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HomeMy WebLinkAboutMinutes from 6/9/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN O.IHKOIH ON THE WATER REGULAR MEETING held Tuesday, June 9, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Dennis McHugh, Tony Palmeri, Jessica King, Bob Poeschl, Burk Tower, Harold Buchholz and Mayor Esslinger ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and Dave Patek, Director of Public Works Council Member McHugh read the Invocation and led the Pledge of Allegiance. COMMITTEE ON AGING AWARDS Corky Abraham, Chairman of Committee on Aging, presented three awards from the Committee on Aging. He presented the Oranda Bangsberg Award to Mary Schilcher; the Life Service Award to Arline Sitter and the Verl Franz Distinguished Leadership Award to Steve Sagmeister. A proclamation was presented by Mayor Esslinger declaring June 14, 2009 as "Race Unity Day" in the City of Oshkosh. PUBLIC HEARINGS Resolution 09 -205 Approve Annual City License / Granary Restaurant MOTION: ADOPT (Poeschl; second, Palmeri) LOST: Noes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Angela Joeckel, Deputy City Clerk, stated that the Granary Restaurant had closed in 2004; in April 2005 their license was approved; in February of 2006 a request was sent to the license holder to come before the Council; April 2006 renewal papers were filed; on May 26 Council laid over the renewal request until June 13, 2006 when the license was approved; in March 2007 the license was transferred to Club Element; in early 2008 the Club was closed and the license was transferred back to the Granary in April 2008; in May 2008 renewal for the license; was granted and in April 2009 renewal papers had been filed. She stated that registered letters had been mail on May 29, 2009 explaining that the approval for renewal would go before; Council and the license holder could speak on their behalf. Steve Amato, 4620 Stonewood Drive, stated that he was actively trying to sell or lease the property. He stated that the license was a vital part of the property. PROCEEDINGS OF THE COMMON COUNCIL - .JUNE 9, 2009 Council Member Tower questioned the seating capacity. He urged Mr. Amato to try to accommodate seating for 300. Mr. Amato stated that currently the restaurant would seat 280. He stated that he would try to accommodate 300 with the approval of the Fire Department. Ms. Lorenson explained that restaurants that had a seating capacity of 300 or more were not subject to the quota. Council Member Buchholz questioned the amount of showings held. He questioned what the possibility would be of renting it out if an extension was granted. Mr. Amato stated that Bomier Properties had shown the property three times within the last six months. He stated that he had shown the property once and Adashun Jones had shown the property seven or eight times within the last year. He stated that Schwab had shown the property three or four times previously and they had brought Club Element to the leasing option. Council Member Buchholz questioned the length of the current contract. Mr. Amato stated that the contract ended in October 2009. He urged Council to grant an extension for a short time. Ms. Lorenson explained that if approved it would be for the entire year. Deputy Mayor Palmeri questioned the length of the waiting list for a combination "class B" license. Ms. Ubrig stated that there were 27 applicants on the list. Deputy Mayor Palmeri stated that he would not support the resolution as there were many businesses that were waiting for a license and since 2004 there was one year of activity. He urged Mr. Amato to accommodate for 300 seating capacity. Council Member Poeschl questioned if approved and seating capacity went to 300 could the license be surrendered to the City. Ms. Lorenson explained that there would be no grounds to revoke the license. Council Member Buchholz questioned if the renewal time allowed was a State Statute. Ms. Lorenson stated that it was a state law. Mayor Esslinger explained that he was on the list of applicants for a license; however, he would not be requesting one for this year. PROCEEDINGS OF THE COMMON COUNCIL — JUNE 9, 2009 Resolution 09 -206 Approve Annual City License / Howard Johnsons MOTION: ADOPT (Palmeri; second, McHugh) LOST: Ayes (3) McHugh, King, Poeschl; Noes (4) Buchholz, Palmeri, Tower, Mayor Esslinger Angela Joeckel, Deputy City Clerk, explained that in February of 2008 the business had closed; in April 2008 renewal papers were filed and the license was transferred from one location to another. She stated that it had gone to Council on May 2008 and laid over until June 2008; in June the license was approved; and in April of 2009 renewal papers were filed. She stated that there was a letter mailed explaining that it was going before Council and they were requested to attend. Johnny Diggs, Governmental Affairs Director for Grafin Inc., and agent for GKG Investments Inc. explained that they were in the process of constructing a hotel site with Wyndham Hotels. He stated that the site had been approved by Wyndham and that GKG Investments' hands were tied as they could develop only as the DOT proceeded with the construction of the highway. He urged the Council to approve utilization of the license as they were prepared to develop the site and create a tax base for the City of Oshkosh. Council Member Buchholz questioned what would be accomplished from July 1 to June 30, 2010. Mr. Diggs stated that they had worked diligently. He stated that a direct timeline would not be determined as they needed to wait for the interchange development project. Council Member Tower questioned if the project would be complete prior to 2012 or 2013. Mr. Diggs stated that they would work in conjunction with the interchange project. He stated that the plan was to hold a grand opening for the hotel as the construction of the highway was completed. Council Member Tower questioned if they had contact with the City regarding construction of the hotel. Mr. Diggs stated that there had been no direct conversations with the City. Council Member Tower questioned if there had been any delinquent tax issues with the property. Ms. Lorenson stated that she was unsure. Mr. Diggs stated that he was not at liberty discuss any past or previous legal activity regarding Howard Johnsons. PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Resolution 09 -207 Approval of Final Resolution for Special Assessments / Concrete Paving, Asphalt Paving, Concrete Curb and Gutter, Sanitary Sewer Laterals (New and Relay), Sanitary Sewer Main, Water Laterals (New), Storm Sewer Laterals, Sidewalk Repair, New Sidewalk and Concrete Driveway Approach (E. Parkway Avenue, Evans Street, Grove Street, Oak Street, Hazel Street, Bowen Street, Grand Street, Tennessee Avenue, E. Custer Avenue, E. Nevada Avenue, Mount Vernon Street, Gehres Court, Broad Street, Lane Street, Rahr Avenue, Babbitz Avenue, Sweet Street, Shorelane Street) MOTION: ADOPT (Buchholz; second, Palmeri) MOTION: DIVIDE INTO 2 PARTS: PART "A" BEING EVERYTHING EXCEPT LANE STREET AND RAHR AVENUE; AND, PART "B" BEING LANE STREET AND RAHR AVENUE (Tower; second, King) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -207A Approval of Final Resolution for Special Assessments / Concrete Paving, Asphalt Paving, Concrete Curb and Gutter, Sanitary Sewer Laterals (New and Relay), Sanitary Sewer Main, Water Laterals (New), Storm Sewer Laterals, Sidewalk Repair, New Sidewalk and Concrete Driveway Approach (E. Parkway Avenue, Evans Street, Grove Street, Oak Street, Hazel Street, Bowen Street, Grand Street, Tennessee Avenue, E. Custer Avenue, E. Nevada Avenue, Mount Vernon Street, Gehres Court, Broad Street, Babbitz Avenue, Sweet Street, Shorelane Street) MOTION: ADOPT (Tower; second, King) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -207B Approval of Final Resolution for Special Assessments / Concrete Paving, Asphalt Paving, Concrete Curb and Gutter, Concrete Driveway Approach (Lane Street and Rahr Avenue) MOTION: LAYOVER UNTIL JUNE 23, 2009 (Palmeri; second, McHugh) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Charles Burns, 2757 Clover Street, stated that he was representing Amber Michel who resides at 1319 Rahr Avenue and that her home borders Rahr Avenue and Lane Street. He presented photos to Council Members to show the limited amount of room from the street to the homes. He explained that the area of land was not wide enough for a City street. He stated that he had concerns regarding snow removal and that there would be no place to shovel the snow from the sidewalks and snow from the roads would be pushed up to the houses. He stated that if there was a large amount of snow in the winter the street would become smaller. He stated that a home owner on Lane Street proposed an idea of splitting Lane Street down the center 4 PROCEEDINGS OF THE COMMON COUNCIL - JuNE 9, 2009 and would turn it over to the property owners to use as a driveway. He stated that the City would no longer need to maintain the road. He stated that at the end of Babbitz Avenue there would be a turn - around. He explained that Babbitz Avenue would remain 18 feet, which was safer for emergency vehicles. He stated that this proposal would be at no cost to City or taxpayers. Sherryl Collins, 1315 Rahr Avenue, stated that Lane Street had been an alley as it was not wide enough to be a street. She explained that there were no utilities under the street. She stated that the neighborhood agreed that it would be dangerous to change to street. Mark Gajewski, 1306 Babbitz Avenue, stated that his property was on the corner of Lane Street and Babbitz Avenue and supported the project of paving and curb. He suggested to have a smaller sidewalk and continue with no parking on the street. Mayor Esslinger questioned where the driveway to Mr. Gajewski's home was. Mr. Gajewski stated that access to his driveway was from Lane Street. Mayor Esslinger questioned the effect the project would have on his access. Mr. Gajewski stated that he was not sure how he would access his garage. He explained that he had spoken with Ms. Michel and she was content with the project as long as Lane Street remained one way. Council Member Tower questioned the positives and negatives to asphalt over the road and repair in condition without adding sidewalk. Mr. Gajewski explained that the road surface needed repair work and change due to problems with runoff. He explained that the road was higher towards Rahr Avenue and low towards Babbitz Avenue and that Babbitz Avenue had problems with runoff from Lane Street. Mr. Rohloff stated that Lane Street was technically a street, it appeared as an alley. He stated that it would be appropriate to layover the resolution to investigate alternate suggestions as to how to proceed forward with the project. He explained that as an alley it would continue with special assessments, however, would not require a sidewalk to be installed. Mr. Gajewski questioned if there would be curb and gutter and how the water problem would be addressed. Mr. Patek stated that he recommended adding curb and gutter with no sidewalk. Carolyn Demler, 1346 Babbitz Avenue, stated that she had been a resident for 33 years and their water was tapped into their neighbors that resided on Rahr Avenue. She stated that she understood the reasoning for the work to be completed but not at the property owner's expense. She stated that the problem should have been taken care of when the water main was installed. �i PROCEEDINGS OF THE COMMON COUNCIL - .JUNE 9, 2009 Mr. Patek stated that he could not speak for the previous Public Works Director regarding reasons why projects had been or not been completed. He stated that there were three properties connected to one lateral and currently that was not allowed. He stated that each property owner would have their own lateral and when they chose to connect would be decided by the home owner. He explained that the City was responsible for water service from the shut off point and the home owner was responsible for the service of water from the shut off to the home which was hundreds of feet. He stated that service would not be turned on if there was a problem until the three home owners decided who was responsible. Mayor Esslinger questioned if it was standard for each property to be connected to their own lateral. Mr. Patek explained that it had been common in older neighborhoods to have several connections to one lateral. He stated that currently each property received a lateral. He stated that it prevented conflict among neighbors as to who pays for what when problems arise. Mr. Rohloff encouraged the homeowner to consider connection as it would be costly to do at a later time. He stated that connection would help for resale value of the property. Mr. Patek stated that this was the cheapest solution for the future. Council Member Buchholz stated that this was an opportunity to show the community that Council was willing to work together with them with the possibility regarding alternative solutions. CONSENT AGENDA Approval of Minutes from May 12, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Approval to Water City Church / Utilize Opera House Square and facilities for their Movies in the Park event / June 19 July 17 August 21 Approval to the Outlet Shoppes at Oshkosh / Close Universal Drive for their Family Movie Night / July 9, 2009. Approval to Labor of Love Pregnancy Resource Center/ Utilize City Streets for their 6 th Annual Walk of Life. Approval to the Oshkosh Area Humane Society / Utilize Menominee Park and facilities for their Annual Shelter Trek / September 12, 2009. Approval to Community for Hope / Utilize Opera House Square and facilities to commemorate Suicide Prevention Week / September 10, 2009. Receipt of Claim filed with the City's Insurance Company / Sentry Insurance (policy holder -- Dean Brawn) for property damages alleged from City cleaning lines. 6 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Receipt of Claim filed with the City's Insurance Company/ Lang Oil, Inc., for property damages alleged from Ohio Street reconstruction. Receipt of Claim filed with the City's Insurance Company / State Farm Insurance (policy holder — Mark Hoegh) for property damages alleged from City thawing water line. Receipt of Claim filed with the City's Insurance Company / Patricia Diener, for injuries alleged by an incident with Police Department. Receipt of Claim filed with the City's Insurance Company / Dorothy Durrant, for properly damages alleged from sewage forced out of drain in basement. Receipt of Claim filed with the City's Insurance Company Joe Honsa, for vehicle damage from alleged city crew doing concrete work in area. Resolution 09 -208 Approve Planned Development for UW- Oshkosh to Construct a New Academic Building at 845 High Avenue (Plan Commission Recommends Approval) John Koker, Dean of College of Letters and Science, 800 Algoma Boulevard, explained that if approved this was the first academic building built since 1971. He stated that the University was the third largest in the state serving 12,000 students. He explained that the building would be the largest academic building on campus, the main focal entry point for the University and the new building would reduce energy consumption more than 50% of their current buildings. He stated that ground breaking was scheduled for September 15, 2009. Resolution 09 -209 Approve Amendment to 2008 CDBG Action Plan to Apply for 2008 CDBG- R American Recovery and Reinvestment Act Funds (Stimulus Funds) to be used for Housing Rehabilitation and to off -set Cost of Public Parking Lot Reconstruction in Central City Steve Barney, 1335 Summit Avenue, urged the City to pay attention to reduction of green house gas emissions and urged the City to use green accounting procedures in addition to cost benefit analysis. He urged the City to download software on ICLEI website. He stated that he was discouraged that there were no funds for bicycle projects. Council Member McHugh stated that the City had applied and received information regarding stimulus package that had included the parking lot. Mr. Rohloff explained that at a prior meeting it had been discussed that stimulus funds from this program were possible. Council Member McHugh questioned the intended amount. Mr. Rohloff stated that the City was allocated $223,000; $89,000 for public parking lot reconstruction and the balance for housing rehabilitation for owner occupied housing. N PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Council Member King stated that the housing rehabilitation program was used to make 0% interest deferred payment loans to six existing low to moderate home owners. She questioned how the six home owners were chosen and if there were opportunities as other needs or projects arose for other residents. Mr. Kinney, Director of Community Development, explained that there was.an annual request for applications from citizens to submit their requests for the program. He stated that there were more applicants than available funds. Council Member King questioned if the six families were the qualifiers based on the applications. Mr. Kinney stated that they were not from the applications. He explained that Community Development funded projects through Block Grant money and the stimulus package of $134,000 added an additional six projects. Council Member King questioned if the six had been chosen Mr. Kinney stated that they had the six home owners. Council Member King questioned if there would be additional opportunities within the next year. Mr. Kinney stated that all funding had been exhausted until the next funding program started. Council Member Poeschl requested an overview of the housing rehabilitation program. Mr. Kinney explained that the City had been involved with the program since 1976 when it was established. He stated it was intended for low and moderate income families. Council Member Poeschl questioned the number of homes that had benefited from the program. Mr. Kinney stated that there was a significant amount of funds from the program that had gone to the community for rehabilitation. Resolution 09 -210 Approve Tax Increment District No. 23 Project Plan; Designate Tax Increment District No. 23 Boundaries; Create Tax Increment District No. 23 Southwest Industrial Park Expansion (Plan Commission Recommends Approval) Resolution 09 -211 Approve and Submit Wisconsin Department of Natural Resources 2008 Compliance Maintenance Annual Report / Wastewater Treatment Plant Resolution 09 -212 Declare End to Emergency for Waste Water Treatment Plant Repairs PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Resolution 09 -213 Approve Change Order No. 3 for Public Works Contract No. 08 -05 for Miron Construction Co. Inc. for the Water Filtration Plant Modifications and Demolition Project ( +$161,283.00) Resolution 09 -214 Approval of Initial Resolution for Special Assessments / Sanitary Sewer and Water Main / Highway 41 Area Utility Relocations Resolution 09 -215 Approval of Initial Resolution for Special Assessments Concrete Driveways / Fernau Court Resolution 09 -216 Award Bid to Fluor Brothers Construction Co., for Leach Amphitheater Storage Facility ($84,780.00) Resolution 09 -217 Disallow Claim by State Farm Insurance (for property damages alleged from City thawing water line) Resolution 09 -218 Disallow Claim by John Bangs (alleges rough road on Poberezny Road damaged vehicle tire) Resolution 09 -219 Approve Appointments to the Following Boards and Commissions: Landmarks Commission, Parking Utility Commission, Board of Health and Committee on Aging Resolution 09 -220 Approval of Annual City Licenses (see addendum) Resolution 09 -221 Approval of Special Class "B" Licenses, Combination "Class B" License and Operator's Licenses MOTION: ADOPT CONSENT EXCLUDING RESOLUTIONS 09-208,09-209, 09 -211, 09 -213, 09 -216 AND 09 -220 (Palmeri; second, McHugh) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -208 Approve Planned Development for UW- Oshkosh to Construct a New Academic Building at 845 High Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (King; second, Buchholz) CARRIED: Ayes (6) McHugh, Buchholz, Palmeri, King, Poeschl, Mayor Esslinger; Present (1) Tower Council Member Tower stated that he would vote present due to his employment with UWO. Council Member Buchholz questioned if there would be hiring of additional professors and if there would be an increase in students. Dean Koker explained that there were 250 current employees and their goal was to increase the student enrollment over the next few years. 9 t PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Resolution 09 -209 Approve Amendment to 2008 CDBG Action Plan to Apply for 2008 CDBG- R American Recovery and Reinvestment Act Funds (Stimulus Funds) to be used for Housing Rehabilitation and to off -set Cost of Public Parking Lot Reconstruction in Central City MOTION: ADOPT (Buchholz; second, McHugh) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl; Tower, Mayor Esslinger Council Member Poeschl stated that he would support the resolution as it was a good way to offset the cost. Mayor Esslinger stated that he would support the resolution due to federal tax dollars would reverse the burden of local taxpayers. Resolution 09 -211 Approve and Submit Wisconsin Department of Natural Resources 2008 Compliance Maintenance Annual Report / Wastewater Treatment Plant MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Council Member Buchholz questioned if the assessment was a self- assessment. Steve Brand, Superintendent of Utilities, stated that the packet was put together by the Department of Natural Resources. Council Member Buchholz questioned if the elements for approval were in the report. Mr. Brand stated that the assessment was subjective and the collection section was on page; 23. Council Member Buchholz questioned page 22 regarding the proposed additional irrigation basin and two final clarifiers. Mr. Brand explained that it was for anticipated future projects. He stated that all collection items were not listed. He stated that this assessment was meant for the treatment facilities. He stated that they were in the process with McMahon and Associates to produce a number of projects that would be included based on information collected. Council Member Buchholz questioned why the public information education program had not. been checked. Mr. Brand stated that they did not have formal education programs. Council Member Buchholz questioned if they planned on creating educational programs. 10 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Mr. Brand stated that they planned to have educational topics on the City's website. Council Member Buchholz questioned why the annual self- auditing box was not checked on page 24. Mr. Brand explained that they do not do a formal self - audit. He stated that documentation regarding programs was listed in the monthly reports. Council Member Buchholz questioned if the number was accurate for question five on page 25. He stated that he was surprised by the low number. Mr. Brand explained that the Public Works Department compiled calls related to that topic from all departments and the majority of calls were from the June 8 th and 11 floods. Resolution 09 -213 Approve Change Order No. 3 for Public Works Contract No. 08 -05 for Miron Construction Co. Inc. for the Water Filtration Plant Modifications and Demolition Project ( +$161,283.00) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Council Member Buchholz questioned what was meant by the statement that the project was completed by 71 %. Mr. Brand explained that all major components were completed and the City had paid the contractor for the work. Council Member Buchholz questioned if there was anticipation for future change orders. Mr. Brand stated that there was the possibility for a couple of small change orders. He stated that at this time the majority of surprises would have been found. Council Member Buchholz questioned the $72,000 cost for the pipe change from 42 inches to 32 inches. Mr. Brand stated that there had been an opportunity to do an alternate piping scheme which allowed for use of existing clear wells and added value to the project. Resolution 09 -216 Award Bid to Fluor Brothers Construction Co., for Leach Amphitheater Storage Facility ($84,780.00) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Council Member Buchholz questioned where the funding from the trust fund came from. 1 'I PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Tom Stephany, Parks Director, explained that the funds were from the Stanhilber Trust Fund and that trust was oriented towards improvements and maintenance of the parks. He stated that it had been used to purchase amusement rides for the park. Council Member Buchholz stated that he was confused with the subcontractor list. He questioned if the frame was wood with a metal outer shell. Mr. Stephany explained that the entire building was wood with a concrete slab. Council Member Buchholz questioned if the list of contractors would be constructing the building. Mr. Stephany stated that the entire project would be completed by Fluor Brothers. Council Member Poeschl questioned the revised sheet that was handed out prior to the meeting. Mr. Stephany stated that the $10,380 was the correct amount. He explained that the road was not needed; therefore, they had saved $3,100. Mr. Rohloff explained that numbers had been transposed from the bid sheet to the resolution. Council Member Poeschl questioned if there was a cost to the taxpayers. Mr. Stephany explained that there was no cost to taxpayers as it was from a trust fund. Resolution 09 -220 Approval of Annual City Licenses MOTION: ADOPT (Poeschl; second, Tower) MOTION: DIVIDE INTO 2 PARTS: PART A BEING EVERYTHING EXCEPT PAS - TYME; AND, PART B BEING PAS -TYME (Poeschl; second, Tower) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09- 220AApproval of Annual City Licenses MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -220B Approval of Pas -Tyme License MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (6) McHugh, Buchholz, Palmeri, King, Tower, Mayor Esslinger; Present (1) Poeschl Council Member Poeschl explained he would vote present due to the licensee being a relative:. 12 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -222 Set Interest Rate for Special Assessment Payment Plans FIRST READING; LAID OVER UNDER THE RULES Resolution 09 -223 Establish City Wide Goals for City Manager MOTION: ADOPT (Palmeri; second, Poeschl) MOTION: AMEND TO ADD 4E 4) EVALUATE THE POTENTIAL USE OF A 3 RD PARTY CONSULTANT TO PERFORM COMMERCIAL REAL ESTATE VALUATIONS OR RECOMMENDED ASSESSMENTS (King; second, Esslinger) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger MOTION: AMEND TO ADD HIGH STANDARDS OF CUSTOMER SERVICE THROUGHOUT ALL CITY DEPARTMENTS; AND, CONTINUOUS IMPROVEMENT PHILOSOPHY THROUGHOUT ALL CITY DEPARTMENTS (Buchholz; second, King) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger MOTION: AMEND TO REMOVE MANAGER FROM THE TITLE "CITY MANAGER GOALS" (King; second, Esslinger) LOST: Ayes (3) King, Poeschl, Tower; Noes (4) McHugh, Buchholz, Palmeri, Mayor Esslinger VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Robert Cornell, 548 West Smith Avenue, stated that a long list of goals would be difficult to monitor as well as accomplish. He questioned the necessity of having an extensive list. Council Member Buchholz stated that he had two goals to add to the list. He explained that one was to have high standards of customer service throughout all City departments and the other was to improve as on ongoing process. Mayor Esslinger questioned if there was a time frame or if the goals were general goals. Council Member Buchholz questioned if there was accountability held when goals were not met or if the goals list was part of the performance evaluation for the City Manager. 1 :3 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Deputy Mayor Palmeri stated that the goals were not excessive and that they had been created collaboratively with the City Manager. He stated that the additional goals added by Council did not double the size of the list. Mr. Rohloff stated that he was not intimidated by date for accomplishing certain goals as many of the goals had been planned prior to creating the list. He explained that Council Member Buchholz's additional goals would fold into the strategic planning goal. Deputy Mayor Palmeri questioned how Council would hold accountability to incompletion of the goals. John Fitzpatrick, Assistant City Manager, stated that there would be a workshop on July 14 regarding strategic planning. He stated that at the meeting goals would be placed in the correct areas as an outline for completion. Council Member King stated that she would add under economic development to have a third party consultant provide assessment for commercial and real estate properties. Council Member Tower explained that there were two types of goals; personal and performance. He stated that many of the goals listed were City goals and believed others were micro managing the City Manager. Mr. Rohloff questioned the third party consultant as to when they would be put into play. Council Member King stated that the third party consultant would be added to the policy for assessments when assessing commercial and real estate properties. Mayor Esslinger stated that was a great idea considering he had problems in that area himself. Council Member Buchholz questioned the feelings Mr. Rohloff had regarding the title change for the goal list. Mr. Rohloff stated that he had no opinion in that regard and he would continue to work on them regardless of the title. Deputy Mayor Palmeri stated that he would not support the change. He stated that the goals were to evaluate the City Manager. Mayor Esslinger stated that he would not support the title change. Resolution 09 -224 Approval of Settlement Agreement with Walgreen Co. for Excessive Assessments for Property located at 950 South Koeller Street MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger 14 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Resolution 09 -225 Give Direction Regarding Funding of Recycling Carts A) Special Charge to Individual Property Owners Receiving a Cart B) Funding through 2009 Capital Improvement Program MOTION: ADOPT (Poeschl; second, Buchholz) MOTION: AMEND TO ELIMINATE OPTION B (Tower; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Robert Cornell, 548 West Smith Avenue, stated that he understood the funds were placed in the CIP until there was a decision. He questioned how and when the public would be educated on the process and the procedures. He questioned how the carts would be distributed, if each homeowner would receive one, if the carts would be registered and then assigned to the homeowner. He questioned if neighbors were able to share a cart to save on cost. He stated that the condo association needed answers as they contracted out for recyclables. Steve Barney, 1335 Summit Avenue, stated that the City had completed the first half of the inventory for green house gas emissions. He stated that the City of Oshkosh had a lower recycling rate than other City's in Winnebago County. He suggested using clear plastic bags for trash; imposing a fee for use of other bags or banning the use of other bags. He stated that plastic bags clogged the machinery. Lois Luebke, 619 Division Street, stated that the use of smaller bins did not work well. She explained that in the City of Madison the bins were placed half way up the driveway so they did not cause problems by rolling into the streets. Council Member Buchholz explained that the resolution pertained to funding of the bins. He stated that business owners preferred option A and he would support option A. He questioned if the City purchased the bins how to proceed with ownership. Mr. Rohloff stated that the bins would be owned by the property owner as it was for private use. He stated that there needed a replacement policy in place. Council Member Buchholz questioned if the issue of upgrading to a larger bin had been discussed. Mr. Rohloff stated that the policy was being worked on. He stated that the intent was to notify homeowners that they would receive the 96 gallon bin and only with a request would they receive a smaller bin. He stated that the life of the bin was 10 years. Council Member Buchholz questioned the cost to the City had they purchased the bins. 1:5 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Peggy Steeno, Finance Director, stated that the cost would be $1,008,750. Council Member Poeschl questioned if duplexes would receive two bins or if they would be allowed to share one. Mr. Patek stated that sharing would defeat the purpose of recycling. He explained that the intent was to have each unit have their own bin. He stated that the carts would be delivered. He stated that as more waste went to the land fill the tipping fee would double. Council Member Poeschl stated that the request for one bin was not promoting residents not to recycle. Mr. Patek explained that each bin has a serial number and that number would be assigned to a homeowner. Council Member McHugh questioned if each home would receive one bin. Mr. Patek stated that one bin per household. Mr. Rohloff stated that there would be constant educational programs through the summer. He stated that the City's intent was to increase recycling. Council Member McHugh questioned if business owners needed to purchase a bin for their home because they would take their recyclables to the business and dispose. Mr. Patek explained that the City was collecting from homeowners and not businesses. Mr. Rohloff stated that each home needed one bin. He stated that the business could be sold and then there would be no bin for recycling. He stated that it was the City's obligation to provide one to each resident. Council Member McHugh questioned if the City had received funds from Winnebago County Recycling. Mr. Patek explained that it had been decided at a previous meeting to use those funds for tipping fees. Deputy Mayor Palmeri questioned how the communities listed as current bin users funded the bins. He stated that as people used composting, one cart would be appropriate for two households. Mr. Patek stated that there were various ways for funding the binds. He stated that some communities provided the bins and others charged homeowners. He stated that Madison had two carts because they went automated for everything. Deputy Mayor Palmeri questioned if the bin would stay with the property in the event of the home being sold. 16 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Mr. Rohloff stated that the homeowner would be allowed to take the bin if they chose to. He stated that the new owner would need to purchase one. Mr. Patek stated that it was assumed the bin would stay with the property. He stated that it was stamped with the City of Oshkosh and that City's usually had different colored bins. Council Member Poeschl suggested that the Sustainable Advisory Board be used as a resource for education purposes. He stated that recycling needed to be promoted as a community. Council Member McHugh questioned if payment needed to be added to taxes or if property owners could pay prior to receiving their tax bill. Mr. Rohloff stated that special assessments needed to be charged on the tax bill per State Statute. He stated that the charge was $46 and if taxes were paid in installments that full amount would be added to the first installment. Mayor Esslinger stated that he would support option A. CITIZEN STATEMENTS Lois Luebke, 619 Division Street, stated that she was concerned with the maintenance of the bathrooms at North Park. Brian Kienert, 1647 Sanders Street, stated that the pedestrian and bicycle plan needed to continue to move forward. He stated that if there were bike lanes it would make drivers aware to their surroundings. He stated that there had been too many injuries due to car /pedestrian or bike crashes. Mary Lois Huybers, 2760 Minerva Street, stated that she was a member of the Oshkosh Cycling Club and felt there needed to be safe crossings over and under the bridges. Michaelene Urban, 24 Lake Street, stated that she was the vice president of Oshkosh Cycling Club with 171 active members. She stated that the funds for the revision should be used with enthusiasm and support should be given to engineer a plan to apply for federal and state stimulus funds. She stated that the trails needed to be updated and there needed to be a network of safety lanes to allow travel from one side of the City to another. Jeff Marks, 502 Union Avenue, stated that he was an avid bicyclist and stated his concerns regarding the safety of bicyclists. He stated that as the number of bicyclists increase so does the danger. He thanked Oshkosh Police Department for their quick response to reports regarding aggressive drivers towards bicyclists. He urged the City to implement the plan and take it seriously. Deb Winkes, 4311 Swallow Banks Lane, stated that she had concerns for the safety of bicyclists as a mom and a teacher. She stated that bike trails were important for attracting tourist. She commended the City for their move towards recycling. 17 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Carol Bartow, 1030 West 20 Avenue, stated that there needed to be safe routes and the City should promote bicycle safety. She stated that providing safe routes showed the City cared about the environment and quality of life for their residents. Ben Rennert, 1639 Elmwood Avenue, stated that he had concerns for the safety of bicyclists. He stated that the road conditions were a concern as he had popped several tires from the holes in the road. He urged the Council to push for bike lanes throughout the City. He stated that with the shape of the economy residents would become less dependent on vehicles. Dan Fedderly, 1751 Jaimee Drive, Omro, stated that he was concerned for the safety of children and for all bicyclists. He stated that bike lanes were needed. Steve Barney, 1335 Summit Avenue, stated that Ordinance 251 B3 commanded the Park Board to create a bicycle sub committee. He stated that there had not been a sub - committee for the past 13 years. He explained that the committee was to oversee the bike fund. He stated that the bike lane on Algoma Boulevard was maintained by UWO. Ken Kubiak, 3590 Bambi Lane, stated that he had been a resident of Oshkosh for the past 30 years. He stated that cycling popularity was growing; therefore, the danger of accidents increased, and urged the Council to make cycling safe for Oshkosh residents. Barb Newhouse, 1222 West 5 th Avenue, stated that she was new to cycling and it was an extremely dangerous sport. She stated that she spent time in Neenah and Appleton on their trails and urged the Council to spend the funds to improve the quality of Oshkosh. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Council Member Poeschl thanked the citizens for speaking on behalf of the bike plan. He stated that he supported the plan and urged Council Members for their support to adopt the plan. He explained that it was beneficial to the health, safety and economic stability of the community and taxpayers. He questioned the thoughts of other Council Members regarding receiving the Council packets one day earlier. He announced that his Public Forum would be held June 16 at Fire Station 17 from 6:00 pm to 7:30 pm. Mr. Rohloff explained receiving Council packets would happen if the deadline for the agenda would be moved ahead one day. He stated that there would be the possibility of losing some information from the Plan Commission and some items would not have enough time to be added to the agenda. Deputy Mayor Palmeri thanked those who spoke on behalf of the bike plan. He questioned why the sub - committee had expired. Mr. Rohloff stated that it had fallen through the cracks and funding issues had been a problem. He stated that once the plan had been adopted it would be incorporated into the capital improvement plan. He explained that once adopted they would qualify for financial aids. Deputy Mayor Palmeri questioned if Council should approve the revised plan from 2000 and then approve the new one, once created to help the plan proceed. 18 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Mr. Rohloff stated that the plan was close to being completed. Deputy Mayor Palmeri urged the bicyclists to hold critical mass events. He stated that it would help gain support from motorists. Council Member Buchholz questioned where the $45,000 for the plan fund came from Mr. Rohloff stated that it had been budgeted in the CIP last year. He stated that Schreiber - Anderson Associates from Madison had been hired to develop the plan. Council Member Tower explained that he had two issues related to the downtown parking lot. He stated that it was important to recognize that the Mayor had no more power than the other six members of the Council and that the Mayor was only one member of seven. He stated that he was concerned with how the Council governed. He stated that Council's decisions needed to proceed forward and not revisit previous decisions made from past Council Members. He stated that it was dangerous to revisit past decisions and hard for staff to follow. He explained that by revisiting past decisions would risk companies not choosing to contract with the City. He stated that companies would charge a higher premium due to the risk of change. Council Member King requested a workshop be held in August or September regarding the new railroad system. Mayor Esslinger suggested Council Member King contact them and set up a time. Deputy Mayor Palmeri explained that the Mayor needed to take an active roll in leadership. He stated that it was appropriate to revisit issues at times. He questioned if the Mayor had requested the parking lot meeting or if he had been requested to attend. Mayor Esslinger explained that Council Member McHugh and he had been requested to attend the meeting from Rob Kleman, Executive President of the Oshkosh Area Economic Development Corporation. Deputy Mayor Palmeri questioned if Councilors should abstain from attending meetings when requested. Mr. Rohloff stated that if Council Members were invited they could attend. Deputy Mayor Palmeri explained that the video that had been shown to Council explained that if Council Members attended a meeting they would show biases and would not be allowed to vote. Mr. Rohloff stated that the video explained the difference between legislative actions verses quasi judicial actions. Deputy Mayor Palmeri questioned where the word renegotiate came from. Mr. Rohloff explained that this was an issue for Council and not for the Manager. 19 PROCEEDINGS OF THE COMMON COUNCIL - JUNE 9, 2009 Council Member Tower explained that he agreed with Deputy Mayor Palmeri and it was not renegotiating an issue. He stated that the newspaper and the blogs had interpreted it that way and he wanted to clarify that it was not renegotiating. Council Member McHugh stated he attended the meeting and the word renegotiating was never mentioned. Mayor Esslinger stated that he agreed with Council Member Tower regarding the Council being made up of seven members. He stated that he had been invited to attend several meeting since being elected Mayor. He stated that he believed that Council needed to stand by the decisions that had been previously made. He gave his condolences to the Don Dino family. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that the Grand Opera House was on schedule for the process of bid opening. He stated that the bid opening would be on July 15 He explained that an analysis of the ceiling would begin this week. He stated that the green house gas inventory was completed and listed on the City's website. He stated that Ron Hardy of the Sustainability Advisory Board was pleased with the progress. He explained that they were in phase one of a five phase process. He stated that Strand Associates was awarded the bid of Wastewater Treatment Plant Remote Telemetry and Supervisory Control Center Engineering Service Contract in the amount of $166,000. He stated that the purchasing policy would be updated Ito provide transparency. Council Member Poeschl stated the past three years the green house emissions had decreased and was now on the increase again. He stated that there was a base line to work from as the goal was for ten years. MOTION: ADJOURN (Palmeri; second, Buchholz) CARRIED: VOICE VOTE The meeting adjourned at 10:14 p.m. PAMELA R. UBRIG CITY CLERK 20