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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, October 25, 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, Angela Koch, Deputy City Clerk,
Warren Kraft, City Attorney and David Patek, Director of Public Works
Council Member Mattox read the Invocation.
The Pledge of Allegiance was led by Benjamin Zimmerman from Sunset Elementary
School; and, Evas Lo and Kou Xiong from Roosevelt Elementary School.
A proclamation was presented by Mayor Castle declaring the month of November 2005 as
“Prematurity Awareness Month for the March of Dimes ” in the City of Oshkosh.
Public Hearing
The Mayor ordered the following Public Hearing:
Approve Amendment to Final Resolution / Concrete Aprons & Utilities / Sawyer Street
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the October 11, 2005 meetings were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $4,263,062.35.
The Report of the City Clerk was read.
Resolution 05-317Dedicate Street Right-of-Way / Elk Ridge Drive
Resolution 05-318Approve Street Name / Abraham Lane
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Resolution 05-319Approve Initial Resolution / Utilities / Blackbird Acres
Proceedings of the Common Council – October 25, 2005
Resolution 05-320Accept & Approve Waiver of Special Assessment Notices & Hearing
in Connection with Improvements / Blackbird Acres
Resolution 05-321Approve Developer Agreement / Blackbird Acres
Resolution 05-322Approve Final Resolution / Utilities / Blackbird Acres
Resolution 05-323Approve Final Plat; Grant Conditional Use Permit; Approve Final
Planned Development / Blackbird Acres
Resolution 05-324Approve Amendment to Final Resolution / Concrete Aprons & Utilities
/
Sawyer Street
Resolution 05-325Authorize Grant Proposal to Develop a Municipal Tree Nursery /
Wisconsin Department of Natural Resources Grant
Council Member Esslinger questioned the changes and if there would be an additional
cost.
Mr. Wollangk responded.
Resolution 05-326Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA (Esslinger; second, F. Tower)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Public Agenda Discussion
Ordinance 05-327Enact Facility Charge / Leach Amphitheater
Robert Cornell, 548 W. Smith Avenue, stated he was in favor of the charge but would like
the fee to be the same for all tickets.
Mike Dempsey, 89 Cove Lane, representing Waterfest, stated the Council should
reconsider the fee. He questioned the amount of money needed to maintain the facility.
Resolution 05-332Approve Developer Agreement Terms / Five Rivers Investment LLC
Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding the proposed
condos. He stated the employment opportunities offered would not be the high paying
jobs that the community would like to see.
Wendy Hielsberg, 1317 Partridge Court, Executive Director of Oshkosh Convention and
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Tourism, stated she was in favor of the Five Rivers project. She stated the community
needed to become a destination spot.
Proceedings of the Common Council – October 25, 2005
Janet Moldenhauer, 845 Wisconsin Street, stated her concerns with the lack of planning
for the project.
Stephen Hintz, 559 Hazel Street, explained the project was beneficial for the city and
would promote business in the downtown area. He stated there were no other proposals
for the property and questioned how long the city would have to wait for another offer.
Action Taken on Ordinances and Resolutions
Ordinance 05-327Enact Facility Charge / Leach Amphitheater
MOTION:ADOPT (F. Tower; second, Esslinger)
MOTION:AMEND FACILITY CHARGE BY ADDING $.50 TO TICKETS
GREATER THAN $10.00 (Bain; second, Mattox)
LOST:Ayes (3) Mattox, Bain, Esslinger;
Noes (3) B. Tower, F. Tower, Castle;
Present (1) Scheuermann
VOTE ON ORIGINAL ORDINANCE:
LOST:Ayes (3) Mattox, Bain, Esslinger;
Noes (3) B. Tower, F. Tower, Castle;
Present (1) Scheuermann
Council Member F. Tower discussed the financial figures for maintenance in the years to
come. He stated he was not if favor of the facility charge at this time but would
re-consider in the future.
Mayor Castle stated he would like to see the extra money brought in from the shows. He
stated he would not support the facility charge.
Council Member Esslinger explained taxpayer’s have paid their share it is now up to the
users to pay the fee.
Council Member B. Tower explained he would vote no at this time but would consider the
fee again in the future. He stated he would like to see the money from PMI
Council Member Scheuermann questioned the facility charge fee verses the funds
received from the contract with PMI. She stated she would be voting present due to a
conflict with her employer.
Council Member Mattox stated she would like to see the facility charge to maintain the
building in the years to come. She suggested a charge of $.50 for tickets $5.00 and over.
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Council Member Bain questioned the ticket fees for the Grand Opera House. He stated
he would like to see a flat rate ticket fee for the amphitheater. He explained the funds
would be used to take care of future needs of the building.
Proceedings of the Common Council – October 25, 2005
Ordinance 05-328Approve Parking Regulations
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Ordinance 05-329Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-330Amend Parking Meter Capping Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 05-331Approve Agreement with Oshkosh Community Foundation / Leach
Amphitheater Facility Charge
MOTION:ADOPT (F. Tower; second, Esslinger)
MOTION:WITHDRAW AND REFER BACK TO STAFF (F. Tower; second,
Esslinger)
CARRIED:Ayes (5) Mattox, B. Tower, Bain, F. Tower, Castle;
Noes (1) Esslinger;
Present (1) Scheuermann
Resolution 05-332Approve Developer Agreement Terms / Five Rivers Investment LLC
MOTION:ADOPT (F.Tower; second, Bain)
MOTION:AMEND TERM SHEET BY DELETING THE “DIRECT PAY”
ALTERNATIVE (Esslinger; second, Scheuermann)
LOST:Ayes (1) Esslinger;
Noes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle
VOTE ON ORIGINAL RESOLUTION:
CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle;
Noes (1) Esslinger
Council Member Esslinger expressed his concerns regarding the Five Rivers property and
the city’s involvement. He explained what steps needed to be taken to prepare the land
and what the potential hotel room taxes would be. He stated he hoped the project was
successful and thanked staff for their time on the project.
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Council Member B. Tower questioned if the city was excluded from the agreement, could
the developer come back with another term sheet. He questioned what plan was most
beneficial. He stated the risks for both parties involved.
Proceedings of the Common Council – October 25, 2005
Council Member F. Tower questioned if the “pay as you go” and the “direct pay” were left
in the agreement what would be the outcome. He stated he would not support the
amendment. He questioned if there would be a price range for the condominiums. He
stated his concerns that the project could turn into the same situation as the Pioneer Inn.
Council Member Scheuermann stated the Council needed to look at all the risks and
benefits of both plans. She stated she would not support the amendment.
Mayor Castle stated he would not support the amendment. He questioned if any land in
the Five Rivers area was in the public trust area. He questioned if the condo owners
would pay taxes to the city.
Council Member Mattox stated she would not support the amendment. She explained that
the city was fortunate to have the waterfront property and stated the project would bring
tourism to the community.
Council Member Bain questioned if one of the terms would require more from the
developer. He explained he would not support the amendment. He questioned if the term
agreement was the final decision. He stated this was a unique opportunity for the
community and was pleased to see it make headlines.
Jackson Kinney, Director of Community Development responded.
Citizen Statements
Daniel Lynch, 310 S. Eagle Street, expressed his concerns regarding underage smoking
and thanked Council Member Esslinger for his support to ban smoking where children
were present.
Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding the upcoming
budget and lack of trash collection service for condos.
Karl Kodanko, 870 Concordia Avenue, expressed his concerns regarding tax increases.
Ken Bender, 806 Oak Street, stated his concerns with the Highway 21 improvement
project.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding road rage.
Council Member Statements
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Council Member Bain stated he was glad to see Chancellor Wells stay at the University of
Oshkosh. He congratulated the University of Wisconsin Oshkosh for a great week during
Homecoming. He informed citizens that the Lake Geneva Greyhound track was closing
and greyhounds would need homes. He stated the 2006 budget was available online or
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for purchase at City Hall. He announced the next “5 Tuesday Forum” would be
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November 29.
Proceedings of the Common Council – October 25, 2005
Council Member Esslinger expressed his disappointment regarding the discussions with
Senator Roessler and State Representative Gregg Underheim at the previous workshop.
Council Member Mattox stated the Webster Block, 501-507 North Main Street, received a
Historic Preservation Award. She stated she recently walked the 500 Block of North Main
Street and visited with some of the local shop owners, who announced they would be having
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a holiday open house on November 7 from 3:00 p.m. – 7:00 p.m. She explained the 4
Annual Downtown Halloween Children’s Costume Contest & Parade would take place
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October 28 from 5:00 p.m. – 7:30 p.m. in Opera House Square. She stated the Oshkosh
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Community Band would perform October 29 at Alberta Kimball Auditorium at 7:00 p.m. She
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explained on November 1 the UW-O Faculty Brass Quintet would perform a noon concert
at the First Congregational Church. She stated the first Saturday Gallery Walk would be
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November 5 from 6:00 p.m. – 9:00 p.m.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated the need to schedule workshops to discuss the 2006 budget with
departments. After some discussion, it was decided that the workshops would be on
November 3 starting at 3:00 p.m. It was also decided that on November 14, 2005 there
would be a workshop to discuss the Capital Improvement Program.
MOTION:ADJOURN (Esslinger; second, F. Tower)
CARRIED:VOICE VOTE
The meeting adjourned at 8:35 p.m.
ANGELA G. KOCH
DEPUTY CITY CLERK
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