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HomeMy WebLinkAboutMinutes from 12/08/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKO.IH ON THE WATER REGULAR MEETING held Tuesday, December 8, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Dennis McHugh, Harold Buchholz, Tony Palmeri, Jessica King, Bob Poeschl, Burk Tower 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. The Pledge of Allegiance was led by Amber Beyer and Zachery Werbelow from Oshkosh East High School. PUBLIC HEARING Resolution 09 -458 Approval of Final Resolution for Special Assessments for Sanitary Sewer Laterals for Murdock Avenue There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger CONSENT AGENDA Approval of Minutes from November 24, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Receipt and Filing of Museum Board Minutes from November 5, 2009. Resolution 09 -459 Approve Setting Public Hearing Date to Vacate Portion of Riverway Drive (Plan Commission Recommends Approval) 1 PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 Resolution 09 -460 Award Bid for Operational Chemicals for Water Filtration Plant and Wastewater Treatment Plant for 2010 to: A) Hydrite Chemical — Chlorine (est. $76,700.00) B) General Chemical — Aluminum Sulfate (est. $378,989.50) C) Rowell Chemical — Ferrous Chloride (est. $165,000.00) D) Hawkins — Liquid Odor Control (est. $114,750.00) E) Air Gas — Liquid Oxygen (est. $169,200.00) F) Polydyne — Liquid Polyelectrolyte (est. $52,800.00) (estimated 2010 costs for the water /wastewater chemical bids based on usage assumptions) Council Member Buchholz questioned the cost difference between 2009 and the estimated cost for 2010. Steve Brand, Superintendent of Utilities, explained that it was hard to predict due to variables in the treatment process. He stated that the past years had shown increases in product cost; however this year there had been decreases with some products. He stated that the pricing was stable therefore he did not anticipate an increase or a decrease for chemical cost. Mr. Patek stated that the chlorine went from 565 a ton to 590; the aluminum sulfate remained the same; the ferrous chloride went from 72.5 cents a pound to 60 cents. He explained that the anticipation was minor changes in the total budget usage. Mr. Brand explained that the chemical usage depends upon various issues and adjustments that occurred on a daily basis. Resolution 09 -461 Approve Final Resolution Regarding Industrial Development Revenue Bond Financing for Kingsbury, Inc. Resolution 09 -462 Approval of Change Order Number 2 for Public Works Contract Number 08 -03 with J.F. Ahern Co. for Wastewater Treatment Plant Headworks and Storm Water Control Improvements Project (- $471.16) Council Member Buchholz questioned the impact of the improvement. Mr. Brand explained that the Department of Natural Resources had begun including wastewater treatment plants in the industrial permitting process for storm water and the process included intense site monitoring. He explained that due to the number of improvements the facility had they were allowed a waiver. Resolution 09 -463 Approval of Change Order Number 1 for Public Works Contract Number 09 -10 with B &P Mechanical, Inc. for Wastewater Utility Heating and Ventilation Improvements ( +$9,044.00) 2 Resolution 09 -464 Approve Intergovernmental Agreement to Acquire a Fire Apparatus Simulator with Area Fire Departments PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 Council Member Buchholz questioned if there were additional costs annually to operate the simulator. Tim Franz, Fire Chief, stated that the operating cost included potential repairs as there was no long term maintenance agreement. Resolution 09 -465 Disallow Claim by Larry Dietrich (for injuries alleged from hitting a pot hole on Tennessee Avenue) Resolution 09 -466 Approve Appointments for Democrat and Republican Election Inspectors Resolution 09 -467 Approve Agent Change and Operator License MOTION: ADOPT CONSENT AGENDA (McHugh; second, Buchholz) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger ACTION TAKEN ON ORDINANCES AND RESOLUTIONS 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) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Council Member Tower questioned how long the noise would occur, would it continue all night and how many intersections were involved. Tom Buchholz, Project Manager with Wisconsin Department of Transportation, explained that there were a number of ongoing projects that would begin next year. He explained that construction from Witzel Avenue to the EAA Museum would require excavating at night to prepare the south bound roadway which required lane closure. He stated that night work eliminated traffic back ups as well as safety issues. He explained that other construction at night would be pier construction, trucks entering and exiting the site, bridge demolition and the replacement of the new bridge. He stated that it could continue each night, all night from March through November and the proposals are from 9 pm to 5 am to avoid high traffic volume. Council Member Tower stated that there was no alternative and the reasons made sense. Mr. Buchholz stated that there would be public meetings held next spring prior to construction as it would change commute routes. 3 PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 Ordinance 09 -468 Approve Zone Change from C -2 General Commercial to C -1 Neighborhood Business / 1726 and 1738 North Main Street (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Palmeri) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Ordinance 09 -469 Amend Ordinance for Snow Emergencies; Create Limited Snow Emergency; Define University Parking Area; Amend Parking Regulations During Snow Removal Operations MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Deputy Mayor Palmeri requested a summary of what the ordinance entailed. Mr. Patek explained that the current snow emergency procedure, covered the entire City and the revision would allow for two separate areas. He stated that the entire City would be one possible area for a snow emergency and the other would be the parking area around the University, which was defined as a limited snow emergency area. He explained that if a snow emergency was declared the parking would be; on an even day the vehicle would be parked on the even side of the street until noon the next day and then switch sides. Deputy Mayor Palmeri questioned if there were any snow emergencies declared last year. Mr. Rohloff stated that there was a partial snow emergency where the City requested the cooperation of residents. He explained that the difference was in the past the City was reluctant to declare snow emergencies as there was no alternative to residents for parking as it was to eliminate parking on every street with no exceptions and this allows parking on one side of the street. Deputy Mayor Palmeri questioned when it would take effect if approved. Mr. Rohloff stated that it would go in effect the day after publication; however, he would notify the public that tickets would not be issued if they followed the parking on even /odd days. Deputy Mayor Palmeri explained that the University uses text messaging as a means of notification regarding emergencies. He questioned if the City had the capabilities to implement that procedure. Mr. Rohloff explained that the Director of Transportation would be in contact with the University regarding snow emergencies and then the University would text the notification to students. E PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 Council Member Buchholz questioned if temporary signs would be posted during snow removal operations and would that process be announced through Media Services. Mr. Patek explained that the snow removal process allowed the City to designate temporary no parking areas when there were issues with narrow streets due to snow coverage and would constitute public hazard. Ms. Lorenson explained that the snow removal operations was a block by block issue, the snow emergency was a longer term event regarding noticing the public. Mr. Patek explained that snow collections was done on the main arterials and collectors and had signs stating no parking therefore there was no need for temporary signs. Ordinance 09 -470 Change Council Meeting Time in December 2009 MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (6) McHugh, Buchholz, Palmeri, Poeschl, Tower, Mayor Esslinger; Noes (1) King Council Member King stated that she had court hearings on December 22 during the day; therefore, she would not be able to attend the meeting at noon. Council Member Poeschl questioned if it was a permanent change regarding all second meetings in December or just in 2009. Mayor Esslinger stated that the ordinance was for 2009 only. Ms. Lorenson stated that it would depended upon where the second meeting fell on the calendar, and if there were substantial items that needed actions at that time. CITIZEN STATEMENTS Steve Barney, 1335 Summit Avenue, stated that he did a candle light visual for the meeting in solidarity with a global campaign for United Nations Climate Change Negotiations in Copenhagen. He stated that on Sunday the First Presbyterian Church that would ring their bell 350 times for a target of 350 parts per million carbon dioxide as atmosphere stabilization level in the next climate change agreement. He stated that he believed in the future there would be a price put on carbon therefore he urged the City to factor that issue into their future projects. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Deputy Mayor Palmeri questioned the process for the local government to make loans for energy efficiency improvements. 5 PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 Mr. Rohloff explained there was an option to provide authorization for municipalities to add the loan as a special charge similar to special assessments. Deputy Mayor Palmeri questioned what the City needed to do to implement a program to make loans available. Mr. Rohloff stated that was an idea some communities added to make use of their stimulus funds where the City was focusing on municipal buildings to benefit from that. Mayor Esslinger questioned when the East Central Wisconsin Regional Planning Commission update would be. Mr. Rohloff stated that it would be held in January; however, there was not a confirmed date. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that recruiting for the Long Range Finance Committee deadline was December 18 and it was on the City's website. He stated that appointments for the committee would take place in January. He stated that there was a memo from Mr. Strong regarding an addendum to the contract for the 400 Block and a memo regarding the purchase of ozone generators as part of the equipment replacement program at the Water Filtration Plant. He stated that there would be a meeting regarding Melvin Avenue on December 9, 2009 at 5:30 pm at Webster Stanley School; however if schools were closed the facility would not be available and the meeting would be rescheduled. He stated that there were two options available; major reconstruction of the storm sewer on Melvin Avenue as part of the projects and included a pump station for storm water located at Menominee Park. He explained that by building a storm water detention pond would save on cost. He explained the renewable energy incentive program; he stated that if business were interested the City could make loans available through TIF funds in industrial parks. He stated that the loan would pay for itself with the payback on the energy savings from a wind turbine. He stated that the state and federal governments would cover the first half of the cost and the City would provide the second half. He stated that after a period of tens years a business owner would be able to own a wind turbine or any renewable energy product at absolutely no cost. He stated that the issues of location were being investigated regarding wind turbines near airports. Mayor Esslinger stated that the presentation recently presented by Renewable Energy was great. He stated that the initial cost was high; however there were grants available and the reduction of electrical cost was significant. Il PROCEEDINGS OF THE COMMON COUNCIL - DECEMBER 8, 2009 MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING STRATEGY, OPTIONS AND PARAMETERS RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITH AFSCME 796, AFSCME 7968, AFSCME 796C, LOCAL NO. 316, I.A.F.F., OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION AND OSHKOSH POLICE SUPERVISORS ASSOCIATION PURSUANT TO SECTION 19.85(1) (C) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. (Palmeri; second, Esslinger) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger MOTION: ADJOURN (Palmeri; second, McHugh) CARRIED: VOICE VOTE The meeting Adjourned at 6:49 p.m. PAMELA R. UBRIG CITY CLERK 7