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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, December 11, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Bryan Bain, Paul Esslinger, Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh and 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 Bain read the invocation. The Pledge of Allegiance was led by Kaydin Alabbas, Kayley Lippold and Taylor Captain from Read Elementary School; and, Gabriela, Edgar and Jesus Heredia Victoria from Roosevelt Elementary School. Consent Agenda The minutes of the November 27, 2007 meeting were approved as presented. The Report of the Acting City Manager was read. Council Member Palmeri questioned bills related to the Oshkosh Northwestern and questioned if some of the advertising could be done through the city website or other sources. The bills were presented in the amount of $4,178,008.38. The Report of the City Clerk was read. Resolution 07-355 Approve Agreement /State of Wisconsin, Department of Health & Family Services, Division of Public Health -Consolidated Contract Resolution 07-356 Release Easement; Dedicate Street Right-of-Way /Northwest Corner, West 9t" Avenue & South Main Street Resolution 07-357 Grant Conditional Use Permits; Approve Planned Developments: A) 2005 Oregon Street B) 2231 Westowne Avenue C) 3596 Stearns Drive D) 3911 South Washburn Street 1 Proceedings of the Common Council -December 11, 2007 Council Member Bain stated he received positive comments from citizens regarding Kwik Trip. Resolution 07-358 Dedicate Right-of-Way /Zacher Drive Extended Resolution 07-359 Initial Resolution -Construction, Surveying & Inspection of Sidewalk & Concrete Paving & Design of Concrete Paving (CSM 6157 -Zacher Drive) Resolution 07-360 Accept & Approve Waiver of Special Assessment Notices & Hearing in Connection with Improvements (CSM 6157 -Zacher Drive) Resolution 07-361 Approve Developer Agreement (CSM 6157 -Zacher Drive) Resolution 07-362 Approve Final Resolution -Construction, Surveying & Inspection of Sidewalk & Concrete Paving & Design of Concrete Paving (CSM 6157 -Zacher Drive) Resolution 07-363 Approve Change Order No. 4 /Public Works Contract No. 06-08 (LaLonde Contractors, Inc. Increase, $64,821.40) Resolution 07-364 Award Bid /Chemical Requirements for Oshkosh Water Treatment, Wastewater Plant & Water Filtration Plant - 2008 (Miscellaneous, $704, 859.00) Resolution 07-365 Award Bid for Ambulances (3) for Oshkosh Fire Department (Medtec Ambulance Corp., $388,755.00) Council Member McHugh complimented city staff on the combination of packages that would have substantial savings for the taxpayers. Resolution 07-366 Authorize Grant Application -Fire Prevention & Safety Grant Program ($8,180.00) Resolution 07-367 Authorize Borrowing /State Trust Fund Council Member McHugh questioned funding from the state trust fund. Jackson Kinney, Director of Community Development, explained that the state land trust program offered a more favorable interest rate than utilizing a bonding scenario and he explained that the state land trust did not have bond issuance costs. Resolution 07-368 Appoint Democratic & Republican Election Inspectors Resolution 07-369 Disallow Claim / Lemieux 2 Resolution 07-370 Approve Miscellaneous Licenses Proceedings of the Common Council -December 11, 2007 MOTION: ADOPT CONSENT AGENDA (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 07-371 Approve Zone Change / 1209 North Main Street & 8 West New York Avenue MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Council Member McHugh questioned the improvements required on the site. Darryn Burich, Director of Planning Services, explained that the property would have to comply with the zoning ordinance. Ordinance 07-372 Approve Zone Change / 2021 & 2103 Oregon Street MOTION: ADOPT (McHugh; second, Esslinger) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Ordinance 07-373 Approve Traffic Regulations MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Ordinance 07-374 Establish Street Grades (CSM 6157 -Zacher Drive) FIRST READING; LAID OVER UNDER THE RULES MOTION: SUSPEND RULES FOR CONSIDERATION (Esslinger; second McHugh) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower MOTION: ADOPT (Esslinger; second Bain) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Ordinance 07-375 Authorize Public Construction (CSM 6157 -Zacher Drive) FIRST READING; LAID OVER UNDER THE RULES MOTION: SUSPEND RULES FOR CONSIDERATION (Esslinger; second Bain) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower 3 MOTION: ADOPT (Esslinger; second Bain) CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Proceedings of the Common Council -December 11, 2007 Resolution 07-376 Grant Conditional Use Permit / 621 Evans Street, 820 East Parkway Avenue MOTION: ADOPT (Bain; second, Esslinger) MOTION: AMEND CONDITION 3A -STRIKE THE WORD "APPROXIMATELY" AND CHANGE TIME - 9:00 A.M. TO 8:00 P.M. (Bain; second, Mayor Tower) LOST: Ayes (2) Bain, Mayor Tower; Noes (5) Esslinger, Tower, King, Palmeri, McHugh MOTION: AMEND CONDITION 3A CHANGE TIME - 8:00 A.M. TO 9:30 P.M. (King; second, McHugh) CARRIED: Ayes (4) Tower, King, Palmeri, McHugh; Noes (3) Bain, Esslinger, Tower MOTION: ADD CONDITION 5 -CREATE AN ADVISORY COMMITTEE TO WORK WITH NEIGHBORS PRIOR TO FACILITY OPENING (Bain; second, Tower) CARRIED: Ayes (6) Bain, Tower, King, Palmeri, McHugh, Mayor Tower; Noes (1) Esslinger VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (7) Bain, Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower Ken Ruehl, 3110 Bailey Court, President of Kornerstone Recovery Inc., explained the intentfor the Conditional Use Permit (CUP). He explained that the school building would be utilized for the twelve step recovery programs, the parsonage would be occupied by an on-site manager, and the church would be used for fund raising events four or five times a year and made available for weddings and other appropriate events. He explained the hours of operation. He explained that eighty-five homes had been canvassed in the area and the majority of the neighborhood was supportive. He explained that the site was ideal for all their needs and he explained that an out reach program with the neighborhood could be established. Jerry Doemel, 1706 Doty Street, explained that there was potential for any 12-step meetings to be held and he identified the scope of the meetings. He explained that their closing date of December 28'h could be extended. He explained the organization's smoking policy. He explained that their Board was governed by the internal elected membership. He explained that club activities were currently noticed by brochures and the future would include a calendar of events. He explained that there was ample parking available. He explained meeting schedules. He explained that the organization was agreeable to an advisory committee to be established prior to occupancy. 4 The following residents were opposed to the proposed resolution: Becky Fitzhenry, 651 Evans Street Resident, 682 Evans Street Darrin Anderson, 627 Evans Street Proceedings of the Common Council -December 11, 2007 Steve Moen, 641 Evans Street Jon VanKeuren, 569 Evans Street Chad Alsteen, 645 Grove Street Polly Briley, 1249 Merritt Avenue Sara Anderson, 627 Evans Street Scott Rasmussen, 654 Evans Street Roger Kotenberg, 632 Bowen Street Lawrence Hintz, 572 Evans Street David Abraham, 811 E. Irving Avenue The following residents supported the proposed resolution: Candace Bahr, 1836 Ashland Street Crystal Fuller, 911 W. 7'h Avenue Kaitlyn Baier, 243 W. 15'h Avenue Jim Webb, 618 N. Main Street Arnie Carlson, 1624 S. Mohawk Drive, Appleton James Steinbruner, 600A Oregon Street Corrine Holtz, 3355 Oregon Street Don Stevens, 185 Westhaven Drive Mel Heller, 627 Mary Lee Drive, Fond du Lac Andy Brem, 362 Rosalia Street Jerry Doemel, 1706 Doty Street Paul Hassenberg, N8831 Lakeshore Drive, Van Dyne Theresa Jensen, 1149 W. South Park Avenue Loruuama Tawawili, 1522 Jackson Street Randal Page, 618 Amherst Avenue Tory Cullinick, 1784 Sanctuary Court, Appleton Bob Cornell, 548 W. Smith Avenue, urged the Council not to procrastinate and to make a decision. The Council took a break at 7:55 p.m. and resumed at 8:05 p.m. Council Member Esslinger questioned the neighborhood canvass and he questioned if there were other areas in the city available for the project. He questioned the criteria to be considered prior to voting. He explained that he struggled with the issue and he did not think the time frame was sufficient. He explained his negative vote at the Plan Commission level. He explained that he thought the organization would allay the neighborhood fears and the organization would be successful. 5 Proceedings of the Common Council -December 11, 2007 Council Member Palmeri questioned if there was neighborhood opposition to the location of the Gratitude Club in Fond du Lac. He questioned the consequences of delaying action on the resolution. He questioned the smoking policy. He questioned if there would be a negative effect in the neighborhood. He questioned the process of neighborhood notification and the timing between the Plan Commission meeting and Council action. He questioned if there had been complaints related to Kornerstone Recovery Inc. at their current and past locations. He explained that it was important to know the intended hours of operation. He stated his support for the creation of an advisory committee. He compared the former pier issue timing with the timing for the current resolution. He explained that research he had conducted related to the Gratitude Club and the Genesis Club, located in Appleton, indicated that there had been no issues or complaints with either establishment. He explained that the CEO of the local Boys and Girls Club indicated support for the recovery club. He stated his support for the resolution. Council Member Bain explained that at the Plan Commission meeting there had been discussion on laying the item over for further discussion however, Kornerstone Recovery Inc. was not in favor of a delay due to the pending real estate transaction. He asked for clarification on the hours of operation and asked various questions related to the functions of the organization and the various meetings. He explained that the organization was the first one in Wisconsin and it was important to set guidelines because of the residential location. He questioned the possibility of the on-site manager being involved in an advisory committee with the neighborhood. He questioned the Board membership. He questioned possible amendments and conditions to the resolution. He questioned the repeal process for a CUP. He explained that there was need for a recovery club in Oshkosh and he explained that it was important to add structure through the CUP process. Council Member Tower questioned the types of various 12-step meetings. He questioned R-2 Zoning. He questioned alternative uses for the property. He questioned the potential forfuture crime. He asked for clarification on the operational hours. He clarified that the intent of the advisory committee was to be interactive with the neighborhood. He explained that the concerns related to parking, safety and traffic were no different than when the church or the school were operating. He stated his support for the resolution. Council Member King questioned scheduling of the various activities. She questioned the occupancy and the sales history of the three parcels. She clarified that the commercial kitchen was located in the fellowship hall so that area more than likely would be used more than four times a year. She explained that the hours of limitation were related to the school structure. She explained that the purpose of the CUP was to allow the organization to function and it was important for the operational hours to be established. She questioned the authority of an 6 advisory committee. She explained her support for the resolution. Mayor Tower questioned parking availability. He explained that time limitation for the fellowship hall was not specified. He explained that any conditions approved with time limits meant that the meetings would have to conclude by the designated end time. He stated his support for the resolution. He explained that the lengthy time spent on the item was required for the Council to receive the various opinions to make an informative decision. He expressed concerns with the organization's communication. He explained that positive interaction with the neighborhood and the community was extremely important. Proceedings of the Common Council -December 11, 2007 Council Member McHugh commented on the intent of the CUP standards in the Municipal Code. He stated his support for the program and he explained that he was opposed to time limitations. Mel Heller, retired Chief of Police from Fond du Lac, explained that there was no neighborhood opposition related to the Gratitude Club. He explained that there had been public hearings to assess public input. Kathy Lennon, 1211 Elmwood Avenue, explained that the current owners of the property bought the property about thirteen years ago and it had been for sale approximately three to five years. Polly Briley, 1249 Merritt Avenue, explained that the church was currently occupied. She explained that a religious institution had extended a purchase offer in March and since that time the financing fell through. She explained that her vested interest was that she and her husband had tried to purchase the church and the rectory. Sara Anderson, 627 Evans Street, explained that she lived adjacent to the property and she explained that shortly after 1999 Calvary Chapel purchased the property and utilized the site as a church for at least two to three years. She explained that after Calvary left the church they rented out the property and it was used as a daycare center. She explained that after the daycare center vacated it was empty for approximately one year and since that time the current Church had occupied the site. John Hay, 1625 James Road, explained that an 8:00 p.m. time limitation would not work for the organization. Jim Spence, 1209 Robin Street, New London, explained the time schedules of various meetings at the Genesis. Candace Bahr, 1836 Ashland Street, explained that the organization needed assistance related to the advisory committee. Darryn Burich, Director of Planning Services, explained that the use of the church was based on the applicant's submission. He explained Staff's interpretation of the proposed conditions. He explained that Staff was supportive of the CUP request because the facility could 7 accommodate meetings and it was consistent with the required standard. He explained the notification process. He explained that the policy required a notification sign on the site approximately a week prior to the Plan Commission meeting and meeting notices were sent to adjacent and abutting property owners. He explained that the City policy moved the CUP process from the Plan Commission meeting to the next Common Council meeting. He explained zoning districts within the city and he explained alternative uses for the property. He explained that a CUP could be revoked through a public hearing process. Ms Lorenson explained the criteria for deciding on a vote. She cautioned that conditions had to relate to the standards of the Municipal Code. Proceedings of the Common Council -December 11, 2007 Police Chief Greuel explained that a database query reflected that there had been three minor incidents in 2004, but there were no documents reported directly or indirectly to the police. He explained that there were no relationships of activities associated with the group as being a cause for any problem. He explained that the neighborhood was in transition and teams had been assigned to develop partnerships with the neighborhood. He explained that there was no solid correlation to suggest that the group would bring crime to the area. Mr. Fitzpatrick stated that the police department would help facilitate the creation of the advisory committee. Citizen Statements Patricia Diener, 30 Evelyn Street, questioned various street parking policies and vehicular ordinances. Ms Lorenson explained that the parking ordinance prohibited parking from 2 a.m. to 5:00 a.m. She explained that towing occurred in the event of snow emergencies. Bob Cornell, 548 W. Smith Avenue, explained that the recruitment for a city manager should be the top priority and he explained that it was imperative to use a professional search service. He explained that there should be a deadline of April 1, 2008. He explained that a contractforthe Leach Amphitheater should be secured before the expiration of the current contract. Council Member King departed at 10:20 p.m. Steve Barney, 1260 Elmwood Avenue, explained that the UWO food service system had adopted a policy to use "cage free" eggs. He provided information related to a resolution that the city could adopt in support of the same direction. Council Member Statements Council Member Bain explained that it was known that petitions related to the form of government would not be circulated and it was now appropriate to move forward with the search for a city manager. He explained that the search warranted the use of an executive firm 8 to conduct the search and he explained that the Council should also be involved in the process. He stated support for community meetings related to leadership and vision. He explained a desire to have a city manager in place within the next five months. He explained that the Council should be responsible for selection of the firm. He asked various questions related to the Akcess term sheet and a guaranteed tax payment for the waterfront project. Proceedings of the Common Council -December 11, 2007 Mr. Fitzpatrick explained that he had taken the initiative to secure a sample request for proposals (RFP). He explained that the city of Eau Claire had recently gone through the process and Sue Brinkman, Personnel Generalist, had reviewed their RFP. He recommended that a RFP be developed and a committee be established to review it. He suggested that the committee be comprised of Ms Brinkman, Don LaFontaine, Purchasing Agent and Council Member King. He explained that the RFP could be constructed of a variety of required items and optional items. He explained that the submittals could be required to be returned by January 18, 2008 with the goal of moving forward with the process before the end of January. He explained that the committee could select the appropriate firm. He explained that the City had a commitment with Akcess and it was their understanding that progress was being made. Council Member Palmeri explained that the Council should be responsible for selection of the search firm. He expressed concerns with the need for an executive search firm and explained that the Council, working with the Personnel Department, was capable of conducting the search and could save the City a large monetary expenditure. He questioned if there was a backup plan for the Waterfront area and he questioned the current status. He expressed concerns with the status of the project. He explained that he had received positive comments from citizens related to the performance of the Acting City Manager. Council Member Esslinger stated he would like more debate on the merits to utilize a search firm. He explained that the Council should be responsible for selection of the search firm. He expressed concerns related to tenant occupancy for the office building proposed by Akcess. He questioned the term sheet and the Developer's Agreement. He recognized the Fischer family in regards to the Christmas Angel that was now in place. He offered condolences to the Robert Pung family for their recent loss. He thanked everyone for the condolences and kind words received in the recent loss of his mother, Carol Esslinger. Council Member Tower explained that an outside firm should be utilized and the process should start immediately. He supported the committee proceeding with the RFP. He explained that the Council should determine the selection of the search firm. He offered condolences to the Robert Pung family. 9 Council Member McHugh explained support for the development of the committee and a professional firm. He explained that the Council should be responsible for the selection of the firm. He explained that he was previously led to believe by Akcess that tenants were close to being secured. Mayor Tower explained that he supported the process for the RFP and explained that the Council should be the entity to choose the firm. He questioned if a resolution was required to proceed with the RFP process. He directed Staff to provide a copy of the RFP to Council. He explained future workshops included discussion related to Main Street with the Department of Transportation on January 8, 2008 and PMI and others to discuss the Leach Amphitheater on January 22, 2008. He asked if there were questions related to the documents Council had received regarding compensation for the Acting City Manager. Proceedings of the Common Council -December 11, 2007 Ms Lorenson explained that a formal resolution was not typically required for Council to give direction to Staff. She explained a resolution related to the firms would come forward at a later date. She explained that the City Manual did not address policies related to the specific issue of additional compensation for the Acting City Manager but there was reference to the appropriateness of pay adjustments for other employees. She explained that external comparables were also included in the documents. Jackson Kinney, Director of Community Development, explained that it was not necessary to have a backup plan for the waterfront development because a development agreement was secured and Akcess was working diligently to pull the project together. He explained that the group was currently engaged in negotiations related to the project and he stated there was no need for concern at this point in time. He explained that the agreement with Akcess specified that at the end of 2010 if the evaluations were not in the ground by the beginning of 2011 Akcess would then be involved with helping to pay the cost of debt service and any public improvements that the City incurred for preparing the area for development. He explained the format of the term sheet. He explained that the Developer's Agreement had a default section. He explained that the guaranteed tax payment would be initiated in 2011. He explained that Akcess and the Supple Restaurant Group would be in attendance at the Redevelopment Authority meeting in January to discuss updates. Whatever Else is Pertinent or for the Good of the City Mr. Fitzpatrick explained that the Police Department was addressing substance abuse issues with a variety of different strategies and he stated that a grant of $18,000.00 was awarded to the Department for traffic related alcohol enforcement, overtime and equipment. MOTION: CONVENE INTO CLOSED SESSION TO CONSIDER THE EMPLOYMENT, COMPENSATION, AND / OR PERFORMANCE EVALUATION DATA OF THE ACTING CITY MANAGER OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND 10 EXERCISES RESPONSIBLITY (Tower; second, Bain) CARRIED: Ayes (6) Bain, Esslinger, Tower, Palmeri, McHugh, Mayor Tower MOTION: ADJOURN (Esslinger; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 11:27 p.m. PAMELA R. UBRIG CITY CLERK 11