriate to be brought before the board for discussion.
Council Member Palmeri explained he would support the resolution because the members of
the board had wanted the change. He stated that the change would broaden the range of
issues. He stated that he thought that the current language was sufficient. He stated that by
broadening the focus would allow for social justice and economical well-being issues to be
brought before the board.
Ordinance 09-129 Approval of Loading Zone Changes on Kentucky Street and Parking
Regulations Changes on Kentucky Street, Meadow Street, Pearl Avenue
and 17th Avenue
MOTION: ADOPT (Bain; second, Esslinger)
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PROCEED/NGS OF THE COMMON COUNClL - APR/L 14, 2009
MOTION: DIVIDE RESOLUTION INTO PART A- APPROVAL OF LOADING ZONE
CHANGES ON KENTUCKY STREET AND PARKING REGULATIONS
CHANGES ON KENTUCKY STREET, PEARL AVENUE AND 17r"
AVENUE; AND, PART B- APPROVAL OF PARKING REGULATIONS
CHANGES ON MEADOW STREET (Bain; second, Mayor Tower)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
MOTION: ADOPT ORDINANCE 09-129A (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
MOTION: ADOPT ORDINANCE 09-129B (Bain; second, Esslinger)
MOTION: LAYOVER UNTIL APRIL 28, 2009 (Bain; second, Esslinger)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Ron Neustifter, 135 North Meadow Street, explained that he was against parking on Meadow
Street as it was not needed and not patrolled. He stated that neighbors had concerns regarding
the trash that would be left behind by students. He stated that the south end of Meadow Street
had wanted parking. He questioned the footage, where the cut off would be and if the resolution
would allow the cut off to be shorter than what was being recommended.
Mayor Tower stated that the Transportation Department would get information together regarding
the footage and let Mr. Neustifler know.
Deputy Mayor Bain stated that the resolution would allow for more parking and would increase
the 2-hour parking to be consistent with other streets in the neighborhood.
Mayor Tower stated that he would like specification prior to voting.
Deputy Mayor Bain questioned if house addresses could be used for the cut off and then
implement the footage at a later date.
Mr. Praska recommended Council to layover.
Ordinance 09-130 Repeal and Recreate Section 23-9 / Solid Waste Disposal - General
Requirements / Elimination of Requirements Related to Blue Bag
Recycling
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (5) Bain, King, Palmeri, Tower, Mayor Tower;
Noes (1) Esslinger
Council Member Palmeri questioned what the cost would be to the resident if their bin was
stolen.
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PROCEED/NGS OF THE COMMON COUNCIL - APR/L 14, 2009
Mr. Rohloff stated that issue had not been resolved as of yet. He stated that how to administer
information regarding educating the public would come before Council.
Council Member Palmeri questioned if there would be an instruction document.
Mr. Rohloff stated that it would be along those lines.
Council Member Palmeri questioned what would be done for those citizens that were
handicapped or elderly and would not be able to move the bins.
Mr. Patek stated that there would be a proposal with different procedures regarding those
issues brought before Council.
Council Member Tower requested a timeline of when everything would take place.
Mr. Rohloff explained that they could compile a timeline as they know the trucks would take five
months to order and he felt sometime in September.
Ordinance 09-131 Approve Zone Change from A-2 General Agriculture Extraterritorial Zoning
to C-1 Neighborhood Business Extraterritorial Zoning, Southeast Corner
of Clairville Road and 9th Street Road, Town of Algoma (Joint
Extraterritorial Zoning Committee Recommends Approval)
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Ordinance 09-132 Approve Food and Food Establishments / Repeal and Recreate Section
14-11 Permit Fees andSection 14-12 Late Fees
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 09-133 Amend the Building Code to Adopt Comm 60 for Erosion Control,
Sediment Control and Storm Water Management
` FIRST READING: LAID OVER UNDER THE RULES
Resolution 09-134 Authorize Application and Acceptance of COPS Hiring Recovery Program
(CHRP) Grant to Hire Two Police Officers
°MOTION: ADOPT ~(Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
Resolution 09-135 Resolution in Support of the Removal of Parking Meters from City Streets
and Municipal Parking Lots
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, King, Palmeri, Tower, Esslinger, Mayor Tower
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PROCEEDlNGS OF THE COMMON COUNCIL - APR~L 14, 2009
ClT/ZEN STATEMENTS
Lois Luebke, 619 Division Street, stated that it would be more democratic if there was more
viewing of the audience during Council Meetings.
Ron Neustifter, 135 North Meadow Street, stated that he was concerned for the safety of the
children at Roosevelt School due to individuals that park in the no parking zones. He stated
that he had called the Police Department on three different occasions and waited for an officer
and no one had shown up. He questioned why there was no parking there if no one was going
to enforce it.
Steve Barney, 1335 Summit Avenue, stated that he was relieved the referendum to build a
school on Ryf Road did not pass. He stated that it would have increased the greenhouse gas
issues. He suggested the City Attorney review the laws pertaining to greenhouse gas.
Todd Sohr, 530 Grand Street, stated that he was at the Environment and Energy Board
meeting when Attorney Lorenson stated that the City would not breach the contract with WPS.
He stated that the contract had been breached three different times. He passed out a packet
of information regarding the superfund site.
COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND D/SCUSS/ON
Deputy Mayor Bain announced that the notes from last "5t" Tuesday Forum" would be posted
on his site by the end of the week. He stated he had been honored and privileged to serve on
the Council. He stated his thanks to the citizens of Oshkosh, the City Department Heads, City
Staff and family and friends for all their support. He stated that he believed that City
Department Heads have the best intention for the City in mind with all decisions.
Mayor Tower expressed his gratitude for serving on the Council for the past two years. He
stated that he was thankful to the Council, City Staff and citizens.
C/TY MANAGER ANNOUNCEMENTS, STATEMENTS AND D/SCUSS/ON
Mr. Rohloff stated that the sewer clearwater infiltration - inflow reduction program would be
monitored by McMahon Engineers Architects as an on-going process. He explained that there
were relocations for utilities with the highway 41 construction. He stated that there had been no
additional problems found at the Grand Opera House. He explained that the City was working
with the State Historical Society regarding the construction and if the Historical Society would
require additional work there would be more cost. He stated that he would continue to keep the
Council informed.
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