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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday August 22, 2006 at 6:00 p.m. in the Council Chambers, City Hall. Deputy Mayor Tower presided. PRESENT: Council Members, Dennis McHugh, Bryan Bain, Paul Esslinger, Shirley Mattox, Meredith Scheuermann, and Burk Tower EXCUSED: William Castle ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member McHugh read the Invocation. The Pledge of Allegiance was led by Council Member McHugh. Public Hearing The Deputy Mayor ordered the following Public Hearing: Approve Final Resolution 12006 Sealcoating Larry Jost, 523 W. 4th Avenue, expressed his concerns regarding repeated assessments on his street when there were other streets in need of repair. Michael Nowland, 1414 W. 3rd Avenue, questioned the results of the petition that had been filed. Greg (last name unknown), 508 Reichow Street, expressed his opposition to the sealcoating. Darrell Hawkins, 1513 Roosevelt Avenue, stated his opposition to the project. There were no other appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the August 8,2006 meetings were presented as written. The Report of the City Manager was read. Council Member Bain questioned the days listed in request number 5 of the City Manager's 1 Report. Proceedings of the Common Council- August 22, 2006 Mr. Wollangk responded. The bills were presented in the amount of $11 ,569,625.06. The Report of the City Clerk was read. Resolution 06-257 Approve & Execute Relocation Order; Determination of Necessity to Acquire Property; Authorize Acquisition; Accept Easements; Dedicate Street Right-of-Way I Ohio Street - Wisconsin Street Bridge to W. South Park Avenue Council Member McHugh questioned why the Council would authorize acquisition of the property prior to knowing the cost of the property and he questioned the age of the utilities on Ohio Street. Council Member Mattox asked if funding was available for the project. Mr. Patek responded. Resolution 06-258 Grant Conditional Use Permits: (A) 910 W. South Park Avenue (B) S. Oakwood Road Resolution 06-259 Approve Final Resolution 12006 Sealcoating Council Member Bain explained the sealcoating was a maintenance project and asked related questions. He questioned staff's recommendation on the project. He also questioned the issue of excess oil on Roosevelt Avenue. Council Member Scheuermann questioned if the streets that were completed in the time frame between 1998 and 1999 would be sealcoated in 2006. She also questioned the average cost to property owners and if the residents were made aware of the fact that there would be maintenance costs associated with asphalt streets. She also questioned why signage for the streets were posted before the work was approved by Council. Mr. Patek responded. Deputy Mayor Tower noted a correction of rates that were incorrectly stated in the resolution. He stated that it would be helpful for the public to know in advance that there would be maintenance costs associated with asphalt streets and he also stated that it would be beneficial to have Council act on the resolutions at an earlier time prior to the actual work commencing. Resolution 06-260 Award Bid Roof Repairs I Central Garage 2 Resolution 06-261 Approve Leach Amphitheater Amendment Resolution 06-262 Disallow Claim I Anderson Proceedings of the Common Council- August 22, 2006 Resolution 06-263 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA (Esslinger; second, McHugh) MOTION: AMEND RESOLUTION 06-259 TO REFLECT RATES OF $.80, $1.30, $1.60 (McHugh; second, Scheuermann) CARRIED: Ayes (6) McHugh, Bain, Esslinger, Mattox, Scheuermann, Tower VOTE ON AMENDED CONSENT AGENDA CARRIED: Ayes (6) McHugh, Bain, Esslinger, Mattox, Scheuermann, Tower Public Agenda Discussion: Resolution 06-265 Set Charter Referendum I Mayor Veto Power Mark Manske, 1453 Witzel Avenue, stated his opposition to the proposed mayor veto power. William Manske, 927 Brookwood Court, expressed his opposition to the proposed referendum. Eugene Sonnleitner, 1218 Jackson Street, stated various situations that the proposed mayor veto power would have on the community. Action Taken on Ordinances and Resolutions Ordinance 06-264 Amend Regulations Weed Cutting I Lawn Care MOTION: CARRIED: ADOPT (Esslinger; second McHugh) Ayes (6) McHugh, Bain, Esslinger, Mattox, Scheuermann, Tower Resolution 06-265 Set Charter Referendum I Mayor Veto Power MOTION: LOST: ADOPT (Esslinger; second, McHugh) Ayes (2) McHugh, Esslinger; Noes (4) Bain, Mattox, Scheuermann, Tower Council Member McHugh stated that the proposal was essential to regain the lack of confidence between citizens, the Common Council and City Administrators. Council Member Scheuermann questioned who was responsible for the text on ballots. Ms. Lorenson responded. Council Member Esslinger stated that the Council was not to debate the issue of the proposed 3 mayor veto power. He explained that the Council was responsible for passing the item along to a referendum for the public to decide on the issue. Proceedings of the Common Council- August 22, 2006 Council Member Bain expressed his concern with the proposed mayor veto power. He stated he was not aware of any legislative branches of government having veto power. He added that change could be achieved by working within the current system, changing the current leadership, or changing the City form of government. He stated he would not support the proposed referendum. Council Member Mattox stated she was elected to the Council as one of seven members who were all equal. She stated that it was for the public to decide if the government should be changed and she would not support the proposed mayor veto power. Deputy Mayor Tower explained that the Council would not be voting on the issue, they would be voting on whether it would be a referendum for the citizens to vote on. He stated that the proposal would not be beneficial in moving government forward at this time. Citizen Statements Larry Jost, 523 W. 4th Avenue, stated his concerns with various street repairs. Gordon Doule, 1225 Summit Avenue, expressed his concerns on city and federal government. Eugene Sonnleitner, 1218 Jackson Street, informed the Council and citizens on the new Veterans Museum. Dave Fenrich, 19 W. 14th Avenue, expressed his concerns with the garbage fee. Council Member Statements Council Member Esslinger stated his desire to reconsider the sale of the property on the SE corner of Algoma Boulevard and Murdock Avenue. Resolution 06-250 Reconsidered Authorize Disposition Of Surplus Property I Southeast Corner Algoma Boulevard And West Murdock Avenue MOTION: CARRIED: Reconsider (Esslinger; second McHugh) Ayes (6) McHugh, Bain, Esslinger, Mattox, Scheuermann, Tower MOTION: CARRIED: Adopt (Bain, second Esslinger) Ayes (5) McHugh, Bain, Mattox, Scheuermann, Tower Noes (1) Esslinger Council Member McHugh stated his concerns with the information received on the sale of the property regarding the fair market value and that the resolution documentation contained no 4 cost figures. He questioned if the seller does not usually remediate the property and asked the current fair market value of the property. Proceedings of the Common Council- August 22, 2006 Council Member Bain asked for clarification on the voting process. He questioned if information relating to the basic elements of transactions would be included in the future. He stated that a policy for selling city property should be created. He also expressed his concern that the reconsideration was brought forth in Council Member Statements rather than listed as a reconsidered resolution. Council Member Mattox questioned why the resolution was being reconsidered. She questioned if there had been any funding associated with the project. She explained that the Planning Commission had considered it a good proposal, but added that she thought it would had been helpful to have additional information at the onset. She asked for clarification on the voting process. Council Member Esslinger stated several reasons for the reconsideration. He stated his concern was that the City did not receive the best deal for the property and stated the City needs a policy relating to such issues. Deputy Mayor Tower questioned if there were legal ramifications for approving a sale and then reconsidering the sale. He asked for an explanation of what transpired with the sale of the property. He stated his concerns in regard to not having complete information and the desire for a better process. Council Member Scheuermann asked how often the City sells parcels of land and stated her concerns about not being proactive in establishing selling prices. She stated that the placement of the reconsideration on the agenda was awkward. Mr. Wollangk, Mr. Patek, and Mr. Kinney, Director of Community Development, responded. Council Member McHugh questioned the proximity of several parks in the same neighborhoods and asked if there were requests for additional parks. He stated he would support a productivity study. He asked various questions relating to the garbage fee and the process involved for properties to be changed from duplex status to single family status. Council Member Scheuermann questioned if the Council voted on the playground equipment for Mary Jewell Park and the location for future parks. She asked various questions related to the garbage fee, along with why penalties or fines were not assessed for unpaid bills. Mr. Patek and Mr. Stephany, Park's Director, responded. Council Member Bain reviewed the City Manager goals and the productivity assessment. He stated he would like to see an independent productivity audit and would like information on the costs and time frame associated with the project. It was decided that specific guidance would 5 be obtained from a meeting with Council Members Bain and Esslinger and the City Manager. He congratulated the Otter Street Fishing Club for their successful children's event. He also informed the community there would be a "Fifth Tuesday Forum" on August 29th at 6:00 p.m. at the Senior Center in the Willows Room. Proceedings of the Common Council- August 22, 2006 Council Member Esslinger expressed his support for a productivity study. He questioned if the City was proposing a fire pit fee. He updated the Council on the liquor license concerns. He also had various questions relating to the garbage fee. Mr. Wollangk responded. Deputy Mayor Tower questioned if the productivity study would be broad based or based on individual departments. He explained that calls relating to the garbage fees were to be directed to the Public Works Department. Council Member Mattox explained that in regard to the garbage fee it was important for the City Assessors to be able to access residences to determine the status of the property. She noted that Friday, August 25th Erin Boheme, an Oshkosh native, would kick off her European Tour at the Grand Opera House. She announced that the Downtown Gallery Art Walk on September 3rd would be the opening of the 5th Annual Art 100 exhibit and that the exhibit would end October tho She stated Herb Kohl presented a $150,000 grant to the Living Healthy Community Clinic located in Oshkosh. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk stated that pictures of barns in Winnebago County had been digitized by the Oshkosh Public Library and were highlighted as a featured collection for August by a national recognized firm that deals with digital pictures. He announced the 1 st Annual Lake Fly Fun Run & Walk event would occur Saturday September 9th. He reminded the Council that the next Council Meeting would be Wednesday September 13th, due to the Primary Election being held on Tuesday September 1 ih and there would also be workshop for budget discussions. Closed Session: MOTION: DISCUSS THE STATUS PRESENT AND PERSPECTIVE OF THE AFSCME 796, AFSCME 796B, 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; AND, TO DISCUSS NEGOTIATION AND STRATEGY FOR THE LAND ACQUISITION REGARDING WASHBURN STREET IMPROVEMNET AND REALIGNMENT PURSUANT TO SECTION 19.85(1 )(e) OF THE WISCONSIN STATE 6 STATUTES. (Esslinger; second, Bain) CARRIED: Ayes (6) McHugh, Bain, Esslinger, Mattox, Scheuermann, Tower MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 8:55 p.m. PAMELA R. UBRIG CITY CLERK 7