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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday October 10, 2006 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Castle presided.
PRESENT: Council Members Burk Tower, Shirley Mattox, Meredith Scheuermann, Dennis
McHugh, Bryan Bain, Paul Esslinger and William Castle
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Tower read the Invocation.
The Pledge of Allegiance was led by Brittany Lechnir and Kadi Hamer from Merrill Middle
School; and, Noah Bossert and Casey Dunbar from Merrill Elementary School.
A proclamation was presented by Mayor Castle recognizing October 14, 2006 as the "City of
Oshkosh Fire Department 150th Anniversary Day".
Public Hearing
The Mayor ordered the following Public Hearing:
Zone Change I West 1 th Avenue, Between 515 & 536 West 1 th Avenue
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the September 26, 2006 meeting were presented as written with a
correction to the spelling of Council Member Bain's name.
The Report of the City Manager was read.
The bills were presented in the amount of $12,078,139.65.
The Report of the City Clerk was read.
Resolution 06-292 Acceptance of the Revised Oshkosh Transit System Fare Structure
Resolution 06-293 Award Contract for Dial-a-Ride Services & Rural Transportation (Oshkosh
City Cab Company, Various)
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Proceedings of the Common Council- October 10, 2006
Resolution 06-294 Grant Easements; Relinquish Easements; Accept Easements:
A) Atlas Avenue - Grant
B) Winnebago County Park - Relinquish
C) Winnebago County Park - Accept
Resolution 06-295 Grant Conditional Use Permits; Approve Final Planned Developments:
A) Bowen Street, North of 1601 Bowen Street
B) SE Corner STH 91 and STH 44
Council Member McHugh expressed a desire to table the resolution due to the lack of
information necessary to make an informed decision. He expressed concerns relating to
signage, lighting, and storm water management plans. He stated he was not opposed to the
resolution but wanted additional information presented.
Mayor Castle explained that that the Conditional Use was approved based on conditions that
were to be met. He stated it was an appropriate use for the property and he would support it.
Mr. Jackson Kinney, Director of Community Development, responded.
Council Member Tower stated he would vote present due to a potential conflict.
Council Member Mattox explained the role of the Plan Commission.
Council Member Esslinger explained the development could occur if the standards for the
zoning ordinance were met.
Resolution 06-296 Authorize Submittal of Application for 2007 Wisconsin DNR Recycling
Efficiency Incentive Grant
Resolution 06-297 Award Bid 1 Public Works Contract No. 06-081 Washburn Street Concrete
Paving & Utilities (LaLonde Contractors, Inc., Milwaukee, $1,668,597.06)
Resolution 06-298 Award Bid Public Works Contract No. 06-11 1 Various Storm Sewer
Construction (Vinton Construction Co., Manitowoc, $748,398.19)
Resolution 06-299 Disallow Claim 1 Shew
Resolution 06-300 Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-295A
(Esslinger; second, Scheuermann)
CARRIED: Ayes (7) Tower, Mattox, Scheuermann, McHugh, Bain, Esslinger,
Castle
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Proceedings of the Common Council- October 10, 2006
Resolution 06-295A Grant Conditional Use Permits; Approve Final Planned Developments;
A) Bowen Street, North of 1601 Bowen Street
MOTION:
CARRIED:
ADOPT (Bain; second, Esslinger)
Ayes (5) Mattox, Scheuermann, Bain, Esslinger, Castle;
Noes (1) McHugh;
Present (1) Tower
Action Taken on Ordinances and Resolutions
Ordinance 06-301 Approve Traffic Regulations
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (7) Tower, Mattox, Scheuermann, McHugh, Bain, Esslinger,
Castle
Ordinance 06-302 Amend Smoking Regulations
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (4) Tower, Mattox, Bain, Castle;
Noes (3) Scheuermann, McHugh, Esslinger
Council Member McHugh stated he would not support the ordinance because outdoor
smoking should not be prohibited.
Council Member Scheuermann questioned if an ordinance was currently in place that
prohibited smoking outside city buildings and if smoking was allowed in city owned
vehicles. She also questioned the enforcement capabilities and penalties.
Mayor Castle asked if there were problems in the area.
Council Member Tower questioned how well defined the area was.
Mr. Kraft and Mr. Huddleston, Director of Transit responded.
Ordinance 06-303 Zone Change 1 West 1 th Avenue, Between 515 & 539 West 1 th
Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-304 Amend Solid Waste Collection 1 Lakeview Court
FIRST READING; LAID OVER UNDER THE RULES
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Ordinance 06-305 Voluntary Attachment - Farber
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council- October 10, 2006
Citizen Statements
Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community.
Council Member Statements
Council Member Mattox stated that the 6th Annual Earth Charter Summit at UW-Oshkosh would
continue this week through Saturday. She announced that Wednesday evening author David
Korten would be the featured speaker at Reeve Memorial Union and that there would be a
community breakfast Thursday morning. She announced there would be a Sustainability Expo
featuring a clean car show and other energy efficient products. She stated Dr. Stoll would be
speaking on environmental economics Friday morning. She stated that the Grand Opera
House was working with different venues in the community and on Sunday October 15th the
American Players Theater would be presenting "The Trial of the Happy Dagger Company".
She announced that October 22nd the Screen Film Series would begin. She stated that on
October 20th & 21st there would be a performance of "River Pants".
Council Member Esslinger recapped ideas he had discussed at a previous council meeting
regarding the upcoming budget. He explained that he would be meeting with Mr. Wollangk
and/or Mr. Kraft regarding a future charge for the Leach Amphitheater and stated he would
propose an ordinance or resolution to be presented at the meeting of October 24, 2006. He
stated he wanted Council to convene into a closed session regarding city staff. He questioned
the procedure to be followed if a council member(s) thought a non-union staff member should
be disciplined or let go. He asked Mr. Kraft for direction and to provide him a copy of the City
Personnel Policy. He requested an executive session to be held at the next scheduled
meeting to discuss the City Manager. He requested Mayor Castle and Mr. Kraft to meet with
him prior to the closed executive session to establish his intentions.
Mayor Castle questioned if city staff would be attending the closed session meeting. He
questioned if the Council had authority over police and fire department personnel.
Mr. Kraft responded.
Council Member McHugh questioned the proposed executive session. He questioned the cost
of the city health insurance plan. He questioned the 3% exercise cut and asked why all
departments did not reflect a 3% cut. He questioned the Table of Organization in regard to
personnel actions. He questioned if the Common Council approved all fees. He requested
the scheduled Capital Improvement Program Meeting on November 20, 2006 to be changed
to another date.
Mr. Wollangk and Mr. Kraft responded.
Council Member Tower announced that October 18th Ricky VerHoeven would be celebrating
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his 80th Birthday. He stated that Mr. VerHoeven had opened a dance studio in downtown
Oshkosh in 1949 and he noted that the studio was still operating.
Council Member Bain requested that the department schedule for the budget workshop be
published on the City web site.
Proceedings of the Common Council- October 10, 2006
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk explained that the Fire Department web site was updated. He stated that the
preliminary budget was in process. He said he was hopeful on being able to establish the goal
of the Council to restore the public safety positions.
MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE OF THE AFSCME 796, AFSCME
796B, AFSCME 796C, LOCAL NO. 316, I.A.FF., OSHKOSH FIRE
DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL
POLICE OFFICERS ASSOCIATION AND OSHKOSH POLICE
SUPERVISORS ASSOCIATION PURSANT TO SECTION 19.85(1)(c)
OF THE WISCCONSIN STATE STATUTES (Tower; second,
Esslinger)
CARRIED: Ayes (7) Tower, Mattox, Scheuermann, McHugh, Bain, Esslinger,
Castle
MOTION: ADJOURN (Bain; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 7:21 p.m.
PAMELA R. UBRIG
CITY CLERK
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