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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday July 24, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower, 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 King read the Invocation. The Pledge of Allegiance was led by the Oshkosh Police Department Honor Guard. A proclamation was presented by Mayor Tower declaring July 24,2007 as" David W. Erickson Day" in the City of Oshkosh. Public Hearings The Mayor ordered the following Public Hearings: Resolution 07-200 Approve Final Resolution - Asphalt Paving & Utilities I Various Streets Bernie Pitz, 617 W. Irving Avenue, explained that it would be beneficial for a seal coat program to be initiated for the maintenance of the streets. There were no further appearances and the Public Hearing was CLOSED. MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (7) King, Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Resolution 07-201 Approve Final Resolution Vacating McClone Drive There were no appearances and the Public Hearing was CLOSED. MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (7) King, Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Consent Agenda 1 Proceedings of the Common Council- July 24, 2007 The minutes of the July 10,2007 meeting were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $5,404,067.67. The Report of the City Clerk was read. Resolution 07-202 Grant Conditional Use Permits; Approve Planned Developments A) South Washburn Street, South of 3125 South Washburn Street B) Ohio Street, Bridgeview Centre C) Stearns Drive I Lesnick Development Resolution 07-203 Approve Intergovernmental Agreement I Town of Nekimi Council Member Palmeri questioned who was involved with the negotiation of the Intergovernmental Agreement. He stated he did not support the resolution and explained that intergovernmental agreements should be reviewed in the same time frame as the Comprehensive Plan. He explained that the City, County, Town and the School Board should be involved in the issues. Council Member King questioned if residents of the impacted area received notification. Mr. Wollangk explained that the Director of Community Development, the Director of Planning, the City Attorney, and the City Manager negotiated the Intergovernmental Agreement. He explained that the township was responsible for notifications. Resolution 07-204 Award Bid for Truck Service Body for Water Distribution Center (Monroe Truck Equipment, $35,978.00) Tim Rupiper, representative of Casper's Truck Equipment, asked for their proposal to be re-considered. He explained the circumstances and time line of events and stated that their bid was $3,952.00 less than the accepted bid. Jason Sagorac, representative of Casper's Truck Equipment, responded to various questions. Council Member Palmeri asked various questions related to the bid process and the time line of events. He stated his support for the item to be re-bid. Council Member Tower questioned when Council Members were contacted by Casper's Truck Equipment. He questioned the bid process. He stated his support for the item to be re-bid. Council Member Esslinger questioned if the item could be re-bid. Council Member McHugh questioned the required specifications. He questioned the document language. 2 Proceedings of the Common Council- July 24, 2007 Council Member King questioned how often bids were disqualified because they did not meet specifications and why those disqualified were not acknowledged in the documents. She stated her support for the item to be re-bid. Council Member Bain expressed a concern that precedent would be set if the item was re-bid. Mayor Tower explained his support for the item to be re-bid. Mr. Wollangk explained that Casper's Truck Equipment did not meet the required specifications. Mr. Fitzpatrick, Director of Administrative Services, explained the bid process and the required specifications. Mr. Kraft explained that the dead line for submittal of documentation was at the time of the bid opening and he explained the mandate from the Supreme Court. He explained that the submitted bid did not meet the required specifications and he explained that brand names could be specified in the specs. He explained that bids were rarely disqualified. He stated the item could be re-bid and he explained the process. Resolution 07-205 Award Bid & Approve Change Order for Crack Filler Melter Applicator I Street Division (Sherwin Industries, $40,812.08) Resolution 07-206 Disallow Claim I Fournier Resolution 07-207 Approve Appointments Resolution 07-208 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-203 AND 07-204 (Bain; second, Esslinger) CARRIED: Ayes (7) King, Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Resolution 07-203 Approve Intergovernmental Agreement I Town of Nekimi MOTION: CARRIED: ADOPT (Bain; second, Esslinger) Ayes (6) King, McHugh, Bain, Esslinger, Tower, Mayor Tower; Noes (1) Palmeri Resolution 07-204 Award Bid for Truck Service Body for Water Distribution Center (Monroe Truck Equipment, $35,978.00) MOTION: LOST: ADOPT (Esslinger; second, Bain) Ayes (1) Bain; Noes (6) King, Palmeri, McHugh, Esslinger, Tower, Mayor Tower 3 Proceedings of the Common Council- July 24, 2007 Action Taken on Ordinances and Resolutions Ordinance 07-209 Amend Smoking Ordinance MOTION: ADOPT (Bain; second, Esslinger) MOTION: LOST: AMEND 3A IN SECTIONS 1 AND 2 TO ADD TO END OF FIRST SENTENCE "WHICHEVER COMES FIRST" (Bain; second, Mayor Tower) Ayes (3) Bain, Esslinger, Mayor Tower; Noes (4) King, Palmeri, McHugh, Tower VOTE ON MOTION TO ADOPT: LOST: Ayes (2) Esslinger, Mayor Tower; Noes (5) King, Palmeri, McHugh, Bain, Tower Heidi Foster, representative of Winnebago County Tobacco Free Coalition, expressed concerns related to the amendment of the smoking ordinance. Joe Berger, business owner of 2015 Harrison Street, stated that he lost business due to the current ordinance. He explained it was important to support small businesses. Ken Bender, 806 Oak Street, explained his support for the resolution. Robert Cornell, 548 W. Smith Avenue, explained that it was inappropriate to change an ordinance that was supported by the voters/citizens of Oshkosh. He explained that it was an individual legislation and the Council was elected to represent all the people. Mayor Tower stated his support for the ordinance. He explained that it was reasonable to acquire the data related to exemptions prior to the establishment of the smoking ban. Council Member Bain questioned the document language related to the ninety-day time frame. He explained the proposed amendment. He explained that the citizens approved the ordinance and that they did allow for an exemption. He questioned if there was a process to allow smoking for the first ninety days for taverns that clearly qualified for the exemption policy. Council Member Palmeri explained he did not support the amendment. He explained that he sympathized with Mr. Berger's dilemma. He expressed concerns with the Council amending an ordinance that was supported by referendum. Council Member Esslinger questioned the amendment. He explained his intent to encourage business in the City. He stated his support for the amendment and explained that citizen led referendums could be changed after a two year time period. 4 Proceedings of the Common Council- July 24, 2007 Council Member Tower asked for clarification on the amendment. He explained that the Council had the right to make a change however it was the wrong time to do so on the basis of one case. He explained that issues with the ordinance should not be addressed individually. Council Member McHugh explained his frustration with loopholes that existed in the current smoking ordinance. He explained his support for the referendum results from the voters. Mr. Kraft explained various situations related to the ninety-day time frame. Ordinance 07-210 Ban Cottonwood Tree Planting MOTION: LOST: ADOPT (Bain; second, Esslinger) Ayes (1) McHugh; Noes (6) King, Palmeri, Bain, Esslinger, Tower, Mayor Tower Council Member McHugh stated that the cottonwood tree was a willow tree. He explained that the eastern cottonwood produced bothersome cotton and that there were also two sterile cottonwood trees that did not produce cotton. Resolution 07-211 Approve Amended Agreement / Wisconsin Department of Transportation / Jackson Street & Murdock Avenue Intersection (New City Share $718,750.00) MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (6) King, Palmeri, McHugh, Bain, Tower, Mayor Tower; Noes (1) Esslinger Steve Barney, 1260 Elmwood Avenue, expressed his concerns related to the intersection. Ken Bender, 806 Oak Street, expressed his concerns related to the intersection. Shirley Brabender-Mattox, 1313 Jackson Street, stated her support for the resolution. Robert Cornell, 548 W. Smith Avenue, stated his support for the resolution. Kevin McGee, 1244 Wisconsin Street, explained that roundabouts were a safety improvement for automobiles. He expressed concerns regarding the impact of the design for pedestrians and bicyclists. Dave Thorn, 100 Court Street, stated that he was a semi driver and the intersection was difficult to maneuver. He explained that maneuvering in a roundabout was also difficult dependent upon the time of day. Lois Luebke, Main Street, expressed her concerns. 5 Proceedings of the Common Council- July 24, 2007 Council Member Palmeri asked various questions related to Mr. Thorn's experiences with roundabouts. He questioned pedestrian safety. He questioned if traffic avoided roundabouts. He questioned the savings related to the non-operation of traffic lights. He explained a roundabout would be more cost effective in the long term, it was safer for vehicular traffic, and he hoped it would be safer for pedestrians and bicyclists. He stated his support for the resolution. Council Member McHugh questioned the maneuverability of tandem trucks and roundabouts. He questioned pedestrian signage. He explained that a cost benefit for the roundabout was the fact that traffic was constantly in motion. Council Member King questioned Mr. Thorn's recommendation as a professional truck driver. She explained that she supported the concept for a roundabout. She explained that the roundabout would be safer because it encouraged people to drive slower and to pay more attention to their surroundings and pedestrians. Mayor Tower explained a brief history of the intersection. He questioned the comparisons between a roundabout and a traditional intersection. He stated his support for the resolution. He thanked Mr. Bertrand for the additional information. Council Member Esslinger questioned the cost estimate for the roundabout and if it was guaranteed that the City would pay less than $100,000.00 for the difference between a roundabout and a signal option. He questioned the safety issues of the intersection and stated accident statistics. He questioned moving the bike route to Wisconsin Street. He explained that he did not support the resolution. Council Member Tower questioned the time frame. He questioned if the roundabout concept was designed for increased traffic volume. He questioned who was responsible for the educational component. He asked for cost clarification. Council Member Bain questioned the layout of the current intersection. Bill Bertrand, representative from the Department of Transportation, explained that there was a need to improve safety and operation of the intersection. He explained that modern roundabouts featured design elements that addressed safety issues. He explained the features of a truck apron in the middle of the roundabout that was designed for semi-trailers. He distributed informational packets to the Council and reviewed the benefits and aspects of roundabouts. He explained various aspects of roundabout options versus signal options. He explained that traffic counts remained relatively the same for the usage of roundabouts. He explained that the existing bike route could be moved to Wisconsin Street. He explained the tentative schedule date was 2009 and he stated the design would serve the intersection well into the future. He explained that the educational component would be a combined effort. He explained that the cost to the City would be about twenty five percent for the roundabout. He explained that the over-all cost to the City for design, construction and real estate would be about the same for both options. He explained the differences in the real estate costs. He 6 Proceedings of the Common Council- July 24, 2007 explained that previously the costs for the real estate had been estimated as a fee acquisition and since that time it now included easements for a number of areas so the amount of real estate costs had decreased. He explained the estimated dollar cost now was approximately $625,000.00 to $635,000.00. Mr. Patek explained that the agreement was for $718,000.00. He explained the dollar amount was an estimate. He explained that there would be monetary savings related to the non- operation of traffic lights that would include monthly electrical bills and ongoing maintenance. The Council took a break at 8:50 p.m. and resumed at 9:00 p.m. Resolution 07-212 Determination of Necessity to Acquire Property /120 Jackson Street & Adjacent Lot MOTION: LOST: ADOPT (Bain; second, Esslinger) NOES (7) King, Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Ken Bender, 806 Oak Street, stated his opposition to the resolution. Bernie Pitz, 617 E. Irving Avenue, explained his opposition to the resolution. Dave Thorn, 100 Court Street, stated improvements were needed at the intersection. Lois Luebke, Main Street, expressed her opinions. Council Member King questioned the lease payment amount received from the Chamber. She questioned if there were assignment provisions in the lease. She questioned the ownership of the land and the parcel size. She explained her opposition to the resolution. She questioned the future bridge project. She explained it was a complicated issue and she questioned the safety issues, the timing of the realignment, the possible funding opportunities, and the relationship between the Chamber and the City. She explained that the Chamber did have various options and given other financial issues the project seemed speculative. Mayor Tower questioned if the acquisition was funded by the Marion Road tax increment financing (TIF). He questioned the time frame for the TIF to be retired. He explained that he saw a need for Division Street to be re-aligned. He explained he did not support tearing down a structurally sound building that was occupied. He explained he did not support the resolution because the current timing of the purchase was not appropriate. Council Member McHugh questioned the time frame for re-construction of the intersection. He questioned the plans from the Department of Transportation (DOT) for the future re- configuration of Jackson Street. He questioned the project cost. He questioned the difference between fair market value and appraised value. He explained his opposition to the resolution. 7 Proceedings of the Common Council- July 24, 2007 Council Member Tower questioned the plan for Marion Road. He questioned the unknowns related to the intersection and the various access drives. He questioned the concerns of City Center. He questioned the risk involved in approving the item at a later point in time. He explained that he was not sure it was the best decision at this point in time and he explained he could not justify the expenditures so he would not support the resolution. Council Member Bain questioned the alternatives for the street improvement project. He questioned if there had been a previous resolution regarding the purchase of the Chamber building. He explained that there was speculation on both sides. He explained a possible benefit of the business re-Iocating and creating a larger tax base for the City. He explained that it was best to weigh all of the options to determine what was best over-all and not just focus on one component being the best decision. Council Member Esslinger questioned if the main reason for the project was to aid truck traffic to get downtown. He questioned the plans for Riverway Drive. He explained that the Jackson Street/Marion Road intersection was not included in the sixty nine intersections as outlined by the Department of Transit as being a safety issue and he questioned if Riverway Drive could be expanded to address the current issues. Mr. Kinney responded that the Chamber had a fifty year lease with a forty nine year renewal option and that the Chamber was responsible for the property taxes on the building. He explained it was assumed that the Chamber had the ability to sell the building to others and he explained the history of the building. He explained that the City was proposing to use money from the Marion Road TIF area to cover the purchase of the Chamber property and CIP funds would be utilized in 2009 for the street reconstruction and the demolition of the Chamber building. He explained that TIF 13 was projected to retire in 2013. He explained the estimated cost of the Chamber property was $550,000.00, building demolition was $42,000.00, and street re-alignment was $250,000.00. He explained that typically appraisals obtained on property may not be in line with assessed values. He explained that the Marion Road situation was evaluated by Strand & Associates and he reviewed possible alternatives. He explained that the City was in discussion with City Center regarding their concerns. He explained that a resolution had not been brought forward in the past because the Chamber was not interested in the sale of the property. He explained that the future Oregon Street bridge project was projected in about twenty to twenty-five years and it would be partially State funded. He explained the importance of realigning Division Street and the re-creation of the intersection to address safety issues of a pedestrian underpass with the bridge project. He explained that the street improvement project would enhance the current traffic circulation situation including trucks, cars and pedestrians. He explained that there was a future plan to extend Riverway Drive to Marion Road and he explained that Riverway Drive was not an appropriate alternative for improving the intersection and solving the current problems. Mr. Kraft explained he had not reviewed the agreement in anticipation of the questions. 8 Proceedings of the Common Council- July 24, 2007 Mr. Patek stated that various alignments for the re-construction of Jackson Street were mentioned in Mr. Kinney's memo. He explained that the City's Department of Engineering had completed some preliminary designs but the specific design would be completed in the future by the DOT. Council Member Palmeri explained that the safety issue was not credible. He questioned the use of a TIF and he questioned the wisdom of tearing down a structurally sound building that had a use on the hypothesis of what mayor may not happen twenty to twenty-five years into the future. He stated his opposition to the resolution. Resolution 07-213 Grant Conditional Use Permit /640 North Main Street & Adjacent Lot to the South MOTION: CARRIED: APPEAL CHAIR'S RULING (Esslinger) Ayes (5) King, Palmeri, Bain, Tower, Mayor Tower; Noes (2) McHugh, Esslinger MOTION: ADOPT (Esslinger; second, Bain) MOTION: CARRIED: AMEND TWO YEARS TO ONE YEAR (King; second, Bain) Ayes (4) King, Bain, Tower, Mayor Tower; Noes (3) Palmeri, McHugh, Esslinger VOTE ON RESOLUTION AS AMENDED: CARRIED AYES (7) King, Palmeri, McHugh, Bain, Esslinger, Tower, Mayor Tower Andrei Biesinger, 640 N. Main Street, explained that he had a car lot and a service center combined into a single sales unit. He explained a brief history of the business and past violations. He explained the current building and business. He reviewed the conditions that that were associated with the CUP from 2004 and explained that the last violation he was cited for was July 7,2005. He urged Council to grant a permanent Conditional Use Permit (CUP). He explained that the business could not survive without the support of the auto sales. He explained he last sold a vehicle from the business on N. Main Street last year and that the auto sales business had been moved to another property he owned on S. Main Street. He explained that he had sold three to four cars a month at the N. Main Street location. Council Member Esslinger questioned if Mr. Biesinger was aware that the CUP was for a two year period. He explained his support for the CUP to be valid for two years Council Member Palmeri questioned what would happen to the business if a permanent CUP was not granted. He explained that he had visited the N. Main Street site and did not find any violations. He stated his support for the CUP. He called for a Point of Order related to the questioning of the property on S. Main Street and asked for a ruling from the City Attorney. He questioned the propriety of questions for the property on S. Main Street because the resolution was specifically for the property at 640 N. Main Street. 9 Proceedings of the Common Council- July 24, 2007 Council Member McHugh questioned the procedure for a permanent CUP. He explained that he had visited the N. Main Street site and he did not find any violations. He explained his support for a permanent CUP. Council Member King asked various questions related to the auto sales. She questioned staff availability related to monitoring compliance. She questioned the vote procedure related to the motion to Appeal the Chair and she called for a point of clarification. She explained that a one year approval date was appropriate. Council Member Tower questioned the number of autos sold from the N. Main Street location during the time period of the CUP. He questioned the auto sale operation. He asked for clarification on the violations related to the S. Main Street location. He explained that he asked the question related to the S. Main Street site because the businesses were intertwined. He questioned if there were documented violations since 2005 at other locations. Council Member Bain clarified the intent of the resolution. Darryn Burich, Director of Planning, explained that it was not uncommon to recommend a limited CUP where there had been previous concerns related to the operation and/or maintenance of a site. He explained that due to staff turnover there was a decline in the frequency of inspections, which accounted for a decrease in cited violations. He explained that there were currently violations on the S. Main Street site and he questioned the operation on N. Main Street. He explained that there were correction notices issued for 1203 S. Main Street on May 24,2007, June 27,2006 and he explained that were current issues as of July 24,2007. Mayor Tower explained that the questioning related to the site on S. Main Street was pertinent to the CUP request for the site on N. Main Street. Mr. Kraft explained that it was the Mayor's call and the Council could appeal the decision of the Chair, which was a Point of Order in Parliamentary Procedure. He explained that a majority of the vote in favor of the Chair allowed the line of questioning and an opposing vote ended the questioning. Reconsidered Resolutions Resolution 07-199 Amend Master Development Agreement Term Sheet for Disposition of Marion Road / Pearl Avenue Redevelopment Phase II Area to Akcess Acquisition Group LLC MOTION: LOST: RECONSIDER (McHugh; second, Esslinger) Ayes (3) Palmeri, McHugh, Esslinger; Noes (4) King, Bain, Tower, Mayor Tower Mr. Kraft explained that Council Rules allowed for public comment on whether the Council should reconsider. 10 Proceedings of the Common Council- July 24, 2007 Ken Bender, 806 Oak Street, expressed his opinion. Council Member McHugh explained that he brought the resolution forward for reconsideration to discuss the term agreement. He expressed concerns with the possibility of similar language that was contained in the term agreement of the failed project at 100 N. Main Street. Council Member Palmeri urged the Council to reconsider the resolution so more questions could be asked. Council Member Esslinger explained his support to reconsider the resolution. He explained that because of past events it was important to be cautious and to ask additional questions. He explained that it was important to make the appropriate decision for the taxpayers. Council Member Tower explained his opposition to the resolution. He explained that it was inappropriate to come back to the issue and it was important to maintain a working relationship with the partners. Council Member Bain explained his opposition to the resolution. He explained that the conditions of 100 N. Main Street were not the same as the conditions for the proposed development. He explained that he had supported a previous attempt to reconsider when it involved the same person on both properties, but he explained that this issue involved different developers and different projects and it did not present an opportunity to reconsider. Council Member King explained that the City was already bound by the document and it was time to move on. Mayor Tower explained that he did not support the reconsideration. Citizen Statements Sue Becker, 847 Oak Street, suggested moving citizen statements to the beginning of the meeting. She expressed concerns about the length of the meeting. She expressed various concerns related to Sawdust Days. Ken Bender, 806 Oak Street, expressed concerns related to City planning. Bill Wyman, 1373 Waugoo Street, stated he was the Chairman of the Board for the Oshkosh Area Community Foundation and was also a member of the Oshkosh Downtown Partnership Committee. He explained that he had intended to attend the Convention City Workshop but due to the late hour he would address the topic through citizen statements. He explained that the Chamber of Commerce, the Oshkosh Community Foundation and the City partnered together and hired LDR to create a long range plan for the revitalization of the downtown area. He explained that there were open sessions for the community to participate in the planning and the plan was adopted. He gave a brief history of the improvements and the success that had occurred in the downtown area. He explained that the convention center was included in 11 Proceedings of the Common Council- July 24, 2007 the plan and it was important to continue with the plan. He urged the Council to move forward. Lois Luebke, Main Street, questioned who was responsible for flags and she commented on the long meetings. Mayor Tower explained that individual organizations were responsible for the purchase of flags for their locations. Council Member Statements Council Member Palmeri commented on complaints he had received related to fire pits. He read the correspondence from Fire Chief Tim Franz regarding the regulations of fire pits. He suggested a future workshop to address the topic. Council Member Bain announced the upcoming Fifth Tuesday Forum scheduled for July 31 sl at 6:00 p.m. in the Community Room at the Police Department. He explained that he attended a safety city graduation and he thanked Sergeant Sag meister, Lieutenant Holland and the volunteers for their efforts related to the program. He announced his intention to bring forward parliamentary rule changes at the next meeting. Council Member Esslinger questioned the status of information available that could be released to the public regarding 100 N. Main Street. He questioned if the scheduled workshops should be held due to the late hour. Council Member King explained that if workshops were to be postponed her preference was to postpone the water utility workshop. She explained the convention center was an urgent Issue. Council Member Tower explained it was important to move on with the scheduled workshops. Mr. Wollangk explained that Staff was working with financial consultants and that hopefully information related to 100 N. Main Street would be available next week. He explained that consultants and staff were available for the water utility workshop. Mayor Tower explained he had also received a complaint related to fire pits. He asked for workshop requests. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk announced that Friday would be Police Chief Erickson's last day and the new Police Chief Captain Scott Greuel would be sworn in. He explained that the tarping ordinance for the drop off site was being enforced. 12 Proceedings of the Common Council- July 24, 2007 MOTION: CONVENE INTO CLOSED EXECUTIVE SESSION PURSUANT TO SECTION 19.85(1 )(c) AND SECTION 19.85(1 )(g) OF THE WISCONSIN STATE STATUTES TO CONSIDER THE EMPLOYMENT COMPENSATION OR PERFORMANCE EVALUATION DATA OF CITY MANAGER AND OTHER STAFF MEMBERS OVER WHICH THE COMMON COUNCIL HAS JURISDICTION OR EXERCISES RESPONSIBILITY AND TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE WITH RESPECT TO LITIGATION IN WHICH IT MAY BECOME INVOLVED (Tower; second, Esslinger) CARRIED: Ayes (7) King, Palmeri, McHugh, Bain, Esslinger; Tower, Mayor Tower MOTION: ADJOURN (Bain second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 11: 15 p. m. PAMELA R. UBRIG CITY CLERK 13