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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN REGULAR MEETING held Tuesday, May 26, 2009 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Esslinger presided. PRESENT: Council Members Burk Tower, Dennis McHugh, Tony Palmeri, Jessica King, Bob Poeschl and Mayor Esslinger 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 students Dinda Lehrmann and Ethan Benicke from Washington Elementary School; and, Cora Strand and Katharine Tippins from ALPS Charter School. A proclamation was presented by Mayor Esslinger declaring May 26, 2009 as “Katie Sell Day” in the City of Oshkosh. PA: RESENTATION OF WARDS On behalf of the Landmarks Commission, Todd Clark and Shirley Mattox presented four Acanthus Awards. He stated that the first three were similar by having the same architect, William Waters, and the last one was unique. He stated that the first award was presented to the First Congregational Church for the work done to the tower and roof; the second award was presented to Jim Evans and Gail Panske for the restoration of their carriage house on Fulton Avenue; the third award was presented to Bill and Beth Wyman for the restoration of The Waters, a classical Greek building. He stated that the fourth award was accepted by John Fitzpatrick and presented to all residents in the community. He explained that the award was for facilitating and supporting the filming of “Public Enemies”. PH UBLIC EARINGS Resolution 09-182 Approval of Final Resolution Vacating Portion of Nebraska Street Right- th of-Way at the Nebraska Street and West 5 Avenue Intersection There were no appearances and the Public Hearing was CLOSED. MOTION: ADOPT (King; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger 1 PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 09-183 Approval of Final Resolution for Special Assessments / Concrete Paving, Sanitary Sewer Laterals (Relay), Storm Sewer Laterals, Sidewalk Repair and Concrete Driveway Approach (East New York Avenue, Jefferson Street, Mount Vernon Street, Eastman Street, Grand Street and Broad Street) There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (King; second, Tower) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Robert Reimers, 106 East New York Avenue, questioned the reason that the even addresses were being assessed when all residents would be using the sewer lines. Dave Schrubbe, 312 East New York Avenue, stated that he was concerned with how the City prioritizes street construction. He stated that the surrounding streets needed repairs worse than New York Avenue. He urged the City to refocus efforts when repaving. Council Member McHugh questioned if the statement that the entire street was being redone and billing went to half of the residents was true. Mr. Patek stated that the information was incorrect. He stated that only half of the report was mailed to residents and the other half had the other residents listed. He explained the cause for reconstruction was the need for new sewer and water main. He stated that the connecting streets would be coming before Council at a later date. Council Member McHugh questioned if East New York Avenue was receiving a larger pipe. Mr. Patek stated that there was a larger pipe. Council Member McHugh questioned if there was a benefit to the larger pipe for the entire East side of town. Mr. Patek explained that this resolution was not pertaining to the area the previous gentleman had spoke on. He explained that this resolution was for the area between the railroad and Jefferson Street. Council Member McHugh questioned if it was not part of the project why was the street tore up. Mr. Patek stated that although they were not receiving sanitary sewer interceptor of equal size the other side was, they were receiving sewer replacement. Mr. Rohloff stated that it was a local sewer. Council Member McHugh questioned the difference. 2 Mr. Rohloff explained that it was a benefit to the immediate property owners and no benefit to residents in the area. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Council Member McHugh questioned if the residents tying into the interceptor were billed. Mr. Patek explained they would not be charged. He stated that residents were charged for concrete paving, apron, sidewalk repair, storm sewer lateral and sanitary lateral. Council Member McHugh stated that the road was in good condition. Mr. Patek stated that according to the PASER (pavement surface evaluation and rating) system the road was rated a five or less. He stated that the road needed repair along with utility work. Council Member McHugh questioned if water and sewer lateral were always replaced and what the depth was for the laterals. Mr. Patek stated that yes they were always replaced. He stated that the interceptor on Jefferson Street was 10-12 feet deep. He explained the laterals were replaced because they were 100 years old. Council Member McHugh questioned if the roads would have been fixed regardless of sewer work. Mr. Patek stated that eventually the work would have been completed. He explained that public works coordinated road work and utility work to be completed at the same time. Council Member McHugh stated that his impression was the road work was being completed due to the system being replaced. Mr. Patek stated that there were multiple reasons for the road work. He stated that the water main and sanitary sewer were old and the storm sewer needed to be connected to the detention base. Council Member McHugh questioned if the road paving would have been completed even without having to replace sewer work. Mr. Patek stated that was correct. Resolution 09-184 Approval of Final Resolution for Special Assessments / Sanitary Sewer th and Water Main / 9 Avenue There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (King; second, Poeschl) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger 3 Dawn Swartz, 915 Linden Oaks Drive, stated that she would not be connected to the lateral as she was previously connected to one on Linden Oaks Drive. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Patek explained that the property had a frontage of 208 feet and the original assessment for Linden Oaks Drive was credited 120 feet. He stated that the parcel was large enough to be divided for another home to be built on the back side therefore for the future it was a benefit to the property. Ms. Swartz questioned what if the land was never divided there was no benefit to her. She stated that the assessment should be paid at the time the house was constructed. Mr. Patek stated that the point was it was beneficial to the parcel. He stated that it was equal to how a vacant parcel would be assessed. Mayor Esslinger stated that funds needed to be procured for construction at the time the project was being developed. Ms. Swartz questioned the 8% interest. Mayor Esslinger stated that it was the City’s policy. He stated that a better rate would be possible elsewhere. Ms. Swartz stated that there was suppose to be a 10 day notice and she received a three day notice. st Mr. Patek stated that his office had spoke with Ms. Swartz on the 21 and packets had been th mailed on the 16. th Ms. Ubrig stated that the packets had been mailed on the 15 of May. Council Member Tower stated that an advanced notice would be helpful. Mr. Patek stated that with regular paving projects letters were sent out one month prior, based on the direction of Council for the last 10 years. He stated that this project was different due to the petition and State law required a 10 day notice. Council Member King questioned at what point interest rates started accrual. Ms. Ubrig stated that interest rates started at the time of certification from Engineering. Council Member King suggested changing the policy to prime plus two. She questioned if special assessments could be back dated since April or May. 4 Mr. Rohloff stated that the Council could amend the policy. He stated that the purpose for the higher rate was to encourage residents to receive lending elsewhere as it was not the intent of the City to lend money. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY th Resolution 09-185 Approval of Final Resolution for Special Assessments / Water Main / 20 Avenue There were no other appearances and the Public Hearing was CLOSED. MOTION: ADOPT (Poeschl; second, Tower) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Lois Luebke, 619 Division Street, suggested to Council to urge citizens to speak into the microphone so the audience as well as other viewers could hear. CA ONSENT GENDA Approval of Minutes from April 28, 2009 Council Meeting. Approval of Bills presented by the Finance Director. Approval of Cash Report from April 2009. Receipt and Filing of Museum Board Minutes from April 2, 2009. Approval to TFM Promotions / Utilized Rainbow Park for their Midwest Walleye Tournament / August 8 and 9, 2009. Approval to the Seventh Day Adventists / Utilize Menominee Park and city streets for their Pathfinder Parade / August 15, 2009. Approval to the residents of Covington Drive for a Block Party / August 29, 2009. Approval to Jefferson Elementary School to Close Minnesota Street for the Bike Rodeo and Safety Fair / June 4, 2009. Approval to 99.5 The Wolf / Utilize Menominee Park for their Walk for Hunger / August 15, 2009. Approval to the Fourth of July Parade Committee / Utilize Menominee Park and city streets for the Fourth of July Parade / July 4, 2009. 5 Approval to the Badger State Outboard Association / Utilize Menominee Park for their Annual Boat Races / September 5 and 6, 2009. Receipt of Claim filed with the City’s Insurance Company / John Bangs (alleges rough road on Poberezny Road damaged vehicle tire) th Resolution 09-186 Approval of Disposition of Vacated Nebraska Street / West 5Avenue Right-of-Way to Riverfront Development LLC (Plan Commission recommends approval) PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 09-187 Approval of Expansion of Existing UW-Oshkosh Sports Complex Planned Development to Construct Additional Parking Lots, Construct a Softball Stadium and Additional Signage / 450 Josslyn Street (Plan Commission recommends approval w/conditions) Resolution 09-188 Approval of Extraterritorial Conditional Use Permit for a Skilled Nursing Facility, West of and Adjacent to 3063 Witzel Avenue, Town of Algoma (Extraterritorial Zoning Committee recommends approval w/conditions) Resolution 09-189 Approval of Change Order No. 1 for Public Works Contract No. 09-05 with Four-Way Construction of WI, Inc, for Highway 41 Area Utility Relocations (+$62,108) Resolution 09-190 Award Bid to Bruce Municipal Equipment, Inc. for One 3-Wheel Mechanical Street Sweeper for Street Division ($147,750) th Resolution 09-191 Approve Initial Resolution Cold-Mix Asphalt Paving (Minnesota Street, 7 th Avenue, 18 Avenue, Ontario Street, Sweet Street and Shorelane Street) Resolution 09-192 Disallow Claim by Mark Hoegh (alleged property damage as a result of a power surge to his house while the City was conducting a routine procedure to thaw his water line) Resolution 09-193 Approval of Appointments (Transit Advisory Board, Parking Utility Commission, Equal Opportunity in Housing, Housing Authority, Plan Commission, Grand Opera House Advisory Board, Landmarks Commission, Traffic Review Advisory Board, Parks Advisory Board, Board of Appeals, Library Board, Committee on Aging, Police and Fire Commission, Board of Health, BID Board, Redevelopment Authority, Storm Water Utility, Sustainability Advisory Board and Museum Board) Resolution 09-194 Approval of Annual City Licenses (see addendum) Resolution 09-195 Approval of Class “B” Fermented Malt and Special Class “B” Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING ITEM NUMBER FOURTEEN (APPROVAL TO THE FOURTH OF JULY PARADE COMMITTEE / 6 UTILIZE MENOMINEE PARK AND CITY STREETS FOR THE FOURTH OF JULY PARADE / JULY 4, 2009); RESOLUTIONS 09-187, 09-193, 09- 194 AND 09-195 (McHugh; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Approval to the Fourth of July Parade Committee / Utilize Menominee Park and city streets for the Fourth of July Parade / July 4, 2009. MOTION: ADOPT (McHugh; second, Poeschl) CARRIED: Ayes (5) Tower, McHugh, Palmeri, King, Poeschl; Present (1) Mayor Esslinger PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Mayor Esslinger stated that he would vote present due to a business relationship. Resolution 09-187 Approval of Expansion of Existing UW-Oshkosh Sports Complex Planned Development to Construct Additional Parking Lots, Construct a Softball Stadium and Additional Signage / 450 Josslyn Street (Plan Commission recommends approval w/conditions) MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Mayor Esslinger questioned the relationship between the neighbors and UWO. Tom Sonnleitner, Vice Chancellor for Administrative Services of UWO stated that there had been meetings in 2006, 2007, 2008 and one scheduled for June 24, 2009 with neighbors. He explained that at the meetings various issues were discussed and that issues had been corrected. He stated that the complex was a community facility and not used by UWO only. He explained there had been problems with planting trees for a buffer. He stated that they would continue to work on what trees would grow best and plant them. Deputy Mayor Palmeri stated that neighbors described UWO as having attitude and they did not need to comply with City codes. Mr. Sonnleitner stated that UWO did not have a negative attitude. He explained that the University was not subject to the noise ordinance; however, they were subject to zoning ordinances. He stated that the approach UWO took to the ordinances was that they were subject to all. He explained that there were at times games that were longer than usual; however, they leave the facility as quickly as possible. Deputy Mayor Palmeri questioned if there would be regular meetings held between UWO and the neighbors of the complex. Mr. Sonnleitner stated that there would be annual meetings held and if needed more would be scheduled. Council Member King questioned if the failure of the trees for buffering was on the north side 7 and if there was a timeline as to when planting would take place. Mr. Sonnleitner stated that they tried planting trees two previous times and that they would continue to try to plant. He explained that the problem was trying to find the correct tree for that use. Council Member King questioned if there had been failing trees on Josslyn Street. Mr. Sonnleitner stated that there had been shrubs removed and would be replaced in fall. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 09-193 Approval of Appointments (Transit Advisory Board, Parking Utility Commission, Equal Opportunity in Housing, Housing Authority, Plan Commission, Grand Opera House Advisory Board, Landmarks Commission, Traffic Review Advisory Board, Parks Advisory Board, Board of Appeals, Library Board, Committee on Aging, Police and Fire Commission, Board of Health, BID Board, Redevelopment Authority, Storm Water Utility, Sustainability Advisory Board and Museum Board) MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (5) Tower, McHugh, Palmeri, Poeschl, Mayor Esslinger; Noes (1) King Council Member Tower stated that he was disappointed in the process. He explained that Council had an obligation to model leadership and to make sure decisions were not arbitrary. He stated that power needed to be used with care and urged Council to approach those situations differently in the future. He felt a “thank you” was owed to those that served and that announcements should have been made explaining reasons for the changes. He stated that he had concerns for the applications received and qualifications regarding the appointment to the Planning Commission. Council Member McHugh stated that it was healthy to change committee members as it allowed for fresh ideas. Council Member King stated citizens had been recognized for volunteering and honored for many years of service. She stated that Council needed to discuss a policy regarding term limits and that rotation needed to be done equally among all boards and committees. Council Member Tower explained that to be transparent, rotation needed to be applied to all boards and commissions. Deputy Mayor Palmeri stated that the Mayor had met the burden of responsibility of appointments. He stated that Council Members that did not approve of appointments needed to state why and vote “no”. He stated that there was nothing inappropriate or improper with the 8 process. He explained that the City codes were clear that the Mayor was charged with making appointments. He stated that no one had been removed from the boards or committees, they were not re-appointed. Mayor Esslinger stated that there were 45 seats for boards/commissions and 35 were re- appointed, others went from alternate positions to full time, some chose not to continue and two were replaced. He stated that during his campaign he announced that there needed to be change and he was following through with his platform. He stated that he was not politically motivated as he removed himself from the Plan Commission and did not choose his friend. He explained that if no one new was appointed then no one would apply. He stated that he respected all citizens that served. He stated that he had requested Shirley Mattox to be full time rather than an alternate on the Landmark Commission. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 09-194 Approval of Annual City Licenses MOTION: ADOPT (Poeschl; second, Palmeri) MOTION: DIVIDE INTO 3 PARTS: PART A BEING EVERYTHING EXCEPT ALL BLUE MOOSE LICENSES, PEABODY’S, THE GRANARY AND HOWARD JOHNSONS; PART B BEING ALL BLUE MOOSE LICENSES AND PEABODY’S; AND, PART C BEING THE GRANARY AND HOWARD JOHNSONS (Tower; second, King) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Resolution 09-194A Approval of Annual City Licenses MOTION: ADOPT (Tower; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Resolution 09-194B Approval of all Blue Moose Licenses and Peabody’s MOTION: ADOPT (Tower; second, McHugh) CARRIED: Ayes (5) McHugh, Palmeri, King, Poeschl, Mayor Esslinger; Present (1) Tower Council Member Tower stated that he would vote present due to his relationships with the facilities. Resolution 09-194C Approval of Granary and Howard Johnson Licenses MOTION: LAYOVER UNTIL JUNE 9, 2009 (Palmeri; second, King) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger 9 Mayor Esslinger stated that these licenses had gone one year without operation. He explained th that applicants would be invited to attend the June 9 meeting to give a presentation on their status regarding the licenses. Resolution 09-195 Approval of Class “B” Fermented Malt and Special Class “B” Licenses MOTION: ADOPT (McHugh; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Essllinger PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY ATOR CTION AKEN ON RDINANCES AND ESOLUTIONS Ordinance 09-196 Approval of Zone Change from M-2 Central Industrial to C-3 Central Commercial with a Downtown Overlay / Generally located south of Waugoo Avenue, north of Ceape Avenue, west of Court Street and east of State Street (Plan Commission recommends approval) MOTION: ADOPT (Tower; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Ordinance 09-197 Approval of Zone Change from R-1 Single Family and R-5 Multiple Dwelling to R-5 Multiple Dwelling with a Planned Development Overlay / 450 Josslyn Street (Plan Commission recommends approval) MOTION: ADOPT (McHugh; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Ordinance 09-198 Approval of Various Amendments to Section 30-36 Off-Street Parking and Loading Facilities of Chapter 30 Zoning Ordinance (Plan Commission recommends approval) MOTION: ADOPT (Palmeri; second, McHugh) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Ordinance 09-199 Approve Clark / Hill Farm Attachment, Corner of STH 91 and Clairville Road, Town of Algoma MOTION: ADOPT (Palmeri; second, Poeschl) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger 10 Resolution 09-200 Approval of Final Resolution for Special Assessments / Asphalt Paving, Sanitary Sewer Laterals, Sidewalk Repair and Concrete Driveway Approach (East New York Avenue, Powers Street, Monroe Street, Broad Street) MOTION: ADOPT (Poeschl; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Resolution 09-201 Approval of Final Resolution for Special Assessments / Concrete Paving, Sanitary Sewer Laterals (Relay) Sidewalk Repair and Concrete Driveway Approach (East New York Avenue, Oak Street, Grove Street, Evans Street, Bowen Street) MOTION: ADOPT (Palmeri; second, Poeschl) MOTION: AMEND TO HAVE WASTEWATER UTILITY TO PAY COSTS OF ASSESSMENTS FOR RESTORATION OF CONCRETE PAVING (McHugh; second, Poeschl) CARRIED: Ayes (5) McHugh, Palmeri, King, Poeschl, Mayor Esslinger; Noes (1) Tower VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Bill Sitter, 1114 East New York Avenue, stated that there were 18 homes affected by the charges and would not be connected to the interceptor. He explained that residents were being charged because the City needed to break the lateral to replace the interceptor and that the work did not benefit the property owners. He urged Council to approve to have utilities pay for the cost. Council Member McHugh questioned the side of the road being redone. Mr. Sitter stated that it was the north side of the street. He explained that the interceptor was 20-25 feet deep and residents were charged for the lateral because it had to be broke to get the sewer in place. He stated that if the lateral was old and in bad condition all of it would have been replaced. 11 Council Member McHugh questioned if the work would not be completed if it were not for this project. Mr. Patek explained that Public Works would have patched the trench rather than repave. Council Member McHugh stated that the interceptor would benefit the east side. He stated that the project was needed and the cost should be covered by the utilities. Mr. Sitter explained that 9 or 10 of the 18 homes were retired residents. He stated that the condition of the road was rated a four. Tom Rehm, 1205 Hazel Street, stated that he was connected to the sewer on Hazel Street and would not be connected to the new one. He questioned the charge for the sidewalk. He stated that he had one block that needed to be replaced and the charge listed was for $450.00. Mr. Patek explained that the estimate was high and that the cost would not be higher than what was presented. He explained that charges would apply to only work that was completed. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rehm questioned why residents were charged when they were not going to be connected. He questioned why residents did not receive a letter prior to the meeting regarding the issues. Mr. Rohloff apologized for the miscommunication regarding the letter. Council Member King questioned how often these types of projects were completed. Mr. Patek stated that the last one was completed in 1986. Council Member King questioned if there was anticipation of more projects due to the flooding situation. Mr. Patek explained that the sanitary sewer needed to be upgraded. He explained that there would be future expansion up to Bowen Street with the main sewer then the side connections would be completed. Council Member McHugh urged Council to approve the option where the residents would not pay for construction of the street. He stated that Council needed to make changes to the policy. Mr. Rohloff stated that Public Works had used the 1986 project as a model. He stated that the sewer would be paid for entirely from sewer utilities. He explained that the work could have been patched rather than repaved. He stated that paying for 50% made sense since there was a benefit being received. Mr. Sitter questioned if Washington Avenue had been concrete or if it was black top and then redone to concrete. 12 Mr. Patek stated that the project in 1986 had been completed prior to his start date of employment. He explained that the property owners would not want patch work as patching was not the best way. Mr. Sitter stated that if Washington Avenue had been in poor condition it would be deceiving to compare it to New York Avenue since New York Avenue was in good condition and had little traffic in that area. Patty Creeley, 1114 East New York Avenue, stated she did not understand why only half of the street was repaired if the street was rated in poor condition. Mr. Steve Gohde, Assistant Director of Engineering, stated that owners had received a 50% credit for construction. He stated that if the plumbing was code compliant there would be no assessment. He explained that the charges applied to the old lateral and the widening of the apron. Deputy Mayor Palmeri stated that he would support the utility to pay the cost of the street restoration. Mayor Esslinger commended citizens for coming forward regarding the issue. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Patek stated that the City would patch trenches in the future when replacing sewers. Council Member McHugh explained that Council had not requested patch work be completed for future. He stated that the work should be done correctly the first time. Mr. Rohloff stated that the Council needed to adjust the policy so decisions would be consistent in the future. Resolution 09-202 Approval of Conditional Use Permit for a Mixed Commercial / Residential Structure and Approval of Site Plans and Elevations for Planned Developments Including a 60 Unit Senior Living Apartment Building, a 14,000 square foot Commercial Structure, and 15,000 square foot Mixed Use Commercial / Residential Structure (Redevelopment Authority approves; Plan Commission recommends approval) MOTION: ADOPT (Poeschl; second, King) CARRIED: Ayes (4) Tower, Palmeri, King, Mayor Esslinger; Noes (2) McHugh, Poeschl Dick O’Day, 715 Hazel Street, questioned if the resolution obligated the City to move forward with the project. Mayor Esslinger requested Attorney Lorenson to clarify what the intent of the vote was. John Doemel, owner of Glass Nickel Pizza Company, stated that he was a proud citizen of 13 Oshkosh. He stated that he appreciated the opportunity to establish a full dining room and bar. He explained that he believed in giving back to the community and had donated to over 200 charities. He stated that he currently employed 25 people and would add 15 positions in the new restaurant. Ms. Lorenson stated that the resolution pertained to the land use issues and zoning. Mayor Esslinger explained that Dumke’s had received tax credits and were selling credits. He stated that if the resolution was voted down there would be potential for legal issues. Ms. Lorenson stated that was correct. She explained that Dumke’s had taken action in reliance on Council’s action and there would be liability based on expenses accrued. Council Member McHugh questioned how legal actions could be taken regarding the agreement. Ms. Lorenson stated that actions would be taken based on Council’s action at a previous meeting. Council Member McHugh questioned why Council needed to vote on the resolution if they were locked into it. He stated that Council was aware at the time they voted that it would be a locked deal. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Ms. Lorenson explained that Council was not voting on the agreement. She stated that the vote was the next step in the process and it was pertaining to zoning and land use. Council Member McHugh questioned the legal issues since Council was not bound by any agreement. Ms. Lorenson explained legal issues would be from changing the development agreement and not following through with the process. She stated that the focus was to be on land issues and zoning. Council Member McHugh questioned specific buildings, businesses and the over all plan. Mr. Rohloff explained that Council had previously approved the development agreement. He stated that if there were problems pertaining to land use issues, it would be appropriate to make changes. Mayor Esslinger stated that the legal issues would be similar to when the fishing pier was approved. He stated that Council could have rescinded and that would have had potential cost to the City for the materials that had been purchased. Council Member Tower questioned if other issues would be brought before Council prior to breaking ground. Mr. Jackson Kinney, Director of Community Development, explained that the development agreement outlined the legal framing for the type of land use. He stated there needed to be no 14 th additional review. He explained that Dumke’s had until June 30 to provide written notification to the City and RDA regarding the intent of the project. He stated that if they moved forward with the project it would be brought before Council. Deputy Mayor Palmeri questioned if Council Members would be allowed to vote that fixed income residential structures were not appropriate. Mr. Kinney stated that it would not be allowed within the context of the zoning process. Deputy Mayor Palmeri explained there was no way Council Members would be allowed to vote no on the resolution. Mr. Kinney explained the proper context of the resolution was reviewing the land use and zoning. He stated that the resolution was not to revisit the development agreement. Deputy Mayor Palmeri questioned the grounds for Council Member to vote no. Mr. Kinney stated that it would be difficult to put the City in that position as long as compliances were met. Deputy Mayor Palmeri questioned the intent of having a resolution on the agenda when there would not be an honest vote. He questioned if the intent was to have Council rubber stamp the resolution. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Mr. Rohloff stated that the development agreement had been approved with the group and the group had done an effort in good faith to comply. Deputy Mayor Palmeri explained that a member of the Plan Commission stated that this was not the vision the City had initially sought. Mr. Rohloff stated that it was not the scope of the Plan Commission to purview. Council Member McHugh stated that he had not understood that once the agreement was signed that Council had no more control. Resolution 09-203 Establish City Wide Goals for City Manager MOTION: ADOPT (King; second, Poeschl) MOTION: AMEND TO LAYOVER UNTIL JUNE 9, 2009 (King; second, Poeschl) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Council Member King stated that the individual that was appointed to fill the vacant Council seat should be allowed to add their goals for the City Manager. 15 OB THER USINESS Presentation by Council Candidates 1. Phillip Farley was not present. 2. Mark Wildman, 1003 School Avenue, stated that he was 42 years of age and born in Sheboygan. He stated that he had served four years in the military, has an associate degree for Correction Science, a Bachelor’s Degree Administration of Justice, a Master Degree in Organization Leadership Quality and a Doctorate in Human Services. He stated that he was currently a unit manager at Wisconsin Resource Center. He stated that he teaches on-line courses for University of Phoenix. He stated that it was a vital necessity for economic development and infrastructure in Oshkosh. 3. Larry Didlo stated that there needed to be a conservative voice on Council and promote positive long-lasting values for Oshkosh. He stated that to serve all residents was important. He stated that Marion Road was important for tourism, and planning for schools was important. He listed the areas where he volunteers his time. Council Member McHugh questioned his thoughts regarding the downtown area. Mr. Didlo stated that it should begin with paving the streets. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY 4. Rudi Kraut stated that he was unemployed and open-minded. He stated that better communication was needed. He stated that he would represent all citizens and the priority should be on jobs. 5. Larry Spanbauer, 842 Eckardt Court, stated that Council was micro-managing. He stated that Council should set policy for the City, approve a budget citizens could live with, and monitor the City Manager performing duties he was hired to do. He stated that Council needed to stay focused and make decisions. He stated that the previous City Manager had a positive commitment to the City of Oshkosh. 6. Stephen Hintz, 1361 Washington Avenue, former member of Plan Commission and currently on the Redevelopment Authority. He stated that he had served on Council from 1998 to 2004. He stated that it was important to receive citizen’s views regarding decisions that would impact the future of Oshkosh. He stated that staff and employees as well as people with a stake in the community needed to be respected and listened to. He stated that he understood that not everyone would be satisfied in every situation. He explained that he would serve the balance of the term and not run again. Mayor Esslinger questioned if he would remove himself from a position to serve two other positions. 16 Mr. Hintz stated that he would. 7. Jef Hall, 112 East Irving Avenue, stated that Stephen Hintz was the person to serve on Council. He stated that he had experience with government as he served on the County Board for three years. He stated that he served on the Human Services Board, ADVOCAP Board and Finance economic development issues and a member of the East Wisconsin Counties Railroad Association. He stated that he had professional experience with marketing. He stated to bring back what worked in other communities. He stated that he was a homeowner in the near east neighborhood. He stated that as an elected official the best thing to do was to earn trust. He explained that there were challenges and opportunities as a young Council. 8. Mark Madison, 619 West New York Avenue, stated that he had served two terms on the Winnebago County Board and was interested in politics and Oshkosh. He stated that Mr. Hintz was qualified and had the experience and he endorsed him. He urged th Council to establish a policy that would place the 4 place finisher in the election as an alternate. 9. Richard O’Day, 715 Hazel Street, stated that he had previously run for Council. He stated that he was employed with the prison system. He stated that the budget process should start at a zero tax increase and then add as needed. He stated that the agenda should be set for the next meeting prior to adjourning. He explained that this would give staff enough time to provide answers to questions that may arise. He stated that he would not support the riverfront due to the cost. He stated that the downtown area needed to be supported by consumer dollars. He explained that an important issue to be concerned with was jobs. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY 10. Daniel Ehrlich, 561 Hazel Street, stated that the City needed to move forward and progress. He stated that there was an issue of needs versus wants and the government needed to take care of needs such as streets, schools and parks. He stated that individual’s wants may not be the same from one candidate to the next. He stated that as a newer person to the community he would not make presumptions. 11. Michael Retelle, 2102 Jefferson Street, stated that he had worked for one of the largest grocery retailers in Wisconsin. He stated that he had experience with economic backgrounds and budgets throughout the valley. He stated that his current job was with UWO as a custodian. He stated that he worked well with people and was honest, dedicated and had a passion for the City. 12. Harold Buchholz, 1165 Algoma Boulevard, stated that he had management experience, leadership and dependable. He stated that he had a background in chemical engineering, was a hard worker, professional and believed in doing things right and to follow through. He stated that he prided himself on punctual time. Mayor Esslinger questioned if he would remove himself from the Landmarks Committee. 17 Mr. Buchholz stated that he would remove himself as that would be the correct thing to do. 13. Steven Cummings, stated that he had a desire to serve all the people of Oshkosh. He stated that he represented the voices and opinions of 100’s of people that shared the vision of making Oshkosh a dynamic and progressive community. He thanked his family and friends for their support during the campaign along with the 1,000’s of voters that voted for him on April 7. 14. Brian Poeschl was not present. 15. Daniel Schoenrock, 835 Hazel Street, stated that he was part owner of Midwest Business Interiors. He stated that he would be honored to serve and that he was actively involved in the community. He stated that he met goals and was a good problem solver. He stated that he had a background in graphic arts. He stated that a survey had concluded that 58% of the citizens agreed that the appearance of the City had a negative impact. He stated that he supported the River Front and the retirement housing opportunities. He stated that without reviewing the details of other issues, streets were his number one priority. He stated that he was a graduate of UWO and a member of the Rotary Club. He stated that the waterways in the area were underdeveloped and work needed to be completed regarding the storm drainage issues. He stated that he planned to retire in the City of Oshkosh. He stated that he was fair and truthful and would be beneficial to making judgments in planning for the future of the City. 16. Jim Evans was not present. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY The City Clerk polled members of Council who responded by announcing the name of the applicant they would cast their vote for: Tower voted Hintz King voted Hintz McHugh voted Buchholtz Poeschl voted Buchholtz Palmeri voted Buchholtz Mayor Esslinger voted Buchholtz Resolution 09-204 Appointment of Individual to fill vacant Council seat MOTION: APPOINT HAROLD BUCHHOLZ TO FILL VACANT SEAT ON COUNCIL (Poeschl; second, Palmeri) CARRIED: Ayes (6) Tower, McHugh, Palmeri, King, Poeschl, Mayor Esslinger Deputy Mayor Palmeri stated that the process used to fill the vacant seat was not unique. He stated that it was the most common process used. He stated that the easiest process would th have been to appoint the 4 place runner up; however, that was not the correct precedence to set. He stated that he would choose Harold Buchholz to fill the seat as he stated that he 18 wanted to work collaboratively with all Council Members. He explained that Mr. Buchholz handled the water tower issue respectively without anger and that showed he wanted to work together. Council Member Tower stated that he had supported the process of appointing the fourth place runner up. He stated that he supported all of the candidates and urged them to run for election in April 2010. He stated that he supported Stephen Hintz as he had the appropriate background and previous experience as a Council Member. He explained that Mr. Hintz helped with the purchase of the Safety Building. He stated that he was a consultant and was familiar with goals and how to accomplish them. The Council took a five minute break at 9:38 pm. Council Member McHugh stated that he was impressed with the broad range of experience with Harold Buchholz. Council Member Poeschl explained that he preferred the election process. He stated that his choice to fill the vacant seat would be Harold Buchholz. Council Member King urged all candidates to run in the upcoming election for Council. She stated that as a former Council member she would choose Stephen Hintz. Mayor Esslinger stated that Harold Buchholz would be his choice as he was a uniter not a divider. CS ITIZEN TATEMENTS Patricia Diener, 318 Church Avenue, stated that she was in the process of purchasing a foreclosed home. She turned in a claim to the City Clerk regarding an incident with the Oshkosh Police Department. PCC–M26,2009 ROCEEDINGS OF THE OMMON OUNCIL AY Steve Barney, 1335 Summit Avenue, urged Council Members to review the sustainable princeton.org website regarding areas of greenhouse gas emissions. Doug Buettner, 901A Main Street, stated that he had concerns regarding what determines the replacement of sidewalks. He stated his concerns were with the amount of children dying in poor countries and urged the City of Oshkosh to become a sister City. CMA,SD OUNCIL EMBER NNOUNCEMENTS TATEMENTS AND ISCUSSION st Mayor Esslinger announced that every first Monday of the month, starting June 1 he and the City Manager would be having media day. He stated that at 7:40 am they would be on WISS AM 1100 and at 8:20 am they would be on WOSH AM 1490. He stated that they would speak about past Council meeting and what would be coming forward at future meetings. He stated that rather than a formal committee he and Deputy Mayor Palmeri would hold public hearings th regarding the deer herd. He stated that the meeting would be held at City Hall on June 30 19 from 6 pm to 9 pm. He urged everyone to bring ideas to the table without criticism. He stated that he had planned on speaking with the Governor regarding the request to tranquilize and move the herd. Council Member Palmeri explained that a formal deer management committee may arise from the hearings. He stated that on August 1, 2008 the contract for the City Manager was established and in the contract it had explained that the City Manager would relocate to the City of Oshkosh within a nine month time frame and that some citizens had contacted him questioning if that had occurred. CMA,SD ITY ANAGER NNOUNCEMENTS TATEMENTS AND ISCUSSION Mr. Rohloff stated that Timers-Selissen Land Specialist, Inc. would be assisting with requiring the right-of-way for Main Street due to their experience working with the Department of Motor Vehicles. He explained that it was a professional service contract and that there had been three proposals. He stated that the Grand Opera House was on schedule. He stated that they were working on bid specs and would open bids in July. He stated that the ceiling had not been inspected. He explained that the budget survey was posted on the website. He stated that the goal was to achieve a response of 95% and the survey reached 94%. He stated that the City was on target for services provided. Council Member Tower questioned how to blend the survey, vision and strategic planning together. Mr. Rohloff explained that common threads among them would be tied together. MOTION: ADJOURN (McHugh; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 10:14 p.m. PAMELA R. UBRIG CITY CLERK 20