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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, July 26, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Shirley Mattox, Meredith Scheuermann, Burk Tower, Bryan
Bain, Paul Esslinger, Frank Tower and William Castle
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member Mattox read the Invocation.
The Pledge of Allegiance was led by Council Member Mattox.
A proclamation was presented by Mayor Castle declaring August 7, 2005 as “National
Purple Heart Day” in the City of Oshkosh.
Public Hearing
The Mayor ordered the following Public Hearing:
Final Resolution / Paving & Utilities / Various Streets
Tad Mandeik, 524 Pyle Avenue, stated he was representing his father who lives on Rock
Place. He read a letter from his father stating his father would like his name removed from
the petition that originally supported concrete.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the July 12, 2005 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $4,101,082.99.
The Report of the City Clerk was read.
Resolution 05-226Award Bid for Street Sweeper / Street Division (Industrial Marketing,
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Gwinn MI, $169,445.00)
Proceedings of the Common Council – July 26, 2005
Resolution 05-227Award Bid for Public Works Contract No. 05-01/ Anchorage Basin
Drainage Improvements (Buteyn-Peterson Construction Co., Inc.,
Sheboygan, WI $$1,493,188.41)
Resolution 05-228Approve Mutual Aid Agreements / Ambulance Services
Resolution 05-229Dedicate Street Right-of-Way / Ruffed Grouse Way
Resolution 05-230Approve Land Acquisition; Authorize Sale Of Surplus Property /
Vacant Lot, S. Westfield Street
Brenda Sales, 120 & 130 S. Westfield Street, questioned if visitor parking would be
available.
Fred Sperling, 290 S. Westfield Street, stated various reasons to reconsider and stated
there was incorrect information given regarding the lot size and covenants. He
requested Council to layover the resolution until all the information is reviewed.
Council Member Esslinger questioned if the lot size would affect the setbacks. He
expressed his concerns regarding covenants. He questioned why the property was being
donated by the city.
Mayor Castle questioned if the property had been for sale to the public prior to this sale.
Council Member B. Tower questioned if the county would make a profit from the sale of
the land. He questioned who would manage the facility. He expressed his concerns
regarding sex offenders being placed in the area.
Council Member Bain questioned the cost to purchase the property and if the Community
Development Block Grant had funds available. He questioned if the property was in the
flood zone.
Council Member Scheuermann questioned if the grant would cover the cost to purchase.
Council Member Mattox questioned if the property could become a taxable property. She
questioned the amount of green space.
Mr. Burich, Director of Planning responded.
Ms. Bales, Principal Planner responded.
Resolution 05-231Grant Conditional Use Permits / Approve Final Planned Development:
(a) 110 Algoma Boulevard
(b) SW Corner, S. Washburn Street and W. Ripple Avenue
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Council Member Mattox questioned how the decision was made to limit the amount of
events. She questioned if the conditions were worked out with the Town of Nekimi.
Proceedings of the Common Council – July 26, 2005
Mr. Burich, Director of Planning responded.
Resolution 05-232Set Public Hearing Date to Vacate Portion of Bauman Street / East
Side between Buchanan Avenue & Van Buren Avenue
Resolution 05-233Approve Final Resolution / Paving Utilities / Various Streets
Council Member F. Tower questioned if an individual removes their name from a petition does
the petition percentage change.
Mayor Castle questioned the replacement of lead pipes.
Mr. Patek responded.
Resolution 05-234Approve Amendment No. 1 / Engineering Services Agreement /
Anchorage Basin Drainage Improvements
Resolution 05-235Amend 2005 Capital Improvement Program / Parks Department
Resolution 05-236Set Water Rates
Robert Cornell, 548 W. Smith Avenue, questioned the increase and if there would be an
increase in the storm water utility rates.
Council Member Esslinger questioned if this was an operational cost increase and
questioned the process for an increase.
Mr. Wollangk responded.
Mr. Nokes, Finance Director responded.
Council Member B. Tower questioned the 2001 rates.
Council Member Mattox questioned if there would be an increase next year.
Council Member Bain asked various questions regarding the proposed water rate
increase.
Resolution 05-237 Authorize General Obligation Refunding Bonds / Series 2005-D
Resolution 05-238Approve Miscellaneous Licenses
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Proceedings of the Common Council – July 26, 2005
MOTION:ADOPT CONSENT AGENDA (Esslinger; second, F. Tower)
MOTION:SEPARATE ROCK PLACE FROM RESOLUTION 05-233 (F. Tower;
second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
MOTIONLAYOVER ROCK PLACE UNTIL AUGUST 9, 2005 (F. Tower;
second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 05-230
AND 05-236
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Resolution 05-230Approve Land Acquisition; Authorize Sale Of Surplus Property /
Vacant Lot, S. Westfield Street
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle;
Noes (1) Esslinger
Council Member Esslinger stated the Community Block Grant Funds could be better used
and would like to see the property not removed from the tax rolls.
Council Member Bain stated he was concerned about sex offenders but since the city
had no control of where the state places them he would support the resolution.
Council Member B. Tower stated low-income housing was an issue and questioned what
key aspects of the covenant were a concern.
Resolution 05-236Set Water Rates
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (4) Mattox, Scheuermann, F. Tower, Castle;
Noes (3) B. Tower, Bain, Esslinger
Council Member Esslinger stated he would not support due to a full rate case being done
next year.
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Council Member F. Tower questioned what the 3% increase would cover.
Council Member B. Tower explained there is not enough information to support the
increase therefore he would not support the resolution.
Council Member Scheuermann questioned if the increase was common with other cities.
Proceedings of the Common Council – July 26, 2005
Mayor Castle explained this would soften the increase for next year.
Council Member Bain questioned how the budge would be affected with no increase this
year. He questioned if the full rate process could be started immediately. He stated he
would not support the increase.
Council Member Mattox questioned if the new water treatment plant ran more efficentially.
and if there was a cut on costs.
Mayor Castle stated the increase was the right thing to do and he would support it.
Mr. Wollangk responded.
Public Agenda Discussion
Resolution 05-241Approve Combination “Class B” Licenses
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Roger Lind, 680 W. 5 Avenue, gave a history of the property on Harrison Street. He
stated he has an individual interested in operating the establishment.
Daisy Ortiz, 2107 Jackson Street, explained how the license would help their business.
Emi, owner of 2070 Koeller Street, representing Durango’s restaurant, explained how the
license would benefit their business.
Action Taken on Ordinances and Resolutions
Ordinance 05-239 Zone Change / SW Corner S. Washburn Street and W. Ripple
Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Ordinance 05-240Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 05-241Approve Combination “Class B” Licenses
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MOTION:ADOPT (F. Tower; second, Esslinger)
MOTION:APPROVE DURANGOS (A) AND LAHACIENDA (C) (Bain; second,
Scheuermann)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Proceedings of the Common Council – July 26, 2005
Council Member Esslinger stated he would support Durango’s and La Hacienda because
they were existing businesses.
Council Member Bain stated he would support Durango’s and La Hacienda because they
were businesses that were currently operating.
Council Member Scheuermann explained she would support Durango’s and La Hacienda.
Council Member Mattox questioned how the licenses were issued and if the licenses stay
with the building or could be transferred.
Ms. Ubrig responded.
Mayor Castle stated he would support Durango’s and La Hacienda.
Citizen Statements
Steve Hunt, 508 Hobbs Avenue, questioned the time frame for improvements on Hobbs
Avenue.
Ken Bender, 806 Oak Street, expressed various concerns in the community.
Daniel Lynch, 310 S. Eagle Street, stated his concerns with smoking.
Robert Cornell, 548 W. Smith Avenue, explained he had a good experience with the City
Assessor’s office. He stated his concerns with enforcing the smoking ordinance.
Gordon Doule, 1225 Summit Avenue, stated various concerns in the community.
Council Member Statements
Council Member Mattox explained the free Friday night “Movies in the Park” are PG
category and stated movies are listed on the internet at www.intergen.org. She stated
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there would be an ART 100 exhibit from September 3 to October 9 She stated July 27
the Oshkosh Community Band would have a summer concert at 6:30 p.m. at Lourdes High
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School. She explained there would be an Art Gallery Walk on August 6 from 6:00 p.m. to
9:00 p.m. She stated there was a pirates exhibit at the Oshkosh Public Museum. She
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welcomed EAA and reminded citizens and visitors to check out historic Oshkosh. She
stated Oshkosh has good drinking water after tasting water in another city while at a
conference. She congratulated the Oshkosh Community News Network Website for
winning an award for their coverage of local elections.
Council Member Esslinger questioned the procedure for objecting to a re-assessment and
stated he would like to see the more information included on the re-assessment letters.
He questioned if the Splash Pad at South Park was working properly. He questioned if
citizens could respond to an item listed under Council Member Statements on the Agenda.
Mr. Wollangk responded.
Proceedings of the Common Council – July 26, 2005
Mr. Tom Stephany, Parks Director responded.
Ms. Lorenson responded.
Council Member Scheuermann asked if questions could be directed to Council Member’s
during their statements.
Council Member B. Tower requested a 2004 financial report at the next Council meeting
from Mr. Nokes.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated there would be a workshop to discuss fundraising activities with a
group that is working on a new waterpark pool aquatic center. He stated there would be
workshop with to review last year’s financial report after the next Council meeting. He
reminded citizens about the citizen’s local government academy.
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Mayor Castle reminded the community the Mayor’s breakfast would be July 29 from 6:00
a.m. to 10:00 a.m.
MOTION:ADJOURN (Esslinger; second, F. Tower)
CARRIED:VOICE VOTE
The meeting adjourned at 8:20 p.m.
PAMELA R. UBRIG
CITY CLERK
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