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HomeMy WebLinkAboutMinutes ~ OJHKOfH PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN ON THE WATER REGULAR MEETING held Tuesday October 23, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Deputy Mayor Tower presided. PRESENT: Council Members Jessica King, Tony Palmeri, Dennis McHugh, Bryan Bain, Paul Esslinger, Deputy Mayor Burk Tower EXCUSED: Mayor Frank Tower ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member King read the invocation. The Pledge of Allegiance was led by Jordyn Giese and Abigaile Giese from St. Elizabeth Ann Seton Elementary School; and, Jesse Boehm and Julia Dudenas from St. Frances Cabrini Elementary School. A proclamation was presented by Deputy Mayor Tower declaring the week of November 11-17, 2007 "Love America Week" in the City of Oshkosh. Deputy Mayor Tower recognized John Fitzpatrick, Acting City Manager and Lynn Lorenson, Assistant City Attorney. Consent Agenda The minutes of the October 9,2007 meeting were approved as presented. The Report of the City Manager was read. Deputy Mayor Tower questioned why a waiver to the municipal code was listed on the manager's report. Mr. Fitzpatrick explained that a miscommunication resulted in a fence that did not meet the municipal code requirements. Ms Lorenson explained that it was appropriate for the item to be on the City Manager's report. The bills were presented in the amount of $4,019,473.09. The Report of the City Clerk was read. 1 Proceedings of the Common Council- October 23, 2007 Resolution 07-299 Vacate Easement I 854 Keenville Lane Resolution 07-300 Accept Utility Easements I 960 Park Ridge Avenue & 1000 Park Ridge Avenue Resolution 07-301 Grant Conditional Use Permit; Approve Planned Development I 500 Block Jefferson Street Jeff Verner, 584A N. Main Street, explained that he was representing his family in regards to the property located at N. Main Street and Jefferson Street. He expressed various concerns related to the parking lot rehab and he explained that the parking lot was not compliant or zoned for its present use. He explained that the property had been assessed annually for the parking lot and he explained inconsistencies in development plan approvals in the area. Council Member Palmeri questioned the history of the parking lot. He questioned the policy and procedure for notifying citizens of zoning requirements. Council Member McHugh questioned if a transformer had to be moved. He questioned the current parking configuration. He asked for clarification on the vote. He questioned pre- existing conditions. He stated that he did not support the resolution and he explained that neighboring properties had been grandfathered in. Mr. Burich, Director of Planning, explained that in the late 1980's a building was razed on the site and a parking lot was established without legally established re-use. He explained that economic hardship was not a consideration and he explained that current standards had to be met to re-establish a use for the property. He explained that the vote was to approve the planned development. Resolution 07-302 Approve Renewal of Agreement I Town of Algoma Sanitary District Council Member Palmeri expressed concerns with the fact that Council was being asked to approve an agreement that they were not familiar with. Mr. Patek stated that Ms Lorenson had reviewed the document. Ms Lorenson explained that Council was welcome to review the document. Resolution 07-303 Award Bid I Public Works Contract No. 07 -02C Water System Facility Security Improvements (Energenecs, Inc., $70,000.00) Resolution 07-304 Approve Change Order No.3, Public Works Contract No. 06-05 (LaLonde Contractors, Inc., Increase, $15,627.88) Resolution 07-305 Approve Miscellaneous Licenses 2 MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 07-301 AND 07 -302 (Esslinger; second, Palmeri) CARRIED: Ayes (6) King, Palmeri, McHugh, Bain, Esslinger, Deputy Mayor Tower Proceedings of the Common Council- October 23, 2007 Resolution 07-301 Grant Conditional Use Permit; Approve Planned Development I 500 Block Jefferson Street MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (4) King, Bain, Esslinger, Deputy Mayor Tower; Noes (2) Palmeri, McHugh Resolution 07-302 Approve Renewal of Agreement I Town of Algoma Sanitary District MOTION: MOTION: CARRIED: ADOPT (Bain; second, Esslinger) LAYOVER UNTIL NOVEMBER 13, 2007 (Palmeri; second, Esslinger) Ayes (5) King, Palmeri, Bain, Esslinger, Deputy Mayor Tower; Noes (1) McHugh Action Taken on Ordinances and Resolutions Ordinance 07-306 Amend Chapter 30 Zoning Ordinance I Home Occupation MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (4) King, Bain, Esslinger, Deputy Mayor Tower; Noes (2) Palmeri, McHugh Council Member Bain questioned permitted uses. He questioned the relationship of a Conditional Use Permit (CUP). He questioned the drafting of the ordinance. He explained his support for the ordinance and asked for a future review of the process. Council Member McHugh questioned the definition of home occupation and various aspects of the ordinance. He questioned the permit and penalty process. He explained his opposition to the ordinance and stated that he would support a more defined ordinance. Council Member Palmeri questioned the number of home occupations within the City. He asked for clarification on mixed-use neighborhoods. He questioned various aspects of the ordinance. He stated his opposition to the ordinance and explained that it was an economic development issue. Council Member King explained that the primary purpose of the ordinance was to organize zoning. Mr. Burich explained that pre-existing non-conforming use of property was allowed. He explained the intent was to maintain the integrity of the neighborhood. He explained that large mechanical equipment was not considered incidental to residential use. He explained that displays of contracting stock and semi-trailer truck traffic were not appropriate on a continuous basis in residential areas. He explained that the required annual permit had not yet been 3 developed. He explained that there was no data on the current number of home occupations. He explained that the ordinance was modeled after other researched ordinances throughout the State. Proceedings of the Common Council- October 23, 2007 Ms Lorenson explained that the standard violation fee was $75 plus court costs. Council Member Esslinger explained his support for the ordinance. Deputy Mayor Tower stated his support for the ordinance. He explained that control and balance was necessary for home based businesses. He stated support for future review. Ordinance 07-307 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-308 Approve Parking Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 07-309 Approve Voluntary Delayed Attachment I Maximum Output FIRST READING; LAID OVER UNDER THE RULES Resolution 07-310 Award Bid I Sewer Jetting Vac Machine for Wastewater Utility (Envirotech Equipment, $248,827.00) MOTION: CARRIED: WITHDRAW (McHugh; second, King) Ayes (6) King, Palmeri, McHugh, Bain, Esslinger, Deputy Mayor Tower Mr. Fitzpatrick explained a recommendation to allow for further study related to the resolution. Resolution 07-311 Rescind Resolution 05-172 Accept Donation I Millers Bay Fishing Deck I Otter Street Fishing Club MOTION: LOST: ADOPT (King; second, Palmeri) Ayes (2) King, Palmeri; Noes (4) McHugh, Bain, Esslinger, Deputy Mayor Tower Deputy Mayor Tower asked for citizens to minimize the repetition in their comments to allow for the various points of view. He asked for clarification related to the vote. Ms Lorenson explained that the motion to rescind required a majority vote. The following residents were opposed to the proposed resolution: Ken Bender, 806 Oak Street Ron Ames, 1118 W. New York Avenue 4 Scott Engel, 69 Lake Street Trevor Daniels, 1321 Waugoo Avenue Marty Wesenberg, 82 Lake Street Norm Boese Jr., 540 Evans Street Terry Wohler, 1357 Ceape Avenue Proceedings of the Common Council- October 23, 2007 Joel Taylor, 1214 Ceape Avenue Sharon Engel, 78 Lake Street Ron Mechler, 3730 Glenview Lane The following residents supported the proposed resolution: Mary Hiles, 2346 Hickory Lane Donna Lohry, 511 W. Bent Avenue Tina Haffeman, 907 Washington Avenue Joe Malecki, 1308 Menominee Drive Jan Beck, 1332 Menominee Drive Cheryl Jacklin, 408 Monroe Street Chuck Williams, 1416 Menominee Drive Peter Worland, 1430 Menominee Drive David Towne, 100 Court Street, explained his health issues. The Council took a break at 8:10 p.m. and resumed at 8:20 p.m. Council Member King thanked all in attendance and explained that it was an important process to allow all interested parties to voice their opinions. She expressed concerns related to the process and explained her interpretation of WI State Statute 62.23(5). She explained that a process should be established for the acceptance of gifts. She explained the implication of the rescission. She thanked all for their participation in the discussions. Council Member Palmeri asked Mr. Stephany to clarify various claims that were made in citizen comments. He explained that the meeting agenda from June 13, 2005 did not note the specific location for the proposed pier. He questioned the city's liability in the event that a snowmobile hit the pier. He stated his support for the resolution and explained that the timing of the initial resolution was inappropriate. He explained that there were alternative locations for the pier. Council Member Bain asked for clarification regarding WI State Statute Chapter 62 and the interpretation that the Plan Commission was required to review the item because it was a park alteration and he questioned the role of the Park Board. He questioned the requirement for off street parking. He expressed concerns with the process and the timing and acknowledged responsibility due to the fact that he had served on the Council and the Parks Board at that time. He explained that since that time measures had been taken to ensure a better process. He stated his support for a pier in Miller's Bay and he explained that the pier would enhance the area, the use of the park and fishing opportunities. He explained that going forward there should be discussions to identify green space for all parks. He explained that guidelines needed to be established for gifts and donations. 5 Council Member McHugh stated his opposition to the resolution and explained that the City needed closure. Proceedings of the Common Council- October 23, 2007 Council Member Esslinger explained that the initial process was inappropriate and he stated that measures had been taken to address that issue. He stated his opposition to the resolution and explained that the proper steps had been taken and permission had been granted for the pier by various entities. Deputy Mayor Tower explained his opposition to the resolution. He stated that he had served on the Council at the time of the initial resolution and he acknowledged that the initial process was inappropriate. He stated that there had been several meetings related to the issue and he explained that measures had been taken to address that issue. Tom Stephany, Director of the Parks Department, explained that the area north of Siewert Trail or the road that leads into Webster Stanley was identified as a passive recreational area and he explained that the fishing pier was a form of passive recreation and was a good fit for the area. He explained that the plan was not initiated by the Parks Department and he explained that in the past there had been a temporary portable pier in the proposed area. He explained the history of the June 13, 2005 meeting. He explained that there was no need for restrooms, parking, lights, etc. and he explained that the pier would be handicap accessible. He explained that there was little snowmobiling in the area and there was a requirement for a reflective or flashing light on the pier for the first winter. He explained that the City was responsible for the cleaning of the pier. Ms Lorenson explained that the City was covered by recreation immunity in the event of snowmobile issues and she explained that the permit required that the pier be lit the first winter. She explained the provisions of WI State Statute 62 and stated her interpretation that the structure was not an alteration or change of use. She explained that additional parking was not required. Mr. Burich explained that the off-street parking ordinance did not have an established standard for public parks. Citizen Statements Mark Harris, 2425 Sandstone Court, invited the public and the Council to a public forum on November 6, 2007 at 7:00 p.m. at Park Plaza to discuss schools, municipal services and property taxes. He expressed various budget concerns. Patricia Diener, 30 Eveline Street, expressed concerns related to her neighborhood. Dan Rylance, 602 E. Parkway Avenue, thanked the City for the excellent street project 6 completed in the area of the old Mercy Hospital. He announced that a public meeting related to the renovation of the old Mercy Hospital would be held at Webster Stanley Middle School on October 30, 2007 at 7:00 p.m. He explained that there would also be discussion related to community policing. Joe Malecki, 1308 Menominee Drive, thanked the Council for discussion related to the pier. Proceedings of the Common Council- October 23, 2007 Council Member Statements Council Member Palmeri questioned the Northwestern's accusation of former City Attorney Kraft participating in a strategy to circumvent open government related to the 100 Block LLC. He reviewed a history of the issue and a memo from Mr. Kraft. He questioned if the records from the title company were available and he questioned the content of the records. He questioned the Council's role related to the tourism fund and the Oshkosh Convention and Visitors Bureau (OCVB). Council Member McHugh questioned if it was the responsibility of the title company to determine if the draws were appropriate. He explained that OCVB did not have the authority to spend the monies without Council approval. Ms Lorenson responded that the documents were available for review in the Department of Community Development. She explained that the records addressed both public and private funding. She explained that the escrow account had established criteria related to availability of the TIF funding. She explained that she did not believe that there was any impropriety related to the situation. Mr. Burich explained that the files contained a summary of the draws related to expenditures for the project. He explained that he did not note any improprieties with the money and he stated that the City had reviewed the records throughout the years. Deputy Mayor Tower explained that when the Council approved the tourism fund it was indicated that a ten member committee would be appointed. He explained the committee composition and stated that he was the Council representative. Mr. Fitzpatrick stated that the council's role related to allocation of tourism monies would be reviewed. Council Member Bain announced that the next Fifth Tuesday Forum was scheduled for October 31 sl at 7:00 p.m. at the Oshkosh Public Library Room B. He requested that a workshop be held in 2008 related to a follow-up of the nuisance ordinance. He expressed a concern related to citizens not being allowed to speak to or comment on items listed on the agenda under council member statements. He explained that under the current rule the Council could prohibit citizens from speaking to an item that was noticed under council member statements and that was a disadvantage to the citizens. He explained that if the motion was 7 voted down his intent was to follow the current policy. He explained that as a follow up to council member rules he had previously suggested that there be two business days between the time that a board or commission voted on an item and the time that it was brought forward to the Council and he questioned if Council was interested in bringing the item forward. MOTION: AMEND COUNCIL RULE TO "MUST ADDRESS ITEMS THAT ARE NOT LISTED ON THE COUNCIL MEETING AGENDA EXCEPT FOR THOSE ITEMS LISTED UNDER COUNCIL MEMBER STATEMENTS (Bain; second, King) CARRIED: Ayes (4) King, Palmeri, Bain, Deputy Mayor Tower; Noes (2) McHugh, Esslinger Proceedings of the Common Council- October 23, 2007 Council Member Palmeri questioned the intent of the motion and questioned if the policy would add to the length of the meetings. Council Member McHugh suggested an alternative to the motion. Council Member Esslinger questioned the vote required to carry the motion. He stated his opposition to the motion and explained that the present procedure worked. Ms Lorenson explained that the proposed motion required a simple majority. Council Member King stated her support for the motion and explained that it was difficult to notice exactly what one was going to talk about in council member statements. Council Member Esslinger encouraged the community and businesses to contribute to the "Fields of Honor Veteran's Museum" fund. Deputy Mayor Tower asked for future workshops. Whatever Else is Pertinent or for the Good of the City Mr. Fitzpatrick thanked the citizens for the positive comments related to city activities and he thanked Mr. Rylance for taking the initiative to organize a public meeting. He explained that the scheduled budget meetings scheduled for October 29th and 30th would conflict with that particular meeting. He explained that the budget document was accessible on the City website and the meetings would be televised on OCAT 10 and available on WOTC 101.9. MOTION: CARRIED: ADJOURN (Esslinger; second, Bain) VOICE VOTE The meeting adjourned at 9:56 p.m. PAMELA R. UBRIG CITY CLERK 8