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P C C
ROCEEDINGS OF THE OMMON OUNCIL
C O,W
ITY OF SHKOSH ISCONSIN
REGULAR MEETING held Tuesday, January 22, 2008 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 and Frank Tower
EXCUSED: Council Member Bryan Bain
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 Esslinger read the invocation.
The Pledge of Allegiance was led by Lindsey Scheel and John Dewitt from Oshkosh West High
School; and, Holly Pachniak and Mike Keck from ALPS Charter School.
Consent Agenda
The minutes of the January 8, 2008 meeting were approved as presented.
The Report of the Acting City Manager was read.
The bills were presented in the amount of $21,747,410.16.
The Report of the City Clerk was read.
Resolution 08-17 Accept Easements:
A) Universal Street, East of 2900 Universal Street
B) 941 North Lark Street
Resolution 08-18 Grant Conditional Use Permit; Amend Planned Developments:
A) 310 - 314 North Koeller Street
B) Marion Road, “The Waterfront Project”
Council Member Palmeri asked various questions related to occupancy of the office building
and the probability for success of another downtown hotel. He questioned the feasibility of
retail space and night life opportunities. He questioned the construction start date.
Council Member Esslinger expressed concerns with decreased value of the property and
building due to possible occupancy issues.
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Tim Rikkers, Akcess Acquisition Group, explained that they were involved in negotiations with
a regional law firm. He explained their vision for the development. He explained the possibility
of lease rates and/or lease concessions and he explained that rent was tied to the construction
costs. He explained that a feasibility study supported the hotel concept. He explained that
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March 1 was a realistic target date for construction.
Resolution 08-19 Approve Preliminary Plat / Bristol Square Subdivision
Ken Bender, 806 Oak Street expressed various concerns.
Tom White, 530 Norton Avenue, expressed traffic concerns and suggested an area for park
dedication.
Bonnie Krause Gams, 460 Courtland Avenue, expressed concerns related to traffic and pond
blasting.
Jim Erdman, 2492 Hickory Lane, Town of Oshkosh Supervisor, expressed concerns related to
street access. He explained that a meeting with the developers was scheduled for February 6,
2008 and he asked for the item to be postponed.
Matt Gams, 460 Courtland Avenue, expressed concerns with the lake excavation.
Don Payne, 475 Norton Avenue, explained a history of the area and questioned the amount of
fill needed for the development.
Mike Marquette, representative of the developer, explained the layout and the anticipated
traffic pattern of the development.
Jerry Frey, 4804 Island View Drive, Town of Oshkosh Chairman, explained the initial history of
the development. He expres sed concerns related to street access. He explained prior
conversations related to access alternatives with Dave Nielsen, Department of Transportation.
Mayor Tower questioned if there had been meetings with the Department of Transportation
regarding street access. He questioned the Preliminary and Final Plat process. He asked
various questions related to blasting for the development of the lake. He questioned
alternative street access and a dedicated park area.
Council Member Esslinger asked various questions related to street access.
Council Member McHugh explained that the issue had many complex issues and it was
premature to approve the resolution.
Council Member Tower questioned the street access. He questioned the Final Plat process.
He also questioned the impact of delaying the item.
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Council Member King questioned if the City had a boundary agreement with the Town of
Oshkosh. She explained that it was important to build relationships with adjacent Towns. She
stated support for the item to be laid over.
Proceedings of the Common Council - January 22, 2008
Council Member Palmeri explained his support to layover the item.
Mr. Burich, Director of Planning Services, explained the process. He explained that a
Preliminary Plat had to be acted on within ninety days of submittal. He explained from the
City’s perspective there was no negative impact for delaying the item. He explained that the
resolution had a number of attached conditions. He explained that a plan had not yet been
submitted for the physical development of Bristol Lake and the item was addressed in condition
#8. He explained various alternatives related to street access. He explained that park
dedication would be reviewed with the Advisory Park Board. He stated that the City did not
have a boundary agreement with the Town of Oshkosh.
Resolution 08-20 Authorize the Filing of Applications for Federal Operating & Capital
Assistance, State Operating Assistance, County Transportation
Assistance & Non-Profit Grants
Resolution 08-21 Approve Agreements for Transportation Services with Winnebago
County; Cerebral Palsy of Mideast Wisconsin, Lakeside Packaging
Plus, Inc., Red Cross, Alternative Transport Solution & Lutheran
Homes of Oshkosh
Resolution 08-22 Award Bid for Public Works Contract No. 07-01 / Baldwin Detention
Basin (Radtke Contractors Inc., $218,670.00)
Resolution 08-23 Transfer TIF Bond Proceeds
Council Member Esslinger questioned the intent of the resolution. He asked various questions
related to TIF transfers. He questioned the ramifications of laying the item over to explore the
possibility of using TIF monies for the Riverwalk Project.
Council Member Palmeri questioned if TIF 18 was the only TIF that required funding for 2008.
Council Member Tower explained that the CIP project was approved.
Mr. Nokes, Finance Director, explained that there were unspent TIF (Tax Incremental Finance)
proceeds in some TIF Districts. He explained that the resolution would transfer funds that were
not used to TIF 18 (Southwest In dustrial Park). He explained that initial resolutions for the
2008 Capitol Improvement Program (CIP) were included on the current agenda.
Mr. Patek explained that TIF 18 was the only TIF for 2008 listed in the CIP.
Mr. Kinney, Director of Community Development, explained that the first riverfront project would
be the Marion Road/ Pearl Avenue Redevelopment District and the riverwalk section would
occur at the same time as the Akcess Development. He explained that a lease revenue bond
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would come forward in the spring.
Resolution 08-24 Rescind Property Taxes
Resolution 08-25 Distribution of Fisk-Gallup Trust
Proceedings of the Common Council - January 22, 2008
Resolution 08-26 Authorize Borrowing from State Land Trust; Oshkosh Convention
Center Renovation
Mayor Tower asked for an explanation of the adjustments and additional costs.
Council Member Esslinger questioned the individual items. He expressed concerns with the
revised budget.
Council Member King questioned if the landscaping would be im pacted by the Main Street
reconfiguration. She stated her support and explained that the adjustments and add-on items
were adequately explained.
Council Member McHugh stated his support for the Convention Center. He explained that
some of the items brought forward should have been included in the original projection costs.
He expressed disappointment with the poor estimation of material costs. He explained his
opposition to some of the add-ons and explained that he had only anticipated minor changes
from the original budget approval. He questioned funding availability from the hotel/motel tax.
Council Member Tower questioned financing alternatives. He stated his support and explained
that delaying any of the items would increase the cost in the future.
Council Member Palmeri questioned the 5% appreciation rate noted in April 2007. He
questioned the public right-of-way improvements and the Americans with Disabilities Act (ADA)
requirements. He questioned if all the items were necessary for the project to move forward
and he questioned if there would be additional items in the future. He questioned if the new
owner of the hotel could take responsibility for some of the projects. He explained his support
for proceeding with the public right -of-way improvements and the replacement of the boiler
pump.
Mr. Kinney, introduced Allen Washatko and Justin Racin owski from The Kubala Washatko
Architects, Inc. He explained that the landscaping would not be impacted by the Main Street
reconfiguration. He explained that the CIP would fund the first three years of debt service on
the project and the hotel/motel tax would retire the remaining debt. He explained the payment
schedules included with the memo. He reviewed the adjustments. He explained the necessity
of the ADA requirements. He explained that it was beneficial to complete the project all at one
time and he explained the importance of quality renovations. He explained that he did not
anticipate the new owners of the hotel covering any of the capito l costs associated with the
remodel project.
Mr. Washatko reviewed the budget summary.
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Mr. Racinowski reviewed the budget adjustments. He explained that they were close to the
point of completing construction documents and it would be to their benefit not to add items.
He explained that the project cost could increase or decrease based on the figure submitted by
the successful bidder.
Resolution 08-27 Approve Initial Resolution not Exceeding $3,125,000 / City of Oshkosh
Bonds / Street & Street Improvements
Proceedings of the Common Council - January 22, 2008
Resolution 08-28 Approve Initial Resolution not Exceeding $1,245,000 / City of Oshkosh
Bonds / Construction of Engine Houses
Resolution 08-29 Approve Initial Resolution not Exceeding $415,000 / City of Oshkosh
Bonds / Buildings for Housing Machinery & Equipment
Resolution 08-30 Approve Initial Resolution not Exceeding $320,000 / City of Oshkosh
Bonds / Parks & Park Improvements
Council Member McHugh questioned if the item related to floating boat docks.
Mr. Nokes explained that the item related to the South Park Pavilion, Red Arrow Park Skate Park,
Westhaven Circle, Spanbauer Soft Ball and the Pedestrian and Bike Plan.
Resolution 08-31 Approve Direct Advertisement & Sale of General Obligation Corporate
Purpose Bonds, Series 2008-A, General Obligation Promissory Notes,
Series 2008-B
Resolution 08-32 Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 08-19, 08-23
AND 08-26 (Esslinger; second, Palmeri)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Resolution 08-19 Approve Preliminary Plat / Bristol Square Subdivision
MOTION: ADOPT (Esslinger; second, Tower)
MOTION: LAYOVER UNTIL FEBRUARY 12, 2008 (McHugh; second, Mayor Tower)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Resolution 08-23 Transfer TIF Bond Proceeds
MOTION: ADOPT (Esslinger; second, Palmeri)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Resolution 08-26 Authorize Borrowing from State Land Trust; Oshkosh Convention Center
Renovation
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MOTION: ADOPT (Esslinger; second, Palmeri)
MOTION: AMEND TO ONLY PROCEED WITH PUBLIC RIGHT-OF-WAY
IMPROVEMENTS AND REPLACE PRIMARY BOILER PUMP (Esslinger;
second, McHugh)
LOST: Ayes (3) Esslinger, Palmeri, McHugh;
Noes (3) Tower, King, Mayor Tower
Proceedings of the Common Council - January 22, 2008
VOTE ON RESOLUTION:
CARRIED: Ayes (4) Tower, King, Palmeri, Mayor Tower;
Noes (2) Esslinger, McHugh
The Council took a break at 8:10 p.m. and resumed at 8:20 p.m.
Action Taken on Ordinances and Resolutions
Ordinance 08-33 Approve Traffic Regulations
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Ordinance 08-34 Approve Parking Regulations
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Ordinance 08-35 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 08-36 Amend Installment Payment of Taxes
MOTION: SUSPEND RULES FOR CONSIDERATION (Esslinger; second, McHugh)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (6) Esslinger, Tower, King, Palmeri, McHugh, Mayor Tower
Ms. Lorenson explained that the State Law changed to allow a five day grace period on tax
payments.
Citizen Statements
Ken Bender, 806 Oak Street, expressed various concerns in the community.
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Council Member Statements
Council Member Esslinger recognized the future retirements of Ed Nokes, Director of Finance,
and Mark Huddleston, Director of Transportation.
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Mayor Tower announced Council Member Bain’s 5 Tuesday Forum would be held January
29th. He noted that Sawdust Days would be discussed at the Advisory Park Board Meeting on
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February 11. He announced that the State of the City Address would be held at the Senior
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Center on February 28 at 6:30 p.m.
Proceedings of the Common Council - January 22, 2008
Whatever Else is Pertinent or for the Good of the City
Mr. Fitzpatrick explained that the Deltox Building was being demolished due to the construction
of the Wisconsin Street Bridge. He stated that the project did not involve the removal of any
park land. He explained that a task force was created to address the issue of deer migration
into the City. He mentioned that he had recently attended a Dare Graduation and he
expressed a thank you to all in attendance.
MOTION: ADJOURN (McHugh; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 8:35 p.m.
PAMELA R. UBRIG
CITY CLERK
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