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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday September 25, 2007 at 6:00 p.m. In the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain 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 Esslinger read the invocation. The Pledge of Allegiance was led by Tony Halmauer and Brennen Schultz from Lourdes High School; and, Eric Schwartz from S1. John Neumann Middle School. Public Hearings The Mayor ordered the following Public Hearings: Ordinance 07-263 Approve Zone Change - North Koeller Street, South of 1825 Taft Avenue & North of 450-480 North Koeller Street There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-264 Approve Zone Change - 350 North Koeller Street, 310-316 North Koeller Street & Portion of 1807 Southland Street There were no appearances and the Public Hearing was CLOSED. FIRST READING; LAID OVER UNDER THE RULES Consent Agenda The minutes of the September 11,2007 meeting were approved as presented. The Report of the City Manager was read. The bills were presented in the amount of $3,718,049.95. 1 Proceedings of the Common Council- September 25, 2007 The Report of the City Clerk was read. Resolution 07-265 Grant Conditional Use Permit; Approve Planned Development I The Waterfront Project Tim Rikkers, representative of Akcess Acquisition Group, and Jay Supple, 4716 Bay View Lane, thanked the Council for consideration of their request and noted that they were available to answer questions. Council Member Palmeri questioned the proposed occupancy for the development. He questioned the consequences of denying the resolution given that the term sheet was already approved. He questioned changes introduced since acceptance of the term sheet. He questioned if market research had been conducted. He questioned the guaranteed tax payment. He posed several scenarios of hypothetical questions related to property evaluation and environmental remediation. He questioned how the riverwalk related to the project. He stated his appreciation to Mr. Rikkers and Mr. Supple for their interest in the project. He expressed concerns with the item being listed on the consent agenda and he explained that the real vote on the issue had been in July when the term sheet was approved. He expressed a concern with tenants for the new office space coming from within the City, which would create an issue for existing buildings. He questioned financial and quality of life risks. He explained his opposition to the resolution. Council Member McHugh questioned the status of the park. He questioned the financial risks and protection provided for the taxpayer. He questioned if it was appropriate to require the developer to deposit monies in an escrow account to offset possible risks. Council Member Tower questioned the total concept. He stated his support for the project and explained that the City had learned lessons from past endeavors. He explained that risks were always a reality. He explained that the parking standards were met and exceeded in terms of the total number of spaces available. Council Member King questioned parking issues. She stated her support for the project and expressed reservations related to parking density. She questioned if minimum parking requirements were adequate. Council Member Esslinger expressed concerns with TIF payments. He questioned issues related to a possible reduction in the value of the property. He questioned if the development agreement provided for a minimum real estate tax payment. He questioned the restaurant theme. He explained that he supported the resolution with reservations because he had little confidence in monetary guarantees. He expressed concerns with the risk of a lawsuit. Council Member Bain questioned the office building LEED certification. He stated his support for the resolution. He explained that Mr. Rikkers and Mr. Supple had been upfront and forthcoming when the term sheet was approved. 2 Mayor Tower stated his support for the resolution and expressed his appreciation for the additional information that was provided. Proceedings of the Common Council - September 25, 2007 Mr. Rikkers stated that there was a signed letter of intent for a portion of the ground floor and he explained that they were involved in negotiations for an additional fifty percent of the building. He explained the original outline of the development. He explained that the park location was shifted slightly to the west. He explained that the retail component and the entire area would be harmonious. He explained that for office buildings the industry standard was four parking spaces per thousand. He explained that the development team hoped to achieve LEED certification for the Class "A" office building and they intended to build it as environmentally friendly as possible. He explained the various levels of LEED certification. Stan Ramaker, representative from Design II Architecture, explained that they try to build as green friendly as possible, but there were no specifics for LEED certification for the hotel/restaurant. Mr. Supple explained that the hotel brand and the water location would be beneficial to attracting business and he explained that the development would promote income growth throughout the city. He explained that a full feasibility study had been conducted. He explained the architectural continuity of the proposed buildings and surrounding area. He explained that they were considering a European style cafe, which was appropriate for the urban setting. Mr. Kinney, Director of Community Development, explained that it was beneficial to have Akcess Acquisition Group, a master developer, to achieve a cohesive design. He explained that the Waterfront Project did not have the same financial risks as the 100 Block because the City was not providing a developer's assistance grant. He explained that a combination of all the future development of the Phase II area was intended to cover the City's debt service on the public improvements. He explained that there was a guaranteed tax payment in the developer's agreement and he explained the different circumstances between the 100 Block and the Waterfront Project. He explained that the Assessor was responsible for establishing property assessments. He explained that the City had worked successfully with the Department of Natural Resources (DNR) on related issues. He explained that the river walk and the land side development enhanced each project. Mr. Kraft explained that denial of the resolution could be interpreted as a breach of contract. Resolution 07-266 Award Bid / Wastewater Treatment Plant Security Improvements / Public Works Contract No. 07-02 A ($109,895.00) & B ($116,950.00) Resolution 07-267 Amend Final Resolution - Cold Mix Asphalt Overlay /Idaho Street Resolution 07-268 Disallow Claim / Freund 3 Resolution 07-269 Disallow Claim / Church Resolution 07-270 Disallow Claim / Coffin Ken Bender, 806 Oak Street, expressed concerns related to safety issues resulting from tree branches obstructing signs. Proceedings of the Common Council - September 25, 2007 Council Member Bain questioned the city's responsibility. Mr. Wollangk explained that branches were trimmed when the city was made aware of an Issue. Mr. Kraft explained the procedure related to private property. Resolution 07-271 Disallow Claim / Progressive Insurance Resolution 07-272 Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 07-265 (Esslinger; second, Palmeri) CARRIED: Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Resolution 07-265 Grant Conditional Use Permit; Approve Planned Development / The Waterfront Project MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (6) Esslinger, Tower, King, McHugh, Bain, Mayor Tower; Noes (1) Palmeri Action Taken on Ordinances and Resolutions Ordinance 07-273 Amend Chapter 30 Zoning Ordinance / Off-Street Parking & Loading Facilities MOTION: ADOPT (Esslinger; second, Bain) MOTION: REFER BACK TO THE PLANNING COMMISSION (King; second, McHugh) CARRIED: Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Carl Sosnoski, 2475 Knapp Street Road, expressed concerns with the current ordinance and the proposed amendment. He urged Council to further review the ordinance to allow provisions for existing properties. He stated he was not aware that the amendments were previously discussed at the Plan Commission meeting of August 7,2007. Council Member McHugh explained that if existing businesses wanted to upgrade their parking 4 lots they could be required to expend additional monies for the installation of storm sewers. He stated support for existing businesses to be covered under a grandfather clause. He stated his support for further review of the item. Council Member King stated her support for further review of the ordinance. She explained that it was necessary to receive input from other business owners who could be impacted by the ordinance. Proceedings of the Common Council - September 25, 2007 Council Member Esslinger questioned the reason for further review. He explained that the Plan Commission had notified other entities of the amendments and he stated his opposition to the ordinance. Council Member Tower explained that the Plan Commission had unanimously approved the item and he questioned the benefit of further review. Council Member Palmeri questioned if Mr. Sosnoski received notice of the August 7,2007 Plan Commission meeting at which the ordinance was discussed. He explained that the item should have further review by the Plan Commission. Mayor Tower questioned the procedure to refer the item back to the Plan Commission. Mr. Burich, Director of Planning Services, explained the process. He explained that the proposed amendments had been in process for several years and he explained that related workshops had been noticed. Mr. Kraft explained the process for the item to be referred back to the Plan Commission. Mr. Wollangk suggested that the Chamber of Commerce could possibly forward information to their membership to garner additional input for a future Plan Commission meeting. Ordinance 07-274 Amend Public Nuisance Ordinance / Chapter 17 MOTION: ADOPT (Bain; second, Esslinger) MOTION: CARRIED: LAYOVER TO OCTOBER 9,2007 (Palmeri; second Esslinger) Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Ken Bender, 806 Oak Street, expressed various concerns. Carl Sosnoski, 2475 Knapp Street Road, expressed various concerns. Mayor Tower explained that there was a request by staff to lay the item over to the next council meeting. Resolution 07-275 Approve Allocation / Project Plan Amendments: Amendment #4 - TIF #7 Southwest Industrial Park 5 Amendment #2 - TIF #9 Washburn Street MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (7) Esslinger, Tower, King, Palmeri, McHugh, Bain, Mayor Tower Council Member McHugh questioned the City's recourse options for failed due diligence. He questioned the personal guarantee related to the 100 Block. He explained his skepticism related to financial endeavors. Proceedings of the Common Council - September 25, 2007 Mr. Kraft explained that the Park Plaza Hotel was in private hands. He explained that the development took place over twenty years ago and the prognosticators gave their best judgement related to the economic conditions at that time. He explained that with the 100 Block the projections were not fulfilled. He explained that the city was currently in litigation related to the personal guarantee. Citizen Statements Ken Bender, 806 Oak Street, expressed various community concerns. Larry Spanbauer, 842 Eckardt Court, thanked Mr. Wollangk for his years of service. He suggested an option for an advisory referendum to include a full time mayor with seventeen alderpersons elected to represent each voting district. He also suggested listing the current form of government as the first option. Carl Sosnoski, 2475 Knapp Street Road, explained that he had made various inquiries related to the 100 Block issue. He explained that Mr. Kraft had responded with a memo stating that the required information would be difficult to obtain because the City had started to obtain properties for the 100 Block in 1985. He stated that Mr. Kraft indicated that if additional information was required a check in the amount of $12,215.00 would need to be submitted. He explained that City staff was actually responsible for the legal work related to the 100 Block. He urged Council to hold city staff more accountable for their actions and he urged Council to be cautious with financial risks. Steve Barney, 1260 Elmwood Avenue, expressed his opinions related to LEED certification. Council Member Statements Council Member Esslinger explained that Mr. Wollangk's last day would be October 13th and he questioned the October 9th timetable related to the acting city manager. He explained that he would forward to Mr. Wollangk a list of individuals he thought would be appropriate for the position. He announced that he and Council Member McHugh would bring forward an advisory referendum for the October 9th agenda. He reviewed the options and asked for additional input. He shared a correspondence that was received in opposition to the referendum. He explained the intent of the referendum. 6 Council Member Palmeri questioned what the agenda of October 9th included in respect to the acting city manager. He stated support for listing the current form of government as the first option on the referendum. He explained his opposition to the suggestion to include seventeen alderpersons. He questioned if a full time mayor could be a voting member of the Council and he questioned the Mayor's veto power. Council Member Tower questioned the end result of the advisory referendum and suggested a ranking of the options. Proceedings of the Common Council - September 25, 2007 Mr. Kraft explained that without further direction a resolution would be drafted with a blank space in place of a name. He explained that the open meeting law required Council to notice their intent to appoint an acting city manager. He explained mayoral veto power. Ms Ubrig explained that ranking options on the ballot would not work. Council Member King announced that the 2007 Earth Charter Community Summit would be held October 6th - 13th. She noted that additional information could be accessed at the UW Oshkosh website. She reminded the community that the 5K Diversity run would take place October 13th. She questioned if a specific time frame was established for the Near East Neighborhood inspection. Council Member Bain announced that the 1 th Annual Take Back The Night March was scheduled for September 26th. He announced that the UW Oshkosh homecoming game and parade were scheduled for October 6th and he explained the new parade route. Council Member McHugh suggested that Council should consider a study of the downtown one-way street system. Mayor Tower stated that he was comfortable with the date of October 9th regarding the acting city manager. He explained that the agenda would include a resolution and discussion would ensue. He explained that Mr. Wollangk could give direction for an appointee. He explained that Council Member McHugh pulled his item from council member statements. He explained that the Near East Neighborhood inspection would occur sometime after the budget process. He asked for workshop requests. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk explained that the preliminary budget would be completed by October 1ih. He questioned Council's intent for department workshops. He explained the budget time frame and possible options. He explained that the budget workshops allowed for adjustments to be made. Council Member McHugh questioned the reason for department workshops. Mayor Tower explained that the budget workshops provided information to the community. 7 Discussion ensued on Council's availability. The initial budget workshops were scheduled for October 29th & 30th starting at 4:30 p.m. both days and the final budget workshop and Capital Improvement Program (CIP) discussion were scheduled for November 15th at 4:30 p.m. MOTION: CARRIED: ADJOURN (Esslinger; second, McHugh) VOICE VOTE The meeting adjourned at 8:35 p.m. PAMELA R. UBRIG CITY CLERK 8