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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday, June 22, 2004 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Harris presided.
PRESENT: Council Members Paul Esslinger, Frank Tower, Shirley Mattox, William
Castle, Burk Tower, Brian Poeschl, 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 Esslinger read the Invocation.
The Pledge of Allegiance was led by Karlie Schmude and Gabby Berger from Martin Luther
Evangelical Lutheran School.
Public Hearing
The Mayor ordered the following Public Hearing:
Amended Final Resolution/Concrete Paving, Utilities and SidewalkNarious Streets
(Contract #03-03)
Ken Bender, 806 Oak Street, questioned why this was before Council again.
Mr. Wollangk responded.
Jim Keskinen, 1033 Arthur Avenue, expressed his concerns regarding ramps for disabled
individuals.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the June 8,2004 meeting were presented as written.
The Report of the City Manager was read.
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Proceedings of the Common Council-June 22, 2004
The bills were presented in the amount of $6,386,908.80.
The Report of the City Clerk was read.
Resolution 04-203
Grant Conditional Use Permits/Approve Final Planned
Developments
A) 1000 Pioneer Drive
B) Planeview Drive and State Road 26
C) 913 Oregon Street
Council Member Mattox asked various questions regarding the building and parking
spaces on Plainview Drive.
Council Member Castle questioned the approval of 20 spaces for parking and the need for
more in the future.
Darryn Burich, Director of Planning Services, responded.
Resolution 04-204
Resolution 04-205
Resolution 04-206
Resolution 04-207
Vacate Easement/Myrna Jane Drive
Dedicate Street Right-of-Way/Harrison Street
Determination of Necessity to Acquire Property for Right-of Way
Purposes/ West Fernau Avenue Extended
Determination of Necessity to Acquire Property/South Washburn
Street and McClone Drive
Council Member Mattox questioned the design standards and location of the property on
Washburn Street.
Mr. Patek responded.
Resolution 04-208
Resolution 04-209
Amended Final Resolution/Concrete Paving, Utilities and
SidewalkNarious Streets (Contract #03-03)
Award Bid/4 Wheel Drive Font End Loader/Street Division
(Brooks Tractor, De Pere, $119,886.00)
Hugh Carver, 1121 Merritt Avenue, urged Council to put off the purchase at this time.
Resolution 04-210
Approve Sidewalk Program
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Proceedings of the Common Council-June 22, 2004
Resolution 04-211
Approve Winnebago County Solid Waste Ballots
Council Member B. Tower asked for furthur explanation.
Mr. Wollangk responded.
Resolution 04-212
Approve Miscellaneous City Licenses
MOTION:
CARRIED:
ADOPT CONSENT AGENDA (Castle; second, F. Tower)
Ayes (7) Esslinger, F. Tower, Mattox, Castle, B.Tower, Poeschl,
Harris
Public Agenda Discussion
Ordinance 04-214
Approve Zone Change/UW-Oshkosh Campus Area
Bernard Pitz, 617 W. Irving Avenue, expressed his concerns regarding the zone change.
Ordinance 04-215
Approve Charter Ordinance/Amend Mayor Selection
Robert Cornell, 548 W. Smith Avenue, thanked Council Member Poeschl for bringing the
issue forward and state that the Mayor should be elected at large but the proposal had flaws.
Gordon Doule, 1225 Summit Avenue, stated that the Mayor selection should be elected with
aldermanic districts.
Hugh Carver, 1121 Merritt Avenue, stated he supported the change for Mayor selection.
James Keskinen, 1033 Arthur Avenue, expressed his concerns regarding the ordinance.
Bryan Bain, 2573 Waukau Avenue, stated various reasons why he was opposed to the
proposed change of Mayor election and questioned how this proposal would improve the
community.
Resolution 04-219
Grant Conditional Use Permit/Approve Final Planned
Development/2351 Westowne Avenue
Mark Konop, 251 E. Main Street, Omro, explained the proposed kiosk for the parking lot at
Menards.
Council Member Esslinger asked various questions regarding the site plan.
Council Member Castle questioned if there was an electrical agreement with Menards.
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Proceedings of the Common Council-June 22, 2004
Council Member Poeschl questioned if needed how much time it would take to move to
another location.
Council Member Mattox questioned if the locations were ever located in pedestrian areas.
Resolution 04-220
Amend 2004 Business Improvement District Operating Plan
James Keskinen, 1033 Arthur Avenue, stated he did not agree with having non-city
residents on the board.
Action Taken on Ordinances and Resolutions
Ordinance 04-213
MOTION:
CARRIED:
Ordinance 04-214
MOTION:
CARRIED:
Approve Zone Change/1000 Pioneer Drive
ADOPT (Esslinger; second, Castle)
Ayes (7) Esslinger, F. Tower, Mattox, Castle, B.Tower, Poeschl,
Harris
Approve Zone Change/UW-Oshkosh Campus Area
ADOPT (F. Tower; second, Esslinger)
Ayes (5) Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl;
Present (1) B. Tower
Council Member Castle questioned the zoning regualtions regarding the change.
Mr. Burich responded.
Ordinance 04-215
MOTION:
LOST:
Approve Charter Ordinance/Amend Mayor Selection
ADOPT (F. Tower; second, Poeschl)
Ayes (2) Esslinger, Poeschl;
Noes (5) F. Tower, Mattox, Castle, B. Tower, Harris
Council Member F. Tower stated he had many concerns and would not support the
ordinance.
Council Member Poeschl stated his reasons for bringing the proposed ordinance before
the Council. He stated a change was needed, that there would be not be any further cost
to the City.
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Proceedings of the Common Council-June 22, 2004
Council Member B. Tower expressed his concerns regarding the proposal and
questionedhow the City would benefit.
Council Member Castle stated he was opposed to the change, there were various issues
that needed discussion.
Council Member Mattox stated the Mayor should have a vision for the community.
Council Member Esslinger explained various issues regarding the ordinance and the
intent to get representation for the community.
Mayor Harris explained his concerns and the risks involved in changing the Mayor
selection.
Ordinance 04-216
MOTION:
MOTION:
CARRIED:
Approve Charter Ordinance/Change Titles of Mayor & Deputy Mayor
to Council President & Council Vice President
ADOPT (F. Tower; second, Esslinger)
AMEND SECTION 2 - THE CHANGE OF TITLE SHALL AFFECT
THOSE OFFICERS ELECTED AT THE COUNCIL'S NEXT
ORGANIZATIONAL MEETING (I.E. APRIL 19, 2005;) EXCEPT
THAT, IF CHAPTER 2 OF THIS CODE IS AMENDED BY
REFERENDUM TO NOMINATE AND ELECT A MAYOR FROM THE
CITY AT LARGE, THEN THIS ORDINANCE SHALL BE
AUTOMATICALLY REPEALED AND SHALL HAVE NO LEGAL
EFFECT WHATSOEVER. (Mattox; second, F. Tower)
Ayes (7) Esslinger, F. Tower, Mattox, Castle, B.Tower, Poeschl,
Harris
VOTE ON ORDINANCE AS AMENDED:
LOST: Ayes (2) F. Tower, Mattox;
Noes (5) Esslinger, Castle, B. Tower, Poeschl, Harris
Council Member Mattox explained the title of Mayor was mis-leading to the community.
Council Member Esslinger stated he would not support the change.
Council Member F. Tower explained this was the way it was in the past and that the titles
reflect the positions.
Council Member B. Tower stated he would not support the change.
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Proceedings of the Common Council-June 22, 2004
Council Member Castle stated the title of Mayor represents the positon better than the title
of President.
Mayor Harris explained that the title of Mayor was more appropriate represention of the
position.
Ordinance 04-217
Approve Parking Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-218
Authorize Alternates/Museum Board
FIRST READING; LAID OVER UNDER THE RULES
Resolution 04-219 Grant Conditional Use Permit/Approve Final Planned
Development/2351 Westowne Avenue
MOTION:
ADOPT (F. Tower; second, Poeschl)
MOTION:
AMEND TO ADD FOR ONE YEAR FROM DATE OF OPENING
(Castle; second, F. Tower)
Ayes (6) Esslinger, Mattox, Castle, B. Tower, F. Tower;
Noes (1) Harris
CARRIED:
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (5) Esslinger, F. Tower, Castle, B. Tower, Poeschl;
Noes (2) Mattox, Harris
Council Member F. Tower questioned if the Conditional Use Permit could be modified for
a shorter use of time.
Council Member Esslinger stated he would support the resolution.
Council Member Mattox questioned how this would affect future outlots in the area.
Council Member Castle questioned if they wanted to relocate would this have to be
presented before Council.
Mr. Burich responded.
Mayor Harris stated he opposed the kiosk fearing this would be a trend of the future.
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Proceedings of the Common Council-June 22, 2004
Resolution 04-220
Amend 2004 Business Improvement District Operating Plan
MOTION:
ADOPT (F. Tower; second, Esslinger)
MOTION:
LOST:
AMEND TO RESTRICT THE BOARD TO 50% NON-RESIDENTS
(B. Tower; second, Esslinger)
Ayes (3) Esslinger, Castle, B. Tower
Noes (4) Tower, Mattox, Poeschl, Harris
VOTE ON MOTION TO ADOPT:
CARRIED: Ayes (6) Esslinger, F. Tower, Mattox, Castle, B. Tower, Harris;
Noes (1) Poeschl
Council Member F. Tower questioned if the Business Improvement District provides funds
to the City through the Parking Utility.
Council Member Esslinger questioned if any tax dollars were being spent without Council
approval.
Council Member Mattox explained that the Business Improvement District is a group of
people doing good for the community.
Council Member B. Tower questioned the amount of non-residents on the board. He
stated there should be enough individuals in the City to serve on the Board.
Mayor Harris questioned what the Business Improvement District Board receives from the
city.
Mr. Wollangk responded.
Council Member Poeschl expressed his concerns regarding the board members being
non-residents.
Citizen Statements
Steve Bender, 810 Hawk Street, expressed his displeasure with loss due to sewer
backup.
Ken Bender, 806 Oak Street, stated his concerns regarding water flow during heavy rains.
Michael Watkins, 1521 Westhaven Drive, expressed his concerns regarding funds being
available for sewer backup and flood damage.
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Proceedings of the Common Council-June 22, 2004
James Keskinenm, 1033 Arthur Avenue, expressed his various concerns in the
community.
Robert Cornell, 548 W. Smith Avenue, suggested eliminating Citizen Statements from the
Council meeting.
Council Member Statements
Council Member Esslinger stated that Mr. Watkins letter needed to be addressed at the
next Council meeting. He also stated his concerns regarding recent editorials about the
downtown area.
Council Member Poeschl urged the community to enjoy events coming up in the city.
Council Member F. Tower stated he would like to see a workshop at the next Council
Council Member Mattox discussed various events in the community.
Mayor Harris questioned where the sewage comes from when a basement backs up.
Mr. Wollangk responded.
Mr. Patek responded.
Council Member Castle questioned why the fireworks were on the July 3rd instead of the
July 4th.
Mr. Wollangk responded.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk reminded Council Members that they were welcome to participate in the 4th
of July parade.
There was no other business before the Council.
MOTION:
CARRIED:
ADJOURN (Castle; second, F. Tower)
VOICE VOTE
The meeting adjourned at 9:27 p.m.
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PAMELA R. UBRIG
CITY CLERK
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