Loading...
HomeMy WebLinkAboutMinutes from 9/22/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOIH ON THE WATER REGULAR MEETING held Tuesday, September 22, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Harold Buchholz, Tony Palmeri, Jessica King, Bob Poeschl, Burk Tower, Dennis McHugh and Mayor Paul Esslinger ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member Buchholz read the Invocation. The Pledge of Allegiance was led by Raechel Oostenbrug and Alexandra Gleason from Oshkosh Christian School CONSENT AGENDA Approval of Minutes from August 25, 2009 and September 8, 2009 Council Meetings. Approval of Bills presented by the Finance Director. Receipt and Filing of Museum Board Minutes from August 6, 2009. Approval to the residents of Fulton Avenue for a Block Party / October 3, 2009. Approval to the Oshkosh Chamber of Commerce / Utilize City Streets for their 27 Annual Oshkosh Holiday Parade / November 12, 2009. Approval to the Celebration of Lights Steering Committee / Utilize Menominee Park and facilities for their 8 th Annual Celebration of Lights / November 24, 2009 thru January 1, 2010. Approval to Five Star NTP / Utilize City Streets for their three Foot Races / January 2, 20110. Approval to Oshkosh West High School / Utilize City Streets for their Homecoming Parade / October 9, 2009. Receipt of Petition to Legalize Walking Leashed Dogs in South Park. Receipt of Claim filed with the City's Insurance Company / Carol Spiegelberg, for injuries alleged from a fall due to a hole in the street. 1 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Receipt of Claim filed with the City's Insurance Company / Victoria Towns, for injuries alleged from a tripping on the sidewalk. Resolution 09 -364 Approve Agreement for Installation and Operation of Pay and Display Stations in UWO Campus Area Council Member King questioned the penalty for violating an overtime meter. Joe Bloom, 800 Algoma Boulevard, stated that the penalty was $11. Council Member King questioned if the resolution was excluded in Resolution 09 -374. Ms. Lorenson explained that the penalties in Resolution 09 -374 were City penalties and Resolution 09 -364 addressed UWO penalties. Mr. Rohloff explained that the intent was to extend what was currently in place and not to change the penalties. Council Member Buchholz questioned the number of pay and display stations located in the campus area. Mr. Bloom stated that there were six. Council Member Buchholz explained that there would be a loss of $1,600 in revenue for the City. He questioned if the new agreement stated that the City would not be recipients of revenue if owned by UW -O. Mr. Rohloff stated that was correct as those facilities were owned by the University, he stated that the areas being discussed were areas in the public right of way that the City patrolled. Resolution 09 -365 Approval of Amendment No. 2 to South Shore Redevelopment Area Project Plan Council Member Poeschl questioned what the term improvement meant on page seven, number thirteen. Jackson Kinney, Director of Community Development, explained that improvements meant any structures, buildings. Council Member Poeschl questioned if there should be concern regarding environmental contamination within the area. Mr. Kinney stated that there should not be any significant issues for concern. Resolution 09 -366 Authorize Submittal of EPA Brownsfields Assessment Grant Application for a Petroleum and Hazardous Substance Grant to be used on Scattered Sites throughout the Community 2 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Council Member Poeschl questioned what sites would be reviewed, or if this pertained to applying for the grant and then allocate to the resources at a later date. Mr. Kinney stated that was correct. He explained that the primary areas would be designated redevelopment districts, the brownfield areas. He stated that it was a City wide grant therefore the funds could be utilized throughout the entire City. Council Member Poeschl questioned how the project was completed without being included in the bid. Mr. Patek explained that the typical contract included a certain amount of work, additional work was from. water main break repairs or unexpected work. He stated that this was for the South Shore Redevelopment area and this was the best price for a City contract on sidewalk repair, curb and gutter work. Resolution 09 -367 Approval of Change Order No. 1 for Public Works Contract No. 08 -01 with S.J. Louis Construction, Inc., for Hazel Street - New York Avenue Utility Reconstruction ( +$59,261.89) Resolution 09 -368 Approval of Change Order No. 2 for Public Works Contract No. 09 -05 with Four -Way Construction of WI, Inc. for Highway 41 Area Utility Relocations (- $135,696.92) Resolution 09 -369 Approval of Change Order No. 1 for Public Works Contract No. 09 -06 with Fischer -Ulman Construction Inc. for Concrete Sidewalk- Concrete Paving on 9 th Avenue (Main to Nebraska) ( +$107,861.57) Resolution 09 -370 Award Bid for Public Works Contract No. 09 -21 to Buteyn- Peterson Construction Company, Inc. for Oakwood Road Stormwater Facilities ($386,816.71) Resolution 09 -371 Approve Agreement with Wisconsin Department of Transportation for Utility Relocations Required for Reconstruction of US Highway 41: Koeller Street and 20th Avenue (Total Cost - $216,962.50, City Share - ($39,660.25) Resolution 09 -372 Rescind Personal Property Taxes for Verizon Wireless ($1,946.89) Council Member Buchholz questioned if the City would receive the funds or if it would go to the Department of Revenue. Ms. Lorenson explained that Verizon was charged twice for an assessment due to the City and the Department of Revenue assessed the property . She explained that the Department: of Revenue assessed manufacturing and utility properties within a City and the City collected the taxes; therefore the City would do the refund. 3 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Resolution 09 -373 Approve Combination "Class B" License, Class "B" Fermented Malt License, Agent Change, Special Class "B" License and Operator's Licenses MOTION: ADOPT CONSENT AGENDA (Palmeri; second, McHugh) CARRIED: Ayes (7) Buchholz, Palmeri, King, Poeschl, Tower, McHugh, Mayor Esslinger ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -374 Change Penalties for Parking Violations MOTION: ADOPT (Poeschl; second, Tower) MOTION: LAYOVER UNTIL NOVEMBER 10, 2009 (King; second, Palmeri) CARRIED: Ayes (7) Buchholz, Palmeri, King, Poeschl, Tower, McHugh, Mayor Esslinger Council Member King questioned when the ordinance would become effective. Ms. Lorenson stated that ordinances were published on the Saturday following their passage. Council Member King questioned when the 400 East Parking Lot would be completed. Mr. Rohloff stated that completion target date was the end of October. Council Member King explained that it was not the time for increasing penalties due to the parking lot construction displacing ninety -one vehicles and a petition being circulated, to change the time limit from ninety minutes to two hours. Council Member Tower questioned if the layover would cause harm to the ordinance. Mr. Rohloff stated that he did not see any harm in the layover. Mayor Esslinger stated that he would support the layover due to his concern with the increase. Ordinance 09 -375 Approval of Changes to Permit and Leased Parking Areas in the Jefferson, High Avenue and 400 Block West Parking Lots FIRST READING: LAIDOVER UNDER THE RULES Ordinance 09 -376 Approval of Technical Corrections to Speed Limits Ordinance and Parking Regulations Changes on Church Avenue, Eagle Street, North Main Street and Taft Avenue FIRST READING: LAIDOVER UNDER THE RULES C! PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Council Member McHugh questioned the removal of the speed limit in alleys. Ms. Lorenson explained per State Statutes, alleys were 15 miles per hour and there was no change. Resolution 09 -377 Resolution Preliminarily Determining Project Site to be Blighted and Declaring Intent Regarding the Issuance of Revenue Bonds by the Redevelopment Authority to Finance River Valley One, LLC Project (524 North Koeller Street) MOTION: ADOPT (King; second, Tower) CARRIED: Ayes (7) Buchholz, Palmeri, King, Poeschl, Tower, McHugh, Mayor Esslinger Resolution 09 -378 Resolution Preliminarily Determining Project Site to be Blighted and Declaring Intent Regarding the Issuance of Revenue Bonds by the Redevelopment Authority to Finance the Shops at Market Fair Project (1508 -1550 South Koeller Street) MOTION: ADOPT (Buchholz; second, King) CARRIED: Ayes (7) Buchholz, Palmeri, King, Poeschl, Tower, McHugh, Mayor Esslinger CITIZEN STATEMENTS Dan Lynch, 310 South Eagle Street, provided Council a handout regarding smoking statistics that he provided to students. He urged citizens to test their homes for radon and urged the Health Department to make the public aware of radon. Theresa Duren, 1125 Devonshire Drive, questioned if the Urban Wildlife Specialists would be culling since the problem with the herd has grown. She urged Council to move forward and provide relief to the residents in the problem neighborhood. Mayor Esslinger questioned if he could respond at this time. He stated the he had spoken with the DNR and understood the frustration of the residents. Ms. Lorenson explained that response should be done with caution and limited. She staked that a full discussion could not take place because it had not been publically noticed. Mr Rohloff confirmed there was an open contract with the Urban Wildlife Specialists and there was the possibility of bringing the firm back; however, he was concerned with overstepping the Council as they were in the process of forming a wildlife committee. He explained that the Urban Wildlife Specialists recommended there be snow on the ground to be effective and to bring them back in a limited amount of time would be difficult due to their schedule. 5 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Mayor Esslinger explained that he received information from the Governor's office that they would allow deer to be tranquilized and relocated; however after requesting that information be put in writing the representative from the Governors office denied the statement. He staked that he had been in contact with the DNR and they were frustrated. Mrs. Duren stated that culling the deer had been passed prior to forming a committee, therefore Council should continue to move forward and assist the residents that were continuing to have problems with the herd. Mayor Esslinger stated that the City Manager had the authority to contact the Urban Wildlife Specialists and have them back to cull. Mr. Rohloff stated that further discussion should not take place to avoid violations. Linda Grant, 1405 Cambridge Avenue, stated that she was concerned and frustrated with the urban deer problem in her neighborhood surrounding the Armory woods. She stated that Brian Woodberry of the DNR assured her that the deer specialists would come back to cull. She stated that the neighborhood supported a wildlife committee as an educational method. She passed out information to the Council regarding a deer that was transferred in Green Bay and the result was death of the deer due to stress. She questioned why the process has taken three years with no end result. Cindy Smith, 1345 Kensington Avenue, stated her concerns with the deer problem and safety issues. She stated that she felt the Council was not following through with what had been voted on and therefore she did not expect much from the Council regarding her concerns. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mayor Esslinger questioned if there were any requests for workshops. Mr. Rohloff stated that the October 6 th workshop was for strategic planning. Council Member McHugh questioned the date for the workshop regarding fees. Mayor Esslinger stated that fees would be discussed at the strategic planning workshop. Mr. Rohloff explained that fees would be part of the discussion due to the issues of concern regarding the Inspection Division image. Council Member McHugh stated that fees and strategic planning were separate issues and felt there needed to be a workshop pertaining to fees, so Council could compare other municipalities and their fees. Mr. Rohloff explained that the packet provided to Council at the last meeting had comparisons. He stated that his recollection was that the delay had nothing to do with the comparables, but had to do with concerns of the public perceptions of the Inspections Division. C PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Mayor Esslinger stated that the current fee structure was broadly based and urged Council to have a workshop. He explained that there should be public input regarding the fee structure due to the impact it may have on business owners. Mr. Rohloff stated that the discussion on fees during the strategic planning would be general and suggested waiting until after the strategic planning workshop to schedule a fee workshop. Council Member McHugh questioned why all departments were not included in the strategic planning. He stated that he felt the City Manager did not want the fee comparisons televised. Mr. Rohloff explained that the purpose of strategic planning was to put Council into a format. He stated that Council did not wish to discuss the comparable data provided at the last meeting. Council Member McHugh stated that his belief was there was not enough data provided, as it did not provide the number of employees of each entity. Council Member Poeschl explained that Council Member Buchholz suggested discussing fees in a budget meeting rather than a workshop and other conversations suggested in a strategic planning meeting. He requested a breakdown of the discussion of fees during the strategic planning and how it would be beneficial to the process. Mr. Rohloff explained that the issue needed to be determined to know where to discuss the issues. He stated that he was open to a workshop. Deputy Mayor Palmeri questioned if a workshop had been scheduled regarding a point system for liquor licenses. Mr. Rohloff stated that there had not been a date set. He stated that he would communicate with staff and get back to Council. Mayor Esslinger explained that forming the Wildlife Committee would be an ordinance change therefore it would require two readings of the Council and the first reading would be on October 13 with a vote on October 27 He announced that individuals interested in serving on the committee should contact the City Manager's Office at 236 -5000 and his secretary would provide the appropriate forms and information. He questioned if information would be provided on the City's website. Mr. Rohloff stated that there were applications on the website and there would be an announcement made to the public. Mayor Esslinger suggested residency be required. Ms. Lorenson explained that there was a City ordinance that required residency, except for the ones that have specified positions by State Statutes. 7 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Council Member Buchholz questioned if a Council Member would be appointed as a liaison to the Wildlife Committee. Mayor Esslinger stated that the Council would determine if there would be a liaison from Council or not. He requested October 16 to be the deadline for applications to be submitted to the City Manager's Office for the Wildlife Committee and then he would review them and make his recommendation. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that there were adjustments to the Perry Tipler School construction area to accommodate the condos located there. He stated that Council was scheduled to receive the budget document around October 7 and budget workshops were scheduled for October 20th and November 3 He explained that it was the City's intent to hold public information meetings after October 7 th to communicate the budget process, with a 30 minute open forum and then the presentation. Deputy Mayor Palmeri questioned the time for the budget workshops. Council Member Tower stated that typical they started at approximately 5 p.m. Deputy Mayor Palmeri questioned if the intent was to have Department Heads explain their budget to Council. Mr. Rohloff stated that was the intent; however, he was accepting suggestions that would benefit the Council Deputy Mayor Palmeri suggested that Department Heads explain what they have donee to provide efficiency in their department. Council Member Tower suggested that Department Heads include two to three goals for their budget. Mayor Esslinger questioned the different approach to the budget process that the City Manager was going to take. Mr. Rohloff explained he requested staff to include performance measures and goals. He stated that he was struggling with the format and he would continue to work on the process. He explained that the meetings held regarding the Sawyer Creek Storm Water Basins were helpful; however, there were issues with Westhaven Golf Course. He stated that the purpose of the study was to review storm water issues and had nothing to do with financial liability of a golf course. He stated that there were two outcomes that came from the meetings; one was to review the business aspects of the golf course and the other was if it would be feasible for the City. He explained that from a storm water view it was effective to have the ponds on the golf course. He stated that he had concerns with the City operating two golf courses. Deputy Mayor Palmeri questioned what the timeline was for a final decision regarding the golf course. F PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Mr. Rohloff explained that the business end of the golf course needed to be analyzed prior to any final decisions. Deputy Mayor Palmeri stated that a substantial number of residents want the golf course to remain as itwas and investigate alternate solutions. He questioned if Council should vote on a resolution to proceed forward prior to analyzing the business side of the golf course due to the time spent studying the business side of the golf course was time not used to study alternative solutions. Mr. Rohloff stated that he agreed; however, there were other models that had been investigated and they were not as effective per the consultants that were hired for the investigation. Deputy Mayor Palmeri suggested Council determine if the golf course should be studied or that option be removed for ponds. He questioned how other Council Member's felt. Mayor Esslinger questioned if Mr. Rohloff would have a resolution regarding the golf course on the next agenda for discussion and what it would pertain to. Mr. Rohloff explained that he would request Council to direct staff to pursue a consultant: to investigate the business aspects of maintaining the golf course. Mayor Esslinger explained that Deputy Mayor Palmeri was urging that the entire golf course suggestion be eliminated. He announced that there would be a resolution on the next agenda requesting Council to determine if the golf course option should be explored or deny the option of the golf course altogether. Mr. Rohloff explained that there was a signal improvement at Jackson Street and Smith Avenue and he authorized engineering work be completed with the plans. He stated that the single stream recycling cart deliveries had began and residents that received their cart this week would begin to recycle on October 51 th on their normal garbage pick up day; for those that receive their cart the week of September 28 single stream recycling would begin on October 12 and then residents would recycle every other week. He stated that information packets were attached to the carts and available on the City's website. Council Member McHugh questioned if residents that lived in a multi - family home were charged for each dwelling and if each address was required to have a cart. Mr. Rohloff explained that it would depend on how the property was designated; single family residents would receive one cart and duplexes would receive two. He explained that residents could request the information be changed on the Assessor's record if they no longer were renting. He stated that bylaw the City needed to provide the capability for residents to comply with recycling. Council Member McHugh stated that at the time of the garbage fee, the option to change the description of the dwelling was not provided. He questioned if someone could refuse their cart. 9 PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 22, 2009 Council Member Buchholz questioned how residents that purchase homes during the tirne letters were sent regarding the carts, would request a cart. Mr. Rohloff explained that each home would receive a cart and if no one occupied the home: at that time, a 96 gallon cart would be delivered. Mr. Patek stated that there were no small carts available due to the order was placed in July. He explained that as individuals that had ordered a smaller cart request a larger cart, the Sanitation Department would obtain the small carts and that make them available. Deputy Mayor Palmeri questioned the issue with one way streets. Mr. Patek explained that the truck would go down the street the wrong way or send out a manual crew. He stated that the trucks were operated by one person. Deputy Mayor Palmeri questioned if the one way street would be blocked off when the truck was going down the wrong way. Mr. Patek stated that there was enough room for vehicles to pass. MOTION: ADJOURN (McHugh; second, King) CARRIED: VOICE VOTE The meeting adjourned at 7:35 p.m. PAMELA R. UBRIG CITY CLERK 10