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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday March 27, 2007 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, Meredith Scheuermann, Dennis McHugh and William Castle 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 Mariah Shipman and Connor Schlaack from St. John Neumann Middle School. A proclamation was presented by Mayor Castle declaring March 27,2007 "West High School Wildcats Day" in the City of Oshkosh. Mayor Castle stated there was a change in the agenda. He explained Resolution 07-104 was withdrawn at the request Council Member Tower and Mayor Castle. He explained that there would be a Closed Session at the conclusion of the regular Council Meeting to discuss the employment, compensation or performance evaluation data of the City Manager and a Special Meeting was scheduled for 9:00 p.m. or as soon thereafter as the Council was able to convene for the purpose of considering Resolution 07-104. Consent Agenda The minutes of the March 13, 2007 meeting were presented as written. The Report of the City Manager was read. Council Member Bain explained he would vote present on item VI, Shelter Trek, due to him being a member of the Board of Directors for the Oshkosh Area Humane Society. He questioned the vending issues mentioned in the request for the Memorial Day Parade & Ceremonies. Mr. Kraft responded. Council Member Scheuermann questioned the parking of the emergency response vehicles associated with the American Red Cross Event. 1 Proceedings of the Common Council- March 27, 2007 Mr. Wollangk responded. Council Member McHugh stated concerns related to the second annual Near East Dumpster Day. He explained that it was unfair to have the service available only in select neighborhoods. Council Member Esslinger explained that precedence was being set for the second annual Dumpster Day and it was not fair to all the citizens of the City of Oshkosh. He stated he would not support the item. Council Member Mattox stated her support for Dumpster Day because it was important to support the rebuild of the neighborhood. Council Member Tower questioned if Dumpster Day would be an annual event. He questioned if there was a greater need in another neighborhood that could benefit from this service. Mr. Wollangk and Mr. Kinney responded. Council Member Bain stated that he did not support Dumpster Day to go on indefinitely in one area, however he would support the second annual event. Council Member Scheuermann questioned the funding for the dumpsters. Mr. Wollangk responded. The bills were presented in the amount of $3,686,697.20. The Report of the City Clerk was read. Resolution 07-89 Grant Conditional Use Permits; Approve Final Planned Development: a) West 6th Avenue, Between 510 & 522 West 6th Avenue b) 1000 Pioneer Drive c) Intersection of North Washburn Street / STH 21 / USH 41 Charles Sullivan, representative of the Pioneer Marina, explained that the building was located on the public/private land and if problems developed he requested Council to approve moving it to the west about twenty five feet, out of the leased area. Mayor Castle questioned if Council's approval regarding a site plan could be changed. Jackson Kinney, Director of Community Development, responded. Council Member Mattox explained that the Plan Commission had approved the item as suggested by Mr. Sullivan. 2 Council Member Esslinger stated that the location of the building would not make a difference because the CUP encompassed the entire area. Proceedings of the Common Council- March 27, 2007 Council Member McHugh questioned if 1000 Pioneer Drive was a TIF District and if the Riverwalk Project was involved. Mr. Wollangk responded. Resolution 07-90 Approve Preliminary Plat / Omni Business Park Resolution 07-91 Award Bid for Leasing Golf Carts (Tiziani, Madison, $94,786.50) Resolution 07-92 Award Bid for Ventilation System / Public Works Central Garage (Hastings Air Energy Control, Inc., New Berlin, $145,510.00) Resolution 07-93 Approve Change Order No.2 / Public Works Contract No. 06-08 (LaLonde Contractors, Inc., Increase $42,745.16) Resolution 07-94 Award Bid / Public Works Contract No. 07-06/ Concrete Sidewalk (Fischer-Ulman Construction, Inc., Appleton, $430,130.00) Resolution 07-95 Disallow Claim / Biehn Resolution 07-96 Disallow Claim / West Bend Mutual Resolution 07-97 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM IV OF THE CITY MANAGERS REPORT (DUMPSTER DAY) AND ITEM VI OF THE CITY MANAGERS REPORT (SHELTER TREK) (Scheuermann; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle MOTION: ADOPT DUMPSTER DAY (ITEM IV OF THE CITY MANAGERS REPORT) (Bain; second, McHugh) CARRIED: Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle; Noes (2) McHugh, Esslinger MOTION: ADOPT SHELTER TREK (ITEM VI OF THE CITY MANAGERS REPORT) (Esslinger; second, Scheuermann) CARRIED: Ayes (6) Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle; Present (1) Bain Action Taken on Ordinances and Resolutions 3 Ordinance 07-98 Approve Zone Change - Intersection of N Washburn / STH 21 / USH 41 MOTION: CARRIED: ADOPT (Esslinger; second, Scheuermann) Ayes (7) Bain, Esslinger, Tower, Mattox, Scheuermann, McHugh, Castle Proceedings of the Common Council- March 27, 2007 Ordinance 07-99 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-100 Amend Room Tax / Set Allocation Amounts FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-101 Amend Fees for Weights & Measures / Late Fees & License Fees FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-102 Amend Public Nuisance Regulations FIRST READING; LAID OVER UNDER THE RULES Susie Canziani, 80 Crimson Lane, stated she was the past president and spokesperson for the Winnebago Apartment Association. She thanked Council and City Staff for their efforts regarding the Public Nuisance Regulations. She explained that the collaboration of all groups working together was a positive aspect. Ordinance 07-103 Approve Change of No Wake Time Zone / Rainbow Park FIRST READING; LAID OVER UNDER THE RULES Resolution 07-104 WITHDRAWN Reconsidered Resolutions Resolution 07-86 Approve Developer Agreement Terms / Hazel Street MOTION: LOST: RECONSIDER (Esslinger; second, McHugh) Ayes (2) Bain, Esslinger; Noes (5) Tower, Mattox, Scheuermann, McHugh, Castle Don Anbar, Managing Member of CRL LLC, read a written statement explaining actions from the previous Council Meeting. He explained that there were issues raised concerning items that were not disclosed regarding their former relationship with the Mercy Medical Project and Ganther Construction. He stated he had previously appeared before Council and Staff in August of 2002 and all activities from the project were transparent. He explained that his 4 organization had severed their relationship with the project in 2003 and formally in 2004. He stated that CRL and affiliates did not directly or indirectly benefit from the TIF funding that had been provided to the project. He explained that CRL worked closely with Ganther Construction on various aspects in the development/construction process on many projects. He stated that the project would be successful with many benefits for the community. Proceedings of the Common Council- March 27, 2007 Council Member Scheuermann questioned guidelines for reconsideration. She also questioned Council Member Esslinger why he brought the item forward for reconsideration. She stated that Mr. Anbar had satisfied the questions she had. Mr. Kraft responded. Council Member Esslinger explained that pertinent information was not disclosed at the previous Council Meeting. He stated that he and many constituents had various concerns and additional questions. He questioned the previous time line of CRL's involvement in the former project, why the dollar buyout was appropriate, and if Ganther Construction would be involved in the project. Council Member McHugh questioned if there had been due diligence regarding Mr. Ganther or Mr. Anbar. He questioned if funds were available for demolition purposes if the project failed. He stated that due to circumstances of the last meeting it was important to have protection for the taxpayers. Resolution 07-87 MOTION: LOST: Resolution 07-88 MOTION: LOST: Citizen Statements Authorizing the Issuance of a $2,708,000 Taxable Tax Increment Revenue Bond of the City of Oshkosh, Wisconsin to CRL, LLC or Assigns RECONSIDER (Esslinger; second, Bain) Ayes (3) Bain, Esslinger, McHugh; Noes (4) Tower, Mattox, Scheuermann, Castle Approve Reimbursement Agreement / Hazel Street RECONSIDER (Esslinger; second, Bain) Ayes (3) Bain, Esslinger, McHugh; Noes (4) Tower, Mattox, Scheuermann, Castle Margy Davey, 855 Portside Court, explained that the City of Oshkosh had a smoke free restaurant ordinance that included a tavern exemption. She stated concerns regarding private clubs and tavern status applications. She explained that the same issue had been raised a year and a half ago. She questioned why outside City Counsel (legal) allowed establishments to side-step the existing ordinance. She urged the City and Staff to enforce the existing ordinance. She stated support for a statewide smoke free work place law. 5 Kathleen Propp, 1936 Hazel Street, stated concerns relating to the current status of the smoking ordinance in regard to the Hilton Garden Inn. She questioned why a court agreement allowed the establishment a tavern exemption. She stated support for a state wide smoking ban in all indoor work places. Proceedings of the Common Council- March 27, 2007 Ken Bender, 806 Oak Street, stated various concerns with the former Mercy Hospital property. Dan Shanerock, 835 Hazel Street, stated he appreciated the checks and balances related to the Mercy property and was pleased with the prospect of having the project in the community. Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community. Mayor Castle questioned the smoking concerns raised by citizens. Council Member Tower questioned which City representative agreed to the stipulation. He explained that he was a member of the Board of Health and he was not aware of the stipulation. He questioned if the Director of Health Services, Paul Spiegel, was a party to the stipulation. Council Member Bain questioned how the City Prosecutor, John Blazel, was assigned to be the sole representative of the City. He asked various questions related to the nature of the stipulation. He questioned why the City Manager was not aware of the settlement. He stated concerns related to the lack of communication. Mayor Castle explained that after the Smoking Ordinance was passed the Council had directed those opposed to take their objections to a court of law. He questioned the manner in which smoking violations were cited. Council Member Scheuermann questioned the policy and the use of outside Counsel. She stated concerns with the lack of communication. Council Member McHugh questioned if the stipulation was site specific and what the likelihood of other establishments adopting the same terms. Council Member Mattox questioned who presided as Judge. She questioned who was responsible for the court costs and if the City was responsible for the costs was it included in the bi-weekly financial report. She questioned who was responsible for enforcement of the Ordinance. Council Member Esslinger questioned if the stipulation was characterized as a loss. He questioned if the stipulation resulted in a change to the Ordinance. He stated that it was interesting information, however he did not have any concerns with the issue. 6 Mr. Kraft and Mr. Wollangk responded. Proceedings of the Common Council- March 27, 2007 Council Member Statements Council Member Mattox announced that the Senior Center's fund raiser was entitled the "Chef's Best" and would take place Monday through Friday in the month of April. She explained that sponsoring restaurants would be featured for a day in which they would contribute a percentage of their proceeds to benefit the health program. She announced that the 1 st Tuesday "Music at Noon Concert" would be held April 3rd at First Congregational Church. She announced the Gallery Walk on April th would feature artists in thirty four establishments from 6 to 9 p.m. She announced that the Oshkosh Youth Symphony would perform April 1st and 2nd at 7 p.m. and the Oshkosh Chamber Singers would perform April 1st at 3 p.m. at the Music Hall at UW-O. She announced that there were two remaining days to visit the 34th Annual Junior High school Art Exhibit at the Priebe Gallery at UW-O. She announced the Oshkosh Public Museum was host to Dr. Entomo's Palace of Exotic Wonders, a live insect exhibit, through May 13th. Council Member Scheuermann stated she would not be in attendance for the Council Meeting of April 10th and questioned what opportunity she would have to address items that would be on the agenda. She questioned the procedure for discussing the issue of allowing dogs in parks. She requested a specific update from PMI on their plans relating to the upcoming season at the Leach Amphitheater. She questioned the intent of the Closed Session and explained she would have appreciated additional notice for the Closed Session. Mr. Kraft and Mr. Wollangk responded. Council Member Bain explained that he served on the Park's Board and technically the item relating to allow dogs in parks could have been forwarded to the Council even with the negative vote. He indicated that if a Council Member wished to pursue the issue they could draft an Ordinance and bring it forward. He announced that State Representative Gordon Hintz would host an open forum on the state budget on April 5th from 7 to 9 p.m. at the Oshkosh Public Library. He requested an explanation be given to the public explaining why Resolution 07-104 was removed from the Agenda. He questioned the time frame relating to the revised agenda and if Council Members could have received prior notice allowing them to be fully prepared for the Closed Session. He explained that past procedure regarding the City Manager's appraisal only involved the Mayor and the Deputy Mayor so he was pleased to be involved in the process. He stated his preference would have been to notice the meeting to be held at a separate time. 7 Council Member McHugh questioned the intent of the Closed Session. Council Member Esslinger offered condolences to Rob Kleman and his family for the recent loss of a family member. He questioned the policy relating to citizens identifying themselves during Citizen statements. He explained he was uncomfortable with the entire process of the Closed Session because he did not think it was necessary. He stated the Council had met various times regarding the issue and it was a simple question of whether they agreed that the City Manager should have a two percent increase. Proceedings of the Common Council- March 27, 2007 Council Member Tower explained that a Closed Meeting regarding the City Managers' salary was scheduled for the agenda. He explained it was subsequently discovered that the meeting had to occur before the decision was made so the Closed Session was not listed on the agenda. He explained the intent of the Closed Session was to provide feed back to the City Manager. He explained that due to circumstances involving everyone's schedules and the fact that Council Members would change after the election of April 3rd it appeared to be the best solution available. Mayor Castle stated that he had pursued the issue of allowing dogs in the parks four years ago and lost. He explained that Council Member Tower had been the Chair of the Committee regarding the evaluation of the City Manager and Council Member Tower was out of town when it was indicated by the City Attorney that there was no need for the Closed Session if the item had already been approved. He explained that through further discussion on Monday, when Council Member Tower had returned, it was decided that it was important to discuss the goals and objectives with the City Manager prior to disclosure to the general public. He explained that it was the best procedure to achieve the objectives with the current Council Members. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk stated the election on April 3rd would result in April 1 oth being the last full meeting with current Council Members at which time they would recess and reconvene April 1 th at noon for the reorganizational meeting. He reminded Council there would be a workshop involving the Near East Neighborhood after the Council Meeting on April 10th. He explained that the Workshop previously scheduled following the meeting with CHAMCO and OAEDC was postponed due to a death in Rob Kleman's family. He announced there would be road construction commencing next week with the relocation of Washburn Street. He stated the intersection at Westowne/ Washburn/21 would be closed to traffic until mid July. Mayor Castle stated it would be appropriate to allow the newly elected Council Members to participate in the upcoming Workshop. MOTION: CONVENE INTO CLOSED SESSION TO CONSIDER THE EMPLOYMENT, COMPENSATION OR PERFORMANCE 8 EVALUATION DATA OF THE CITY MANAGER PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES (Tower; second, Castle) CARRIED: Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle; Noes (2) Esslinger, McHugh MOTION: ADJOURN (Bain; second, Scheuermann) CARRIED: VOICE VOTE The meeting adjourned at 8:08 p.m. PAMELA R. UBRIG CITY CLERK 9