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HomeMy WebLinkAboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OlHKOIH ON THE WATER REGULAR MEETING held Tuesday, April 22, 2008 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Paul Esslinger, Bryan Bain, Tony Palmeri, Burk Tower, Dennis McHugh and Mayor Frank Tower EXCUSED: Council Member Jessica King ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney and David Patek, Director of Public Works Council Member Esslinger read the Invocation. The Pledge of Allegiance was led by Aubrey Abrahamson and Nate Fitzhenry from Webster Stanley Elementary School. A proclamation was presented by Mayor Tower declaring May 10, 2008 as "Oshkosh Letter Carriers Food Drive Day" in the City of Oshkosh. A proclamation was presented by Mayor Tower declaring May 1, 2008 as "A Day of Prayer" in the City of Oshkosh. Consent Agenda The minutes of the April 8 th and April 15 2008 meetings were approved as presented. The Report of the Acting City Manager was read. The bills were presented in the amount of $10,599,475.81. The report of the City Clerk was read. Resolution 08 -125 Grant Conditional Use Permit; Approve Planned Development/ South Main Street, West 8th Avenue, Nebraska Street and West 9th Avenue Council Member McHugh questioned if there were parking spaces to accommodate the number of dwellings. He stated concerns about parking in the alley and blocking emergency vehicles. He questioned the color of the units and if the fence issue were settled. He questioned the City assuming the cost to place all utilities underground verse just City utilities, such as water and sewer. 1 Proceedings of the Common Council — April 22, 2008 Council Member Palmeri questioned why the Miles Kimball building would succeed with retail /commercial when the 100 Block Development had trouble getting retail. He questioned what type of retail would be promoted for that location. Mr. Brian Burns, Burns Development, stated Phase One had 32 townhouses; each dwelling would have a garage and a parking space. He stated in Phase Two, there were 18 units that had a parking space with no garage. He stated the units in Phase Two were smaller units 9 studios and 9 one bedroom. He stated there would be no parking in the alley due to blocking of driveways and emergency vehicles generally use the street, not alleys. He stated the color of the units would be cream brick with a darker brown trim. He stated the fencing concerns would come up when the landscape was approved. He stated burying utilities was part of the developers' agreement. He explained the Miles Kimball area had better parking and was on a major thorough fair for easy access of future business. He stated there was a bank and food service interested in locating at his site. He explained marketing would be done at a later time due to the project was a year out for development. He stated pricing for retail would be priced to attract and affordability due to it would not stand on its own. Mr. Kinney, Director of Community Development, stated the City was working with WPS for underground ing utilities. He explained the City covered the cost for underground utilities in the Marion Road and Pearl Avenue development. Resolution 08 -126 Accept Easements / 3300 Block, County Road A Resolution 08 -127 Approve Scope of Services Amendment No. 2 / Modifications and Demolition to the Water Filtration Plant ($464,100) Grady Bullington, 1039 Algoma Boulevard, spoke on behalf of Terry Laib, 500 Main Street; he stated various concerns regarding the demolition of the light tower. He explained itwas a one of a kind landmark and the only light tower on the western shore of Lake Winnebago. He questioned the cost and benefits of demolition compared to the cost for preservation of the landmark. Dick O'Day, 715 Hazel Street, stated to take the beacon off the lake would be terrible, when boating at night, the beacon was the only way to find your way back. Carol Schanke, 1267 Merritt Avenue, stated the water tower was an outstanding landmark visible from the northeast and southeast side. She urged Council to delay the vote to destroy it. Sue Jones, 1339 Winnebago Avenue, stated her support to keep the water tower and delay the demolition. Resolution 08 -128 Approve Declaration of Intent to Reimburse Expenditures for Safe Drinking Water Loan Program Resolution 08 -129 Approve Issuance and Sale of Water Revenue Bond Anticipation Notes, i• Series 2008C Resolution 08 -130 Authorize Borrowing / State Trust Fund / Convention Center Proceedings of the Common Council — April 22, 2008 Dick O'Day, 715 Hazel Street, questioned who was paying for the renovation of the Convention Center. He questioned why it was not stated in the resolution that the bond rating had been lowered. Mayor Tower explained the part of the resolution being discussed was the bond rating, and everything else pertaining to the Convention Center had been approved. He stated the rate had gone from 5% to less than that. Resolution 08 -131 Approve Agreements with Wisconsin Department of Transportation: A) North Main Street (New York Avenue to Murdock Avenue) ($161,600) B) West New York Avenue (Jackson Street to Algoma Boulevard) ($189,000) Resolution 08 -132 Approve Lease Agreement on the North Main Street / 400 Block Parking Lot Resolution 08 -133 Approve Lifeguard Agreement / Oshkosh Area School District Resolution 08 -134 Approve Agreement for Concession Operations at the Reetz Softball Complex (Menominee Park) The Boy's and Girl's Club of Oshkosh, Incorporated, Alumni Association Resolution 08 -135 Approve Initial Resolution — Concrete Driveway Approach / Ruschfield Drive Resolution 08 -136 Disallow Claim / Dempsey, Williamson, Kelly and Hertel Resolution 08 -137 Disallow Claim / Mackie Resolution 08 -138 Disallowance of Claim for Excessive Assessment / Brookside North Apartments, LLP Ken Bender, 806 Oak Street, stated his views about the disallowance of claims. Resolution 08 -139 Disallowance of Claim for Excessive Assessment/ Brookside of Oshkosh, LLC Resolution 08 -140 Disallowance of Claim for Excessive Assessment / Country Park LLC Apartments Resolution 08 -141 Disallowance of Claim for Excessive Assessment / Havenwood Heights, LLC Resolution 08 -142 Disallowance of Claim for Excessive Assessment / Havenwood Lake, LLC 3 Resolution 08 -143 Disallowance of Claim for Excessive Assessment / Maple Court Apartments, LLC Proceedings of the Common Council — April 22, 2008 Resolution 08 -144 Disallowance of Claim for Excessive Assessment / Midwest Real Estate Development Company Resolution 08 -145 Disallowance of Claim for Excessive Assessment / CRL, LLC Resolution 08 -146 Disallowance of Claim for Excessive Assessment / James H. Lang Properties, Incorporated Resolution08 -147 Disallowance of Claim for Excessive Assessment / James H. Lang Properties, Incorporated Resolution 08 -148 Disallowance of Claim for Excessive Assessment / James H. Lang Properties, Incorporated Resolution 08 -149 Disallowance of Claim for Excessive Assessment / James H. Lang Properties, Incorporated Resolution 08 -150 Disallowance of Claim for Excessive Assessment / Walgreen Co. Resolution 08 -151 Disallowance of Claim for Excessive Assessment / Villa St. Theresa, Incorporated Resolution 08 -152 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 08 -127 AND 08 -129 (Esslinger; second, Palmeri) CARRIED: Ayes (6) Esslinger, Bain, Palmeri, Tower, McHugh, Mayor Tower Resolution 08 -127 Approve Scope of Services Amendment No. 2 / Modifications and Demolition to the Water Filtration Plant ($464,100) MOTION: ADOPT (Bain; second, Esslinger) MOTION: TABLE (Palmeri; second, Esslinger) LOST: Ayes (2) Palmeri, McHugh; Noes (4) Esslinger, Bain, Tower, Mayor Tower MOTION: DIVIDE PART A BEING TABLE 2 -1 AND PART B BEING TABLE 2 -2 (Bain; second, Esslinger) CARRIED: Ayes (5) Esslinger, Bain, Tower, McHugh, Mayor Tower; Noes (1) Palmeri MOTION: ADOPT 08 -127 -A Table 2 -1 (Esslinger; second, Tower) CARRIED: Ayes (5) Esslinger, Bain, Tower, McHugh, Mayor Tower Noes (1) Palmeri MOTION: ADOPT 08 -127 -B Table 2 -2 (Esslinger; second, Bain) LOST: Noes (6) Esslinger, Bain, Palmeri, Tower, McHugh, Mayor Tower Proceedings of the Common Council — April 22, 2008 Council Member Esslinger questioned what was decided at the Landmark Commission Meeting and what the benefits were to demolishing the water tower. He questioned the cost to save the building compared to the cost to demolition it. He questioned if all information regarding demolition had been public knowledge. Council Member Palmeri stated advocates for historical buildings should speak to Council and staff regarding preservation of the tower. He stated he would like to table the resolution and get more information including the report provided by Strass- Maguire and Associates mentioned in table 2 -1. Council Member Tower stated he was opposed to tabling the resolution due to the fact there needed to be more discussion and a plan in place. Deputy Mayor Bain stated table 2 -1 was for services rendered in the amount of $136,700 and table 2 -2 was for services during construction for $327,400. He suggested to divide the resolution into two parts. Mayor Tower stated information was discussed at prior meetings. He questioned what the time factor was, if the resolution was tabled. He requested that all the information presented at the Landmarks Commission and other groups be made available to Council. Mr. Patek stated there were two Landmark Commission meetings; one was February 27 and the other March 12 He explained a year ago there was a workshop meeting and explanation had been given that saving the building would be a cost to the City. He explained the clear wells were in violation of DNR codes, therefore, new ones were needed; additional cost of $550,000 just to save tower. He stated the high lifts were in violation of DNR codes, which would need modification; low lifts were in violation and would need to be at a higher elevation, which would increase cost of rates significantly due to the fact of a new building and hazardous materials were found in the tower and would need to be cleaned up. He stated in addition to the $550,000 to saving the tower would possibly cost another million and would continue to always have a cost. He stated it would not be in the best interest for utility rate payers to keep as a historical building. He explained he had been contacted by the Otter Street Fishing Club and as long as the new building had a light on it they were satisfied. He stated the dollar amount in table 2 -2 would increase if the tower was saved. Mr. Brand, Superintendent of Utilities stated there was a 60 day window from the time the bids were submitted to the time bids were accepted and the bid started April 2 " Ms. Lorenson stated tabling the resolution would require a motion with a majority vote. Deputy Mayor Bain urged the item be laid over for further research on the water tower and brought back at a later date for a vote. 5 Council Member Esslinger questioned what was involved with 08 -127 and 08 -129. He questioned if staff was presumptuous or were there certain steps that had to happen. He stated he would like to see more proposals. Proceedings of the Common Council — April 22, 2008 Council Member Palmeri questioned if there was a promise made to the citizens that the water tower would not be destroyed. He read letters from concerned individuals regarding the demolition of the tower. He stated in 1978 the tower should have been put on the National Register for historical places, however, no one knows why it was not. He stated one letter requested to explore two realistic options and neither was demolition. He suggested looking into federal and state financial grants to help with preservation of the tower. Council Member Tower stated all Council Members were aware of the demolition of the tower and present when the Otter Street Fishing Club spoke on the concerns of the light. He stated it had been known for 3 -4 months and was talked about a year ago. He stated at the Landmarks Commission meeting it was stated the water tower used to have functions for the City and had lost all functionality. He stated the tower was not on the States Register as a historical place. He stated the possibility to save some brick for sustainability was discussed. He explained that staff was looking out for the best interest for rate payers and the cost would continue to grow with the length of time it was on hold. He requested to have a workshop with public comment. Joel Pittelman, Bond Council, stated costs would include: writing official statement; all bidding and all legal work, $36,000 for cost issuance, however, some of that cost may be reused. The sold bonds can not be resold and would be a cost to Springsted, which would leave hesitation with future bonds. Mr. Fitzpatrick questioned the impact of tabling 08 -127 -B had on the bonds. Mrs. Steeno, Director of Finance stated due to the project not going forward, her recommendation would be not to approve the bonds. She explained there would be cost involved and bidders would be tentative in the future. Mr. Patek explained he was not here in the mid 90's, however, the requirements then required to keep pumping stations. He stated keeping the pumping stations then would have meant keeping the tower. He stated requirements had changed in 2007. Resolution 08 -129 Approve Issuance and Sale of Water Revenue Bond Anticipation Notes, Series 2008C MOTION: ADOPT (Bain; second, Esslinger) LOST: Noes (6) Esslinger, Bain, Palmeri, Tower, McHugh, Mayor Tower Action Taken on Ordinances and Resolutions Ordinance 08 -153 Approve Zone Change / South Main Street, West 8 Avenue, A Nebraska Street & West 9 1h Avenue MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (5) Esslinger, Bain, Palmeri, Tower, Mayor Tower Noes (1) McHugh Council Member McHugh stated he would not support the zone change, due to the fact it was not uniform and it should be residential. Proceedings of the Common Council — April 22, 2008 Council Member Palmeri stated his support for the zone change due to the developer successful projects in the City. He stated the new City Manager's top priority should be how to make downtown boom. Deputy Mayor Bain stated the ordinance was appropriate, and Mr. Burns had proven success with the Division Street development. Ordinance 08 -154 Approve Traffic Regulations FIRST READING; LAYOVER UNDER THE RULES Ordinance 08 -155 Prohibit Feeding of Deer FIRST READING; LAYOVER UNDER THE RULES Citizen Statements Ken Bender, 806 Oak Street, stated he disagreed with the disallowance of claim for the snow removal at the last meeting and requested Council to check on the Police Department's lack of driving skills. Council Member announcements, Statements and Discussion Deputy Mayor Bain announced the Fifth Tuesday Forum would be April 29 at 6:00 p.m. at the Oshkosh Seniors Center in the Willow North Room. Mayor Tower stated the Near East Neighborhood workshop would follow the meeting; the next Council Meeting was May 13 with the Leach Amphitheater workshop scheduled following and he reminded Council on the 13 at 3:30 p.m. Council would review City Manager applications. He stated he would like to schedule a water tower workshop for May 27 City Manager Announcements, Statements and Discussion Mr. Fitzpatrick stated notification was given on April 8 1h of a Municipal Flood Control Grant for $200,000 from the WI -DNR. He also thanked everyone for their assistance during the filming of "Public Enemies ". MOTION: ADJORN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 7:56 p.m. 7 PAMELA R. UBRIG CITY CLERK