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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, November 23, 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 Alex Taylor and Michael Taylor from Lincoln
Elementary School; and, Jordan Geffers and Matthew Holtz from Oshkosh Christian
School.
Mayor Harris gave an accommodation to the Pride of Oshkosh Lions project. He thanked
the anonymous donor for the lion donated to the City.
Public Hearing
The Mayor ordered the following Public Hearing:
Zone Change / Stoney Beach Subdivision
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the November 9, 2004 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $ 4,364,004.31.
The Report of the City Clerk was read.
Resolution 04-426Approve Parking Agreement; Adopt 2005 Operating Plan /
Business Improvement District
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Proceedings of the Common Council –November 23, 2004
Council Member Esslinger questioned the amount of funds to be paid back to the parking
utility.
Mr. Wollangk responded.
Resolution 04-427Authorize Submittal of Wisconsin Department of Natural
Resources Brownfield Site Assessment Grant Applications
Resolution 04-428Vacate Easement; Grant Easement / Abe Rochlin Park
Resolution 04-429Authorize Land Disposition; Approve Developer Agreement
Terms; Grant Conditional Use Permit; Approve Final Planned
Development / Parcel G – Marion Road / Pearl Avenue
Redevelopment Project Area
Bernie Pitz, 617 W. Irving Avenue, expressed his concerns regarding the number of
apartments being built and the number of vacancies. He urged the Council to look at the
project closely.
Ken Bender, 806 Oak Street, explained he was not against development just against
unnecessary spending of tax dollars.
Peter Jungbacker, representing the developer, reported the status and time line of the
project.
Resolution 04-430Approve Change Order No. 1 / Public Works Contract No. 04-06
/ Concrete Sidewalk Construction (Fischer-Ulman, Appleton,
$22,923.42)
Resolution 04-431Approve Permit Fees / Yard Waste Disposal Site
Ken Bender, 806 Oak Street, expressed his opposition for charging to use this site.
Resolution 04-432Disallow Claim / Morasch
Resolution 04-433Disallow Claim / Spannbauer
Resolution 04-434Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
04-428, 04-429 AND 04-431(Esslinger; second, F. Tower)
CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
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Proceedings of the Common Council –November 23, 2004
Resolution 04-428Vacate Easement; Grant Easement / Abe Rochlin Park
MOTION:ADOPT (F. Tower; second, Castle)
CARRIED:Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Present (1) Poeschl
Council Member Poeschl explained due to his employer involved in this easement he
would vote present.
Resolution 04-429Authorize Land Disposition; Approve Developer Agreement
Terms; Grant Conditional Use Permit; Approve Final Planned
Development / Parcel G – Marion Road / Pearl Avenue
Redevelopment Project Area
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (5) B. Tower, F. Tower, Mattox, Castle, Harris;
Noes (2) Poeschl, Esslinger
Council Member Poeschl asked for an explanation of how the funds were used in the tax
increment district. He expressed his concerns regarding rental vacancies. He stated he
would not support the resolution.
Mr. Wollangk responded.
Council Member Esslinger questioned the proposed development of the Phase II and the
time frame for the project. He also questioned what the options were for developing the
area into individual parcels verses the entire area as one. He expressed his concerns
regarding environmental issues and if the project was right for this site.
Council Member B. Tower questioned the two variances requested.
Council Member Mattox questioned the plans for green space and landscaping in the area
of the project.
Mayor Harris explained that a street wall would be a positive feature for the redevelopment
area. He stated the Redevelopment Authority was concerned with Phase I at this time.
Mr. Kinney, Director of Community Development responded.
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Proceedings of the Common Council –November 23, 2004
Resolution 04-431Approve Permit Fees / Yard Waste Disposal Site
MOTION:ADOPT (F. Tower; second, Esslinger)
MOTION:AMEND THE RESIDENT FEE FROM $20.00 TO $15.00
(Esslinger; second, Poeschl)
CARRIED:Ayes (4) Poeschl, Esslinger, Mattox, Harris;
Noes (3) F. Tower, Castle, B. Tower
MOTION:AMEND PERMIT FROM 1 YEAR TO 3 YEARS (Harris; no
second)
LOST:LACK OF SECOND
VOTE ON RESOLUTION AS AMENDED:
CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
Council Member Mattox questioned if citizens could purchase compost or woodchips.
Council Member Castle questioned if a permit was needed to pickup woodchips.
Mr. Patek responded.
Council Member Poeschl stated the fee at this time was sufficient and would not support
the amendment.
Council Member B. Tower questioned the number of non-resident permits issued for 2004.
Mr. Wollangk responded.
Mayor Harris stated he would like to see the permit issued for a 3-year time frame.
Council Member Esslinger questioned staff about a 3-year permit.
Public Agenda Discussion
Ordinance 04-435 Amend Regulations / Large Item Pickup
Ken Bender, 806 Oak Street, expressed his concerns that permits were needed to pickup
large items.
Resolution 04-438Approve 2005 Capital Improvement Program
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Ron Abitz, 1125 Canterbury Drive, expressed his concerns regarding the expenditures in
the Capital Improvement Program.
Proceedings of the Common Council –November 23, 2004
Action Taken on Ordinances and Resolutions
Ordinance 04-435 Amend Regulations / Large Item Pickup
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
Council Member Poeschl stated other communities also have fees for pick-ups.
Ordinance 04-436 Approve Zone Change / Stoney Beach West Subdivision
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 04-437 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 04-438Approve 2005 Capital Improvement Program
MOTION:ADOPT (F. Tower; second, Esslinger)
MOTION:AMEND BY MOVING THE WOOD CHIPPER FROM THE
OPERATING BUDGET TO THE CAPITAL IMPROVEMENT
PROGRAM (Castle; second, Mattox)
LOST:Ayes (3) Poeschl, Mattox, Castle;
Noes (4) B. Tower, Esslinger, F. Tower, Harris
VOTE ON ORIGINAL RESOLUTION
CARRIED:Ayes (5) F. Tower, Mattox, Castle, B. Tower, Harris;
Noes (2) Poeschl, Esslinger
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Council Member Castle stated he felt the wood chipper should be moved from the budget to
the Capital Improvement Program. He questioned the funding of the restrooms at the
amphitheater park.
Proceedings of the Common Council –November 23, 2004
Council Member F. Tower questioned the warranty and life span of the wood chipper.
Council Member Mattox stated that the current wood chipper was used for the clean up of
the storm of 2001. She explained that the Riverside Amphitheater was a good investment
for the community and would be here for many years to come.
Council Member Esslinger stated he would rather pay for the wood chipper now instead of
financing it. He stated he was not proud of the Capital Improvement Program.
Mayor Harris explained the general fund had grown and stated using a portion to remodel
the Safety Building was a good investment.
Council Member Poeschl stated there were many items in the Capital Improvement
Program that he did not support and that he would like to see Pollock Pool open in the
future.
Mr. Wollangk responded.
Resolution 04-439Adopt 2005 City Budget
MOTION:ADOPT (F. Tower; second, Castle)
MOTION:AMEND FUND EQUITY TO PURCHASE MINOR EQUIPMENT
FOR POLICE DEPARTMENT-$21,800 (Castle; second,
Esslinger)
WITHDRAWN
MOTION:AMEND RECYCLING BUDGET TO DECREASE REVENUE
FROM PERMIT FEES (Castle; second, Esslinger)
WITHDRAWN
VOTE ON ORIGINAL RESOLUTION
CARRIED:Ayes (5) B. Tower, F. Tower, Mattox, Castle, Harris;
Noes (2) Poeschl, Esslinger
Council Member Esslinger stated he would like to see the salaries of non-represented
employees frozen at a 3% increase.
Council Member Poeschl questioned if smaller bulb wattages could be used in street lights
to save money. He stated he did not support a salary increase for non-representative
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employees.
Mr. Huddleston, Director of Transit, responded.
Proceedings of the Common Council –November 23, 2004
Council Member Castle questioned if when the street light bulbs burn out, could they be
changed to a lower wattage at that time to avoid the cost the changing all of lights bulbs at
once. He stated he would like to see more funds to make up for the loss of revenue from
the recycling center.
Council Member Mattox stated she contacted other communities and they also had cut
back on their street lights. She explained how the police department was in need of the
remodeling.
Council Member B. Tower questioned if the fund equity amount would be a one-time
expenditure.
Council Member F. Tower stated he would not support the one-time items from the general
fund.
Resolution 04-440Approve 2004 Tax Levy
MOTION:ADOPT (F. Tower; second, Castle)
CARRIED:Ayes (6) B. Tower, Poeschl, F. Tower, Mattox, Castle, Harris;
Noes (1) Esslinger
Resolution 04-441Adopt 2004 Tax Rates & Levy
MOTION:ADOPT (F. Tower; second, Castle)
CARRIED: Ayes (5) B. Tower, F. Tower, Mattox, Castle, Harris;
Noes (2) Poeschl, Esslinger
Resolution 04-442Grant Conditional Use Permit / 716 Oregon Street
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris;
Present (1) B. Tower
Council Member B. Tower explained he would vote present due to the permit was being
requested by relatives.
Council Member Esslinger explained that the individuals were using their own funds to get the
building back to its original state and wished them good luck.
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Citizen Statements
Andre Beisinger, 915 S. Main Street, expressed his concerns regarding the inspection and
fire departments.
Eugene Winkler, 610 N. Eagle Street, explained he lived across from Pollock Pool and
would like to see the property returned to a natural state.
Proceedings of the Common Council –November 23, 2004
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding the community.
Ken Bender, 806 Oak Street, stated various concerns in the community.
Daniel Lynch, 310 S. Eagle Street, expressed his concerns regarding smoking issues.
Council Member Statements
Council Member Esslinger questioned if citizens could speak on an issue when Council
proposed an amendment. He thanked the Fire Department for collecting toys and non-
perishable food for charity.
Council Member B. Tower stated this was the first budget he was part of and thanked the
City Manager and staff for trying to keep the costs down. He challenged all involved to look
at alternative ways of doing services.
Council Member Poeschl stated this was his second budget and it was a difficult process
but thanked staff for their help.
Council Member Mattox stated there was a new exhibit open at the Oshkosh Public
Museum on the history of sports in Oshkosh. She explained that uniform house number
plates were available through the Public Works Department at no charge.
Mayor Harris informed the community that Celebration of Lights started November 24,
2004. He stated he would not be seeking the positions of Mayor or Council Member in the
spring 2005 election.
Whatever Else is Pertinent or for the Good of the City
MOTION:CONVENE INTO CLOSED SESSION IN THE CITY
MANAGER'S OFFICE TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE FOR DELIBERATING AND
NEGOTIATING A LAND PURCHASE IN THE SOUTHWEST
INDUSTRIAL PARK PURSUANT TO SECTION 19.85(1)(E)
OF THE WISCONSIN STATE STATUTES. (F. Tower;
second, Esslinger)
CARRIED:Ayes (7) B. Tower, Esslinger, F. Tower, Mattox, Castle,
B. Tower, Harris
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There was no other business before the Council.
MOTION:ADJOURN (Castle; second, F. Tower)
CARRIED:VOICE VOTE
The meeting adjourned at 8:55 p.m.
PAMELA R. UBRIG
CITY CLERK
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