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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, July 13, 2004 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Harris presided.
PRESENT: Council Members Frank Tower, Shirley Mattox, William Castle, Burk Tower,
Brian Poeschl, Paul Esslinger, and Mark Harris
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member F. Tower read the Invocation.
The Pledge of Allegiance was led by Council Member F. Tower.
Public Hearing
The Mayor ordered the following Public Hearing:
Amended Final Resolution / Concrete Paving, Utilities and Sidewalk / Various
Streets / Contract No. 03-03
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the June 22, July 8 and 9, 2004 meetings were presented as written.
The Report of the City Manager was read.
James Keskinen, 1033 Arthur Avenue, asked various questions regarding events on the
City Managers Report.
Mr. Wollangk responded.
The bills were presented in the amount of $5,628,889.96.
The Report of the City Clerk was read.
James Keskinen, 1033 Arthur Avenue, questioned the complaint against the Oshkosh
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Community Access Television.
Proceedings of the Common Council –July 13, 2004
Ms. Ubrig responded.
Resolution 04-223Grant Conditional Use Permit / 405 Washington Avenue
Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding future plans at 405
Washington Avenue.
Ken Bender, 806 Oak Street, explained the purpose of the school and future plans.
Gordon Doule, 12245 Summit Avenue, encouraged the Council to support the resolution.
Ron Heileman, Superintendent of Schools, 1200 Washington Avenue, gave a brief
explanation of the plans the school district had for the building.
Mayor Harris stated his concerns regarding the parking lot near the railroad tracks.
Resolution 04-224Vacate Easement; Accept Easement / City Center & Park Plaza
Hotel
Resolution 04-225Grant Privilege in Street; Grant Easements / High Avenue
Resolution 04-226Amended Final Resolution / Concrete Paving, Utilities and
Sidewalk / Various Streets / Contract No. 03-03
Resolution 04-227Approve Change Order No. 1 / Public Works Contract No. 03-04
(Selmer Company, Green Bay)
Resolution 04-228Approve Revised Agreement / Department of Transportation /
Wisconsin Street Bridge
Resolution 04-229Approve Initial Resolution / Asphalt Mill & Overlay, Sidewalk
Repair, Concrete Drive Approach / Various Streets
Resolution 04-230Approve Initial Resolution / Utilities, Sidewalk & Concrete Paving
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(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
Resolution 04-231Accept & Approve Waiver of Special Assessment Notices &
Hearing in Connection with Improvements
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
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Proceedings of the Common Council –July 13, 2004
Resolution 04-232Approve Developer Agreement
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
Resolution 04-233Approve Final Resolution / Utilities, Sidewalk & Concrete Paving
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
Resolution 04-234Approve Final Plat
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
Resolution 04-235Disallow Claim / Clark
Resolution 04-236Disallow Claim / Frank & Stevens
Resolution 04-237Disallow Claim / Gray
Resolution 04-238Disallow Claim / Gunderson
Resolution 04-239Disallow Claim / Vassar
Resolution 04-240Approve Miscellaneous City Licenses
James Keskinen, 1033 Arthur Avenue, expressed concerns regarding Special Class “B”
Licenses.
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 04-228
(Castle; second, Esslinger)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Resolution 04-228Approve Revised Agreement / Department of Transportation /
Wisconsin Street Bridge
MOTION:ADOPT (Castle; second, F. Tower)
MOTION:AMEND TO REMOVE DECORATIVE LIGHTING & COLORED
SIDEWALKS (Esslinger; second, Poeschl)
LOST:Ayes (2) Poeschl, Esslinger;
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Noes (5) F.Tower, Mattox, Castle, B. Tower, Harris
Proceedings of the Common Council –July 13, 2004
VOTE ON ORIGINAL RESOLUTION:
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Council Member Esslinger questioned the cost for special lighting and colored concrete.
He stated he would not vote in favor of the extra costs but was in favor of the project.
Mr. Patek responded.
Council Member Castle stated he would not support the amendment.
Council Member Mattox stated the cost was justified due to the bridge would function for a
long time.
Council Member Poeschl explained the decorative lighting was not needed and stated he
would not support the amendment.
Mayor Harris explained that a bridge is a significant architectural statement for a
community.
Public Agenda Discussion
Ordinance 04-241Approve Parking Regulations
Ken Bender, 806 Oak Street, expressed his concerns regarding fees for downtown parking.
Resolution 04-247Set Referendum / Charter Ordinance / Elect Mayor
Ken Bender, 806 Oak Street, stated the community needs a new way of electing Mayor.
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Matt Heltz, 533 W. 12 Avenue, expressed his concern regarding a lack of leadership in
the City. He stated there needed to be a change with the election of Mayor.
Hugh Carver, 1121 Merritt Avenue, stated having two questions on the ballot to elect a
Mayor would confuse the voters.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding the resolution.
Jim James, owner of Oshkosh Marine Supply, 3515 N. Main Street, stated there was a lot
of frustration in the community and explained the Council needed to get involved to see
what the citizens want.
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Dan Rylance, 602 E. Parkway Avenue, stated Council needed to look at the “big picture”
and this was a good opportunity to make compromises.
Proceedings of the Common Council –July 13, 2004
Robert Cornell, 548 W. Smith Avenue, explained there was not enough substance in the
resolution to vote on and stated it needed to be worked on.
Stephen Hintz, 559 Hazel Street, stated his concerns on both proposals.
Council Member F. Tower explained that his proposal was initiated by Mr. Hintz when he
was Mayor with little change.
Council Member Esslinger questioned various issues in the resolution.
Mayor Harris asked various questions of Mr. Hintz regarding appointments to boards and
the plan commission.
Mr. Hintz responded.
James Keskinen, 1033 Arthur Avenue, expressed his concerns regarding the change.
Resolution 04-248Set Referendum / Charter Ordinance to Elect Mayor & Establish
Powers & Duties
Ken Bender, 806 Oak Street, explained he agreed with most of the proposal but stated
parts were confusing. He stated that the Mayor should be on the Plan Commission.
Mark Schumerth, 758 Grove Street, explained that the present system works for the
community. He stated various concerns regarding the proposal.
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Matt Heltz, 533 W. 12 Avenue, explained there needed to be leadership in the
community.
Hugh Carver, 1121 Merritt Avenue, stated he would like to see an elected Mayor.
Brian Bain, 2573 W. Waukau Avenue, stated his support of the Mayor being elected at
large. He explained that the Council represents the entire city and urged the Council to
inform the voters.
Robert Cornell, 548 W. Smith Avenue, explained that he was in favor of an elected Mayor
but had concerns regarding veto power. He stated the resolution needed to be fine-tuned.
Dan Rylance, 602 E Parkway Avenue, explained having two referendum questions on the
ballot would confuse the public.
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James Keskinen, 1033 Arthur Avenue, stated an elected Mayor was needed.
Proceedings of the Common Council –July 13, 2004
Action Taken on Ordinances and Resolutions
Ordinance 04-241Approve Parking Regulations
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Ordinance 04-242Authorize Alternates/Museum Board
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Ordinance 04-243Approve Jennerman Annexation
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-244Establish Street Grades
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
FIRST READING
MOTION:SUSPEND RULES FOR CONSIDERATION (F. Tower; second,
Castle)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
MOTION:ADOPT (Poeschl; second, F. Tower)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Ordinance 04-245Authorize Public Construction
st
(A) 1 Addition to Island View Estates
(B) Withdrawn per Request of Developer
(C) Stoney Beach West Subdivision
FIRST READING
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MOTION:SUSPEND RULES FOR CONSIDERATION (F. Tower; second,
Esslinger)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Proceedings of the Common Council –July 13, 2004
MOTION:ADOPT (Poeschl; second, F. Tower)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Resolution 04-246Authorize Borrowing / State Trust Fund
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) F. Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger,
Harris
Resolution 04-247Set Referendum / Charter Ordinance / Elect Mayor
MOTION:ADOPT (Esslinger; second, F. Tower)
LOST:Ayes (3) F. Tower, Poeschl, Esslinger;
Noes (4) Mattox, Castle, B. Tower, Harris
Council Member F. Tower explained each item in his proposal.
Council Member Esslinger stated the voters should decide on the Mayor and explained he
would support the resolution.
Council Member B. Tower stated he would not support either proposal. He explained
more citizen input was needed before a change could happen.
Mayor Harris stated he was in favor of the Mayor being elected at large but was
concerned with the Mayor’s duties and term of office. He suggested waiting to see if a
petition was filed for direct legislation before a decision would be made.
Council Member Mattox expressed her concerns regarding the voters being informed.
She stated both proposals should be voted down at this time.
Council Member Poeschl explained the Council should decide on this issue instead of
letting it linger.
Mayor Harris questioned Council Member Esslinger on his previous votes regarding
spending.
Council Member Esslinger responded.
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Resolution 04-248Set Referendum / Charter Ordinance to Elect Mayor & Establish
Powers & Duties
MOTION:ADOPT (Castle; second, Poeschl)
LOST:Ayes (2) Poeschl, Esslinger;
Noes (5) F. Tower, Mattox, Castle, B. Tower, Harris
Proceedings of the Common Council –July 13, 2004
Council Member Esslinger stated he was open to amendments for his proposal.
Citizen Statements
Ken Bender, 806 Oak Street, stated various concerns regarding projects in the
community.
Jim Keskinen, 1033 Arthur Avenue, expressed his concerns regarding priorities of the
community.
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Matt Heltz, 533 W. 12 Avenue, stated he was disappointed with Council action. He
explained that he had damage from a sewer backup relating to the June 11, 2004 storm.
Gordon Doule, 1225 Summit Avenue, expressed various concerns regarding safety of
the community.
Robert Cornell, 548 Smith Avenue, requested that the Fourth of July Parade in 2005 be
later in the day. He suggested Citizen Statements be removed from Council meetings.
Mark Schumerth, 758 Grove Street, thanked the Council for their decisions to defeat both
proposals to elect Mayor.
Lois Sagmeister, 3035 Shadow Lane, gave a history of sewage backups in their
basement. She questioned why this continues to happen and why there is no cooperation
of staff.
Mayor Harris asked various questions.
Alvin Sagmeister, 3035 Shadow Lane, expressed various concerns regarding sewage in
his basement.
Council Member Statements
Council Member Poeschl gave a brief explanation of Sawdust Days and their involvement
in the community.
Council Member Esslinger questioned the movies being shown in Grand Opera House
rd
Square. He expressed his concerns regarding the fireworks being on the 3 of July
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instead of the 4 of July. He also urged staff to put funds in the budget for the 2005
fireworks.
Council Member Mattox questioned the process for citizens to file a claim. She explained
that although Council does not always agree, they try to do good for the community.
Mr. Wollangk responded.
Proceedings of the Common Council –July 13, 2004
Council Member B. Tower questioned what the process was for the complaint against the
Cable Commission.
Mayor Harris thanked the Sawdust Days Organization for their hard work during the
recent celebration and Festival Foods for donating the fireworks show.
Whatever Else is Pertinent or for the Good of the City
There was no other business before the Council.
MOTION:ADJOURN (Castle; second, F. Tower)
CARRIED:VOICE VOTE
The meeting adjourned at 9:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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