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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL `, CITY OF OSHKOSH, WISCONSIN OlHKOlH ON THE WATER REGULAR MEETING held Tuesday, March 10, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Tower presided. PRESENT: Council Members Dennis McHugh, Paul Esslinger, Bryan Bain, Jessica King, Tony Palmeri, Burk Tower 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 McHugh read the Invocation. The Pledge of Allegiance was led by Kaitlyn Reily and Laurin Christie from Smith Elementary; and, Jarmin Walter and Eric Morris from Jefferson Elementary School. A proclamation was presented by Mayor Tower declaring March as "Youth Art Month" in the City of Oshkosh. CONSENT AGENDA Approval of minutes from February 10t" and 24t", 2009 Council Meeting. Approval of Bills Presented by the Finance Director. Receipt and Filing of Library Minutes from February 26, 2009. Approval to Oshkosh Yacht Club /Utilize Menominee Park for the Xtreme "X" Boat Invite Regatta /July 13 -14, 2009. Approval to Oshkosh Police Department /Utilize South Park for Oshkosh National Night Out / August 4, 2009. Approval to Oshkosh Ambassadors /Utilize Reetz Diamonds in Menominee Park for Senior Softball Tournament /August 27 - 30, 2009. Resolution 09-64 Approve Addendum to Agreement for Wastewater Treatment between the City of Oshkosh and Black Wolf Sanitary District No. 1 1 Resolution 09-65 Award Bid for Public Works Contract No. 09-03 to PTS Contractors, Inc., for USH 41 Corridor Utilities South of Lake Butte Des Morts ($1,874,429.60) PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2OO9 Resolution 09-66 Award Bid for Public Works Contract No. 09-05 to Four Way Construction of WI, Inc., for USH 41 Corridor Utilities North of Lake Butte Des Morts ($904,279.50) Resolution 09-67 Approval of Initial Resolution for Special Assessments -Paving Sidewalk, Driveway and Utilities /Local Concrete Paving Program Resolution 09-68 Approve Land Donation from Oshkosh Community Credit Union, Portion of 250 Pearl Avenue to Provide Continued Access to the Rear of Properties Fronting on High Avenue Through the High Avenue Parking Lot (Plan Commission Recommends Approval) Resolution 09-69 Approve Amendment to Previously Approved Conditional Use Permit to Allow Year Round Use of a RV Park and Camp Store at 3911 South Washburn Street (Plan Commission Recommends Approval) Resolution 09-70 Approve Conditional Use Permit and Planned Development on the West Side of South Main Street between West 10th Avenue and West 15th Avenue (Plan Commission Recommends Approval) Resolution 09-71 Approve Conditional Use Permit for Construction of Elementary School on Ryf Road for the Oshkosh Area School District (Plan Commission Recommends Approval) Resolution 09-72 Disallow Claim by Frank and Tanya Gotschika (snowplow truck allegedly threw an ice chunk and damaged vehicle) Resolution 09-73 Approval of Special Class B License, Operator's Licenses and Taxicab Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 09-71 (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower Resolution 09-71 Approve Conditional Use Permit for Construction of Elementary School on Ryf Road for the Oshkosh Area School District (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (4) Bain, King, Tower, Mayor Tower; Noes (3) McHugh, Esslinger, Palmeri 2 Council Member McHugh explained that as Council members there was a rule that they were not to be involved in politicking and felt that approving the resolution would give the impression to voters that the Council was in favor of the referendum. He stated that he would not support the resolution. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 Council Member Palmeri questioned why the vote for the conditional use permit was prior to the referendum vote. Mr. Rohloff stated that School Superintendant Lang had concerns that there would be questions why there was not approval for the land use. He explained that it was a land use issue and Council was not endorsing anything. He stated the City was consistent with other land use plans. Council Palmeri questioned what questions could be asked of the architects that were attending the meeting. Ms. Lorenson explained that there was a list of six standards for the CUP in Mr. Kinney's memo. Council Member Palmeri stated that questions pertaining to the six standards could be asked of the architects. Ms. Lorenson stated that was correct, that reviewing those standards was related to the resolution. Council Member Palmeri questioned how the architects would know that there would be no impact to the occupants of that area without completing a traffic study. He questioned if there had been a traffic analysis completed. Mr. Rohloff stated that there had not been an analysis of traffic completed. He explained that once the traffic analysis was complete and there were issues of concern, the City had the right to go back to the applicant and have them take mitigating measures to handle the issues. Council Member Palmeri stated that it would make more sense to do the study prior to approval of the conditional use permit. Mr. Rohloff explained that this process was consistent with other projects throughout the City. He stated that the City's comprehensive plan had anticipated that in the future a school would be built there. Mr. Bray, Bray Associates, stated that they had done a review of the property and had the right-of-way set further back than the current location, which would help avoid complications should they arise. Council Member Palmeri questioned if the majority of students would be transported and if there would be any children that walked to school. 3 Laura Jackson, Principal of Oaklawn Elementary, stated that the students would be transported as there were no sidewalks. Council Member Palmeri questioned if there would be sidewalks when the school was in session. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 Ms. Jackson stated that she had not reviewed the City plans for sidewalk completion in that area. Council Member Palmeri questioned if Ms. Jackson agreed there was a safety concern without sidewalks. Ms. Jackson stated that there would be a concern if there were students walking. She explained that the issue was being addressed through bussing the students and having no walkers. Council Member McHugh questioned what attention the Council should give to the paragraph below the sixth condition. Ms. Lorenson explained that the memo before Council listed the terms for the conditional permit and it was Council's decision to approve or not. She stated that the relevant standards were the six items above that paragraph. Council Member McHugh questioned how Council was to know what the standards of review were. Ms. Lorenson stated that it was the six items above the paragraph in question. Council Member Esslinger explained that Council was to review the six standards and not allow issues to determine to the vote. He stated that it had been questioned if this resolution did not pass there would be no referendum. He stated that this was not true there will be a referendum. He questioned if the fact that there was no traffic analysis done if that would be suitable for a no vote. Darryn Burich, Director of Planning, stated that the internal review team had worked with the school district, regarding traffic issues. He stated that if everything went through and the traffic analysis was completed and there a significant change was needed, there would be an amendment made. Council Member Esslinger stated that the traffic analysis should be completed prior to the election on April 7t" so that voters had all information available. He stated that votes could change if it was known that there may be mitigation with traffic issues. Mr. Burich stated that from a conditional use permit standpoint they meet the standards of issues for the proposal. He stated that the initial review showed that there would be no negative impact in that area. He stated that a traffic analysis would be completed prior to 4 moving forward with any construction. Council Member Palmeri stated that the last year had been spent dealing with deer herd concerns. He stated that in a letter he had received from Brian Woodbarry of the DNR it was stated that there were concerns in the area of the new school becoming a problem with deer herd control. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 Ms. Lorenson stated that the question was too vague. Council Member Palmeri explained that it was a question of concern for safety regarding deer/car crashes due to the traffic increase in that area. Ms. Lorenson stated that deer herd control was a speculation, there needed to be more firm information. Council Member Palmeri explained that the Council had spent months with concerns regarding sharp shooters and now the DNR had a letter stating that Ryf Road was a place where the City was going to have issues with deer herds. He explained that the past months the Council had heard how deer/car crashes were a concern with the herd population growing. He questioned if the statement regarding safety concerns with crashes was not true. Mr. Rohloff stated that the resolution was to be reviewed from a land use standpoint. He stated that this was consistent with other proposals. He explained that the City had an obligation to review applicants request for land use. He stated that the issues were irrelevant to land use. Council Member Palmeri explained that the criteria stated that there would be no negative effect on health, safety and general welfare of the occupants surrounding the land. Mr. Rohloff explained that a request such as that would be unprecedented. He stated that an applicant could argue that it would be a burden on them and it would be the City's responsibility to handle the issue of deer. He stated that it was the City's responsibility to see that the health land safety was met from a land use standpoint. Mr. Burich explained that the proposal was reviewed the City departments felt that the roads would handle the traffic and that there were no concerns. He stated that the condition regarding the traffic analysis was implemented in case there were minor site plan changes. Council Member Esslinger stated that to have the resolution prior to the election was cheating the Council and the voters. He stated that he would not support the resolution due to his concerns with traffic issues. Council Member McHugh stated that he would not support the resolution. He stated that he had not heard supporting reasons to why the vote needed to be done prior to Election Day. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS 5 Ordinance 09-74 Approve Rezoning the West Side of South Main Street between West 10th Avenue and West 15th Avenue, from M-2 to C-3 PD (Plan Commission Recommends Approval) MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 Ordinance 09-75 Approval of Parking Regulation Changes on Court Street, Otter Avenue, Washington Avenue and Waugoo Avenue MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower ADDITIONAL ACTION ITEMS Process for the Performance Evaluation for City Manager Deputy Mayor Bain stated that he had outlined the process for the closed discussion. He explained that at the previous closed session additional information was needed and to obtain that it needed to be brought before Council. He stated that information had been provided to him from the Assistant City Manager as a basis for criteria for the evaluation. He stated that the City Manager would complete a self evaluation as well as the supervisors and that information would be brought to the closed session, then the Council would do their evaluation and then have a closed session with Mr. Rohloff to share the information. Council Member Palmeri questioned if all the information Council would compile would be discussed in closed session. Deputy Mayor Bain stated that would be correct. Council Member Palmeri stated that he was confused with specific and measurable goals. He stated that it had been determined that organizational goals were to be discussed in open meetings. Deputy Mayor Bain stated that if organizational goals became a topic of discussion it would be determined at that time on how to precede. He stated that goals related to the performance of the City Manager would be discussed in closed session. Council Member Palmeri stated that one of the goals on the list was educating the public regarding tax incremental financing. He questioned if this was considered a personal or organizational goal. Deputy Mayor Bain explained that it may be hard to determine at the beginning of a discussion 6 and Council may have to seek guidance. He stated that the Council had tried to be as transparent as possible. He explained that if in the closed session it was determined that goals discussed were organizational and not personal the discussion would stop. Council Member Esslinger questioned if the evaluation should be conducted after the April election as there would be new Council Members. Deputy Mayor Bain explained that the issue was a concern each year. He stated that he was hopeful the new Deputy Mayor would create a process to avoid election conflict. He stated that at the time of hire for the City Manager, Council stated that a six month review would be completed and that was the duty of the Council that had done the hiring. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 Council Member King stated that the current Council had an obligation to honor the City Manager's contract and perform the evaluation. She explained that if not completed it could be a breech of contract. Council Member Tower stated that he agreed the evaluation needed to be completed and not to wait until after the election as it was the responsibility of the Council that hired the City Manager. Mayor Tower stated that he thought it was valid to use the information provided from the Assistant City Manager to follow for conducting the evaluation. Deputy Mayor Bain explained that he would send out a memo to Council Members and the City Manager with an appraisal attached and would work with staff to make sure notices would be posted. Council Member Tower suggested the closed meetings on another night other than Council meeting to complete the evaluation. Council Member Palmeri questioned the form regarding the goals that was for public viewing. Mayor Tower stated that the forms were available on the website and there would be forms available at the State of the City. He questioned if there needed to be a formal vote or direction from Council to proceed with the evaluation. Ms. Lorenson stated that direction from Council was appropriate. The direction of Council was to proceed with the process to evaluate the City Manager. CITIZEN STATEMENTS Amy Haberkorn, 4711 Indian Bend Road, urged Council to cancel the contract with the sharpshooters. She stated that the sharpshooters had instructed the Parks Department to provide lethal amounts of food to the deer. She explained that over feeding increased the possibility of chronic waste disease. She stated that there was a permit signed by the Chief 7 and the DNR stating the limit on feed was no more than two gallons per 40 acres. She stated that the deer had been fed 50 pounds of corn in four or five different piles every other day. She stated that there had been a third culling and there was no notification publically or to the residents in that area. She stated that she had email the Chief with concern of safety and he had responded that at no time was anyone in danger. She stated that he then replied that the sharpshooter was not armed; however, that was not mentioned in the memo to the City Manager announcing the number of deer the sharpshooters tracked. Doris Dehn, 1241 W. 9t" Avenue, urged Council to cancel the contract and end the culling. She stated that there would be an investigation regarding the overfeeding of the deer. She stated that the City should put up deer crossing signs. She stated that there were deer on Ryf Road and to take that into consideration when deciding to build a school there. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2OO9 John Matschi, 1002 S. Sawyer Street, quoted the Chief of Police saying that there would not be a third culling; however, there had been one. He stated that he did not want people in his back yard with firearms wondering around. Mary Jane Drexler, 1525 Maricopa Drive, urged the City to reconsider the Golf Course for the storm sewer management. She stated that the City needed to pay restitution if they violated the covenants. She questioned why the City would allow for a new subdivision in an area that had flood problems. She stated that if the City would pay her two times the assessed value of her home she would sell it to them. She stated the residents paid prime dollars for the land and with the retention pond it would decrease the value of their land. Lois Luebke, 619 Division Street, stated her concerns regarding the culling of the deer. She urged Council to consider large plastic bags prior to the purchase of recycling bins. She questioned if Council approved the wage increase for the Assistant City Manager and stated her concerns with such a wage increase due to the economy. Steve Barney, 1335 Summit Avenue, urged Council to implement greenhouse gas emissions as a goal for the City Manager. He explained there was a goal for city facilities regarding greenhouse gas; however, he would urge the City Manager to oversee the community's greenhouse gas emissions. He stated that the data compiled and entered into the ICLEI software would create sustainability benefits. Linda Grant, 1405 Cambridge Avenue, urged the Council to continue the culling. She stated that there was a potential concern with the deer attacking humans. Patricia Definer, 318 Church Avenue, stated that she was concerned with citizens standing in the streets during the culling. COUNCIL MEMBER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Council Member McHugh stated that he was concerned with the process of snow removal from the City streets. He stated that it had become increasingly worse throughout the last few 8 years. Mayor Tower announced the Energy and Environmental Sustainability workshop would follow the meeting. He stated that there were no workshops scheduled for the next two meeting. CITY MANAGER ANNOUNCEMENTS, STATEMENTS AND DISCUSSION Mr. Rohloff stated that Strand Associates had won the bid and would begin work on the Perry Tipler pond. He stated that the Grand Opera House would be completed at the end of March. He explained that he had approved an additional extension to the Fox River Development Group. He stated that at the next Council meeting there would be a resolution for Council discussion regarding another extension for the project. PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -MARCH 1O, 2009 MOTION: TO CONVENE INTO CLOSED SESSION FOLLOWING THE ADJOURNMENT OF THIS MEETING AND THE WORKSHOP MEETING FOR THE PURPOSE OF DELIBERATING PENDING OFFERS AND/OR NEGOTIATING THE PURCHASE OF PUBLIC PROPERTY FOR THE JACKSON STREET / MURDOCKAVENUE INTERSECTION IMPROVEMENT PROJECT PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE AND BARGAINING REASONS REQUIRE A CLOSED SESSION. (Bain; second, Esslinger) CARRIED: Ayes (7) McHugh, Esslinger, Bain, King, Palmeri, Tower, Mayor Tower MOTION: ADJOURN (Esslinger; second, McHugh) CARRIED: VOICE VOTE The meeting adjourned at 7:28 p.m. PAMELA R. UBRIG CITY CLERK 9