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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO, W ITY OF SHKOSHISCONSIN REGULAR MEETING held Tuesday, May 25, 2004, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Harris presided. PRESENT: Council Members Burk Tower, Brian Poeschl, Paul Esslinger, Frank Tower, Shirley Mattox, William Castle, and Mark Harris. ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member B. Tower read the Invocation. The Pledge of Allegiance was led by Eliot Dittmer and Jared Dittmer from Emmeline Cook Elementary School; and, Brandon Williams and Cody Hughes from Oaklawn Elementary School. Public Hearings The Mayor ordered the following Public Hearings: Approve Final Resolution/Paving & Utilities/Witzel Avenue Project There were no appearances and the Public Hearing was CLOSED. Approve Zone Change/3764 Jackson Street There were no appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the May 11, 2004 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $2,955,809.71. The Report of the City Clerk was read. 1 Proceedings of the Common Council –May 25, 2004 Resolution 04-169Award Bid/4-Wheel Drive Loader/Backhoe/Street Division (Brooks Tractor, Depere WI, $58,202.53) Resolution 04-170Award Bid/Fiber Optic Network Materials (Graybar Electric, Green Bay, $9,993.75) Resolution 04-171Approve Final Resolution/Paving & Utilities/Witzel Avenue Project Resolution 04-172Grant Easements/Washington Avenue Parking Lot Resolution 04-173Approve Extraterritorial Final Plat/The Barony Resolution 04-174Grant Conditional Use Permit/Approve Final Planned Development/340 S. Koeller Street Resolution 04-175Authorize Disposition/Accept Easement/913 Oregon Street Resolution 04-176Approve Labor Agreement/Local 796C, AFSCME, AFL-CIO Oshkosh Professional Employees Union Resolution 04-177Approve Appointments Resolution 04-178Approve Miscellaneous City Licenses MOTION:ADOPT CONSENT AGENDA (Castle; second, Esslinger) CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris Public Agenda Discussion Resolution 04-183Authorize Borrowing/Riverside Park Expansion Ken Bender, 806 Oak Street, stated the city was not financially able to fund the project at this time. James Keskinen, 1033 Arthur Avenue, questioned who would be financially responsible to fund the project. Phil Martini, representing CR Meyer, gave a history of the property and explained how the amphitheater would be designed. He urged Council to move forward to obtain the remaining funds. Hugh Carver, 1121 Merritt Avenue, stated his concerns regarding the continued cost that 2 would be linked to the amphitheater. He stated it was not a good investment. Proceedings of the Common Council –May 25, 2004 Chad Leper, representing the Pioneer Inn & Marina, expressed his support for the development and stated it was a good investment. Rick Wells, Chancellor of UW-Oshkosh, 1423 Congress Avenue, explained that the university would be involved and urged Council to support the project. Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding another park in the city. Norm Packer, 4041 State Road 91, representing the Business Improvement District stated the board unanimously supported the project and explained it would be an amenity to the community. Jeff Robl, 114 W. Custer Avenue, stated as a taxpayer that he supported the project and the benefits it would have on the entire community. Suzie Vette, 100 High Avenue, encouraged Council to move forward with the project. Jeff Thorkildsen, 2615 Montclair Place, explained the City was committed to improving the downtown and the project would be great opportunity to continue the success. Kurt Koeppler, 1726 River Mill Road, asked the Council to support the project, he stated this was the next step to bringing back businesses to the downtown area. Mike Dempsey, 89 Cove Lane, explained the project would be a great statement for the community. Dave Nessler, 1446 W. New York Avenue, expressed his concerns regarding the park expansion and felt the project should have public imput. Resolution 04-184Approve Combination “Class B” License Ordinance Peter Culp, 1 Pearl Avenue, representing Roger Lind and Loren Frank, gave a brief history of the property and tenant dispute. He urged Council to approve his clients for the license. Jessica Escamilla, representing Durango’s restaurant, explained how the license would benefit their business. Jeff Robl, 114 W. Custer Avenue, questioned how the license is granted. Mayor Harris explained that state law limits licenses and the process. 3 Tim Merten, 1087 Cozy Lane, gave a brief history of the property located at 430 N. Main Street and explained the importance of having a license at that location. Proceedings of the Common Council –May 25, 2004 Gary Eake, representing the property at 430 N. Main Street, explained that an upscale restaurant was interested in the property. Hugh Carver, 1121 Merritt Avenue, expressed his various concerns regarding the applicants. Sara Iiko Quest, 849 N. Main Street, stated she was interested in purchasing the property at 430 N. Main Street and why she was a good candidate to receive the license. th Roger Lind, 680 W. 5 Street, stated he was the property owner of 2015 Harrison Street and why the license should be granted to that location. Lucinda Vette, 5050 Lake Road, explained Fever Pitch Entertainment to the Council and the plans for the old movie theater located at 445 N. Main Street. She urged Council to grant the license to that location. Stan Kline, 120 Jackson Street, stated the clause with Marcus Theatres would be relinquished to accommodate this venture. Kurt Stein, 434 N. Main Street, representing Fever Pitch, explained their plan to Council and the benefits it would have for the downtown area. Eric Lenz, 1847 Plymouth Street, gave an explanation of the conditions of the building being purchased for Fever Pitch. William Schultz, 200 Merritt Avenue, stated that Fever Pitch would be good for the community but felt it needed a liquor license to operate and succeed. Action Taken on Ordinances and Resolutions Ordinance 04-179Approve Zone Change/340 S. Koeller Street MOTION:ADOPT (Castle; second, F. Tower) CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris Ordinance 04-180Approve Official Mapping/Geneva Street Extended MOTION:ADOPT (Castle; second, F. Tower) CARRIED: Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle, 4 Harris Proceedings of the Common Council –May 25, 2004 Ordinance 04-181Approve Zone Change/3764 Jackson Street FIRST READING MOTION:SUSPEND RULES FOR CONSIDERATION (Castle; second, F. Tower) CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris MOTION:ADOPT (Castle; second, F. Tower) CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris Ordinance 04-182Authorize Alternates/Board of Review FIRST READING; LAID OVER UNDER THE RULES Resolution 04-183Authorize Borrowing/Riverside Park Expansion MOTION:ADOPT (Castle; second, F. Tower) MOTION:AMEND $700,555. TO NOT EXCEED $2,000,000. (Castle; second, F. Tower) LOST:Ayes (3) Mattox, Castle, Harris; Noes (4) B. Tower, Poeschl, Esslinger, F. Tower MOTION:AMEND $700,555. TO NOT EXCEED 1,400,000. (B. Tower; second, F. Tower) CARRIED:Ayes (5) B. Tower, F. Tower, Mattox, Castle, Harris; Noes (2) Poeschl, Esslinger VOTE ON RESOLUTION AS AMENDED: CARRIED:Ayes (5) B. Tower, F. Tower, Mattox, Castle, Harris; Noes (2) Poeschl, Esslinger Council Member Poeschl stated he would not support the resolution due to budget concerns. Council Member Castle stated the amphitheater would bring people to the area. 5 Council Member B. Tower asked for clarification of the cap amounts. Mr. Wollangk responded. Proceedings of the Common Council –May 25, 2004 Council Member Mattox questioned what the amounts would be in terms for a taxpayer. She stated the project was a good investment for the community and a wonderful use of the property. Council Member Esslinger expressed his concerns regarding the amount of money and stated the funds could be used for other needs in the community. He explained he was looking out for the taxpayers best interest. Mayor Harris expressed the plan would stimulate the growth in the downtown area and help pay the initial investment. Mr. Wollangk responded. Council Member B. Tower expressed his concerns regarding the project and stated he would support up to 1.4 million. Council took a ten-minute break 8:40 p.m. Resolution 04-184Approve Combination “Class B” License Ordinance MOTION:ADOPT (Esslinger; second, Castle) MOTION:AMEND TO DELETE APPLICANTS A, B, D, E, F & H (F. Tower; second, Poeschl) WITHDRAWN MOTION:AMEND TO DELETE APPLICANTS D, E, F & H (Poeschl; second, F. Tower) CARRIED:Ayes (6) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle Present (1) Harris MOTION:AMEND TO DELETE APPLICANTS B & C (Castle; no second) LOST:LACK OF SECOND MOTION:AMEND TO DELETE APPLICANTS A & C (Esslinger; second, Poeschl) CARRIED:Ayes (4) B. Tower, Poeschl, Esslinger, Mattox; Noes (2) F. Tower, Castle; 6 Present (1) Harris VOTE ON RESOLUTION AS AMENDED: CARRIED:Ayes (6) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle; Present (1) Harris Proceedings of the Common Council –May 25, 2004 Council Member F. Tower stated that all the ideas were wonderful but felt the license should have never left the building at 2015 Harrison Street Council Member Esslinger questioned if there would be legal issues if the license was granted to a new location. Mr. Kraft responded. Council Member Mattox asked various questions of the applicants, who was ready to use the license immediately and who had visions to open in the future. Ms. Ubrig responded. Council Member Esslinger stated all the applicants had merits and their visions would impact the community. He thanked Fever Pitch for their great presentation. Council Member Poeschl stated that all the applicants did a great job but explained he felt the license should stay at 2015 Harrison Street. Council Member B. Tower questioned how quickly the license would be used and what would have the greatest impact on the community. After the resolution was amended to grant Fever Pitch the license he wished them luck and hoped they used the license in an expedient manner. Council Member Castle stated he would not support granting the license to Fever Pitch and felt that Durango’s deserved the license since they were already open and ready to use the license. Citizen Statements Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding the community. James Keskinen, 1033 Arthur Avenue, stated various concerns regarding the budget. David Lynch, 310 S. Eagle Street, expressed his concerns regarding underage smoking. Ken Bender, 806 Oak Street, expressed various concerns regarding the community. 7 Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding the new smoking ordinance. Proceedings of the Common Council –May 25, 2004 Council Member Statements Council Member Esslinger explained that the decisions he makes are in the best interest of the community. He thanked Mr. Wollangk; Mr. Horton and city staff for their hard work during the recent heavy rains. Council Member Mattox discussed various events in the community. She wished the new Exclusive Company luck at their new location. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk stated the Oregon Street Bridge would be closed on May 26, 2004. He stated that due to the unusual amount of rain in the past few days the cemetery lawn would be mowed as soon as possible. He requested Council to schedule a workshop on th June 8 to discuss the ambulance situation. MOTION:CONVENE INTO CLOSED SESSION IN THE CITY MANAGER'S OFFICE TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE IN THE SOUTHWEST INDUSTRIAL PARK; AND, TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING THE PURCHASE OF PUBLIC LAND RIGHT OF WAY – EICHSTADT ROAD PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES. (F. Tower; second, Esslinger) CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, Tower, Mattox, Castle, Harris There was no other business before the Council. MOTION:ADJOURN (Castle; second, Esslinger) CARRIED:VOICE VOTE The meeting adjourned at 9:45 p.m. 8 PAMELA R. UBRIG CITY CLERK 9