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HomeMy WebLinkAboutMinutes PCC 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 1 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. 2 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 3 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. 4 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 5 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. 6 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 th 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 7 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. th She stated the Oshkosh Public Museum would be celebrating their 80 Anniversary on th September 17 with a live and silent auction fundraiser. She explained the Art for Women’s th 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 th 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 rdth 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) 8 CARRIED: VOICE VOTE The meeting adjourned at 9:25 p.m. PAMELA R. UBRIG CITY CLERK 9