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HomeMy WebLinkAboutMinutes 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. 1 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 2 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. 3 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. 4 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. 5 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. 6 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. 7 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. 8 PAMELA R. UBRIG CITY CLERK 9