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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday August 28, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri and Frank Tower 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 Council Member McHugh. Public Hearings The Mayor ordered the following Public Hearing: Resolution 07-227 Approve Final Resolution - Cold Mix Asphalt Paving - Various Streets Connie Warning, 1500 Adams Avenue, stated her opposition for cold mix asphalt paving. She stated support for concrete paving. Christine Augsburger, 1505 Adams Avenue, stated her opposition for cold mix asphalt paving. She stated support for concrete paving. Terry Schroeder, 317 Hawk Street, stated his support for cold mix asphalt paving. Loren Kietzman, 427 Hawk Street, stated his opposition for cold mix asphalt paving. He stated support for concrete paving. There were no further appearances and the Public Hearing was CLOSED. Council Member Bain questioned if the petitions met the requirements and he questioned the procedure. Council Member Tower questioned the streets included in the petitions and the immediate resolve for the current issues. Council Member McHugh questioned if the petitions matched the streets in the resolution. 1 Proceedings of the Common Council- August 28, 2007 Mr. Patek recommended that the improvements for Dove Street, Adams Avenue and Hawk Street be removed from the cold mix program and resubmitted in the CIP (Capital Improvement Program) for concrete paving. He explained that due to timing issues the three projects that would be removed from the cold mix program could not be replaced. He explained that patching would continue as needed until the concrete paving was available. MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND TO REMOVE ADAMS AVENUE, DOVE STREET AND HAWK STREET (Mayor Tower; second, Bain) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower VOTE ON AMENDED RESOLUTION: CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Consent Agenda The minutes of the August 14, August 15 and August 20, 2007 meetings were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $4,696,520.69. The Report of the City Clerk was read. Resolution 07-228 Grant Easements - High Avenue I Market Street I Pearl Avenue Resolution 07-229 Grant Conditional Use Permits; Approve I Revise Planned Developments: A) 2351 Westowne Avenue B) South Washburn Street, South of 3265 South Washburn Street C) 3530 Omni Drive D) 2404 Harrison Street Council Member McHugh questioned the proposed fencing for Omni Drive and Harrison Street. Mr. Kinney, Director of Community Development, explained the screening requirements for Omni Drive and Harrison Street and he explained the option for the applicants to request a variance from the Board of Appeals. Council Member Esslinger explained that he was a member of the Plan Commission and there had been discussion on wrapping the fencing on Harrison Street to give it the appearance of solid fencing and he explained that the applicants from Omni Drive had presented a sample of their intended fencing. 2 Proceedings of the Common Council- August 28, 2007 Resolution 07-230 Award Bid I Asphalt Paving & Underground Work I Contract No. 07-08 (Northeast Asphalt Inc., $259,262.89) Resolution 07-231 Approve Miscellaneous Licenses MOTION: CARRIED: ADOPT CONSENT AGENDA (Esslinger; second, McHugh) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 07-232 Approve Voluntary Delayed Attachment I Oakbrook Church - 3126 West 20th Avenue MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (6) McHugh, Bain, Esslinger, Tower, Palmeri, Mayor Tower; Present (1) King Council Member King stated she would vote present due to a conflict of interest. Ordinance 07-233 Amend Room Tax Sunset Provision MOTION: CARRIED: ADOPT (Esslinger; second, McHugh) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Mike Linder, representative of Award Hospitality, explained that they had presented an offer on the Park Plaza Hotel and he stated their support for the Convention Center. He explained that they had a possible future interest in the hotel. He explained that they would not be opposed to a percentage of food and beverage sales going toward financing for the Convention Center but it would require further discussion. Evan Vanornum, 943 Taft Avenue, asked for clarification on the room tax. Mayor Tower explained the extension of the sunset provision. Council Member Esslinger questioned Mr. Linder's support for the ordinance. Council Member McHugh questioned Mr. Linder regarding the percentage of food and beverage sales that would go toward the financing of the Convention Center. Council Member Tower explained that 2% of the room tax would go toward paying down the debt. He explained that the fund would be administered by the Oshkosh Convention and Visitors Bureau. He explained that 10% of the monies would go into the Convention Center and the remaining monies would be directed toward projects that would be selected by a subcommittee. 3 Proceedings of the Common Council- August 28, 2007 Ordinance 07-234 Establish Workshop Meeting Night MOTION: ADOPT (Bain; second, Esslinger) MOTION: LOST: AMEND TO INCLUDE "PUBLIC INPUT WILL BE ALLOWED AT ALL FUTURE WORKSHOPS" (Palmeri; second, McHugh) Ayes (2) McHugh, Palmeri; Noes (5) Bain, Esslinger, Tower, King, Mayor Tower VOTE ON MOTION TO ADOPT: LOST: Ayes (2) McHugh, Bain; Noes (5) Esslinger, Tower, King, Palmeri, Mayor Tower Bob Cornell, 548 W. Smith Avenue, stated his support for the ordinance change. He questioned the role of public participation and how the meetings would be noticed. Council Member Bain explained that workshops were important because it was a manner in which to obtain information other than memo form. He explained that public input could be allowed and the meetings would be noticed through the media. He explained that the establishment of a dedicated workshop meeting night would increase the opportunity for more open and transparent government. He explained that if there was not a scheduled workshop the meeting would be canceled and he explained that there were provisions to call special meetings if necessary. He commented on the length of recent meetings and stated that it was not appropriate to conduct business late into the evening. Council Member McHugh stated his support for the ordinance. He questioned if the designated night would be the only time to hold workshops. He explained that workshops should be limited to only those discussions that were necessary. Council Member Tower explained his opposition to the ordinance. He stated that the Council was over reacting to a limited situation. He explained that a dedicated workshop night would require staff and council members to be available an additional twelve evenings annually. He explained that the additional meetings could result in more absences, which would result in less participation. He offered various possible solutions to control the length of the meetings and stated it was important to prioritize. Council Member Palmeri questioned if the ordinance would affect future councils and he questioned if the rules could be changed to affect only the current council. He explained that the current council was a very verbal group and the ordinance change may not be necessary for future councils. He explained it was important to allow public input at workshops. He explained he would be more comfortable with a third business meeting added to the calendar. Mr. Kraft explained that special meetings could be called if necessary. He explained that the ordinance would affect future councils unless amended or repealed. 4 Proceedings of the Common Council- August 28, 2007 Council Member Esslinger explained his opposition to the ordinance. He explained that holding workshop meetings once a month could be untimely for the participant's schedules. Council Member King explained her opposition to the ordinance. She explained that the Council needed to be more judicious with their use of time. Mayor Tower explained his opposition to the ordinance. Ordinance 07-235 Create Annual Permit for All Night Parking & Approve Fee with Exception MOTION: ADOPT (Bain; second, Esslinger) MOTION: CARRIED: LAYOVER TO SEPTEMBER 11,2007 (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Ken Bender, 806 Oak Street, expressed his opinions. Council Member Bain explained the intent of the ordinance and he explained the reason why the exempt area was selected. He explained that the intent was to improve the customer service aspect for all night parking. He explained that he would support the opportunity to explore other options related to parking permits for the excluded area. Shirley Mattox, 1313 Jackson Street, questioned if there was a record of monthly permit holders denoting the part time residents from full time residents. She explained the inconvenience for the full time residents in the excluded area. Dan Brown, 224 W. Bent Avenue, stated his support for the ordinance. Council Member Palmeri stated concerns with the excluded area. He questioned possible alternatives related to part time residents. He explained that it was important for the full time residents to have equal access to a twelve month permit. Mr. Wollangk explained that the police department handled the permits and he was not aware if they tracked the permit holders. He explained that the permits would be issued for a twelve month period. Council Member Tower explained that because the ordinance benefited many people outside the excluded area it could be approved now and an amendment could be added in the future to address the issue of equal opportunity. Council Member King explained she supported a layover. She explained it was appropriate to explore other alternatives and to receive feedback from the police department. 5 Proceedings of the Common Council- August 28, 2007 Council Member Esslinger explained that it was beneficial to the majority of the community. He stated support for input from the police department and others involved to address the issue of equal opportunity. Ordinance 07-236 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-237 Approve Voluntary Attachment I Westowne Centre FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-238 Approve Voluntary Delayed Attachment I Grota - 2863 Homestead Drive FIRST READING; LAID OVER UNDER THE RULES Resolution 07-239 Approve Project; Authorize Borrowing; Approve Agreement; Authorize Reimbursement I Oshkosh Center Renovation MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower MOTION: LOST: AMEND TO ADD TO #2 "PAY OFF FIRST THREE YEARS USING TIF #15" (Tower; second, McHugh) Ayes (3) Bain, Esslinger, Tower; Noes (4) King, Palmeri, McHugh, Mayor Tower VOTE ON MOTION TO ADOPT: CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Council Member Bain asked for clarification on Mr. Wollangk's recommendation. He explained that it was in the best interest of the community to invest in the convention center. He stated that the City owned the property and it was inappropriate to do nothing. Council Member McHugh questioned the savings for city taxpayers. Council Member Esslinger questioned if it would cost more as the end result. He questioned if using the money from the general fund would negatively affect the general fund. He stated his support for the amendment. 6 Proceedings of the Common Council- August 28, 2007 Mr. Wollangk explained that if the money was borrowed and the donor TIF money was not used the residents of Oshkosh would pay 100% of the debt service for the first three years until such time as the extra 2% hotel/motel tax kicked in to pay the debt service for the remaining seven years on the ten year note. He explained the benefit of using the TIF borrowing was that all taxing entities contributed to the TIF. He explained that the convention center impacted the entire region and the County and the school district would help offset the cost. He explained that TIF was the only avenue that the State of Wisconsin offered for economic development. He explained that it would add one additional year for closing TIF 15. He explained that the TIF scenario was a ten year note, which was the same as in the Capitol Improvement Program, and the difference was in how the debt service was repaid. He explained that based on the current tax rates the difference was about four cents per thousand. Council Member Palmeri explained as a point of order that the discussion was directed toward the TIF option. He explained his opposition to the amendment. Mayor Tower explained that if there was no further discussion he would accept a motion to alter the resolution to remove it from the Capitol Improvement budget to the TIF budget. He explained his opposition to the amendment. Mr. Kraft explained the language change required to reflect the Council's intention to use TIF15 dollars to payoff the first three years of the debt. He explained there would be a future resolution brought forth to amend the TIF plan, which would formalize the Council's intent if the amendment passed. Council Member Tower explained his support for the amendment. Council Member King questioned the potential for the revenue from TIF15 to support the existing TIFs and/or the river walk project. She stated support for the convention center proposal to go through the CIP program. Mr. Kinney explained the TIF balances would need to be examined. He explained other considerations. Resolution 07-240 Set Special Election / Change of Government Referendum MOTION: LOST: ADOPT (Esslinger; second, Palmeri) Ayes (2) Esslinger, Palmeri; Noes (5) McHugh, Bain, Tower, King, Mayor Tower 7 Proceedings of the Common Council- August 28, 2007 William Manske, a local Attorney, explained his opposition to the resolution. He explained that the Council was not elected to aid in dismantling the current form of government. He explained that if there were citizens interested in changing the government they should circulate a petition for a referendum. He explained the petition should clearly state how the referendum would be worded and what the expectations were as a result of the referendum. He explained that the proposed resolution did not provide that information. He explained his interpretation of Chapter 62 of the Wisconsin Statutes. Ken Bender, 806 Oak Street, stated his support for the resolution. Mark Manske, 1453 Witzel Avenue, explained his opposition to the resolution. He echoed the same comments as William Manske and stated his support for the City Manager form of government. Dr. E. T. Sonnleitner, 1218 Jackson Street, explained a history of the City and previous form of government and stated his support for the manager form of government. Lois Luebke, resident of Oshkosh, stated her opinions. Ron Hardy, 1437 N. Main Street, stated his support for the referendum. He explained that the form of government was an issue that should be resolved before seeking a replacement for the City Manager. He explained that it was important to include the voters in the decision. He explained that the citizens would initiate a referendum if the Council did not act on it. Josh Coals, 1223 N. Main Street, stated his support for the resolution. Bob Cornell, 548 W. Smith Avenue, stated his support for the city manager form of government. He explained that it was not appropriate for the Council to initiate the referendum. He explained his opposition for a special election. Dan Rylance, 602 E. Parkway Avenue, explained that the city manager form of government was a good form of government and served the city well but it was time to move into an elected mayor and an alderman form of government. He explained that a special election in November would have a low turnout. Ann Marshall, 1120 Olson Avenue, stated she was a representative for the League of Women Voters. She stated support for the city manager form of government. She explained that an interim manager should serve during the transition period and a national search for a qualified city manager should ensue. Shirley Mattox, 1313 Jackson Street, stated her opposition to the resolution. She explained that a referendum should be initiated by citizens, not brought forward by the Council. Gary Jepson, 100 Court Street, explained his support for the resolution. 8 Proceedings of the Common Council- August 28, 2007 Council Member Palmeri explained his reasons for initiating the resolution and he gave a brief history of the City Manager search in 1996. He explained that the issue should be put to a vote. He cited from Chapter 62 of the Wisconsin Statutes explaining the role of a mayor and he compared it to the role of the city manger. He explained that the referendum issue needed to be resolved to allow the city to move forward. He explained that his interpretation was that the State Statutes did not require district representation. Council Member McHugh questioned if the change of government required the establishment of aldermen for representation, he asked for a legal opinion. He explained he was hesitant to support a change of government if it required aldermen versus council at large. Council Member Tower explained that the issue to explore alternative forms of government had been presented three years ago and he explained that at that time it was determined that the citizens preferred to elect a mayor with limited power. He explained that there were presently too many unanswered questions to be resolved and it was presumptuous to believe that there were only two choices available. He stated that the decision should not be a reaction and he explained that if citizens were interested in changing the current form of government they should initiate a petition. He explained that the timing was inappropriate because the Mayor had been recently elected. He explained it was important to focus on retaining an interim city manager, to search for a qualified city manager and to move forward. He explained he would actively discourage the development of a referendum because it was not in the City's best interest. Council Member Esslinger explained that the same issue was debated three years ago. He stated his support for the resolution and explained that the people should be able to decide what kind of government they want. Council Member Bain explained he would support a referendum on the April 2008 ballot and he explained that the proposed question was incomplete. He explained various factors that needed to be addressed under Chapter 62 of the Wisconsin State Statutes. He explained that the salary structure was an issue and he explained that the timing was inappropriate. He explained that there should be discussion to set criteria related to a city manager. He questioned the effective date if an April 2008 referendum was approved. He explained that an effective date of April 2009 would coincide with local elections and it would allow the City to move forward with their choice of government. Mr. Kraft explained that every mayoral form of government in the State of Wisconsin had aldermanic districts. He explained that he had consulted with the City Attorney of Madison, the state election boards official, and Special Council James Kalny. He explained that Chapter 62 of the Wisconsin State Statutes did not specifically state that there must be districts, but there were two references that mentioned aldermen by district. He explained that the effective date from approval of an April 2008 referendum would be April 2009. 9 Proceedings of the Common Council- August 28, 2007 Council Member King reviewed the items that the Council was currently responsible for including the budget process, the unbudgeted costs related to the current City Manager's retirement, the costs associated for a possible special referendum question, and the search for an interim city manager. She explained that under the current state of affairs she did not support the referendum because it was a distraction to the real issues that the Council was elected to perform. Mayor Tower explained his opposition to the resolution because of the inappropriate timing. The Council took a break at 8:45 p.m. and resumed at 8:55 p.m. Citizen Statements Kurt Koeppler, 1726 River Mill Road, expressed his concerns regarding the denied application of Mr. Omachinski for the Redevelopment Authority. He explained Mr. Omachinski's involvement with OshKosh B'Gosh. He explained that an apology was owed to Mr. Omachinski, OshKosh B'Gosh and all the volunteers from the community. Ken Bender, 806 Oak Street, expressed various community concerns. Bob Cornell, 548 W. Smith Avenue, expressed his concerns regarding the denied application of Mr. Omachinski. He stated that the action was unnecessary. He commented on speculation that was derived from the recent closed executive sessions related to the City Manager and department heads. Lois Luebke, city resident, expressed concerns related to flag display and the five minute rule for speakers addressing the Council. Jim Simmons, 1625 River Mill Road, expressed his opinion that there could be an at-large council under a mayoral form of government. He explained the various aspects of a charter convention. Evan VanOrum, 943 Taft Avenue, provided updates on issues related to the sports complex. Becky Fitzhenry, 651 Evans Street, expressed concerns related to her neighborhood including deteriorated properties, increased negative activities and public safety. Dan Rylance, 602 E. Parkway Avenue, expressed concerns related to the former Mercy property. He questioned the status of the site. Steve Barney, 1216 Elmwood Avenue, explained that the next city manager should be educated in sustainable development. He urged Council to consider the topics of "US Mayors Climate Protection Agreement" and "Climate Project" to be included on their agenda. 10 Proceedings of the Common Council- August 28, 2007 Dan Luebke, 1837 Olive Street, expressed his appreciation to the Council. He listed various community concerns. Todd Sohr, 530 Grand Street, expressed concerns related to the Near East Neighborhood. He expressed a desire for neighborhood residents to be included in workshops. Council Member Statements Council Member Bain stated that the notes from the July 31 st Fifth Tuesday Forum were available. He informed the community that The Dragon Boat Race and Festival would take place September 22nd at the Leach Amphitheater and Riverside Park. He explained that the event benefited the YMCA, the Grand Opera House and the University and volunteers were still being recruited. Council Member Esslinger questioned the status of applications for the unfilled position on the Redevelopment Authority and he explained that all opinions should be respected. Council Member King commented on gender equity in the Oshkosh youth sports utilities. She asked for a moment of memory for Larry Pasquini, who was deeply involved in youth sports. She expressed concerns with the recently denied application for the Redevelopment Authority and explained that the actions were inappropriate. She explained that it was not fair to blame an individual for the national trade policy. She explained that it was difficult to find citizens with qualifications and a readiness to serve on local boards and commissions and she feared the action of the Council would be a detriment to future volunteers. She requested a Near East Workshop be placed on the agenda and she requested that the residents be noticed. Council Member McHugh commented on the unsightliness of the former Mercy site. He questioned if Parkway Avenue was included in last year's CIP Program. He questioned the status of the redevelopment. Mr. Patek explained that the work for Parkway Avenue was postponed due to the redevelopment of the property. Mr. Wollangk explained a status update would be forwarded to the Council. Council Member Palmeri explained that the current Council was not a rubber stamp Council. He explained that he found the resume from Mr. Omachinski troublesome and he acted on it. Mayor Tower asked for workshop topics. He explained that there would be a workshop on the Inspection Division following the Council meeting. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk announced that the 115th National Guard Unit would be returning to Oshkosh at the end of the week and there would be a small procession through the City. 11 Proceedings of the Common Council- August 28, 2007 MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 9:50 p.m. PAMELA R. UBRIG CITY CLERK 12