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HomeMy WebLinkAboutMinutes ~ OfHKOJH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Tuesday July 10, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain, Paul Esslinger, 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 Tower read the Invocation. The Pledge of Allegiance was led by Council Member Tower. Consent Agenda The minutes of the June 26,2007 meeting were approved as presented. The Report of the City Manager was read. Council Member Bain questioned the 11 :00 p.m. end time on the request from Kornerstone Recovery Club. He explained the standard end time was 10:00 p.m. Council Member Tower questioned why the block party request form was not being utilized. The bills were presented in the amount of $3,469,512.24. The Report of the City Clerk was read. Resolution 07-186 Amend Conditional Use Permit; Approve Revised Planned DevelopmenU 3401-3413 Logan Drive Council Member McHugh explained he would not support the resolution because other options, which met City codes, were available for the location of the garage. He explained that the Council should follow existing ordinance and zoning regulations. Resolution 07-187 Approve Amendment to Resolution 07-176 I Initial Resolution Asphalt Paving & Utilities I Various Streets 1 Proceedings of the Common Council- July 10, 2007 Resolution 07-188 Approve Change Order No. 21 Public Works Contract No. 06-05 (LaLonde Contractors, Inc., $26,082.94) Resolution 07-189 Approve Change Order No. 11 Public Works Contract No. 06-14 (Kruczek Construction Inc., $35,039.50) Resolution 07-190 Approve Winnebago County Recycling Surplus Revenue Ballot Council Member Tower questioned available options for the recycling revenue surplus. Mr. Wollangk responded. Resolution 07-191 Authorize Jurisdictional Offers & Awards of Damages (if necessary) Ohio Street Council Member Tower asked for clarification regarding offers and awards of damages. Mr. Wollangk and Mr. Patek responded. Resolution 07-192 Approve Amended Agreement 1 Jackson Street & Murdock Avenue Intersection (New City Share $718,750.00) Council Member Bain questioned if the original agreement included a roundabout. He questioned the reason for the monetary increase and the options for the intersection. Council Member McHugh questioned the funding source. He explained that concerns related to the intersection had existed since the Department of Transportation originally designed it. He explained the accident data was not relevant to the design of the intersection, but due to driver error. He questioned if the new design would be a safety improvement. He questioned if a detention pond was related to the intersection. Council Member Esslinger explained that the demolition of the Kentucky Fried Chicken building would remove the parcel from the tax roll. He questioned if the State would pay for the roundabout. He questioned if the DOT included inflation in the construction dollar amount. He explained he did not support the roundabout. Mr. Wollangk and Mr. Patek responded. Council Member Palmeri questioned the possibility of challenging the DOT to pay for the project. He questioned the accident ranking of the intersection. Mayor Tower questioned the possibility of proceeding with the project with a traditional intersection option to reduce the cost. He questioned if safety issues would be addressed with the original plan, which did not include the roundabout. He questioned the construction 2 timetable. He requested a response from the DOT regarding other options and the funding of the project. Proceedings of the Common Council- July 10, 2007 Council Member King explained her support for the resolution. She explained that safety issues were a priority and she explained the financial commitment of the DOT to the community. She explained the possible relocation of the Kentucky Fried Chicken parcel would not result in the loss of tax revenue. Mr. Patek responded. Council Member Tower stated his support and explained that the intersection was in need of improvement. He explained that it was inappropriate to proceed in a sub standard manner. Resolution 07-193 Approve Amendment No. 1 to Engineering Design Services 1 Main Street Paving & Utility Construction ($6,550.77) Resolution 07-194 Disallow Claim 1 Macho Resolution 07-195 Approve Miscellaneous Licenses City Manager Report - Request #31 Kornerstone Recovery Club Picnic MOTION: KORNERSTONE RECOVERY CLUB PICNIC REQUEST CHANGE 11 :00 P.M. TO 10:00 P. M. (Bain; second, Mayor Tower) CARRIED: Ayes (6) Tower, King, Palmeri, McHugh, Bain, Mayor Tower; Noes (1) Esslinger MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-186 AND 07-192 (Palmeri; second, Bain) CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower Resolution 07-186 Amend Conditional Use Permit; Approve Revised Planned DevelopmenU 3401-3413 Logan Drive MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (6) Tower, King, Palmeri, Bain, Esslinger, Mayor Tower; Noes (1) McHugh Resolution 07-192 Approve Amended Agreement 1 Jackson Street & Murdock Avenue Intersection (New City Share $718,750.00) MOTION: ADOPT (Bain; second, Esslinger) MOTION: LAYOVER UNTIL JULY 24,2007 COUNCIL MEETING (Mayor Tower; second, Esslinger) 3 CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower Proceedings of the Common Council- July 10, 2007 Action Taken on Ordinances and Resolutions Ordinance 07-196 Amend Smoking Ordinance FIRST READING; LAID OVER UNDER THE RULES Daniel Lynch, 310 S. Eagle Street, expressed opposition with the revision to the smoking ban. He explained support for the proposed State wide smoke free work place legislation. Kathleen Propp, 1936 Hazel Street, expressed concerns with the revision to the smoking ban. She explained support for the proposed State wide smoke free work place legislation. Ordinance 07-197 Ban Cottonwood Tree Planting FIRST READING; LAID OVER UNDER THE RULES Resolution 07-198 Authorize Preparation of Tax Increment Finance Plans for Convention Center Upgrade MOTION: ADOPT (Bain; second, Esslinger) MOTION: FINAL PARAGRAPH TO READ NOW THEREFORE BE IT RESOLVED BY THE COMMON COUNCIL OF THE CITY OF OSHKOSH THAT THE PROPER CITY OFFICIALS ARE HEREBY AUTHORIZED AND DIRECTED TO PREPARE COST ALTERNATIVES WITH REGARD TO THE FUTURE OF THE OSHKOSH CENTER INCLUDING: A) TAX INCREMENT DISTRICT PLANS FOR IMPROVEMENTS TO THE CONVENTION CENTER AS SET FORTH IN THE ARCHITECTURAL REPORT PREPARED BY KUBALA WASHATKO ARCHITECHTS; B) ANALYSIS OF POTENTIAL SALE OR DONATION OF PROPERTY; C) DEMOLITION OF THE PROPERTY; D) FUNDING FOR RENOVATIONS THRU CIP (CAPITOL IMPROVEMENT PROGRAM) BUDGET (King; second, Mayor Tower) WITHDRAWN MOTION: CARRIED: TABLE (Tower; second, Mayor Tower) Ayes (6) Tower, King, McHugh, Bain, Esslinger, Mayor Tower; Noes (1) Palmeri Kevin McGee, 1244 Wisconsin Street, stated he did not consider it a good use for the property tax dollars. He explained that Tax Increment Finance Districts were implemented at the expense of taxpayers. He explained the following options for the Convention Center; 4 give it away, reinvest the generated revenue into the center, tear it town, or allow other hotels and interested groups to invest the generated monies from higher room taxes back into the convention center. Proceedings of the Common Council- July 10, 2007 David Borsuk, 1970 Cliffview Court, explained that it was time to close out the TIF and return the monies to the local tax entities. He expressed concerns with the proposed plans and urged the City to explore all available options. Council Member Palmeri stated his opposition to the resolution. He explained that the public did not support it. He compared the number of TIFS in local areas to those existing in Oshkosh. He explained that new TIFS should not be created before the annual report summarizing the progress in the TIF districts was received. He explained that alternative options should be provided. He stated his opposition to the proposed amendment. He explained that he did not want to limit the available options and questioned if an amendment to direct staff was necessary. He questioned the urgency of the issue. Council Member King questioned if the City was contributing to the operational costs for maintenance of the center. She explained that the City still had debt service that was being paid for by the hotellmotel tax. She explained her proposed amendment and stated she thought it necessary to have a cost estimate chart for comparisons. She explained her withdrawal for the amendment and stated that written documented memos were necessary to achieve results. She explained it was necessary for the Council to investigate all viable solutions. Mr. Wollangk responded. Council Member McHugh asked for clarification on the proposed amendment. He explained that the Center lacked public support. He explained his opposition to the proposed amendment because of the limitation to available options. He stated he would not support a TIF for the Convention Center. Mayor Tower responded. Council Member Esslinger asked for clarification on the amendment. He explained that he supported the concept but did not support the amendment. He explained that if the resolution was approved the TIF district would exist for another twenty years and if it was not approved it would expire this year. He stated that citizen input could be included in a workshop. He explained that there was a large investment in the Convention Center and it was prudent to explore all options. Council Member Tower stated his opposition to the amendment because it was too specific. He explained that an additional workshop could include all interested parties, citizen's input and consideration for alternative financing. He questioned the timing for the TIF. He questioned the availability of the Foundation money. Mayor Tower questioned the timing for the creation of the TIF. He questioned the exploration 5 of cost estimates. He explained a workshop could be structured to include public input. He explained he did not support the resolution because he did not want Staff to prepare the TIF if that was not the final direction. He explained he would support an additional workshop. Proceedings of the Common Council- July 10, 2007 Mr. Wollangk and Jackson Kinney, Director of Community Development, responded. Council Member Bain questioned why information was not requested at the prior workshop. He explained it was not a viable option to ignore the necessary capital improvements. He explained he was not opposed to the TIF, however additional available funding could be explored. He questioned the procedure for a future resolution. Mr. Kraft responded. Resolution 07-199 Amend Master Development Agreement Term Sheet for Disposition of Marion Road 1 Pearl Avenue Redevelopment Phase II Area to Akcess Acquisition Group LLC MOTION: ADOPT (Bain; second, Esslinger) MOTION: CARRIED: CALL THE QUESTION (King; second, Mayor Tower) Ayes (6) Tower, King, McHugh, Bain, Esslinger, Mayor Tower; Noes (1) Palmeri VOTE ON RESOLUTION: CARRIED: Ayes (5) Tower, King, McHugh, Bain, Mayor Tower; Noes (2) Palmeri, Esslinger Ken Bender, 806 Oak Street, expressed various concerns with the plan including the Chamber Building. Dick O'Day, 715 Hazel Street, expressed concerns with the plan. Lois Luebke, Harrison Street, expressed concerns with the plan. Council Member Bain asked for clarification regarding tenant occupancy. He questioned Item #5 in the Development Agreement. He questioned if all related projects required Council approval. He explained that the Council was not legally bound to accept an office complex if the term sheet was approved. He explained that it would be disingenuous to enter into the term sheet if it wasn't realized that the office complex was a cornerstone for the development. He explained that he may not be in full support of all aspects but it presented wonderful opportunities. He explained that the office complex coupled with the hotel and restaurant project was encouraging. He stated his support for the resolution and explained that it was a benefit to the community. He thanked the Akcess Group for their work. Tim Rickers, Akcess Acquisiton Group, and Mr. Kinney responded. 6 Council Member McHugh questioned total involvement of the Council. He questioned the responsibility of environmental issues. He explained that he was not prepared to vote on specific plans for the development. He questioned if denial of the resolution would cause the Akcess Group to pull out of the agreement. Proceedings of the Common Council- July 10, 2007 Council Member King questioned if parcel plans had been received. She questioned the closing date for the first parcel. She asked various drafting questions related to the Council's approval role. She explained that the only role of the Council was related to parcel plan approval. She questioned which City entity was responsible for Item #6(p) of the Development Agreement. She questioned the time frame and the amount due for the next debt service payment. She explained that it was necessary to have a business component to build the tax base. She stated her support for the resolution. She expressed her gratitude to the Rickers and explained that the document represented a continued relationship with the Akcess Group. Council Member Palmeri questioned if approval of the resolution denoted approval for an office complex. He explained that the public did not support the aspect of an office complex on the Fox River or the demolition of the Chamber building. He questioned the relocation of businesses, which would create more vacant office space. He questioned the feasibility of a hotel development. He explained his opposition to the resolution and stated his non- support was not a negative reflection upon the Akcess Acquisition Group. Council Member Tower explained his support for the resolution. He questioned what could be expected on site in the next year. He questioned the timing for the next status report. He questioned results of a condominium study. He explained that it was an aggressive term sheet and stated that Akcess was a good partner. Mr. Kinney, Mr. Kraft, Tim Rickers and Fred Rickers, Akcess Acquisition Group, responded. Council Member Esslinger explained he initially thought the resolution was soley related to a re-arrangement of terms. He explained that through discussion it was noted that support of the resolution also supported the concept of an office complex. He questioned the decision-making role of the Council. He explained that there had been previous discussion at the joint meeting of the Redevelopment Authority and the Council where Council Members had stated an issue with the development of an office complex. He explained his opposition to the resolution and thanked the Akcess Group for their diligence. Fred and Tim Rickers responded. The Council took a break at 9:35 p.m. and resumed at 9:45 p.m. Citizen Statements Ken Bender, 806 Oak Street, expressed concerns related to Snell Road improvements, roundabouts, and city traffic. 7 Steve Everding, 1760 Alexandra Court, expressed concerns related to fire pits/bowls. Council Member King questioned what prompted the issue. Proceedings of the Common Council- July 10, 2007 Council Member Palmeri questioned current burning regulations and if there had been complaints on the issue. Mr. Wollangk responded. Dick O'Day, 715 Hazel Street, questioned the City's financial investment in the waterfront. He expressed various concerns related to the Water Treatment Plant and the proposed riverwalk. Lois Luebke, Harrison Street, expressed various community concerns. Steve Barney, 1260 Elmwood Avenue, commented on sustainable communities and the US Mayor's Climate Agreement. Council Member Statements Council Member Tower commented on the positive experience he had at Pollock Community Water Park. He expressed concerns with a negative experience that he had encountered at Little Oshkosh in Menominee Park. He thanked the private sector for their contributions to both entities. Council Member Palmeri explained that Best Buy had an interest in locating in Oshkosh. He explained that a city in Montana required "big box" stores to submit plans for re-use of the structure upon their departure. He asked Council Members to contact him if they were interested in initiating a similar ordinance. He explained that Green Bay had a program entitled "Sustainable Green Bay" and it was a publiclprivate partnership to encourage energy efficiency. He encouraged Oshkosh to become a sustainable city. Council Member Bain expressed concerns with the length of the meetings noting that the context of the meetings was critically important. He suggested various alternatives including more frequent meetings, separation of business meetings and workshops or re-structuring the meetings andlor workshops. He stated that it was important not to limit discussion. He expressed concerns with parliamentary procedure. He explained that the current procedure was not in the best interest of the City. He stated it was important to receive workshop information in advance. Council Member King questioned if the new format added to the length of the meetings. She explained possible changes to the consent agenda. She suggested speaker time limits or more aggression related to parliamentary procedure. She suggested holding workshops prior 8 to the Council meeting. She stated support for the water utility workshop to be presented in memo form. She questioned if it was possible to receive input from the current ownerlreal estate broker of the hotel prior to the related workshop. Mr. Wollangk and Mr. Kraft responded. Proceedings of the Common Council- July 10, 2007 Mayor Tower explained that he did not favor limiting discussion. He questioned if format change would affect the length of the meetings. He explained he would support time limits on general discussion if it was a decision by the Council. He explained that Robert's Rules of Orders could be changed. He expressed concerns with more frequent meetings. He explained he would entertain the possibility of scheduling workshops for alternate Tuesdays. He encouraged the Council to research questions of Staff prior to the meeting. He explained that the Council could re-structure the consent agenda to the previous format. He questioned if Council packets could be received a day earlier. He explained his support for the water utility workshop scheduled for the next meeting. He explained the information required and the structure for the upcoming Convention Center workshop. Mr. Wollangk responded. Council Member McHugh expressed concerns with time frame in which Council received their packet prior to Council meetings. He explained that for items that would not to be acted on the information could be received in memo form. Council Member Tower expressed concerns with more frequent meetings. He explained possible conflicts and stated he would consider procedural changes. He explained it would be helpful to have workshop information in advance. He explained support for the water utility workshop. Council Member Esslinger explained that the lengthier meetings were due to the context of recent issues and that it was not the norm. He explained that scheduling workshops prior to the Council meeting could limit important discussion. He explained that Council Members should be mindful of the time requirements. He explained that he was sensitive to the extended hours, however he supported the current format. He questioned if the water utility workshop could be presented in the form of a memo. Mr. Wollangk responded. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk explained that the Library Board was meeting July 11th to discuss their strategic plan. He announced that "The Tusks" exhibit recently opened at the Museum. He explained that "Harry Potter's Oshkosh Main Street Magic" would take place July 19th - 21 st and he announced that the Mayor would be participating in the extravaganza as the Minister of 9 Magic. He announced the upcoming EAA event. MOTION: ADJOURN (Bain second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 10:55 p.m. PAMELA R. UBRIG CITY CLERK 10