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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, July 12, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Frank Tower, Shirley Mattox, Meredith Scheuermann, Burk
Tower, Bryan Bain, Paul Esslinger, William Castle
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member F. Tower read the Invocation.
The Pledge of Allegiance was led by Council Member F.Tower.
A proclamation was presented by Mayor Castle declaring July 23, 2005 as “National Lao
Hmong Recognition Day” in the City of Oshkosh.
Public Hearings
The Mayor ordered the following Public Hearings:
Cold Mix Asphalt / Various Streets
Ken Lichtfuss, 1548 Rugby Street, questioned the time frame for concrete paving if the
Council did not approve the cold mix asphalt.
Steve Hunt, 508 Hobbs Avenue, stated he still has not received answers regarding his
concerns for the street improvements.
Darlene Lemay, 821 Florida Avenue, stated she would prefer concrete paving instead of
cold mix asphalt.
Council Member Esslinger asked for a recommendation from the Public Works Director for
street improvements on Florida Avenue.
Mr. Patek responded.
Charles Promer, 500 Hobbs Avenue, expressed his concerns regarding the procedures
for street improvements.
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Proceedings of the Common Council – July 12, 2005
There were no other appearances and the Public Hearing was CLOSED.
Zone Change / SW Corner S. Washburn Street and W. Ripple Avenue
Dan Papenfuss, 7095 Country Club Road, expressed his concerns regarding traffic flow and
location of the main entrance for the new Country USA grounds.
Chuck Koehler, Herrling Clark Law Firm, Appleton, representing Star Show Presents, stated
his client was working on the various concerns in the community and that the event would be
a positive impact.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the June 28, 2005 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $4,120,038.37
The Report of the City Clerk was read.
Resolution 05-212Grant Conditional Use Permits; Approve Final Planned Development:
(a)S. Washburn Street, south of 1931-1951 S. Washburn Street
(b)2100 S. Koeller Street
(c)425 N. Washburn Street
(d)355 N. Washburn Street
Council Member Bain expressed his concerns regarding the impact of the new lighting at
425 N. Washburn Street.
Darryn Burich, Director of Planning, responded.
Resolution 05-213Approve Tax Increment District No. 20 Project Plan; Designate Tax
Increment District No. 20 Boundaries; Create Tax Increment District
No. 20 South Shore Redevelopment Area
Resolution 05-214Approve Final Resolution / Cold Mix Asphalt / Various Streets
Council Member B. Tower asked for clarification of the cold mix program.
Council Member Scheuermann questioned if the residents of Florida Avenue understood it
would be several years before concrete improvements were made.
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Proceedings of the Common Council – July 12, 2005
Resolution 05-215Approve 2005 Sidewalk Program
Council Member Esslinger questioned how the decision was made for adding sidewalks to
the program.
Council Member Mattox questioned if residents could request sidewalk replacement for
broken squares.
Mr. Patek responded.
Resolution 05-216Amendment to Resolution 05-200 Initial Resolution / Paving & Utilities
/ Various Streets
Resolution 05-217Approve Proposal for Engineering Design Services / Street Construction
/ Washburn Street
Resolution 05-218Accept Hazard Mitigation Grant from the Federal Emergency
Management Agency (FEMA) for Property Acquisition along Sawyer
Creek
Council Member Bain questioned if the residents were aware of this.
Mr. Patek responded.
Resolution 05-219 Disallow Claim / Hughart
Resolution 05-220Disallow Claim / Streholski
Resolution 05-221Approve Appointments
Resolution 05-222Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA (Esslinger; second, F. Tower)
MOTION:AMEND RESOLUTION 05-214 TO REMOVE FLORIDA AVENUE
FROM PROGRAM (Bain; second, F. Tower)
CARRIED: Ayes (7) F. Tower, Mattox, Scheuermann, B. Tower, Bain, Esslinger,
Castle
MOTION:ADOPT CONSENT AGENDA AS AMENDED AND EXCLUDING
RESOLUTION 05-212C
CARRIED:Ayes (7) F. Tower, Mattox, Scheuermann, B. Tower, Bain, Esslinger,
Castle
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Proceedings of the Common Council – July 12, 2005
Resolution 05-212Grant Conditional Use Permits; Approve Final Planned Development:
(c) 425 N. Washburn Street
MOTION:ADOPT (Bain; second, F. Tower)
CARRIED:Ayes (6) F. Tower, Mattox, Scheuermann, B. Tower, Bain ,Castle;
Present (1) Esslinger
Council Member Esslinger explained he would vote present due to a client of his being
involved.
Action Taken on Ordinances and Resolutions
Ordinance 05-223 Zone Change / 425 N. Washburn Street & Lot South of and Adjacent
to 425 N. Washburn Street
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) F. Tower, Mattox, Scheuermann, B. Tower, Bain, Castle;
Present (1) Esslinger
Ordinance 05-224 Approve Traffic Regulations
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) F. Tower, Mattox, Scheuermann, B, Tower, Bain, Esslinger,
Castle
Ordinance 05-225Zone Change / SW Corner S. Washburn Street and W. Ripple
Avenue
FIRST READING; LAID OVER UNDER THE RULES
Citizen Statements
Steve Hunt, 508 Hobbs Avenue expressed his concerns regarding the street
improvements and questioned if Council Members had looked at the street.
Mayor Castle responded.
Council Member Esslinger questioned when Hobbs Avenue was scheduled for future
improvements.
Mr. Patek responded.
Council Member Scheuermann questioned when Hobbs Avenue would be patched.
Ken Bender, 806 Oak Street, apologized for his language at the previous Council
meeting. He stated his concerns regarding his reassessment.
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Proceedings of the Common Council – July 12, 2005
Hugh Carver, 1121 Merritt Avenue, gave a brief history of the beaches in the community
and stated he would like to see more beaches in the future.
Dan Joseph, W4507 Fisk Avenue, stated as a resident of the Town of Nekimi he enjoys
the many resources from the city. He urged Council to look at the conditional use permit
being requested for the new Country USA grounds.
Gordon Doule, 1225 Summit Avenue, stated various concerns in the community.
John Milos, 603 Jackson Street, expressed his concerns regarding no trash receptacles in
the park and no lifeguards on the beach. He stated he would like to see more activities
for families in the community and urged Council to look at.
Patricia Diener, 30 Eveline Street, stated she would like to see the ordinance enforced for
dogs without leashes.
Dan Luebke, 1837 Olive Street, expressed his concerns regarding the pool ordinance and
asked Council to review.
Mr. Wollangk responded.
Council Member Esslinger informed citizens he was working with a group regarding a
possible new pool facility.
Council Member Bain questioned how long the swimming pool ordinance had been on the
books.
Council Member Statements
Council Member Mattox explained the Oshkosh Area Humane Society would have there
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Grand Opening on Saturday, July 16 from 10:00 a.m. to 2:00 p.m. She explained the
museum would have walking tours as a fundraiser at Riverside Cemetery and that the
cemetery was placed on the State and National Historic Register. She stated the free
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movies in the Opera House Square would be July 22 through August 26, and reminded
citizens to bring a blanket or chair. She stated there is a new event for girls during EAA
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called Women SOAR, it’s July 24and 25 and involves science, math, aviation,
journalism, and technology. She requested a list from the city departments of their late
fees and how the fees were arrived at.
Council Member Scheuermann asked for an update on the Five Rivers project. She
expressed her concerns regarding the conduct of citizens during citizen statements and
stated she would like to see some guidelines.
Jackson Kinney, Director of Community Development responded.
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Proceedings of the Common Council – July 12, 2005
Council Member Esslinger stated the Mayor should be responsible for addressing citizens
with inappropriate actions during citizen statements.
Mayor Castle explained he would like to see a limit on citizen statements.
MOTION:AMEND CITIZEN STATEMENTS TO BE LIMITED TO ONCE A
QUARTER (Castle; second, F.Tower)
WITHDRAWN
Council Member B. Tower stated he was concerned with the behavior of citizens but not
limiting the amount of times they could speak. He stated he would not support the motion.
He asked for clarification of the meaning “private club” regarding the smoking ordinance.
Council Member Bain questioned the city’s liability regarding profanity for Channel 10. He
stated he did not support limiting the citizen statements to once a quarter. He asked
various questions regarding the term “private club”.
Council Member Mattox stated the Mayor should inform the citizens if they have crossed
over the bounds. She stated she did not support limiting citizen statements.
Council Member Scheuermann stated she supports citizen statements but does not
accept the profanity that is used by some citizens. She stated she would not support the
motion.
Council Member Esslinger stated he wanted citizens to have an opportunity to speak and
will not support the motion. He questioned if during a holiday brunch open to the public
would the smoking ordinance be in effect for a private club.
Mr. Kraft responded.
Mr. Wollangk responded.
Whatever Else is Pertinent or for the Good of the City
MOTION:ADJOURN (Esslinger; second, F. Tower)
CARRIED:VOICE VOTE
The meeting adjourned at 8:12 p.m.
PAMELA R. UBRIG
CITY CLERK
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