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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday May 22, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri and Frank Tower ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member McHugh read the Invocation. The Pledge of Allegiance was led by Cheyenne Stockinger and Philip DeGoey from Read Elementary School; and, Brianna Nigl and Richard Cole Moffat from Washington Elementary School. On behalf of the Committee on Aging, Donna Altepeter and Mark Ziemer, Director of Senior Services, presented awards to Dr. Jean Caudle, Corky Abraham, Margie Rankin and Dr. Janelle Cooper. On behalf of the Landmarks Commission, Harold Buchholz presented Acanthus Awards to Ginny Gross and Lucinda Vette. A proclamation was presented by Mayor Tower declaring June 10,2007 "Race Unity Day" in the City of Oshkosh. Consent Agenda The minutes of the May 8,2007 meeting were presented as written. The Report of the City Manager was read. Council Member Bain questioned the type of noise that would be generated by Zenith Tech Inc. and the procedure if the early start time resulted in issues or complaints. Council Member Tower questioned the time frame. Mr. Wollangk responded. The bills were presented in the amount of $5,789,264.49. 1 Proceedings of the Common Council- May 22, 2007 The Report of the City Clerk was read. Resolution 07-131 Authorize Acquisition /29 West Tennessee Avenue ($26,427.14) Resolution 07-132 Approve Initial Resolution - Construction, Surveying & Inspection of Sidewalk & Concrete Paving; and, Inspection Services for Private Construction / Omni Business Park Resolution 07-133 Accept & Approve Waiver of Special Assessment Notices & Hearing in Connection with Improvements / Omni Business Park Resolution 07-134 Approve Final Resolution - Construction, Surveying & Inspection of Sidewalk & Concrete Paving; and, Inspection Services for Private Construction / Omni Business Park Resolution 07-135 Approve Developer Agreement / Omni Business Park (Lots 1-6) Resolution 07-136 Approve Final Plat / Omni Business Park Council Member McHugh questioned the sidewalk waiver. Mr. Wollangk responded. Resolution 07-137 Grant Conditional Use Permits; Approve Final Planned Development: a) Washburn Street / Country USA Site b) State Road 91, West of 4041 State Road 91 Dan Liebhauser, representative for Country USA, Neenah, explained the Plan Commission approved the signs with conditions. He requested the opportunity to install the sign prior to the festival with a ninety day grace period to complete the required modifications. Council Member Bain questioned staff's opinion on the grace period. Council Member Palmeri asked various questions related to the visibility and the naming rights of the signs. He explained he would not support the signage with the Ford logo. Darryn Burich, Director of Planning Services, responded. Council Member McHugh explained the physical specifications for the Country USA signage and stated he did not support the signage. Council Member Esslinger explained that he was a member of the Plan Commission and he explained the Ford Festival signage. He stated his support for the signage. Council Member Tower explained that all signs had exposure to the general public and he supported the signage. 2 Proceedings of the Common Council- May 22, 2007 Nicki Heuring, 727 W. 10th Avenue, stated support for Chiemsee Castle to be located on State Road 91. She presented letters from three other supporters to the Council. Sandy Ziebell, 2969 Waldic Lane, stated support for the location of the childcare center. Jennifer Borski, W8846 Lincoln Road, Van Dyne, stated support for Chiemsee Castle. Reinhard Roehlig, 152 Overland Trail, stated he was part owner of the property at 4041 State Road 91, directly east of the proposed development. He expressed concerns with the current relaxed covenants in the business park versus the protective covenants that were established at the time they purchased the property. He explained that the purpose of the business park was to create an environment for professional office buildings. He explained that he was not opposed to day care or the developer, however daycare was not an appropriate use for the property. Norm Packer, part owner of the property at 4041 State Road 91, explained that the relaxed requirements for the building materials and fencing were very significant. He explained that they had purchased the property in 1996 and stated that the covenants were established in 1993. He explained that their expectation had been that the business park was intended for office buildings. He explained that the noise generated from the playground could be disruptive for an office environment. He stated it was unfortunate that the Conditional Use Permit (CUP) application was allowed to proceed to this point. Brian Gabavics, 3706 Rosewood Lane, explained his intents for the child care facility. He explained that the current covenants were not the same as the original covenants that were previously established. He explained that they were compliant with the current building requirements and the only variance required was for a fence, which was required by the State of Wisconsin for licensed child care facilities. He explained that the Airport Overlay District made it difficult to find a suitable location in the area. He explained that zoning regulations required a CUP to be approved. Ceci Gabavics, 3706 Rosewood Lane, explained the child care rates. Bill Aubrey, 2014 Shawnee Lane, stated he was the architect for the day care facility. He explained that the building, except for the fence, was in compliance with the current covenants. He explained that city staff would review the landscape plan and materials for approval. Council Member McHugh questioned the ownership of the property. He questioned if a day care business would be permitted in the downtown business area. He explained that he originally did not think that a day care facility was appropriate for the business park and that it could affect future development in the area, however due to the discussion that ensued he would support the day care facility. 3 Proceedings of the Common Council- May 22, 2007 Council Member Tower questioned Mr. Roehlig's objections to the proposal. He asked various questions related to the site plan. He questioned the purchase price of the property. He questioned how approval of the resolution would impact future development in the business park. He questioned the City's obligation related to a change in covenants regarding the quality of development. He explained his support for the day care facility. Council Member Esslinger questioned the listed price of the property and the rate of sales in the area. He stated support for the day care center and questioned what steps could be taken to appease the situation or to minimize concerns of the adjacent property owners. Council Member Bain questioned when Mr. Packer purchased the property. He questioned if there were plans for future buildings. He questioned the variance required for the current covenants. He explained his support for the day care facility. Council Member King questioned Mr. Packer's initial intent to build out the rest of the property. She questioned the modifications to the original covenants and questioned if the current property owners were notified of the changes. She explained that future notifications should be issued to affected property owners. She explained her support for the day care facility. Council Member Palmeri questioned the occupancy of the current building at 4041 State Road 91 and questioned the possible disruption due to the proposed playground. He asked various questions related to economic development of the day care center. He questioned the intent of the Airport Overlay Zone. He questioned the support from the Plan Commission. He explained his support for the day care facility. Mr. Burich, Jackson Kinney, Director of Community Development, and John Casper, representative from OAEDC, responded. Mayor Tower explained his support for the day care facility. Resolution 07-138 Award Bid 1 Public Works Contract No. 07-051 Concrete Crushing (Michels Corporation, Brownsville, $111,340.00) Resolution 07-139 Award Bid 1 Character Generator System for Community Access Television (Roscor Wisconsin, Milwaukee, $28,590.00) Council Member Palmeri questioned the effect of possible approval of the current video competition bill. Jon Urben, Director of OCAT, responded. Resolution 07-140 Disallow Claim 1 Krempien Resolution 07-141 Disallow Claim 1 Stueber Resolution 07-142 Disallow Claim 1 Acuity Insurance 4 Proceedings of the Common Council- May 22, 2007 Resolution 07-143 Approve Appointments Council Member Palmeri questioned the process for reappointments. He explained that the service of the reappointments was greatly appreciated, however it was important to seek out diversity for the Boards and Commissions. Mayor Tower explained the reappointment process. Resolution 07-144 Approve Miscellaneous Licenses Council Member Bain questioned if there were Class B Licenses, in addition to Cranky Pat's, that had renewal issues. He questioned the appeals process. He requested a current list of establishments with concerns. Council Member King requested an updated list after June 3rd . Council Member Tower questioned the timing of license renewals and appeals. Mr. Wollangk and Ms. Ubrig responded. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 07-137 (Bain; second, Esslinger) CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-137 A Grant Conditional Use Permit - Washburn Street 1 Country USA Site MOTION: CARRIED: ADOPT (Bain; second, McHugh) Ayes (5) Bain, Esslinger, Tower, King, Mayor Tower; Noes (2) McHugh, Palmeri Resolution 07 -137B Grant Conditional Use Permit; Approve Final Planned Development - State Road 91, West of 4041 State Road 91 MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower The Council took a break at 8:11 p.m. and resumed at 8:19 p.m. Action Taken on Ordinances and Resolutions Ordinance 07-145 Amend Room Tax Allocation Amounts MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower 5 Proceedings of the Common Council- May 22, 2007 Ordinance 07-146 Approve Voluntary Attachment-Spring Valley Estates MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower ADOPT (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Council Member Tower questioned if there were any concerns with the ordinance. Mr. Wollangk responded. Ordinance 07-147 Approve Parking Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-148 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-149 Establish Street Grades 1 Omni Business Park (Lots 1-6) MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Tower; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower ADOPT (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Mayor Tower explained the typical procedure related to industrial areas. Mr. Wollangk responded. Ordinance 07-150 Authorize Public Construction 1 Omni Business Park MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Tower; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower ADOPT (Bain; second, Esslinger) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower Resolution 07-151 Establish Fair Market Value; Authorize Purchase 1 419 East New York Avenue ($20,000.00) MOTION: CARRIED: ADOPT (Palmeri; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower 6 Proceedings of the Common Council- May 22, 2007 Resolution 07-152 Approve Combination "Class B" Licenses MOTION: MOTION: CARRIED: MOTION: CARRIED: MOTION: MOTION: CARRIED: ADOPT (Bain; second, Esslinger) DIVIDE RESOLUTION 07-152 INTO: RESOLUTION 07-152A - ANDY'S PLACE AND FOX RIVER PIZZA & BUFFET; AND, RESOLUTION 07-152B - PIONEER RESTAURANT (Esslinger; second, King) Ayes (5) Esslinger, King, Palmeri, McHugh, Mayor Tower; Noes (2) Bain, Tower ADOPT RESOLUTION 07-152A (Esslinger; second, Bain) Ayes (7) McHugh, Bain, Esslinger, Tower, King, Palmeri, Mayor Tower ADOPT RESOLUTION 07-152B (Bain; second, Esslinger) LAYOVER UNTIL JUNE 12, 2007 & SCHEDULE HEARING (Mayor Tower; second, King) Ayes (5) McHugh, Esslinger, King, Palmeri, Mayor Tower; Noes (2) Bain, Tower Charles Sullivan, 5962 Spruce Drive, Elkhorn, representative of the Pioneer Resort, explained the recent history of the Pioneer. He explained that it had been about a year since the DNR issues were resolved. He explained that 2006 was the first year that the license was not utilized. He explained the declining market for condo/hotel development throughout the nation. He explained the development of the marina house and the possibility of a limited service hotel. He explained that there were plans to move forward, but no immediate plans for a restaurant to utilize the liquor license this year. He explained that it was an important part of the parcel to be able to retain the liquor license and he requested an extension to allow them to further their plans. Jay Supple, Supple Restaurant Group, 1621 Congress Avenue, explained they would like a one year extension to continue to look for future development. He explained that the license was last utilized in 2005. He explained that they were currently working with Akcess and considering the possibility of developing a hotel/restaurant facility. He explained that a feasibility study was currently being conducted. Council Member Palmeri questioned the date that the DNR issues were resolved at the Pioneer Resort. He questioned the non-renewal process of licenses. He explained a need for specific information related to future development from the Pioneer Resort. Ms. Ubrig and Mr. Wollangk responded. 7 Proceedings of the Common Council- May 22, 2007 Council Member Esslinger questioned the size of the facility at the Pioneer Resort that would be utilizing the liquor license. He read a letter from Andy Dumke addressing the issue of license renewal for Andy's Place. He questioned a meeting that was recently held in Madison regarding liquor licenses and quota levels. He explained that he would support a hearing related to the license renewal for the Pioneer Resort. Council Member King questioned if there was an option to discuss specific resolutions for the community relating to liquor licenses and quota levels. She questioned the process for that option to be pursued in resolution form. She stated support for dividing the resolution to get more specifics regarding future development from the Pioneer Resort. Mr. Wollangk, Mr. Kraft and Mayor Tower responded. Council Member Bain questioned the time period that the Pioneer had retained the license. He questioned if a limited service hotel would require the license. He questioned when the license for Fox River Pizza & Buffet was last utilized. He questioned the history of the license for Andy's Place. He explained his support for the renewal of the three licenses in question. He explained that he would not support a layover. Ms. Ubrig responded. Council Member Tower questioned if it was realistic that there would be development at the Pioneer Resort in the next year. He explained that the city had a million dollars investment in the property and he explained that he did not support a layover because additional discussion would not merit any additional information from the Pioneer. Mayor Tower questioned the renewal procedure for license holders. Mr. Kraft responded. Citizen Statements Ken Bender, 806 Oak Street, expressed various community concerns and commented positively on the service supplied by Cabulance. Gordon Doule, 1225 Summit Avenue, expressed various community concerns. Rick Wing, 923 Taft Avenue, thanked the City for past and future support for the July 4th parade. Dan Lynch, 310 S. Eagle Street, stated that since comments at the last council meeting there was an increase in police patrol near West High School. He expressed various concerns related to smoking. Chet Wesenberg, 3162 Hayward Avenue, urged Council and city leaders to ask tough questions of the school board relating to the west side growth area and the proposed boundary shift. 8 Proceedings of the Common Council- May 22, 2007 Council Member Statements Council Member Bain announced that the 5th Tuesday Forum would be held May 29th at 6:00 p.m. in the Menominee Park Kiwanis Shelter. He commented on the recent UW-Oshkosh commencement ceremonies in particular the honoring to the women of Mercury 13. He questioned the progress related to the urban deer issue. Mr. Wollangk responded. Council Member Esslinger questioned if City Hall could be staffed for extended weekday hours and Saturday hours. He requested a future update on the issue. Council Member McHugh questioned if the public was aware of payment options. Mr. Wollangk responded. Council Member Palmeri postponed his statements to the meeting of June 1 ih. Council Member King postponed her statements to the meeting of June 1 ih. Mayor Tower reviewed and confirmed future workshops. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk reminded the community of the Memorial Day Procession to be held May 28th. MOTION: CARRIED: ADJOURN (Bain; second, Esslinger) VOICE VOTE The meeting adjourned at 9:37 p.m. PAMELA R. UBRIG CITY CLERK 9