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P C C
ROCEEDINGS OF THE OMMON OUNCIL
C O , W
ITY OF SHKOSH ISCONSIN
REGULAR MEETING held Tuesday, June 24, 2003 at 6:00 p.m. in the Council Chambers,
City Hall.
Deputy Mayor Harris presided.
PRESENT: Council Members Shirley Mattox, William Castle, Frank To wer, Brian Poeschl,
Paul Esslinger, and Mark Harris
EXCUSED: Mayor Stephen Hintz
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member Matt ox read the Invocation.
The Pledge of Allegiance was led by Council Member Mattox.
P H
UBLIC EARINGS
The Deputy Mayor ordered the following Public Hearings:
Final Resolution/Vacating Portion of Bell Place
There were no appearances and the Public Hear ing was CLOSED.
Final Resolution/Paving, Utilities & Sidewalk/Algoma Boulevard
There were no appearances and the Public Hearing was CLOSED.
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Approve Zone Changes: A) 3870 Jackson Street; B) Portion of 1760 W. 7
Avenue
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the June 10, 2003 meeting were presented as written.
The Report of the City Manager was read.
Melanie Bloechl, 2388 Abbey Avenue, expressed various concerns regarding the request
to close We sthaven Drive for St. Raphael’s picnic.
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Proceedings of the Common Council – June 24, 2003
Council Member Castle explained that Westhaven Drive was a heavily traveled street and
expressed his concerns of closing that section of Westhaven Drive for a long pe riod of
time.
Council Member Poeschl stated he would not support the request due to the high volume of
traffic.
The bills were presented in the amount of $8,149,881.93
The Report of the City Clerk was read.
Resolution 03 - 179 Accept Easements/500 Block N. Main Street
Resolution 03 - 180 Grant Privilege in Street/Various Locations/Oshkosh Area School
District
Resolution 03 - 181 Award Bid/Hoist/Transit Department ( U. S. Petroleum
Equipment, Kimberly, $45,367.00)
Resolution 03 - 182 Approve Change Order N o. 1/Public Works Contract 99 - 02
(Pitt Des Moines, Increase, None)
Resolution 03 - 183 Approve Change Order No. 1/Public Works Contract 03 - 01
(Doerner Inc., Decrease $67,131.79)
Resolution 03 - 184 Final Resolution/Vacating Portion of Bell Place
Resoluti on 03 - 185 Determination of Necessity to Acquire Properties/510 Campus
Place & 211 Dawes Street
Bernie Pitz, 617 W. Irving Avenue, expressed his concerns regarding the City
continuing to purchase property.
Mr. Kinney, Director of Community Development re sponded.
Resolution 03 - 186 Determination of Necessity to Acquire Portions of 523 & 525 N.
Main Street
Bernie Pitz, 617 W. Irving Avenue, reiterated his concerns with the City purchasing
property.
Steve Bender, 810 Hawk Street, expressed his concerns re garding the city being
responsible for the properties.
Council Member Esslinger asked for clarification of what was being purchased. He
questioned why the downtown businesses did not purchase the land and turn it into
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parking.
Proceedings of the Commo n Council – June 24, 2003
Mr. Kinney responded.
Resolution 03 - 187 Final Resolution/Paving, Utilities & Sidewalk/Algoma Boulevard
Resolution 03 - 188 Issue Taxable General Obligation Refunding Bonds, Series 2003 - D
Resolution 03 - 189 Issue General Obligatio n Refunding Bonds, Series 2003 - E
Resolution 03 - 190 Temporary Fund Transfer/TIF 13
Bernard Pitz, 617 W. Irving Avenue, questioned who was responsible for the funds after it
was transferred to the TIF account.
Mr. Wollangk responded.
Resolution 03 - 191 Di sallowance of Claim/Brey
Resolution 03 - 192 Approve Appointments/Various Boards
Resolution 03 - 193 Approve Miscellaneous City Licenses
*The City Manager’s Report and Resolution 03 - 186 were removed for separate
considerations.
MOTION: ADOPT CONSENT AGEND A EXCLUDING THE CITY MANAGER’S
REPORT AND RESOLUTION 03 - 186
(Esslinger; second, Tower)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
City Manager’s Report
MOTION: ADOPT (Castle; second, Esslinger)
MOTION: DIVIDE CITY MANAGER ’S REPORT INTO PART A BEING
EVERYTHING EXCEPT REQUEST FROM ST. RAPHAEL’S; AND,
PART B BEING THE REQUEST OF ST. RAPHAEL’S (Castle;
second, Esslinger)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
MOTION: ADOPT PART A OF CITY MANAGE R’S REPORT / EVERYTHING
EXCEPT REQUEST FROM ST. RAPHAEL’S (Castle; second,
Tower)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
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MOTION: ADOPT PART B OF CITY MANAGER’S REPORT / REQUEST OF
ST. RAPHAEL’S (Castle; second, Poeschl)
LOS T: Ayes (1) Mattox;
Noes (5) Castle, Tower, Poeschl, Esslinger, Harris
Proceedings of the Common Council – June 24, 2003
Resolution 03 - 186 Determination of Necessity to Acquire Portions of 523 & 525 N.
Main Street
MOTION: ADOPT (Esslinger; second, Castle)
CARRIED: Ayes (4) Mattox, Castle, Tower, Harris;
Noes (2) Poeschl, Esslinger
Council Member Esslinger felt it was not the City’s responsibility to improve the property.
Public Agenda Discussion
Resolution 03 - 198 Establish Stormwater Utility Policy & Rates
The following residents were opposed to establishing the policy and/or rates:
Ken Bender, 806 Oak Street
Hugh Carver, 1261 Merritt Street
Roger Jaynes, representing EAA, 3000 Poberezny Road
Jim James, representing Oshkosh Marine Supply, 3515 N. Main Street
Robert Wood, representing Baymont Inn, 1950 Omro Road
Dick Rickle, 1835 Cliffview Court, Mercy Medical Center
Dan Roth, representing, SNC Manufacturing, 101 Waukau Avenue
David Borsuk, 1970 Cliffview Court
Tom Sonnleitner, representing University of Wisconsin Oshkosh
John Casper, representing The Chamber of Commerce, 120 Jackson Street
Hugh Carver, 1261 Merritt Street
Bernard Pitz, 617 W. Irving Street
The following residents supported the policy and/or rates:
Melanie Bloechl, 2388 Ab bey Avenue
Robert Cornell, 548 W. Smith Avenue
Mr. Wollangk responded to the citizens concerns.
Resolution 03 - 200 Approve Parks Department Five Year Plan
Hugh Carver, 1261 Merritt Street, expressed various concerns regarding projects in the
park plan.
Action Taken on Ordinances and Resolutions
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Ordinance 03 - 194 Approve Traffic Regulations
FIRST READING
Proceedings of the Common Council – June 24, 2003
MOTION: SUSPEND RULES FOR CONSIDERATION (Tower; second,
Castle)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
MOTION: ADOPT (Tower; second, Esslinger)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
Council Member Tower explained the reason for adopting the ordinance on the first readi ng
was that there would be a traffic light installed on the corner of Witzel Avenue and
Westhaven Drive.
Ordinance 03 - 195 Approve Parking Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 03 - 196 Approve Zone Changes:
A) 3870 Jackson Stre et
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B) Portion of 1760 W. 7 Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 03 - 197 Approve Felker Annexation
FIRST READING; LAID OVER UNDER THE RULES
Resolution 03 - 198 Establish Stormwater Utility Policy & Rates
MOTION: ADOPT (Castle; second, Esslinger)
MOTION: AMEND TO CHANGE EQUILIVALENT RUNOFF UNIT FROM
$38.50 TO $19.10 (Harris; second, Castle)
CARRIED: Ayes (5) Mattox, Castle, Tower, Poeschl, Harris;
Noes (1) Esslinger
MOTION: AMEND CUSTOMER CLASS - RESIDENTIAL FROM 3 T IER
TO 2 TIER (LARGE & SMALL) (Esslinger; second, Poeschl)
WITHDRAWN
MOTION: AMEND USER CLASSES EFFECTIVE JANUARY 1, 2004:
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1. BOTTOM 20% .5 ERU
2. AVERAGE 60% 1. ERU
3. TOP 20% 1.5 ERU
4. OTHER DEVELOPED PROPERTIES/3 UNI TS
5. UNDEVELOPED PROPERTIES
(Harris; second, Tower)
WITHDRAWN
Proceedings of the Common Council – June 24, 2003
MOTION: AMEND CREDIT POLICY: 70% CREDIT WITH 0%
CONTRIBUTION (Esslinger; second, Tower)
CARRIED: Ayes (4) Mattox, Castle, Poeschl, Essl inger;
Noes (2) Tower, Harris
MOTION: LAYOVER UNTIL JULY 8, 2003 (Castle; second, Tower)
CARRIED: Ayes (5) Mattox, Castle, Tower, Poeschl, Harris;
Noes (1) Esslinger
Council Member Castle questioned the need for public participation at an ad visory
board level regarding the stormwater utility.
Council Member Esslinger felt an advisory board made up of citizens and business
owners was needed to review the stormwater utility.
Council Member Harris explained the amendment he was offering.
Co uncil Member Esslinger stated that he was uncomfortable with the figures and would not
support the amendment.
Mr. Wollangk responded.
Council Member Tower questioned what the debt service was for the stormwater utility. He
also questioned how the water a nd wastewater rates were determined.
Mr. Wollangk and Mr. Nokes, Director of Finance responded.
Council Member Poeschl questioned how the amendment would affect businesses.
John Ferris, representing Earth Tech, gave an explanation of the stormwater util ity.
Council Member Esslinger questioned the difference between a two and three tier user
class. He felt residential areas should only have two tiers.
Mr. Patek responded.
Council Member Harris suggested an amendment to the user class with five segment s.
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Council Member Castle questioned if a time frame was implemented when this would take
affect.
Council Member Tower questioned the amendment regarding the credit amount and if that
change would impact the other percentages.
Mr. Wollangk responded.
Th e council took a ten - minute break at 8:30 p.m.
Proceedings of the Common Council – June 24, 2003
Resolution 03 - 199 Approve Special Class “B” Licenses/Oshkosh Chamber of
Commerce
MOTION: ADOPT (Castle; second, Tower)
CARRIED: Ayes (5) Mattox, Ca stle, Tower, Poeschl, Harris;
Present (1) Esslinger
Council Member Esslinger questioned why the licenses for Waterfest were not all
presented to the Council at one time.
Mr. Wollangk and Ms. Ubrig responded.
Resolution 03 - 200 Approve Parks Departme nt Five Year Plan
MOTION: ADOPT (Castle; second, Esslinger)
CARRIED: Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Harris
Council Member Esslinger asked for an explanation regarding the various segments of the
park plan.
Mr. Stephany, Director of Parks, responded.
Citizen Statements
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding road rage in the
community.
Phil Levine, 2950 Rebecca Run, gave an explanation of how smoke free dining would affect
businesses. He suggested a workshop to discuss the future of this project.
Bernard Pitz, 617 W. Irving Avenue, expressed his concerns regarding the maintenance of
streets in the City of Oshkosh.
Ken Bender, 806 Oak Street, felt citizens should have the freedom to smoke in restau rants
if they serve alcohol.
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Council Member Statements
Council Member Poeschl expressed his concerns regarding lawn service companies doing
business outside the city limits and dropping the clippings off at the city garage. He
thanked the boaters for r ecognizing the safety issues at Waterfest on Thursday nights.
Council Member Mattox discussed various events that were taking place in the community.
Council Member Esslinger congratulated Mr. Carver on his career as a teacher.
Proceedings of the Comm on Council – June 24, 2003
Council Member Harris stated that he would pursue the smoking issue in the City of
Oshkosh. He felt the businesses and the city could work together to come up with a
solution.
Whatever Else is Pertinent or For the Good of The C ity
Mr. Wollangk stated there was a savings of $915,350.00 on the refinancing bond issue that
the Council approved earlier in the meeting.
There was no other business before the Council.
MOTION: ADJOURN (Castle; second, Esslinger)
CARRIED: VOICE VOTE
T he meeting adjourned at 9:30 p.m.
PAMELA R. UBRIG
CITY CLERK
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