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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO, W ITY OF SHKOSHISCONSIN REGULAR MEETING held Tuesday, May 10, 2005 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members Meredith Scheuermann, Burk Tower, Bryan Bain, Paul Esslinger, Shirley Mattox and William Castle EXCUSED: Council Member Frank Tower ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and Scott Erickson, Assistant Director of Public Works Council Member Scheuermann read the Invocation. The Pledge of Allegiance was led by Abi Anderson and Brandon Sheppard from Washington Elementary School; and, Kara Heider and Joanna Abderholden from Read Elementary School On behalf of the Landmarks Commission, Mayor Castle and Council Member Mattox presented the Acanthus Awards to Brooklyn Real Estate LLC, Oshkosh Public Library Board, Augie Tiedje and Dan Radig. Public Hearings The Mayor ordered the following Public Hearing: Approve Final Resolution / Concrete Driveway Approaches There were no appearances and the Public Hearing was CLOSED. Approve Final Resolution / Cold-Mix Asphalt Overlay There were no appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the April 26, 2005 meetings were presented as written. The Report of the City Manager was read. 1 Proceedings of the Common Council – May 10, 2005 The bills were presented in the amount of $5,381,405.10. The Report of the City Clerk was read. Resolution 05-131Accept Easements / Proposed Parkview Heights Subdivision Resolution 05-132Approve Preliminary Plat / Casey’s Meadow Chuck Hable, 3071 Mockingbird Way, expressed his concerns regarding safety and increased traffic in the area of the development. He urged Council not to support the plat. Lisa Duff, 3151 Sawyer Creek Drive, stated she was in favor of progressive development but expressed her concerns regarding lot sizes. She also stated her concerns regarding the local schools becoming over crowded if a new development was added. Mark Showers, 3011 Mockingbird Way, expressed his concerns regarding various issues with the proposed plat. Steve Grey, 1531 Wellington Court, explained there was drainage problems in the area and would like to see it corrected. He also stated his concerns regarding lot sizes. Chet Wesenberg, 3162 Hayward Avenue, explained he represented the developer and was available to answer any questions of the Council. Resolution 05-133Approve Change Order No. 1 / Public Works Contract No. 04-04 (Gustafson Construction, Decrease, $17,556.94) Resolution 05-134Award Bid / Public Works Contract No. 05-05 / Concrete Paving / Utility Project (Vinton Construction, Manitowoc, $5,370,647.70) Resolution 05-135Approve Memorandum of Understanding / Drainage / Aviation Industrial Park Resolution 05-136Approve Final Resolution / Concrete Driveway Approaches Resolution 05-137Approve Final Resolution / Cold-Mix Asphalt Overlay Resolution 05-138Authorize Staff to Proceed / Formulation of Citizens Local Government Academy Resolution 05-139Authorize Borrowing; Approve Fund Transfer; Approve Reimbursement / TIF 13 Marion Road - Pearl Avenue Redevelopment Area & TIF 8 South Aviation Industrial Park Resolution 05-140Authorize Borrowing / State Trust Fund 2 Resolution 05-141Disallow Claim / Beckman-Mogenburg Proceedings of the Common Council – May 10, 2005 Resolution 05-142Approve Miscellaneous Licenses MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 05-132 (Esslinger; second, Bain) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle Resolution 05-132Approve Preliminary Plat / Casey’s Meadow MOTION:ADOPT (Bain; second, Esslinger) LOST:Ayes (2) B. Tower, Esslinger; Noes (4) Scheuermann, Bain, Mattox, Castle Mr. Wesenberg answered questions of the Council. Council Member Scheuermann questioned the entrances of the subdivision and what preventions would be taken to promote safety. She questioned if there was specific guidelines for subdivisions in the city ordinance’s and if it was beneficial to address concerns on the preliminary plat verse waiting until the final plat. She questioned if the plan was denied would it have to return to the Plan Commission and be brought back to Council. She stated she would not support the proposed plat. Council Member B. Tower questioned what the vision was for the area and future growth of the next subdivision. He questioned if amendments could be added to the plat. He also questioned the ordinance guidelines. Mr. Kinney, Director of Community Development responded. Council Member Mattox questioned what the parameters were to make a neighborhood. She expressed her concerns regarding the safety on Mockingbird Way. She stated she would like to see it redesigned and would not support the plat at this time. Council Member Bain questioned if Sawyer Creek would be filled in and if Mockingbird Way would connect to Clairville Road. He questioned if a gravel road would be put in place for construction vehicles. He also questioned if the plat had met all the guidelines, would it have to be approved. He explained that only one access to the neighborhood would have a negative impact and for that reason he would not support the plat. Mr. Erickson responded. Council Member Esslinger questioned what the consequences were if there was a no vote and if there would be a final plat in the future. He stated based on the legality of it he would be voting in favor. He encouraged the developer to reach out to the neighbors and address their concerns. 3 Mr. Kraft responded. Mayor Castle stated he would be voting no at this time but would support the plat in the future. Proceedings of the Common Council – May 10, 2005 Tom Rusch, 3801 State Road 21, owner and developer of Casey’s Meadow, stated he would answer questions of the Council. The Council took at five-minute break at 7:35 p.m. Public Agenda Discussion Ordinance 05-147 Enact Facility Charge / Leach Amphitheater th Brian Poeschl, 532 W. 18 Avenue, gave various situations of ticket prices with surcharges. He urged Council to support the facility fee. David Leach, 5296 Samers Bay Road, stated he proposed the facility charge be given to the Oshkosh Area Community Foundation to avoid funding being used in other areas. He explained that there would be a cap on the Amphitheater preservation fund and any money raised above that would sponsor a community performance free of charge on Labor Day weekend. John Casper, representing the Waterfest Board of Directors, stated he was pleased to see an enterprise fee but urged Council to not support the ticket tax at this time. He explained that Waterfest had already done their advertising and set their budget for the year. He asked the Council to take that into consideration prior to a final decision. Mayor Castle questioned if Waterfest would take the fee out of their budget or raise ticket prices. Council Member Scheuermann questioned the types of advertising Waterfest had done along with the attendance and price of tickets. Action Taken on Ordinances and Resolutions Ordinance 05-143 Approve Increase / Health Services – Weights & Measures Fees MOTION:ADOPT (Esslinger; second, Bain) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle Ordinance 05-144Approve Zone Change / 1856 Omro Road MOTION:ADOPT (Bain; second, Esslinger) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle 4 Ordinance 05-145Approve Parking Regulations MOTION:ADOPT (Bain; second, Esslinger) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle Proceedings of the Common Council – May 10, 2005 Ordinance 05-146Approve Traffic Regulations MOTION:ADOPT (Bain; second, Esslinger) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle Ordinance 05-147 Enact Facility Charge / Leach Amphitheater FIRST READING MOTION:SUSPEND RULES FOR CONSIDERATION (Esslinger; second, Scheuermann) CARRIED:Ayes (6) Scheuermann, B.Tower, Bain, Esslinger, Mattox, Castle MOTION:ADOPT (Esslinger; second, Bain) MOTION:LAYOVER (Bain; no second) LOST:LACK OF SECOND VOTE ON ORDINANCE: LOST:Ayes (2) Scheuermann, Esslinger; Noes (4) B. Tower, Bain, Mattox, Castle Council Member Esslinger stated Waterfest would be able to change their advertising if a fee was implemented. He reminded Council that a ticket tax was discussed in March and thanked Mr. Leach and his family for the gift. Council Member B. Tower stated he did not support a ticket fee at this time. He explained a lot of decisions needed to be made and suggested the Council wait until next year to implement a facility fee. Mayor Castle stated he would not support the fee at this time. He also suggested a ticket tax be considered for the Grand Opera House. Council Member Bain questioned if an amendment could be made to the ordinance. He stated a lot of issues needed to be worked out but would like to see a fee in place this year. He explained that if it was not laid over until further review he would not support. Mr. Kraft responded. 5 Council Member Mattox stated she would not support at this time and indicated a workshop would be helpful. Council Member Scheuermann questioned if there was a time frame for a workshop. Proceedings of the Common Council – May 10, 2005 Citizen Statements Eugene Winkler, 610 N. Eagle Street, expressed his concerns regarding the condition of the Pollock Pool site and the skate board park. th Brian Poeschl, 532 W. 18 Avenue, expressed his concerns regarding monitoring situations that are approved by the Plan Commission. He questioned the orange barrels located on Sawyer Street. He also questioned if there had been an approved liquor license for Waterfest. Mr. Wollangk responded. Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community. Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding underage smoking. Council Member Statements Council Member Mattox explained citizens could donate their musical instruments to the st Oshkosh Area School District on Saturday May 21 at Alberta Kimball Auditorium lobby. thth She stated May 14 – 20 was Bike to Work Week and ThedaCare would be holding a Helmet Clinic for kindergarten through fourth grade students at Carl Traeger School on th Saturday May 14 from 9:00 a.m. until 11:30 a.m. She stated the Oshkosh Symphony thth Orchestra was finishing their 64 year and was having a final concert Saturday May 14 at 7:00 p.m., and will be having Latin Music for Lovers with classical guitarist Javier thth Calderon. She explained May 8 – May 14 is National Tourism Week and the economic impact it has on the Oshkosh area community. She reminded citizens about placing their order for the Harry Potter book at the Oshkosh Public Museum. Mayor Castle stated he would be celebrating fifty years of educating students at Webster th Stanley on May 15. He asked Council when they wanted to have a workshop to discuss the Leach Amphitheater. He suggested the Council have a workshop once a quarter to discuss various issues. Council Member Esslinger questioned what staff would need to discuss once a quarter. 6 Whatever Else is Pertinent or for the Good of the City Mr. Wollangk reminded Council that Emergency Medical Services Week would start on th May 16 and the fire department would be offering courses throughout the week. He th stated the Wisconsin Bridge would be closed on May 11 from 8:00 a.m. to 2:00 p.m. for maintenance. Proceedings of the Common Council – May 10, 2005 MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND ACQUISITION IN THE SOUTH SHORE REDEVELOPMENT AREA PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE (B.Tower; second, Esslinger) CARRIED:Ayes (6) Scheuermann, B. Tower, Bain, Esslinger, Mattox, Castle There was no other business before the Council. MOTION:ADJOURN (Esslinger; second, Bain) CARRIED:VOICE VOTE The meeting adjourned at 8:50 p.m. PAMELA R. UBRIG CITY CLERK 7