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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN C) fH[<n 7H REGULAR MEETING held Tuesday, November 10, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Bob Poeschl, Burk Tower, Dennis McHugh, Harold Buchholz, Tony Palmeri, Jessica King and 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 Poeschl read the Invocation. The Pledge of Allegiance was led by students Mara Resop and Jackson Thiel from St. Frances Cabrini; and, Macrina Schry and Erica Sommerfeld from St. Elizabeth Ann Seton The Mayor presented the following proclamations declaring: November 9 -13, 2009 as "National Young Readers Week" November 8 -14, 2009 as "Love America Week" PUBLIC HEARING 2010 City Budget Anne Hintz, 1361 Washington Avenue, Representative for the League of Women Voters of Winnebago County, urged the Council not to cut the Parks Department budget. She provided Council with a booklet regarding the 47 parks and recreational areas in the City stating the study's findings, positions, recommendations and action plans. She urged the Council to fully fund the Public Library as it was one of the City's greatest assets. Steve Barney, 1335 Summit Avenue, questioned if the budget included funding for a Sustainability Director or an Energy Efficiency Office Manager. He explained that the Sustainability Director at UW -O stated that the position paid for itself repeatedly due to energy savings. There were no other appearances and the Public Hearing was CLOSED. CONSENT AGENDA Approval of Minutes from October 27, 2009 Council Meeting. 1 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Approval of Bills presented by the Finance Director. Receipt and Filing of Library Board Minutes from September 24, 2009. Approval to the Christine Ann Domestic Abuse Services, Inc Utilize Menominee Park and facilities for their Race for the Light December 5, 2009. Approval to the Oshkosh Farmer's Market Committee Utilize City Hall Parking Lot for their Annual Saturday Farmer's Market June 5, 2010 thru October 16, 2010. Approval to Cabela's Masters Walleye Circuit Utilize Menominee Park and facilities for their Annual MWC /NTC Fishing Tournament June 1 -7, 2010. Grant a Noise Variance to the Wisconsin Department of Transportation for upcoming work on U.S. Highway 41 2010 and 2011. Council Member Tower questioned if there were more specifics regarding the request for a noise variance. Mr. Patek explained that all of the projects listed required the noise variance and the request was to avoid traffic congestion due to the large volume of traffic on highway 41. Council Member Tower questioned what the variance related to. Ms. Lorenson stated that night hours would start at 10 p.m. Mr. Rohloff stated that there was no further information and the Department of Transportation would provide press releases regarding dates of evening construction. Mayor Esslinger suggested that Mr. Rohloff receive further clarification from the DOT and include it in Council's packet on Friday. Mr. Patek stated that the person in questioned was on lay off until next week. He stated that the DOT had wanted a response from the City by December 15 regarding the noise variance and that the City could request a representative from the DOT be at the next Council meeting. Approval to the Polar Plunge to extend their hours from their previous request February 19, 2010. (New Hours 10:00 am 10:00 pm) Resolution 09 -422 Accept Easement for Sidewalk Purposes from UW- Oshkosh on the South Side of Rockwell Avenue, between High Avenue and Pearl Avenue (Plan Commission Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Resolution 09 -423 Approve Two Monument Style Ground Signs as part of the Planned Development on the North Side of Marion Road, at the Marion /Jackson /Pearl /Riverway Intersections (Plan Commission Recommends Approval) Resolution 09 -424 Approval of Change Order No. 3 for Public Works Contact No. 09 -05 with Four -Way Construction of WI, Inc. for USH 41 Corridor Utilities North of Lake Butte Des Morts ($6,310.00) Resolution 09 -425 Approval of Change Order No. 1 for Public Works Contract No. 09 -20 with Four -Way Construction of WI, Inc. for Mini Storm Sewer /Storm Laterals $754.04) Resolution 09 -426 Award Bid for Public Works Contract No. 09 -28 to PTS Contractors, Inc for Jackson Street Murdock Avenue Utility Reconstruction ($373,288.15) Resolution 09 -427 Adopt Natural Hazards Mitigation Plan Resolution 09 -428 Consideration of Initial Resolution for Industrial Revenue Bonds for Kingsbury, Inc. (Information with respect to the job impact of the project will be available at the time of consideration of the Initial Resolution) Deputy Mayor Palmeri questioned the job impact this project would provide. Patrick Walsh, Attorney from Hall Render in Milwaukee, representing Kingsbury Inc., explained that approving the resolution would notify the public that Council would consider bond issues at the December meeting. He stated that the current jobs would be maintained at the existing facility with five additional jobs created to use the new equipment. Deputy Mayor Palmeri questioned if the jobs would be full time and provide family supporting wages. Mr. Walsh stated that the jobs were full time and would provide family supporting wages. Mayor Esslinger stated that he had an opportunity to tour the plant and they were well paid jobs. Resolution 09 -429 Approve Appointments to the Plan Commission Resolution 09 -430 Approve Agent Changes 3 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 MOTION: ADOPT CONSENT AGENDA EXCLUDING THE REQUEST TO GRANT A NOISE VARIANCE TO THE WISCOSIN DEPARTMENT OF TRANSPORATION FOR UPCOMING WORK ON U.S. HIGHWAY 41 IN 2010 AND 2011; AND RESOLUTION 09 -426 (Palmeri; second, Poeschl) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Grant a Noise Variance to the Wisconsin Department of Transportation for upcoming work on U.S. Highway 41 2010 and 2011. MOTION: ADOPT (Palmeri; second, Buchholz) MOTION: LAYOVER UNTIL DECEMBER 8, 2009 (Tower; second, McHugh) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Resolution 09 -426 Award Bid for Public Works Contract No. 09 -28 to PTS Contractors, Inc for Jackson Street Murdock Avenue Utility Reconstruction ($373,288.15) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (6) Poeschl, Tower, Buchholz, Palmeri, King, Mayor Esslinger; Noes (1) McHugh Council Member McHugh stated that the resolution was for the proposed roundabout at the intersection of Jackson Street and Murdock Avenue. He explained that he would not support this as the first installation of a roundabout in the City due to the high volume of traffic with higher speeds and the semi traffic from highway 41. He urged the first roundabout to be at 9 Avenue and Westhaven Drive. Council Member Buchholz questioned if the roundabout had been previously approved for the requested location. Mr. Rohloff stated that the agreement with the DOT had been approved and the resolution was for the utility work in that area. Council Member Buchholz questioned why the water /sewer mains were not included with the DOT cost. Mr. Patek stated that the water and sewer costs were 100% the responsibility of the local utility. E PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 ACTION TAKEN ON ORDINANCES AND RESOLUTION Ordinance 09 -431 Change Penalties for Parking Violations MOTION: ADOPT (Poeschl; second, Buchholz) MOTION: AMEND SECTION 27 -53 (A) CHANGE THE PENALTY FROM $15.00 TO $11.00 (King; second, Palmeri) WITHDRAWN MOTION: AMEND SECTION 27 -53 (A) TO REMOVE THE REFERENCE TO METER VIOLATION AND CHANGE THE PENALTY FROM $15.00 TO $11.00 (King; second, Palmeri) CARRIED: Ayes (6) Poeschl, Tower, McHugh, Buchholz, Palmeri, King; Noes (1) Mayor Esslinger MOTION: AMEND SECTION 2 TO ADD EFFECTIVE DECEMBER 1, 2009 (King; second, Palmeri) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King Mayor Esslinger MOTION: DIVIDE PARKING VIOLATION FEES FOR SEPARATE VOTE (Poeschl; no second) LOST: LACK OF SECOND VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (5) Tower, McHugh, Buchholz, Palmeri, King; Noes (2) Poeschl, Mayor Esslinger Christ Strong, Director of Transportation, stated that UW -O was going to review their fees. Mayor Esslinger questioned the amount of the fee for overtime parking. Mr. Strong stated that overtime parking was a $10.00 fee and the meter violations were $5.00. Council Member King questioned when the fees would take effect. Ms. Ubrig stated that they would be published on Saturday. Council Member King questioned if it was possible to make the effective date after the completion of the parking lot. Ms. Lorenson stated that the ordinance would need to be amended. 5 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Ordinance 09 -432 Approve Zone Change from R -2 Two Family and M -2 Central Industrial to C -3 Central Commercial with a Planned Development Overlay North Side West 6 Avenue, West of Oregon Street, Extending Westerly to City -Owned Lands at the Intersection of Michigan Street and West 4 Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Buchholz; second, Palmeri) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Ordinance 09 -433 Approve Official Mapping of Riverwalk on South Side of Fox River Extending Westerly from Oregon Street to West 4th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, McHugh) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Ordinance 09 -434 Approve Official Mapping of West 4 Avenue Extended and Iowa Street Extended at the Iowa Street West 4 Avenue West 5 Avenue Intersection (Plan Commission Recommends Approval) MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Ordinance 09 -435 Approval of Changes to Short -Term Parking Areas in the Jefferson Lot and Permit Parking Areas in the Otter East Parking Lot MOTION: ADOPT (Buchholz; second, Tower) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Council Member King explained that the previous time allowed was ninety minutes and the change was to allow two hour parking. Ordinance 09 -436 Approval of Parking Regulation Changes on Iowa Street, Minnesota Street, Sterling Avenue, 6 Avenue and 18 Avenue MOTION: ADOPT (Poeschl; second, Palmeri) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Il PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Resolution 09 -437 Approve Conditional Use Permit to Allow UW- Oshkosh to Utilize Existing Off Street Parking Area on a Temporary Basis; Approve Planned Development to Convert Existing Hard Surface Playground Area to Parking Area -608 Algoma Boulevard (Plan Commission Recommends Approval) MOTION: ADOPT (McHugh; second, Buchholz) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger Resolution 09 -438 Accept Gift of 1915 Oshkosh Fire Engine MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (5) Tower, McHugh, Buchholz, Palmeri, King; Noes (1) Poeschl; Present (1) Mayor Esslinger MOTION: RECONSIDER (King; second, Palmeri) CARRIED: Ayes (7) Poeschl, Tower, McHugh, Buchholz, Palmeri, King, Mayor Esslinger MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (6) Poeschl, Tower, McHugh, Buchholz, Palmeri, King; Present (1) Mayor Esslinger Council Member Tower explained the resolution requested that the Mayor be reimbursed $11,000 for the purchase of the fire engine and then the City would request donations to cover the purchase. He questioned where the truck would be stored, what the maintenance would be and how it benefited the City. Mayor Esslinger explained that he had a meeting with the Fire Chief and the City Attorney and agreed to purchase the fire truck and provide transportation back to the City. He stated that there would be three fund raising activities; the first was Holiday Parade; the annual toy drive and New Years Eve day at the Brooklyn Firehouse on 6 Avenue. He explained there would be a fund set up by the City for the fire truck. He stated that he had an agreement with a business that would house the truck in a heated facility at no charge. Chief Franz, Oshkosh Fire Department, stated that the last use for the fire truck had been fire prevention activities and public relations. He explained that the truck was a 1915 chain drive and was unique. He stated that there would not be a lot of maintenance to the truck. Deputy Mayor Palmeri questioned if it was the City reimbursing the Mayor or if the Mayor would be reimbursed from donations. Ms. Lorenson stated that was her understanding was that the Mayor would receive the funds raised from donations. 7 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Deputy Mayor Palmeri questioned if the funds raised did not cover the cost would the Mayor take a loss for the remaining amount. Mayor Esslinger stated that was correct. Deputy Mayor Palmeri questioned the gift acceptance policy. Ms. Lorenson explained that her office had started a draft; however, it was not available. Chief Franz urged the Council to support the resolution as it was a piece of history for the City. Council Member McHugh questioned if the truck was to be restored to its original condition. Mayor Esslinger explained that the vehicle had been in an accident in 1930 and there were apparatuses that had been changed at that time; however, the ladders and the frame were the original. Council Member McHugh stated that he would support the resolution as it was a piece of history for the City. Council Member Tower stated that if approved there would be no tax dollars used for the purchase. Council Member King questioned if the Community Foundation had been approached regarding the donation drive. Mayor Esslinger stated that he had not contacted them. Council Member King stated that this was an example of the urgent need for a gift policy. She stated that she had concern for future circumstances with regard of setting a precedent. She urged the Community Foundation to utilize the administrative roles of collecting funds. Mayor Esslinger stated that his concern was that laying over the resolution would deny the opportunity for fund raising at near events. He stated that if there had been adequate time the process to purchase would have been done differently. Council Member Poeschl questioned if the vehicle was insured and by whom. Mayor Esslinger stated that he had insured the vehicle himself. Council Member Poeschl stated that he agreed with the initiative taken to purchase the vehicle; however, he was concerned with not having a policy regarding acceptance of gifts in place. Council Member Tower questioned the amount of $11,000. �3 PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 Mayor Esslinger stated that $11,000 was an estimated cost; the vehicle purchase was $8,500; the insurance was $225; transportation ranged from $400 to $1700. Council Member Tower stated that the cost would be no more than the documented cost. He questioned who would provide insurance. Mayor Esslinger stated that donation funds would cover the cost of insurance. Ms. Lorenson explained that upon receipt of the vehicle gifted to the City they would be responsible for insurance coverage. CITIZEN STATEMENTS Steve Barney, 1335 Summit Avenue, stated that emissions had been growing at an accelerated rate. He urged the Council to request updates as to where the City was at with its greenhouse gas emissions. Deputy Mayor Palmeri stated that Mr. Gohde provided a memo regarding what the Storm Water Utility Committee did. He stated that minutes and agendas of those meetings were posted on the website. He stated that the formal name for the committee was Storm Water Utility Appeals Board and the committee had met four times in 2005; met five time in 2006; met once in 2007; met six times in 2008 and in 2009 there was two meetings. He explained that the meetings were difficult to televise due to maps and documents being displayed on tables as the memo stated. He questioned why there was no Council representation on the committee. He suggested the committee meet quarterly, change the meeting time to allow the meeting to be televised and have Council representation. Mr. Rohloff stated that it was created locally and was the Council's decision regarding Council liaison. He suggested the Committee to provide input as to where they were at with various issues. Council Member King supported the proposed procedure and process. Deputy Mayor Palmeri urged the Committee to provide input and suggestions. Mayor Esslinger announced that on November 17 at 5 pm was a follow up budget meeting and discussion regarding the Capital Improvement Program; November 19 the strategic planning work session at the Seniors Center at 5:30 pm. Mr. Rohloff stated that due to the time of the strategic planning work session there would be pizza or sandwiches provided. Council Member Tower stated that he would arrive late at the strategic plan work session due to a prior obligation. Deputy Mayor Palmeri suggested having a speaker from the Regional Planning Commission speak to Council prior to one of their meetings in 2010. E PROCEEDINGS OF THE COMMON COUNCIL NOVEMBER 10, 2009 MOTION: ADJOURN (McHugh; second, Buchholz) CARRIED: VOICE VOTE The meeting Adjourned at 7:30 p.m. PAMELA R. UBRIG CITY CLERK 10