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Home My WebLink AboutMinutesO./HKO./H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH, WISCONSIN License Hearing Resolution 03-232 MOTION: LOST: PRESENT: Council Members Brian Poeschl, Paul Esslinger, Mark Harris, William Castle, Frank Tower, Stephen Hintz EXCUSED: Council Member Shirley Mattox ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works. Council Member Poeschl read the Invocation, The Pledge of Allegiance was led by Council Member Poeschl, Approve Operator (Bartender) License/Marks ADOPT (Esslinger; second, Tower) Ayes (2) Poeschl, Esslinger; Noes (4) Harris, Castle, Tower, Hintz Attorney Tony Renning of Davis & Kuelthau questioned Chief Police Erickson on the various violations regarding the applicant. Chief Police Erickson stated the various concerns and urged Council not to approve the license. Autumn Marks, 915 Grand Street, explained various reasons why she felt her license should be approved. Mayor Hintz questioned when the original application was filed and when the investigation took place. Council Member Esslinger questioned if there was any other operator (bartenders) that had been denied for the same situation. Mr. Kraft responded. Mayor Hintz presided. REGULAR MEETING held Tuesday, August 12, 2003 at 6:00 p.m. in the Council Chambers, City Hall. Proceedings of the Common Council-August 12, 2003 Mayor Hintz explained that the background of the applicant failed to meet the standards established by the State Statues for holding a bartender's license. PUBLIC HEARINGS The Mayor ordered the following Public Hearings: Final Resolution/2003 Sealcoating Ken Bender, 80(~ Oak Street, gave a history of street improvements and thanked Mr. Patek for trying to improve the streets in the community. Scott Zaske, 1807 Mount Vernon Street, felt there were other streets in the community that were in worse shape than his street and asked that the sealcoating on Mount Vernon be postponed. Mr. Patek responded. Jay Mundig, 570 Golden Iris Drive, stated he did not support the sealcoating and would prefer concrete on his street. There were no other appearances and the Public Hearing was CLOSED. Final Resolution/Utilities/19th Avenue & Faust Avenue William Hentz, 1312 Faust Avenue, expressed his concerns regarding the installment of the mini storm sewer. Council Member Esslinger questioned how many individuals were affected with the upgrade. Heather Clausen, 1234 Faust Avenue, expressed her concerns regarding the utilities being installed on Faust Avenue. There were no other appearances and the Public Hearing was CLOSED. Official Mapping/Geneva Street Extended There were no appearances and the Public Hearing was CLOSED. Official Map Deletion/Portions of Bismarck Avenue There were no appearances and the Public Hearing was CLOSED. 2 Consent Agenda The minutes of the July 22 & 24, 2003 meeting were presented as written. Proceedings of the Common Council-August 12, 2003 The Report of the City Manager was read. The bills were presented in the amount of $4,178,948.80. The Report of the City Clerk was read. Resolution 03-233 Grant Conditional Use Permits A) 1540 S. Koeller Street B) 1730 W. Snell Road C) 2495 Jackson Street Resolution 03-234 Determination of Boundaries; Approval of South Shore Redevelopment Project Plan Dennis Schwab, 601 S. Main Street, felt the development would be a benefit to the community and encouraged Council to support the project. Tony Palmari, 212 W. Parkway Avenue, stated the issue should be laid over until the University was in session to allow them the opportunity for input. He suggested meetings to give the community an opportunity to be involved in the redevelopment. Ron Detjen, Berlin, felt this was a good plan and the community would benefit from the redevelopment. Ken Bender, 806 Oak Street, expressed his concerns regarding the south shore. Pat Henry, General Manager for the Pioneer Inn, urged Council to proceed with the project. Resolution 03-235 Amend Universal Business Park Covenants Resolution 03-236 Final Resolution/2003 Sealcoating Resolution 03-237 Final Resolution/Utilities/19th Avenue & Faust Avenue Resolution 03-238 Award Bid/Public Works Contract No. 03-09/Utility Work (Dekeyser Construction, Green Bay, $392,905.25) Resolution 03-239 Award Bid/Public Works Contract No. 03-1 O/Asphalt Overlay/Storm Sewer Project (Northeast Asphalt, Greenville, $374,850.00) 3 Resolution 03-240 Award Bid/Street Sweeper/Street Division (Industrial Marketing, Gwinn, MI., $149,950.00) Resolution 03-241 Approve Change Order No. 1 thru 6/Public Works Contract No. 02-01 (Various) Proceedings of the Common Council-August 12, 2003 Resolution 03-242 Disallowance of Claim/Postl Resolution 03-243 Disallowance of Claim/Steffes Resolution 03-244 Disallowance of Claim/Clausen Resolution 03-245 Disallowance of Claim/Children Resolution 03-246 Disallowance of Claim/Freuen Resolution 03-247 Disallowance of Claim/Webster Resolution 03-248 Disallowance of Claim/Foster Resolution 03-249 Disallowance of Claim/Peters - Perhonth Salon Resolution 03-250 Disallowance of Claim/Gaier Resolution 03-251 Approve Miscellaneous City Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 03-234 AND 03-237 (Castle; second, Tower) CARRIED: Ayes (6) Poeschl, Esslinger, Harris, Castle, Tower, Hintz Resolution 03-234 Determination of Boundaries; Approval of South Shore Redevelopment Project Plan MOTION: ADOPT (Esslinger; second, Harris) MOTION: LAYOVER UNTIL AUGUST 26, 2003 (Harris; second, Tower) CARRIED: Ayes (4) Harris, Castle, Tower, Hintz; Noes (2) Poeschl, Esslinger Council Member Esslinger stated he was in favor of the project but due to budget concerns, he would vote against the redevelopment. Council Member Poeschl expressed cost was a factor and stated he would not support the redevelopment at this time. Jackson Kinney, Director of Community Development, was there to answer questions of 4 the Council. Council Mr. Harris stated he was in favor of the project, but felt it should be laid over at this time. Proceedings of the Common Council-August 12, 2003 Resolution 03-237 Final Resolution/Utilities/19th Avenue & Faust Avenue MOTION: ADOPT (Esslinger; second, Tower) MOTION: DIVIDE RESOLUTION 03-237 INTO: RESOLUTION 03-237A-19TM AVENUE; AND, RESOLUTION 03-237B-FAUST AVENUE (Esslinger; second, Castle) CARRIED: Ayes (6) Poeschl, Esslinger, Harris, Castle, Tower, Hintz MOTION: ADOPT RESOLUTION 03-237A (Tower; second, Esslinger) CARRIED: Ayes (6) Poeschl, Esslinger, Harris, Castle, Tower, Hintz MOTION: ADOPT RESOLUTION 03-237B (Tower; second, Harris) LOST: Noes (6) Poeschl, Esslinger, Harris, Castle, Tower, Hintz Council Member Esslinger questioned if the installation of the storm sewer laterals on Faust Avenue was necessary. Mr. Patek responded. Public Agenda Discussion Ordinance 03-253 Create Storm Water Utility Appeals Board Robert Cornell, 548 W. Smith Avenue, urged Council to support the proposed ordinance. Tony Palmari, 212 W. Parkway Avenue, felt the ordinance should be amended as an advisory board prior to litigation. Ordinance 03-254 Prohibit Smoking Inside Restaurants The following residents were opposed to the proposed ordinance: Ken Bender, 806 Oak Street Pete Kremunauer, 332 Hawk Street Ron Montgomery, 752 Prospect Avenue Ryan Nolan, Water City Grill, 103 Algoma Boulevard Jacob Burns, 18 Baldwin Street 5 John Supple, 4244 Shady Lane Wallace Wagner, 3104 Sheldon Lane Heidi Supple, 1621 Congress Avenue Chad Ewing, 1112 W. 7th Avenue Robert Niebergall, 1121 Merritt Street Gordon Doule, 1225 Summit Avenue William Hentz, 1312 Faust Avenue Zee Ajdini, American Table, 600 N. Main Street John Casper, 120 Jackson Street Proceedings of the Common Council-August 12, 2003 Ernest Stadler, 722 Main Street Bill Tellock, 1311 Rahr Avenue Pat Purtell, 688 N. Main Street Hugh Carver, 1261 Merritt Street The following residents supported the proposed ordinance: Rosemary Smith, 2843 Sunset Point Lane Thomas Hallquist, 2030 Hazel Street Jim Henderson, 5236 Killdeer Lane Jena Walsh, 2962 Omro Road Josh Calhoun, 505 Mount Vernon Street Gary Yakes, 949 Windward Court Dr. Robert Devermann, 1810 Hickory Lane Trina Voss, 147 Kirkwood Drive Dr. Chris Laufer, representing Affinity Medical Center Cindy & Erica Joyce, 1560 Donegal Court Carolyn Blassingame, 1926 E. Murdock Avenue Joyce Mann, Representing the Fond du Lac County Tobacco Cohalitation David Ahrens, Research Program Manager at UW-Madison Comprehensive Cancer Center Christine Olson, 7 W. Tennessee Avenue Joe Cismoski, 1700 Cliffview Drive Jennifer Norden, 2330 White Swan Drive Daniel Lynch, 310 S. Eagle Street Rick Penkwitz, 637 Evans Street Ruth McGundley, 516 Menominee Drive Elizabeth Moore, 1217-A Jackson Street Don Kutchera, 945 Anchorage Court Kathy Propp, 1936 Hazel Street Mary Koslowski, 1870 Westhaven Drive Margaret Chester, 811 W. 12th Avenue Robert Cornell, 548 W. Smith Avenue Joe Abhold, 3111 Mockingbird Way Council took a ten-minute break at 9:40 p.m. 6 Ordinance 03-257 Dissolve Citizens Advisory Committee Ken Bender, 806 Oak Street, stated it was important to have the Citizens Advisory Committee in prior years but understood why the board would be dissolved. Action Taken on Ordinances and Resolutions Ordinance 03-252 Traffic Regulations MOTION: ADOPT (Esslinger; second, Poeschl) CARRIED: Ayes (6) Poeschl, Esslinger, Harris, Castle, Tower, Hintz Proceedings of the Common Council-August 12, 2003 Ordinance 03-253 Create Storm Water Utility Appeals Board MOTION: ADOPT (Tower; second, Poeschl) MOTION: AMEND TO DIVIDE SECTION 1 AND SECTION 2 (Esslinger; second, Poeschl) LOST: Ayes (1) Esslinger; Noes (5) Poeschl, Harris, Castle, Tower, Hintz VOTE ON MOTION TO ADOPT: LOST: Ayes (2) Tower, Harris; Noes (4)Castle, Poeschl, Esslinger, Hintz Council Member Esslinger stated he was in favor of creating an advisory board but felt the Council needed to have the final decision. Council Member Castle felt it would be a concern finding individuals to serve on the board. Mayor Hintz expressed there was a need for an appeals board. He felt it would be beneficial for the city. Council Member Harris questioned if the process of appeals was a court decision. Mr. Kraft responded. Ordinance 03-254 Prohibit Smoking Inside Restaurants FIRST READING; LAID OVER UNDER THE RULES Ordinance 03-255 Official Mapping/Geneva Street Extended FIRST READING; LAID OVER UNDER THE RULES 7 Ordinance 03-256 Official Map Deletion/Portions of Bismarck Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 03-257 Dissolve Citizens Advisory Committee FIRST READING; LAID OVER UNDER THE RULES Citizen Statements Gordon boule, 1225 Summit Avenue, expressed his various concerns. Ken Bender, 806 Oak Street, expressed various concerns he had in the community. Proceedings of the Common Council-August 12, 2003 Council Member Statements Council Member Tower stated he had communicated with other city officials throughout the state to get their perspective on bumpouts. He encouraged the city to continue using them. Council Member Poeschl expressed his concerns regarding the noise levels at Waterfest. He also felt it would be beneficial for the restaurants to advertise that they are smoke free. Council Member Esslinger expressed his concerns regarding the state budget. Council Member Harris explained various smoking statistics and indicated that there were amendments he would consider regarding the ordinance. Whatever Else is Pertinent or For the Good of The City There was no other business before the Council. MOTION: ADJOURN (Poeschl; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 10:37 p.m. PAMELA R. UBRIG CITY CLERK 8