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HomeMy WebLinkAboutMinutes from 09082009PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOIH ON THE WATER REGULAR MEETING held Tuesday, September 8, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Dennis McHugh, Harold Buchholz, Tony Palmeri, Jessica King, Bob Poeschl, Burk Tower and Mayor Esslinger ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Dave Patek, Director of Public Works Council Member McHugh read the Invocation and led the Pledge of Allegiance. PUBLIC HEARINGS Resolution 09 -350 Approval of Final Resolution for Special Assessments for Storm Sewer Laterals (Murdock Avenue and Doemel Street) MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger There were no appearances and the Public Hearing was CLOSED. Resolution 09 -351 Approval of Final Resolution for Special Assessments for Sanitary Sewer Lateral Relay (North Main Street 400 Block) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Madonna Hill, owner of Harmony Wellness Center, 456 North Main Street, questioned if the relay related to the alley way or the relay from the back of the buildings to the alley way. Mr. Patek explained Public Works would be relaying the laterals up to the property line. Ms. Hill stated that her concerns were with the relay from the middle of the alley to the back of her building where the storm drain would freeze and cause the roof to leak at her property. Mr. Patek explained that the project was to fix the sanitary sewer laterals and storm sewer laterals were not being fixed in the parking lot. 1 Council Member Poeschl stated that in the resolution it listed storm sewer lateral. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8 2009 Mr. Patek stated that he would make the correction. There were no further appearances and the Public Hearing was CLOSED. CONSENT AGENDA Approval of Minutes from July 28, 2009 and August 11, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Approval to the Vietnam Veterans of America, Chapter 437 Utilize City Northeast Corner of South Park for their Annual POW /MIA Ceremony on September 13, 2009 and hold their Orange Blossom Drive at Various Locations on October 16 -17, 2009. Approval to the Downtown Oshkosh Business Improvement District Marketing Consortium Utilize Opera House Square and City Streets for their Annual Trick or Treat Event/ October 29, 2009. Approval to the residents of Clover Street for a Block Party September 20, 2009. Approval to Trinity Lutheran School Utilize City Streets for their Fun Run September 25, 2009. Receipt of Claim filed with the City's Insurance Company Frank St. John, for alleged damage to vehicle as a result from a blocked yield sign. Resolution 09 -352 Award Bid for Public Works Contract No. 09 -18 to Northeast Asphalt, Inc. for Asphalt Paving and Underground Work ($356,060.05) Resolution 09 -353 Approve Setting Public Hearing Date to Vacate Portion of Rainbow Drive, West of Punhoqua Street (Plan Commission Recommends Approval) Resolution 09 -354 Approve Setting Public Hearing Date to Vacate Portion of an Alley North of East Linwood Avenue between Ashland Street and Harrison Street (Plan Commission Recommends Approval) Resolution 09 -355 Amend Borrowing from State Trust Fund for South Shore Redevelopment Project Area Resolution 09 -356 Rescind Taxes (Personal Property for West Murdock Auto Sales) 2 PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8 2009 Resolution 09 -357 Approve Combination "Class A Operator's Licenses and Junk Collector License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 09 -355 CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -355 Amend Borrowing from State Trust Fund for South Shore Redevelopment Project Area MOTION: ADOPT (Palmeri; second, Tower) CARRIED: Ayes (6) Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger; Noes (1) McHugh Council Member McHugh questioned why the City was borrowing when other government agencies were saving and making cuts. Mr. Rohloff explained that the State was holding due to their fund balances were limited. Peggy Steeno, Finance Director, explained that the State had an unusual number of community request loans; therefore they needed to cut back. Council Member McHugh questioned why the City was not cutting back on projects during these economic times. Mr. Rohloff stated that the resolution was to approve the borrowing for the project that had been previously approved by Council. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 09 -358 Approve Building Permit Fee and Inspection Fee Increases MOTION: ADOPT (Poeschl; second, Buchholz) MOTION: TABLE (Poeschl; second, McHugh) WITHDRAWN MOTION: LAYOVER UNTIL OCTOBER 13, 2009 (Poeschl; second, Buchholz) CARRIED: Ayes (4) McHugh, Buchholz, Palmeri, Poeschl; Noes (3) King, Tower, Mayor Esslinger Council Member Poeschl stated that there was concern with the operations of the Inspections Department and he was uncomfortable raising fees while there were issues in the department. Mr. Rohloff explained that the fees had been reviewed from a comparable standpoint. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Council Member Buchholz suggested reviewing the fees during the budget process Mr. Rohloff stated that the fees were part of an estimate for revenue for next year's budget and increasing the fee at this time would allow notice for the contractors to prepare their budgets. Council Member McHugh suggested holding a workshop. Council Member Palmeri suggested that administration provide communication as to how issues in the department would be assessed and addressed. He explained that he would not support the fee increase until issues in the department were reviewed. Council Member McHugh stated that he was concerned that the Health Department and Inspection Department did not have budgets and questioned what the incentive was to maintain costs. Deputy Mayor Palmeri questioned the mechanism to ensure that the ordinance would be brought back to Council. Council Member Poeschl explained that he wanted Council's concerns addressed prior to approving the ordinance. Council Member Tower stated that the Council needed to move forward with the fees and address concerns through strategic planning or with goal setting. Council Member King questioned when the budgets from each department were to be submitted to the City Manager. Mr. Rohloff explained that departments had submitted their expenditure side of the budget and their revenue budget was due next week. He explained that the Inspections Department recovered two thirds to three quarters of their cost and maintained fees equal to other communities. Council Member King explained that the Inspection Department had sent a letter to contractors requesting input on the fee increases. Allyn Dannhoff, Director of Inspections Services, stated that there was no feedback from the contractors. Council Member King stated that she would not support to table the ordinance due to the contractors had not responded to the fee increase letters and the comparison of similar fees from surrounding communities. She stated that the office had nine inspectors including Mr. Dannhoff and her concern was that there was not enough personnel in the department and questioned what the staff size was with the communities listed as comparisons. M Deputy Mayor Palmeri questioned if the ordinance was tabled what would take place during now and October 13 He suggested the layover be for the purpose that administration provide Council with communication regarding issues of that department. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Council Member Poeschl explained that he was requesting feedback regarding inspections and its relations to the community and fees. Council Member Buchholz stated that he would support having the discussion held during the budget time. Council Member McHugh requested to have information provided regarding the number of employees from those communities that provided data pertaining to fees. He stated that he would support the layover. Council Member Palmeri explained that due to the nature of the Inspections Department they would not satisfy all citizens. Mayor Esslinger stated that he would not support the layover as he would prefer to make cuts rather than raise revenue. Ordinance 09 -359 Change Penalties for Parking Violations FIRST READING; LAYED OVER UNDER THE RULES Steve Barney, 1335 Summit Avenue, stated that he was concerned with the time frame that parking fines increased. Resolution 09 -360 Authorize Acquisition of Properties from Oshkosh Area School District; Authorize Agreement with Oshkosh Area School District for School District's Use of Properties: (Plan Commission Recommends Approval) A) Portion of 325 South Eagle Street for Construction of Stormwater Management Basin B) Portion of 1100 West Smith Avenue for Construction of Stormwater Management Basin C) Maintenance Facility Building Property at 137 South Campbell Road MOTION: ADOPT (Tower; second, Palmeri) MOTION: DIVIDE INTO THREE PARTS: PART A BEING PORTION OF 325 SOUTH EAGLE STREET FOR CONSTRUCTION OF STORM WATER MANAGEMENT BASIN; PART B BEING PORTION OF 1100 WEST SMITH AVENEUE FOR CONSTRUCTION OF STORM WATER MANAGEMENT BASIN; AND, PART C BEING MAINTENANCE FACILITY BUILDING PROPERTY AT 137 SOUTH CAMPBELL ROAD (McHugh; second, Palmeri) CARRIED: Ayes (5) McHugh, Buchholz, Palmeri, Poeschl; Mayor Esslinger; Noes (2) King, Tower Council Member Buchholz questioned if this was a package deal and not allowed to be voted on separately. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Ms. Lorenson explained that it was a package deal, each could be voted on separately; however to be accepted by the School Board all of them needed to be approved. Mayor Esslinger stated that he would support to divide the resolution and provide the School Board with them listed separately. Resolution 09 -360A Portion of 325 South Eagle Street for Construction of Storm water Management Basin MOTION: ADOPT (Palmeri; second, McHugh) MOTION: REDUCE $359,450 TO $295,462 (Esslinger; second, Palmeri) LOST: Ayes (3) McHugh, Palmeri, Mayor Esslinger; Noes (4) Buchholz, King, Poeschl, Tower VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger; Noes (1) McHugh Council Member McHugh explained that he would not support all three proposals together because he felt the School District was controlling how the City should proceed. He stated that the land was not needed and purchasing the three parcels was to provide funding for the School District to purchase a building for their maintenance needs. Deputy Mayor Palmeri questioned what the City was receiving for $359,450. Mr. Patek explained that the City would receive 11.7656 acres of land to use for storm water management. Deputy Mayor Palmeri questioned what would happen to the land if the City chose not to approve the resolution. Mr. Patek stated that they would continue to use the land as open space for the school. Deputy Mayor Palmeri questioned if part of the proposal included the City to build a track. Mr. Patek explained that the area would be graded for a track out of grass, similar to the football or soccer fields. Deputy Mayor Palmeri questioned if the $359,450 figure was an assessment of the land. R Mr. Patek stated that it was a spilt of the two appraisals that were completed. Council Member Buchholz questioned the expense to prepare the track after the basin was complete. Mr. Patek stated that there was no additional expense to complete the track. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Mr. Rohloff explained that the City needed to restore the pond as a natural state and that included planting grass. Council Member Buchholz questioned who was responsible for removing the solid waste. Mr. Patek stated that there was no solid waste. Mr. Rohloff stated that it was a dry detention pond. Council Member Buchholz questioned if it needed to be drained after a 100 year storm. Mr. Rohloff stated that it would naturally drain. Council Member Buchholz questioned where the total suspended solids would go. Mr. Rohloff explained that a dry pond took the water away and would not clean storm water. Council Member Buchholz questioned if there would be residue left on the field. Mr. Rohloff stated that the residue would be drained into the soil within a 24 hour period and the School District was responsible for the maintenance of the lawn. Council Member Buchholz questioned if the construction cost of the dry retention basin of $2.3 million was correct. Mr. Rohloff stated that it was the project total. Mr. Patek explained that the construction included two different parts; the first, was to build the detention basin on the 11.76 acres and the second was to build the storm sewer out to highway 41. Council Member Buchholz questioned how much relief the project would provide regarding flooding and what the benefit was to the residents in the area. Steve Gohde, Assistant Director of Public Works, stated that the best reference was to review the maps that were provided. Mr. Patek stated that there would be a great deal of benefits. He explained that Council had provided approval for staff to proceed in this direction at a previous meeting. 7 Mayor Esslinger explained that per a conversation with the Director of Public Works there were two non essential items in the project; one was, the walkway and the other was a drain tile totaling $63,988 which would benefit the School District at the expense of the City. He stated that it was a cost the School District should incur. Council Member Buchholz questioned if the tiles could be removed and what the effect would be. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8 2009 Mr. Rohloff stated that he was concerned with the direction Council was moving regarding the proposal presented. He explained that the walkway and tiles were part of the negotiations that had been worked on for months; in exchange the School District would maintain the track and pond; therefore there would be no cost to the City. Council Member McHugh explained that the City had opportunity to acquire land for expansion in previous years and should not purchase contaminated land that would be an additional cost to taxpayers for clean up. Deputy Mayor Palmeri explained that negotiations should have been in an open meeting as both entities were tax supported and citizens should have input. He questioned if the walkway was to be removed. Mayor Esslinger explained that the intent was that the City would not fund the walkway Deputy Mayor Palmeri questioned if eliminating the walkway was an option. Mr. Rohloff stated that for the land to be used as a field the walkway was required. He explained that Council had been provided updates on the project since last spring with weekly newsletters regarding discussions held with the School District. He explained that the cost for the project was in the budget and there was a savings of of $1 million under budget. He stated that for the School District to move forward they needed the package deal. Council Member Tower stated that the package deal allowed the City to move forward with storm water retention which was important to all citizens of the community. He stated that he was opposed to dividing the package deal and to have faith in the staff and their level of expertise. Council Member Poeschl questioned if the City was required to install the ADA walkway if the proposal was approved. Mr. Rohloff stated that the School District could install the walkway independently with permission from the City. He explained that as part of the package the City agreed to provide those items that benefited the School District for use of the field. He explained that currently the School District was not required to have accessibility because of a grandfather clause; however once construction began and changes occurred they would be required to install an accessibility walkway. Council Member Buchholz stated that he would not support reducing the funds as it interfered with the negotiations that had taken place. Council Member King explained that changes to the resolution contaminated the deal and would need additional deliberations or reject the proposal with the changes. She stated that storm water management was a priority in the City and not approving the resolution would delay the flood abatement. She explained that the City had a unique roll in cleaning up the contaminated land and the $100,000 placed in escrow by the School District should be taken on as environmental stewards as part of the package. She stated that there were appraisals to back the amount for purchase. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8. 2009 Deputy Mayor Palmeri stated that flood abatement was a priority. He explained that all government entities had responsibility for flood abatement and it was not unreasonable for the School District to pick up the cost for the walkway and the drain tile totally $63,988. He stated that he would support the amendment. Mayor Esslinger stated that he felt the proposal came before Council contaminated and this was the Council's opportunity for negotiating and that negotiations should have been completed in open sessions. He explained that flood abatement was important; however City funds should not have to be spent for another entities benefit. Mr. Patek stated that he disagreed that the items were non essential because after ten years the $60,000 would be paid for because the City would not have to maintain the property, after the ten years the City would be ahead $6,000 per year. Mayor Esslinger explained his conversation with Mr. Patek and questioned him if there were items the City did not need with the project and these two items were outlined. Mr. Patek stated that he should have reminded Council that those two items were of value because the school would maintain the property and that was a benefit to the City. Mayor Esslinger questioned if the drain tile and ADA walkway were not included would the deal fall through. Mr. Patek explained that the proposal was suppose to be a win /win for both entities. He stated that it was correct the deal would fall through if the City did not agree to the drain tiles and ADA walkway. He stated the School District benefited from the use of the athletic fields and the City benefited from storm water management. Council Member McHugh questioned why the Council was not involved in negotiations. He stated that the City was receiving 2 acres, not 11 acres. Mr. Patek explained that Council Members were included as Mr. Rohloff provided updates throughout the negotiations. Council Member King questioned the acreage. Mr. Patek stated that the property indicated 11.76 acres for Tipler 9 Council Member McHugh stated that 11 acres was not needed, it was included to offset funding for the School District to build a new garage. He questioned if the detention pond would be constructed this year. Mr. Rohloff stated that the retention pond would be constructed this year. Resolution 09 -360B Portion of 1100 West Smith Avenue for Construction of Storm water Management Basin MOTION: ADOPT (Poeschl; second, Palmeri) CARRIED: Ayes (6) Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger; Noes (1) McHugh PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Resolution 09-360C Maintenance Facility Building Property at 137 South Campbell Road MOTION: ADOPT (Palmeri; second, Buchholz) CARRIED: Ayes (4) Buchholz, King, Poeschl, Tower; Noes (3) McHugh, Palmeri, Mayor Esslinger Deputy Mayor Palmeri stated that he would not support the resolution in hope to negotiate with the School District other options regarding a combined central garage. Mr. Rohloff explained that if the resolution was not approved as a package deal, the bids accepted would have expired. He stated that if approved construction could begin this fall and the bid came in $1.1 million less than anticipated. Mr. Gohde stated that typically bids were valid for 30 days and with this project there was an extension added for 45 to 60 days due to the controversy. Mr. Patek explained that accepting the resolution was not committing to the central garage location; the next step was to revisit the 1990 study because there were other locations presented that would be investigated. Mayor Esslinger questioned what the intent of land was if the City was not going to use it. Mr. Patek explained that there were many options; sell it for commercial property or redevelop it. He stated that the City was a good neighbor for the Wastewater Treatment Plant. He explained that it was questionable if the School District garage would be better suited with another department rather than Public Works. Mr. Rohloff stated that banking land put the City in a better position as a larger piece of land was more desirable. Mayor Esslinger questioned the responsibility of staff to spend $435,000 on contaminated property that may not be used. Mr. Rohloff explained that the $435,000 represented an average of the two appraisals and did 10 not include the $100,000 in escrow by the School District for clean up of the land. Mr. Patek stated that the City's intent was to use the property. Council Member McHugh explained that a member of the Plan Commission suggested not to use the property on Witzel Avenue for expansion due to its location; it would be best used for river development. Council Member Buchholz questioned why the City would incur additional cost for clean up if it exceeded $100,000. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8 2009 Mr. Rohloff explained that the cost for clean up could be $30,000 to $250,000 with an estimated cost of $100,000. He stated that the $100,000 was an agreed estimate between the City and the School District, also the School District needed a certain amount of cash to complete the deal and the $722,000 was that number. Council Member Buchholz questioned if the City was required to develop a maintenance building for the School District therefore the City would be required to use that land for a central garage. Mr. Rohloff explained that the obligation of the City was to allow the School District to use their current building on Witzel Avenue for 18 months. He stated that option had been discussed at a workshop as a possibility. Mr. Patek stated that the School District would remain in the building until July 1, 2011. Council Member Buchholz stated that conflicted with other opportunities for development of the land. Mr. Rohloff explained that City crews would be used on a as needed basis for demolition after the remediation work was completed. Deputy Mayor Palmeri questioned if the building at 137 South Campbell Road was owned by taxpayers. Mr. Rohloff stated that was correct. Deputy Mayor Palmeri questioned why taxpayers would spend $435,950 on a building that they currently owned. Mr. Rohloff explained that this arrangement happened on a regular basis with government agencies. Deputy Mayor Palmeri suggested trading land rather than having taxpayers purchase the land 11 twice. Mr. Rohloff stated that was incorrect, he explained the City was taking funds that initially paid for the land and would give it to the School District, it was a change of accounts as to where the funds went. Deputy Mayor Palmeri stated that his belief was the citizens would not vote to purchase parcels they currently owned. Mr. Rohloff explained that it benefited the taxpayers by the City having control of the land. Deputy Mayor Palmeri stated that he was concerned with purchasing contaminated land for $435,950, when the City chose not to purchase the Chamber Building, which could have been utilized and had no contamination. He also stated his concern with the dollar amount. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Mr. Rohloff explained that there were two independent appraisals completed. He explained that the Chamber Building's value was in the building and the land parcel was smallerthan the proposed site. Council Member Poeschl stated that the City had responsibility to revitalize the land and that the central garage should not be centrally located. He stated that he would support the resolution as it would make the area greener and assessable to the riverfront. Council Member Tower explained that the building was being paid for once and the otherfunds would be used to construct a maintenance facility for the School District. He stated that if the funding did not come from this transaction the School District would have to go directly to the taxpayers. Council Member Buchholz questioned if rent would be owed to the City from the School District. Mr. Patek explained that in the memo it was stated that the School District would not pay rent for their use of the property; however they would be responsible for utilities and maintaining the property. Mayor Esslinger stated that the School District was successful in passing a referendum, they need funds for their maintenance facility and they can not bond for capital improvements. He explained that this proposal generated enough funds for the School District to build their building by taking another piece of property off the tax rolls that the taxpayers had to fund. He stated that the City needed to stop bailing out the School District. Council Member Buchholz commended the Mayor for his efforts in trying to bring the School Board and City Council together for negotiations. Council Member Poeschl urged Council to continue to have conversations with the School Board with the possibility of trading services. Resolution 09 -361 Approve Conditional Use Permit to Develop a Dry Storm Water 12 Basin on a Portion of the Property at 325 South Eagle Street (Plan Commission Recommends Approval) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger Resolution 09 -362 Award Bid for Public Works Contract No. 09 -13 to Buteyn- Peterson Construction Company, Inc. for Tipler Storm Water Improvements ($562,369.15) MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Resolution 09 -363 Award Bid for Public Works Contract No. 09 -20 to Four -Way Construction of Wisconsin, Inc. for Mini Storm Sewer and Storm Sewer Laterals ($40,663.02) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (6) Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger; Present (1) McHugh Council Member McHugh stated that he would vote present due to a conflict with the property. CITIZEN STATEMENTS Dick O'Day, 715 Hazel Street, stated that he was concerned with the Council's decision to allow the 15 minute video at the last meeting. He explained that rules were there for a reason and urged Council to refrain from allowing extra time unless they would be willing to allow all citizens extra time. He urged the Council to continue developing a process to fill a vacant Council seat. Bonnie Alexander, 1585 Maricopa Drive, stated that she was concerned with the City purchasing the Westhaven Golf Course and urged the Council not to approve the proposal if it was brought before them. She suggested using the six acres of open land in the middle of Westhaven for a pond. She stated that the City would be violating covenants if they moved forward with purchasing the golf course. She stated that the notice for the public input meeting would not be sufficient time and the time of the meeting conflicted with employment of those that wanted to attend. She questioned how the Council and staff were going to make cuts in the budget. Wayne Alexander, 1585 Maricopa Drive, stated that he appreciated Mayor Esslinger's efforts in receiving answers regarding Westhaven Golf Course situation. He explained that adding ponds would shorten the course and change the pars. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION 13 Mayor Esslinger questioned the policy regarding Council Members and their discussions with department heads. Mr. Rohloff stated that was not a policy. He explained that policy issues should be discussed with himself and not department heads; however any general information could be discussed with department heads. He stated that this was to avoid conflict with the different departments. He questioned Council if their preference was a workday evening or weekend when planning workshops. Council Member Tower stated that his preference was to hold workshops on weekends as he did not have week nights available. He stated that there needed to be a timeframe set for workshop meetings. Council Member Poeschl's preference was for early morning on a weekday. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Council Member King supported holding workshops on the weekend, the third or fifth Tuesday evening. Council Member McHugh stated that he did not prefer weekends, early morning weekdays and not during deer hunting. Council Member Buchholz stated that he would prefer Saturday morning although he could attend an evening meeting, but not weekday morning or afternoon as he worked. Deputy Mayor Palmeri stated that early mornings worked best for him. Mayor Esslinger announced on October 6 from 6 pm to 9 pm there would be a workshop regarding strategic planning. Deputy Mayor Palmeri suggested a workshop regarding tourism management. Council Member Tower stated that the meetings and workshops were getting out of hand. He suggested having a certain number of meetings per month and for a limited amount of time. Mayor Esslinger stated that he agreed that the number of workshops were increasing significantly; however there was a need for them. Mr. Rohloff suggested providing information regarding topics to be discussed at a Council Meeting rather than holding a workshop and provide information in advance. He stated that information regarding fee schedules could be handled as suggested. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff announced that there was a contract awarded to Strand Associates for the reconstruction of Washburn Street from State Trunk Highway 26 to Ripple Avenue; an amendment for the basin design at Tipler School and for the Campbell Creek Storm Water 14 Model Conversion and 100 Year Flood Extend Maps. He announced that September 15 and 17 at 5:30 pm there would be public informational meetings regarding Sawyer Campbell Creek. He explained that an open house would begin at 5:30 pm, where public would have a one on one interaction with staff and then at 6 pm there would be a presentation by staff and following would allow for public questions and comments. Council Member Tower questioned if the assumption was that the Council would attend the meetings in September. Mr. Rohloff stated that it was not expected that Council attend both meetings. He stated that it would be taped for viewing and it would be noticed. He explained that the bid for the project came in at a reasonable amount and the saving from the Tipler project allowed for the construction to begin before 2010. He stated that he met with representatives from Department of Natural Resources regarding the Wildlife Committee and they thought it was appropriate that they not be a member of the committee; however they would provide support as necessary. He explained their suggestion was to hire a facilitator rather than having a chair person due to the conflict of interest. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER H, 2009 Deputy Mayor Palmeri questioned if the members would include a City staff person. Mr. Rohloff stated that it would not be appropriate to have a staff person on the committee. He explained that staff would be available for support the same as the DNR. Deputy Mayor Palmeri stated that it should be a permanent committee and urged for an ordinance to form the committee. Council Member McHugh stated that he would not support a facilitator on the committee. Mr. Rohloff stated that the draft for the special events policy was in the Council's packet and could be discussed. Ms. Lorenson stated that the policy would be available on the City's website and mailed to the groups that have held special events along with a cover letter requesting their input or questions they may have. Deputy Mayor Palmeri questioned if the policy should be presented to the Parks Board for their advice and vote. Ms. Lorenson stated that they could provide it to the Parks Board. Mr. Rohloff stated that it was appropriate to present the policy to the Parks Board as the majority of events were held in the parks. Council Member Buchholz questioned if there was a cost evaluation included with the City's cost of involvement regarding special events. Ms. Lorenson stated that could be included. 15 Council Member Buchholz questioned if the procedure was typical or complex. Ms. Lorenson explained that it was broken down because not every stipulation applied to every event. Council Member Poeschl stated that he was concerned with the insurance request and the small organizations that may not provide insurance due to their size. Mr. Rohloff explained the change order with AECOM. PROCEEDINGS OF THE COMMON COUNCIL SEPTEMBER 8 2009 MOTION: THE COMMON COUNCIL CONVENE INTO CLOSED SESSION TO DISCUSS: A) BARGAINING STRATEGY, OPTIONS AND PARAMETERS RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITH AFSCME 796, AFSCME 7968, AFSCME 796C, LOCAL NO. 316, I.A.F.F., OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION AND OSHKOSH POLICE SUPERVISORS ASSOCIATION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. B) TO DISCUSS BARGAINING STRATEGY, OPTIONS AND PARAMETERS RELATED TO THE NEGOTIATION OF AN AGREEMENT WITH THE OSHKOSH OPERA HOUSE FOUNDATION, INC. RELATED TO THE OPERATION, MAINTENANCE AND OWNERSHIP OF THE GRAND OPERA HOUSE PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. C) TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY 16 PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES. After a short discussion of the Council, it was agreed it was not necessary to go into closed session regarding the Grand and by a friendly amendment section b was removed from the motion. CARRIED: Ayes (7) McHugh, Buchholz, Palmeri, King, Poeschl, Tower, Mayor Esslinger MOTION: ADJOURN (Palmeri; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 8:42 p.m. PAMELA R. UBRIG CITY CLERK 17