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Home My WebLink AboutMinutesPROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH, WISCONSIN O./HKO./H ON THE WATER REGULAR MEETING held Tuesday, November 25, 2003 at 6:00 p,m, in the Council Chambers, City Hall, Mayor Hintz presided, PRESENT: Council Members Mark Harris, Shirley Mattox, William Castle, Frank Tower, Brian Poeschl, Paul Esslinger, Stephen Hintz ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Harris read the Invocation, The Pledge of Allegiance was led by Amanda Koch and Jennifer Schimke from Jefferson Elementary School; and, Christopher Urbschat and Kelsey Gelhar from Smith Elementary School. Public Hearing The Mayor ordered the following Public Hearing: Approval & Authorization to Submit the City of Oshkosh 2004 Action Plan to Obtain 2004 Community Development Block Grant Entitlement Funds Ken Bender, 806 Oak Street, expressed his concerns regarding the disbursement of funds. There were no other appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the November 11, 2003 meeting were presented as written. The Report of the City Manager was read. Robert Comell, 548 W. Smith Avenue, expressed his concerns regarding the timing of the 4th Of July parade. He felt the parade should not be held on a Sunday and requested the Council to pass an ordinance that would ban this in the future years. The bills were presented in the amount of $3,218,033.05. Proceedings of the Common Council-November 25, 2003 Resolution 03-469 Approve Parking Agreement/Adopt 2004 Final Operating Plan/Bid District Ken Bender, 806 Oak Street, expressed his concerns regarding funds being spent on a parking lot. Norm Packer, 2515 Gaslight Court, gave a brief history of what the BID Board had completed for the better of the community. He urged the Council to approve the agreement. Terry Laib, 1347 Washington Avenue, stated the agreement was important for the community. Resolution 03-470 Approval & Authorization to Submit the City of Oshkosh 2004 Action Plan to Obtain 2004 Community Development Block Grant Entitlement Funds Council Member Esslinger questioned if the Citizens Advisory Committee could disperse the funds. Mr. Wollangk and Mayor Hintz responded. Resolution 03-471 Authorize Submittal of Brownfields Cleanup Grant Application/Environmental Protection Agency Ken Bender, 806 Oak Street, questioned the funds being used for the Wisconsin Public Service property. Hugh Carver, 1261 Merritt Avenue, expressed his concerns regarding the funds being used to cleanup the Wisconsin Public Service property. Resolution 03-472 Approve Agreement/State of Wisconsin Department of Health & Family Services/Division of Public Health/Consolidated Contract Resolution 03-473 Vacate Utility Easement/Foster Heights Subdivision Resolution 03-474 Accept Highway & Utility Easements/West Side of Fond du Lac Road at Johnson Avenue Resolution 03-475 Approve 2004 Administrative Staff Compensation Resolution 03-476 Approve Labor Contracts for 2004-2006 A) Oshkosh Professional Police Officers Association B) Oshkosh Fire Department Chief Officers 2 C) Oshkosh Police Supervisor's Association Proceedings of the Common Council-November 25, 2003 Resolution 03-477 Approve Permit Fees/Yard Waste Disposal Sites Ken Bender, 806 Oak Street, expressed his displeasure that there would be fees for residents and non-residents to use the facility. Resolution 03-478 Authorize Forestry Department Grants: A) Street Tree Inventory Grant B) Arbormaster Training Grant Resolution 03-479 Amend Various Park Fees/Cemetery Fees Resolution 03-480 Increase Petty Cash Fund/Police Department Resolution 03-481 Disallow Claim/John Kruser Resolution 03-482 Disallow Claim/LeRoy & Mary Ann Mengel Resolution 03-483 Approve Miscellaneous Licenses *Resolutions 03-469, 03-470, 03-477, and 03-479 were removed for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING 03-469, 03-470, 03-477 AND 03-479 (Esslinger; second, Tower) CARRIED: Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Resolution 03-469 Approve Parking Agreement/Adopt 2004 Final Operating Plan/Bid District MOTION: ADOPT (Poeschl; second, Tower) MOTION: AMEND THE 2004 DEBT SERVICE FROM $15,000 TO $21,900 (Esslinger; second, Poeschl) CARRIED: Ayes (6) Harris, Castle, Tower, Poeschl, Esslinger, Hintz; Noes (1) Mattox VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (6) Harris, Castle, Tower, Poeschl, Esslinger, Hintz; Noes (1 Mattox Council Member Mattox felt the improvements were needed for the BID District. 3 Proceedings of the Common Council-November 25, 2003 Resolution 03-470 Approval & Authorization to Submit the City of Oshkosh 2004 Action Plan to Obtain 2004 Community Development Block Grant Entitlement Funds MOTION: CARRIED: ADOPT (Tower; second, Esslinger) Ayes (6) Mattox, Castle, Tower, Poeschl, Esslinger, Hintz; Present (1) Harris Resolution 03-477 Approve Permit Fees/Yard Waste Disposal Sites MOTION: ADOPT (Poeschl; second, Esslinger) MOTION: CARRIED: AMEND USER FEES TO $15.00 FOR RESIDENT AND $75.00 FOR NON-RESIDENT (Harris; second, Castle) Ayes (5) Harris, Mattox, Castle, Tower, Hintz; Noes (2) Poeschl, Esslinger VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (6) Harris, Mattox, Castle, Tower, Esslinger, Hintz; Noes (1) Poeschl Council Member Harris expressed his concerns regarding the fees and felt citizens should not be discouraged to use the recycling center. Council Member Mattox stated that the recycling area was valuable to the community. She questioned if the fee would go down in the future. Mr. Wollangk responded. Council Member Poeschl felt the original amount was not too much and stated he would support the original resolution. Mayor Hintz stated the Council would review the situation a year from now to see if any changes could be made. Council Member Castle questioned where the permits would be purchased. Council Member Esslinger stated that if the fees generated were not enough, there could be increases in the future. Mr. Wollangk responded. 4 Proceedings of the Common Council-November 25, 2003 Resolution 03-479 Amend Various Park Fees/Cemetery Fees MOTION: ADOPT (Esslinger; second, Tower) MOTION: AMEND THE PARKS SYSTEM FEE SCHEDULE-REDUCE THE NON-RESIDENT FEE BY $5.00 IN EACH CATEGORY (Poeschl; no second) LOST: LACK OF SECOND VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Public Agenda Discussion Ordinance 03-485 Establish Pick-Up Fee/Oversized Refuse Items Ken Bender, 80(5 Oak Street, expressed his concerns regarding the proposed fees to pick up larger items. Hugh Carver, 1121 Merritt Avenue, questioned when items were placed on the terrace, did they belong to the city or the homeowner. Robert Comell, 548 W. Smith Avenue, stated it was a good idea to have a fee for large items. Resolution 03-488 Approve 2004 Capital Improvement Program Thomas Voelker, 4(5 W. 17th Avenue, expressed his concerns regarding street improvements on 17th Avenue. He felt there were other streets that needed improvements more than 17th Avenue. Action Taken on Ordinances and Resolutions Ordinance 03-484 MOTION: CARRIED: Ordinance 03-485 MOTION: Parking Regulations ADOPT (Tower; second, Esslinger) Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Establish Pick-Up Fee/Oversized Refuse Items ADOPT (Esslinger; second, Tower) 5 MOTION: AMEND TO HAVE A CAP OF $50.00 (Esslinger; second, Tower) CARRIED: Ayes (4) Harris, Tower, Poeschl, Esslinger; Noes (3) Mattox, Castle, Hintz Proceedings of the Common Council-November 25, 2003 VOTE ON ORDINANCE AS AMENDED: CARRIED: Ayes (6) Harris, Castle, Tower, Poeschl, Esslinger, Hintz; Noes (1) Mattox Council Member Mattox expressed her concerns regarding this being an environmental issue. She stated she would not support the ordinance. Council Member Esslinger suggested the citizens of the community put an ad in the local paper for items that are recyclable. He also felt there should be a cap on the amount. Council Member Harris questioned if there was another option to pay besides coming to City Hall. He also questioned who would pay when it's a rental unit and a tenant leaves an abundance of items. Mr. Wollangk responded. Council Member Castle expressed his concern that citizens would take advantage of the cap verses renting a dumpster. Council Member Poeschl expressed his concerns regarding the inconsistency of pick-ups. Mayor Hintz stated that recycling should be encouraged and expressed he would not support the amendment. Ordinance 03-486 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 03-487 Amend Various Park Fees FIRST READING; LAID OVER UNDER THE RULES Resolution 03-488 Approve 2004 Capital Improvement Program MOTION: ADOPT (Castle; second, Esslinger) MOTION: AMEND WEST 17TM AVENUE TO 32 FEET FROM MINNESOTA STREET TO OREGON STREET, 36 FEET FROM OREGON STREET TO NEBRASKA STREET; AND 32 FEET FROM NEBRASKA STREET TO SOUTH MAIN STREET (Esslinger; second, Tower) 6 CARRIED: Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Proceedings of the Common Council-November 25, 2003 MOTION: LOST: AMEND TO REMOVE $100,000 FROM PARKS EQUIPMENT AND $50,000 FROM TENNIS COURT IMPROVEMENTS (Esslinger; second, Poeschl) Ayes (2) Poeschl, Esslinger; Noes (5) Harris, Mattox, Castle, Tower, Hintz MOTION: CARRIED: AMEND THE 1800 FEET ON W. 17TM AVENUE FROM CONCRETE PAVING TO A COMBINATION OF HOT AND COLD ASPHALT (Poeschl; second, Hintz) Ayes (5) Mattox, Castle, Tower, Poeschl, Hintz; Noes (2) Harris, Esslinger MOTION: CARRIED: RESCIND THE AMENDMENT THAT W. 17TM AVENUE BE 32 FEET WIDE, EXCEPT BETWEEN OREGON STREET TO NEBRASKA STREET IT WOULD BE 36 FEET (Castle; second, Mattox) Ayes (6) Harris, Mattox, Castle, Tower, Poeschl, Hintz; Noes (1) Esslinger VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Council Member Castle questioned if there was enough footage for parking and if sewer would need to be installed the entire length of the street. Mr. Patek responded. Council Member Mattox expressed her concerns regarding citizens being assessed for a larger amount of footage. She stated that not all residents need a concrete street and cold mix overlay would be sufficient for 17th Avenue. Council Member Poeschl questioned the footage from sidewalk to sidewalk. Council Member Harris stated he would like to see Iowa Street added to the Capital Improvement Program due to the fact a petition had been filed for that street. Mr. Wollangk and Mr. Patek responded. Resolution 03-489 Adopt 2004 City Budget 7 MOTION: ADOPT (Esslinger; second, Castle) MOTION: AMEND TO REDUCE THE STORMWATER UTILITY RATE BY 20% (Castle; second, Tower) LOST: Ayes (3) Mattox, Castle, Tower; Noes (4) Harris, Poeschl, Esslinger, Hintz Proceedings of the Common Council-November 25, 2003 MOTION: AMEND IMPACT ON PAGES 169 & 277 AS A RESULT OF THE PARKS & REVENUE FACILITY MANAGER SHOULD BE REDUCED TO A COMBINED INCREASE OF $3,000 (Esslinger; second, Poeschl) LOST: Ayes (3) Harris, Poeschl, Esslinger; Noes (4) Mattox, Castle, Tower, Hintz VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Council Member Castle offered an amendment of 20% for the stormwater utility. Council Member Tower asked for clarification of the amendment. Mayor Hintz explained by reducing the stormwater utility, it would cut back on the basic funds. Council Member Mattox questioned if the stormwater utility fee was mandated from the state. She also expressed her concerns regarding how the parks position was created. Council Member Esslinger questioned the amount of money that the Park Revenue Facility Manager received in a previous year and the proposed increase for 2004. Mr. Wollangk and Mayor Hintz responded. Council Member Poeschl asked for clarification of the position. Mr. Tom Stephany, Parks Director responded. Resolution 03-490 MOTION: CARRIED: Resolution 03-491 MOTION: CARRIED: Approve 2003 Tax Levy ADOPT (Esslinger; second, Tower) Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz Adopt 2003 Tax Rates & Levy ADOPT (Esslinger; second, Poeschl) Ayes (7) Harris, Mattox, Castle, Tower, Poeschl, Esslinger, Hintz 8 Citizen Statements Janet Moldenhauer, 1845 Wisconsin Street, expressed her concerns regarding the closing of Pollock Pool. Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding smoking issues. Proceedings of the Common Council-November 25, 2003 Rose Collier, 1695 River Mill Road, asked that if a new bridge was going to be built on Wisconsin Street, if it could be a bridge that does not open due to the hospitals being in the westside of city. Ken Bender, 806 Oak Street, expressed various concerns regarding the changes in the city. Patricia Diener, 30 Eveline Street, thanked the Council for the basketball hoops at Stevens Park. Randy Guzman, 620 Waugoo Avenue, stated the parking restrictions on Waugoo Avenue needed to be reviewed. Mayor Hintz responded. Council Member Esslinger suggested Mr. Guzman present this to theTraffic Review Board. Council Member Statements Council Member Tower questioned the status of the generators for the sewage treatment plant. Mr. Wollangk responded. Council Member Esslinger questioned when a workshop would be held to review the survey of the inspector's office. Council Member Mattox thanked the Leach Company for their donation of the amphitheater to be built at Riverside Park. Council Member Harris explained there were a number of events that took place to get the budget finalized. He felt it was a challenge but the Council worked together to make it a success. Mayor Hintz thanked the City Manager and staff for their efforts on the budget. 9 Whatever Else is Pertinent or for the Good of the City Mr. Wollangk thanked the Council for their work on the budget. He stated that tax bills would be mailed in the next couple weeks. He reminded citizens that the Council meeting on December 23rd would be held at noon. Proceedings of the Common Council-November 25, 2003 There was no other business before the Council. MOTION: ADJOURN (Castle; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 9:15 p.m. PAMELA R. UBRIG CITY CLERK 10