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HomeMy WebLinkAboutMinutes P C C ROCEEDINGS OF THE OMMON OUNCIL C O, W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday June 13, 2006 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members Bryan Bain, Paul Esslinger, Burk Tower, Shirley Mattox, Dennis McHugh, and William Castle EXCUSED: Council Member Meredith Scheuermann ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Bain read the Invocation. The Pledge of Allegiance was led by Council Member Bain. th th A proclamation was presented by Mayor Castle declaring June 16– 17 2006 as “Forget Me Not Distribution Days” in the City of Oshkosh. A proclamation was presented by Mayor Castle declaring June 15, 2006 as “Oshkosh Operation Donate Community Blood Drive Day” in the City of Oshkosh. Consent Agenda The minutes of the May 23, 2006 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $8,096,164.82. The Report of the City Clerk was read. Resolution 06-191Award Bids / Tandem Axle Truck Chassis, Dump Bodies, Plows, Hitches & Wings / Street Division (Various) Resolution 06-192Award Bid / Tandem Axle Dump Body / Water Distribution Division (Olson Trailer Body, Green Bay, $25,534.00) Resolution 06-193Award Bid / Furniture / Police Department (Midwest Business Interiors LLC, Oshkosh, $57,989.00) 1 Proceedings of the Common Council – June 13, 2006 Resolution 06-194Approve Sale & Issuance of Redevelopment Revenue Obligation Bonds, Series 2006, the Payment of Said Revenue Obligation & Other Related Details / Covenants Ken Bender, 806 Oak Street, questioned the location. Resolution 06-195Grant Easement / Atlas Avenue Resolution 06-196Grant Privilege in Street / Pearl Avenue & Osceola Street Christine Miles, Director of Planning Construction for the University of Oshkosh, gave an explanation for the request. Resolution 06-197Grant Conditional Use Permit; Approve Final Planned Development / Ohio Street Resolution 06-198Approve Intergovernmental Agreement for Services / Housing Authority Council Member Bain asked various questions regarding the agreement including what happened to the employees. Mr. Wollangk responded. Jackson Kinney, Director of Community Development responded. Mr. Kraft responded. Council Member Mattox questioned if the Housing Authority used the City’s bond rating. Resolution 06-199Approve Agreement for Payment by Wisconsin Departm ent of Transportation / Washburn Street Utilities Council Member McHugh questioned the funding for the project and if there would be excess funds in the Capital Improvement Plan budget. Mr. Patek responded. Resolution 06-200Approve Amendment No. 2 / Contract for Design of Washburn Street Project Resolution 06-201Approve Change Order No. 1 / Public Works Contract No. 05-01 (Earth Tech, Increase, $120,578.90) 2 Council Member Bain questioned the amount of the increase. Mr. Patek responded. Proceedings of the Common Council – June 13, 2006 Resolution 06-202Approve Proposal for Engineering Design Services / Main Street Paving & Utility Construction Resolution 06-203Disallow Claim / Johannes, Williams, Nunnery, Brocks Resolution 06-204Approve Miscellaneous Licenses MOTION:ADOPT CONSENT AGENDA EXCLUDING REQUESTS #2, #7 AND #9 OF THE CITY MANAGER’S REPORT AND RESOLUTIONS 06- 193, 06-194, 06-196, 06-197, AND 06-200 (Bain; second, McHugh) CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle City Manager’s Report – Request #2 / Oshkosh Community Dragon Boat Race & Festival MOTION:ADOPT (Esslinger; second, McHugh) CARRIED:Ayes (4) Esslinger, Castle, Mattox, McHugh; Present (2) Bain, Tower Council Member Bain explained he would vote present due to his employer’s involvement. Council Member Tower explained he would also vote present due to his employer’s involvement. City Manager’s Report – Request #7 / Wednesday Farmer’s Market MOTION:ADOPT (Bain; second, Esslinger) MOTION:REFER TO PARKING UTILITY (Castle; second, McHugh) CARRIED:Ayes (5) Bain, Tower, Mattox, McHugh, Castle; Noes (1) Esslinger Mayor Castle stated he would like the Parking Utility to review the request prior to a decision being made. Council Member Esslinger stated he would not support the amendment due to the time frame. Council Member Mattox questioned what parking spots would be used and would there be a fee for them. Council Member McHugh reminded Council that there was no extra time given to the 3 Literary Council when they asked for extra parking in the Library lot. Proceedings of the Common Council – June 13, 2006 City Manager’s Report – Request #9 / UW-Oshkosh Homecoming Parade MOTION:ADOPT (Esslinger; second, Castle) CARRIED:Ayes (4) Esslinger, Castle, Mattox, McHugh; Present (2) Bain, Tower Council Member Bain explained he would vote present due to his employer’s involvement. Council Member Tower explained he would also vote present due to his employer’s involvement. Resolution 06-193Award Bid / Furniture / Police Department (Midwest Business Interiors LLC, Oshkosh, $57,989.00) MOTION:ADOPT (Bain; second, McHugh) CARRIED:Ayes (5) Bain, Esslinger, Tower, Mattox, Castle; Noes (1) McHugh Council Member McHugh expressed his concerns regarding excess spending. Mayor Castle explained the bid was reasonable with funds coming from the bonds instead of the general fund. Council Member Mattox questioned if the amount was included when Council approved the police department remodeling. Mr. Wollangk responded. Resolution 06-194Approve Sale & Issuance of Redevelopment Revenue Obligation Bonds, Series 2006, the Payment of Said Revenue Obligation & Other Related Details / Covenants MOTION:ADOPT (Esslinger; second, Bain) CARRIED:Ayes (4) Bain, Tower, Mattox, Castle; Noes (2) Esslinger, McHugh Council Member Esslinger explained a large portion of the bonds were for the Mercury Marine property and he would not support. 4 Council Member Mattox questioned if there was a breakdown how the funds would be used. She questioned if there would be grant dollars available for the project. Mr. Wollangk responded. Proceedings of the Common Council – June 13, 2006 Resolution 06-196Grant Privilege in Street / Pearl Avenue & Osceola Street MOTION:ADOPT (Esslinger; second, Castle) CARRIED:Ayes (4) Esslinger, Castle, Mattox, McHugh; Present (2) Bain, Tower Council Member Bain explained he would vote present due to his employer’s involvement. Council Member Tower explained he would also vote present due to his employer’s involvement. Resolution 06-197Grant Conditional Use Permit; Approve Final Planned Development / Ohio Street MOTION:ADOPT (Esslinger; second, Bain) CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle Council Member McHugh questioned if the property extended to the river. Mr. Patek responded. Resolution 06-200Approve Amendment No. 2 / Contract for Design of Washburn Street Project MOTION:ADOPT (Esslinger; second, Bain) CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle Public Agenda Discussion Ordinance 06-206Amend Public Nuisance Regulations Randall Guzman, 620 Waugoo Avenue, representing a neighbor at 629 Waugoo Avenue, explained they were in support of the new ordinance. Susie Canziani, 80 Crimson Lane, representing the Winnebago Apartment Association, stated she supports areas of the ordinance but had some concerns. 5 Mike Mokler, 1117 W. New York Avenue, owner of Oshkosh properties, explained he appreciated the involvement on the ordinance prior to the Council Meeting. He expressed his concerns with the definition of nuisance. He stated he supported the ordinance but would like to see some changes made to it. Council Member Bain questioned if the issues were changed would the Winnebago Apartment Association support the ordinance. Proceedings of the Common Council – June 13, 2006 Council Member Tower asked that the concerns be presented to the City Manager in writing. Nancy Nespbor, 377 City Center, explained landlords should be reactive not proactive in choosing tenants. She explained procedures that are done in the City of Appleton. Ron Montgomery, 752 Prospect Avenue, urged Council to refine the language in the ordinance. Bernie Pitz, 617 W. Irving Avenue, expressed his concerns regarding the ordinance and suggested dormitories be included. Resolution 06-207Approve Combination “Class B” Licenses Jay Supple, 1621 Congress Avenue, stated he had a couple opportunities that he would be pursuing. th Steven Amato, 50 W. 6 Avenue, owner of the Granary Restaurant, stated the building was for sale and the license was vital to the property. Council Member Mattox asked various questions. Charles Sullivan, 5962 Spruce Drive, Elkhorn, requested an extension due to the battle with the Department of Revenue regarding the property. He explained the liquor license was necessary in rebuilding the property. Billie Jo Jungwirth, 1101 Merritt Avenue, explained they purchased the property at 1014 Ohio Street and the license would be transferred to that location. Action Taken on Ordinances and Resolutions Ordinance 06-205Approve Zone Change / 449 Marion Road & Adjacent Lots MOTION:ADOPT (Esslinger; second, Bain) 6 CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle Ordinance 06-206Amend Public Nuisance Regulations FIRST READING; LAID OVER UNDER THE RULES Proceedings of the Common Council – June 13, 2006 Resolution 06-207Approve Combination “Class B” Licenses MOTION:ADOPT (Tower; second, Esslinger) MOTION:DIVIDE RESOLUTION 06-207 INTO: RESOLUTION 06-207A – FOX RIVER PIZZA & BUFFET AND PIONEER INN; AND, RESOLUTION 06-207B –GRANARY RESTAURANT (Esslinger; second, McHugh) LOST:Ayes (2) Esslinger, McHugh; Noes (4) Bain, Tower, Mattox, Castle VOTE ON MOTION TO ADOPT: CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle Council Member Esslinger thanked all the license holders for attending the Council meeting. He explained there were other individuals interested in a liquor license so he would not support the Granary Restaurant. Council Member Tower explained the Granary was an important building and was a key to the downtown area. Council Member McHugh questioned if the license for the Granary went to a formal hearing what would be the next step. He stated there could be great potential for that license. Mayor Castle responded. Council Member stated the building would have a successful venue depending on the development in the downtown area. Council Member Bain questioned what would happen if the license was granted, could Council revoke the license during the licensing year. 7 Mr. Kraft responded. Council Member Mattox explained it was a difficult position for the Council. Council took at ten-minute break at 7:45 p.m. Mayor Castle explained a Council Member asked to have Citizens Comments after the Five Rivers discussion. He stated he would not support it. Council Member Bain asked for a Point of Order and if the Mayor would change his mind on the decision. Mayor Castle responded no. Proceedings of the Common Council – June 13, 2006 Council Member Bain stated he was appealing to the Council to move “Whatever Else is Pertinent or for the Good of the City / Five Rivers Update” before Citizen Statements. MOTION:APPEAL MAYORS RULING ON ORDER OF FIVE RIVERS UPDATE (Bain; second, Esslinger) CARRIED:Ayes (4) Bain, Esslinger, Mattox, McHugh; Noes (2) Tower, Castle Whatever Else is Pertinent or for the Good of the City Mr. Kinney explained key points of the commitment letter from the developer and answered questions of the Council. Council Member Esslinger questioned if there was an extension for the construction. He questioned how many units had been sold. st Council Member McHugh questioned why negotiating was going on after the May 31 deadline. Council Member Bain asked various questions regarding the term sheet. He questioned what liability the city had in the project and the long term financing. He urged staff to bring back the term sheet to Council to review the language. Council Member Tower asked various questions of the commitment letter. He stated he would like to see documentation from the financial consultants. Mayor Castle questioned if the status of project would be presented to Council. Council Member Mattox questioned if there was a financial investigation on C.D. Smith. 8 Citizen Statements Kent Monte, 1251 Wheatfield Way, expressed his concerns regarding the privacy of the Five River’s Project. He stated there were various questions he would like to see answered. Ken Bender, 806 Oak Street, stated he would like to see a park near the river for fishing with restroom facilities and an area for the farmer’s market. Tony Palmeri, 212 W. Parkway Avenue, expressed his concerns regarding the Five River’s project. Proceedings of the Common Council – June 13, 2006 Council Member Statements Council Member Bain stated there were notes online for his last “Fifth Tuesday Forum”. He stated the National Association of College University Residence Hall the largest student leader organization would hold their 2007 conference in Oshkosh. He reminded citizens that th June 14 would be the County meeting on the proposed touch screen voting machines for people with disabilities. th Council Member Mattox stated the Oshkosh Community Band would be performing June 14 th & 28 at Lourdes High School. She reminded citizens about the “Live at Lunch” in Opera House Square every Wednesday. She stated the Oshkosh Public Museum was offering two sets of walking tours of Historic Riverside Cemetery as a fundraiser. She explained the th Annual Historic Home Tour would be June 25 from noon to 4:00 p.m. She stated hotels are st th booked for Country USA, June 21- 25. She reminded citizens about the contest deadline th Our Town a photographic Journey of old Oshkosh was June 28. MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE IN THE SOUTHWEST INDUSTRIAL PARK PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE STATUTES; AND, TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING AN ACQUISITION AND / OR LAND SALE IN THE SAWYER CREEK AREA PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE STATUTES (Tower; second, Esslinger) CARRIED:Ayes (6) Bain, Esslinger, Tower, Mattox, McHugh, Castle MOTION:ADJOURN (Bain; second, Esslinger) 9 CARRIED:VOICE VOTE The meeting adjourned at 8:50 p.m. PAMELA R. UBRIG CITY CLERK 10