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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO, W ITY OF SHKOSHISCONSIN REGULAR MEETING held Tuesday, February 14, 2006 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, Warren Kraft, City Attorney Council Member Mattox read the Invocation. The Pledge of Allegiance was led by Emily Simons from Jacob Shapiro School, and; Sara Grange and Nathan Merrill from Oakwood Elementary School. Consent Agenda The minutes of the January 24 and 26, 2006 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $3,485,157.21. The Report of the City Clerk was read. Council Member Bain asked for further explanation on the claims for unlawful taxes. Mr. Kraft responded. Resolution 06-48 Award Bid / Water Utility Materials / Water Distribution Center (Various) Resolution 06-49Award Bid / Fire Engine / Fire Department (Pierce Manufacturing, Appleton, $334,984.00) Council Member B. Tower questioned if the engine was bidded out. Mr. Wollangk responded. Resolution 06-50Award Bid / 4-Wheel Drive Loader-Backhoe / Water Distribution Division (Brooks Tractor, Inc., Depere, $51,310.00) 1 Proceedings of the Common Council – February 14, 2006 Resolution 06-51Approve Purchase of Property Insurance / Redevelopment Authority Resolution 06-52Approve Agreement with State of Wisconsin, Department of Health & Family Services / Agent for State Resolution 06-53Authorize Sale of Surplus Property / 837 Woodland Avenue Resolution 06-54Approve Tax Increment District No. 21 Project Plan; Designate Tax Increment District No. 21 Boundaries; Create Tax Increment District No. 21 Fox River Corridor Project Tony Palmeri, 212 W. Parkway Avenue, urged Council to lay the resolution over. Mr. Kinney responded. Resolution 06-55Dedicate Right-of-Way for Alley Between West 9th Avenue & West 12th Avenue Resolution 06-56Approve Revised Relocation Order; Determination of Necessity to Acquire Property; Authorize Acquisition; Accept Easements; Dedicate Street Right-of-Way / N. Washburn Street, Robin Avenue to Westowne Avenue Resolution 06-57Accept Easements; Grant Easement: a) 2225 Minnesota Street b) Casey's Meadow South Subdivision Area Resolution 06-58Grant Conditional Use Permits; Approve Final Planned Developments: a) 502 West Murdock Avenue b) South Washburn Street c) 1701 Fountain Avenue Rick Christl, 502 W. Murdock Avenue, stated he currently operates a business at the location and felt a car lot was not appropriate for that area. Council Member Esslinger questioned how the Conditional Use Permit would affect his business. He questioned the Council’s position on interfering with an outside business decision. Mr. Kraft responded. Council Member Scheuermann questioned if this was a landlord tenant issue. Michael Dunlop, 1910 Cliffview Court, stated he was the petitioner for the Conditional Use 2 Permit for 502 W. Murdock Avenue. He gave a brief description of his proposed business and explained a third party would be contacted to do automobile inspections. Proceedings of the Common Council – February 14, 2006 Council Member Bain questioned if the law would prohibit a service center or car show room from being built. Mr. Burich, Director of Planning Services responded. Resolution 06-59Approve 2006 Fee Schedule / Pollock Community Water Park Eugene Winkler, 610 S. Eagle Street, stated the proposed fees were fair and he would like to see several types of season passes. Bill Wyman, 1375 Waugoo Avenue, gave a brief history of the project and explained the donors wanted the facility to be affordable to all citizens. Council Member Esslinger questioned the criteria for disbursement of tickets for underprivileged children. He complimented the Parks Director for his memo regarding the fees. He questioned the fee for renting the entire water park. Council Member Bain thanked Mr. Stephany for his hard work on the project. He stated the fees were reasonable and he would like to see an arts/parks pass in the future so citizens could enjoy all that Oshkosh had to offer. Council Member B. Tower questioned if any water park promotions had to be approved by the Council. Mr. Wollangk responded. Council Member Scheuermann questioned why Omro Water Park was not used in the price comparison. She questioned the resident and the non-resident fees. Council Member Mattox questioned if names would be on the water passes. She questioned the rental of the water park. Resolution 06-60Approve Increase in Ticket Price / Menominee Park Amusement Rides Resolution 06-61Accept Revised Cabulance Fare Structure Council Member Bain stated he supported the increase in fees since our Transit Department offers more than other communities. Resolution 06-62Write Off Delinquent Accounts & Uncollectibles; Cancel Outstanding Checks 3 Resolution 06-63Authorize $9,265,000 General Obligation Corporate Purpose Bonds, Series 2006 - A Proceedings of the Common Council – February 14, 2006 Resolution 06-64Authorize $2,500,000 General Obligation Promissory Notes, Series 2006 - B Resolution 06-65Authorize $1,995,000 Taxable General Obligation Purpose Bonds, Series 2006 - C Mayor Castle questioned how the bond rates were. Mr. Nokes, Finance Director responded. Resolution 06-66Disallow Claim / Frank th Tim Frank, 442 W. 12 Avenue, questioned how to appeal his claim. Council Member B. Tower asked for further explanation of the claim. Council Member Scheuermann asked various questions regarding the claim. She questioned the process for notification of shoveling. Council Member F. Tower questioned if Council could take further review of the claim. Mr. Kraft and Mr. Wollangk responded. Resolution 06-67Approve Miscellaneous Licenses MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-54 (F. Tower; second, Esslinger) CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower, Castle Resolution 06-54Approve Tax Increment District No. 21 Project Plan; Designate Tax Increment District No. 21 Boundaries; Create Tax Increment District No. 21 Fox River Corridor Project MOTION:ADOPT (Esslinger; second, F. Tower) MOTION:LAYOVER UNTIL FEBRUARY 28, 2006 (Esslinger; no second) LOST:LACK OF SECOND VOTE ON ORIGINAL RESOLUTION: 4 CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle; Noes (1) Esslinger Council Member Scheuermann questioned if the Tax Increment District needed to be Created whether Five Rivers went forward or not. She questioned the time frame for development. Proceedings of the Common Council – February 14, 2006 Mayor Castle questioned the boundaries of the district and if approval of the resolution approved the bonds. Council Member B. Tower questioned if expenditures were approved with the resolution. Council Member Bain stated the area needed to be prepared for development and if the Five Rivers development did not proceed the city would be ready for another development. Mr. Kinney, Director of Community Development responded. Council Member Esslinger stated he would like to review financial figures before approving. He stated he would not support the resolution at this time. Action Taken on Ordinances and Resolutions Ordinance 06-68 Amend Ordinance / Allow Persons to Transfer Dogs with Regard to Boating MOTION:ADOPT (F. Tower; second, Esslinger) MOTION:AMEND TO EXCLUDE STEIGER PARK (Esslinger; no second) LOST:LACK OF SECOND MOTION:AMEND TO CHANGE WORD “DOGS” TO DOMESTICATED ANIMALS (Esslinger; second, Mattox) CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower, Castle VOTE ON RESOLUTION AS AMENDED: CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle; Noes (1) Esslinger Council Member Esslinger questioned which parks had boat launches. He stated he would like to propose all boat launches except the Steiger Park boat launch because the location was near the Senior Center. He explained he would not support if the amendment did not pass. 5 Council Member Bain questioned if the ordinance was for dogs only. Council Member Mattox questioned if she could carry her cat to the boat. Council Member Scheuermann questioned what the current signage was and if there would an expense to change. Council Member F. Tower stated there needed to be new signs regardless if it was dogs or domesticated animals. Proceedings of the Common Council – February 14, 2006 Mr. Stephany, Parks Director responded. Ordinance 06-69Approve Parking Regulations MOTION:ADOPT (F. Tower; second, Esslinger) CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower, Castle Ordinance 06-70 Re-Adopt Municipal Code Book FIRST READING; LAID OVER UNDER THE RULES Resolution 06-71Set Public Hearing Date to Vacate Portion of Bauman Street, Vanburen Avenue to Taft Avenue MOTION:ADOPT (F. Tower; second, Esslinger) CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower; Present (1) Castle Council Member B. Tower asked for further explanation of the resolution. Mr. Wollangk responded. Mayor Castle stated he would be vote present due to his ownership of property in the area. Council Member Statements-Discussion of Pocket Licenses Council Member Bain explained that individuals with liquor licenses had been invited before the Council to answer questions of the status of the premises. th Steven Amato, 50 W. 6 Avenue, owner of the Granary Restaurant, stated the building was for sale and the license was vital to sell the property. Council Member Scheuermann questioned if there was seating for over 300. 6 Council Member Mattox questioned if there were interested parties due to of the waterfront redevelopment. Tom McDermott, 1103 Evans Street, representing Ganther Management, 100 N. Main Street, gave a brief description of the project and explained how important the license was to that property. He explained the taxes for that property would be paid in March. Council Member F. Tower questioned if once the taxes were paid would the future taxes be paid on time. He questioned if the state sets the renewal dates for liquor licenses. Proceedings of the Common Council – February 14, 2006 Council Member Bain asked various questions regarding the restaurant. He questioned if there was another type of license that could be applied for at the property. Mayor Castle questioned when the current owner pays the taxes would the license be issued to him. Ms. Ubrig responded. Mr. Wollangk responded. Council Member B. Tower asked various questions regarding the tax payment. Council Member Mattox questioned the procedures for transferring the license. She questioned if the restaurant owner could transfer the license to a different property. Council Member Esslinger asked various questions regarding the license and questioned when the license would be up for renewal. Council Member Scheuermann stated she had a hard time with previous promises broken but would like to see a new restaurant in the downtown area. Mr. Kraft responded. Brett Jungwirth, 1101 Merritt Avenue, stated his plans for his property at 1900 N. Main Street. He explained the parking problems and his offer to purchase the adjoining property. Council Member Bain questioned the timeline for development. Council Member Scheuermann questioned where the license was transferred from. Council Member Mattox questioned if there were zoning issues for the property to be purchased. 7 Andy Dumke, 2030 Menominee Drive, owner of Wisconsin Farms, stated the property was for sale and had individuals interested. He explained if the purchaser did not need the license he would transfer the license to another location. Council Member Bain asked various questions regarding the development of the property. He explained he sat down with city staff to see what other license procedures could be streamlined in the future. He thanked all the license holders for coming before Council. Citizen Statements th Tim Frank, 442 W. 12 Avenue, questioned if fish cleaning stations would be provided when paying for the boat launch fee. He questioned if water could be tested when replacing water meters. Proceedings of the Common Council – February 14, 2006 Mr. Wollangk responded. Daniel Lynch, 310 W. Eagle Street, expressed his concerns regarding underage smoking. Ken Bender, 806 Oak Street, explained he was concerned with city spending. th Brian Poeschl, W. 18 Avenue, stated he was pleased to see the new radio station for Channel 10. He explained smoking ban issues in other communities. Tony Palmeri, 212 W. Parkway Avenue, explained the closed session scheduled to follow the regular Council Meeting was an illegal meeting and urged Council to delay going into closed session. Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community. Dan Rylance, 602 W. Parkway Avenue, stated his concerns with the closed session following the regular Council meeting. Council Member Statements Council Member Bain stated there were notes online for his last “Fifth Tuesday Forum”. He reminded citizens about the Primary Election on February 21, 2006. Council Member F. Tower explained citizens could go to the city website to find out what boards Council Members were on. Council Member Mattox stated the Titanic Exhibit was open Tuesday through Saturday from 10:00 a.m. to 4:30 p.m. and Sunday 1:00 p.m. to 4:30 p.m. She reminded the citizens about th the Literacy Council Annual Fundraiser February 18 from 10:00 a.m. to 3:00 p.m. at the Oshkosh Public Library. She explained the Grand Opera House speaker series would be nd “Oshkosh’s Vibrant Waterfront and the Era of the Steamboats” on February 22 presented 8 by Jim and Jo Alderson, Oshkosh historians. She stated the University of Oshkosh Theatre thth Department was presenting “The Visit” February 16 –18 at the Fredric March Theater, the first play presented when the theater opened 35 years ago. She stated the Grand Opera House had a Screen Scene Film Series and they would be presenting “Shakespeare in Love” rd on Thursday, February 23 at 7:00 p.m. She reminded citizens about the Special Olympics th fundraiser the Polar Plunge on February 25. She questioned if there was no closed session tonight would staff make the decisions. Council Member Esslinger expressed his concerns regarding the closed session on Five Rivers and the negotiations regarding the project. Council Member Bain asked for clarification of the meeting for closed session to discuss land acquisition and or sale. He questioned if there was a limit to what could be discussed during the meeting. He questioned if this was presented to the Attorney General would Council get a straight answer if they were in violation. Proceedings of the Common Council – February 14, 2006 Council Member Scheuermann questioned if was in the negotiation stage and if the developer was not present could the Council still discuss the financing of the project. Council Member B. Tower questioned what would happen if the Council did not go into closed session. Mayor Castle urged for Council Members to make a decision and move forward. Mr. Kraft responded. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk explained the Titanic Exhibit has had excellent turnout and encouraged citizens to attend. MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING LAND ACQUISITIONS AND/OR SALES IN THE MARION RD/PEARL AVE REDEVELOPMENT AREA PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATUTES (F. Tower; second, Scheuermann) CARRIED:Ayes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle; Noes (1) Esslinger Council Member B. Tower stated he would support going into closed session and hoped to avoid confrontation. 9 Mayor Castle explained the issue was to decide if the topic was an appropriate subject to have a closed session on. MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE REGARDING THE CITY MANAGER PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES (F. Tower; second, Esslinger) CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower, Castle MOTION:ADJOURN (F. Tower; second, Esslinger) CARRIED:VOICE VOTE The meeting adjourned at 9:20 p.m. PAMELA R. UBRIG CITY CLERK 10