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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday, March 8, 2011 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Steven Herman, Bob Poeschl, Burk Tower, Tony Palmeri, Steve Cummings, Jessica King, and Mayor Esslinger ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Brittany Schwartz and Kaitlyn Schulz from Smith Elementary School; and, Lily Fournier, Emma Gelhar, Isabella Thompson, and Shannon Morris from Jefferson Elementary School. PROCLAMATION A proclamation was presented by Mayor Esslinger declaring the month of March 2011, as Youth Art Month in the City of Oshkosh CITIZEN STATEMENTS Glenn Potratz, 437 W 5 th Avenue, and Dale Drake, 447 W 5 th Avenue, were concerned about flooding on their area and requested their street be reconstructed with new storm sewers and concrete pavement instead of overlay. They explained there were eighteen properties on the street and twelve of the homeowners signed a petition requesting the street be reconstructed. They stated other streets in the area were being reconstructed and it made sense to include the 400 block of W. 5 th Avenue. Mr. Rohloff acknowledged the 400 block of W. 5 th Avenue was in need of repair, however the street was located in the South Shore Redevelopment Area which was in the process of being developed. He explained due to the uncertainty of projects in that area it would not be prudent to reconstruct the 400 block of W. 5 th Avenue at the present time. Dennis McHugh, 1220 Greenfield Trail, stated the City should not contribute financially to the renovation of the City Center Hotel. 1 PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Carl Sosnoski, 2475 Knapp Street, explained he did not believe the City should contribute financially to the City Center Hotel. He thought the City should focus on rebuilding the Pioneer Inn property. PUBLIC HEARING Resolution 11 -95 Approval of Final Resolution for Special Assessments / Paving, Sidewalk, Driveway and Utilities / Second Local Street Concrete Paving Program — South Side MOTION: ADOPT (Tower; second, Cummings) CARRIED: Ayes (7) Herman, Poeschl, Tower, Palmeri, Cummings, King, Mayor Esslinger Carl Sosnoski, 2475 Knapp Street, stated commercial properties were charged unfairly for special assessments. Julie Mohrman, 537 W. 5 th Avenue, stated her frustration with the amount of time it took for street construction projects along with the costs. Council Member Palmeri questioned if commercial properties were charged a different rate for special assessments than residential properties. Mr. Gohde stated the special assessment policy had different levels of assessments based on how a property was zoned. Mr. Rohloff explained commercial properties were charged a higher rate based on the width of the street. He stated the logic was commercial properties needed wider streets than residential properties in order to carry heavier traffic including semi trucks for deliveries. Council Member Palmeri stated the City should explore other ways of funding street improvements. Mayor Esslinger stated that the special assessment policy should be reviewed. Mr. Rohloff explained it would be appropriate for the Long Range Finance Committee to review the special assessment policy due to the financial implications. He thought a workshop on the special assessment policy would be a good idea for the new council. CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and filing of Common Council Minutes from February 22, 2011. PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Receipt of claim filed with the City's Insurance Company / Tavia Harter for alleged damages to her vehicle as a result of being hit by a snow plow Receipt of Claim filed with the City's Insurance Company / AT &T for alleged damages to utility pole and aerial cable facilities Receipt of Claim filed with the City's Insurance Company / Nicholas Faust, for alleged damages to his vehicle as a result of snow build up on the street Resolution 11 -96 Award Bid to L & S Truck Center for a 2.5 Ton Dump Truck Chassis for Forestry Division ($53,063.00) Resolution 11 -97 Award Bid to Reinders, Inc. for a Commercial Mower /Snow Removal Unit for Parks Department ($38,649.00) Resolution 11 -98 Award Bid to L & S Truck Center for a 3 / Ton Crew Cab Pickup Truck with Lift Gate and Plow for Parks Department ($34,988.00) Resolution 11 -99 Award Bid for Public Works Contract No. 11 -06 to Fischer -Ulman Construction for Concrete Sidewalk ($539,275.50) Resolution 11 -100 Approval of Change Order No. 1 for Public Works Contract No. 10 -04 with Advance Construction, Inc., for Various concrete Paving and Utility Projects — North Side Paving Project ( +$129,683.92) Resolution 11 -101 Approval of Change Order No. 1 for Public Works Contract No. 10 -09 with Miron construction Company for Melvin Avenue Area Storm Water Pump Station ($0) Resolution 11 -102 Authorize Jurisdictional Offer for the Quarry Park Landfill Gas Venting System Project in the Amount of $126,000 Jeff Rasmussen, 1914 Greenbriar Trail, was the co -owner of the property the City was purchasing. He stated he signed a purchase agreement for a different amount than what was listed in the resolution. He explained there was loss of rent and other expenses that were supposed to be reimbursed that were not included in the resolution. Mr. Rohloff explained the City's agent was continuing to negotiate with Mr. Rasmussen's partner, Terry Abraham. He stated a tentative agreement had been reached, but until the details were worked out the City still needed to proceed with the Jurisdictional Offer. He explained if the Council approved the resolution it would not prevent the two sides from resolving issues. He stated the Jurisdictional Offer only covered the property and by State Statute, loss of rent and other expenses would have to be reimbursed to Mr. Rasmussen and Mr. Abraham. He explained the property owners would need to provide documentation of their losses. 3 PROCEEDINGS OF THE COMMON COUNCIL — MARCH S, 2011 Council Member Herman questioned if the purchase price changed would the Council have to approve it. Mr. Rohloff explained if the purchase price changed the resolution would come back to the Council. He stated the Jurisdictional Offer was necessary to protect the City. Resolution 11 -103 Disallow claim by State Farm on behalf of Jessica Collins (for alleged damages to her vehicle as a result of being hit by a snow plow) Resolution 11 -104 Disallow Claim by Eleanor Barney (for alleged injuries as a result of tripping on a raised part of a sidewalk) Resolution 11 -105 Approval of Special Class "B" License, Operator Licenses and Taxi -Cab License, Secondhand License MOTION: ADOPT CONSENT AGENDA (Tower; second, Palmeri) CARRIED: Ayes (7) Herman, Poeschl, Tower, Palmeri, Cummings, King, Mayor Esslinger ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 11 -106 Approval of a Loading Zone on Bay Shore Drive and Technical Corrections Related to Parking Regulations on Algoma Boulevard, Oregon Street and 8 th Avenue MOTION: ADOPT (Cummings; second, Palmeri) CARRIED: Ayes (7) Herman, Poeschl, Tower, Palmeri, Cummings, King, Mayor Esslinger Ordinance 11 -107 Approve Muraski Delayed Attachment Request from Town of Algoma (3087 Oregon Street) MOTION: ADOPT (Poeschl; second, CARRIED: Ayes (7) Herman, Poeschl, Mayor Esslinger Palmeri) Tower, Palmeri, Cummings, King, Ordinance 11 -108 Approve Ordinance to Permit Permanent Track Relocation within Broad Street Right -of -Way to Facilitate Reconstruction of Railroad Bridge over Fox River Deferred at Applicant's Request Dennis McHugh, 1220 Greenfield Trail, stated he would like the old bridge to be made into a fishing dock. Lois Luebke, 619 Division Street, considered the bridge a piece of history and would like part of it saved to be put on display. 4 PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Ordinance l l -109 Approve Amendment to Chapter 6 Animals, to allow Urban Chickens in R -1 Single Family Zoning Districts FIRST READING; LAIDOVER UNDER THE RULES Dennis McHugh, 1220 Greenfield Trail, questioned why the chicken ordinance went to the Sustainability Committee for review. Mayor Esslinger explained the chicken ordinance was reviewed by the Sustainability Advisory Board as the issue was believed to be one of sustainability. He stated the Health Department also reviewed the chicken ordinance. Mr. McHugh explained it was difficult to determine the sex of a chicken and was concerned there would be roosters crowing in the early morning hours. He stated according to the ordinance that slaughtering chickens was prohibited. He questioned how owners would get rid of their chickens. He stated did not feel the ordinance was enforceable. Christina Hoyt, 242 W. 15 Avenue, stated that chickens purchased from a hatchery have a ninety percent guarantee that the chicken will be sexed properly. She explained there was the option to buy pullets which were older chickens and the sex would already be determined. Tracy Venz, W11699 Olden Road, Ripon, owned a chemical free produce business which included three hundred ninety five free range chickens. She stated she would take any roosters that were incorrectly sexed and offered to sell pullets to the citizens of Oshkosh who wanted chickens. In her opinion, she explained that chicken owners would not need a nesting box for each chicken. She stated per ordinance, chicken owners could have a maximum of four chickens; they would only need two nesting boxes. Mary Rasmussen, 1010 Alpine Court, would like the opportunity to raise chickens for eggs. Marcy Clark, 1926 Iowa Street, supported the ordinance. Daniel Hoyt, 242 W. 15 Avenue, was in favor of the ordinance. He believed chickens made great pets and contributed to sustainability in that their eggs were of better quality. Lois Luebke, 619 Division Street, supported the ordinance citing the high cost of food. Kathy Colmer, 1152 W. South Park Avenue, thanked the Council for bringing the ordinance forward and thought it was good for the City. Ordinance l l -110 Establish Revised Sewer User Charges FIRST READING; LAIDOVER UNDER THE RULES 5 PROCEEDINGS OF THE COMMON COUNCIL — MARCH S, 2011 Ordinance 11 -111 Approval of Gift Policy MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) Herman, Poeschl, Tower, Palmeri, Cummings, King, Mayor Esslinger Council Member Palmeri questioned how the gift of the Miller's Bay fishing dock would have been treated under the new gift policy. Ms. Lorenson explained the Miller's Bay fishing dock would have been treated as a public improvement project under the new gift policy. She stated due to it had to do with the Parks Department the issue would have went to the Parks Advisory Board for their input. Council Member Palmeri questioned how the Christmas Box Angel gift would have been treated under the new policy. Ms. Lorenson explained the Christmas Box Angel would have classified as a work of public art which meant it would have to be reviewed by the Arts Committee. She stated due to it being a statue, it would also have to be reviewed by the Plan Commission. Council Member Palmeri questioned how the Mayor's fire engine donation would be treated under the new policy. Ms. Lorenson explained the fire engine would not fall under the new gift policy as the fire engine was not actually donated, there was an agreement to pay back. Council Member Palmeri noted under the Work of Art Section in the new policy, one of the criteria that may be relevant on a case by case basis was the suitability of the theme of artwork to a public venue. He felt that was subjective and asked if the Arts Committee would determine the suitability. Ms. Lorenson stated that suitability of the theme of artwork to a public venue would be considered by the Arts Committee when they reviewed the donation to determine if there could be an issue. Resolution 11 -112 Establish 2011 Storm Water Utility Rate to $72.36/ERU MOTION: ADOPT (Palmeri; second, Herman) CARRIED: Ayes (7) Herman, Poeschl, Tower, Palmeri, Cummings, King, Mayor Esslinger Council Member Palmeri noticed in the three year stormwater utility projections, the year 2013 rate was $100.86. He requested an explanation of the projections. 3 PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Mr. Rohloff explained the projections were based on revenues such as grant reimbursements and the use of the cash reserves as well as the expenditures from the CIP. He stated, although the projected rate for 2013 was $100.86 the goal of City staff was to apply for grants and do everything possible to reduce the projected rate as much as possible. Resolution 11 -113 Declare and Approve Disposition of Surplus Property at 221 -225 Westfield Street to Habitat for Humanity of Oshkosh Restore MOTION: ADOPT (Palmeri; second, Cummings) CARRIED: Ayes (6) Herman, Poeschl, Tower, Palmeri, Cummings, King; Noes (1) Mayor Esslinger Council Member Palmeri asked for an explanation of the third paragraph of the resolution which read "Whereas, the cost to the City to advertise and solicit proposals for removal of the property, or for the City to remove the property either through the use of City employees or contractor, exceeds the value of the property to be removed resulting in the property having no or a negative value." Ms. Lorenson explained the paragraph meant it would cost the City more money to bid out for the removal of the property, have City employees remove the property, or advertise for the removal of the property than it would to have Habitat for Humanity remove salvageable goods from the property for their Oshkosh Restore. Mayor Esslinger stated he did not support the resolution. He explained Habitat for Humanity was a fine organization, he felt the City should not be giving away things of value. He stated the City should place the salvageable items on OshBuy. OTHER BUSINESS Appeal to Vicious Animal Decision by City of Oshkosh Health Director — Covill Withdrawn (Rescheduled March 22, 2011) Appeal to Vicious Animal Decision by City of Oshkosh Health Director — Liska Withdrawn (Rescheduled March 22, 2011) COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff stated he would reschedule the workshop with Canadian National Railroad regarding the replacement of the Fox River Railroad Bridge. Council Member Palmeri stated the Wisconsin Department of Agriculture, Trade & Consumer Protection's Agricultural Impact Statement regarding the James Road water detention basin had some merit and asked if the results of the report would change what the City had proposed for the James Road project. 7 PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Mr. Rohloff explained the Wisconsin Department of Agriculture, Trade & Consumer Protection's Agricultural Impact Statement regarding the James Road Water detention basin did not recommend that the City pursue the other options referenced in the report. He stated the Agricultural Impact Statement was focused primarily on the agriculture standpoint, not flood control in the City. Council Member Cummings stated the alternatives listed in the Agricultural Impact Statement were admiral, however he did not believe all the farmers would support them. Council Member Herman explained it would have been helpful if the Agricultural Impact Statement was made available to council members prior to voting. Council Member Palmeri questioned the status of the Neighborworks Program. Allen Davis, Director of Community Development, explained Neighborworks had created a steering committee that was currently deciding on a neighborhood, determining the target areas of that neighborhood and the projects they would be working on. He stated the steering committee met once a month and City staff attended the meetings so everyone was on the same page. Council Member Palmeri questioned how the steering committee was put together. Mr. Davis replied the Neighborworks executive director contacted the Community Foundation to identify people who would be willing to serve on the steering committee and help organize it. Council Member Palmeri questioned if the monthly meetings were open to the public Mr. Davis stated that Neighborworks was not a public body which led him to believe the meetings were not open to the public. Mr. Rohloff added although Neighborworks was not a public entity that did not mean the public would not be encouraged to attend the meetings. He explained there was not anything to discuss at the present time. Mr. Davis acknowledged the steering committee had not discussed anything at the neighborhood level yet, they were determining where their office would be along with administrative duties. Council Member Cummings stated he was co -chair of the steering committee and that the committee was structured to search out a wide range of members. He also stated that in addition to funding from the foundation, there would be private funding as well. Council Member Palmeri questioned if Neighborworks would utilize the Great Neighborhoods CIP funding. PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 Mr. Davis explained that Neighborworks would utilize the Great Neighborhoods CIP funding. He stated he wanted City projects to mesh with what Neighborworks would be doing in the targeted neighborhoods. Council Member Palmeri inquired what the process was for neighborhoods to get funding. Mr. Davis replied that Neighborworks was just starting up and was focusing on the Stevens Park neighborhood. He explained he expected Neighborworks to work with any neighborhood in the community. Council Member Cummings stated the steering committee was in the process of mapping which neighborhoods they would target after the Stevens Park neighborhood. Council Member Tower updated the Council on the Long Range Finance Committee. He stated the committee had finished their analysis of fees in the City and provided the Council with a report. He explained the committee was currently working on a repair /replacement fund however due to the Budget Repair Bill that would be put on hold while the committee focused on what impact the state budget would have on the City. Mayor Esslinger updated the Council on his pursuit to prepare a nuisance ordinance regarding people carrying signs asking for money. He explained after talking with the City Attorney he found that citizens had a First Amendment right to carry signs asking for money. He stated, Police Chief Greuel confirmed citizens were within their rights to carry signs asking for money so long as they were not verbally or physically abusive to anyone. He explained he did not want to risk a lawsuit, therefore he would not go forward with the nuisance ordinance. CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, encouraged the Council to enact an ordinance banning public smoking in the presence of minors. He was also concerned that adult high school students purchased cigarettes for minors. Lois Luebke, 619 Division Street, was concerned about individuals who did not have computers getting information regarding what was happening in the City. She stated she would like to see something done with the Pioneer Inn property. Mary Rasmussen, 1010 Alpine Court, made a pitch for the Neighborhood Watch Program. She invited citizens to call Sergeant Joe Nichols at the Oshkosh Police Department tc express an interest in the Neighborhood Watch Program for their neighborhood. Patricia Diener, 1316 Broad Street, was concerned about the way snow was plowed in her neighborhood. She stated she witnessed a grater plowing without its flashing lights at one o'clock in the morning on Ohio Street. 9 PROCEEDINGS OF THE COMMON COUNCIL — MARCH 8, 2011 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff reminded the public of the State of the City Address on Monday, March 21, 2011, at six o'clock in the evening. He stated the City waived bids for the purchase of police vehicles citing the City gets a better rate using the State bidding process. With respect to American Transmission Company (ATC) placing new metal power poles along the Rivermill area waterfront, he updated the Council on his meeting with the residents of the Rivermill Condominium Association. He explained Dave Patek had contacted ATC and they were willing to meet with the residents of the condominium association to discuss their intentions with the power poles. Council Member Palmeri stated the aesthetics of the riverfront should be made apparent to ATC. Mr. Rohloff reminded the public that the Ninth Avenue overpass was closed and would reopen approximately July 15, 2011 along with the northbound on /off ramps. The southbound on /off ramps would reopen in November, 2011. He explained there were amendments to the agreements with Strand Associates related to the Tipler School Area Detention Basin and the Westfield Street Bridge in the Sawyer Creek Watershed. Regarding the State budget and its impact on the City of Oshkosh, as of March 8, 2011 the budget repair bill projected a savings of $1,085,000.00, however in shared revenue deductions, the City would lose $1,133,000.00, roughly $50,000 more than the projected savings for the shared revenue portion. He explained there were other elements to the Budget Repair Bill that would impact the City, one of them was a $340,000.00 deduction in recycling aid. He stated the issue of deep concern was the expenditure restraint program. In his opinion, according to the Legislative Fiscal Bureau, if the City operated the Transit System as it currently did, and there were no collective bargaining rights for transit workers, the Transit System would be in jeopardy. MOTION: ADJOURN (Palmeri; second, Cummings) CARRIED: VOICE VOTE The meeting Adjourned at 8:33 p.m. PAMELA R. UBRIG CITY CLERK 10