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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH, WISCONSIN O./HKO./H ON THE WATER REGULAR MEETING held Tuesday, August 26, 2003 at 6:00 p,m, in the Council Chambers, City Hall, Mayor Hintz presided, PRESENT: Council Members Paul Esslinger, Mark Harris, Shirley Mattox, William Castle, Frank Tower, Brian Poeschl, Stephen Hintz ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk and David Patek, Director of Public Works, Council Member Esslinger read the Invocation, The Pledge of Allegiance was led by Counci Member Esslinger, PUBLIC HEARINGS The Mayor ordered the following Public Hearings: Approve Floodplain Map Amendment/815 S. Westhaven Drive There were no appearances and the Public Hearing was CLOSED. Approve Housing Project/Housing Authority/Evergreen Retirement Community, Inc. Project There were no appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the August 12, 2003 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $10,614,922.01. The Report of the City Clerk was read. Resolution 03-358 Initial Resolution/Concrete Paving & Sidewal~Foster Heights Resolution 03-359 Accept & Approve Waiver of Special Assessment Notices & Hearing in Connection With Improvements/Foster Heights Proceedings of the Common Council -August 26, 2003 Resolution 03-360 Resolution 03-361 Resolution 03-362 Resolution 03-363 Resolution 03-364 Resolution 03-365 Resolution 03-366 Resolution 03-367 Resolution 03-368 Resolution 03-369 MOTION: CARRIED: Approve Developer Agreement/Foster Heights Final Resolution/Concrete Paving & Sidewalk/Foster Heights Approve Final Plat/Foster Heights Dedicate Street Right-of-Ways: A) Lilac Street Extended B) Homestead Drive Cul-de sac Set Public Hearing Date to Vacate Portion of Farmstead Lane & Greenbriar Court Set Public Hearing Date to Vacate Unnamed Right-of Way/Lakeview Park Subdivision Resolution Approving Housing Project/Housing Authority/Evergreen Retirement Community, Inc. Project Approve General Obligation Refunding Promissory Notes/Series2003-F Disallowance of Claim/Childers Approve Miscellaneous City Licenses ADOPT CONSENT AGENDA (Tower; second, Esslinger) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Public Works Director Dave Patek was excused at 6:13 p.m. Public Agenda Discussion Ordinance 03-373 Prohibit Smoking Inside Restaurants The following residents were opposed to the proposed ordinance: George Schafer, 2384 Hickory Lane Ken Bender, 806 Oak Street Ron Montgomery, 752 Prospect Avenue Wallace Wagner, 3104 Sheldon Lane Dan Shea, 2665 Hearthstone Court Sara Gutjahr, 3733 Glenkirk Lane Paula Tellock, 1311 Rahr Avenue 2 Nancy Bertz, 2605 Jackson Street Lee Engelmann, 5421 County Road K James Meyer, 843 Bowen Street Proceedings of the Common Council -August 26, 2003 Melanie Bloechl, 2388 Abbey Avenue Pat Purtell, 688 N. Main Street Phil Levine, 2950 Rebecca Run Gordon Doule, 1225 Summit Avenue Lisa Levine, 2950 Rebecca Run Hugh Carver, 1261 Merritt Avenue Jay Supple, 1641 Congress Avenue Chad Ewing, 1112 W. 7th Avenue Mike O'Brien, 1317 Powers Street Attorney Warren Kraft arrived at 6:30 p.m. The following residents supported the proposed ordinance: Becky Stark, 508 Union Street Trina Voss, 147 Kirkwood Drive Gilbert Pollnow, 1691 Maricopa Drive Dr. Chris Laufer, 2330 White Swan Drive Donna Lohry, 511 W. Bent Avenue Vida Allen, 3063 Shadow Lane Rick Penkwitz, 737 Evans Street Dawn Lux, 822 Ceape Avenue Theresa Becker, 3965 Sharratt Drive Marie Stoops, 1080 N. Westfield Street Don Weber, 1612 Ontario Street Terry Schmitz, 2926 Hidden Hollow Road Becky Schmitz, 2926 Hidden Hollow Road Joe Abhold, 3111 Mockingbird Way Donna, representing the American Lung Association Robert Cornell, 548 W. Smith Avenue Ruth Eberwine, 1731 Hazel Street Kathy Propp, 1936 Hazel Street Daniel Lynch, 310 S. Eagle Street Tyson Schneider, 2307 Doty Street Steve Barney, 1225 High Street Council took a ten-minute break at 7:55 p.m. Public Works Director Dave Patek returned at 8:47 p.m. Action Taken on Ordinances and Resolutions 3 Ordinance 03-370 Official Mapping/Geneva Street Extended MOTION: CARRIED: ADOPT (Poeschl; second, Tower) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Proceedings of the Common Council -August 26, 2003 Ordinance 03-371 Official Map Deletion/Portions of Bismarck Avenue MOTION: CARRIED: ADOPT (Tower; second, Esslinger) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Ordinance 03-372 Dissolve Citizens Advisory Committee MOTION: CARRIED: ADOPT (Esslinger; second, Tower) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Ordinance 03-373 Prohibit Smoking Inside Restaurants MOTION: ADOPT (Harris; second, Esslinger) MOTION: LOST: AMEND TO LAYOVER UNTIL THE DECEMBER 9, 2003 COUNCIL MEETING (Poeschl; second, Mattox) Ayes (2) Poeschl, Mattox; Noes (5) Esslinger, Harris, Castle, Tower, Hintz MOTION: CARRIED: AMEND SECTION 14-1.2 AS IT PERTAINS TO TAVERNS, TO CHANGE THE PERCENTAGE FROM 50% TO 70% OF GROSS SALES OF ALCOHOL BEVERAGES (Poeschl; second, Harris) Ayes (4) Harris, Mattox, Poeschl, Hintz; Noes (3) Esslinger, Castle, Tower MOTION: CARRIED: AMEND ORDINANCE TO PROVIDE THAT ALL VERIFICATIONS AND OTHER PAPERWORK TO BE FILED, AND ALL DETERMINATIONS TO BE MADE REGARDING THE EXCEPTION FOR TAVERNS BE CHANGED FROM THE OFFICE OF THE CITY CLERK TO THE HEALTH SERVICES DIVISION (Harris; second, Esslinger) Ayes (5) Esslinger, Harris, Mattox, Poeschl, Hintz; Noes (2) Castle, Tower MOTION: AMEND TO DEFINE THE TERMS "MEAL" & "RESTAURANT" AS FOLLOWS: "MEAL" MEANS ANY READY TO EAT FOOD SERVED OR SOLD TO THE GENERAL PUBLIC IN INDIVIDUAL OR PREPACKAGED SINGLE PORTIONS OR SERVINGS FOR IMMEDIATE ON- PREMISES CONSUMPTION, OR TRANSPORTED OFF- 4 PREMISES IN INDIVIDUAL PREPACKAGED CARRYOUT SERVINGS, OR SPECIFICALLY PREORDERED INDIVIDUAL OR MULTIPLE SERVING PORTIONS WHICH ARE TRANSPORTED TO AN OFF-PREMISES LOCATION FOR IMMEDIATE CONSUMPTION WITH OR WITHOUT FURTHER PREPARATION. Proceedings of the Common Council -August 26, 2003 MEAL DOES NOT INCLUDE SOFT DRINKS, ICE CREAM, MILK, MILK DRINKS, ICES AND CONFECTIONS OR FREE LUNCHES SERVED BY TAVERNS CONSISTING OF POPCORN, CHEESE, CRACKERS, PRETZELS, COLD SAUSAGE, CURED FISH, OR BREAD AND BUTTER. NOR DOES MEAL INCLUDE FOOD ITEMS SOLD BY THE WEIGHT, COUNT OR PIECE IN INDIVIDUAL PACKAGES REQUIRING FURTHER PREPARATION FOR CONSUMPTION AT ANOTHER LOCATION. "RESTAURANT" MEANS ANY BUILDING, ROOM, OR ENCLOSED PLACE WHERE MEALS ARE PREPARED OR SERVED OR SOLD TO TRANSIENTS OR THE GENERAL PUBLIC. a) HOTELS/MOTELS/CONVENTION CENTERS. THE TERM "RESTAURANT" SHALL INCLUDE ANY ROOM OR ENCLOSED PLACE WHERE MEALS AND BEVERAGES ARE PREPARED OR SERVED or sold to TRANSIENTS OR THE GENERAL PUBLIC, BUT SHALL NOT INCLUDE OTHER AREAS OF A HOTEL/MOTEL OR CONVENTION ESTABLISHMENT, INCLUDING LODGING ROOMS, PRIVATE BANQUET ROOMS OR HALLS, OR TAVERNS AS DEFINED IN THIS SECTION. b) THE TERM "RESTAURANT" SHALL NOT INCLUDE: 1) A "TAVERN" AS DEFINED IN THIS SECTION. 2) AN ESTABLISHMENT WITH "INCIDENTAL FOOD SERVICE" AS DEFINED IN THIS SECTION. 3) TAVERNS THAT SERVE FREE LUNCHES CONSISTING OF POPCORN, CHEESE, CRACKERS, PRETZELS, COLD SAUSAGE, CURED FISH, OR BREAD AND BUTTER. 4) CHURCHES, RELIGIOUS, FRATERNAL, YOUTHS' OR PATRIOTIC ORGANIZATIONS, SERVICE CLUBS AND CIVIC ORGANIZATIONS WHICH OCCASIONALLY PREPARE, SERVE OR SELL MEALS TO TRANSIENTS OR THE GENERAL PUBLIC. 5) BREAKFAST ESTABLISHMENT BREAKFASTS ONLY TO ITS ANY BED AND THAT SERVES LODGERS. 6) THE SERVING OF FOOD OR BEVERAGE 5 7) 8) THROUGH A LICENSED VENDING MACHINE. A CONCESSION STAND AT A LOCALLY SPONSORED SPORTING EVENT, SUCH AS A LITTLE LEAGUE GAME. A "TEMPORARY RESTAURANT" OPERATED AT A FIXED LOCATION IN CONJUNCTION WITH A SINGLE EVENT SUCH AS A FAIR, CARNIVAL, CIRCUS, PUBLIC EXHIBITION, ANNIVERSARY SALE OR OCCASIONAL SALES PROMOTION. Proceedings of the Common Council -August 26, 2003 CARRIED: 9) ENTIRE ROOMS OR HALLS USED FOR PRIVATE FUNCTIONS. (Harris; second, Poeschl) Ayes (4) Harris, Mattox, Poeschl, Hintz; Noes (3) Esslinger, Castle, Tower MOTION: LOST: AMEND TO CREATE AN EXCEPTION FROM THE PROVISIONS OF THE ORDINANCE FOR ESTABLISHMENTS WHERE THE SALE OF MEALS & BEVERAGES, INCLUDING ALCOHOL BEVERAGE, DOES NOT EXCEED 20% OF THE TOTAL GROSS SALES OF THE ESTABLISMENT (Harris; second, Poeschl) Ayes (3) Harris, Mattox, Hintz; Noes (4) Esslinger, Castle, Tower, Poeschl MOTION: CARRIED: AMEND ORDINANCE TO INCLUDE IN THE COMPUTATION OF TOTAL GROSS SALES ONLY RECEIPTS FOR MEALS AND BEVERAGES TO BE CONSUMED ON PREMISES WHEN DETERMINING WHETHER THE GROSS SALES OF ALCOHOL BEVERAGES AT AN ESTABLISHMENT EXCEEDS 50% OF THE TOTAL GROSS SALES OF THE ESTABLISHMENT FOR PURPOSES OF DETERMINING WHETHER AN ESTABLISHMENT SHALL BE CLASSIFIED AS A "TAVERN" UNDER THE TERMS OF THIS ORDINANCE (Harris; second, Poeschl) Ayes (4) Harris, Mattox, Poeschl, Hintz; Noes (3) Esslinger, Castle, Tower VOTE ON ORDINANCE AS LOST: Ayes (3) Noes (4) AMENDED: Harris, Poeschl, Hintz; Esslinger, Mattox, Castle, Tower Council Member Poeschl offered an amendment to lay over the ordinance giving the restaurant owners an opportunity to remove ashtrays to see the affects it would have on their business. Council Member Harris stated he would compromise and support the 70/30% gross 6 sales of alcohol amendment. Council Member Mattox stated there should have been more communication with the business owners, she felt the issue should be postponed at this time. Council Member Esslinger explained the issue was not health related since the percentages kept changing to accommodate the vote. Council Member Harris explained the primary intent of the vote was to establish what was a restaurant and to remove smoking from restaurant dining rooms. He also clarified the amendments. Proceedings of the Common Council -August 26, 2003 sta~e~en~s tO f al Council Member Tower agreed that second hand smoke was a health issue but felt it was a choice to be made by patrons of the restaurants. Council Member Castle felt the government should not be involved with this issue. Council Member Poeschl explained that he had listened to both sides regarding this issue prior to his final decision. Council Member Esslinger thanked everyone for their opinions. He expressed various concerns regarding the ordinance. Council Member Harris read a letter from a citizen that was published in the local paper, he felt there were good arguments for such a major health issue. Council Member Mattox expressed her concerns regarding the ordinance. She was concerned with all establishments and felt tobacco should be banned in all establishments instead of singling out certain areas. Mayor Hintz stated this was an overwhelming decision to make and thanked his fellow Council Members. Ordinance 03-374 Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 03-375 Approve Floodplain Map Amendment/815 S. Westhaven Drive FIRST READING; LAID OVER UNDER THE RULES Ordinance 03-376 Establish Street Grades/Foster Street & Bismarck Avenue FIRST READING 7 MOTION: CARRIED: MOTION: CARRIED: SUSPEND RULES FOR CONSIDERATION (Harris; second, Esslinger) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz ADOPT (Esslinger; second, Tower) Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Proceedings of the Common Council -August 26, 2003 Ordinance 03-377 Authorize Public Construction/Foster Street & Bismarck Avenue FIRST READING MOTION: SUSPEND RULES FOR CONSIDERATION (Castle; second, Esslinger) CARRIED: Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz MOTION: ADOPT (Esslinger; second, Tower) CARRIED: Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Council took a ten-minute break at 10:00 p.m. Resolution 03-378 Determination of Boundaries/Approval of South Shore Redevelopment MOTION: ADOPT (Esslinger; second, Castle) CARRIED: Ayes (7) Esslinger, Harris, Mattox, Castle, Tower, Poeschl, Hintz Council Member Poeschl stated that after he had investigated the project he would support it. Council Member Esslinger stated he was in favor of the redevelopment but would not support any general obligation funding. Council Member Mattox felt the city was moving forward and viewed this as a positive move. C/t/zen Statements Mike Norton, 1029B N. Main Street, felt a water park would benefit the city, with the county, school district and city working together to accomplish the project. 8 Ken Bender, 806 Oak Street, expressed his various concerns regarding bumpouts in the city. He also stated he was concerned with money being spent on various projects. Council Member Statements Mayor Hintz explained various reasons to reconsider the appeals board resolution from the last Council meeting. Resolution 03-253 Create Storm Water Utility Appeals Board MOTION: CARRIED: RECONSIDER (Hintz; second, Tower) Ayes (4) Harris, Mattox, Tower, Hintz; Noes (3) Esslinger, Castle, Poeschl Proceedings of the Common Council -August 26, 2003 MOTION: CARRIED: ADOPT (Hintz; second, Tower) Ayes (5) Harris, Mattox, Tower, Poeschl, Hintz; Noes (2) Esslinger, Castle Mr. Harris thanked Mr. Norton for his suggestion, but felt the budget was too tight at this time to consider the project. He encouraged citizens to continue to give suggestions. Council Member Esslinger stated he was in favor of a water park but due to budget concerns it would not be an option at this time. Council Member Mattox expressed her concerns regarding the safety for the first day of school and stated this was the 120th anniversary of the Grand Opera House. She explained the Walk to Win program to promote health. Whatever Else is Pertinent or For the Good of The City Mr. Wollangk stated there would be a workshop to discuss budget options on September 19, 2003 at 5:00 p.m. He also explained that city staff remained neutral on the smoking ordinance. There was no other business before the Council. MOTION: ADJOURN (Castle; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 10:39 p.m. PAMELA R. UBRIG CITY CLERK 9