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HomeMy WebLinkAboutMinutes PCC 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 1 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 2 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. 3 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. 4 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 5 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 th for purchase at City Hall. He announced the next “5 Tuesday Forum” would be th 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 thth 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 th October 28 from 5:00 p.m. – 7:30 p.m. in Opera House Square. She stated the Oshkosh th Community Band would perform October 29 at Alberta Kimball Auditorium at 7:00 p.m. She st 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 th 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 6