HomeMy WebLinkAboutCommon Council MinutesPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
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ON THE WATER
REGULAR MEETING held Tuesday, January 11, 2011 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Esslinger presided.
PRESENT: Council Members Tony Palmeri, Steve Cummings, Jessica King, Steven
Herman, Bob Poeschl, Burk Tower, 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 Poeschl read the Invocation.
The Pledge of Allegiance was led by Catti -Brie Pepper & Shianne Wendt from Roosevelt
Elementary School; and Clarice Knaggs from Read Elementary School
Carl Schwartz from the Milwaukee Audubon Society presented the City of Oshkosh with the
inaugural "Bird City Wisconsin 2011" Award.
Mayor Esslinger asked for a moment of silence to be held to reflect those affected by the
recent shooting in Tucson Arizona.
CITIZEN STATEMENTS
Daniel Lynch, 310 S. Eagle Street, would like the City to consider banning smoking in cars
with small children inside, and banning smoking in parks, recreation areas, and beaches
where children congregate.
Pat Nichols, 2821 Stoney Beach Street, thanked the council members for their service.
Dennis McHugh, 1220 Greenfield Trail, was concerned that snow was not being removed
from downtown Main Street sidewalks. He also was concerned about vehicles speeding
through the roundabouts. Additionally, he thought Main Street was reconstructed too
narrow and doors being opened from parked cars caused problems for people driving on
the street. Finally, he believed it was unfair if citizens were passed over boards and
commissions appointments due to their age.
Steve Barney, 1335 Summit Avenue, was glad to see that memos and attachments were
included in the hard copy of the agenda for the meeting. Normally those items were
available via the website only and he hoped they weren't included in error.
PROCEEDINGS OF THE COMMON COUNCIL — JANUARY 11, 2011
PUBLIC HEARINGS
Resolution 11 -0 1 Approve Final Resolution Vacating Portion of Osceola Street from Pearl
Avenue Southwesterly to its Current Terminus (Plan Commission
Recommends Approval)
MOTION: ADOPT (Tower, Second; Poeschl)
CARRIED: Ayes (6) Poeschl, Tower, Palmeri, Cummings, King, Herman;
Noes (1) Mayor Esslinger
Mayor Esslinger did not support the resolution as he thought it was part of the
comprehensive plan for the University of Wisconsin- Oshkosh. He believed it was
appropriate that the Council be included in the entire comprehensive plan.
Ordinance 11 -02 Approve Zone change from M -3 General Industrial to R -3 Multiple
Dwelling with a Planned Development Overlay for the Vacant Lot on
North Side of Osborn Avenue, West of Mason Street (Plan Commission
Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
CONSENT AGENDA
Approval of Bills Presented by the Finance Director
Resolution 11 -03 Approve Granting Privilege in Street to METCO Environmental & Lang
Oil Co. to Install Monitoring Wells in North Main Street & Sterling
Avenue (Plan Commission Recommends Approval)
Council Member Herman asked why the wells were being installed.
Allen Davis, Director of Community Development, stated the wells were being installed per
DNR requirements to determine how far contamination had spread from a previous spill. He
explained the wells would be monitored for two years.
Council Member Herman asked who would be responsible for clean up costs if
contamination was found.
Mr. Davis replied typically the DNR would require the party responsible for the
contamination to be held responsible for the clean up.
Council Member Herman inquired if there was any concern to property owners in the area.
Mr. Davis stated there was no danger to the groundwater supply in the area.
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PROCEEDINGS OF THE COMMON COUNCIL — JANUARY 11, 2011
Resolution 11 -04 Accept Storm Sewer Easements at Various Locations between Koeller
Street & Tipler School Stormwater Detention Basin (Plan Commission
Recommends Approval)
Resolution 11 -05 Approve settlement agreement for excessive assessments for
properties owned by J. Peter Jungbacker, Alexander & Bishop, Ltd.,
20 Street, LLC, Oshkosh Westtowne, LLC, Lakeview Terrace, LLC &
Jungbacker Children's Present Interest Trust ($36, 234.55)
Council Member Palmeri asked what the City's chance of prevailing was if the case went to
court.
Ms. Lorenson stated that was hard to determine, but additional information received by the
Assessor's Office from Mr. Jungbacker opened weaknesses in these cases where,
subsequently the court would reduce the assessments.
Council Member Palmeri asked if the City acknowledged there were problems with the
assessments.
Ms. Lorenson stated the City did not acknowledge there were problems with the
assessments. The assessor was presented additional information which was reviewed and
a determination made to adjust the assessments. A compromise was made to resolve all
matters.
Resolution 11 -06 Approve Amendment to Agreement with Wisconsin Department of
Transportation to Reflect a Reduced City Share for the Reconstruction
of US Hwy 41 at Hwy 21 (- $16,500.00)
Resolution 11 -07 Approve Agreement with the Wisconsin Department of Transportation
for the Reconstruction of State Highway 91 ( +$500.00)
Resolution 11 -08 Approval of Change Order No. 3 for Public Works Contract No. 10 -06
with Fischer -Ulman Construction for Concrete Sidewalk- Pavement
Repairs ( +$239.12)
Resolution 11 -09 Approve Agreements for transportation Services with Winnebago
County
Resolution 11 -10 Authorize the filing of Applications for Federal Operating & Capital
Assistance, State Operating Assistance & County Transportation
Assistance
Council Member Palmeri commented he read an article in the Municipality that in 2007 a
state legislative committee recommended that municipalities should receive forty two
percent of their transportation operating budget from the State. Currently the City of
Oshkosh received twenty five percent of its Transportation budget from the State.
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PROCEEDINGS OF THE COMMON COUNCIL — JANUARY 11, 2011
Resolution 11 -11 Approve Distribution of Fisk - Gallup Trust Funds by Health Services for
Medical Services to Income Qualified Citizens
Resolution 11 -12 Approve Rescission of Property Taxes (Nutrition Supply Co Inc.)
Resolution 11 -13 Approve Labor Contract/Oshkosh Professional Police Association for
years 2010- & 2011
Council Member Palmeri asked if the labor agreement was consistent with the parameters
set out at the beginning of negotiations.
John Fitzpatrick, Administrative Services Director, stated he believed the labor agreement
was consistent with the parameters set forth at the beginning of negotiations. One of the
major goals was to equalize the health insurance. Another goal was to achieve a voluntary
settlement with the labor group. The bargaining committee also was able to keep wage
increases across the board at a level established by the Council.
Resolution 11 -14 Disallow Claim by Timothy Sullivan (for alleged damage to his vehicle
from ruts in road)
Resolution 11 -15 Approval of Operator, Taxi -cab Driver & Secondhand Dealers Licenses
MOTION: ADOPT CONSENT AGENDA (Palmeri; second, Herman)
CARRIED: Ayes (7) Poeschl, Tower, Palmeri, Cummings, King, Herman, Mayor
Esslinger
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Council Member Poeschl would like presentations from CHAMCO and OAEDC regarding
their respective business recruitment and retention practices prior to the renewal of their
agreements. He suggested the workshop regarding standard road widths tentatively on the
agenda for January 25 be replaced with a workshop for presentations from CHAMCO and
OAEDC since their agreements expired at the end of January.
Mayor Esslinger inquired what the workshop for road widths would involve.
Mr. Rohloff stated the workshop would be for educational purposes to review road widths as
there were many questions from the public regarding bike lanes, terraces, and sidewalks.
The workshop would educate the Council on what options are available and how City staff
reconciled the competing needs.
Mayor Esslinger requested a workshop be scheduled for the Plan Commission and the
Council to discuss street vacations and the comprehensive plan for UWO.
Council Member Herman suggested the Council also have joint workshops with the school
board prior to the budget process.
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PROCEEDINGS OF THE COMMON COUNCIL — JANUARY 11, 2011
CITIZEN STATEMENTS
Patricia Diener, 1316 Broad Street, expressed displeasure with the police department. She
also stated that people in her neighborhood were not shoveling their sidewalks.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff stated the City awarded service agreements for upcoming 2011 projects
including hydraulic modeling of storm sewer systems, stormwater management in the
Libbey Avenue — Nicolet Avenue drainage basin and for subsurface exploration and
geotechnical evaluation (soil borings). He also stated that the 2011 Citizen Budget Survey
would be commencing and if the Council wanted to add additional questions to the survey
they should forward those to him.
Mayor Esslinger suggested a question be added regarding if citizens would prefer to hold
the local elections in November instead of April.
Council Member Palmeri stated that although he appreciated the budget survey done by
UWO students, he preferred the City include surveys in the water bills similar to what was
conducted in 2008.
MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS THE
STATUS PRESENT AND PERSPECTIVE FOR THE PURPOSE
OF NEGOTIATING THE PURCHASE OF PUBLIC PROPERTY
WHERE COMPETITIVE AND BARGAINING REASONS
REQUIRE A CLOSED SESSION; FOR THE PURPOSE OF
PROPERTY REQUIRED FOR THE QUARRY PARK LANDFILL
GAS VENTING SYSTEM (King, second; Palmeri)
CARRIED: Ayes (7) Poeschl, Tower, Palmeri, Cummings, King, Herman,
Mayor Esslinger
MOTION: ADJOURN (Palmeri; second, Poeschl)
CARRIED: VOICE VOTE
The meeting Adjourned at 7:21 p.m.
PAMELA R. UBRIG
CITY CLERK
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