HomeMy WebLinkAboutMinutes from 4/28/2009PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
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ON THE WATER
REGULAR MEETING held Tuesday, April 28, 2009, at 6:00 p.m. in the Council Chambers, City
Hall.
Mayor Esslinger presided.
PRESENT: Council Members Jessica King, Bob Poeschl, Dennis McHugh, Tony Palmeri,
Mayor Paul Esslinger
EXCUSED: Council Member Burk Tower
ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City
Attorney, and Dave Patek, Director of Public Works
Council Member King read the Invocation.
The Pledge of Allegiance was led by Sara Anderson and Cassidy Robl from Carl Traeger
Elementary School; and, Nicole Salchert and Cody Clark from Carl Traeger Middle School
students.
A proclamation was presented by Mayor Esslinger declaring May 7, 2009 as "National Day of
Prayer" in the City of Oshkosh.
Public Hearing
Resolution 09 -137 Approval of Final Resolution — Paving, Sidewalk, Driveway Approach,
Utilities / Local Concrete Paving Program
MOTION: ADOPT (Palmeri; second, Esslinger)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Shirley Puestohl, 827 West 11 Avenue, stated that she was opposed to the improvements.
She explained that in a three block area there were 81 homes and of those 49 signed a petition
that was opposed to the resolution. She stated that the 8% interest rate that the City was
charging was absurd. She stated that she would return the payment plan sheet without her
signature.
Robin Malchow, 926 West 11 th Avenue, stated that she was opposed to the resolution as there
was no problem with the street. She stated that she was on a fixed income and the 8% interest
rate was too much. She questioned why there was no meeting to discuss the matter with the
people that live on the street prior to the hearing. She explained that there were several other
streets in the community that needed improvements more than this street.
PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Betty Brooks, 1110 Knapp Street, questioned why the payment selection sheets needed to be
signed. She stated that by signing the sheet the property owner was agreeing to pay for the
work. She explained that she had previously put in a sidewalk and her sewer lateral came off
of Knapp Street and not off of 11 Avenue. She stated that she was told by the City Manager
that she would not need to pay for the sewer since she was connected to Knapp Street and not
11 Avenue. She stated that she would pay for the concrete, however the sidewalk and sewer
laterals she would not.
Tim Harry, 722 West 11 th Avenue, stated that he had concerns with the interest rate being 8 %.
He questioned where the residents were to park their vehicles during construction.
Mr. Patek stated that the City had no control regarding the scheduling for the utility companies.
He explained that the City had noticed the CIP program that was passed by Council and that
the utility companies try to work from that. He explained the interest rate used to be 10% and
was lowered to 8 %. He stated that the City was not trying to be the banker; however, the offer
was there for those interested. He stated that the signatures required were for the property
owner's choice on their payment plan. He stated that during construction parking would be
allowed on the street for those homeowners. He stated that during the most inconvenient time
period for parking would be during the concrete work.
Ms. Ubrig explained that the payment choice sheets were sent out now so that when the work
was certified she could balance. She stated that in order to be ready to put assessments on
tax bills the papers needed to be filed. She explained that property owners may change their
option at anytime prior to certification. She stated that by signing the sheet the payment choice
selection would be automatically added to the tax roll.
Deputy Mayor Palmeri questioned if there was an answer for the lady that was concerned with
paying for a lateral when she was already serviced from another street.
Mr. Patek stated that the City would investigate what lateral she was connected to and inform
the contractor there was no need for another service.
Mr. Rohloff explained that while investigating the sewer condition the staff had encountered
conditions that required the project to be moved forward.
Mr. Patek stated that the original pipe was installed in 1912 and the pipe was vitrified clay. He
stated that in the 70's or 80's the pipe required a liner as a measure to continue the function of
the storm sewer pipe. He stated that after time the plastic liner was not able to handle the
pressure from the original pipe collapsing.
Steve Gohde, Assistant Director of Public Works, stated that as the pipes progressed away
from Ohio Street they had collapsed and had spider web crackings.
Mr. Rohloff stated that the street itself was not in as much need as other streets in the City;
however, the situation under the street needed attention. He stated that the entire
infrastructure needed to be addressed.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Deputy Mayor Palmeri stated that 1/3 of payment was from the City and 1/3 from each side of
the street.
Mr. Patek stated that the assessment rate was calculated that way. He stated that a corner lot
may pay less depending upon the length of the street. He stated that when a property owner
paid less, the City would pay more.
Deputy Mayor Palmeri questioned if the cost would continue to rise if the project was on hold.
Mr. Patek stated that the price would increase with time.
Council Member McHugh questioned how often streets were paved in the City without absence
of a petition.
Mr. Patek stated that it was not unusual due to trying to tie construction of streets with the
improvement of utilities. He stated that the City tried to balance a petition with the needs of
repairs.
Council Member McHugh questioned what the City's rate was for borrowing money.
Mr. Rohloff stated that it was within a range of 3 to 4 %.
Council Member McHugh questioned the 8% the City charged.
Mr. Rohloff explained that the City was not in the banking business and it was at a higher rate
to discourage the use of the City as a payment plan. He stated that Appleton charged 9 %. He
stated that it was not unusual for Cities to charge a higher rate.
Council Member McHugh questioned if the work could be completed piece by piece, rather
than the entire project at one time.
Mr. Patek explained that the cost effective way was to pave the street by length rather than a
piece here and a piece there.
Council Member King questioned what the consequence would be if the work were completed
in sections.
Mr. Patek explained that the City had no way to determine what section would fail before
another section.
Council Member King questioned what the consequence was if the system failed.
Mr. Patek stated that flooding would be a consequence.
Consent Agenda
Approval of April 14, 2009 Council Minutes.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Approval of Bills Presented by the Finance Director.
Receipt and Filing of Museum Board Minutes from March 5, 2009.
Petition Received for Opposition to Street Repairs on West 11 Avenue from Ohio Street to
Knapp, Rugby and Georgia Street.
Grant a Noise Variance to the Wisconsin Department of Transportation / Upcoming Work on
U.S. Highway 41 / July 2009 — October 2010.
Approval to Irish Fest / Utilize City Streets and Riverside Park for the Irish Fest 5k Charity
Run/Walk / May 30, 2009
Approval to WISPIRG / Utilize Opera House Square and Facilities for a Press Conference /
May 25, 2009.
Approval to Walleyes for Tomorrow / Utilize the Menominee Park Boat Docks / May 23, 2009.
Approval to ThedaCare / Utilize City Streets for Bike and Skating Safety Clinic / May 9, 2009.
Approval to Otter Street Fishing Club / Utilize Menominee Park, Utilities and Boat Docks for
Walleye Fest / June 19 — June 21, 2009.
Approval to Otter Street Fishing Club / Utilize Menominee Park, Miller's Bay and Utilities for
Children's Fisheree / August 8, 2009.
Approval to Oshkosh Senior Softball League to Change Dates of their Softball Tournament !
from August 27 — August 30, 2009 to August 13 — August 16, 2009.
Approval to Aurora Health Foundation / Utilize City Streets for their 1 St Annual Aurora 5k
Walk/Run for Cancer / June 13, 2009.
Approval to Residents of Nebraska Street for a Block Party ! June 6, 2009.
Receipt of Claim filed with the City's Insurance Company / Mary Kay Rathe injuries due to
allegedly failing at the Senior Center during a soup luncheon.
Resolution 09 -138 Approve Creating Complete Count Committee to Assist with 2010Census
Resolution 09 -139 Grant Easement to Kentucky Data Link, South of Marine Drive, West of
Algoma Boulevard, Town of Oshkosh, to Relocate Existing
Communication System as part of the USH 41 Expansion Project (Plan
Commission Recommends Approval)
Resolution 09 -140 Approve Granting Privilege in Street to KEE Architecture and UW-
Oshkosh to Install Geothermal Lines under West Lincoln Avenue near
McKinley Street (Plan Commission Recommends Approval)
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Resolution 09 -141 Approval to Execute Relocation Order; Acquire and Accept Easements /
USH 45 (North Main Street) Reconstruction Project, Fox River to Irving
Avenue (Plan Commission Recommends Approval)
Resolution 09 -142 Approve Amendment to Approved Planned Development at 1530 -1540
South Koeller Street to Reduce the amount of Retail Space and Allow a
Stand Alone Building (Plan Commission Recommends Approval)
Resolution 09 -143 Approve Amendment to Planned Development to Expand UW- Oshkosh
Elmwood Center Office Building at 759 Elmwood Avenue (Plan
Commission Recommends Approval)
Resolution 09 -144 Approve Amendments to Agreements with Wisconsin Department of
Transportation for Reconstruction of US Highway 41:
A) Witzel Avenue / Washburn Street / Koeller Street / Rath Lane
(- $245,200)
B) Snell Road (- $60,000)
C) Algoma Boulevard/ USH 45 (- $40,000)
D) Lake Butte des Morts Drive (- $16,000)
Resolution 09 -145 Approve Amendment No. 5 / CH2M HILL/ Engineering Services for Water
Filtration Plant ($387,767)
Resolution 09 -146 Acceptance of the Revised Oshkosh Transit System Fare
Structure
Resolution 09 -147 Approve Appointments
Resolution 09 -148 Approve Appointment — East Central Wisconsin Regional Planning
Commission
Resolution 09 -149 Dissolve Tax Incremental District No.4
Resolution 09 -150 Authorize $16,740,000 General Obligation Corporate Purpose Bonds,
Series 2009 -A
Resolution 09 -151 Authorize $2,945,000 General Obligation Promissory Notes, Series 2009 -
B
Resolution 09 -152 Disallow Claim by George Schneider (damages to property from police
allegedly entering premises)
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Resolution 09 -153 Approval of Special Class B Licenses, Agent Changes for Class "A"
Fermented Malt License and Combination "Class A" License, Combination
"Class B" Licenses, and Operator's Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING THE PETITION RECEIVED
FOR OPPOSITION TO STREET REPAIRS ON WEST 11 AVENUE
FROM OHIO STREET TO KNAPP, RUGBY AND GEORGIA STREET;
AND, RESOLUTION 09 -149 (Palmeri; second, McHugh)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Petition Received for Opposition to Street Repairs on West 11 Avenue from Ohio Street to
Knapp, Rugby and Georgia Street.
MOTION: RECEIVED & FILED (King; second, McHugh)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Council Member King stated that it was necessary to take action when there was a known
problem with the sewer collapsing.
Mr. Rohloff stated that the action was to receive and file the petition for future challenges.
Resolution 09 -149 Dissolve Tax Incremental District No. 4
MOTION: ADOPT (Poeschl; second, Palmeri)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Deputy Mayor Palmeri questioned what a failed TIF district would look like.
Mr. Rohloff explained that if the TIF financially performed as intended using the guidelines it
succeeded. He stated that that Convention Center was successful for a period of time. He
stated that the intent was to fund improvements at the Convention Center and it had. He
explained that lessons had been learned regarding understandings of responsibilities.
Council Member King questioned if there was an analysis regarding the audit and if it was
closed out on a positive note.
Mr. Rohloff explained that the TIF can only last 27 years by law, therefore an audit needed to
be completed. He stated that the audit confirmed that tax dollars had been used in accordance
with Statutes.
Council Member King stated that the remaining finance sources would come from other
sources such as room revenue taxes.
Council Member McHugh stated that there had been a beautiful piece of land the complex was
on that was forfeited. He stated that there was no annual stipend received from the hotel any
longer.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 09 -154 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)
MOTION: ADOPT (Palmeri; second, McHugh)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Ordinance 09 -155 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)
MOTION: ADOPT (Palmeri; second, Poeschl)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Ordinance 09 -156 Approval of Parking Regulations Changes on Meadow Street
MOTION: ADOPT (Palmeri; second, Poeschl)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Ron Neustifter, 135 North Meadow Street, urged the Council to approve the changes. He stated
that he was thankful to Chris Strong, Director of Transportation for his and his staff's work
regarding collecting information and relaying the message.
Ordinance 09 -157 Approve Food and Food Establishments / Repeal and Recreate Section
14 -11 Permit Fees and Section 14 -12 Late Fees
MOTION: ADOPT (Palmeri; second, McHugh)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Ordinance 09 -158 Amend the Building Code to Adopt Comm 60 for Erosion Control,
Sediment Control and Storm Water Management
MOTION: ADOPT (McHugh; second, Palmeri)
CARRIED: Ayes (5) King, Poeschl, McHugh, Palmeri, Mayor Esslinger
Ordinance 09 -159 Approval of Loading Zone Change on Algoma Boulevard and Parking
Regulation Changes on Cherry & Wisconsin Street
FIRST READING: LAID OVER UNDER THE RULES
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Resolution 09 -160 Refund of Property Taxes — Excessive Assessment / Inland Southeast
Oshkosh Koeller Street LLC (Walgreens)
MOTION: ADOPT (Palmeri; second, King)
CARRIED: Ayes (4) King, McHugh, Palmeri, Mayor Esslinger;
Present (1) Poeschl
Council Member McHugh questioned if this was the same issue as last year or if this was a
new round for relief of taxes.
Ms. Lorenson stated that due to litigation and the change in the law, the assessment was
adjusted.
Council Member Poeschl stated that he voted present because he did not have the information
prior to the meeting.
CITIZEN STATEMENTS
Lois Luebke, Harrison Street, stated that she was concerned with the landscape surrounding
Menominee Park. She urged the Parks to plant perennials. She questioned what John
Fitzpatrick and John Urben's titles were.
Kathy Sawall, 1565 Clairville Road, presented a summary of the arterial highway project. She
stated that the town was not aware of the changes that had been made. She questioned the
authority the City had over the project. She stated that there were 145 families that disagreed
with the project.
Lisa Smith, 4278 County Road N, stated that she was opposed to the highway project. She
stated that the project would have effects on the Green Meadow School. She presented some
history regarding Oshkosh's expansion plan for roads. She showed pictures of homes that
were affected by the highway project.
Kevin Messerschmidt, 1560 Clairville Road, stated that he opposed the project. He stated that
the issues that started the project were no longer an active issue. He stated that the new
Highway 41 and Highway 26 would handle all traffic. He stated that he was concerned with the
financial cost with the shape the economy was in. He questioned why the town had no input
regarding the project.
Kevin Radloff, 2162 James Road, stated that he was opposed to the project. He stated that
the project would affect the financial stability of the farms in that area. He explained that
agriculture was the largest revenue producer in the state and that it brought money back to the
shores. He stated that it would have a great loss of farm land. He urged the Council to use
wisdom and transparency when dealing with the decision of the highway project.
Mr. Rohloff stated that official mapping required a public hearing. He stated that although the
questions and statements were appropriate there would be no response provided by staff. He
stated that the comments were valid and worthy of discussion due to misinformation regarding
mapping; however, that would take place at a public hearing.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Mayor Esslinger stated that Council's hands were tied as far as discussing any concerns that
were brought forth.
Ms. Lorenson stated that there would be no engagement in conversation regarding the citizens'
statements.
Ron Neustifter, 135 North Meadow Street, urged the Oshkosh Police Department to hire more
Community Service Officers to control the parking issues at the schools. He stated that those
tickets could cover the wages of the employee. He stated that there was a wall on Sawyer
Creek that was caving in for the past three years, located on Witzel Avenue, east of Lourdes.
He suggested digging the pond at South Park deeper to help control flooding.
George Mathwig, 1786 Buerhing Road, showed a map of the house and the mound location.
He stated that he was concerned with flooding. He showed photos of flooding that occurred
from the June 2008 storms from the top of the hill. He stated that the flood was not from
development as there were four homes located on 160 acres of land. He stated that the
township was against the project and questioned if the City was violating an agreement.
Doug Schoenfeldt, 4667 State Road 44, stated that he was opposed to the project. He stated
that there were roads in desperate need of repair that should be repaired. He stated that there
should be a County wide referendum so the people could vote.
Dave Smith, 1860 Clairville Road, stated that Council was elected by the people, therefore,
they should listen to the people and do the right thing.
Mike Weickert, 698 Clay Road, stated that he was opposed to the project. He stated that
property values would decrease. He questioned why there needed to be another highway so
close to two other highways. He questioned if there was a survey completed to determine what
trucking services would be used. He questioned the process for a public hearing.
Mr. Rohloff stated that the meeting was becoming dangerously close to a public hearing that
was not noticed.
Leroy Rank, 928 Clay Road, stated that to notice the public hearing in the newspaper did not
serve everyone. He urged that there be a mail drop to residents.
Steve Barney, 1335 Summit Avenue, stated that the comprehensive plan was to follow the
smart growth principals put forth by the EPA. He reviewed what the principals were. He stated
that urban sprawl was the opposite of smart growth.
Kirt Plechaty, 653 South Clay Road, questioned if there had been a feasibility study completed.
He stated that the Council had a responsibility to the greater public. He stated that the road
would destroy the lives of the residents and the development currently there.
Jim Mathews, 1745 Buerhing Road, stated that he was concerned with the wetland and water
table. He stated that he was concerned with the water flow from the highway running off and
causing problems with the sewer.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Bill Christianson, 1231 Jackson Street, stated that there were two suggestions to fill the vacant
seat. He stated that the first suggestion and most logical was to appoint the 4 th place finisher,
which was Steve Cummings; the other suggestion was to conduct a screening process. He
stated that the most expeditious, least costly and most transparent way would be to appoint
Steve Cummings. He explained that Mr. Cummings had gone through the process of receiving
300 signatures for nomination papers, succeeded through the primary and received 4,000 plus
votes in the election.
Steve Landolt, 1513 Clairville Road, urged the City and the Town to have a discussion
regarding the highway project.
COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION
Deputy Mayor Palmeri suggested the process for going forward for establishing city -wide goals
for the City Manager was to use the draft that had been completed by the City Manager as a
starting point. He stated that Council Members would submit their goals to a department at City
Hall to have the goals added to the agenda for public comment and Council approval. He
requested an update from the City Manager on the goals that he had presented.
Mayor Esslinger questioned when goals would be interjected by Council.
Mr. Rohloff stated that all items for the agenda needed to be in by 2 pm the Thursday prior to
Council. He stated that all goals would be presented to Jackie, the City Manager's secretary.
Deputy Mayor Palmeri stated that the goals submitted would be included in Council's packet
and would be on the agenda for the first meeting in May.
Mr. Rohloff stated that he would continue to update Council on the progress of the goals.
Council Member King questioned if the goal expectations were to be short-term or long -term.
Deputy Mayor Palmeri stated that it would be the same format as what was provided by the
City Manager and then goals would be prioritized in open session.
Mayor Esslinger requested the goals that were presented by the City Manager be revised and
e- mailed to Council
CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION
Mr. Rohloff explained that the State Historical Society was coming to investigate the cherubs
that had been painted and were on the ceiling of the Grand Opera House. He stated that they
wanted to see if they could be salvaged. He stated that there was a stimulus program for
restoring America's treasures and would be a possible funding source for renovation cost. He
stated that there would be an impact on the Grand Opera Houses programs for the 2009 -2010
year. He stated that they were in the process of seeking out alternative sites. He stated that
there would be a request to Council to allow an open window of 60 to 90 days for bids rather
than the usual 30 day.
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PROCEEDINGS OF THE COMMON COUNCIL - APRIL 28, 2009
Council Member McHugh questioned the authority the State Historical Society had over the
City of Oshkosh operations.
Ms. Lorenson explained that the State Historical Society was notified for all renovations to
discuss issues. She stated that they cannot dictate how the problem was resolved.
Mr. Rohloff stated that the 1 St quarter financial overview was completed. He stated that the
budget was on target thus far. He explained that there would be an intern through fall at no
cost to the City to work on city wide sustainability. He suggested a Strategic Plan workshop be
held on May 12 or the 26 He thanked all who attended the Community Vision program. He
stated that the survey was available on the city's website and the City was open to suggestions.
He stated that there would be one more session at a later date.
MOTION: ADJOURN (Palmeri; second, McHugh)
CARRIED: VOICE VOTE
The meeting adjourned at 8:25 p.m.
PAMELA R. UBRIG
CITY CLERK
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