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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday November 28, 2006 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Castle presided.
PRESENT: Council Members Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower,
Shirley Mattox, Meredith Scheuermann 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 McHugh read the Invocation.
The Pledge of Allegiance was led by Larry, Johnnisha, Jessamine and Royion Bush from
Lincoln Elementary School; and, Alex Ovadal from Oshkosh Christian Elementary School.
Public Hearing
The Mayor ordered the following Public Hearings:
Approval of & Authorization to Submit the 2007 Action Plan to Obtain 2007
Community Development Block Grant Entitlement Funds
There were no appearances and the Public Hearing was CLOSED.
Approve Zone Change I 764 and 770 Elmwood Avenue
Council Member Mattox questioned the design.
Martin Kleiber, 111 Wisconsin Avenue, Milwaukee WI, explained the design was an effort to
recognize both modern and traditional styles of architecture.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the November 14, 2006 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $3,706,206.44.
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Proceedings of the Common Council- November 28, 2006
The Report of the City Clerk was read.
Resolution 06-341 Approve Parking Agreement; Adopt Final 2007 Operating Plan-
Downtown Oshkosh Bid
Resolution 06-343 Authorize Participation in Emergency Medical Service Study
Resolution 06-344 Approve Change Order No. 31 Public Works Contract No. 05-051
Concrete Paving - Various Streets (Vinton Construction Co., Decrease,
$120,578.90)
Resolution 06-345 Award Bid 1 Public Works Contract No. 06-141 Water Main Extension
- Ripple Avenue to Marvel Drive (Kruczek Construction Inc., Green
Bay, $129,900.00)
Resolution 06-346 Disallow Claim 1 Langkau
Resolution 06-347 Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-342
(Bain; second, Esslinger)
CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, Mattox, Scheuermann
Castle
Resolution 06-342 Approval of and Authorization to Submit the 2007 Action Plan to Obtain
2007 Community Development Block Grant Entitlement Funds
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (7) McHugh, Bain, Esslinger, Tower, Mattox, Scheuermann
Castle
Council Member McHugh questioned the definition of the Central City area and the established
geographic boundaries. He questioned the work and the time frame involved. He also
questioned the dollar amount allocated for administration and salaries.
Council Member Scheuermann questioned the monies allocated for 2007and the timing for
approval. She questioned if there were remaining funds from 2006. She asked various
questions regarding the process to obtain Community Development Block Grant (CDBG) funds.
Council Member Esslinger questioned where specifically the money would be dispersed and
if the projects required Council approval. He questioned the difference in the dollar amount
noted in the memo versus the line amount listed in the budget. He questioned if the item could
be laid over until the numbers were adjusted.
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Proceedings of the Common Council- November 28, 2006
Council Member Tower explained that $10,000.00 of the monies for administration and salaries
were used for the distribution of the general public services. He questioned if there was a
decrease in the Block Grant Program over the past several years.
Council Member Bain questioned the percentage of CDBG funds that were to benefit low to
moderate income persons.
Jackson Kinney, Community Development Director, Darryn Burich, Director of Planning
Services, and Mr. Wollangk responded.
Action Taken on Ordinances and Resolutions
Ordinance 06-348 Approve Zone Change 1764 & 770 Elmwood Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-349 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-350 Change Council Meeting Date 1 Time in December 2007
FIRST READING; LAID OVER UNDER THE RULES
Resolution 06-351 Adopt 2007 City Budget
MOTION:
CARRIED:
ADOPT (McHugh; second, Scheuermann)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
Council Member Esslinger stated he would not support the budget. He explained that there
were at least $147,000.00 that could have been cut. He stated that the 2007 budget was not
less than the 2006 budget, therefore there were no cuts made to the budget. He explained that
the tax bill for the City of Oshkosh would reflect an increase of 1.5 million dollars.
Mr. Wollangk responded.
Council Member McHugh expressed concerns regarding the final budget. He explained that
Department Administrators had presented preliminary budgets stating they could operate their
departments effectively with the cuts that had been presented and then the Council decided
to add additional monies. He noted concerns with various line items. He explained that he did
not think it was appropriate to charge citizens for services they did not utilize, including the
garbage charge.
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Proceedings of the Common Council- November 28, 2006
Council Member Scheuermann stated she was pleased with the fact that the budget process
was started earlier than past years. She explained that figures had changed through out the
preliminary process and she was happy to be able to make additions at the last budget
workshop. She stated that over-all she was comfortable with the proposed budget.
Mayor Castle stated he would support the budget. He explained that he was in the minority
regarding the issue of a yard waste fee increase, but it was important to realize that it was a
give and take process. He stated that the preliminary workshops were a good exercise and
he urged Council to unanimously support the proposed budget.
Council Member Tower stated he was pleased with the budget process and the end result. He
explained that the process started earlier than in past years, there were preliminary numbers
that were changed throughout the process. He commented on the increased involvement from
both the Council and citizens of the community. He stated there were services that were
provided that all citizens did not utilize, however, it was important to balance all perspectives.
He explained that there were $660,000.00 in fees that were eliminated. He stated there were
a number of factors affecting the budget including inflation and explained he did not agree with
all aspects but would support the budget.
Council Member Bain reiterated comments regarding the earlier start process, more data, and
more involvement. He stated those were goals that were set and accomplished from the 2006
budget process. He stated it was important to look at future improvement to the budget
process and stated possible goals for the 2008 budget could include establishing a budget
committee andlor zero-based budgeting. He explained that approximately 1.1 million dollars
were cut from the 60 million dollar budget. He stated he would support the budget.
Council Member Mattox stated that through the budget process there were a lot of ideas
exchanged and if the all or nothing approach was taken results would not have been
accomplished. She stated she was pleased with the budget process and thanked the City
Manager and department heads for their hard work. She explained that the City of Oshkosh
was the third city in the state to be a "Tree City USA" for 25 years and questioned if a line item
could be added to the Parks budget to include $2,000.00 for trees. She explained there were
over 8 million dollars in trees lost to the storm of 2001.
Mr. Wollangk responded.
Council Member Bain stated he would not support the request for trees at the present time, but
suggested that the Parks Director explore opportunities for publiclprivate partnerships
regarding the park flowers and trees.
Resolution 06-352 Approve 2006 Tax Levy
MOTION: ADOPT (Esslinger; second, Scheuermann)
CARRIED: Ayes (5 Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
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Proceedings of the Common Council- November 28, 2006
Resolution 06-353 Adopt 2006 Tax Rates & Levy
MOTION: ADOPT (Bain; second, Scheuermann)
CARRIED: Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
Council Member Bain stated that the 2006 rate was the lowest tax rate since 1997. He
explained that in 1997 shared revenue was over 27% of the budget and that this budget was
18%. He stated the City only had one mechanism to make up the difference and that was with
property taxes. He explained that tax levies could be cut, which would result in lost services.
Council Member Esslinger stated the avenue for increased revenue mostly resulted In
increased taxes, however there were other alternatives such as controlled spending.
Council Member Tower stated that progress had been made by the transfer of fees into the tax
levy.
Resolution 06-354 Approve 2007 Capital Improvement Program
MOTION: ADOPT (Esslinger; second, Scheuermann)
MOTION: AMEND TO DELETE DOCK PROJECT AND USE THE FUNDS FOR
PROJECTS IN THE 2007 CAPITAL IMPROVEMENT PROGRAM
(Esslinger; second, McHugh)
LOST: Ayes (2) McHugh, Esslinger;
Noes (5) Bain, Tower, Mattox, Scheuermann, Castle
VOTE ON ORIGINAL RESOLUTION:
CARRIED: Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
Council Member Esslinger stated that the dock at Riverside Park was a want not a need and
the money should be included in the Parks 2007 Capitol Improvement Program. He stated that
the 6' incline that currently exists should have been addressed in the initial planning process
of the project. He stated that improved playgrounds and fishing piers would be more beneficial
for the community than the proposed dock. He questioned what opportunities would be
remaining for individuals who desired to fish along the shore.
Council Member Scheuermann questioned what the impact would be. She explained the
merchants would benefit from the docks and expressed concerns with safety issues. She
stated her support for the docks.
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Proceedings of the Common Council- November 28, 2006
Council Member Mattox questioned the docking facilities by Park Plaza Hotel. She questioned
if DNR requirements were met. She stated that the area was a gateway to the community and
the facilities should be provided to allow visitors access to the City. She stated she would
support the docks and they fit with the Comprehensive Plan and the vision for the waterfront
development, and it would generate additional economic support for the City.
Council Member McHugh questioned the number of boats that would be accommodated. He
questioned why the docking facility would be installed before the river walk was established.
He stated that private developers were funding docks on the south side of the river. He noted
various concerns and stated that priorities were lacking in the Capital Improvement Program.
Mr. Kinney responded.
Council Member Bain explained he would not support adding the docks to the 2007 Park
Capital Improvement Program, but would support the idea of utilizing the funds for park
improvements.
Council Member Tower stated his support for the docks. He explained the long term vision of
the area and stated it would be an investment for the future.
Resolution 06-355 Approve Labor Contract 1 Oshkosh Professional Police Association
MOTION:
CARRIED:
ADOPT (Esslinger; second, Scheuermann)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
Council Member Esslinger explained that direct and indirect labor was 87.43% of the operating
budget and reduced labor would result in savings. He stated he would not support the
contract.
Council Member McHugh stated he would support labor contracts similar to the private sector,
but he would not support the proposed contract.
Mayor Castle explained it was important to keep control of negotiations without the aid of
mediation and expressed his support.
Council Member Tower sated that the salary increases were less than comparables, he noted
significant changes in health benefit provisions, which resulted in savings to the City and the
employees. He explained that in the area of health insurance progress was made with the
cooperation of the employees. He stated that arbitration was not the answer, that over-all it
was a good contract and that he would support it.
Council Member Mattox stated her support for the contract. She explained that the City was
in the service business and the employees should be compensated justly. She stated that the
mediation process would not be in the best interest.
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Proceedings of the Common Council- November 28, 2006
Council Member Bain stated that, relating to labor contracts, citizens wanted to see health care
issues comparable to the private sector. He explained that state law dictated that for anything
that unions conceded something of equal value had to be given in exchange. He stated that
concessions had been made and he supported the contract.
Citizen Statements
Gordon Doule, 1225 Summit Avenue, stated various concerns with the community.
Mayor Castle reminded Mr. Doule of the five-minute rule for all speakers addressing the
Council. He cautioned Mr. Doule on his behavior and advised him that continuance of
inappropriate behavior would ban him from future meetings.
Council Member Statements
Mayor Castle announced that he would not seek re-election in April.
Council Member Mattox announced a variety of events available the month of December. Four
historic properties would present "Celebrate the Season". The Oshkosh Public Museum would
be decorated as a Sawyer Edwardian House with holiday events and refreshments. The
Morgan House would display private collections on the theme "Santa Claus Is Coming To
Town". Both Houses would be free to the public on December 2nd and 3rd. December 9th the
Paine Art Center will celebrate its 60th anniversary. The Grand Opera House would have many
performances in December, including a free Community Carol Sing on Sunday, December 1 th
at 6:30 p.m. with a collection for the Salvation Army. The EAA would host the 23rd annual
Christmas in the Air on Monday December 11th from 2:30 p.m.-8:00 p.m. with Santa arriving
by helicopter at 6:00 p.m. The Grand Opera House would have a film series featuring 12 films
and the tickets were $4.00. The Gallery Art Walk would be December 2nd.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk announced that the Senior Center received a Silver Star Award from the
Wisconsin Parks and Recreation Association for the Oshkosh Seniors Triathlon. He stated the
Celebration of Lights had new displays and lights. The fee was $7.00 per car or $5.00 with the
donation of a non-perishable food item. He added that December th, 9th, and 14th would be
free nights. He asked for Council's permission to hold a workshop after the meeting of
December 1 ih regarding water and sewer utility rates. He thanked Council for their diligent
work on the budget process. He explained the tax bills would be mailed the first week of
December.
Attorney Kraft apologized for conduct related to the referendum on the tax levy limit that may
have been less than professional.
MOTION:
CARRIED:
ADJOURN (Bain; second, Esslinger)
VOICE VOTE
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The meeting adjourned at 8:17 p.m.
PAMELA R. UBRIG
CITY CLERK
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