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HomeMy WebLinkAboutMinutes ~ OfHKOJH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Tuesday June 26, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain, and Frank Tower ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member Esslinger read the Invocation. The Pledge of Allegiance was led by Council Member Esslinger. Consent Agenda The minutes of the June 12, 2007 meeting were approved as corrected. The Report of the City Manager was read. The bills were presented in the amount of $8,746,652.94. The Report of the City Clerk was read. Resolution 07-170 Grant Privilege in Street / Knapp Street & Poberezny Road Resolution 07-171 Grant Easement; Approve Driveway Agreements / Universal Business Park, State Road 91 Resolution 07-172 Grant Conditional Use Permit /3126 County Trunk K (W 20th Ave) (Town of Algoma) Council Member Palmeri questioned the annexation/attachment of the property. He questioned the tax-exempt status of the property. He explained that his comments were not against the Church. He expressed concerns with tax exempt property that received city services. He also explained that the area was envisioned in the comprehensive plan as being residential development. Council Member McHugh questioned the utility status. He questioned who was responsible 1 for police and fire protection. Proceedings of the Common Council- June 26, 2007 Mr. Wollangk and Mr. Patek responded. Council Member King explained that the annexation/attachment of property related to volume increase for water usage. She stated her support for churches in residential areas. She explained that the City of Milwaukee passed an ordinance to send ceremonial tax bills to tax- exempt properties and she explained that some of those properties considered it a mechanism of good will to submit non-obligated payments. She stated her support for the resolution. Resolution 07-173 Amend Conditional Use Permit; Approve Revised Planned Development - Hazel Street / Oak Street / Parkway Avenue - 1120 East Parkway Avenue Council Member Tower requested an explanation for the purpose of the resolution. He explained it was important for the project to move forward and he stated his support for the resolution. Council Member Palmeri questioned the ownership of the property. He questioned if the property taxes on 100 N. Main Street had been paid. He suggested an amendment that would demonstrate to the community that the Council was serious in regard to those that were behind on their taxes Council Member McHugh questioned Mr. Ganther's ownership of the property. Mr. Wollangk and Mr. Kinney responded. Council Member Esslinger explained that eliminating Mr. Ganther from the project could possibly enhance his ability to pay the taxes. He explained his second on the motion was to allow discussion on the issue, but he did not support the amended resolution. Resolution 07-174 Award Bid for Repair & Purchase of Equipment for Refrigeration Units at Grand Opera House (Various, $71,340.00) Council Member King explained that she served on the Board of Directors for the Grand Opera House Foundation and she would vote present. Resolution 07-175 Approve & Submit Compliance Maintenance Annual Report / Wastewater Treatment Plant Council Member McHugh asked various questions related to the Compliance Maintenance Annual Report. Mr. Wollangk and Mr. Patek responded. 2 Council Member King stated she was impressed with the Compliance Maintenance Annual Report and asked various questions. Proceedings of the Common Council- June 26, 2007 Mr. Patek, John Mayer, Utility Rate Consultant, and Steve Brand, Superintendent of Utilities, responded. Council Member Palmeri questioned if an overflow emergency response plan existed. Council Member McHugh questioned the capacity of the Wastewater Plant and how it related to growth potential. Mr. Mayer responded. Resolution 07-176 Approve Initial Resolution / Hot Mix Asphalt - Various Projects Resolution 07-177 Disallow Claim / Murphy Resolution 07-178 Disallow Claim / Acuity Council Member McHugh questioned why there were two claims for the same address. He questioned the claim process. Council Member Tower explained that he had previously requested a report related to the special claim process and claims that had been submitted to the City. Mr. Wollangk, Ms. Ubrig, and Ms. Lorenson, responded. Resolution 07-179 Disallow Claim / Russell Resolution 07-180 Approve Miscellaneous Licenses Joe Berger, 910 Cozy Lane, explained he did not think the smoking ordinance should apply to his new business. Ms. Lorenson responded. Council Member Tower questioned the ordinance. Council Member King questioned the activity of the business. Ms. Ubrig explained the license that was held by Mr. Berger. Council Member Esslinger questioned what measures could be taken to address the situation. 3 Mayor Tower explained that the ordinance would have to be changed. Mr. Wollangk responded. Proceedings of the Common Council- June 26, 2007 MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-172, 07-173; AND 07-174 (Esslinger; second, Bain) CARRIED: Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Resolution 07-172 Grant Conditional Use Permit /3126County Trunk K (W 20th Ave) MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (6) Esslinger, Tower, King, McHugh, Bain, Mayor Tower; Noes (1) Palmeri Resolution 07-173 Amend Conditional Use Permit; Approve Revised Planned Development - Hazel Street / Oak Street / Parkway Avenue - 1120 East Parkway Avenue MOTION: ADOPT (Esslinger; second, Bain) MOTION: AMEND HOLD OFF APPROVING UNTIL TAXES AT 100 N. MAIN STREET ARE PAID (Palmeri; second, Esslinger) LOST: Ayes (1) Palmeri; Noes (5) Esslinger, Tower, McHugh, Bain, Mayor Tower; Present (1) King VOTE ON MOTION TO ADOPT: CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower; Present (1) King Resolution 07-174 Award Bid for Repair & Purchase of Equipment for Refrigeration Units at Grand Opera House (Various, $71,340.00) MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (6) Esslinger, Tower, Palmeri, McHugh, Bain, Mayor Tower; Present (1) King Action Taken on Ordinances and Resolutions Ordinance 07-181 Sewer Use Charges MOTION: ADOPT (Esslinger; second, Bain) 4 CARRIED: Ayes (5) Esslinger, Tower, King, Bain, Mayor Tower; Noes (2) Palmeri, McHugh Robert Gluth, 1628 River Mill Road, explained that his comments also related to the water rates. He questioned if the water bills could be lessened by reducing the sewer rates. He questioned if water rates could be removed from control of the Public Service Commission. He explained that citizens were expecting creative solutions for rate increases. Proceedings of the Common Council- June 26, 2007 Mayor Tower explained that monies could not be transferred from the operating budget to supplement sewer rate increases. He questioned why there was a State Public Service Commission regulation on water and not on sewer. Mr. Mayer responded. Council Member McHugh asked for clarification on utility entities. He questioned the amount of revenue that would be generated with an increase of 19.8%. He explained that citizens understood and accepted a rate increase but the percentage was too high. He explained that because there had been other options he would not support the resolution. Council Member Bain questioned the summer billing rate. He questioned the possibility of delaying the rate increase by an additional quarter. He explained that the City was currently too far behind to not accept the reality of the economic situation. He explained that by accepting the large percent increase this year a lesson would be learned to accept smaller annual percent increases in the future. He explained his support for the resolution. Mr. Wollangk responded. Council Member King asked various questions related to imported waste from holding and septic tanks. She explained that the public expected small incremental increases. She explained that at this point she was obligated to support the resolution. She explained that under the water resolution she would propose a policy amendment to address the issue for both water and sewer rates. Council Member Palmeri explained that according to the Compliance Maintenance Annual Report the City was doing very well and he did not understand the justification for an 18% rate increase. He questioned Mr. Mayer's recommendation for a 24% increase. He explained that it was reasonable to expect alternative options to address the issue so he would not support the resolution. Mr. Mayer and Steve Brand, Superintendent of Utilities, responded. Council Member Esslinger questioned the past actions of the City that contributed to the large debt. He questioned why the City did not establish smaller annual increases. Mr. Wollangk, Mr. Patek and Mr. Brand responded. 5 Council Member Tower explained that the Council had the responsibility to deal with the current economic situation. He explained that in the future the City needed to look for ways to increase usage. Proceedings of the Common Council- June 26, 2007 Resolution 07-182 Grant Conditional Use Permits; Approve Final Planned Development / 90 Wisconsin Street MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (5) Esslinger, Tower, Palmeri, Bain, Mayor Tower; Noes (1) McHugh; Present (1) King Council Member Tower explained that the item had been laid over from the previous meeting to allow time for an interpretation from the State Ethics Board as to when a "present "vote would be appropriate. He explained he would vote on the item because there would not be a significant impact on the Credit Union or on himself and no family member was a director or a manager of the Credit Union. He explained that it was important for items to be voted on and for decisions to be made. Council Member McHugh explained that he was opposed to the proliferation of signs and that he would not support the resolution. Council Member King explained she would vote present due to her employer's involvement with the credit union. Resolution 07-183 Set Water Rates MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND TO INCLUDE WHEREAS, THE COMMON COUNCIL RECEIVED A REVIEW OF ITS WATER AND SEWER UTILITY RATE IN DECEMBER OF 2006 FROM UTILITY RATE CONSULTANT JOHN A. MAYER; AND WHEREAS, THE 15.3% WATER RATE INCREASE PROPOSED BY THE CONSULTANT MAY CAUSE HARDSHIP TO THE RESIDENTS OF THE CITY OF OSHKOSH; AND WHEREAS, THIS SAID REPORT ACKNOWLEDGES A DECREASE OF INDUSTRIAL WATER REVENUE OF 28% AND DECREASE OF INDUSTRIAL SEWER REVENUES OF 45%; BE IT FURTHER RESOLVED THAT THE COMMON COUNCIL OF THE CITY OF OSHKOSH DIRECT CITY ADMINISTRATION TO REVIEW THE WATER AND SEWER RATE ANNUALLY TO DETERMINE IF RATE INCREASES SHOULD BE IMPLEMEMTNED IN ORDER TO 6 AVOID RATE INCREASES ABOVE 5% IN ANY GIVEN YEAR. BE IT FURTHER RESOLVED BY THE COMMON COUNCIL OF THE CITY OF OSHKOSH THAT THE COMMON COUNCIL DIRECT THE CITY MANAGER TO REPORT FINDINGS ON PROGRESS TO EXPAND INDUSTRIAL AND RESIDENTIAL WATER USE OF THE WATER UTILITY TO BE PRESENTED TO THE COUNCIL IN JUNE 2008. (~ng; second, Mayor Towe0 CARRIED: Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Proceedings of the Common Council- June 26, 2007 VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (5) Esslinger, Tower, King, Bain, Mayor Tower; Noes (2) Palmeri, McHugh Ken Bender, 806 Oak Street, explained his opposition to the resolution. He explained that poor decisions were made in the past and he explained that small adjustments should be made more often. Ray Grable, 1940 Iowa Street, explained that water rates should be charged the same across the board. He explained that the property owners should pay for the installation of utilities. Robert Gluth, 1628 River Mill Road, explained that it was important to keep the infrastructure in good condition to attract businesses. Council Member King offered an amendment to the proposed resolution. She stated that after review of the reports it was obvious that it was necessary for City Administration to change the policy related to water and sewer rate increases. She explained it was important to increase the available usage capacity of the water plant by recruiting high volume water using, low polluting industries. She stated appreciation for support of the amendment and explained that it gave direction to City Administration on future rate reviews and it also gave direction relating to economic development. Council Member McHugh questioned the amendment. He questioned if the Council was able to review utilities during the CIP (Capital Improvement Plan) Budget or the Operating Budget. Mr. Wollangk and Mr. Patek responded. Council Member Tower questioned the procedure. Council Member Bain questioned the utility revenue increases. Council Member Esslinger asked Mr. Wollangk to respond to Mr. Grable's comments. He questioned the usage of volume rates. He questioned how a uniform rate could be established. Mr. Wollangk and Mr. Mayer responded. 7 Council Member Palmeri explained that the rate increase was already set and the only action required of the Council was to rubber stamp the resolution. He cited from Chapter 28-2 of the Oshkosh Municipal Code. He also cited from Chapter 196 of the Wisconsin State Statutes. He explained he would vote no to the resolution on principle. Mayor Tower questioned who the contact person would be to establish a uniform rate structure. Mr. Mayer responded. Proceedings of the Common Council- June 26, 2007 The Council took a break at 8:25 p.m. and resumed at 8:32 p.m. Resolution 07-184 Grant Privilege in Street / Pearl Avenue; High Avenue; Algoma Boulevard MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Resolution 07-185 Support Local Control of "Class B" Intoxicating Liquor License Authority MOTION: CARRIED: ADOPT (Esslinger; second, King) Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Council Member King explained she was pleased to initiate the process with Council Member Esslinger and was glad to see that other Council Members were concerned about advocating for the issues of local control of the municipality. Council Member Esslinger thanked Council Member King and the City Legal Department for assistance with the resolution. He explained that local municipalities should have control over liquor licenses. Citizen Statements Ken Bender, 806 Oak Street, apologized to Council Member King regarding statements he previously made relating to sidewalks on North Main Street. He commented on the relationship between the Town of Oshkosh, the County and the City working effectively together to address safety issues. Alan Johnson, 544A Monroe Street, expressed concerns on delinquent taxes and the withholding of liquor licenses. He commented on the possibility of tenant monies going toward the payment of taxes and referred to Section 74.73 of the Wisconsin State Statutes. 8 Lauren Joy, representative of Wisconsin Environment, promoted a 20% renewable energy standard to be established by 2020. Dan Lynch, 310 S. Eagle Street, expressed various smoking concerns. Todd Sohr, 530 Grand Street, expressed concerns related to the Near East Neighborhood. He expressed various concerns related to the Planning Division and the inspection process. He expressed concerns regarding thermal plastic that had been installed on his house windows. Proceedings of the Common Council- June 26, 2007 Council Member Statements Council Member Tower explained that a Capitol Development Committee was established and citizens interested in serving on the Board should contact him or Wendy Hielsberg, Executive Director of the Oshkosh Convention and Visitors Bureau. He explained that there was not much clarity received from the State Ethics Board regarding when Council Members should abstain from voting but there was some helpful information for him. He explained that there were very few situations where legally one was not allowed to vote because of a conflict of interest. He explained that historically he chose to avoid the impression of impropriety so he had abstained from the vote voting "present", however in the future he would be less conservative and more aggressive. Council Member King explained that notification letters that were sent to property owners involved in the city sidewalk program had incorrect information related to the final vote on the resolution. She explained that the actual vote was 4-3, not 7-0. She thanked Mr. Wollangk for his accomplishment on the "State of the City Address". She expressed a desire to educate the public on opportunities that individuals can pursue to enrich the quality of their lives in the City of Oshkosh. She explained that there were approximately eleven endowment funds that citizens could contribute to that benefit the City of Oshkosh. She explained that the funds were housed within the Oshkosh Area Community Foundation and she announced her intentions to develop an education brochure that would be available for citizens. She stated it was important to explore options to allow residents of the City to redirect contributions to the federal government. Council Member Palmeri explained he would hold his comments concerning a possible Best Buy for the next meeting. He questioned if individuals who were referenced in staff memos were sent copies of the memos. He explained it would be good policy and in the interest of open government for individuals to receive said memos. He explained his position related to conflict of interest votes. He cited from Chapter 19 of the State Statutes. He stated that neither he nor any members of his immediate family served in any director role at UW Oshkosh, nor were any of them UW Oshkosh officers or trustees, nor did any of them own or control directly or indirectly any outstanding equity in UW Oshkosh. He explained that 9 elected officials should act according to the highest ethical standards and when conflict issues arise they owe the citizens explanations as to how they chose to vote. Mr. Wollangk responded. Council Member Bain explained that in regard to conflict of issue votes his decisions were based upon his own ethics, moral beliefs and advice received in consultations. He explained he would not base his ethical beliefs soley on a law or on an opinion of a fellow Council Member. He explained it was important to look at the big picture, not just the law piece of it, but also the effectiveness or the image of the government. He explained that the minutes from the May 29th Fifth Tuesday Forum were available. He announced the next Fifth Tuesday Forum would be held July 31 st and he asked the public for input as to the location for the meeting. Proceedings of the Common Council- June 26, 2007 Council Member Esslinger stated he was proud to serve as the Honorary Chairperson for the Relay of Life and he thanked donors and the American Cancer Society. He clarified his past vote on a liquor license related to the Granary Restaurant. Council Member McHugh suggested future workshops for the following items; rescind ban on downtown wall murals, create a study of downtown one-way street systems, and to immediately bring back a guarded bathing beach in Menominee Park. Mayor Tower explained the Inspections Workshop was rescheduled for August 28th. Whatever Else is Pertinent or for the Good of the City MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE IN THE SOUTHWEST INDUSTRIAL PARK PURSANT TO SECTION 19.85(1 )(E) OF THE WISCONSIN STATE STATUTES (Tower; second, Esslinger) Ayes (7), Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower CARRIED: MOTION: CARRIED: ADJOURN (Mayor Tower second, Esslinger) VOICE VOTE The meeting adjourned at 9:30 p.m. PAMELA R. UBRIG CITY CLERK 10