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HomeMy WebLinkAboutMinutes PCC 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 1 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 2 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. 3 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 4 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 5 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 6 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. 7 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 8 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 9