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HomeMy WebLinkAboutminutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN C~ ~I~KC~ ~N REGULAR MEETING held Tuesday, November 25, 2008, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Burk Tower, Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri and Mayor Frank Tower ALSO PRESENT: Mark Rohloff, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, City Attorney, and Dave Patek, Director of Public Works Council Member Tower read the Invocation. The Pledge of Allegiance was led by Preston Michie and Brett Bittner from North High School; and Amber Burtt from East High School PUBLIC HEARINGS Mayor Tower ordered the following Public Hearing: Resolution 08-425 Approval of Submittal of 2009 Community Development Block Grant Action Plan There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Palmeri questioned if the review committee was an open meeting. David Buck, Principle Planner stated that the meetings were closed. Council Member Palmeri questioned what the criteria was to determine what agencies would be funded and what ones would not. Mr. Buck explained that there were four or five areas of criteria, all applicants were ranked by the committee and submitted blindly. He stated that the committee members consisted of four citizens, two from the Community Foundation, two from United Way and one from the County. Council Member Palmeri questioned if there were agencies that had not received any funding and if the Council could receive a list of those agencies. 1 Mr. Buck stated that there were agencies that had not received funding and Council could receive a list of those. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Tower stated that he had served on the committee for years and there were nine areas of criteria, each member individually ranked the agencies with each criteria then submitted blindly, then the ranking was totaled and there was a discussion. He explained that there were 18 proposals submitted requesting approximately $300,000 and there was less than $200,000 available. Council Member Palmeri questioned if the meeting should be open due to a Council Member serving on the committee. Ms. Lorenson stated that the meetings did not need to be open due to a Council Member serving. Council Member Tower stated that he served on the committee as a United Way member and not as a Council Member. CONSENT AGENDA Resolution 08-426 Approval of Change Order No. 1 /Rainbow Park Boat Launch Extensions / Radtke Contractors Inc. ($8,960.00) Resolution 08-427 Approval of 2009 Business Improvement District Operating Plan and Budget Resolution 08-428 Approval to Grant Cross Access Easements in the High Avenue Parking Lot for Access to the Rear of Properties at 135-141 High Avenue (Plan Commission Recommends Approval) Resolution 08-429 Approval of Disposition of Portion of High Avenue Parking Lot to Owners of 250 Pearl Avenue (Plan Commission Recommends Approval) Resolution 08-430 Approval to Expand Existing Planned Development at 1900 Jackson Street to Construct New Retail Building on Jackson Street, North of 1800 Jackson Street (Plan Commission Recommends Approval) Resolution 08-431 Approval of Conditional Use Permit for Canine Service Facility at 2300 Algoma Blvd (Plan Commission Recommends Approval) Resolution 08-432 Approval of Conditional Use Permit to Establish a 24 Bed Community Based Residential Facility at 2831 Harrison Street (Plan Commission Recommends Approval) Resolution 08-433 Approve Revised Agreement /Wisconsin Department of Transportation for Raised Medians on Jackson Street (STH 76) from Murdock Avenue to Bacon Avenue /Increase City Share from $318,000 to $413,000 2 PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Resolution 08-434 Approval of Resolution to Authorize the Issuance and Sale of up to $7,287,777 Water System Revenue Bonds, Series 2008 and Providing for Other Details and Covenants with Respect Thereto Resolution 08-435 Award Bid for Operational Chemicals for Water Filtration Plant and Wastewater Treatment Plant for 2009 to: A) Hydrite Chemical -Chlorine - $73,450.00 B) General Chemical -Aluminum Sulfate - $378,989.50 C) Kemira Companies Inc -Chloride - $199,375.00 D) Siemens Water Tech Corp -Liquid Odor Control - $183,040.00 E) Ashland Specialty Chemicals -Liquid Polyelec-Trolyte - 56,400.00 F) Ashland Speciality Chemicals -Dry Polyelec-Trolyte - $78,750.00 Resolution 08-436 Disallow Claim by Joyce Bloechel (flood damage) Resolution 08-437 Disallow Claim by Michael and Cindy Panas (flood damage) Resolution 08-438 Disallow Claim by Sparr Investments / 628 Bayshore Drive (flood damage) Resolution 08-439 Disallow Claim by Sparr Investments / 215 Market Street (flood damage) Resolution 08-440 Disallow Claim by Sparr Investments / 103 High Avenue (flood damage) Resolution 08-441 Disallow Claim by Sparr Investments / 101 High Avenue (flood damage) Resolution 08-442 Disallow Claim by Sparr Investments / 129 Guenther Street (flood damage) Resolution 08-443 Disallow Claim by Sparr Investments / 602 West 7t" Avenue (flood damage) Resolution 08-444 Disallow Claim by Tritt Properties / 327 East Parkway Avenue (flood damage) Resolution 08-445 Disallow Claim by Tritt Properties / 633 Jefferson Street (flood damage) Resolution 08-446 Disallow Claim by Tritt Properties / 600 West 6t" Avenue (flood damage) Resolution 08-447 Disallow Claim by Tritt Properties / 606 West 6t" Avenue (flood damage) Resolution 08-448 Disallow Claim by Tritt Properties / 416 Fulton Avenue (flood damage) Resolution 08-449 Approval of Special Class "B" Licenses, Operator Licenses, Taxi License, 3 Taxicab License and Junk Collector License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 08-430 AND RESOLUTION 08-436 (McHugh; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Resolution 08-430 Approval to Expand Existing Planned Development at 1900 Jackson Street to Construct New Retail Building on Jackson Street, North of 1800 Jackson Street (Plan Commission Recommends Approval) MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Palmeri questioned where the site was, if the site was in the tax increment district and if it was located near Shopko. Andy Dumke, 2030 Menominee Drive, stated that the development would be north of Taco Bell and would be in the tax increment district near Shopko. He stated that the project would not receive any funding. Council Member Palmeri questioned if Dumkes had been aware of the project prior to Council's approval for the tax increment funds for Shopko. Mr. Dumke stated that the development was on the Shopko site plan that was approved by Council. He explained the plan for this construction would be completed without a TIF. Council Member Palmeri stated that an argument had been made implementing that development would not take place without a TIF and now it does not appear that this portion of the development needs that. Mr. Dumke stated that without the Shopko development this development would not take place. Resolution 08-436 Disallow Claim by Joyce Bloechel (flood damage) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Palmeri questioned if it was an accurate statement in the paperwork by Mr. Patek that the project had been constructed erroneously. Mr. Patek stated that it was unfortunate that the street had been built on lower elevation than the later street on Northpoint and White Swan. Council Member Palmeri questioned if it had been constructed in error. Mr. Patek stated that he had no understanding as to why the engineers at that time used the grade level they had. He explained that it was not an error; however, an unfortunate incident. 4 Council Member Palmeri questioned if problems on Doemel Street had been occurring since the time on construction. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mr. Patek explained that he had been in public works for eleven years and had not heard of problems prior to this claim. He stated that it was unfortunate the resident knew of the problem and never reported it. He stated that now that it had been brought to the attention of the City it had been investigated and there were funds put in the Capital Improvement Project for 2009 to fix the problem. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 08-450 Approval of Map Amendment to the Floodplain Zoning Ordinance to Change the Base Flood Elevation at 459 North Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member McHugh stated that the bridge was not at the correct height and fire trucks could not pass over the bridge. Mr. Patek stated that water would cover the bridge in the event of a 100 year flood. Tim Franz, Fire Chief, stated that there had been a concern regarding the width and load capacity and that was the reason for the contingency regarding the development to be for storage only. Council Member McHugh questioned if the issue regarding the 100 year flood was serious. Chief Franz stated that if there were commercial development on the other side of the bridge it would be an issue. Council Member McHugh questioned if the land was zoned for storage and not residential. Mr. Patek stated that he was not sure of the zoning ordinance due to the land being in the Town of Algoma. He stated that there would be no active business on the property. Council Member Palmeri questioned if the City had paid a $4,000 fee for the map revision. Darryn Burich, Director of Planning Services, stated that Pommerening had paid for the map revision. Ordinance 08-451 Approval of Chapter 30 Zoning Ordinance to Amend the Subdivision 5 Ordinance to Create Sections Regarding Terrace Trees (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Palmeri) CARRIED: Ayes (5) Tower, Bain, King, Palmeri, Mayor Tower; Noes (2) McHugh, Esslinger PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Ordinance 08-452 Approval of Loading Zones on Josslyn Street and Sawyer Street and Parking Regulations Changes on Frederick Street and Morgan Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 08-453 Change December 23, 2008 Council Meeting Time to Noon FIRST READING; LAID OVER UNDER THE RULES Ordinance 08-454 Cancel December 23, 2008 Council Meeting FIRST READING; LAID OVER UNDER THE RULES Resolution 08-455 Approval of Conditional Use Permit; Planned Development for Operation of a Repair /Service Facility and Truck Stop /Temporary Storage Business - 1701 Fountain Avenue (Plan Commission Recommends Approval with Conditions) MOTION: ADOPT (Esslinger; second, Bain) MOTION: ELIMINATE PROVISIONS RELATED TO CONDITIONAL USE AND USES OF THE PROPERTY AND TO DELETE CONDITION NUMBER ONE (Mayor Tower; second, Esslinger) CARRIED: Ayes (6) Tower, McHugh, Esslinger, King, Palmeri, Mayor Tower; Noes (1) Bain MOTION: DELETE CONDITION NUMBER TWO (Palmeri; second, Esslinger) LOST: Ayes (3) McHugh, Esslinger, Palmeri; Noes (4) Tower, Bain, King, Mayor Tower VOTE ON AMENDED RESOLUTION CARRIED: Ayes (6) Tower, McHugh, Esslinger, King, Palmeri, Mayor Tower; Noes (1) Bain Attorney Dave Winkel, representing Loren's 41 Truck Plaza Inc., 1701 Fountain Avenue, stated that the Plan Commission had recommended six conditions upon approval and had modified two of the six. He urged Council to consider that the DOT was taking land from Mr. Rangeloff and removing a sign, a fence and two driveways that were there prior to the project. He stated that his client requested one driveway be replaced and the fence and sign be placed back on the property. He explained that the Plan Commission stated that in order to replace the three structures there first must be $25,000 in landscaping and compliance with the 41 corridor 6 building materials to be used on the addition. He stated that the addition of the building was less than 50% of the existing building; therefore, 41 corridor regulations would not apply. He explained that his clients proposal had four feet of brick that matched the existing building and steel, he requested that item one and two on building materials along with item three regarding landscaping be removed from the conditions required. He stated that the land being taken was on the north side of the building and the landscaping requirements were for the south and east sides. He stated that the east side had been landscaped and had been approved by the Council two years prior. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Attorney Russ Reff, 217 Ceape Avenue, representing Omni Glass and Paint, stated that Omni owned 14 acres surrounding Loren's and had intended to develop that land into an industrial park. He stated that the property at Loren's was not something that should be in a gateway location to the City. He explained that in 2006 Loren's had received a conditional use permit with a year to comply, he did not comply and the permit was not renewed. He stated that he continues to operate and used this repetitiveness as a stalling tactic. He explained that the land had not been taken from Mr. Rangeloff due to compensation paid for the land and that Mr. Rangeloff was obligated to comply with the plan development overlay. Loren Rangeloff, 1701 Fountain Avenue, stated that he had been trying to make improvements to the appearance of the building; however, there seemed to be roadblocks constantly. He explained that he had spent $20,000 on plans with no progress. He stated that Omni Glass had not landscaped their property or cut the lawn. Council Member McHugh questioned if Mr. Rangeloff's proposed plan was approved. Mr. Burich stated that the plans had not met the Highway 41 Corridor standards. Council Member McHugh stated that trying to create a building like Omni Glass would not happen from a building that was built for a truck stop. He questioned if the City was trying to put Loren's out of business. He explained that Loren's had been there prior to the Omni Glass building. He questioned what the solution was. Mr. Burich stated that the plan for the building was to be storage and the addition was almost a 50% increase. He stated that he thought the Highway 41 Corridor standards were appropriate for the building and that plan development in the area could implement other conditions. Council Member McHugh stated he was frustrated with all the problems regarding the property and conditions to it. He stated that it was absurd to expect a preexisting building to conform to new language in the highway corridor. Mr. Burich explained that the criteria to meet had nothing to do with the preexisting building but rather for the addition. Deputy Mayor Bain questioned why condition one was requested by staff to be removed. Ms. Lorenson stated that he had removed amended submission to the Plan Commission so the request related to the uses had been removed. 7 Deputy Mayor Bain questioned what happened to the vehicles being stored at the property. Mr. Burich stated that if the vehicles were not registered or licensed the City would issue citations for the violations. Deputy Mayor Bain questioned if vehicles had been inspected. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mr. Burich stated that if the Council moves forward with the conditional use permit then the City would know what direction the development would be taking and would look at enforcement options. Deputy Mayor Bain stated that the Council was to vote on plan development with conditions two through five. He questioned what would happen if voted down. Mr. Burich stated that the City would still move forward regarding citations due to unlicensed or unregistered vehicles. Deputy Mayor Bain questioned if there would be any progress regarding the fence, the sign and the driveway. Mr. Burich stated there would be no progress. Deputy Mayor Bain questioned what the legal issues would be if voted down. Ms. Lorenson stated Mr. Rangeloff could seek review of Council's denial or provide a new submission. She stated that it would be a decision to be made by the petitioner. Council Member Palmeri questioned what items had been requested by Mr. Rangeloff to be removed. Mr. Winkel stated that the request was to remove conditions one, two and three. Council Member Palmeri questioned what Mr. Winkel's response was to Mr. Reff's condemning statements. Mr. Winkel stated that Omni Glass must have thought it was okay due to the large investment that was developed near the property. He stated Loren was not operating a salvage yard. He explained that the cars on the property were cars that were to be sold. Council Member McHugh questioned if the proposed materials for the addition were similar materials on the existing building. Mr. Burich stated that the materials were different. Council Member McHugh questioned if all of the existing buildings needed to comply with the 8 Highway 41 Corridor conditions. Mr. Burich stated that the other buildings were not in the Highway 41 Corridor overlay and they would not have to comply. Council Member Tower questioned Loren's current operation on the premise. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mr. Rangeloff stated that the business repaired trucks and automobiles along with trucking companies swapped trailers at that location. He stated that he operated a truck repair not a food service station. He stated that in the ordinance book section 30-34 item F was an explanation regarding the Highway 41 Corridor and his plans had been based following that. Council Member Tower questioned if cars and trucks had been stored on the property. Mr. Rangeloff stated that the vehicles on the property were left from prior use. Council Member Tower questioned the amount of compensation received for the land and items being removed. Mr. Rangeloff stated that the amount to be received was little and had not been determined yet. Mr. Winkel explained that the DOT paid for the land and the items removed needed to be determined when an appraisal was completed. He stated that Loren's would have to comply with the requested conditions in order to have the three items returned back to the property. Council Member Esslinger questioned the materials used on the existing building and the addition. Mr. Rangeloff stated that the existing building consisted of masonry block, wood trim and small brick pavers on the lower side. He explained he planned on leaving the lower brick pavers and extending around front facing road, vinyl and aluminum trim for maintenance free, vinyl siding and the back would have steel panels same as what was used on building behind. He stated that his plan was to make the building look attractive. He stated that the original plan was to demolish the front of the building and construct a new building, once that was denied he scaled the project down. Council Member Esslinger questioned the section 30-34 in the ordinance book. Ms. Lorenson stated that the ordinance had been addressed in the memo. She explained that he came in below the 50% requirement; however, the plan development standards did not exempt from all the conditions. 9 Resolution 08-456 Approval of Assignment Agreement /City Center Associates, LLC and Bankers' Service Corporation /Park Plaza Parking Structure MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Tower requested an explanation of the situation regarding the resolution and if this would resolve the issues. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mr. Rohloff stated that this would resolve the issues. He explained that everyone involved had agreed that the City Centre LLC would take ownership of the parking structure. He stated that the money owed by the City would be paid to the City Centre. He stated that the City Centre and the hotel had an agreement that the hotel would lease the parking structure from the City Centre under the existing terms and that all payments would be paid to the City for deferred maintenance. Resolution 08-457 Authorize Transfer of "Class B" License for use at Oshkosh Convention Center /Fox River Pizza and Buffet (Supple, Inc.) Agent: John Supple MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Esslinger stated that in February the Convention Center would be complete and without a liquor license scheduling events would be difficult. Mr. Rohloff stated that the transfer of license would be on a temporary basis. Deputy Mayor Bain requested staff to complete a list of establishments that currently hold quota and non quota licenses prior to the next renewal. Mayor Tower questioned the qualifications for quota and non quota licenses. Council Member Palmeri questioned how long the license had not been in use. Ms. Ubrig stated that it had been several years. Council Member Palmeri stated that the Council had a condition on the license to be used on the waterfront development. He questioned why the City would not take the license and grant it to the Convention Center. Ms. Lorenson explained that the Council would hold a revocation hearing and that Supples had until June to comply with the conditions. Council Member Palmeri questioned the license to be transferred from Supples to Dumkes. 10 Mr. Rohloff stated that Council had determined to hold the license at the waterfront development on Marion Road. Council Member Palmeri questioned if Council could remove that condition. Mr. Rohloff stated that it would be Council's choice. Council Member Palmeri stated that he had received letters from McKnight and Carlson stating that they had a business ready to open and were in need of a license. Ms. Ubrig stated that there were several licenses up for renewal options and she had explained that to McKnight and Carlson. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member King questioned who would operate the catering at the Convention Center. Mr. Rohloff stated that the Supples would be catering. Council Member King questioned why the use of Supples current catering license would not be used at the Convention Center. She questioned the difference between Supples catering at the Paine Art Center verses catering at the Convention Center. Ms. Ubrig explained that an event catered at the Paine would have had all transactions of sale of alcohol at Supples establishment and the Convention Center was to have a cash bar so alcohol sales would take place on the premises. Resolution 08-458 Approval of Application for Urban Wildlife Abatement and Control (UWDAC) Grant MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) Tower, McHugh, Esslinger, Bain, King, Mayor Tower; Noes (1) Palmeri Steve Barney, Elmwood Avenue, questioned what the result of the non-lethal process was and if lead bullets were to be used. He explained that lead bullets could cause contamination of the meat. He stated that the advertisement of the presentations was not publicized properly. Ms. Lorenson explained that individuals that had experienced damage in the past were still experiencing damage after non-lethal measures. Mayor Tower stated that a mailer had gone out inviting individuals with concerns to attend the presentation. Chief Greuel, Police Chief, stated that all individuals impacted by the deer were invited and for the second presentation Stuarts Landscaping had provided advertisement to the public. Deputy Mayor Bain questioned how the number to be culled would be determined and why 11 antlerless. Chief Greuel stated that there were ranges from 8 to 45 deer observed and antlerless would be taken to implement the management plan. Council Member Palmeri questioned what the current population was in the urban area and how the number of the herd had been determined. Chief Greuel stated that an aerial view had been taken, counts had been given by neighbors and patrol squads noticed while in that area. Council Member Palmeri questioned what the negative consequence had been regarding the deer and if collisions had been normal or higher. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Chief Greuel stated that there were 43 city wide vehicle /deer collisions and ten of those had been in the area of Osborn. He stated that several complaints had been filed due to landscape issues. Council Member Palmeri stated that he had not found any evidence to support the culling of deer herds. He explained that he had read evidence that culling of deer would increase herd size due to the abundant source of food. Chief Greuel stated that many communities he had spoke with regarding culling stated that the impact in the area had slowed down and culling was continued annually. He explained that a grant was going to be requested to offset the cost of culling in the budget. Council Member Palmeri questioned if the non-lethal method had been applied for a long enough time period. Chief Greuel explained that non-lethal methods needed to be changed every seven to ten days and the residents either did not follow procedure or had no effective change if they followed the methods. Council Member Palmeri stated that to eliminate the deer herd population was not accepted by the DNR. He questioned if there had been public input on the culling of deer. Chief Greuel stated that the sharp shooters would not eliminate the herd, they would be culling up to 40 deer and there had been potentially 45 different deer spotted. He stated that there had been numerous public hearings, a survey and workshops for the public. Council Member Palmeri stated that 100's of surveys had been sent and few returned. He stated that according to the survey 73% of the people had not been concerned with the deer. He stated that 69% stated damage had not been serious enough for the City to take action. He questioned why surveys were mailed to all residents in the area, when only residents effected were count. 12 Chief Greuel stated that it had been an unscientific survey and more weight should go to those areas that had been affected. He stated that the surrounding area had received the survey so that staff could identify where the problem was. He explained the problem existed for a three to five year time frame and the City was trying to be responsive to those with concerns. Council Member Palmeri questioned the techniques that would be used by the sharp shooters and if there was a potential risk. He questioned where the culling would take place and if homeowners needed to grant permission. Chief Greuel stated that the group was certified, experienced and had insurance. He stated that the site had not been determined other than it would take place on the National Guard property. He stated that the group had culled in residential areas and had a high safety rating. He stated that permission from homeowners was not needed. He explained that a final resolution would come before Council in January requesting a waiver to allow discharge of firearms and residents would be notified. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Esslinger questioned if state or local hunting groups would be given consideration. Chief Greuel stated that the DNR recommended not having special hunts. He explained the training level was not known of each individual, they would not have insurance and with the recommended group their safety level had been proven. Council Member McHugh stated that it was absurd to nurture procreation of deer due to the hazard of injury, death, vehicle repair and landscape damage done by the deer. Council Member Palmeri stated that he understood the frustration; however, he was not convinced culling would solve the problem. Deputy Mayor Bain stated that he wanted to thank the Chief and staff for their work and efforts regarding this issue. Resolution 08-459 Approval of Resolution Authorizing the Issuance of Not to Exceed $2,150,264 Taxable Tax Increment Revenue Bond of the City of Oshkosh, Wisconsin to 1900 Jackson Street LLC or Assigns MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (5) Tower, Esslinger, Bain, King, Mayor Tower; Noes (2) McHugh, Palmeri Resolution 08-460 Approval of Master Developer Agreement Term Sheet with 1900 Jackson Street LLC for Development in TIF 22 Fair Acres Development MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) Tower, McHugh, Esslinger, Bain, King, Mayor Tower; Noes (1) Palmeri 13 Council Member Palmeri questioned the legality of imposing penalties on the Dumkes if Shopko on Koeller Street closed within a time period after the development of the Shopko on the north side and if Dumkes would pay the penalties. Ms. Lorenson stated that the Dumkes would be required to pay the penalty pursuant to the developers agreement. Council Member Palmeri stated that it was odd to punish a developer for closing of a store. He expressed the need for an ordinance regarding big box stores. Council Member Esslinger stated that he was in support of the resolution due to the terms with Dumkes. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Resolution 08-461 Approval of Settlement Agreement and Release of Claims / Lunda Construction Associated with the Water Plant Intake Pipe MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower Council Member Tower stated that this was the second settlement and it was costly. Ms. Lorenson stated that this was the remaining cost of the project. She stated that the settlement would have Lunda release a claim filed against the City for $2,000,000. CONSIDERATION OF COUNCIL MEMBER'S PROPOSED BUDGET AND CAPITAL IMPROVEMENT PROGRAM AMENDMENTS BUDGET: 1) Proposed Budget Amendment # 1(Council Member Palmeri) -Eliminate Outside Legal Assistance MOTION: ADOPT (Palmeri; second, Esslinger) LOST: Ayes (3) McHugh, Esslinger, Palmeri; Noes (4) Tower, Bain, King, Mayor Tower Council Member Palmeri urged Council to eliminate outside legal staff and suggested to transfer the funds to the general budget. Council Member Tower stated that he would not support the amendment due to the value of outside assistance. Council Member McHugh stated that the Board of Education had requested outside service if they would come to an impasse. 14 Council Member Palmeri stated that the majority of cities our size use staff and do not hire out. Council Member King stated that contracting out was a high cost to the City. She suggested adding a position or part-time position with additional job duties when not negotiating. Mr. Rohloff stated that the City staff had been involved in negotiating; however, the staff had other activities they were involved besides negotiating. Mayor Tower stated that he would not support the amendment due to an outside expert was best. Council Member McHugh stated that at the school district during negotiations the union would receive a high wage increase due to the high expense of hiring out a negotiator. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Palmeri explained that the motion had not stated there would never be the use of outside legal help. He stated when necessary, staff would come to Council and request the need for legal assistance. 2) Proposed Budget Amendment #2 (Council Member Palmeri) -Revise Administrative Services Reorganization Plan MOTION: ADOPT (Palmeri; second, McHugh) LOST: Ayes (2) Esslinger; Palmeri; Noes (5) Tower, McHugh, Bain, King, Mayor Tower Council Member Palmeri urged Council to eliminate the purchasing agent position after the gentleman retired in 2009. Deputy Mayor Bain questioned who would do the purchasing for the city. Council Member Palmeri stated that duties could be allocated elsewhere. He explained that employees on a regular basis receive additional responsibilities. Deputy Mayor Bain questioned if the reorganizing of the administrative chart saved money. Mr. Rohloff stated that there was a net cost of $800 annually for the position changes. He stated that the purchasing agent had also supervised the building maintenance staff. 3) Proposed Budget Amendment #3 (Council Member Palmeri) - $4,000 Council Training Budget MOTION: ADOPT (Palmeri; second, Esslinger) 15 MOTION: AMEND TO TRANSFER $2,000 FROM THE COUNCIL TRAINING BUDGET TO COMMUNITY DEVELOPMENT FOR SUSTAINABILITY TRAINING (King; second, Palmeri) CARRIED: Ayes (5) Tower, Bain, King, Palmeri, Mayor Tower; Noes (2) McHugh, Esslinger VOTE ON AMENDED AMENDMENT #3 CARRIED: Ayes, (5) Tower, Bain, King, Palmeri, Mayor Tower: Noes (2) McHugh, Esslinger Steve Barney, Elmwood Avenue, urged Council to allocate $2,400 for interns to review greenhouse gas. He stated that the intern would work approximately 100 hours and $4,000 would cover the cost. He explained to hire out these responsibilities would cost approximately $15, 000 to $20, 000. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Palmeri urged council to remove $4,000 from Council training budget. He explained to use the money for training would cause citizens to be concerned about Council Members taking trips on tax dollars. He stated to direct the money into community development for sustainability training or to hire interns for greenhouse gas evaluation. Mayor Tower stated that he would not support the amendment due to there had been three volunteers that had agreed to assist with the greenhouse gas project. Council Member King explained the three volunteers would be for the data entry project. She suggested putting $2,000 into community development for sustainability training and leaving $2,000 for Council training. Council Member Esslinger questioned if there were funds in the budget for council training or if it had been proposed to be levied for. He questioned what happened to the council funds from the 2008 budget that had not been used for training. He stated that he would not support the amendment of $4,000 transferred for sustainability use due to the position would proceed to increase to more hours until it was a position that would require benefits. Mr. Rohloff stated that the funds were in the budget and the money from the 2008 budget would be transferred to the general fund. 4) Proposed Budget Amendment #4 (Council Member Palmeri) Citizen Led Budget Committee MOTION: ADOPT (Palmeri; second, Esslinger) CARRIED: Ayes (5) McHugh, Esslinger, Bain, Palmeri, Mayor Tower; Noes (2) Tower, King 16 Council Member Palmeri stated that this was his second term on Council and going through the budget process. He stated the importance to have a committee review the budget on an on going process. He explained that the City of Eau Claire had six budget meeting workshops, had a committee and two evenings had been dedicated exclusive to community input regarding the budget. Council Member Tower stated that he would not support the amendment due to functions of the committee was not determined. He suggested the budget process start earlier and that this year had been difficult due to the transition of the City Manager and Finance Director. Mr. Rohloff stated that he had inherited the budget process this year, in 2009 it would be different and start earlier. CAPITAL IMPROVEMENT PROGRAM: 1) Proposed CIP Amendment #1 (Deputy Mayor Bain) -Grand Opera House Sprinkler Project MOTION: ADOPT (Bain; second, King) CARRIED: Ayes (5) Tower, McHugh, Bain, King, Mayor Tower; Noes (2) Esslinger, Palmeri PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Deputy Mayor Bain stated that the City owned the building and the City had an obligation to maintain the building. He explained that if the City was not interested in maintaining the building then the City should not own the building. He explained that the Grand Opera House was a historical part of the City and to lose it would not benefit the City. Council Member McHugh stated that the Grand Opera House was code compliant currently and only if any new construction were to happen would it not be code compliant. He questioned if the funding was to be used for the sprinkler system or for improvements of the Grand. Joe Ferlo, Director of the Grand Opera House, stated that the Grand was a safe place and it was code compliant; however, any changes or enhancements to the Grand would require a new code review. He explained that the sprinkler system would protect the building against loss. Council Member Palmeri questioned if the lounge proposal had not happened there would not be a request for the sprinkler system. Mr. Ferlo stated that any other project proposed at a later date would allow for review of code and would be in the same situation. Council Member Palmeri questioned what the fund raising had been for. Mr. Ferlo stated that the full amount of $237,000 would be for the sprinkler system and the $270,000 raised was for the enhancement of the lounge. He explained that if the sprinkler 17 system was not approved by Council the Grand would function as is, lounge would not be renovated and the pledges would be returned. Council Member Tower questioned if the state code stated there should be a sprinkler system in the building due to the code changes. He questioned if the sprinkler system would happen without the $100,000. Mr. Ferlo stated that the sprinkler system made good sense fora 125 year old historic building to protect against fire. Mr. Rohloff stated that this proposal was where the Council would end up at a later date. Council Member Tower stated that he would support the funding due to the building being a key part to the downtown area and that it had been used immensely by citizens. Mr. Ferlo explained that the motion was the expedient way to move forward with construction and secure the project. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Esslinger stated that the sprinkler system was important - not a need at this time, there were other important issues in the budget. He stated that if the enhancement was of great importance then money would be raised for the sprinkler system. He stated that there were many facilities to fund and funds were low. He stated that it would benefit if funds generated by the lounge would be given back to the City. Mr. Ferlo stated that it was in the best interest and less expensive to the tax payers to go through the bonding. He agreed times were tough and explained that the funds generated from the lounge were for other events. He stated that the taxpayers would not receive any funding, they had a facility to use and for children to learn. 2) Proposed CIP Amendment #2 (Council Member Palmeri) -Delay the 400 Block East Parking Lot MOTION: ADOPT (Palmeri; second, Esslinger) LOST: Ayes (3) McHugh, Esslinger, Palmeri; Noes (4) Tower, Bain, King, Mayor Tower Dick O'Day, 715 Hazel Street, stated he did not agree with the amount of funds for landscaping the parking lot. He explained he agreed with liquidating the docks on the riverfront as it was a waste of money due to no project had started and that it would become a party barge. 18 Candy Pearson, 543 Hazel Street, owner of Apple Blossom Books, stated that customer services starts before entering a business. She stated that the parking lot near her store had a positive impact for patrons. Todd Cummings, 2691 Edgewood Lane, stated that the parking lot was a necessity due to safety concerns. Jeff Janke, 3464 Milford Drive, owned 448 North Main Street and stated that the alley was a great concern as cars sped through while individuals used the alley to enter and exit the various stores. Dave Sparr, 103 High Avenue, owns property in the BID area and explained that businesses would give up easements to stores and parking spaces for the good of the city. He stated that the BID budget pays for clean-up and lawn mowing. He stated that $15,000 had been paid by the BID for contractual services and $6,000 towards the planters throughout the downtown area. He urged Council for their support regarding the parking lot. Council Member Esslinger stated that if the City would deed over the property to business owners it would limit future taxpayer expenditures. Mr. Sparr stated that there were a number of business owners that would not have funding sources available to spend on a public parking lot. He explained that the City would borrow funding at a lower rate than individuals would. He stated that the parking lot was a benefit for the whole community and not a limited group. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member Esslinger questioned if BID members had approved this proposal. Mr. Sparr stated that he believed the majority of members were supportive. Mark Schultz, 434 North Main Street, stated that the project had been promised twenty years ago and urged Council to support the proposal of the parking lot. Council Member Palmeri stated that he would support the parking lot; however, would like construction to begin in 2011 and use the funds budgeted for the construction in 2009 to repair the streets and sewer system. He stated that the alley could be closed at any time regarding the safety concerns. He stated that the DOT would make access to businesses during construction. Council Member McHugh explained that the 400 block parking lot proposal had trees, bushes and curbs; he stated the parking lots on Oregon and Ohio Street needed repair also. 3) Proposed CIP Amendment #3 (Council Member Palmeri) -Delete Riverside Park-Docking Facility MOTION: ADOPT (Palmeri; second, Esslinger) LOST: Ayes (3) Tower, Palmeri, Mayor Tower; 19 Noes (4) McHugh, Esslinger, Bain, King Council Member Palmeri stated that from the recent survey, citizens of the community were requesting that streets and sewers be priority. He stated that the funds for the docks would be better used if they were applied to repair things that needed to be repaired. Council Member King questioned if RDA funds could be used for the docks. Jackson Kinney, Director of Community Development, stated that RDAfunds could not be used and TIF would not be available due to the termination date in 2010. Council Member King questioned if there were donor TIF's available. Mr. Kinney stated that would be a decision to be made by Council. He stated it had been discussed regarding TIF #15 to support the riverwalk. Resolution 08-462 Adopt 2009 City Budget MOTION: ADOPT (Bain; second, Tower) MOTION: AMEND TO ADD A GRANT WRITER POSITION WITH A SALARY UP TO $50,000 (King; no second) LOST: LACK OF SECOND VOTE ON ORIGINAL MOTION CARRIED: Ayes (6) Tower, McHugh, Bain, King, Palmeri, Mayor Tower; Noes (1) Esslinger PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member King questioned the ramification of paying half of the $646,000 owed for the golf course and if that half payment would benefit citizens for tax dollars. Mr. Rohloff stated that the balance would need to be refinanced. Peggy Steeno, Finance Director, explained that the increase applied to the debt service tax rate would take the proposed tax rate from 8226 down to 8131 which was 9.5 cents per thousand. She stated that on a $100,000 it was an increase of $9.50. Mayor Tower stated that he would not support paying half of the amount due for the golf course. Council Member Tower questioned if the numbers included financing cost. He questioned the manager's thoughts regarding the 50% payoff. Mr. Rohloff stated that for 2009 it had been included. He stated that to reduce debt was the best way to make progress in the budget. Deputy Mayor Bain stated that he would support the payoff of the golf course. 20 Council Member King stated that the City Manager should have flexibility to change or add to the organizational chart. She stated that she requested to add three positions: one for a grant writer, one to work on the branding project and one to expand job descriptions and take more of a personal role with union negotiations. Mayor Tower stated that the City Manager had control over the organizational chart with the ability to make changes. Mr. Rohloff stated that he wanted to review his goals for 2009 and then look over the position options regarding the organizational chart. Council Member Esslinger stated that he would not support budget as there was no creativity and he had hoped there would be no tax increase. Council Member King stated that the pay off of 50% of the golf course was a way to show the citizens that the City understand the recession and would not raise taxes. Council Member McHugh stated that he was concerned about the operating budget due to the promotions and additional personnel with no prior discussion to the Council. He stated that the City needed to operate so he would support the budget. Council Member Palmeri also stated that he would support the budget due to the fact that the City needed to continue to operate. Resolution 08-463 Approve 2008 Tax Levy MOTION: ADOPT (Bain; second, Esslinger) CARRIED: Ayes (6) Tower, McHugh, Bain, King, Palmeri, Mayor Tower; Noes (1) Esslinger PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Resolution 08-464 Approve 2008 Tax Rates and Levy MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Tower, McHugh, Bain, King, Palmeri, Mayor Tower; Noes (1) Esslinger Resolution 08-465 Approve 2009 Capital Improvement Plan and Budget MOTION: ADOPT (Bain; second, Esslinger) MOTION: DELETE RIVERSIDE PARK-FLOATING DOCKS (Esslinger; second, Palmeri) CARRIED: Ayes (5) Tower, McHugh, Esslinger, Palmeri, Mayor Tower; Noes (2) Bain, King MOTION: AMEND TO ADD $1,000,000 TO PURCHASE RECYCLING BINS (King; second, Bain) CARRIED: Ayes (6) Tower, McHugh, Bain, King, Palmeri, Mayor Tower; 21 Noes (1) Esslinger Council Member Tower questioned the ramification of not single stream recycling. Mr. Rohloff stated that the County had prepared to move forward and they could not require the City to move forward; however, they could remove parts of the dual stream recycling. Council Member Tower stated that there was a lack of information regarding the bins, trucks and process for single stream recycling. Mr. Rohloff stated that the bins were approximately 4' x 2' x 2'. He explained that the time frame needed was to allow for the purchase of trucks so they were available at the time to streamline. Mr. Patek stated that the County had contact with surrounding areas to gather information regarding a mass purchase of trucks. Council Member Tower stated that he would like to educate the citizens regarding the recycling process. Mr. Patek stated that the specs were being worked on and the City would like to purchase the trucks for the 2008-2009 budgets. He explained that the first six months of the year was for purchasing and education. He stated that the automated trucks would not be purchased without the purchase of bins. Mr. Rohloff stated that the Council was authorizing the budget and not the purchase of bins. He stated that it was possible to have a bin at the State of the City for the citizens to view. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Council Member King stated that the workshops had been excellent and the staff had done a great job providing information. She suggested that the first bin be purchased by the City and any other bins purchased after that be paid by the resident. Deputy Mayor Bain questioned that the Council had approved the budget and if single stream recycling did not happen, then the City would have borrowed for nothing. Mr. Rohloff stated that the City would not borrow funds if the project did not happen. He stated that the borrowing would happen mid year in 2009. Council Member Tower stated he would not support the purchase of bins if the cost went on the tax roll due to some citizens would pay more than others for the bin. Council Member Palmeri questioned how the bins would be dispersed. He stated that he agreed to purchase the bins. 22 Mr. Patek stated that each dwelling would receive a bin. He explained that apartment units with five or more dwellings contract with companies for garbage and recycling. Mr. Rohloff stated that to procrastinate on single stream recycling would cost more in the future. Council Member Palmeri questioned the justification of citizens that did not have much recyclables to purchase the bin. Mr. Patek explained that the pick up would be every other week and that each dwelling would decide if they would put the bin out or wait for another two weeks. Council Member Palmeri questioned what happened if the bin were stolen or lost. Mr. Rohloff stated that stealing the bin would be difficult and a policy needed to be put in place regarding the purchase of bins after the first one. Council Member Esslinger stated his disappointment at lack of citizen input regarding the purchase of the bins. Council Member McHugh questioned what the cost was to administer single stream recycling. Mr. Patek explained the fee was $15 per ton to dispose of material. Council Member McHugh stated there were concerns regarding where to place the bins. He stated that the current ordinance stated garbage cans could not be place on the apron or driveway. He questioned what account the $256,000 went into that had been given to the City from the Waste Board. Mr. Patek stated that the funds had gone into the recycling account and it had been the second time the County had provided funds. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mrs. Steeno explained that there had been a surplus shown and it was used to reduce the levy. Council Member McHugh questioned what was to be recycled. Mr. Patek stated that current recycling procedures would be applied. MOTION: AMEND IMPROVEMENTS ON EAGLE STREET AT THE CURRENT WIDTH (Esslinger; second, McHugh) LOST: Ayes (3) Esslinger, Palmeri, Mayor Tower; Noes (4) Tower, McHugh, Bain, King VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Tower, McHugh, Bain, King, Palmeri, Mayor Tower; Noes (1) Esslinger 23 Eugene Winkler, 610 North Eagle Street, urged Council to vote in favor of the street staying the current width. He explained that the high school parking lot was not adequate parking for the students attending school or for the events that were held there. Council Member Esslinger stated that Eagle Street should remain at the current width. Deputy Mayor Bain questioned what the cost would be. Mr. Patek explained that the cost was $133,000 for the street to be 36 feet and to have the street remain the same width would be a 25% increase. Council Member McHugh questioned the estimated cost of the roundabout and when construction would begin. He questioned if it needed to be approved in the budget discussion or if it could wait. Mr. Patek stated that the estimated cost of the roundabout was $500,000 and construction would begin in 2011. He explained in the first year a consultant would be hired to design the plan, the following year work regarding the right of way would take place and construction would begin in 2011. Council Member McHugh questioned what determined the location of the roundabout. Chris Strong, Director of Transportation, stated that there was a study completed and in 2007 there had been ten accidents. He stated that the area was listed in the top three locations for safety hazard. Mr. Patek stated that it was important to understand all of the problems related to the intersection along with the number of accidents. Mr. Rohloff stated that the Council authorized expenses in 2008 budget to begin the design. He explained that the wheels had been put into motion and funds had been spent. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Mr. Patek stated that the consultant would begin before the end of 2008. Council Member McHugh questioned if the average annual purchase of vehicles was going to be $1.7 million. Mr. Patek explained that there was voting equipment and a telephone system in the budget. He stated that to operate efficiently equipment would be updated. Council Member McHugh questioned if there was a sprinkler system put in the land surrounding the bridge on Ohio Street. Mr. Patek stated there had been an irrigation system put in for the landscaping. 24 Council Member Esslinger questioned if the City Manager's office was going to move to the fourth floor. He stated that he would not support funding for the construction of the move and questioned if funds were in the CIP budget, if so he would like them removed. Mr. Rohloff stated that there were no funds in the budget in 2009 for construction and there had been no final decision made regarding the move. Council Member Palmeri stated that citizens wanted streets and sewers repaired and there was less than three miles of construction on streets. He stated that he would not support the CIP budget. Mr. Rohloff explained there were a total of 7.85 miles of streets to be repaired. Council Member Palmeri stated that there was 15 miles of streets that had been listed as critical. Mr. Patek stated that after the construction of the 7.85 was complete it would reduce the 15 miles by that much. Council Member Esslinger questioned the $790,000 for the seawall and if the construction of the seawall would continue without the docks. Mr. Kinney stated that the plan had been to begin construction on the seawall in 2009 and then the riverwalk in 2010. Council Member McHugh stated that he would not support the CIP budget as there were too many vehicles purchased. He stated that he would like to see more street construction completed. He explained that he would continue to request concrete paving over asphalt as it would last longer. He stated that he would continue to oppose the option that citizens chose what type of street to put in. Council Member Tower stated that there were more issues in the budget than the street improvements. He explained that to deal with infrastructure concerns would also help with the improvements throughout the community. PROCEEDINGS OF THE COMMON COUNCIL - NOVEMBER TS, 2OOH Deputy Mayor Bain stated that 70% of the budget regarded infrastructure. He stated that critical street numbers had been as high as 44 miles down to 15 miles in the last ten years. Resolution 08-466 Approve Amendment for Payment in Lieu of Taxes from Water Utility to City MOTION: ADOPT (Bain; second, Tower) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mayor Tower stated the Energy and Environmental workshop was delayed until January. 25 CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION MOTION: CONVENE INTO EXECUTIVE SESSION PURSUANT TO SECTION 19.85 (1) AND (E) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE FORAN ADDITION TO THE SOUTHWEST INDUSTRIAL PARK (Bain; second, Esslinger) CARRIED: Ayes (7) Tower, McHugh, Esslinger, Bain, King, Palmeri, Mayor Tower MOTION: ADJOURN (Bain; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 11:22 p.m. PAMELA R. UBRIG CITY CLERK 26