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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday August 14, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Tony Palmeri, Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower and Frank Tower EXCUSED: Council Member Jessica King ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Council Member Palmeri. A proclamation was presented by Mayor Tower declaring August 14, 2007 as" Oshkosh West High School Barbershop Chorus Day" in the City of Oshkosh. Consent Agenda The minutes of the July 24, July 30 and August 6,2007 meetings were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $15,260,365.02. The Report of the City Clerk was read. Resolution 07-215 Accept Utility Easements: A) 1418 Coolidge Avenue B) 1319 Arthur Avenue Resolution 07-216 Approve and Execute Revised Relocation Order; Determination of Necessity to Acquire Property; Authorize Acquisition; Accept Easements; Dedicate Street Right-of-Way I Ohio Street - South Park Avenue to Witzel Avenue 1 Proceedings of the Common Council- August 14, 2007 Resolution 07-217 Award Bid - Evidence Shelving for Oshkosh Police Department (Jeter Systems Custom Business Systems, $37,991.02) Resolution 07-218 Approve Initial Resolution - Cold Mix Asphalt Paving - Various Streets Mayor Tower questioned staff's recommendation related to filed petitions. Council Member Tower asked for clarification of staff's recommendation. Mr. Patek explained that additional petitions were expected and that it would be more consistent to make all the changes during the final resolution that was scheduled for Council review at the next meeting. He explained that the Council was voting on the initial resolution. Resolution 07-219 Authorize Jurisdictional Offers & Awards of Damages (if necessary) Ohio Street Resolution 07-220 Approve Hazmat Agreement Resolution 07-221 Approve Appointments Council Member Palmeri expressed concerns with the appointment of David Omachinski. He explained that the Redevelopment Authority currently had representation from industry, finance and business groups, but lacked representation from the labor group. Council Member Esslinger questioned the review process and questioned if there were better qualified candidates. He explained his opposition to the appointment. Council Member McHugh stated he did not support the appointment. Mayor Tower explained that there were no other interested applicants on file. He explained that Mr. Omachinski had finance background, which was important for the appointment. Resolution 07-222 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 07-221 (Bain; second, Esslinger) CARRIED: Ayes (6) Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Resolution 07-221 Approve Appointments MOTION: LOST: ADOPT (Bain; second, Esslinger) Ayes (3) Bain, Tower, Mayor Tower; Noes (3) Palmeri, McHugh, Esslinger 2 Proceedings of the Common Council- August 14, 2007 Action Taken on Ordinances and Resolutions Ordinance 07-223 Approve Voluntary Delayed Attachment I Oakbrook Church - 3126 West 20th Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-224 Amend Room Tax Sunset Provision FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-225 Establish Workshop Meeting Night FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-226 Create Annual Permit for All Night Parking and Approve Fee with Exception FIRST READING; LAID OVER UNDER THE RULES Council Member Bain clarified concerns related to his participation in deliberations regarding the City Manager. He explained that it was his decision, based on the advise of the Council's Attorney, to leave the July 30th Closed Meeting. He stated that he would participate in the Closed Meeting scheduled for August 15th. Citizen Statements Ken Bender, 806 Oak Street, expressed various community concerns. Evon Van Ornum, 943 Taft Avenue, expressed various neighborhood concerns related to Titan Stadium. She explained that there were issues with noise, lighting, traffic, and vandalism. She explained that neighborhood concerns had been raised for the past three years and the neighborhood had offered possible solutions to UWO officials and local athletic directors. She questioned why the Oshkosh Police Department did not have the authority to address municipal code violations on University property unless they were invited onto the grounds. She questioned who would respond in the event of a major incident. Council Member McHugh questioned why a variance was granted to UWO for lighting issues if they were exempt from City ordinances. Mr. Kraft explained that the State of Wisconsin, as a property owner, was not required to follow local ordinances. He explained that they did have to abide by certain zoning ordinances on a local basis and the lighting issue could be referred to the Planning and Zoning office. Council Member Palmeri asked various questions related to the neighborhood issues. He questioned if it was appropriate to schedule a workshop to discuss the issues. 3 Proceedings of the Common Council- August 14, 2007 Mayor Tower explained that the issue had been discussed at Council Member Bain's Fifth Tuesday Forum. Steve Barney, 1216 Elmwood Avenue, expressed his opinions related to environmental sustainability. Ron Hardy, 1437 N. Main Street, explained that there were citizens who were questioning the efficiency, effectiveness and accountability of the current form of government. Council Member Statements MOTION: ADOPT PARLIAMENTARY PROCEDURE CHANGES TO ALLOW MOTIONS OF "TABLE" AND "SUSPEND RULES" FROM "NOT DEBATABLE" TO "DEBATABLE" (Bain; second, Mayor Tower) CARRIED: Ayes (4) Bain, Esslinger, Tower, Mayor Tower; Noes (2) Palmeri, McHugh Council Member Bain stated that the notes from the July 31 st Fifth Tuesday Forum would be available at the next meeting on August 28th. He explained the proposed parliamentary procedure changes related to tabling and the suspension of rules. He explained that there had been discussion on the item at the previous meeting and public notice was made at that time. He explained that the motion involved parliamentary procedure and had limited affect on the public. He asked various questions related to a workshop for the 100 Block. He explained he was comfortable with a resolution coming forward with option #1 followed with discussion versus a scheduled workshop. Council Member Palmeri explained that debating the motions could add to the length of the meetings and he was uncomfortable making the meetings any longer. He explained that if a motion was made to "table" or "suspend the rules" and Councilors were uncomfortable with the motion they had the opportunity to vote it down. He explained that he would not support the motion. He expressed concerns with the purpose of workshops and the direction given by the Council. He questioned if workshops were being used to circumvent citizen input. He questioned if workshop items could be voted on. He explained that he did not feel a workshop was necessary for the 100 Block. Mr. Kraft recommended against voting on workshop items because of possible notice issues. Council Member Esslinger stated his support for the motion and explained that debate was important. He stated that Councilors should be cognizant of time frames. He expressed condolences to the family and friends of Larry Pasquini. He questioned a guarantee related to Akcess Properties and questioned if it was the same scenario as the personal guarantee related to the 100 Block financing. He requested further information on the promised guarantee from Akcess Development. He explained that the memo from Mr. Kinney was sufficient and he did not see a need for a workshop regarding the 100 Block. 4 Proceedings of the Common Council- August 14, 2007 Mr. Wollangk explained that the situations between Akcess Development and the 100 Block were not similar. He explained that the 100 Block had received a development grant and the guarantee was for the debt service. He explained that the City now recommended that money invested in future development be a pay as you go program. He explained that because it was an amendment to the TIF District the information from the 100 Block would come back to the Council for a vote and the public would have the opportunity for comment. Council Member McHugh called for a point of order regarding the proposed parliamentary procedure changes. He questioned if a vote could be taken on an issue that was newly introduced without public awareness. He stated his opposition to the motion and explained that the debates could significantly lengthen the meetings. He stated he did not support a workshop for the audit review of the 100 Block. Mayor Tower explained that Roberts Rules of Order were subject to change and were similar to changes made at the organizational meeting. He questioned if Council was interested in scheduling a workshop on September 11th for discussion on the 100 Block. He asked for other workshop suggestions. Council Member Tower stated his support for the motion and explained that the motion to "table" had caused consternation in the past. He explained that as a rule when Council gave direction in a workshop it was direction that led to a resolution. He explained that due to the sensitive issue of the 100 Block it would be appropriate to have a workshop. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk stated that there would be a workshop after the meeting related to the audit review and that on August 28th there would be a workshop related to the Inspection Division. He announced that the Oshkosh Public Museum had published a book, Portraits in Glass, related to Trinity Episcopal Church and their stained glass windows. He explained that it would be available in the museum gift shop in September. He stated that a future workshop would be scheduled to share information on the museum remodel. He explained that the Museum Board governed operational decisions and the Council would have input related to the budget impact. Council Member Tower asked various questions related to the future remodel and addition of the Museum. Mr. Kraft advised the Council that the conversation was going beyond the announcement of the City Manager. MOTION: CARRIED: ADJOURN (Esslinger; second, Bain) VOICE VOTE The meeting adjourned at 7:10 p.m. 5 PAMELA R. UBRIG CITY CLERK 6