Notes from the may 30, 2006 Fifth Tuesday Forum

 

Total in attendance: 8

Council members in attendance: Bain, Tower, Mattox

Location: Park Plaza Hotel rooms A & B

Next Fifth Tuesday Forum: August 29, 2006 at 6:00 p.m. at the Oshkosh Senior Center

 

Below is a list of topics and, if applicable, concerns/issues/questions raised within each topic.  Responses are solicited from appropriate city staff and printed below.  For more information about the forum or the items discussed, contact Oshkosh Common Councilor Bryan L. Bain at bbain@ci.oshkosh.wi.us or 651-9329.

 

TOPIC: FIVE RIVERS RESORT AND CONVENTION CENTER

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

There was discussion regarding the length of the TIF, direct pay vs. pay as you go methods for the Developer’s Assistance Grant, impact on other hotels in Oshkosh and what the impact of the facility will be on the city.

N/A

N/A

 

TOPIC: CITY BUDGET

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

There was discussion regarding the “new” 2007 budget process and timeline.

N/A

N/A

 

TOPIC: GARBAGE AND RECYCLING (CHAPTER 23)

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

Can there be a binding referendum on the garbage and recycling service provided by the city?  Can there be a binding referendum on setting the fee for the service?

Warren Kraft, City Attorney

The general rule on direct legislation is that a referendum cannot be used to repeal existing legislation.  For example, when the Council adopted the revised Solid Waste Collection ordinance, it authorized the city to collect a fee for the service; the fee is to be established each year.  Under present court decisions, a binding referendum to repeal that provision is not permitted.  On the other hand, the fee is annually established by resolution, and the Council adopted a fee for 2006.  It is possible, provided all the technical procedures are followed, that there could be a referendum on setting the fee for 2007.  Because the enabling ordinance says the fee is to be established annually, there is an argument that a referendum cannot set a fee for multiple years.

 

TOPIC: PHOTO RADAR

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

Is photo radar legal in Wisconsin?

Warren Kraft, City Attorney

In 1995, the Wisconsin legislature passed a law, found in Sec. 349.02(3)(b) of the state statutes, that prohibits police use of photo radar.

 

TOPIC: MILLER’S BAY FISHING PIER

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

Is the fishing pier, as proposed, compliant with ADA?  Is it subject to ADA compliance?

Warren Kraft, City Attorney

There is a general presumption that public facilities must be ADA compliant but there are exceptions.  The best information that we have available to us is that the architect who is drafting/has drafted the plans will do so in compliance with all such requirements.

There was a general discussion regarding parks and ADA - if the city is required to have all parks and park equipment, rides, etc. be ADA compliant.

N/A

N/A

There was also discussion regarding local mediation or negotiation between the Otter Street Fishing Club and those who oppose the pier and/or the pier in its current location and what would happen if the council rescinded its approval.

N/A

N/A

 

TOPIC: PARKS AND GREEN SPACE

Concerns/Issues/Questions

Referred to, if applicable

Follow up, as received, if applicable

Is it possible for the Parks Advisory Board and/or Common Council to pass a Resolution or Ordinance to prohibit development in certain identified locations within parks?  If so, what would be the process for it?

Warren Kraft, City Attorney

The Council can always adopt an ordinance or resolution to accomplish this purpose, but a subsequent Council can likewise vote to repeal it.  The Parks Advisory Board can adopt a "recommendation" to set aside spaces in parks for specific purposes, but likewise vote not to be bound by it.

 

No tax dollars were used to produce or maintain this document.

 

Last updated: June 12, 2006