Loading...
HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday November 14,2006 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members Meredith Scheuermann, Dennis McHugh, Bryan Bain, Paul Esslinger, Burk Tower, Shirley Mattox and William Castle ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Scheuermann read the Invocation. The Pledge of Allegiance was led by Carlie Gonzales and Kaely Jungwirth from Smith Elementary School; and, Elizabeth Fritz and Mackenzie Tice from Sunset Elementary School. Public Hearing The Mayor ordered the following Public Hearing: 2007 City Budget Ralph Nielsen, 1617 W. 5th Avenue, representing the Senior Center presented a petition recognizing the Council's past support. Robert Cornell, 548 Smith Avenue, stated that the function of government was to provide service and that the quality of life issues should not be compromised. Bryan Fournier, 1111 Iowa Street, explained he was a city employee soon to be released of his responsibilities on the library bookmobile and stated concerns with work hours and compensation of sanitation employees. Jerry Anklam, 1402 Liberty Street, questioned if the sanitation equipment was operated in a manner that it was designed and beneficial for. There were no other appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the October 24,2006 meeting were presented as written. 1 Proceedings of the Common Council- November 14, 2006 The Report of the City Manager was read. Council Member McHugh questioned who comprised the Celebration of Lights Committee. He questioned the amount of money generated from the event and the cost to taxpayers. Mr. Wollangk responded. The bills were presented in the amount of $5,423,468.90. The Report of the City Clerk was read. Resolution 06-325 Approve Agreement with State of Wisconsin I Mobile Home Parks Resolution 06-326 Vacate Easement; Accept Easements: A) 2010 Dickinson Avenue B) Hearthstone Drive & Park Ridge Avenue C) Fraser Drive & Hemlock Court Council Member Mattox questioned if the sidewalks on Dickinson Avenue were installed prior to Council approval. She questioned if the concerns on Fraser Drive and Hemlock Court had been resolved. She also questioned if the City had standards for utility boxes. Council Member Tower suggested the City should make the utility companies aware of the quality control issues with the utility boxes. Mr. Wollangk and Mr. Patek responded. Resolution 06-327 Grant Conditional Use Permit; Approve Preliminary Planned Development - North of Fountain Avenue I US Highway 45 & East of County Road T Resolution 06-328 Award Bid I Liquid Oxygen I Water Filtration Plant Resolution 06-329 Award Bid I Public Works Contract No. 06-01 I Broad Street Turbine Generator Project Resolution 06-330 Approve Initial Resolution I Not Exceeding $12,500,000 General Obligation Bonds Resolution 06-331 Direct Advertisement, Sale of Approximately $12, 500, 000 General Obligation Corporate Purpose Refunding Bonds, Series 2006-D; and, Approximately $13,500,000 Aggregate Principal Amount of Water Revenue Bonds, Series 2006-E Resolution 06-332 Approve Appointments Resolution 06-333 Disallow Claim I Gehrt 2 Proceedings of the Common Council- November 14, 2006 Resolution 06-334 Disallow Claim I Murphy Resolution 06-335 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-327 (Esslinger; second, Scheuermann) CARRIED: Ayes (7) Scheuermann, McHugh, Bain, Esslinger, Tower, Mattox, Castle Resolution 06-327 Grant Conditional Use Permit; Approve Preliminary Planned Development - North of Fountain Avenue I US Highway 45 & East of County Road T MOTION: ADOPT (Bain; second, Scheuermann) MOTION: LOST: LAYOVER (Mattox; no second) LACK OF SECOND VOTE ON MOTION TO ADOPT: CARRIED: Ayes (6) Scheuermann, McHugh, Bain, Esslinger, Tower, Castle; Noes (1) Mattox Council Member Mattox expressed concerns with a residential area being located between two highways. She stated it was a prime area for an Industrial Park versus residential properties. She stated she would not support it as presented and proposed to have a group review the area and to postpone the vote for a month. Mayor Castle explained that the proposed zone change was to add a PD (Planned Development Overlay) to the current A-1 Light Agricultural. He also explained that an overpass was planned in 2009 between Ryf Road and Highway T. He stated his support for the use of the land. Council Member Bain had various questions pertaining to the proposed group review. Council Member Scheuermann questioned if there had been discussion with Chamco regarding the property since the Comprehensive Plan update. Council Member McHugh questioned if a new project would affect the development occurring on the west side of Highway 45. Mr. Kinney, Community Development Director, responded. Public Agenda Discussion: Ordinance 06-337 Approve Parking Regulations 3 Proceedings of the Common Council- November 14, 2006 Robert Cornell, 548 W. Smith Avenue, asked for Council's support regarding the parking regulations on Walnut Street. Ordinance 06-338 Enact Facility Charge I Leach Amphitheater Mike Dempsey, 89 Cove Lane, representative for Waterfest, stated they were not in support of the facility charge, he explained it would triple their occupancy costs at the Leach Amphitheater from about $20,000.00 to more than $60,000.00. He stated that Waterfest was supported and underwritten by sponsors, donors and volunteers, which allowed ticket prices to remain at an attractive price. He explained that they lost money this year, which would probably result in an increase to ticket prices. Council Member Esslinger stated that taxpayers now pay $20,000.00 a month for the facility. He questioned Mr. Dempsey if they would guarantee no increase in Waterfest ticket prices. Gary Eake, 2375 Highway 44, explained that the City of Neenah had a similar attraction and an increase in costs could possibly drive the public elsewhere. Robert Cornell, 548 W. Smith Avenue, questioned the venue difference between the Grand Theater and the Leach Amphitheater. He questioned why there should be a facility charge for one and not the other. Council Member Tower questioned Mr. Casper to differentiate between the Grand Theater and the Leach Amphitheater. John Casper, 120 Jackson Street, spoke on behalf of the Chamber of Commerce. He urged Council not to enact the facility charge. He explained that the Grand Theater was a venue of 600 people and the Leach Amphitheater was a venue of 8,000 people and added that the events for the outside Amphitheater were far more risky. He noted that Waterfest draws 40,000 to 50,000 individuals to the community, which creates financial opportunities for local merchants. He stated that the facility charge would reduce their ability to continue to bring top national acts to the facility. He stated that it would inhibit attendance and the attributes that were linked to it in addition to the ability to promote Oshkosh, Downtown Oshkosh, and Oshkosh on the Water. Ordinance 06-340 Approve Official Mapping: Storm Drainage Detention Areas A) West 9th Avenue & South Washburn Street B) Broad Street & East New York Avenue Gail Demler, 2115 W. 9th Avenue, urged Council to relocate the proposed detention pond for W. 9th Avenue and S. Washburn Street. 4 Proceedings of the Common Council- November 14, 2006 Jessica Machmueller, 423 E. New York Avenue, stated she understood the need for the detention pond that would be placed on the property that she and her husband currently own. She expressed a concern to prevent future miscommunication and poor planning that occurred when they recently purchased the property. She explained that two weeks after they moved in they were made aware of the situation. Sam Sundet, 1331 Maricopa Drive, spoke on behalf of the landowners of the proposed storm drainage area at W. 9th Avenue and South Washburn Street. He explained the development potential and the tax base that would be created on the property. He asked for alternative areas to be explored. Lee Engelman, 5421 Highway K, explained he owned 3.75 acres of land in the proposed area of W. 9th Avenue and S. Washburn Street. He stated it was a good idea but the wrong location, that there were other potential areas that could be utilized. He explained the property was a prime area for development and the City could not afford to lose the potential tax base that the property would generate. Mayor Castle questioned what other areas would be viable. Gary Eake, 2375 Highway 44, explained the potential locations/options: a five acre parcel by the Westhaven Golf Course, expanding existing waterways and ponds at the Golf Course, minimizing the size of the Golf Course, twenty acres near Witzel Avenue, and/or possible parcels near the Southwest Industrial Park. He stated that he was not an expert and did not know if the areas fell into the watershed, however those were sites in the area that appeared to have reasonable opportunity. Action Taken on Ordinances and Resolutions Ordinance 06-336 Approve Traffic Regulations MOTION: CARRIED: ADOPT (Esslinger; second, Scheuermann) Ayes (7) Scheuermann, McHugh, Bain, Esslinger, Tower, Mattox, Castle Mayor Castle questioned if the City would issue notices after signage was changed relating to parking regulations. Ordinance 06-337 Approve Parking Regulations MOTION: CARRIED: ADOPT (Esslinger; second, Scheuermann) Ayes (7) Scheuermann, McHugh, Bain, Esslinger, Tower, Mattox, Castle Ordinance 06-338 Enact Facility Charge / Leach Amphitheater MOTION: ADOPT (Esslinger; second, Bain) 5 Proceedings of the Common Council- November 14, 2006 MOTION: AMEND TO EXEMPT NON - PROFIT ORGANIZATIONS (Bain; second, Esslinger) CARRIED: Ayes (4) Bain, Tower, Mattox, Castle; Noes (2) McHugh, Esslinger; Present (1) Scheuermann MOTION: AMEND PROCEEDS TO BE USED FOR NON - ROUTINE MAINTENANCE NOT DEBT SERVICE AND FUNDS HELD AT THE OSHKOSH AREA COMMUNITY FOUNDATION (Tower; second, Bain) CARRIED: Ayes (5) McHugh, Bain, Esslinger, Tower, Mattox; Noes (1) Castle; Present (1) Scheuermann VOTE ON MOTION TO AMEND: CARRIED: Ayes (5) McHugh, Bain, Esslinger, Tower, Mattox; Noes (1) Castle; Present (1) Scheuermann Council Member Esslinger stated that the taxpayers have $4.5 million dollars invested in the Leach Amphitheater and he did not believe that an additional $1.00 fee would deter the public from attending functions. He noted that in the past he had proposed a cost of $1.50 to payoff the debt and to cover maintenance. He mentioned the possibility of the yard waste drop off site fee being increased from $15.00 to $20.00 and questioned if Council would support using the generated monies to pay down the drop off site charge. He questioned in what account the proceeds to be used for non-routine maintenance would be held at the Oshkosh Area Foundation. Council Member Scheuermann questioned if communications from PMI were received. She questioned why initially the facility charge was to go into a segregated fund to cover non- routine maintenance and future updates and questioned why now the debt was to be paid back first. She questioned who was responsible for making decisions involving non-routine maintenance. She stated that due to an employer conflict she would vote present. Mr. Kraft and Mr. Wollangk responded. Council Member Tower explained he would not support the fee to be used to payoff the debt, but he would support the fee to go for non-routine maintenance and for improvements, which would save the taxpayers money. Council Member McHugh stated a facility fee would not have a negative effect on ticket sales. He explained that the money should be used for improvements and maintenance. Mayor Castle stated that the individuals that operate Waterfest knew their market and he trusted their opinion. He explained that there was no debt on the Amphitheater, but that there was debt due to the contamination of the former site. He explained he would not support the facility charge at this time. 6 Proceedings of the Common Council- November 14, 2006 Council Member Bain explained the history of the action taken on past proposals. He stated a concern on where the money would go and how it would be utilized. He stated the majority of the impact would be on non-profit organizations. Council Member Mattox stated there was a risk to outdoor events and she would like to complete the term of the contract and review the facility charge at that time. Ordinance 06-339 Approve Zone Change / North of Fountain Avenue / US Highway 45 & East of County Road T MOTION: CARRIED: ADOPT (Esslinger; second, Bain) Ayes (6) Scheuermann, McHugh, Bain, Esslinger, Tower, Castle; Noes (1) Mattox Ordinance 06-340 Approve Official Mapping: Storm Drainage Detention Areas A) West 9th Avenue & South Washburn Street B) Broad Street & East New York Avenue MOTION: MOTION: CARRIED: MOTION: CARRIED: MOTION: CARRIED: ADOPT (Esslinger; second, Bain) DIVIDE ORDINANCE 06-340 INTO: ORDINANCE 06-340A - WEST 9TH AVENUE & SOUTH WASHBURN STREET; AND, ORDINANCE 06-340B - BROAD STREET & EAST NEW YORK AVENUE (Bain; second, Esslinger) Ayes (7) Scheuermann, McHugh, Bain, Esslinger, Tower, Mattox Castle ADOPT ORDINANCE 06-340A (Esslinger; second, Bain) Ayes (6) McHugh, Bain, Esslinger, Tower, Mattox, Castle; Noes (1) Scheuermann, ADOPT ORDINANCE 06-340B (Esslinger; second, Bain) Ayes (5) Scheuermann, Bain, Tower, Mattox, Castle; Noes (2) McHugh, Esslinger, Council Member Bain asked for clarification of Council's action and resolving the concerns in the drainage basin. He questioned if the areas in the Westhaven Golf Course area, which were referenced earlier, would serve the purpose. He questioned if there were other areas in the Campbell Creek Basin that would suffice and the availability of the vacant area on the corner of Waukau Avenue and Highway 44. He stated that the Council had two options; to either vote it down or to lay it over to allow Mr. Patek to explore other options. He stated concerns with the potential commercial development that could occur at the proposed site and the nearby housing with children in the area. He questioned the history of the land acquisition for the property of Broad Street and E. New York Avenue. 7 Proceedings of the Common Council- November 14, 2006 Council Member Scheuermann questioned what the next step would be if the motion lost. She questioned the input from the Department of Community Development. She stated there appeared to be other possibilities available and she would not support it at this time. Council Member Tower explained the issue of not stopping the water early enough if the area on Highway 44 was utilized and he questioned if future development would add to the water problems. He stated that a further study was reasonable at this time and added that he would support the official mapping of the property to protect the area at this time. Mayor Castle questioned if the re-build of Highway 41 would affect the water table. He also questioned the process for the City to acquire available property. Council Member Mattox questioned the option of piping water instead of having a retention pond. She questioned the amount of land necessary to alleviate the problem areas. She also questioned how the public was made aware of long term storm management plans. Council Member McHugh questioned the expected costs associated with land acquisition for the property on W. 9th Avenue and S. Washburn Street. He suggested using Landmark Plaza as an area for the detention area. He stated he would support the development of the property as a commercial site. In regard to Broad Street and E. New York Avenue he stated he would not support evicting someone from their home when there was a possibility that someone else would be interested in selling their property. Council Member Esslinger stated that vacant land should be a priority. He stated he would support a study and questioned if the study would include the Broad Street and E. New York Avenue property. Mr. Patek and John Leonard, representative of Strand & Associates responded. Citizen Statements Gordon Doule, 1225 Summit Avenue, expressed concerns regarding a recent attempt for a local group to present a petition to Winnebago County. He also expressed concerns regarding entrepreneurship. Council Member Statements Council Member Bain stated that the notes from last 5th Tuesday Forum in October would be available at the next meeting. He announced the next Forum would be January 30,2007. He stated a budget workshop would be held on November 20th and links to the information could be found on both the City Web Site and his web site. He commented on the closed meeting of February 14th and encouraged the public to read the letter form the Assistant Attorney General. He questioned if in the future someone with authority, within the City, would review final drafts of public notices. Mr. Wollangk responded. 8 Proceedings of the Common Council- November 14, 2006 Council Member Mattox explained that the City of Oshkosh had been culturally engaged for many years. She reviewed history of Felicia Kranz, her three sisters and the influence they had in regard to artistic and cultural resources for the City. She informed the public that there would be a movie featuring these women at the Museum on November 1 th and 18th. She stated that Opera House Square had a tree lighting ceremony last Friday, November 10th. She announced that she would not run for a fourth term as a Council Member and she encouraged others to serve the community. She said she would continue to serve the City because there were a number of causes that she passionately cared about. Council Member Esslinger made a statement regarding the February 14th closed meeting. He explained that the letter from the Assistant Attorney General was open to interpretation. He thanked Cheryl Hentz and Tony Palmerie for taking the time to file the petition. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk announced that the final budget workshop would be held at 5:00 p.m. on November 20th. He stated that the library received a Webbie Award for the best referenced site. He informed Council and citizens that Washburn Street opened today at 5:00 p.m. He explained that the City does not pick up leafs on weekends. MOTION: CARRIED: ADJOURN (Esslinger; second, Scheuermann) VOICE VOTE The meeting adjourned at 9:28 p.m. PAMELA R. UBRIG CITY CLERK 9