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HomeMy WebLinkAboutMinutes ~ OJHKOfH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Tuesday, November 27, 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: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member McHugh read the invocation. The Pledge of Allegiance was led by Cassie May and Karen Knudson from Oshkosh North High School; Jacob Segar and Stephanie Novotney from Oshkosh East High School; and, Mitchell Jacobson and Catherine Drayna from Washington Elementary School. Public Hearings The Mayor ordered the following Public Hearings: Resolution 07-335 Approval of & Authorization to Submit the City of Oshkosh 2008 Action Plan to Obtain 2008 Community Development Block Grant Entitlement Funds There were no appearances and the Public Hearing was CLOSED MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-336 Approve Final Resolution Vacating Portion of Arthur Avenue David Ehlke, 1036 N. Lark Street, questioned if the Council required further information. Mayor Tower responded that further information was not necessary. There were no further appearances and the Public Hearing was CLOSED MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower 1 Proceedings of the Common Council- November 27, 2007 Resolution 07-337 Approve Final Resolution - Sanitary Sewer, Storm Sewer Laterals & Water Laterals / Witzel Avenue There were no appearances and the Public Hearing was CLOSED MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Ordinance 07-338 Approve Zone Change /1209 North Main Street & 8 West New York Avenue There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-339 Approve Zone Change / 2021 & 2103 Oregon Street There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the November 9th and 13th, 2007 meetings were approved as presented. The Report of the Acting City Manager was read. Council Member Palmeri questioned the amount paid to Gannett Newspaper on November 16th. He also questioned advertising policies. Mr. Fitzpatrick explained the fee was related to advertising. He explained that invoices indicated that the fees included amounts due for a leaf collection notice and advertisement for a semi-skilled position and the interim city manager position. He explained various advertising items and other publications required by various departments. Ms Ubrig explained that she was required to publish ordinances, final resolutions, minutes, public hearings, special assessment payment notices, etc. She stated that she budgeted $25,000.00 for notices. The bills were presented in the amount of $3,200,320.86. The Report of the City Clerk was read. Resolution 07-340 Authorize Submittal of Grant Application; Accept Funds / Brownfield Site Assessment Grant - 707 & 713 South Main Street 2 Council Member McHugh questioned the funding source for the required 20% City match for the project. Proceedings of the Common Council- November 27, 2007 Jackson Kinney, Director of Community Development, explained that the properties were located in the South Shore Redevelopment area and TIF (Tax Incremental Finance) funds would be utilized. Resolution 07-341 Approve Parking Agreement; Adopt Final 2008 Operating Plan - Downtown Oshkosh BID Council Member Palmeri questioned the BID (Business Improvement District) decision to discontinue sponsorship for the Mayor's Breakfast. He explained his support for the continued event. Council Member Tower questioned the revenue reduction in parking payments to the City. Darryn Burich, Director of Planning Services, explained the anticipation that another organization would sponsor the Mayor's Breakfast. He explained that the revenue from the parking utility had been decreasing through the years. Mayor Tower explained his support for continuation of the Mayor's Breakfast. He explained that he had been involved with discussions related to possible options and a change in venue due to renovation plans for the Convention Center. Mr. Fitzpatrick responded that the event involved more than just the monetary rewards from the breakfast, he explained that exposure to the downtown area was also important. He explained that the Department of Community Development was working with the BID on the organization of events. Ed Nokes, Director of Finance, explained that the parking utility payments fluctuated from year to year. He stated that when the BID was originally created a primary focus was to remove parking meters in the downtown area and to reimburse the City for loss revenue. He stated that concept was no longer realized. He explained the current BID parking support and stated that the BID now agreed to purchase a downtown parking lot. He explained that the fluctuating number represented the spread between the debt payment of the parking utility and the increment collected on the TIF District. Resolution 07-342 Grant Conditional Use Permit; Approve Planned Development 1 Northwest Corner West 9th Avenue & South Westhaven Drive Resolution 07-343 Approve Preliminary Plat 1 Lake View Park Resolution 07-344 Approve Amendment to Agreement for Right-of-Way Acquisition Services for Ohio Street ($1,800.00) Resolution 07-345 Approve Revised Agreement 1 Wisconsin Department of Transportation 3 1 US Highway 45 & Main Street (Fox River to Irving Avenue) ($3,503,973.00) Proceedings of the Common Council- November 27, 2007 Resolution 07-346 Approve Agreement 1 Wisconsin Department of Transportation 1 STH 76 (Jackson Street from Murdock Avenue to Indian Point Road & Median from Murdock Avenue to Smith Avenue) ($318,000.00) Council Member McHugh questioned the location of the median. Mr. Patek explained that the City only had jurisdiction over the section from Murdock Avenue to Smith Avenue. He explained that it could be extended in the future if additional property was annexed into the City. Resolution 07-347 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 07-348 Approve Zone Change 11438, 1460 -1480 West South Park Avenue MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Ordinance 07-349 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-350 Approve Final Resolution - Coldmix Asphalt Paving 1 Smith Avenue West of Mount Vernon Street MOTION: CARRIED: ADOPT (Esslinger; second, McHugh) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-351A Adopt 2008 City Budget MOTION: LOST: ADOPT (Esslinger; second, Tower) Ayes (1) Esslinger; Noes (6) McHugh, Bain, Tower, King, Palmeri, Mayor Tower Council Member Bain stated his support for Resolution 07-351 B. Council Member Tower asked for clarification for public benefit on the differences between 4 Resolution 07-351A and 07-351 B. Mayor Tower stated his support for Resolution 07-351 B. He requested various items to be included in the memo related to mileage reimbursement. Proceedings of the Common Council- November 27, 2007 Council Member Esslinger questioned the status of a report he had requested related to mileage reimbursement. He explained that he was disappointed with the lack of documentation related to reimbursement. He questioned if the $10,000.00 related to sewage problems from EM were added into the budget. He stated his support for Resolution 07-351A and explained that it was important to fill the police position as soon as possible. Mr. Fitzpatrick explained that the budget options were divided into "A" and "B". He explained that option "A" was comprised of the restoration of some items that were brought forward after the state budget was established. He explained that option "B" was comprised of all items included in option "A" and additional items that the Council deemed important. He stated that the bottom line for both budgets was the same. He explained that the additional items brought forward from the Council amounted to $10,000.00 and he explained that a reduction was taken in a police line item to account for the necessary amount. He explained that research related to mileage reimbursement did not indicate that other municipalities required city employees to pay for their own mileage. He explained that discontinuing the current policy of extending mileage reimbursement to city employees could become an issue for represented employees. He stated that the Council previously adopted a city travel policy. He apologized for the lack of documentation due to the short time frame for the budget hearing and stated that there would be further exploration into the matter. Mr. Nokes explained that the IRS (Internal Revenue Service) rate was the same as the City's rate for mileage reimbursement. He explained that non-represented employees received a monthly flat rate mileage stipulation. He stated he would create a memo related to the research. He explained that the monies from EM were not currently reflected in the budget but would eventually be recorded under the sewer revenue in the Utility Budget. Resolution 07-351 B Adopt 2008 City Budget MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND TO INCREASE POLICE PAY $10,000.00 AND DECREASE CITY ATTORNEY PAY $10,000.00 (Tower; second Esslinger) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) McHugh, Bain, Tower, King, Palmeri, Mayor Tower; Noes (1) Esslinger Mayor Tower explained that the resolution did not include a salary increase for council 5 members. He questioned the option of restoring monies to the police budget and delaying the activity coordinator position or balancing the amount across other departments. He explained that the County had a 3.70 increase, the schools were at 3.46, Fox Valley Technical School was at 1.77 and the City was at 2.10 upon approval of the resolution. Council Member King explained that the resolution restored a nominal amount for land improvement in regard to trees. She explained that it was a $20,000.00 decrease for land improvement from two years ago. Proceedings of the Common Council- November 27, 2007 Council Member Bain questioned the intent for a deferred maintenance fund to be available for City properties and capital projects. He explained that if money was not allocated it was important to create a policy for the future. He expressed a concern with City entities, such as the museum, having a surplus in their operational funds, which in turn increases the levy. He questioned if it was city policy for other city entities that charged admissions, such as the golf course, to set aside surplus monies for the next year. He explained his support for an endowment or an exhibition fund for the museum. He questioned if the addition of positions would be supported in the future. Council Member Tower explained that it was inappropriate to pursue salary increases for the Mayor and the Council at this point in time and he proposed that increases should be considered after January 1st to be enacted in April 2009. He explained that such a time frame would eliminate two tiers of payment for the Council, allow for a newly elected Council, allow time for research of other communities and it would have no affect on this year's budget. He expressed concerns with $10,000.00 from the proposed budget all coming from the police budget. He suggested various options. He explained that the addition of positions could be offset next year by possible vacancies or the lack of future hiring. He asked for direction to make an amendment to the resolution Council Member Esslinger stated that since the last meeting he had not received any feedback from citizens regarding the budget. He stated his support for Resolution 07-351 A. Council Member Palmeri explained it was important to put local government in context with the federal and state levels. He commented on the Iraq War. He explained that the federal government helped cities with urban renewal, blight, etc. mainly through Community Development Block Grant Funds and he stated that the funding was currently worth half of what it was in 1981. He explained that the state debt increased 87% over the past decade. He explained that the legislature was poised to receive a 5% raise. He explained that the local government was not reckless and irresponsible like the federal and state governments. He stated he would support the budget, however he envisioned a more imaginative budget. He suggested that a citizen led budget committee be established. Mr. Nokes explained that park facilities were designed to accumulate funds to be spent on future projects. He explained that it was more project oriented than operational budget. He explained that museum surplus monies could be related to the possible loss of admission revenue due to a future renovation project. 6 Mr. Fitzpatrick explained that the concern related to surplus monies had been discussed. He explained that it was a product of difficult budget times and he explained that at this point in time they were only ideas that were brought forward for consideration. He explained that the City could not provide services if positions were not filled or preserved. He explained that the City was able to forecast and look forward to attrition and retirements and manage positions in an appropriate manner. He explained that due to the vacant City Attorney position there was salary surplus available to fund the police position. He explained his support for the suggested time frame related to a possible salary increase for the Council. Ms Lorenson explained that the line item for the City Attorney could be reduced by $10,000.00 and the line item for the police could be increased by $10,000.00. Proceedings of the Common Council- November 27, 2007 Resolution 07-352 Approve 2007 Tax Levy MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-353 Adopt 2007 Tax Levy Rates & Levy MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-354 Approve 2008 Capital Improvement Program MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Citizen Statements Daniel Lynch, 310 S. Eagle Street, thanked Chief Greuel for the introduction of neighborhood policing. He expressed various smoking concerns. Council Member Statements Council Member Bain explained that it was necessary for the community to have discussion related to future city leadership regardless of the form of government. He expressed intent to work with the Council as a collective group to determine how to proceed and move forward. He explained that planning could begin in December and meetings could be held after the first of the year. He explained that a summary of the meetings and discussions would be prepared. He thanked all for their well wishes on the recent birth of his son. Council Member Tower stated support for community discussion. He urged caution related to the concept of the Leach Amphitheater, budgetary issues and the time frame. Council Member King stated support for community discussion. She explained that it was also important to have discussion with City Staff related to their visions for the future. She explained that constructive visioning was an important process regardless of the form of 7 government. She explained interest in determining if arrangements could be made with other community groups for use of the amphitheater. Council Member McHugh listed various issues associated with the amphitheater including the lack of shade, element protection and parking. He explained that other issues could be defined in a workshop. He questioned administrative staff salaries for the Community Development Block Grant Fund. He complimented City Staff for their preparation and cooperation in the budget process. Proceedings of the Common Council- November 27, 2007 Council Member Esslinger explained that he and Council Member McHugh had previously brought forward an advisory referendum that was designed to receive feedback from the public and it was defeated. He explained that he was not opposed to discussion, however he thought it was important to first determine the preferred form of government. He explained that PMI Inc. recently announced their intent not to renew their contract for the Leach Amphitheater, which expires in 2009. He explained that he recently had discussions with the Executive Director of the Grand Opera House, Joe Feria, and Mr. Feria had indicated an interest in submitting possible proposals for bookings at the amphitheater. He explained that requests for proposals could include a stipulation to reject any or all proposals. He questioned the quality of support from PMI for the 2008 season if their intent was not to renew their contract. He suggested a future workshop related to the acceptance of proposals for the amphitheater. He requested that PMI's contract be included in the next Council packets. Council Member Palmeri questioned if it would be redundant to go through the process as outlined by Council Member Bain if in the end a consulting firm was utilized in the process for a city manager search. He explained that such firms typically conducted community visioning processes. He questioned if the Council had the ability to appoint citizens to a committee for a city manager search. He questioned if requests for proposals for the Leach Amphitheater could begin before the contract for PMI Inc. expired. He explained his support to accept proposal requests if PMI was interested in ending the agreement and he questioned if there was a release clause in the contract. He questioned the date for the Near East Neighborhood workshop and asked if citizens from the area would be able to speak. Mayor Tower stated support for community discussion and he explained that a multiple number of venues should be pursued. He explained that he would like to engage discussion with PMI Inc. related to their current contract. He explained the necessity for the time frame to allow for a number of requests for proposals. He explained that a workshop related to the amphitheater would be scheduled in January. He asked for future workshops. He explained that a workshop for the Near East Neighborhood had not yet been set and he suggested the first week in February 2008. He explained that citizens from the area would be able to speak. Mr. Fitzpatrick stated support for the concept of community discussion, however he explained that once the status of a possible referendum is known efforts should be focused on a 8 complete recruitment process strategy. He explained that the components of consulting firms could be tailored to what the Council thought was important. He explained that the Council did have the authority to appoint citizens to a city manager search committee and he explained that citizens were involved in the recruitment process for both the Police and Fire Chiefs. He explained that the time frame was very tight before the next council meeting to adequately provide information for a workshop related to the Leach Amphitheater. He explained that there was an expenditure to explain the direct payroll line for the Community Development Block Grant Fund and he stated that Mr. Nokes would follow up on that explanation. Ms Lorenson explained that proposals for the amphitheater probably should not be obtained until it was known if the proposals could be managed. She explained that a letter from PMI had indicated that they would work with the City, however there had been no direct discussion with them and she had not reviewed the current contract. Proceedings of the Common Council- November 27, 2007 Whatever Else is Pertinent or for the Good of the City Mr. Fitzpatrick shared correspondence received from Brad Larson, Museum Director, related to the upcoming "The President and the Tsar Exhibition". He explained that the Oshkosh Public Museum was awarded a joint effort marketing grant from the Wisconsin Department of Tourism to help market the 2008 summer exhibition. He explained that the budget process was very successful and he complimented City Staff, former City Manager Wollangk, Finance Director Nokes and the Council Members. MOTION: CARRIED: ADJOURN (Esslinger; second, Bain) VOICE VOTE The meeting adjourned at 8: 11 p. m. PAMELA R. UBRIG CITY CLERK 9