Loading...
HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday June 12, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh and Frank Tower ALSO PRESENT: Richard Wollangk, City Manager, Angela Joeckel, Deputy City Clerk, Warren Kraft, City Attorney and Steve Gohde, Assistant Director of Public Works Council Member Bain read the Invocation. The Pledge of Allegiance was led by Council Member Bain. A proclamation was presented by Mayor Tower declaring June 15 & 16, 2007 "Forget Me Not Drive Days" in the City of Oshkosh. A proclamation was presented by Mayor Tower declaring June 14, 2007 "Oshkosh Donation Community Blood Drive Day" in the City of Oshkosh. Consent Agenda The minutes of the May 22,2007 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $5,783,891.67. The Report of the City Clerk was read. Resolution 07-153 Accept Funds I Senior Services Division Resolution 07-154 Approve Extraterritorial Preliminary Plat I Quarry Ridge Resolution 07-155 Grant Conditional Use Permits; Approve Final Planned Developments a) 90 Wisconsin Street b) 3911 South Washburn Street Council Member Bain questioned the location for the temporary mobile shower facility. Council Member McHugh questioned if the shower facilities were located in city limits. 1 Proceedings of the Common Council- June 12, 2007 Mr. Wollangk responded. Resolution 07-156 Set Public Hearing Date to Vacate McClone Drive Council Member McHugh questioned the reduction of access points. Mr. Wollangk and Mr. Burich, Director of Planning Services, responded. Resolution 07-157 Approve Change Order No. 3/ Public Works Contract No. 06-08 (LaLonde Contractors, Inc., $48,769.28) Resolution 07-158 Award Bid for Light Duty Trucks for Fire Department, Street Division & Water Distribution (Various, $109,009.00) Resolution 07-159 Set Water Rates Council Member Palmeri questioned the reasons for the water rate increase. He questioned if approval of the resolution the City of Oshkosh would have the highest water rates in the Fox Valley. Ed Nokes, Director of Finance, responded. Council Member King stated that the current water facility had the capacity to produce sixteen million gallons of water a day and the current typical usage pattern was six to seven million. She questioned if it was appropriate to approach Chamco to recruit high volume industrial water users, which would help reduce the per unit cost. She explained that it was important to be pro- active on the development side. She questioned the simplified rate increase process. Mr. Wollangk responded. Council Member Tower explained that lawn watering affected sewage charges and he questioned the usage of deduct meters. He questioned if annual simplified rate increases should be considered. Council Member McHugh questioned the related costs of deduct meters. He explained that the proposed increase was an exorbitant amount to allow for a cushion factor. He explained that he did not understand from the past related Workshop that the Public Service Commission's proposed rate increase had to be supported. Council Member Bain explained that in addition to the loss of local business, advanced technology was a contributing factor to reduced water usage. He questioned the repercussions to the City if the resolution did not pass. He questioned if the 16.9% rate increase could be spread out over two or three years. Mr. Nokes responded. 2 Proceedings of the Common Council- June 12, 2007 Resolution 07-160 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM V OF THE CITY MANAGERS REPORT (DRAGON BOAT RACE & FESTIVAL); AND RESOLUTIONS 07 -155A & 07-159 (Bain; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: DRAGON BOAT RACE & FESTIVAL (ITEM V OF THE CITY MANAGERS REPORT) (Esslinger; second, Tower) CARRIED: Ayes (5) Esslinger, King, Palmeri, McHugh, Mayor Tower; Present (2) Bain, Tower Council Member Bain explained he would vote present due his employer's involvement Resolution 07 -155A Grant Conditional Use Permits; Approve Final Planned Developments (90 Wisconsin Street) MOTION: CARRIED: LAYOVER UNTIL JUNE 26,2007 (Mayor Tower; second, Esslinger) Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Council Member McHugh stated he was concerned with the proliferation of all signs. He explained he would not support the resolution. Council Member Bain explained he would vote present because it involved his employer and because it was his personal financial institution. He questioned if an interpretation from the State Ethics Board had yet been received regarding present votes. Council Member Palmeri questioned if a present vote was required if one was a member of the credit union. He explained that he was also employed by UW-Oshkosh and that he was also a member of the credit union. He explained that he would vote present due to the fact that he was a credit union member. He clarified that the present votes were due to the fact that Council Members had accounts at the credit union and that it was not due to a University conflict. Mr. Kraft responded. Council Member Tower explained that the credit union was a separate entity from the University so it was irrelevant, but due to the fact that he was a member of the credit union he would vote present. Council Member Esslinger explained that he supported the resolution, however if it was not laid over he would vote no to bring it back at the next meeting. Resolution 07-159 Set Water Rates 3 MOTION: CARRIED: LAYOVER UNTIL JUNE 26,2007 (Palmeri; second, McHugh) Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Proceedings of the Common Council- June 12, 2007 Council Member King stated that the City had a history of erring on the side of being frugal and ignoring inflation, which did not prepare for the future. She explained that gradual increases should have been implemented through the years. She explained that the priority should be focused on industrial development that had high water usage because the water capacity was currently under utilized. She explained that looking for future additional sources would be a responsible action. She questioned if the debt service for the water treatment plant was included in the calculation. She stated her support for the resolution. Council Member Palmeri questioned the worst case scenario if the resolution was defeated. He questioned the process for a simplified rate increase. Council Member McHugh stated that the City had planned for the future. He explained that there was a new water plant and costs were lowered with the implementation of high tech equipment. He explained that the City should not need a 16% percent increase because the water department was in good shape. Council Member Bain stated that the full rate increase could not be ignored, however he questioned if it could be spread out over a few years. Council Member Tower questioned inflationary rate increases. Mayor Tower explained that it would be irresponsible to not support the resolution. He directed staff to not bring forward large increases in the future. He explained that the community would be more receptive to more manageable increases. Council Member Palmeri questioned the consequences of delaying the vote. Mr. Wollangk responded. Council Member Esslinger explained he would not support the resolution because he was not convinced that the 16% increase was based upon the cost of doing business. He explained he would support small annual increases. Action Taken on Ordinances and Resolutions Ordinance 07-161 Approve Parking Regulations MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Ordinance 07-162 Approve Traffic Regulations MOTION: ADOPT (Esslinger; second, Bain) 4 MOTION: DIVIDE ORDINANCE 07-162 INTO: ORDINANCE 07-162A - YIELD RIGHT-OF-WAY INTERSECTION 1 DAKOTA STREET; AND ORDINANCE 07-162B - PARKING REGULATIONS CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Proceedings of the Common Council- June 12, 2007 MOTION: ADOPT ORDINANCE 07-162A - YIELD RIGHT-OF-WAY INTERSECTION 1 DAKOTA STREET (Tower; second, King) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: ADOPT ORDINANCE 07-162B - PARKING REGULATIONS (Bain; second, Esslinger) CARRIED: Ayes (6) Bain, Esslinger, King, Palmeri, McHugh, Mayor Tower; Present (1) Tower Council Member Tower explained he would vote present. Ordinance 07-163 Amend Payment Requirements for Licenses & Permits FIRST READING; LAID OVER UNDER THE RULES MOTION: LOST: SUSPEND RULES FOR CONSIDERATION (Esslinger; second, Palmeri) Ayes (4) Esslinger, Palmeri, McHugh, Mayor Tower; Noes (3) Bain, Tower, King (see page 13 for reconsideration) Bob Cornell, 548 Smith Avenue, explained that if the proposed ordinance did not address the issue of unpaid taxes for the future it was not in the best interest of the citizens or the City. Ken Bender, 806 Oak Street, questioned why the lessee's rent could not be paid directly to the City. Council Member Tower questioned when it would be appropriate to discuss the liquor license appeal process. Mayor Tower questioned the appeal process. Council Member Bain questioned the appeal process. Mr. Kraft responded. Ordinance 07-164 Establish Revised Sewer Use Charges FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-165 Approve Combination "Class B" License 5 MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (6) Bain, Tower, King, Palmeri, McHugh, Mayor Tower Noes (1) Esslinger The Deputy Clerk administered the oath to Stephen Cooper and Charles Sullivan. Proceedings of the Common Council- June 12, 2007 Stephen Cooper, 19560 Edmonton Court Brookfield, WI, stated he was the Vice President of Operations for Decades Properties. He explained his involvement with the history of the Pioneer Inn and the issues with the DNR. He explained that they hired PDI (Planning and Design Institute) to determine the best development for the property and RFP, which was a commercial real estate brokerage firm, to seek out other investors for the development of the site. He explained that they had developed a new marina and harbormasters office, which would be completed before next April. He explained that it was important to retain the liquor license. Charles Sullivan, 5962 Spruce Drive Elkhorn, WI, gave a brief history of the Pioneer Inn. He explained that the DNR would not allow them to build on the footprint of building four and that they did not receive a letter from the DNR finalizing the issues until October 2006. He stated that the Fox River Pizza and Buffet, which was still looking for a site, had been closed longer than the Pioneer. He explained that they were actively marketing the site. He explained that the license could possibly be used in the proposed facility and that the ongoing study would determine what type of establishment would be appropriate for the property. Mayor Tower explained he was satisfied with the specific plans that were detailed and hoped there would be substantial development in the next year. Council Member McHugh asked for clarification regarding the removal of building four and the established right-of-way. He questioned the operation of the tiki bar. Council Member Palmeri questioned the size of a possible future restaurant. He explained that the Pioneer was moving in a positive direction and he would support the license renewal. Council Member Bain questioned if the property was listed for sale. He questioned if Decades planned to use the license in the new club. He questioned the class of the license and asked if a restaurant component was necessary for the license. He provided information to the Council that compared the Pioneer property to other local establishments and stated that the lakefront location was a prime location in the state of Wisconsin. He cited examples and time frames of liquor licenses being held without the benefit of an open business. He explained that there was currently a bill being created by the state legislature to address the cap on the issuance of liquor licenses. He stated that to revoke the Pioneer's license would not be consistent with the handling of other facilities in the same situation. He stated his support for the license renewal. Mr. Kraft responded. Council Member Esslinger questioned if the new establishment would qualify for the following scenario; "meals are prepared, served and sold for consumption on the premise and in which 6 the sale of alcoholic beverages accounts for fifty percent or less of the restaurant's gross receipts". He explained that comparing the Granary to the Pioneer was out of line because the Granary was an existing building that could be operative, whereas the Pioneer was currently non existent. He explained that he did not support the license for the Granary Restaurant in the past. He explained that in regard to the Fox River Buffet and Pizza the Supples were established in the community and could be trusted to use their license. He stated he was not convinced that the Pioneer would move forward and the license would be dormant for at least another year. He explained that there were twenty people on a waiting list that could utilize the license. He explained that the proposed legislation could be beneficial to the Pioneer. Proceedings of the Common Council- June 12, 2007 Council Member King explained she was pleased with the information that indicated a business would be established in the next calendar year. She explained that the State legislature needed to understand the issue of local control in intergovernmental issues because the lack of licenses was detrimental to the economy. Council Member Tower explained that it was helpful to receive the additional information from the Decade representatives. He stated his support for the license renewal because it was not inconsistent with past actions, it was vital to economic development, and in the next year the State would decide on the proposed legislative issue. He stated that if the resolution was defeated he would like the license to be held for another major economic opportunity. Resolution 07-166 Direct City Administration to Include North Main Street & Snell Road in the 2007 -2009 Sidewalk Program ($10,694.00) MOTION: ADOPT (King; second, Bain) MOTION: AMEND TO CHANGE DATES TO 2008,2009,2010 WITH THE REMOVAL OF SNELL ROAD (Esslinger; second, McHugh) CARRIED: Ayes (6) Bain, Esslinger, King, Palmeri, McHugh, Mayor Tower Noes (1) Tower Ken Bender, 806 Oak Street, expressed concerns regarding the joint ownership of the property with the City, Township, and County. Robert Cornell, 548 W. Smith Avenue, explained he was pleased with the advanced planning and preparation. Council Member King gave a presentation regarding her proposed resolution, which would add to the future sidewalk priorities for 2007-2009. She explained that Jackson, Main, Bowen and Harrison Streets were all major high density traffic streets and none of them had complete or continuous sidewalks, which meant that the north side of the community was cut off from pedestrians. She explained that there was a trail on the north side of the County Park that was to be completed that offered no pedestrian link to access the City. She explained areas of concern where sidewalks were non existent included a large apartment complex with a high population dense area, a northern subdivision, the industrial park area with a high volume of developmentally disabled employees, a coin operated laundry and thrift stores. She explained that other than the east side of Main Street from Libby Avenue to Snell Road the City of 7 Oshkosh did not have authority over the entire area. She explained that it was important to plan for the future, which would have to involve negotiations with both the Town of Oshkosh and the County. She explained that there was an available line item in the CIP (Capitol Improvement Plan) which was not allocated for a specific use and could be used for additional sidewalk programs. Council Member Bain questioned the trail hook up in relationship to Snell Road. He expressed concerns about the sidewalk having access to the trail. He questioned boundary agreements with the Town of Oshkosh. He questioned future road repairs to Snell Road and Main Street. He explained that he would prefer to review an overall plan for trail access rather than do it piece by piece. He explained that whether the resolution was voted on or not it would also be included in the CIP. Proceedings of the Common Council- June 12, 2007 Mayor Tower questioned how to direct staff to proceed with developing a plan for the 2008 CIP. Mr. Wollangk and Mr. Gohde responded. Council Member Tower explained that it was a good concept however the appropriate time to consider the proposal would be at budget time. He explained it would be better to have all the competing demands on the table at one time rather than addressing them individually. He explained that there were many complexities involved in the issue and they could all be addressed during budget discussion. Council Member Esslinger stated it was a good concept. He explained he would support the development of a master plan for 2008 and 2009 or a three year period of 2008, 2009, 2010. He explained he would also support striking the Snell Road aspect of the resolution. Council Member McHugh explained he would support the resolution with discretion available to the Public Works Division because it was a complicated issue. Council Member Palmeri explained he thought the amendment was reasonable and he would support it. Resolution 07-167 Approve Sidewalk Program MOTION: ADOPT (Bain; second, Esslinger) MOTION: DIVIDE RESOLUTION 07-167 INTO: RESOLUTION 07-167A - MURDOCK AVENUE - NORTH SIDE FROM HARRISON STREET TO BOWEN STREET, WESTOWNE AVENUE - BOTH SIDES FROM WESTHAVEN DRIVE TO WASHBURN STREET, 941 NORTH LARK STREET - ON VAN BUREN AVENUE; AND, RESOLUTION 07-167B - RIVER MILL ROAD - BOTH SIDES NORTH OF ARBORETUM DRIVE (Mayor Tower; second, King) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: ADOPT RESOLUTION 07-167A (Mayor Tower; second, King) 8 CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: LOST: AMEND TO DIRECT STAFF TO INCLUDE RIVER MILL ROAD IN THE 2008-2010 CIP (Mayor Bain; second, Tower) Ayes (3) Bain, Tower, King; Noes (4) Esslinger, Palmeri, McHugh, Mayor Tower MOTION: CARRIED: ADOPT RESOLUTION 07-167B (Bain; second, Esslinger) Ayes (4) Esslinger, Palmeri, McHugh, Mayor Tower; Noes (3) Bain, Tower, King Proceedings of the Common Council- June 12, 2007 The following residents were opposed to the proposed sidewalks on River Mill Road: Gloria Kiser, 1740 River Mill Road Tim Young, 1661 River Mill Road Carston Larson, 1675 River Mill Road Jim Kiser, 1740 River Mill Road Kevin Drexler, 1619 River Mill Road Rose Collier, 1695 River Mill Road Donald Wolter, 1782 River Mill Road Bob Cornell, 548 W. Smith Avenue Lynne Slat, 1797 River Mill Road Paul Jansen, 1734 River Mill Road Steve Barney, 1260 Elmwood Avenue, stated his concerns with sidewalks for River Mill Road. Ken Bender, 806 Oak Street, explained that sidewalks were important for safety reasons. Tom Muza, 10304 Cedar Road, Freemont, stated sidewalks were safety issues. He suggested deleting the River Mill sidewalks and instead installing sidewalks in the area of Bowen, Harrison and Murdock Streets. Michelle Monte, 1251 Wheatfield Way, explained that sidewalks were important for safety reasons. The Council took a break at 9:07 p.m. and resumed at 9:17 p.m. Robert Gluth, 1628 River Mill Road, explained he would like the sidewalks for River Mill Road pulled out of this resolution and included in a future resolution regarding the trailways. Council Member Bain asked for clarification on the location of the sidewalks on Murdock Avenue. 9 Mr. Wollangk and Mayor Tower responded. Council Member McHugh stated that the ordinance required sidewalks for River Mill Road. He explained that the ordinance should be adhered to or changed. He questioned the responsibility of the Council to follow the sidewalk ordinance. Attorney Kraft responded. Council Member King explained that the resolution for River Mill Road should be postponed. She explained that the safety hazard with the WIOUWASH Trail crossing at Congress Street, She stated her belief that sidewalks were only necessary on one side of Arboretum Drive and she explained that a bicycle lane could be considered. She explained that sidewalks should be installed on a priority basis and that Jackson, Bowen and Main Streets were all high traffic areas versus the River Mill area. Proceedings of the Common Council- June 12, 2007 Council Member Palmeri explained that cars, pedestrians and bicyclists all relied on the same path to travel on River Mill Road and that presented a safety issue. He explained that from 1977 -1986 the installation of sidewalks was determined by the City Council. He explained that River Mill Road was platted in 1985, homes were built in 1987-1991 at which time a new ordinance was in place mandating sidewalks for all subdivisions. He explained that residents from an earlier meeting this year had questioned why they were required to have sidewalks in their neighborhood when sidewalks were not required in the River Mill neighborhood. He explained that he supported a complete street concept, where every street should be accessible for automobiles, bicyclists and walkers. He explained he did not see a rationale for supporting a delay and stated his support for the resolution. He questioned if directing Staff to include the sidewalks for the River Mill area could result in the sidewalks being removed from the CIP. Council Member Tower explained that at the time of budget discussions the Council should be determining criteria and setting priorities. He said he did not consider it a priority and would not support the sidewalks for River Mill Road at this point in time. Council Member Bain stated he was not opposed to sidewalks in the River Mill area. He explained that sidewalks in the inner circle might not be necessary. He explained a desire to view the issue more comprehensively in the CIP. He explained it was important to have all the trail ways considered at the same time. Mayor Tower explained that he would support the resolution if it was in the 2007-2008 CIP but not if it was in the time frame of 2008-2010. Resolution 07-168 Grant Easement 1 West Side 400 Block North Main MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (5) Bain, Esslinger, Tower, Palmeri, McHugh; Present (2) King, Mayor Tower Mayor Tower explained he would vote present due to his employer's involvement. 10 Resolution 07-169 Authorize Borrowing; Approve Fund Transfer; Approve Reimbursement: ($880,500.00) a) 707 South Main Street b) 508 West 4th Avenue MOTION: ADOPT (Bain; second, Esslinger) MOTION: DIVIDE RESOLUTION 07-169 INTO: RESOLUTION 07-169A - 707 SOUTH MAIN STREET; AND RESOLUTION 07-169B - 508 WEST 4TH AVENUE (McHugh; second Mayor Tower) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: ADOPT RESOLUTION 07-169A - 707 SOUTH MAIN STREET (Esslinger; second, Bain) CARRIED: Ayes (4) Bain, Tower, King, Mayor Tower; Noes (3) Esslinger, Palmeri, McHugh Proceedings of the Common Council- June 12, 2007 MOTION: ADOPT RESOLUTION 07-169B - 508 WEST 4TH AVENUE (Esslinger; second, Bain) CARRIED: Ayes (5) Bain, Tower, King, McHugh, Mayor Tower; Noes (2) Esslinger, Palmeri Council Member Palmeri asked for clarification on the proposal. He questioned if the buildings would be razed. Council Member McHugh questioned why the City would pay more for the properties than they were assessed at. He questioned why the City would purchase the buildings when they could still be receiving tax revenue from the owners. He questioned the wording related to remediation issues. He explained that he would support the resolution for 508 West 4th Avenue because the City was currently paying $50,000.00 annual rent and it would not require a future purchase that would include relocation costs. Council Member Tower questioned if it was a package deal. He explained it was a good investment because there were no relocation costs involved and it was important to future development. Council Member Esslinger questioned the monies involved from the RDA (Redevelopment Authority). He stated he would not support the resolution. He explained that the properties would be removed from the tax roll for a number of years at a loss to the City. He questioned if the City would be responsible for razing the buildings. He explained he did not approve of the excessive purchase price. Mr. Kinney, Director of Community Development, responded. Council Member Bain questioned the borrowing of the State Trust Fund. 11 Mr. Wollangk responded. Mayor Tower explained that the 203 Jackson Street property was not included in the resolution. Council Member Palmeri explained he would not support the resolution because he did not have confidence in the development objectives. Citizen Statements Ken Bender, 806 Oak Street, complimented the Council and expressed concerns related to park Issues. Richard Werner, 1065 Ardmore Trail, expressed concerns with signs being removed advertising the sale of his refurbished toys. Mayor Tower explained he would contact Mr. Werner when he obtained more information on the subject. Proceedings of the Common Council- June 12, 2007 Council Member Statements Council Member Bain noted he would have a follow up to the Fifth Tuesday Forum by June 26th. He announced that on June 1 st - 4th the University hosted the NACURH Conference, which was the largest student leader conference in the world. He explained that many of the students volunteered throughout the City and had a positive impact on the community. He questioned if Council followed the rules regarding the ordinance on the Pioneer license. He questioned why discussion was not allowed on waiving of the rules on ordinance 07-163. He questioned if the rent for Cranky Pat's could be paid to the City to address the unpaid tax issue. He questioned if there was any other feasible way besides the proposed ordinance to resolve the situation regarding payment requirements for liquor licenses. Council Member Palmeri questioned the procedure for the Cranky Pat's issue. He noted that Mr. Nokes decision applied the law as written and he questioned how the Council could do anything different. He explained that the ordinance that was brought forward by Council Members Esslinger and McHugh appeared to be the only hope for Cranky Pats and Kodiak Jacks. He questioned if the City should be focused on the applicant more so than the premises. He questioned if there were plans for a bike lane on the Highway 21 project. He questioned how new Boards and Commissions would be created. Mayor Tower and Mr. Kraft responded. Mr. Wollangk and Mr. Gohde responded. Council Member Esslinger questioned if the Council was bound to follow the law. He explained that he was not prepared to knowingly break the law. He questioned the procedure for appeal denial. He questioned if the Council could bring back the proposal that was defeated earlier. 12 He explained that the City would receive the owner's unpaid taxes through the County, which in turn could foreclose on the property after a period of three years. Mayor Tower explained that the Council voted to not waive the rules so the ordinance would come forward at the next Council meeting. He explained there could be discussion now or at the workshop and he explained a special meeting could be called. He explained that the consequences of breaking the rules would result in future challenges. He explained that the appeals process was only to be utilized if City Staff had made an error. He questioned if Kodiak Jack's had gone through the process for an appeal. He questioned if the ordinance was created with the assistance of Mr. Kraft. He explained that there was a request from the Water Department to hold a workshop on July 24th. Mr. Kraft responded. Mr. Wollangk apologized to Council Member Tower on the direction he gave him earlier in the day, which was that the Council had the power and the authority to make a decision contrary to that of the Finance Director. Council Member Tower explained that he understood that it was an appeals process where the Council could make an independent decision in line with an appeal similar to when they waive a bid that is contrary to their established rules. Proceedings of the Common Council- June 12, 2007 Mr. Wollangk responded. Council Member King stated that a Council Member who had voted on the prevailing side could make a motion to reconsider the earlier failed ordinance (07-163). She questioned the agreement between the license holder and the premises. She waived her comments on public endowments to the next meeting. Mr. Kraft responded. Ordinance 07-163 Amend Payment Requirements for Licenses & Permits MOTION: CARRIED: RECONSIDERED SUSPENDING THE RULES (King; second, McHugh) Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Esslinger; second, King) Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: CARRIED: ADOPT (Esslinger; second, McHugh) Ayes (6) Bain, Esslinger, Tower, Palmeri, McHugh, Mayor Tower Present (1) King Council Member McHugh urged Council to resolve the issue as soon as possible explaining that the businesses and their employees were deeply affected. He questioned if notices had been sent to the affected businesses explaining the appeal process. Mr. Wollangk responded. 13 Whatever Else is Pertinent or for the Good of the City Mr. Wollangk announced that a State of the City Address was scheduled for June 25th at 7:00 p. m. at City Hall in room 406. He explained that Mr. Werner had never contacted him and he clarified that the Farmer's Market was not a City event. He explained that non-profit organizations were allowed to post off-premises signage. Mayor Tower questioned if the Council would like to have a taxpayer/shareholder, or town hall type meeting following the State of the City Address or if it should be scheduled for another time. MOTION: CARRIED: ADJOURN (Mayor Tower; second, Esslinger) VOICE VOTE The meeting adjourned at 11 :08 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 14