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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday January 9, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members Paul Esslinger, Burk Tower, Shirley Mattox, Meredith Scheuermann, Dennis McHugh, Bryan Bain and William Castle ALSO PRESENT: Richard Wollangk, City Manager, Angela Joeckel, Deputy City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Esslinger read the Invocation. The Pledge of Allegiance was led by Gabrielle Larson, Ashleigh Sasse, and Patrick Hahn from Franklin Elementary School and Jordan Foote from Trinity Lutheran School. Public Hearing The Mayor ordered the following Public Hearing: Approve Official Mapping I Tucker Trail There were no appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the December 12, 2006 meeting were presented as written. The Report of the City Manager was read. Council Member McHugh questioned the parking for Sawdust Days. He stated he was opposed to allowing individuals to park on the grass in the park. He expressed concerns regarding available space for viewing the fireworks display. He also expressed concerns relating to parking availability for the Historical Village participants, the request for a waiver of the glass bottle ordinance and the waiver request for dogs in the park. Council Member Scheuermann questioned the amount of revenue generated from parking fees. 1 Proceedings of the Common Council- January 9, 2007 Council Member Esslinger questioned if the event was going to pay for police overtime. He stated he did not support the parking fee. Mr. Wollangk responded. Ellen Schmidt, 4303 Swallow Banks, Co-Chairperson of the Sawdust Days Committee, explained that they had various expenses and the parking fee was an avenue used to generate funds. She stated the parking fees generated $3,000.00 to $4,000.00 and stated that the committee had established rules and regulations related to parking issues. She explained that there were approximately thirty to fifty glass bottles sold from a history vendor, and explained that they were actually collector bottles not throwaway bottles. She explained that the dogs would be tagged with identification to indicate that they were owned by the participants of the festival. She stated that they hold open committee meetings to receive input. She thanked the city for their cooperation and stated that they were the largest multi-cultural festival in the State. Council Member Tower stated that there were plenty of spaces to view the fireworks display and he did not see a need for conditions. Council Member Bain stated that a citizen had suggested the use of shuttle service and explained that it could be a possible revenue generator. Mayor Castle explained that it was necessary for the event to generate revenue and stated that there were plenty of available spaces for parking. He questioned if a majority of the Council wanted to grant approval with conditions. He explained because there was not a majority who wanted conditions the item was taken as presented. The bills were presented in the amount of $3,284,665.41. The Report of the City Clerk was read. Resolution 07-01 Approve Agreement I State of Wisconsin, Department of Health & Family Services, Division of Public Health I Consolidated Contract Resolution 07-02 Approve Option Agreement; Master Development Agreement Term Sheet I Disposition of Marion Road I Pearl Avenue Redevelopment Phase II Area I Akcess Acquisition Group LLC In Accordance with Project Report Council Member McHugh questioned why there was not a workshop on the item. He stated that due to the size of the project, he thought it was necessary to have discussion on the item. He stated he was uncomfortable voting on the detailed agreements at this time and asked various questions relating to the agreements. He questioned the term of debt service for the 2 project. He stated that after hearing all of the dialogue most of his apprehensions were gone. He questioned who had final approval on the project. Proceedings of the Common Council- January 9, 2007 Mr. Kinney, Director of Community Development, responded. Mayor Castle explained that the RDA (Redevelopment Authority) held a meeting in regard to the item. He stated it was clear what the partners as developers would do and what the City would do if the terms were met. Frederick Rikkers, Madison, Wisconsin, a principal of the Akcess Acquisition Group, explained his sons Tim and Mike Krolczyk, from C.D. Smith Construction Company were available to answer questions. He explained that their discussions with the City had related to a period of time in which they would have the opportunity to develop the final plans to accomplish what the City of Oshkosh would ultimately want to secure for the subject property. He explained that they were presently asking for the proposed time frame so that a third party could not take the opportunity away from them. He stated that they were requesting the City to acknowledge the fact that if they were to come forth with a feasible plan, they would be given the same support as had been extended to others in past circumstances. He explained that eventually a parking structure would have to be built on the property and a partnership would be required between them and the City to support the structure. He explained that there were many areas yet to be considered in the venture. He noted the contamination issue and stated it was necessary for the City to recognize the remediation process in order for them to secure a mortgage on the property. He explained that construction would not start before a development agreement with appropriate exhibits, including a definition for the marina, was approved. He said they were taking all the risks with the expenditures of their time and money. He explained that at this time the City was committing to transfer the property to them if the stated goals were accomplished, but they were not committing to allow them to build anything. He explained they would have to come back for approval of the proposed construction projects. He stated that there would be future presentations to the community and Tommy Thompson would be present. He stated that the Cherokee Investment Partners were the largest in the world of its' kind and they had participated in Brownfield and redevelopment sites worldwide. He stated that they were exploring a name for the project. He explained that Akcess would initially own the land, but they could parcel sections off to sell to specific developers of the sites. Council Member Scheuermann thanked the group for considering Oshkosh. She questioned which agreements were before the Council. She stated that the agreement did not appear to be out of the ordinary. She questioned how much land was developable. Council Member Esslinger thanked Mr. Rikkers for bringing the proposal forward. He expressed concerns on the resolution that was before the Council. He explained that previously a document had come forward from the Five Rivers Project and the majority of the Council thought that they would have the opportunity to look at the proposal a second time, however the initial approval was the only approval. He questioned if Council would have the opportunity in the future to approve or disapprove. He questioned when a town meeting or a 3 focus group would be presented to the community. He questioned how the evaluation of the project would be monitored and the dollar amount for remediation of the contaminated property. He also questioned if this precluded the City from talking to other developers. Proceedings of the Common Council- January 9, 2007 Council Member Mattox stated that the agreement was cleaner than the proposal from Five Rivers. She questioned which area would be developed first and who was responsible for the development of the park area. She questioned the development of the marina, the name of the project, if a liquor license would be available for the development, the future architecture, the amount of remediation that had already been completed, who would ultimately own the land and the value of the land. She also questioned the six month time frame of the "due diligence". Mr. Kinney responded. Council Member Tower stated that the Five Rivers experience was a learning opportunity. He explained that there were better checkpoints in the proposal. He expressed concern regarding the tight time frame for the development. He stated he liked the idea that they were working with a master developer rather than a specific project. He stated it would be beneficial to address the community and stated he was positive regarding the endeavor. Council Member Bain stated his appreciation at the opportunities available. He explained that it was stated in the Option Agreement, that within four months there would be a progress report. He questioned budget and lease revenue bonds. He stated that the City had done "due diligence" on their part and they were now giving Ackcess Acquisition Group six months to do "due diligence" on their part. Resolution 07-03 Approve Project Report for Disposition of Vacant Property I 223 Merritt Avenue Council Member McHugh questioned the disposition of the property for a single family residence. He questioned if the owners would receive financial assistance and if income was a factor. Council Member Bain explained that the project would generate more tax revenue. Susan Kepplinger, Principal Planner, responded. Council Member Tower stated he would vote present due to his employers' involvement. Resolution 07-04 Authorize Borrowing; Approve Purchase of Industrial Park Land; Approve Fund Transfer; Approve Reimbursement I Southwest Industrial Park Expansion -Portion of Beck Farm Resolution 07-05 Accept Easements I North of Ripple Avenue, South of West 35th Avenue 4 Proceedings of the Common Council- January 9, 2007 Resolution 07-06 Grant Conditional Use Permits; Approve Final Planned Development: a) 420 N. Main Street b) 3285 S. Washburn Street Council Member Mattox questioned if the concerns were resolved and would it return to the Plan Commission in regard to the pods. She questioned if the property south of the Bergstrom property was located in the city. Mr. Kinney responded. Resolution 07-07 Award Bid' Liquid Odor & Corrosion Control' Wastewater Plant' 2007 (Siemens, $172,000.00) Resolution 07-08 Approve Agreement' Town of Algoma Sanitary District #1 Resolution 07-09 Approve Change Order No.2' Public Works Contract No. 05-01 (Earthtech, Decrease, $36,113.69) Resolution 07-10 Approve Initial Resolution not Exceeding $3,180,000' City of Oshkosh Bonds' Street & Street Improvements Resolution 07-11 Approve Initial Resolution not Exceeding $3,355,000' City of Oshkosh Bonds' Sanitary Sewer Improvements Resolution 07-12 Approve Initial Resolution not Exceeding $1,260,000' City of Oshkosh Bonds' Water Utility Improvements Resolution 07-13 Approve Initial Resolution not Exceeding $245,000' City of Oshkosh Bonds' Parks & Park Improvements Resolution 07-14 Approve Initial Resolution not Exceeding $685,000' City of Oshkosh Bonds 'Tax Increment Financing Districts Resolution 07-15 Approve Direct Advertisement & Sale of General Obligation Corporate Purpose Bonds, Series 2007 -A and General Obligation Promissory Notes, Series 2007-B Resolution 07-16 Authorize Filing of Applications' Federal Operating & Capital Assistance, State Operating Assistance, County Transportation Assistance & Non- 5 Profit Grants Resolution 07-17 Approve Agreements I Transportation Services with Winnebago County; Cerebral Palsy of Midwest Wisconsin, Lakeside Packaging Plus, Inc., Red Cross & Lutheran Homes of Oshkosh Proceedings of the Common Council- January 9, 2007 Resolution 07-18 Approve Agreement I Fast Pitch Club I Quarry Park Council Member McHugh stated that the city would benefit from the organization. He questioned if all ice rinks would be abandoned. He stated it was important to have one lighted ice skating rink with a warming house in the city. Council Member Esslinger questioned if it was possible to have an ice rink at Millers Bay and if there was a building that could be used as a warming house. Council Member Tower questioned if there were any concerns from the neighborhood and if the neighbors were made aware that the item was on the Council Agenda. Mr. Stephany, Director of Parks, responded. Resolution 07-19 Resolution 07-20 Resolution 07-21 Resolution 07-22 MOTION: CARRIED: Resolution 07-03 MOTION: CARRIED: Approve Democratic & Republican Election Inspectors Disallow Claim I Samer Approve Appointments Approve Miscellaneous Licenses ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 07-03 (Esslinger; second, Scheuermann) Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain, Castle Approve Project Report for Disposition of Vacant Property I 223 Merritt Avenue ADOPT (Esslinger; second, Scheuermann) Ayes (6) Esslinger, Mattox, Scheuermann, McHugh, Bain, Castle; Present (1) Tower Action Taken on Ordinances and Resolutions Ordinance 07-23 Amend Solid Waste Collection 6 MOTION: CARRIED: ADOPT (Esslinger; second, Scheuermann) Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain, Castle Council Member Bain questioned the education opportunities for the community. Mr. Wollangk and Mr. Patek responded. Proceedings of the Common Council- January 9, 2007 Council Member Scheuermann questioned if the general public was aware of the pending ordinance. She questioned the injury to the city worker and the total number of injuries due to lids on garbage cans. Mr. Wollangk responded. Ordinance 07-24 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-25 Approve Official Mapping I Tucker Trail FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-26 Amend Regulations I Solid Waste Collection FIRST READING; LAID OVER UNDER THE RULES Resolution 07-27 Approve Labor Contract I Oshkosh Fire Department I Chief Officers Association MOTION: CARRIED: ADOPT (McHugh; second, Esslinger) Ayes (5) Tower, Mattox, Scheuermann, Bain, Castle; Noes (2) Esslinger, McHugh Council Member McHugh stated he would not support the resolution. He expressed concerns regarding the insurance rates of city employees. He stated he did not object to the pay scale, however concessions needed to be met for the insurance premiums. Citizen Statements Daniel Lynch, 310 S. Eagle Street, expressed concerns with underage smoking and the side affects of smoking. Gordon Doule, 1225 Summit Avenue, stated various concerns and attempted to conduct a survey of the Council. 7 Mayor Castle explained the purpose of citizen statements. Proceedings of the Common Council- January 9, 2007 Council Member Statements Council Member Esslinger expressed an interest in contacting CHAMCO and OAEDC for future workshops, as was done in the past. He also expressed an interest in holding a workshop to discuss where to sell surplus merchandise. He explained that more money could possibly be made by advertising on E-Bay versus Osh-buy and the meeting would be a good source for education and information. He listed a number of expenses that had affected taxpayers and stated he would like information regarding possible future projects in the next three to five years. He requested Mr. Wollangk to prepare the list for a near future Council Meeting. He expressed concerns regarding proposals for the Miles Kimball property. He explained he would like requests for proposals to include sections of the property rather than the entire property. He also requested staff to review the City of Manitowocs' insurance. Council Member Scheuermann questioned if the information regarding surplus merchandise could be addressed in memo form rather than a workshop. She questioned if the Purchasing Division was in charge of the disposal of surplus merchandise. Mr. Wollangk responded. Council Member Tower stated that a workshop with CHAMCO and OAEDC was worthwhile, however his preference was to start with a memo regarding the selling of surplus merchandise and then follow up with a meeting if there were concerns. He stated he did not want all matters that the City did to come back to the Council for a workshop, unless there were issues or concerns. Mayor Castle explained he was not interested in micro managing the City and stated his confidence in staff. He directed staff to create a memo on the current process regarding the disposal of surplus merchandise, which would be followed up with a discussion on the merits of a workshop. Council Member McHugh expressed a concern with the lack of an established policy on the sale of City property. Council Member Mattox announced that the Oshkosh Symphony Orchestras' "Northern Lights" concert would be performed January 20th. She stated the Martin Luther King Celebration would be January 15th. She announced that an exhibition of African-American quilts from 8 Gee's Bend in Alabama was featured on a recent set of postage stamps, and that the Paine Art Center would have an exhibit of some of those quilts from January 20th through April 15th. She stated the Grand Opera House would show the movie "Blue Hawaii" on January 18th. She announced the performance of "High School Musical" would be performed at the Grand Opera House January 12h and 13th. She announced there would be a presentation at the Oshkosh Publ ic Museum January 21 st entitled" Life and Death". Proceedings of the Common Council- January 9, 2007 Council Member Bain explained the January Fifth Tuesday Forum was scheduled for January 30th, but would be rescheduled due to the League of Women Voters Candidate Forum schedule. He stated that MLK Jr Dinner tickets could be obtained by contacting the Chamber and anyone interested in participating in the march should be at the New Moon by 4:00 p.m. He stated that the Oshkosh Convention and Visitors Bureau started a monthly E-Newsletter to notify the public of community events, featured attractions, etc. He explained the CDBG (Community Block Grant) program and encouraged qualifying interested parties to contact the Planning Services Division. He asked Council for direction on how they would like to proceed with the Productivity Assessment Audit. He explained that if the study was approved the money would come from fund equity. He noted the concerns of the Council and stated that additional information would be obtained regarding completed studies and with that information a decision would be made as to whether or not to go forward with the proposal. He explained that he would contact the companies who did not respond to see why they were not interested in submitting proposals. Council Member Esslinger stated he was disappointed that there was only one response, but he did like the proposal and supported an in depth study. He stressed the point that a productivity study was definitely needed. He questioned if the Council in the past had approved requests for proposals that had received only one response. Mr. Wollangk responded. Council Member Scheuermann stated she was concerned with the fact that there was only one response received and she questioned if there was a comfort level with the two plans that were offered. She stated that she favored the comprehensive plan and questioned if the cost could be reduced or if some of the information could be obtained through other sources. Mr. Kraft responded. Council Member Mattox questioned the experiences Virchow Krause had in similar assessments. She stated she did not approve of taking money from fund equity for a study. She explained that the information could be obtained through communication with other cities. Council Member Tower stated he was concerned with the $125,000.00 fee and was not ready to move forward. He expressed concern with the fact that there was only one response. He 9 questioned if it was a good proposal and he questioned the experience of others. Council Member McHugh stated he was disappointed that there was only one response. He stated support for the more comprehensive plan. He explained that every year there was opportunity to recover money from the operating budget and the money could be found within the budget to cover the fee. Mayor Castle stated that the city always scored well in the surveys from the Wisconsin Tax Payer Alliance and he did not feel the survey was necessary. He stated that the workshop with the League of Municipalities supported that view. He explained that he did not think the survey would recover the cost of the audit. Proceedings of the Common Council- January 9, 2007 Whatever Else is Pertinent or for the Good of the City Mr. Wollangk informed the community of the public open house at the Police Department on January 2th. He announced that the School Board meeting scheduled for January 10th would be held at the Alberta Kimball Auditorium at 7:00 p.m. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT ANS PERSPECTIVE REGARDING THE CITY MANAGER PURSUANT TO SECTION 19.85(1)(c) OF THE WISCONSIN STATE STATUTES (Tower; second, Esslinger) Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain, Castle CARRIED: MOTION: CARRIED: ADJOURN (Esslinger; second, Scheuermann) VOICE VOTE The meeting adjourned at 9:00 p.m. ANGELA JOECKEL DEPUTY CITY CLERK 10