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HomeMy WebLinkAboutMinutes from 2/24/2009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOfH ON THE WATER REGULAR MEETING held Tuesday, February 24, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri and Mayor Frank Tower ALSO PRESENT: Mark Rohloff , City Manager, Pamela Ubrig, City Clerk, Lynn Lore nson, City Attorney, and Dave Patek, Director of Public Works Council Member Tower read the Invocation. The Pledge of Allegiance was led by students Alex Boettcher and Sarah Huddleston from South Park Middle School; and, Michelle and Stephanie Graf from Perry Tipler Middle School. Mr. Rohloff introduced Dean Leisgang, the new Communications Coordinator for Oshkosh Community Media Services. PUBLIC HEARJNG Ordinance 09 -50 Approve Rezoning the West Side of South Main Street between West 10th Avenue and West 15th Avenue, from M -2 to C -3 PD (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES CONSENT AGENDA Approval of Minutes from January 27,2009 Council Meeting. Approval of Bills Presented by the Finance Director. Approval of Cash Report for January 2009. Receipt and Filing of Library Board Minutes from January 29, 2009. Receipt and Filing of Museum Board Minutes from January 8, 2009. 1 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Statement of the Board of City Canvassers declaring Tony Palmeri, Jessica King, Bob Poeschl, John Hinz, Richard O'Day and Steve Cummings as candidates for the offices of Oshkosh Common Council Member in the April 7, 2009 election. Approval to Full Throttle Outdoors / Utilize Menominee Park for Full Throttle Walleye Series / June 6, 2009 Approval to Oshkosh Yacht Club / Utilize Menominee Park for "A" Class National Regatta / June 25 — 28, 2009. Approval to Paine Art Center and Gardens / Utilize City Streets for Faire on the Green /July 12, 2009. Approval to Elk's Club / Utilize Rainbow Park for 19 Annual Sheephead Fishing Tournament/ July 18, 2009. Receipt of Claim filed with the City's Insurance Company / Gene Langenecker - (claimant alleges after broken water main was repaired, ice accumulated in driveway resulting in damage to vehicle). Receipt of Claim filed with the City's Insurance Company / Felix Arrington - (claimant alleges ice /snow was never removed from around mailbox, resulting in vehicle sliding into mailbox). Resolution 09 -51 Approve Accepting Sanitary Sewer Easement at 1945 West Snell Road for U.S. Highway 41 Utility Relocations (Plan Commission Recommends approval) Resolution 09 -52 Approve Accepting Sanitary Sewer Easement at 700 North Koeller Street for U.S. Highway 41 Utility Relocations (Plan Commission Recommends Approval) Resolution 09 -53 Approve Disposition of Portion of Lakeshore Municipal Golf Course to Wisconsin Department of Transportation for Right -Of -Way Purposes for the U.S. Highway 41 and Rath Lane Expansion Projects (Plan Commission Recommends Approval) Resolution 09 -54 Approve a Conditional Use Permit at 910 West Murdock Avenue for an Automobile /Light Truck Sales and Service Business and Towing . Operation (Plan Commission Recommends Approval) Resolution 09 -55 Approval of Fund Transfers Resolution 09 -56 Approval of Fund Balance Reservations Resolution 09 -57 Disallow Claim by Deborah Wyle (for injuries due to falling after swing chain broke at Little Oshkosh in Menominee Park) 2 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Resolution 09 -58 Approval of Class "B Fermented Malt License, Operator's Licenses, Taxicab Licenses and Secondhand Dealer's License MOTION: ADOPT CONSENT AGENDA (Esslinger; second, McHugh) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -59 Approval of Parking Regulation Changes on Court Street, Otter Avenue, Washington Avenue and Waugoo Avenue FIRST READING; LAID OVER UNDER THE RULES Resolution 09 -60 Approval to Enter into an Agreement with Neighborworks Green Bay to Assist with Neighborhood Improvement Efforts Through Implementation of the Great Neighborhoods Program MOTION: ADOPT (Bain; second, Esslinger) MOTION: - AMEND AGREEMENT TERM SHEET IIIA BY ADDING "AND COMMON COUNCIL" (Palmeri; second, Mayor Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Tower stated that a positive for passing the resolution was that areas would see progress made throughout the neighborhood. He questioned how the City would know the program was successful or not at the end of the year. Noel Halverson, Executive Director of Neighborworks in Green Bay, stated that through conversation they had an anticipated outcome. He explained that after conversation with the residents there would be objectives and what the outcome would be. Jackson Kinney, Director of Community Development, stated that communication would be conducted with residents to determine an outline for objectives after organizing a neighborhood program. He stated that details would become firmer once the association was organized and moving forward. Council Member Tower questioned if the two neighborhoods would have by -laws, residents supporting it and have a set of objectives. He stated that those were the kinds of things he was looking for in the associations. Mr. Kinney stated that the key thing to look at was that funding support that would depend on what activities were included in the following year's action plan. 3 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member Palmeri questioned if the Board of Directors would be approved soon after resolution was approved and who would be on the Board. Mr. Halverson stated that the majority of the Board would be made up of residents. He stated that eight members would be residents and the others would be a mixture of business members from the Community or professionals with certain skills. Council Member Palmeri questioned how the members would be selected and if weight from businesses would be considered. Mr. Halverson stated that there would be a public meeting and there would be an election of those interested from the neighborhood and the residents would vote. He stated that input would be compiled from business owners and the steering committee as to who would be competent leaders. Council Member Palmeri questioned if the Board of Directors was the same as the neighborhood association. Mr. Halverson stated that they were not the same. He explained that the Board of Directors would work on the business aspect of Neighborworks in Green Bay. He stated that the Board would oversee rehabilitation, resale projects, local staff and managing relationships between the City and partners from the association. He stated that the association would have their own agenda. Council Member Palmeri questioned how a staff employee would be recruited. Mr. Halverson stated that there would be adds in the newspaper and on the web site and by requests of qualified candidates. Council Member Palmeri stated that there was concern that this program would become an arm of the City and the City would appoint the staff person to be employed. He questioned if guard would be taken to ensure citizens that this would not happen. Mr. Halverson stated that the candidates would be chosen by the Board of Directors along with himself and the agency from Green Bay. He stated that it would not be a process that would be subject to a stakeholder. Council Member Palmeri questioned if the neighborhood associations would be involved in targeted code enforcement. He questioned if Green Bay associations were involved in their neighborhoods. Mr. Halverson stated that the association would be involved in all activities of the City. He stated that it would be the prerogative of the association to be involved with as much as they chose. He stated that the Green Bay Associations had requested different ordinances and codes for their areas. 4 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member Palmeri questioned if it was the Green Bay city government that created and enforced the codes. Mr. Halverson stated that was correct as it would be the same for Oshkosh. Council Member Palmeri questioned if Planning Development saw ADVOCAP as a blight machine. Mr. Kinney stated that the Planning Development did not see ADVOCAP as a blight machine. He stated that ADVOCAP was an important agency and they did well for the City. Council Member Palmeri questioned what Neighborworks could do that ADVOCAP could not. Mr. Halverson stated that ADVOCAP's mission was to handle poverty issues. He explained that Neighborworks was more about the neighborhood rehabilitation and strengthening. He stated that they try to have a mixed neighborhood with all income levels. Council Member Palmeri questioned the relationship between Neighborworks and other advocacy organizations would be. Mr. Halverson stated that they had overlapping services and tools so they would work together. Council Member Palmeri questioned what services ADVOCAP provided. Mike Bonertz, Executive Director of ADVOCAP, 2929 Harrison Street, explained that they approved neighborhood organization, rehabilitation, homeowner education and counseling. Council Member Palmeri questioned if the resolution was approved, if ADVOCAP would engage with Neighborworks. Mr. Bonertz explained that they would engage with Neighborworks regarding the lower income housing. Council Member Palmeri questioned if ADVOCAP would have applied if there was a request for proposals. Mr. Bonertz stated that he was not sure if they would have applied or not. Council Member Palmeri questioned if ADVOCAP had the rehab funds available. Mr. Bonertz stated that the money had been used for other counties and some areas in Oshkosh. Council Member Palmeri questioned if the chances to receive funds increased by having a neighborhood association request for funding. 9 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mr. Bonertz stated that it would help. Council Member McHugh questioned if Neighborworks would be a corporation and who would decide. Mr. Halverson explained that the decision had not been determined yet and it would be decided by Neighborworks of Green Bay. Council Member McHugh questioned if being a corporation would factor how the Council would conduct business with rules and regulations and the budget process. Ms. Lorenson stated that it would not have any effect on how the Council performs as it was a separate entity from the City. Mr. Rohloff stated that the organization would be authorized to do what was in the term sheet. He stated that they would not have the authority to enforce codes. He explained that they would not be an arm of the City but an extension of the neighborhood. Council Member McHugh questioned what the vision for 2009 was as far as funding was concerned. He questioned if Community Development had plans to rehabilitate the $1 homes purchased. Mr. Kinney stated that as homes were available they would file a request with HUD. Council Member McHugh questioned where the funding would come from. Mr. Kinney explained that $100,000 would come from Block Grant dollars. He stated that a benefit of Neighborworks was their ability to receive funds from National Neighborworks. He stated other funding would come from Oshkosh Community Foundation and other grant sources. Council Member McHugh questioned how the $1 homes purchase would be rehabilitated in 2009 without funding. Mr. Kinney stated that rehabilitation depended on Neighborhood Stabilization Grant Funds. He stated that there were rehabilitation dollars and they would work with other partners and resources available. Council Member McHugh stated that it was unlikely to proceed with rehabilitation in 2009. Mr. Halverson explained that their intent was to work with Oshkosh Community Foundation and other funders to raise dollars for capital projects. He stated that this was a service that they would provide. Mr. Rohloff stated that there was no plan for proceeds to be used this fiscal year. _ He questioned what the years 2010 and 2011 were projecting as far as funding. C. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mr. Kinney explained that the vision was that by helping the project to move forward it would be a multi -year on -going project. He explained that for the first few years it would require effort and funding similar to the funding granted for the first year. He stated that the Council would determine on an annual basis if the desired outcome had been achieved. He stated that the first few years was getting established in the area and then other funding sources would perhaps be generated. Council Member McHugh questioned if the City would be allowed to purchase $1 homes prior to the private sector. He stated that he would like that to be changed so that the City would never take a home from an interested private investor. Mr. Kinney explained that the property was on the market for 6 months prior to the one week that it could be purchased for $1, then it would go back on the market and if no offers were received the City could make a $1 offer. Council Member McHugh questioned if City employees were inspecting City owned property if codes would be stretched to benefit the City. Mayor Tower announced point of order and stated that questions pertaining to the $1 homes would be discussed during the following resolution. Council Member King questioned if Neighborworks of Green Bay received funding as a congressional line. Mr. Halverson explained that they do not receive funding directly as a congressional line. He stated that the funding went through Neighborworks of America and then grants get distributed from there to 240 organizations and affiliates. Council Member King questioned if Neighborworks had decided how much funding they would provide to Oshkosh for the start up of the program. Mr. Halverson stated that a decision had not been made. He stated that the budget was pending on the approval of the resolution. He stated that funds identified in that budget from Neighborworks were dollars granted last year. Council Member King questioned who the grantee was if funds were awarded. Mr. Kinney stated that Oshkosh Housing Authority was the applicant. Council Member King questioned why there was not a request for proposal. She stated that it had not been transparent to other organizations that may have applied. She questioned if there would be a loss of funds from other funding sources if the request for proposal was to take place. 7 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mr. Kinney stated that there may not be a loss of funds from other sources; however, they would not be able to utilize the neighborhood stabilization fund in a collaborative approach with Neighborworks. Mr. Halverson stated that the stimulus package may create additional capital dollars in Oshkosh. He explained that there were short deadlines when submitting applications for funding. Mr. Rohloff explained that the $46,000 would not be available without Neighborworks. Mr. Kinney stated that the City's intent was not to exclude anyone. He stated that with Neighborworks there was an additional opportunity for funding to assist with the program. He stated that Neighborworks had grassroots to neighborhoods organizing and expertise training capabilities. He stated that they had a proven track record. Mr. Halverson stated that the key point was the leverage Neighborworks would bring for additional operating dollars. He stated that they would be able to raise hundreds of thousands of dollars of capital funds for projects in the neighborhoods. Council Member King stated that information provided was great; however, there was nothing to compare it to. Council Member Esslinger stated that he was struggling with the fact that there was no request for proposal. He stated that he would have liked objectives and goals to be listed from Community Development as to what was going to be established in the neighborhood. He questioned if Council could give contract due to it being over the threshold. Ms. Lorenson explained that it fell within exceptions because it was for professional services. Council Member Esslinger questioned if it was correct that the project would be multi -year. Mr. Kinney stated that the vision was to have on -going roles working with neighborhoods. He stated that it would be multi -year with funding granted on an annual basis. Council Member Esslinger questioned why the agreement was written for one year. Mr. Kinney explained that it was a request for funding on an annual basis. He stated that their thought was that it was appropriate action to determine if goals were met and funding was available. Council Member Esslinger questioned if there was enough time in a year to gauge results. 0 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mr. Halverson explained there would be certain indicators; however, it could take years to see accomplishments. He stated that yearly accomplishments would include the neighborhood association to work with the City, governing board and explore programs. He stated that not all of the $1 properties would go to Neighborworks that they may go to other organizations. He stated that Neighborworks may obtain properties independently to be rehabilitated. Council Member Esslinger questioned if next year there could be a request that due to lack of time they needed another year. Mr. Halverson stated that it would be difficult to spend $100,000 and have nothing to report. He stated that the proposed term sheet required a monthly report be produced to Community Development. He stated that this would give clear warning signs if things were not working out. Council Member Esslinger stated that he believed Neighborworks was qualified and did wonderful things; however, he was not comfortable that there was not a request for proposal. Council Member Palmeri questioned how to request that a request for proposal be completed. Ms. Lorenson stated that the best way was to reject the resolution. Council Member McHugh questioned what the back -up plan was if the City had financial difficulty. Mr. Halverson stated that Neighborworks would be held accountable for any rehabilitation work. He stated that Neighborworks was not a sub - contractor for the City; therefore, the City would not be responsible for the properties. Council Member McHugh questioned if the Oshkosh Community Foundation had committed to an annual donation. Mr. Halverson explained that approval was needed by the Board and they met in March. He stated that they had expressed interest in working with Neighborworks as a pilot for change in the neighborhoods. Council Member McHugh questioned why home ownership near downtown was successful in Green Bay and not in Oshkosh. Mr. Halverson stated that he was not sure if efforts had been provided to urge home ownership in Oshkosh. He explained that many of the homes near downtown were larger homes with quality features. Council Member McHugh questioned the number of employees needed for the program. Mr. Kinney explained that funds provided to Neighborworks were for one additional employee. He stated that Mr. Halverson would also provide assistance. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member McHugh questioned if there was intention to conduct rental businesses in Oshkosh. Mr. Halverson stated that there was no intention for rental units in Oshkosh. He stated that they had enough rental property in Green Bay and were not interested in expanding property so far from Green Bay. Council Member McHugh questioned if the program would survive without rental income. Mr. Halverson stated that the rental properties broke even. Council Member Esslinger urged the use of downtown space for office property. Mr. Halverson stated that they needed affordable property as well as property located near the neighborhood. Council Member Palmeri stated that there had been tense relations between City government and various community groups. He stated that it needed to be resolved for neighborhoods to revitalize. He explained that the request for a neighborhood task force had been taken over by this and there had been a lack of clarity of what Neighborworks would be doing. He stated that he would support the resolution after speaking with various neighborhood association presidents from Green Bay. He stated that he was disappointed there was not a request for proposal. He stated that he had hoped this would build better relations with City government and other associations. Deputy Mayor Bain stated that he sees the role of Neighborworks as an umbrella organization. He stated with the added efforts in strengthening of neighborhoods it would happen and that was important. He explained that research showed a decrease in crime as it strengthens bonds with neighborhoods and the police. He stated that this would allow for someone outside of City Hall to organize the process. He stated that he would support the resolution because of the research provided. Council Member Esslinger stated that he would support the resolution. He stated that he did not want to delay the process any longer as time was of the essence. He stated that Neighborworks had shown great results in Green Bay and he was confident the same would be accomplished in Oshkosh. He stated that in the future he would urge the process to be done differently allowing all organizations a fair chance for competition. Council Member King stated that she would support the resolution. She stated that Neighborworks had an impressive track record. She explained that there was not a need for request for proposal due to it being a professional proposal. Deputy Mayor Bain stated that he would like to see a format of responsibilities which would allow for comparison with the monthly reports. 10 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mayor Tower stated that he would support the resolution. He stated that there were high expectations of Neighborworks. Resolution 09 -61 Approval for Department of Community Development to Acquire Properties Foreclosed on by the Department of Housing and Urban Development Through the $1 Home Program and Subsequent Disposition of Properties to Qualified Buyers MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Tower, McHugh, Esslinger, Bain, King, Mayor Tower; Noes (1) Palmeri Council Member Palmeri explained that HUD puts the house on the market for six months and after there was a one week opportunity to purchase the home for $1. He questioned when the City was noticed that the foreclosure was on the market. Susan Kepplinger, Principal Planner, explained that the properties were listed on Best Assets with the listed date. Council Member Palmeri stated that within one week Community Development and the City Manager determine to purchase or not. Mr. Kinney stated that if there was a property of interest, Community Development would bring a plan and acquisition to the City Manager for approval. He explained that they would be prepared prior to the one week. Ms. Kepplinger stated that the process was done in conjunction with non - profit organizations. Council Member Palmeri questioned the organizations that were in conjunction. Ms. Kepplinger stated that those included were ADVOCAP, Habitat for Humanity, Neighborworks and there was a new contact that was a non - profit health care provider. Council Member Palmeri questioned why there was not a committee formed to work on the plan for the house during the six month period it was on the market. He stated that acquisition and plans should be done formally. Mr. Rohloff stated that there would not be enough time. He stated that there was no problem keeping the Council informed on properties that were requested for approval. Council Member Palmeri suggested that in the interest of transparency it would be best to inform the Council and the public of plans to purchase homes. 11 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL. - FEBRUARY 24, 2009 Mr. Kinney stated that there were a number of properties on the list for six months and Community Development did not prepare a plan for each one. He stated that they formed a basic format with other entities and at the end of six months a detailed plan would be worked out in a timely fashion. Council Member Palmeri questioned the number of homes listed on the six month list that ended up on the one week list. Mr. Kinney stated that currently there was zero; however, that changed often throughout the year. Council Member Palmeri questioned the Winnebago Apartment Association if there should be a committee to consult on property purchases. Kevin Dawson, 540 OtterAvenue, Winnebago Apartment Association, stated that conditionally he approved of the resolution. He stated that he agreed there needed to be a streamline approach for the ability to purchase homes. He stated that for transparency there should be community input prior to a final decision. He stated that there was a possibility the City could out -bid an investor. Council Member Palmeri stated that he had concerns about not being transparent. Mayor Tower questioned if it was possible to have a public notification of the homes of interest the last one or two weeks left in the six month period. Mr. Rohloff stated that they would try; however, there were no guaranties due to time frame. Council Member Tower stated that although that would be helpful the Council was not there to micro - manage. Council Member Esslinger questioned if the City could take a home away from an outside interested party. Mr. Kinney explained that HUD was interested in bids that were of more money than the $1 bid from the City. He stated that the City had the one week opportunity to purchase the homes. Resolution 09 -62 Approval of Acquisition of Industrial Park Land / Northwest Industrial Park Expansion — Boschwitz Properties (Town of Oshkosh) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower 12 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Resolution 09 -63 Authorize Borrowing from State Land Trust / Northwest Industrial Park Land Purchase, Convention Centre Furniture and Equipment and Parking Ramp Repairs MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower CITIZEN STATEMENTS Daniel Lynch, 310 South Eagle Street, would like to reduce the number of kids smoking by the schools. He stated that smokers had a reduced life expectancy compared to non - smokers. He stated that he was convinced the police do not want to ticket the kids for underage smoking. Steve Barney, 1335 Summit Avenue, passed out a packet from ICLEI regarding the stimulus funding. He stated that they listed several ways funding could be utilized. He stated that on March 4, 2009 at UWO, Wisconsin Clean Energy Forum would be held in room 307 at 7 pm at Reeve Union. He suggested that notices such as this be publicly noticed. Patricia Deiner, 318 Church Avenue, questioned if there was going to be a deer update. She questioned the time in the contract for allowing shooting. She stated that shooting had been done in the afternoon at the last culling. She stated that she was happy to see Ceape Avenue blocked off so that no one could enter on the ice that way. She stated that she wanted to give credit to the staff person who made that decision. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Council Member Palmeri questioned why the goals of the City Manager were in a closed session. He stated that it fell within the spirit of open meeting laws. He stated that he agreed the evaluation would be completed in a closed session; however, the goals of the City Manager should have public input. He stated that the Council had received an envelope labeled confidential and inside it had included 11 goals of the City Manager. He questioned why the goals were not released to the public. Ms. Lorenson stated that she did not receive the envelope; however, it was intended fora basis of the discussion. She explained the difference between individual goals and goals for the City. She stated that goals and objectives were part of the evaluations as it was stated in the agreement. She stated that she agreed City goals would not be appropriate in a closed session. She explained that a closed session allowed for the most open and honest discussion. She stated that it would be appropriate to release the goals after the discussion. Mayor Tower stated that in the past the goals had been released after the closed session. 13 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member Palmeri stated that he was not aware that it was listed in the agreement to conduct a closed session regarding the goals of the City Manager. Council Member McHugh suggested to divide the motion so the evaluation would be held in closed session and the goals would be for open discussion. He stated that he would not support the goals being in closed session. Ms. Lorenson explained that the proposal was not to set organizational goals. She stated that it was the performance evaluation and personal goals. Council Member McHugh questioned when and where goals were set. Mr. Rohloff stated that providing the goals was a basis of performance to discuss at the meeting. Council Member Esslinger stated that there had not been any guidelines established from the beginning to compare the performance to. He stated that the goals should be public and thought that they could have been announced at the State of the City Address along with a questionnaire of what citizens want for goals of the City Manager. Deputy Mayor Bain stated that it would be hard to separate the two. He stated that goals were a way to improve performance and that they were personal so it would fall into the closed session. He explained that the goals related to the overall City describing goals and weaknesses would be public and should have citizen input. He stated that five out of the seven Council Members had conducted evaluations in closed session as this had been the practice. Council Member Tower stated he had expected to see accomplishments of the last six months rather than goals in the confidential document. He stated that if the goals were for the City then citizens would have been involved. He stated that the budget was the beginning of setting goals. Council Member McHugh stated that the resolution did not allow discussion of goals in or out of closed session. He stated that it requested discussion for past performance. He stated that Council had not provided goals for the City Manager from the beginning. He questioned how evaluations can be completed without having expectations. Council Member Palmeri questioned if the 11 goals received would be discussed in the closed session. Mayor Tower explained that the goals provided were a basis for performance. Council Member Palmeri stated that the process had been a concern. He stated that the goals received were more general then personal. 14 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member Tower stated that the goals provided were part of the performance expectation so there was something to measure his performance with. He stated that there were legitimate ties to performance and evaluation with personal goals. Council Member Esslinger suggested the goals be made public. He suggested the public review them and then at the State of the City they would consider citizen input and announce goals then. He stated that it was unfair to the City Manager to have an evaluation since there had been nothing set to base his performance on. Council Member King explained that the document Council had received was confidential as it was communication from an employee to the employer and was not intended to outline the closed session. She stated that she appreciated the time the City Manager had taken to write the goals since there had been nothing provided to him at the start of his role. Mayor Tower invited everyone to the State of the City at the Convention Centre on March 9, 2009 starting at 6 pm. He explained the program would be the 2008 highlights and accomplishments along with 2009 challenges and strategies. He stated that it would include the presentation of awards for those serving on Boards and Committees. He stated that following the March 10 meeting would be the Energy and Environment Sustainability workshop. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that included in Council packet were three reports regarding projects approved for the 2009 budget. He stated that there was the computer upgrade at Water Filtration Plant, the plans for the Southwest Industrial Park and the study of 9 th Avenue and Westhaven intersection. Council Member McHugh stated that the motion for closed session was to discuss performance evaluation which is what had occurred. Mayor Tower stated that he did not agree with the last part of the statement regarding what had already occurred. Council Member McHugh stated that the evaluation was on the performance of the first six months not what was to happen in the future. Mayor Tower explained that part of that was to set criteria for future performance. Council Member Esslinger stated the Council's employer was the citizens and with no input from the citizens he would not support the motion and would not attend the meeting. Council Member Palmeri stated that there had been enough doubt raised to not proceed with a closed session, therefore, he would not attend the meeting. 15 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Council Member King stated that Council Members were prematurely assuming what the conversation would be regarding performance evaluation of an employee. She stated that the document received had nothing to do with the closed session. Council Member Tower stated that it was the Council's responsibility to perform the evaluation for the citizens as the Council had hired the City Manager. He stated that the performance evaluation should be positive and not negative. He explained that this was the way it had been performed in the past. Council Member Palmeri stated that Council Members were not saying the Council was not responsible for the City Manager evaluations. He explained the issue was what part of the process was public and what part was private. He stated that the public should have input with elected officials regarding goals. He stated that the Council had practiced this process in the past and it had not worked. Ms. Lorenson stated that the closed session allowed for open discussion of an employee. Council Member King stated that personal goals and performance criteria were being confused. She stated that the closed session was to discuss developing criteria for performance evaluations and the goals received had nothing to do with the process. Mr. Rohloff explained the three criteria used for employee evaluations. He stated that one was to review the job description; two were general performances and the third was things to evaluate on. He stated that most of the goals he had listed had been discussed in prior meetings. John Fitzpatrick, Assistant City Manager, stated that the discussion in the closed session may not pertain to goals. He stated that he understood the Council members concerns with transparency. He stated that the Council had a responsibility to evaluate for public interest. He explained that statements made in the public could be cause for litigation. He stated that vigorous dialogue should be reserved for closed session. Council Member Palmeri stated that Mr. Fitzpatrick's comments were appreciated. He questioned what comments would put the City at a liability. Mr. Fitzpatrick explained that Council received citizen input as a continual process. He stated that the information received should be brought to session and discussed. Council Member Palmeri questioned if Mr. Fitzpatrick was advising Council not to speak to the media regarding performances of City employees. Mr. Fitzpatrick stated that he had respect for the media; however, he urged Council to be careful when evaluating an employee in the public as it could create a litigation situation. Council Member Palmeri stated that the public had appreciated the public comments that had been printed in the past regarding employees. 16 PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL - FEBRUARY 24, 2009 Mr. Fitzpatrick stated that it was best to minimize the potential of litigation. Council Member Palmeri stated that he had not understood that once elected for Council that it would require to lose the right of the first amendment. Mr. Fitzpatrick stated that the Council was free to do as they wished; however, be aware of the consequences. Council Member Tower stated that evaluations had never been completed in one session and this was a start. Council Member Esslinger requested the City Attorney to provide a written legal interpretation of what Mr. Fitzpatrick had spoke about regarding how a Council Member should speak regarding performances of City staff. MOTION: TO CONVENE INTO CLOSED SESSION FOLLOWING THE ADJOURNMENT OF THIS MEETING TO DISCUSS THE PERFORMANCE EVALUATION REGARDING THE CITY MANAGER, AN EMPLOYEE OVER WHICH THE COMMOM COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILTY PURSUANT TO SECTION 19.85(1)(c) OF THE WISCONSIN STATE STATUTES. (Bain; second, Mayor Tower) CARRIED: Ayes (4) Tower, Bain, King, Mayor Tower; Noes (3) McHugh, Esslinger, Palmeri MOTION: ADJOURN ( Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 9:01 p.m. PAMELA R. UBRIG CITY CLERK 17