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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday March 13, 2007 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower,
Shirley Mattox, Meredith Scheuermann 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 McHugh read the Invocation.
The Pledge of Allegiance was led by Chris Ross from Carl Traeger Elementary School; and,
Jake Ross from Carl Traeger Middle School.
Public Hearing
The Mayor ordered the following Public Hearing:
Approve Zone Change - Intersection of North Washburn I STH 21 lUSH 41
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the February 27, 2007 meeting were presented as written.
The Report of the City Manager was read.
Brian Poeschl, 532 W. 18th Avenue, stated his support for the 2007 Waterfest Concert Series
and the time frame noted in the request.
William Gabert, 55 Bowen Street, urged Council to limit the Waterfest Concert Series to a
10:00 p.m. curfew.
Council Member Bain explained that in 2006 there were two concerts that ended after 10:35 p.m.
and he added that the 11 :00 p.m. time frame was established in case of weather delays. He
made a request for Council to receive an update regarding ending times for the 2007 concerts
when the request comes forward in 2008. He stated his support for the 11 :00 p.m. curfew and
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expressed his appreciation for the concern that was presented.
Proceedings of the Common Council- March 13, 2007
Council Member Mattox stated her support for the Waterfest Concert Series and explained the
established time frame was not exceeding an appropriate time period. She questioned if the
noise decibels were measured or if there was an appropriate decibel level for concerts.
Michael Dempsey, Waterfest representative, stated that standards were set by the industry. He
explained various measures were taken to reduce the noise and stated complaints were
reviewed by the police department.
Council Member Esslinger questioned the noise ordinance and if the passage of the request
would supercede the existing ordinance. He explained the couple of times the concert exceeded
10:30 p.m. was not unreasonable and he stated his support for the current time frame.
Attorney Kraft responded.
Council Member Tower explained that it was requested at the last Council Meeting to have the
City Manager check with other communities as to their policies and he questioned the findings.
Mr. Wollangk responded.
Council Member Scheuermann explained she would vote present due to her employers'
involvement.
The bills were presented in the amount of $2,848,261.15.
The Report of the City Clerk was read.
Resolution 07-80 Approve Bid for Road Materials /2007 (Various)
Resolution 07-81 Waive Bids & Purchase Survey Equipment for Department of Public
Works (Seiler Equipment, $30,000.00)
Council Member McHugh questioned if Trimble apparatus interfaced with the present system.
He questioned why monies were not allocated in the budget for the expenses and questioned
if the cost could be included in the next budget cycle. He explained he was an advocate of the
City Ordinance that required bids for items exceeding $25,000 so he would not support the
resolution.
Council Member Esslinger questioned why the equipment was not bid out. He explained he
was not comfortable with the fact that there could be other vendors available to submit a bid.
Council Member Mattox questioned if servicing and training would be completed in a timely
manner when dealing with a representative out of the regional area.
Council Member Scheuermann questioned if Seiler was the only authorized distributor for
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the Midwest.
Proceedings of the Common Council- March 13, 2007
Mr. Wollangk, Mr. Patek and Steve Gohde, Assistant Director of Public Works, responded.
Mr. Gohderesponded.
Mayor Castle stated his support for the resolution and explained that Council had the option
to waive bids.
Resolution 07-82 Disallow Claim 1 Sullivan's Cleaning & Restoration Service
Resolution 07-83 Approve Appointments
Resolution 07-84 Approve Miscellaneous Licenses
Dennis Schwab, 601 Oregon Street, stated his support for a liquor license for Club Element
and answered questions of Council.
Council Member Esslinger questioned the available parking.
MOTION:
CARRIED:
MOTION:
CARRIED:
Resolution 07-81
MOTION:
CARRIED:
ADOPT CONSENT AGENDA EXCLUDING ITEM V OF THE CITY
MANAGERS REPORT (2007 WATERFEST CONCERT SERIES) AND
RESOLUTION 07-81 (Esslinger; second, Scheuermann)
Ayes (7) McHugh, Bain, Esslinger, Tower, Mattox, Scheuermann, Castle
ADOPT 2007 WATERFEST CONCERT SERIES (ITEM V OF THE
CITY MANAGERS REPORT) (Esslinger; second, Bain)
Ayes (6) McHugh, Bain, Esslinger, Tower, Mattox, Castle;
Present (1) Scheuermann
Waive Bids & Purchase Survey Equipment for Department of Public
Works
ADOPT (Esslinger; second, McHugh)
Ayes (5) Bain, Tower, Mattox, Scheuermann, Castle;
Noes (2) McHugh, Esslinger
Action Taken on Ordinances and Resolutions
Ordinance 07-85 Approve Zone Change-Intersection of North WashburnlSTH 21/USH 41
FIRST READING; LAID OVER UNDER THE RULES
Resolution 07-86 Approve Developer Agreement Terms 1 Hazel Street
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MOTION: ADOPT (Bain; second, Scheuermann)
CARRIED: Ayes (6) Bain, Esslinger, Tower, Mattox, Scheuermann, Castle;
Noes (1) McHugh
Proceedings of the Common Council- March 13, 2007
Council Member McHugh stated concerns with various Tax Incremental Financing (TIF) and the
lengthy time frame involved. He explained he was uncomfortable that the Council was placed
as an intermediary between the present owner and the proposed new owner. He explained
there should be no risk to the City and stated he would not support the resolution.
Mayor Castle explained per the developers agreement, if the current developer did not complete
the senior housing component by December 31,2006 the $800,000 provided to the project was
required to be repaid by December 31,2009. He questioned if Mercy Medical Center paid taxes
on the property when they were the owners. He commented positively on the proposed Pay/Go
Commitment.
Mr. Wollangk responded.
Don Anbar, Managing Member of CRL LLC, read a letter introducing the company and
identifying the re-purposing of the original Mercy Medical Center. He also answered various
questions of the Council.
Council Member Tower questioned the Citys' viewpoint on the development. He explained that
he was convinced the former developer would not walk away with money at the expense of the
taxpayers and he stated his support for various reasons.
Jackson Kinney, Director of Community Development, responded.
Council Member Scheuermann questioned the two different types of TIF's. She questioned the
proposal in the amended Developers Agreement regarding the $800,000. She stated it was
important to view each opportunity on its own merits. She thanked the developer for their
investment in Oshkosh.
Council Member Bain questioned the research conducted to warrant the need for the facilities
and the investment. He questioned the plans for a parking deck. He also questioned if the City
would be reimbursed if the project failed. He explained he would support the project because
of the process it went through and of the positive results that would be achieved.
Mr. Kinney, Mr. Anbar and Duwayne Hellwig responded.
Council Member Esslinger questioned the potential risk involved. He questioned if it was similar
to a forgivable loan. He also questioned background information on the former project and what
happened to the $800,000 that had been provided for the project, along with various questions
related to the former contract. He questioned the termination date for the TIF.
Mr. Anbar and Mr. Kinney responded.
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Council Member Mattox explained the project was an example of smart growth and she
stated her support.
Proceedings of the Common Council- March 13, 2007
Resolution 07-87
Authorizing the Issuance of a $2,708,000 Taxable Tax Increment Revenue
Bond of the City of Oshkosh, Wisconsin to CRL, LLC or Assigns
MOTION:
CARRIED:
ADOPT (Bain; second, Esslinger)
Ayes (6) Bain, Esslinger, Tower, Mattox, Scheuermann, Castle;
Noes (1) McHugh
Resolution 07-88
Approve Reimbursement Agreement / Hazel Street
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bain)
Ayes (6) Bain, Esslinger, Tower, Mattox, Scheuermann, Castle;
Noes (1) McHugh
Citizen Statements
Dan Rylance, 602 E. Parkway Avenue, stated his support for the resolutions regarding the
Mercy property and necessary sidewalk and street repairs. He stated that any contributions to
Council Members from Mr. Ganther should have been acknowledged and/or they should have
recused themselves from voting on the project.
Brian Poeschl, 532 W. 18th Avenue, complimented the City transit employees and their diligent
service. He explained the location of some bus stops were too close to intersections and he
suggested the Traffic and Transit Committees partner together to resolve the issue.
Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community.
Council Member Statements
Council Member Mattox announced that Governor Doyle was proposing Wisconsin to be the first
state to market itself as an eco-tourism place.
Council Member Tower recognized the winner of the Business Plan Competition of Northeast
Wisconsin, The Luggage Club, which was a company that originated in Oshkosh. He also noted
that one of the other five finalists in the competition was an employee of UW-Oshkosh. He
stated that the concept of entrepreneurship in the area was growing.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated that the City had recently received the 2006 Wisconsin Ready Mix Concrete
Award for the Pollock Community Water Park. He explained there would be a workshop with
the Wisconsin Department of Transportation after the Council meeting on May 8th. He stated
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that a workshop with CHAMCO / OAEDC was scheduled for March 2th and a workshop to
discuss the Near East Neighborhood was scheduled for April 1 oth.
Proceedings of the Common Council- March 13, 2007
MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE REGARDING THE CITY MANAGER
PURSUANT TO SECTION 19.85(1 )(C) OF THE WISCONSIN STATE
STATUTES (Tower; second, Esslinger)
CARRIED: Ayes (7) McHugh, Bain, Esslinger, Tower, Mattox, Scheuermann, Castle
MOTION: ADJOURN (Esslinger; second, Bain)
CARRIED: VOICE VOTE
The meeting adjourned at 8:06 p.m.
PAMELA R. UBRIG
CITY CLERK
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