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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, September 13, 2005 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Castle presided.
PRESENT: Council Members Bryan Bain, Paul Esslinger, Shirley Mattox, Meredith
Scheuermann, Burk Tower, and William Castle
EXCUSED: Council Member Frank Tower
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Bain read the Invocation.
The Pledge of Allegiance was led by Samantha Strook from Green Meadow School.
A proclamation was presented by Mayor Castle declaring October 1, 2005 as
“Responsible Dog Ownership Day ” in the City of Oshkosh.
Public Hearings
The Mayor ordered the following Public Hearings:
Final Resolution / Water Main / Wilson Avenue
There were no appearances and the Public Hearing was CLOSED.
Final Resolution / Vacating Portion of Bauman Street east side between
Buchanan Avenue and Van Buren Avenue
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the August 23, 2005 meeting were presented as written.
The Report of the City Manager was read.
Council Member B. Tower stated he would like the block party request for Graber Street to
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be limited to 10:00 p.m.
Proceedings of the Common Council – September 13, 2005
The bills were presented in the amount of $7,802,714.33.
The Report of the City Clerk was read.
Marilyn Anderson, 2540-G Havenwood Drive, requested the Council amend the recycling
ordinance to include condominium recyclable pick up.
Robert Cornell, 548 W. Smith Avenue, stated he supports the recycling ordinance to be
amended.
Karen Thon, 2280 Patriot Lane, explained why the ordinance should be amended.
George Schneider, 2615, stated he was unhappy with the current recycling ordinance.
Roger Hathaway, 2520 Havenwood Drive, stated he supports the Council amending the
recycling program for condominiums.
Council Member Esslinger asked various questions of Mr. Wollangk regarding the
recycling ordinance and stated he would like these answered in the budget analysis.
Resolution 05-269Award Bid / Public Works Contract No. 05-14 / Miscellaneous Utility
Improvements (Four-Way Construction, Berlin, $133,813.00)
Council Member B. Tower questioned when the budget estimates were done would
engineering be considered in the estimates. He questioned the sanitary sewer for
Waukau.
Mr. Patek responded.
Resolution 05-270Approve Initial Resolution / Hot Mix Asphalt / Waukau Avenue
Resolution 05-271Approve Final Resolution / Water Main / Wilson Avenue
Resolution 05-272Approve Final Resolution Vacating Portion of Bauman Street / East Side,
Between Buchanan Avenue and Van Buren Avenue
Council Member Mattox questioned if this would give citizens access to waterfront and if any
future development was planned.
Mr. Wollangk responded.
Resolution 05-273Authorize Disposition of Surplus Property / Vacated Bauman Street
Right-of-Way
Council Member B. Tower questioned if the city received any compensation for the property.
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Mr. Wollangk responded.
Proceedings of the Common Council – September 13, 2005
Resolution 05-274Grant Conditional Use Permits; Approve Final Planned Developments:
(a) 2010 Jackson Street
(b) 736 Algoma Boulevard
(c) W. Murdock Avenue & N. Main Street, NW Corner
(d) 545 High Avenue & 218 Wisconsin Street
Ken Bender, 806 Oak Street, stated his concerns regarding the request for the location of the
proposed driveway on W. Murdock Avenue and N. Main Street.
Council Member Mattox expressed her concerns regarding signage distraction on Jackson
Street and if there was a safety standard.
Council Member Scheuermann questioned why the request went before the Plan Commission
and not the Board of Zoning.
Council Member Bain asked for clarification on a site distance triangle.
Darryn Burich, Director of Planning, responded.
Resolution 05-275Dedicate Street Right-Of-Way / Edison Drive
Resolution 05-276Grant Easements:
(a) N. Main Street, south of 448 N. Main Street
(b) WIOUWASH Trail / Algoma Boulevard & W. Murdock Avenue
Resolution 05-277Disallow Claim / Burns
Resolution 05-278Disallow Claim / Marley
Resolution 05-279Disallow Claim / Scherg
Resolution 05-280Approve Miscellaneous Licenses
Council Member Bain questioned the time period a liquor license could be held when not
in operation. He questioned if there was a list of individuals waiting for a combination
“class B” license.
Council Member Scheuermann questioned if the time period starts when the application is
filed or when it was surrendered.
Council Member Mattox questioned if this could lead to buying and selling a license.
Council Member B. Tower questioned if the city has any control over what type of
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business is opened.
Ms. Ubrig responded.
Mr. Kraft responded.
Proceedings of the Common Council – September 13, 2005
The Council took at ten-minute break at 7:25 p.m.
MOTION:ADOPT CONSENT AGENDA (Esslinger; second, Bain)
MOTION:AMEND RESOLUTION 05-274 (b) TO ADD A CONDITION - ANTENNAS
AND MOUNTS TO BE BLENDED IN WITH THE APPEARANCE OF
THE BUILDING. FINAL APPROVAL OF MATERIALS AND LOCATION
BY THE DEPARTMENT OF COMMUNITY DEVELOPMENT (Esslinger;
second, Mattox)
LOST:Ayes (2) Esslinger, Mattox;
Noes (2) Castle, Scheuermann
Present (2) Bain, B. Tower:
MOTION:CITY MANAGERS REPORT / AMEND REQUEST FOR GRABER
STREET BLOCK PARTY FROM 12:00 MIDNIGHT TO 10:00 P.M.
(B. Tower; second, Bain)
CARRIED:Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
VOTE ON CONSENT AGENDA EXCLUDING RESOLUTION 05-274(b)(c) AND
CITY MANAGER’S REPORT AS AMENDED:
CARRIED:Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
Council Member B. Tower explained he would vote present due to his employer being
involved.
Council Member Bain explained he would vote present due to his employer being
involved.
**Resolution 05-274 (b) & (c) were removed for separate consideration
Resolution 05-274Grant Conditional Use Permits; Approve Final Planned Development:
(b) 736 Algoma Boulevard
MOTION:ADOPT (Esslinger; second, Scheuermann)
LOST:Ayes (1) Scheuermann;
Noes (3) Esslinger, Mattox, Castle
Present (2) Bain, B. Tower;
Council Member Esslinger stated his concerns regarding the placement of antennas.
Mr. Burich responded.
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Mr. Kraft responded.
Tom Bethea, 2720 N. Dayton Street, Chicago, representing U.S. Cellular, explained the
location of the antennas and answered questions of the Council.
Proceedings of the Common Council – September 13, 2005
Council Member Mattox questioned how other communities have their antennas placed and
if there are any design standards.
Council Member Esslinger questioned if this was brought before the plan commission again
did the fee have to be paid.
Mr. Kraft responded.
Mr. Wollangk responded.
Resolution 05-274Grant Conditional Use Permits; Approve Final Planned Development:
(c) W. Murdock Avenue & N. Main Street, NW Corner
MOTION:ADOPT (Bain, second, Esslinger)
ADOPT:Ayes (5) Bain, Esslinger, Mattox, B. Tower, Castle;
Present (1) Scheuermann
Mr. Kraft explained Council Member Scheuermann would be voting present due to a conflict.
Council Member Esslinger expressed his concerns regarding traffic issues.
Mayor Castle stated because of the location of the building there would be no issue with
traffic flow.
Mr. Burich responded.
Action Taken on Ordinances and Resolutions
Ordinance 05-281Approve Traffic Regulations
MOTION:ADOPT (Esslinger; second, Bain)
CARRIED:Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
Ordinance 05-282Approve Zone Change / 545 High Avenue & 218 Wisconsin Street
MOTION:ADOPT (Esslinger, second, Bain)
CARRIED:Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
Council Member Mattox commended the developers stating the area would be a benefit to
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downtown and the university.
Ordinance 05-283Approve Voluntary Attachment / Neubauer
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council – September 13, 2005
Pending Reconsidered Resolutions / Ordinances
Resolution 05-244Approve Initial Resolution / Utilities & Sidewalk / Edgewood Village
Subdivision
Resolution 05-245Accept & Approve Waiver of Special Assessment Notices
& Hearing in Connection with Improvements / Edgewood
Village Subdivision
Resolution 05-246Approve Developer Agreement / Edgewood Village Subdivision
Resolution 05-247Approve Final Resolution / Utilities & Sidewalk / Edgewood Village
Subdivision
Resolution 05-248Approve Final Plat / Edgewood Village
Ordinance 05-254Establish Street Grades / Edgewood Village Subdivision
Ordinance 05-255Authorize Public Construction / Edgewood Village Subdivision
MOTION:ADOPT RESOLUTIONS 05-244, 05-245, 05-246, 05-247, 05-248; AND,
ORDINANCES 05-254 AND 05-255 (Esslinger; second, Bain)
MOTION:LAYOVER RESOLUTIONS 05-244, 05-245, 05-246, 05-247, 05-248;
AND, ORDINANCES 05-254 AND 05-255 UNTIL SEPTEMBER 27, 2005
(Esslinger; second, Bain)
CARRIED: Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
Citizen Statements
Daniel Lynch, 310 N. Eagle Street, expressed his concerns regarding smoking.
Paul Neyhard, 1224 Liberty Street, explained a group of individuals traveled to an area in
Mississippi to assist with the relief work from Hurricane Katrina. He stated they moved
trees and weatherproofed homes.
Mayor Castle thanked the private citizens that helped with Hurricane Katrina relief.
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Ken Bender, 806 Oak Street, stated his concerns regarding a sign at Menominee Park.
Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding a new water park
facility. He stated a pool is costly to operate.
Charles Williams, 1416 Menominee Drive, explained the efforts to save the Coles
Bashford House. He stated he was against the proposed fishing pier at Millers Bay and
urged Council to reconsider the location.
Proceedings of the Common Council – September 13, 2005
Council Member Esslinger questioned if Mr. Williams would be interested in speaking to
the Otter Street Fishing Club.
Mr. Wollangk responded.
Council Member Scheuermann questioned if the size of the pier had increased since
Council approval.
Mr. Kraft responded.
Terry Shors, 1822 Menominee Drive, urged Council to reconsider the pier on Miller’s Bay.
She gave various reasons why another location would work.
Billie Jo Rylance, 602 E. Parkway Avenue, expressed her concerns regarding safety and
design issues of the pier.
Jan Beck, 1332 Menominee Drive, stated she was opposed to the proposed fishing pier.
Helen Herlash, 1029 Hazel Street, suggested a few other locations for the proposed
fishing pier.
Ruth McGinley, 1516 Menominee Drive, explained she was opposed to the proposed pier
and would like to see Miller’s Bay stay in a natural state.
Gretchen Flood, 1550 Menominee Drive, stated she would support another location for
the pier.
Council Member Statements
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Council Member Bain stated answers from the 5 Tuesday Forum were available online or
at the library. He gave a clarification of using the Leach Amphitheater facilities. He stated
the senior bus route attendance was low and would be discussed at the next Transit Board
meeting. He offered his prayers to the victims of Hurricane Katrina and thanked the Oshkosh
citizens that have helped. He stated citizens could contact the Parks Director to find out more
information about the new playground equipment. He discussed the proposed fishing pier
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and stated it was not appropriate to rescind at this time.
Mayor Castle stated the Otter Street Fishing Club came to the city and suggested the
location for the donated pier.
Council Member Esslinger expressed his concerns regarding the proposed fishing pier and
questioned why there was no notice to the neighbors. He questioned how non-representative
employee’s compensation would affect the budget.
Mr. Wollangk responded.
Mr. Kraft responded.
Proceedings of the Common Council – September 13, 2005
Council Member Mattox stated the last Live at Lunch would be held September 14, 2005.
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She stated the Oshkosh Public Museum would be celebrating their 80 Anniversary on
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September 17 with a live and silent auction fundraiser. She explained the Art for Women’s
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Sake fundraiser for breast cancer research would be September 15 from 4:30 p.m. to 7:30
p.m. She explained a slide presentation on the Flight of the Whooping Cranes would be
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shown at the Senior Center on September 15 at 7:00 p.m. She stated the Tales of Oshkosh
History lecture series would reconvene on Wednesday. She reminded citizens about the Fall
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Fest on the Fox, September 23 – 24. She explained the website www.oshkoshevents.com
has a comprehensive list of activities going on in Oshkosh. She reminded citizens that school
is back in session to drive carefully.
Mayor Castle questioned if the water retention basin on Murdock will have water in it at all
times.
Mr. Patek responded.
Council Member B. Tower questioned the work being done on Murdock Avenue and Harrison
Street. He expressed his concerns regarding the proposed fishing pier. He stated he would
like to see more information provided for items that are to be voted on and longer period of
time between Board and Council meetings.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated the Citizens Academy started last night and did a great job.
MOTION:DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR
DELIBERATING AND NEGOTIATING AN ACQUISITION AND / OR
LAND SALE IN THE MARION ROAD / PEARL AVENUE
REDEVELOPMENT AREA PURSUANT TO SECTION 19.85(1)(E) OF
THE WISCONSIN STATE STATUTES. (Scheuermann; second, Bain)
CARRIED: Ayes (6) Bain, Esslinger, Mattox, Scheuermann, B. Tower, Castle
MOTION:ADJOURN (Bain, second, B. Tower)
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CARRIED: VOICE VOTE
The meeting adjourned at 9:25 p.m.
PAMELA R. UBRIG
CITY CLERK
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