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 |
|
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 |
|
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? |
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. |
|
Concerns/Issues/Questions |
Referred to, if applicable |
Follow up, as received, if applicable |
|
Is photo radar legal in Wisconsin? |
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. |
|
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? |
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 |
|
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? |
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.