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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday March 14, 2006 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Castle presided.
PRESENT: Council Members Burk Tower, Bryan Bain, Paul Esslinger, Frank Tower,
Shirley Mattox, and William Castle.
EXCUSED: Council Member Meredith Scheuermann.
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member B. Tower read the Invocation.
The Pledge of Allegiance was led by Josh Shippee and Nick Handy from Carl Traeger
Elementary School, and; Aubrey Stenson and Alex Menen from Carl Traeger Middle School.
A proclamation was presented by Mayor Castle declaring March as “American Red Cross
Month” in the City of Oshkosh.
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A proclamation was presented by Mayor Castle declaring March 25 as “Pet Appreciation
Day” in the City of Oshkosh.
Consent Agenda
The minutes of the February 28, 2006 meeting were presented as written.
The Report of the City Manager was read.
Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding the request for
dogs in the park during Sawdust Days.
Council Member Esslinger stated his concerns regarding dogs in the park during Sawdust
Days. He explained there were kennels available and taxpayers were not allowed to bring
their dogs in the park.
Council Member Bain questioned if the request had been waived in the past and if there
were issues in prior years.
Council Member B. Tower explained previous groups had been granted permission in the
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past to have pets in the park and that he would support the request.
Proceedings of the Common Council – March 14, 2006
Mayor Castle stated he would support.
Mr. Kraft and Mr. Stephany, Parks Director responded.
The bills were presented in the amount of $8,184,093.65.
The Report of the City Clerk was read.
Resolution 06-86Approve Reauthorization of Self-Insurance / Worker’s Compensation
Resolution 06-87Award Bid / Road Materials / 2006 (Various)
Resolution 06-88Award Bid / Sewer TV Inspection System / Street Division (Envirotech,
Pewaukee, $79,520.00)
Resolution 06-89Award Bid / Relocation of Fiber Optic Network (Various)
Resolution 06-90Grant Conditional Use Permit; Approve Final Planned Development /
2415 Westowne Avenue
Resolution 06-91Adopt Near East Neighborhood Plan
Tony Palmeri, 212 W. Parkway Avenue, urged Council to delay adoption of plan for further
review. He expressed his concerns regarding the plan and presented recommendations.
Gail Panske, 324 Fulton Avenue stated her support of the plan and urged Council to approve.
Thatcher Peterson, 527 Madison Street, explained he was in favor of the plan and urged
Council to move forward.
Joan Peterson, 527 Madison Street, stated she would like to see the plan go through.
Council Member Bain questioned how the neighborhood was selected. He questioned what
feedback they were receiving from individuals in the area.
Council Member Esslinger questioned why the adoption of the plan if no ordinances were
being changed at this time.
Council Member Mattox stated this was a traditional neighborhood design. She hoped in the
future the plan would offer housing for all.
Ms. Kepplinger, Principal Planner responded.
Resolution 06-92Determination of Necessity to Acquire Properties:
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(A) 223 Merritt Avenue
(B) 661 Jefferson Street
(C) Portion of 656 North Main Street
Proceedings of the Common Council – March 14, 2006
Ken Bender, 806 Oak Street, questioned why the city was involved in real estate.
Jon Dell’Antonia, 1768 River Mill Road, explained he was in opposition to acquiring 223
Merritt Avenue due to tenants living in the building and the cost to relocate.
Council Member Mattox questioned the cost involved with relocating tenants. She questioned
who would build the house and how the county gets involved.
Council Member B. Tower questioned if the funding was Community Development Block
Grant funds.
Ms. Kepplinger responded.
Resolution 06-93Determination of Necessity to Acquire Properties:
(A) 679 Jefferson Street
(B) 683 Jefferson Street
(C) 303 Oxford Avenue
Council Member Esslinger questioned if there was a need for lower income housing and if
the rentals would increase. He expressed his concerns regarding the city involved in the real
estate business.
Ms. Kepplinger responded.
Resolution 06-94Determination of Necessity; Establish Fair Market Value; Authorize
Purchase – Portion of Canadian National Railroad Property / Between
E. 14th Avenue & E. 15th Avenue
Resolution 06-95Determination of Necessity; Establish Fair Market Value; Authorize
Purchase; Accept Easement - McClone Drive / Insurance Way / S.
Washburn Street
Resolution 06-96Approve Initial Resolution / Concrete Paving, Sidewalk & Utilities /
Various Projects
Resolution 06-97 Approve Initial Resolution / Concrete Paving, Sidewalk & Utilities /
Westowne Avenue & Washburn Street
Resolution 06-98Approve Lifeguard Agreement Between the City of Oshkosh & the
Oshkosh Area School District
Resolution 06-99Increase Petty Cash Fund / Parks Department / Welcome Center
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Council Member Bain questioned the petty cash increase.
Mr. Stephany responded.
Proceedings of the Common Council – March 14, 2006
Resolution 06-100Approve Lease Extension / Spanbauer Memorial Field
Council Member Bain questioned why the parks department did not run the facility.
Mr. Stephany responded.
Resolution 06-101 Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 06-91,
06-92A AND 06-94 (F. Tower; second, Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
MOTION:AMEND CITY MANAGERS REPORT - REQUEST FROM SAWDUST
DAYS TO - DELETE SECTION TO ALLOW PETS
(Esslinger; second, Bain)
LOST:Ayes (1) Esslinger;
Noes (5) B. Tower, Bain, F. Tower, Mattox, Castle
Resolution 06-91Adopt Near East Neighborhood Plan
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
Council Member B. Tower encouraged development and stated the plan was a good and
should move forward.
Council Member Esslinger stated his support to improving neighborhoods.
Council Member Bain stated he was pleased to see the plan implemented from the
comprehensive plan. He thanked staff for their hard work and stated he looked forward to
the positive change.
Council Member Mattox stated the plan would give the neighborhood an identity.
Resolution 06-92ADetermination of Necessity to Acquire Properties - 223 Merritt Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (4) Bain, F. Tower, Mattox, Castle;
Noes (1) Esslinger;
Present (1) B. Tower
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Council Member B. Tower explained he would vote present due to a potential conflict of
interest.
Council Member Mattox explained her questions had been answered and was comfortable
supporting the plan.
Proceedings of the Common Council – March 14, 2006
Council Member Bain questioned if the tenants in the neighborhood had been notified.
Ms. Kepplinger responded.
Resolution 06-94Determination of Necessity; Establish Fair Market Value; Authorize
Purchase – Portion of Canadian National Railroad Property / Between
E. 14th Avenue & E. 15th Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (5) B. Tower, Bain, F. Tower, Mattox, Castle;
Noes (1) Esslinger
Council Member Esslinger expressed his concerns with the amount of money being spent
and stated he would not support.
Public Agenda Discussion
Ordinance 06-109 Amend Public Nuisance Code Provisions / Outdoor Furnaces, Stoves
& Boilers / Weed Cutting And Lawn Care
Ken Bender, 806 Oak Street, questioned the ordinance change.
Resolution 06-110 Amend Term Sheet for Development Agreement / Five Rivers
Investment LLC
John McCourt, 533 School Avenue, expressed various concerns regarding the project.
Ken Bender, 806 Oak Street, gave a history of the land and expressed his concerns
regarding the cost to taxpayers.
Tony Palmeri, 212 W. Parkway Avenue, urged Council to reject the change in the term sheet
and expressed his concerns regarding payment options.
Melanie Bloechl, 2388 Abbey Avenue, expressed her concerns regarding the term sheet and
the history of the financing. She encouraged the Council to walk away from the project.
Robert Cornell, 548 W. Smith Avenue, explained he originally supported the project but was
having reservations and urged the Council not to support.
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Dick O’Day, 715 Hazel Street, stated he was opposed to the project.
Proceedings of the Common Council – March 14, 2006
Action Taken on Ordinances and Resolutions
Ordinance 06-102 Approve Zone Change / 1424 Rath Lane; 1820, 1844, 1874, 1896 &
1900 Omro Road
MOTION: ADOPT (F. Tower; second, Esslinger)
CARRIED: Ayes (5) B. Tower, Bain, F. Tower, Mattox, Castle;
Present (1) Esslinger
Council Member Esslinger explained he would vote present due to the petitioner making a
donation to his campaign last year.
Mayor Castle stated he also received a donation and he would be voting in favor of the zone
change.
Ordinance 06-103Amend Chapter 30 Zoning Ordinance / Fees
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
Ordinance 06-104Amend Chapter 30 Zoning Ordinance / Floodplain Provisions
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
Ordinance 06-105Approve Traffic Regulations
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
Ordinance 06-106 Amend Building & HVAC Code Provisions
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-107 Amend Electrical Code Provisions
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FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-108 Approve Fee Increases / Inspection Division
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 06-109 Amend Public Nuisance Code Provisions / Outdoor Furnaces, Stoves
& Boilers / Weed Cutting And Lawn Care
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council – March 14, 2006
Resolution 06-110 Amend Term Sheet for Development Agreement / Five Rivers
Investment LLC
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (4) B. Tower, F. Tower, Mattox, Castle;
Noes (2) Bain, Esslinger
Council Member Esslinger stated he was opposed to the extension and would like to see the
funds used on other projects. He stated he would not support.
Council Member Bain explained in the beginning he supported the project but now has
concerns. He explained he would not support at this time.
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Mayor Castle explained the developer had until May 31 to provide financing.
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Council Member B. Tower explained May 31was not a long extension and he would support.
Council Member Mattox explained the term sheet was to protect the city and she would
support the extension.
Resolution 06-111Approve Initial Borrowing / Lease Revenue Bonds / TID No. 21 / Mercury
Marine Acquisition
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (5) B. Tower, Bain, F. Tower, Mattox, Castle;
Noes (1) Esslinger
Council Member Esslinger explained he would not support due to the timing and cost.
Council Member Mattox questioned if it was to be part of the Tax Incremental District and
financed through the development.
Council Member Bain explained if the Five Rivers project didn’t go through another
development would in the future, and the area would be ready for development.
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Council Member B. Tower questioned what the bonding was for.
Mr. Wollangk responded.
Council Member Mattox questioned if the area would be considered a brownfield and if grants
were available.
Council Member Esslinger questioned if this was initial borrowing.
Mr. Kinney responded.
Proceedings of the Common Council – March 14, 2006
Citizen Statements
Ken Bender, 806 Oak Street, stated his various concerns.
Gordon Doule, 1225 Summit Avenue, explained why the Christmas Angel Statue should be
in the Menominee Park.
Dan Lynch, 310 S. Eagle Street, expressed his concerns regarding underage smoking.
Robert Cornell, 548 W. Smith Avenue, stated the University of Wisconsin Varsity Band would
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be performing April 2 with proceeds going to the Senior Center. He stated he would like to
see city officials and Council meet with condominium owners to discuss recycling issues.
Tony Palmeri, 212 W. Parkway Avenue, expressed his concerns regarding closed session
meetings.
Norman Bock, 2242 White Swan Drive, explained he recently received notification regarding
elimination of trash pickup for his commercial property. He stated he would like to see a
forum regarding the new trash pickup procedures.
Mark Madison, 619 W. New York Avenue, expressed his gratitude for the two Winnebago
County workers who recently lost their lives while on duty.
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Brian Poeschl, 532 W. 18 Avenue, expressed his concerns regarding a police vehicle being
parked on the same side of the street over an extended period of time.
Sharon Fisher, 1317 Faust Avenue, gave a history of the Christmas Box Angel.
Mayor Castle stated he continues to support the Christmas Box Angel.
Council Member Esslinger urged the Fisher family to move forward with the Christmas
Box Angel.
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Jesse Fisher, 1317 Faust Avenue, thanked Council for their support.
Council Member Statements
Council Member Bain congratulated Oshkosh West and Oshkosh Lourdes basketball teams
for making it to the state tournament. He congratulated the UW-O track and field team for a
great season. He explained he attended a dinner provided by the ALPS Charter School and
the kids did a wonderful job.
Council Member Esslinger explained “Oshkosh Performs Broadway” would be presented as
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a fundraiser on April 1 at the Grand Opera House.
Proceedings of the Common Council – March 14, 2006
Council Member Mattox thanked the ALPS Charter School for a wonderful luncheon. She
explained she spent time at the University of Oshkosh Wisconsin Placement Exchange, which
hosts 1500 employers and candidates from 35 universities around the country. She stated
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the new brouchure for the Grand Opera House was out. She stated March 18 Aoife Clancy,
daughter of Bobby Clancy would be performing. She stated “Cosi fan Tutte”; the Mozart
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Opera would be March 31. She stated the Comedy and Pet Theatre; and, Smother Brothers
were sold out. She explained LuAnn Robinson would be giving a free lecture “Oshkosh on
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the Water” on March 15 and could be seen on Community Access Television Channel 2 for
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replays. She stated the Family Pet Expo would be March 25 at Sunnyview Exposition
Center. She explained Bill Sturm, City Forester, Paul Fowler, Southwest Rotary member, and
chair of the Environmental Beautification committee received an award for qualifying as a
Tree City, USA for 25 years. She congratulated Bill and his staff for their work. She invited
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citizens to an endowment fundraiser for the museum on April 21 featuring a Titanic dinner,
the menu would feature the last meal served on the Titanic.
Whatever Else is Pertinent or for the Good of the City
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Mr. Wollangk stated the reorganizational meeting would be April 18 at noon and on March
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28 there would be a workshop with CHAMCO.
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Mayor Castle announced the City Manager’s evaluation would be delayed until March 28
due to not all Council Member’s were present.
MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE
STATUS PRESENT AND PERSPECTIVE FOR
DELIBERATING AND NEGOTIATING AN ACQUISITION AND
/ OR LAND SALE IN THE CAMPBELL CREEK WATERSHED
AREA PURSUANT TO SECTION 19.85(1)(E) OF THE
WISCONSIN STATE STATUTES. (F. Tower; second,
Esslinger)
CARRIED:Ayes (6) B. Tower, Bain, Esslinger, F. Tower, Mattox, Castle
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MOTION:ADJOURN (F. Tower; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 9:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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