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HomeMy WebLinkAboutCouncil Minutes from 8/23/2011PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OfHKOIH ON THE WATER REGULAR MEETING held Tuesday, August 23, 2011, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison - Aasby, Tom Pech, Jr., Steve Cummings, Steven Herman, Jef Hall and Mayor Burk Tower EXCUSED: Bob Poeschl ALSO PRESENT: Mark Rohloff, City Manager; Angela Joeckel, Deputy City Clerk; David Praska, Assistant City Attorney; and Dave Patek, Director of Public Works Council Member Allison -Aasby read the Invocation The Pledge of Allegiance was led by Council Member Allison -Aasby CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, stated he would like smoking bans enacted in areas where children were likely to play, in cars when minors were present, in public government supported housing, in foster homes as long they were accepting children in foster placement, and in private homes when children were present. Bob Cornell, 548 W. Smith Avenue, invited the public to attend the Fall Family Fun Fest on September 11 at the Senior Center. He mentioned the Granny Smith 5K RunMalk would be held on October 8th. He also asked the Council to review the parking policy for the parking lot relating to reserved stalls for boat trailers. PUBLIC HEARINGS Resolution 11 -363 Approve Final Resolution for Special Assessments / Cold -Mix Asphalt Paving (Linwood Avenue, Sterling Avenue, Sheridan Street, Bismarck Avenue, Georgia Street, Hubbard Street, 19 Avenue) (Petitions Filed Requesting Concrete Curb and Gutter on 19 Avenue and Bismarck Avenue) MOTION: ADOPT (Herman; second, Pech) MOTION: AMEND TO REMOVE 19 AVENUE AND BISMARCK AVENUE (Herman; second, Pech) CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Hall, Mayor Tower 1 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 VOTE ON AMENDED RESOLUTION CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Hall, Mayor Tower Joe Berndt, 1902 Ohio Street, stated he submitted a petition requesting concrete curb and gutter on 19 Avenue instead of the cold -mix asphalt. Rich Schneider, 1933 Knapp Street, also owned the property at 1118 Bismarck Avenue. He submitted a petition requesting concrete curb and gutter on Bismarck Avenue instead of the cold -mix asphalt. Resolution 11 -364 Approve Final Resolution Vacating Portion of Rath Lane Adjacent to 1424 Rath Lane, 1900 Omro Road and 1896 Omro Road (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Hall, Mayor Tower Norm Mueller, 437 Hazel Street, stated he was the petitioner for Rath Lane and was available to answer questions. Ordinance 11 -365 Approve Amendment to Chapter 30 Zoning Ordinance to Create a Definition and Regulations Pertaining to Murals (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 11 -366 Approve Amendment to Chapter 30 Zoning Ordinance to Repeal and Recreate the Nonconforming Structure and Use Regulations (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Bob Cornell, 548 W. Smith Avenue, was the chairperson for the Board of Appeals and wanted the Council to know that the Board of Appeals supported the ordinance. Ordinance 11 -367 Approve Rezoning the Area Bounded by Otter Avenue on the North, State Street / Main Street on the West, Court Street / Broad Street on the East and the Fox River on the South From C -3 Central Commercial to C -3 Central Commercial with a Planned Development Overlay and From C -3 Central Commercial with a Downtown Overlay to C -3 Central Commercial with a Downtown Overlay and Planned Development Overlay (Plan Commissions Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 2 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 CONSENT AGENDA Approval of Bills presented by the Finance Director. Receipt and Filing of Museum Board Minutes from July 7, 2011 Approval of Cash Report from July 2011 Receipt and Filing of Common Council Minutes from July 26 and August 10, 2011 Receipt of Claim filed with the City's Insurance Company / Ingrid Corlett for Alleged Damage to Tire Due to Street Construction Receipt of Claim filed with the City's Insurance Company / Alex Toney for Alleged Damage to Tire While Driving on High Avenue Receipt of Claim filed with the City's Insurance Company / Kevin Abitz for Alleged Property Damage Due to Sewage Back Up into Basement Receipt of Claim filed with the City's Insurance Company / Jane Doefer for Alleged Damage to Tire While Driving on High Avenue Receipt of Claim filed with the City's Insurance Company / M.P. Kelly, Inc. for Alleged Damages While Locating a Storm Sewer Lateral Resolution 11 -368 Accept Easement from the Oshkosh Area School District between 1400 and 1412 West 9 th Avenue on the Franklin School Property (Plan Commission Recommends Approval) Resolution 11 -369 Approve Memorandum of Agreement Between the US Coast Guard, State Historic Preservation Office, and Wisconsin Central Ltd. And Accept Curation Plan Provisions / Replacement of the Wisconsin Central Ltd. Bridge over the Fox River Council Member Herman questioned when construction of the new railroad bridge would begin. Mr. Rohloff indicated the construction of the new railroad bridge would be a 2012 project. Resolution 11 -370 Award Bid to Miller- Bradford and Risberg Inc., for an Asphalt Paver for the Street Division in the Amount of $129,000.00 Resolution 11 -371 Award Bid to G &K Services for Cleaning Services of Shop Supplies and Uniforms for Transit, Facilities Maintenance, Sanitation, Water Filtration, Central Garage, Wastewater and the Golf Course in the amount of $26,123.50 per year 3 PROCEEDINGS OF THE COMMON COUNCIL —AUGUST 23, 2011 Resolution 11 -372 Award Bid System to J.F. Ahearn Company for Fire Suppression Installation Project for Information Technology Division Server Room in the Amount of $24,911.00 Resolution 11 -373 Award Bid for Public Works Contract No. 11 -08 to Stone Creek Contractors, LLC for the Hughes Street Culvert Replacement at Glatz Creek ($184,987.00) Resolution 11 -374 Approve Initial Resolution for Special Assessments / Cold -Mix Asphalt Paving (Rockwell Avenue) Resolution 11 -375 Recreate Voting Districts Bob Cornell, 548 W. Smith Avenue, stated the maps of the voting districts on the City website were hard to define. Resolution 11 -376 Approval of Special Event — Oshkosh Foursquare Church / Movie by the Square — August 27, 2011 Resolution 11 -377 Approval of Special Event — 4tk Ministries and Oshkosh Foursquare Church / 4tk Annual Labor Day Tourney — September 2 and 3, 2011 Resolution 11 -378 Approval of Special Event — UW- Oshkosh and Oshkosh YMCA / Oshkosh Dragonboat Race and Festival — September 24, 2011 Resolution 11 -379 Approval of Special Event — Oshkosh North Student Council / Oshkosh North Homecoming Parade —October 7, 2011 Resolution 11 -380 Approval of Special Event — Bella Medical Clinic / Walk for Life 2011 — September 24, 2011 Resolution 11 -381 Approval of Special Event — Oshkosh Mid Morning Kiwanis / Kick'n It for Kids — September 10, 2011 Resolution 11 -382 Approval of Special Event — St. John Neumann (Unified Catholic Schools) / St. John Neumann Cross Country Meet — September 20, 2011 Resolution 11 -383 Approval of Special Event — Lourdes High School Student Governing Board / Lourdes High School Homecoming Parade — September 23, 2011 Resolution 11 -384 Approval of Special Event — April Zink — Ally's Angel's — September 10, 2011 2 PROCEEDINGS OF THE COMMON COUNCIL —AUGUST 23, 2011 Resolution 11 -385 Approval of Block Party Request — Wheatfield Way between Ruschfield Drive and Timothy Trail / September 3, 2011 Resolution 11 -386 Approval of Block Party Request — Walnut Avenue between West New York Avenue and Congress Avenue / September 10, 2011 Resolution 11 -387 Approve Appointments to Boards and Commissions: Board of Review, Urban Wildlife Committee and Downtown Bid Board Resolution 11 -388 Disallow Claim by Thomas Laviolette (for Alleged Vehicle Damage Due to Being Struck by a Fire Truck) Resolution 11 -389 Approve Special Class "B" Licenses MOTION: ADOPT CONSENT AGENDA (Cummings; second, Pech) CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Hall, Mayor Tower ACTION TAKEN ON ORDINANCES & RESOLUTIONS Ordinance 11 -390 Repeal and Recreate Solid Waste Disposal / Section 23 -1, Definitions / Section 23 -3, Recycling Required, Relating to Separation of Designated Materials / Section 23 -8, Point of Storage and Point of Collection, Related Storage of Carts and Placement for Collection / Section 23 -9, General Requirements, Related to Cart Exemption Program / Section 23 -15, Non - Resident Refuse Disposal Prohibited Related to Fees MOTION: ADOPT (Hall; second, Herman) MOTION: AMEND TO INSERT AN ADDITIONAL SECTION REQUIRING CITY STAFF TO ISSUE A WRITTEN WARNING PRIOR TO THE ISSUANCE OF A CITATION FOR VIOLATIONS OF THIS CHAPTER RELATED TO STORAGE OF RECYCLING OR REFUSE CONTAINERS CARRIED: Ayes (4) Allison - Aasby, Herman, Hall, Mayor Tower Noes (2) Pech, Cummings MOTION: AMEND TO PROVIDE FOR A TIERED FORFEITURE SCHEDULE FOR VIOLATIONS OF SECTION 23 -8 RELATING TO THE POINT OF STORAGE AND POINT OF COLLECTION FOR CONTAINERS TO PROVIDE FOR A $25 (PLUS COURT COSTS) FORFEITURE FOR A FIRST VIOLATION, $50 (PLUS COURT COSTS) FOR A SECOND AND $75 (PLUS COURT COSTS) FOR A THIRD AND SUBSEQUENT VIOLATIONS WITHIN A ONE YEAR PERIOD (Herman; second, Hall) LOST: Ayes (1) Herman Noes (5) Allison - Aasby, Pech, Cummings, Hall, Mayor Tower 5 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 MOTION: AMEND TO PROVIDE FOR A TIERED FORFEITURE SCHEDULE FOR VIOLATIONS OF SECTION 23 -8 RELATING TO THE POINT OF STORAGE AND POINT OF COLLECTION FOR CONTAINERS TO PROVIDE FOR A $75 (PLUS COURT COSTS) FORFEITURE FOR A FIRST VIOLATION, $150 (PLUS COURT COSTS) FOR A SECOND VIOLATION AND THE DISCRETION OF THE A JUDGE FOR A THIRD VIOLATION AND SUBSEQUENT VIOLATIONS WITHIN A ONE YEAR PERIOD (Hall; no second) LOST: Lack of Second MOTION: AMEND TO PROVIDE FOR A TIERED FORFEITURE SCHEDULE FOR VIOLATIONS OF SECTION 23 -8 RELATING TO THE POINT OF STORAGE AND POINT OF COLLECTION FOR CONTAINERS TO PROVIDE FOR A $75 (PLUS COURT COSTS) FORFEITURE FOR A FIRST VIOLATION, $100 (PLUS COURT COSTS) FOR A SECOND AND UP TO $1000 FOR A THIRD VIOLATION AND SUBSEQUENT VIOLATIONS WITHIN A ONE YEAR PERIOD (Pech; second, Hall) LOST: Ayes (3) Pech, Cummings, Hall Noes (3) Allison - Aasby, Herman, Mayor Tower MOTION: AMEND THE HEADING OF SECTION 23 -8(C) TO CHANGE THE WORD RECOMMENDATIONS TO REQUIREMENTS (Hall; second, Herman) CARRIED: Ayes (6) Allison - Aasby, Pech, Cummings, Herman, Hall, Mayor Tower MOTION: AMEND TO DELETE SECTION 23 -8(A) (1), TO RENUMBER ACCORDINGLY AND TO AMEND NEW SECTION (A) (1) (a) TO PROHIBIT STORAGE IN THE FRONT YARD OF ANY BUILDING DEFINED BY THE BUILDING'S STREET ADDRESS (Hall; no second) LOST: Lack of Second MOTION: AMEND TO DELETE SECTION 23 -8(A) (1), TO RENUMBER ACCORDINGLY AND TO AMEND NEW SECTION (A) (1) (a) TO PROHIBIT STORAGE IN THE FRONT YARD OF ANY BUILDING AS DEFINED BY CHAPTER 30 OF THIS MUNICIPAL CODE (Herman; second, Hall) CARRIED: Ayes (6) Allison - Aasby, Pech, Cummings, Herman, Hall, Mayor Tower MOTION: AMEND TO DEFINE VISUAL SCREENING TO MEAN AN OPAQUE, SOLID FENCE OR SCREEN OF WOOD, METAL, BRICK OR OTHER MATERIALS OR A SOLID FOUR SEASONS VEGETATIVE SCREEN (Hall; no second) LOST: Lack of Second 3 PROCEEDINGS OF THE COMMON COUNCIL —AUGUST 23, 2011 MOTION: AMEND TO PROVIDE THAT NO PERSON SHALL STORE OR PERMIT TO BE STORED UPON PROPERTY OWNED BY THEM ANY GARBAGE, RECYCLING, YARD WASTE, REFUSE OR ANY CONTAINER FOR ANY OF THESE ITEMS IN VIOLATION OF THIS SECTION (Hall; second, Herman) CARRIED: Ayes (6) Allison - Aasby, Pech, Cummings, Herman, Hall, Mayor Tower MOTION: AMEND TO HAVE STAFF BRING BACK BEFORE COUNCIL IN A YEAR OR SOONER TO REVIEW THE EFFECTIVENESS (Cummings; second, Pech) CARRIED: Ayes (6) Allison - Aasby, Pech, Cummings, Herman, Hall, Mayor Tower MOTION: VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (6) Allison - Aasby, Pech, Cummings, Herman, Hall, Mayor Tower Dick O'Day, 715 Hazel Street, believed the requirement not allowing residents to put their garbage out prior to four o'clock pm on the day preceding their garbage pickup day was unfair to the residents who worked second shift. He also expressed that property owners should determine where they want to store their recycling bins and garbage cans. Bob Cornell, 548 W. Smith Avenue, stated recycling carts were an eyesore and should not be visible from the street. If an ordinance was passed not allowing recycling carts to be stored in the front yard, he questioned how the City would handle corner lots. Council Member Hall proposed an amendment requiring city staff to issue a warning prior to the issuance of a citation for violators of the ordinance. Council Member Allison -Aasby asked if the warning would be verbal or written. Mr. Patek responded the City only made written warnings. Council Member Cummings identified the majority of the recycling cart ordinance violators were renters. He stated it was redundant to send warnings to the property owners. Council Member Allison -Aasby did not support placing additional staff time and tax dollars into the process when the City would not be able to recoup the costs. Mr. Patek stated although it was not part of the code, excluding snow shoveling and removal, the City's policy was to issue written correction notices to inform residents they were violating the municipal code. Council Member Hall contended the City should be consistent and add the warning process into the ordinance. Council Member Hall wanted fines more specifically defined in the ordinance. 7 PROCEEDINGS OF THE COMMON COUNCIL —AUGUST 23, 2011 Dick O'Day, 715 Hazel Street, stated the details of the ordinance should have been determined prior to the Council Meeting, not during the Council Meeting. Patricia Diener, 1316 Broad, was not in favor of fining residents for placing recycling bins in restricted areas. Council Member Pech felt the minimum fine should be $50 in order to recoup the City's costs. Council Member Hall proposed the tiers be $75 for the first offense, $150 for the second offense, and third offense be at the discretion of a judge. Council Member Herman questioned what the fine would be for violators of the ordinance since the Council voted down using a tiered system. Mr. Praska clarified by default the fine would be $75 and he explained that city staff had the discretion to administer the fine daily if the violation was not corrected. Council Member Cummings requested the ordinance be brought back to the Council in a year to determine if it was effective. Council Member Pech supported the ordinance being brought back to the Council for review as he would be interested if the fines compensated the administrative expenses. Council Member Allison -Aasby suggested the ordinance be brought back to the Council for review after six months. Council Member Pech also supported bringing the ordinance back for review once the City began automatic refuse collection which would be in less than one year. Ordinance l l -391 Create Public Arts Advisory Committee FIRST READING; LAID OVER UNDER THE RULES Mayor Tower asked for an explanation of what the Public Arts Advisory Committee was. Mr. Burich explained the Public Arts Advisory Committee would review tangible gifts given to the City, for example statues or murals, and recommend whether the City should accept them and where the art should be placed. Ordinance 11 -392 Designation of Roundabouts on 9 th Avenue and Bicycle Lane on High Avenue and Approval of Parking Regulation Changes on Marion Road, Parkway Avenue, Pioneer Drive and 14 Avenue FIRST READING; LAID OVER UNDER THE RULES PROCEEDINGS OF THE COMMON COUNCIL —AUGUST 23, 2011 Steve Barney, 1330 Summit Avenue, requested a bike lane on High Avenue and supported the recommendation that the bike lane be maintained year round. Resolution 11 -393 Approve Planned Development of a Retail Pharmacy with Drive -thru Services on the North Side of West 9 Avenue at South Koeller Street intersection (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) LOST: Ayes (1) Mayor Tower Noes (5) Allison - Aasby, Pech, Cummings, Herman, Hall Jim Collier, 5757 Maple Street, West Bloomfield, Michigan, represented Vilmeir Companies the developer for CVS Pharmacy, was available for questions. Daniel Lynch, 310 S. Eagle Street, supported the CVS Pharmacy, however he questioned why they could not use the location of the old Copps food store. Jeff Hoxtell, 511 S. Westfield Street, was concerned about the property values of the homes in his neighborhood if CVS Pharmacy was allowed to build there. He was also concerned with three other pharmacies all ready in the area; if CVS was not successful there would be an empty building to contend with. He urged the Council to vote against the resolution. Aaron Palmer, 519 S. Westfield Street, was opposed to the CVS Pharmacy at that location. He was frustrated and felt that he did not have a say in the matter. Rob Cleman, 120 Jackson Street, represented the Oshkosh Area Economic Development Corporation, encouraged the Council to support the resolution as his organization had been promoting the City of Oshkosh to CVS for the past eight years. He cited new jobs and an addition to the tax roll as positives. Dennis Schwab, 4525 Stonewood Drive, indicated the proposed CVS site was zoned C -2 and the highest and best use of the property was not for residential purposes. In his opinion the traffic on Seventh Avenue would be minimal. He encouraged the Council to approve the resolution. Steve Suhm, 617 Lilac Street, opposed the resolution and felt the CVS Pharmacy would have a detrimental effect on his neighborhood. John DuPrey, 520 S. Westfield Street, stated there were other locations on Koeller Street where CVS could choose to build. He was also concerned about the traffic on Seventh Avenue if the proposed location was approved. Jane Slattery, 512 S. Westfield Street, was opposed to the proposed location of the CVS Pharmacy. IJ PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 Ann Froehlke, 625 Lilac Street, opposed the Seventh Avenue exit/entrance for the CVS Pharmacy citing it did not make sense for her neighborhood. Bruce Gutsmiedl, 527 Lilac Street, was opposed to the CVS Pharmacy being built between Seventh Avenue and Ninth Avenue mainly due to the exit/entrance off of Seventh Avenue. He stated there were other areas along the Highway 41 corridor where CVS could build. Chase Mitchell, 344A Bowen Street, supported the CVS Pharmacy at the proposed location as he believed the pharmacy would not create more traffic; however it would thrive based on the traffic already there. Steve Seegers, 1722 Minnesota Street, stated the proposed site was the perfect location for the CVS Pharmacy. Steve Utecht, 1735 Sanders Street, owned a home on Seventh Avenue sought by CVS Pharmacy. He stated the CVS Pharmacy was the best use for the site as that area was zoned commercial. Pam Kunde, 1725 W. Fifth Avenue, was opposed to the CVS Pharmacy being built at the proposed location. She stated most of the people speaking in favor of the proposed pharmacy were not residents of the neighborhood or stood to gain financially if the pharmacy was approved. She believed the CVS Pharmacy would bring increased traffic on Seventh Avenue, increase noise in the neighborhood, and cause the home values in the neighborhood to decrease. Lori Mitchell, 1825 Hickory Lane, was the owner of a property on Ninth Avenue sought by CVS Pharmacy. She stated it was inevitable that a new business would build at that location as it was zoned commercial. In her opinion there were worse businesses that could be built at the proposed site other than a CVS Pharmacy. Jim Mitchell, 1825 Hickory Lane, supported the proposed site for the CVS Pharmacy. In his opinion there would not be a traffic issue on Seventh Avenue nor would the property values of the neighborhood homes decrease. Linda Moore, 1311 Walnut Street, was opposed to the location of the proposed CVS Pharmacy. She was concerned if it was legal to turn left (east) from the CVS parking lot onto Ninth Avenue. She questioned if CVS could submit a proposal without an entrance /exit off of Seventh Avenue. Dave Dahlke, 626 Lilac Street, was opposed to the proposed CVS Pharmacy citing increased traffic and a deterioration of the neighborhood. He believed the proposed site could be developed without an entrance /exit off of Seventh Avenue. Bob Cornell, 548 W. Smith Avenue, stated the proposed site for the CVS Pharmacy was in the best interest of the City overall. 10 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 Will Steiner, 3232 Shorewood Drive, represented the developer of the CVS Pharmacy. He stated the reason CVS Pharmacy wanted the proposed location was due to it being highly visible, had easy access, there was high traffic; the building would be free standing and consist of 1.5 to 2.0 acres with parking for 75 to 85 vehicles. It also fit the company's minimum of 18,000 people in a two mile trade area. Adam Hyndel, 3101 E. Fall Creek Lane, Appleton, represented Excel Engineering which provided a traffic study of the proposed area stated the traffic generated by the proposed CVS Pharmacy was very low compared with other similar commercial businesses. Melissa Hoxtell, 511 S. Westfield Street, stated she was opposed to the proposed CVS Pharmacy in her neighborhood. Council Member Herman stated he did not support the resolution. He expressed the traffic study would not provide accurate data as Highway 41 and the Ninth Avenue entrance /exits were under construction. He explained as a former law enforcement officer, the proposed berms with no gaps and five foot tall trees behind the building would take away the natural surveillance from the neighborhood. He also expressed safety issues with the entrance /exit off of Ninth Avenue. Council Member Hall stated there was too much conflicting information regarding the traffic on Seventh Avenue. He did not support the resolution with an entrance /exit off of Seventh Avenue. Council Member Cummings stated the City had directed significant resources to help stabilize its neighborhoods. He believed preserving a neighborhood should take precedent over building a drugstore. Council Member Pech stated he did not support the resolution and felt there were other worthy locations for CVS to build in Oshkosh. He cautioned the residents of the proposed location that the site was zoned commercial and to prepare themselves that some type of business would locate there eventually. Council Member Allison -Aasby stated she did not support the resolution citing inconsistencies in information and safety issues. She also felt there were other areas in the community that CVS could locate their pharmacy. Mayor Tower expressed his support for the resolution. He stated the traffic on Seventh Avenue would not be significant and that the neighborhood would keep its integrity. He believed the proposed CVS Pharmacy was the best use for the location. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS A workshop on the Sustainability Plan and TIF Districts would be held on August 30 A workshop on snow removal policies would be held on September 13 11 PROCEEDINGS OF THE COMMON COUNCIL — AUGUST 23, 2011 A joint public hearing with the Town of Black Wolf regarding the future boundary agreement would be held on October 3rd. Mr. Rohloff provided the Council with a progress report on outstanding issues and requested input. CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, requested an explanation as to why she was asked to leave the August 10 Council Meeting. Mayor Tower explained Ms. Diener was not asked to leave the meeting, however she was warned she would have to leave if she continued to use inappropriate language. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff gave an update on the Carlson Consulting for Classification and Compensation Study of City Employees. He explained that Council would receive a presentation of the study at the September 27 meeting. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTIONS 19.85(1)(e) and 19.85(1)(g) OF THE WISCONSIN STATE STATUTES FOR THE PURPOSES OF NEGOTIATING THE PURCHASE OF PUBLIC PROPERTY REQUIRED FOR A STORMWATER DETENTION BASIN IN THE AREA OF STATE HIGHWAY 91 AND JAMES ROAD WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION AND CONFERRING WITH LEGAL COUNSEL FOR THE GOVERNMENTAL BODY WHO IS RENDERING ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH IT IS LIKELY TO BECOME INVOLVED RELATIVE TO THE PURCHASE OF PROPERTY IN THE AREA OF STATE HIGHWAY 91 AND JAMES ROAD. (Herman; second, Pech) CARRIED: Ayes (6) Allison - Aasby, Herman, Pech, Cummings, Hall, Mayor Tower MOTION: ADJOURN (Herman; second, Allison - Aasby) CARRIED: VOICE VOTE The meeting recessed at 10:00 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 12 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OfHIC H ON THE WATER SPECIAL MEETING held Friday, September 2, 2011 at 11:30 a.m. in the Council Chambers at City Hall. Mayor Tower presided. PRESENT: Council Members Deb Allison - Aasby, Bob Poeschl, Tom Pech Jr., Steve Cummings, Steve Herman and Mayor Burk Tower EXCUSED: Council Member Jef Hall ACTION TAKEN ON ORDINANCES AND RESOLUTION Resolution 11-394A Approve Special Class "B" License — Oshkosh Symphony Orchestra MOTION: ADOPT (Pech; second, Cummings) CARRIED: Ayes (6) Allison - Aasby, Poeschl, Pech, Cummings, Herman, Mayor Tower MOTION: ADJOURN (Pech; second; Allison - Aasby) CARRIED: VOICE VOTE The meeting Adjourned at 11:33 a.m. ANGELA J JOECKEL DEPUTY CITY CLERK