Loading...
HomeMy WebLinkAboutMinutesO../'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, May 9, 2000 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members R. Matt O'Malley, Melanie Bloechl, M. Kevin McGee, Mark L. Harris, Stephen Hintz, Paul J. Esslinger and Jon Dell'Antonia ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member O'Malley read the Invocation. The Pledge of Allegiance was led by Forest Kirschbaum from Emmeline Cook Elementary School; and, Billy Mahoney from Oaklawn Elementary School. Acanthus Awards were presented to First Presbyterian Church and Inky Jungwirth by Susan Kepplinger, of the Planning Division, on behalf of the Landmark Commission. CITIZEN STATEMENTS Daunita Kline, 912 Leeward Court, stated that there was a department store in Oshkosh that carried the items she thought were not available in the city. The Mayor ordered the following Public Hearing: Approve Modification #2/Excelsior-Badger Redevelopment Project Plan There were no appearances and the Public Hearing was CLOSED. CONSENT AGENDA The minutes of the April 25, 2000 meeting was presented as written. The Report of the City Manager was read. PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 The bills were presented in the amount of $1,057,990.43. The Report of the City Clerk was read. Resolution 00-181 Approve Modification #2/Excelsior-Badger Redevelopment Project Plan Resolution 00-182 Determination of Necessity/Establish Fair Market Value/Authorize Purchase/Approve Fund Transfer/Approve Reimbersement/234 N. Campbell Road Don Kutchera, 945 Anchorage Court, explained the fund raising for the project and asked Council to support the resolution. Joe McCreery, 4020 Windermere Lane, stated some of the benefits that would come from the purchase of the building. He asked Council to support the resolution. Resolution 00-183 Approve and Execute Revised Relocation Order/Determination of Necessity to Acquire Property/Accept Easements-Jackson Street Reconstruction/Algoma Boulevard to W. New York Avenue David Timm, 618 Jackson Street, questioned the reason for the revision to the Jackson Street reconstruction project. He urged the Council to not support the resolution. Bill Christianson, 1231 Jackson Street, questioned how the change in elevation would affect the properties and the placement of the utility poles. Mr. Patek responded. Candace Cain, 839 Jackson Street, felt that the Council should not vote on the resolution until they could study the information and be able to make an educated decision regarding this project. Ross Wandschneider, 1609 Jackson Street, questioned if there could be a wider terrace to allow for a buffer zone for those who use the sidewalks. Resolution 00-184 Approve Memorandum of Agreement/Jackson Street Reconstruction Project Council Member Hintz questioned the wording used for lighting in this project. 2 PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Council Member Bloechl questioned the need for brick pavers in the portion of Jackson Street. Susan Kemplinger, Principle Planner of Community Development, responded. Resolution 00-185 Authorize Participation in Wisconsin Home Rental Rehab Program Ken Bender, 80(~ Oak Street, questioned the use of tax payers money to rehabilitate rental properties. Council Member McGee felt the money spent would be a benefit to the rehabilitation program. Resolution 00-18(~ Grant Privilege in Street/Various Locations Charles Stahowiak, Product Manager for McCIoud USA, (~400 C Street, Cedar Rapids, Iowa, explained the company would be working with the city to provide better networking and was there to answer questions of the Council. Resolution 00-187 Grant Conditional Use Permit/Approve Final Planned Development/Ryf Road Resolution 00-188 Establish Fair Market Value/Authorize Purchase/4(~9 Pearl Avenue Resolution 00-189 Award Contract-City Hall/Police Department Space Needs Study (Potter Lawson Architects, Madison, WI $41,500.00) Resolution 00-190 Approve Agreement/Engineering Services USH 45 Project Resolution 00-191 Initial Resolution/Concrete Paving/County Trunk Highway A Resolution 00-192 Authorize Borrowing/State Trust Fund Resolution 00-193 Award Bid/Public Works Contract No. 00-02/Concrete Paving (James Cape & Sons Co., Racine, WI $2,452,900.00) Resolution 00-194 Waive Bids/Purchase Fireworks Resolution 00-195 Award Bids/Truck Chassis and Dump Body/Street Department (Packer City International, Appleton, WI, $45,300.00; Monroe Truck Equipment, Depere, WI, $3(~,778.00) PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Resolution 00-196 Award Bids/Fuel System and Gate Entry/Central Garage (Uni Pump Inc., Menomonee Falls, WI, $26,725.00) Resolution 00-197 Disallowance of Claim/Katherine Dahlke Resolution 00-198 Approve AppointmentsNarious Resolution 00-199 Approve Miscellaneous City Licenses Hugh Hughes, 1222 Washington Avenue, was there to answer questions of the Council that pertained to the St. Vincent DePaul Catholic Church Vincentfest 2000. Council Member Bloechl questioned Mr. Hughes regarding the times for the event. Council Member McGee questioned the legal limitations of the Class "B" temporary license. Mr. Kraft responded. *Resolutions 00-182, 00-183, 00-189 and 00-192 were removed for separate considerations. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 00-182, 00-183, 00-189 and 00-192 (Bloechl; second, McGee) MOTION: CARRIED: AMEND RESOLUTION 00-196 TO REMOVE COUNCIL MEMBER O'MALLEY AS COUNCIL REPRESENTATIVE FOR THE OSHKOSH C.A.N. BOARD (O'Malley; second, Bloechl) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia MOTION: CARRIED: AMEND RESOLUTION 00-199 BY CHANGING THE ENDING TIMES FOR THE ST. VINCENT DEPAUL CATHOLIC CHURCH VlNCENTFEST TO 12:00 MIDNIGHT ON THE 2ND AND 3RD AND 8:00 P.M. ON THE 4TM (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia 4 PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 MOTION: AMEND RESOLUTION 00-184 MEMORANDUM OF AGREEMENT STIPULATION #1 BY ADDING "WITH THE APPROVAL OF THE STATE HISTORICAL PRESERVATION OFFICER" TO THE SECOND SENTENCE (Hintz; second, O'Malley) WITHDRAWN BY COUNCIL MEMBERS HINTZ AND O'MALLEY VOTE ON CONSENT AGENDA AS AMENDED CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Resolution 00-182 Determination of Necessity/Establish Fair Market Value/Authorize Purchase/Approve Fund Transfer/Approve Reimbersement/234 N. Campbell Road MOTION: ADOPT (Bloechl; second, McGee) MOTION: LOST: LAYOVER UNTIL ADDITIONAL FUNDING SOURCES ARE SECURED FROM OTHER COMMUNITIES THAT HAVE ENJOYED THE SERVICES THE SENIOR CENTER PROVIDES AND THE POPULATION NUMBERS FOR THOSE COMMUNITIES OUTSIDE THE CITY OF OSHKOSH WHO ARE USING THE SENIOR CENTER(Bloechl; second, O'Malley) Ayes (2) O'Malley, Bloechl; Noes (5)McGee, Harris, Hintz, Esslinger, Dell'Antonia VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (5)McGee, Harris, Hintz, Esslinger, Dell'Antonia; Noes (2) O'Malley, Bloechl Council Member Bloechl questioned what the actual cost would be for the building if the Senior Center would not be able to come up with the funding. She stated she would not support the resolution. Mr. Kraft and Mr. Wollangk responded. Council Member Harris questioned the ownership of the building. He felt confident that the Senior Center and other surrounding communities would be able to raise the additional funds. PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Council Member O'Malley questioned the operational cost and suggested a time frame be added for the Senior Center to raise the funds. He stated that the city should have something in writing with the surrounding communities indicating they would contribute to the center. Mr. Kraft responded. Council Member McGee felt the risk was minimal and that the Council had other options available if needed. Council Member Esslinger felt the amount of use to the Senior Center justified the new building and stated he would support the resolution. Council Member Hintz felt that this was an excellent opportunity and a good example of businesses and the city working together. He stated he was confident the funding would be raised. Resolution 00-183 Approve and Execute Revised Relocation Order/Determination of Necessity to Acquire Property/Accept Easements-Jackson Street Reconstruction/Algoma Boulevard to W. New York Avenue MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: CARRIED: LAYOVER UNTIL MAY 23, 2000 COUNCIL MEETING (Hintz; second, McGee) Ayes (4) O'Malley, McGee, Harris, Hintz; Noes (3) Bloechl, Esslinger, Dell'Antonia Council Member Hintz felt the Council needed time for discussion on the revision and to find the best outcome for the city and the citizens. He stated that it would be a chance for all sides to communicate. Council Member Esslinger stated he had enough information and felt there was no need for the layover. Council Member Bloechl explained the project has been going on for several years and with the hurdles the city has had to deal with she felt the layover was not necessary. She also questioned what the cost would be with the change to the project. Council Member O'Malley questioned when the resolution was written and commended the property owners for their efforts. 6 PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Mr. Wollangk responded. Council Member Harris stated he would support the layover that would give the property owners a final opportunity to communicate and reach a reasonable conclusion for the project. Mayor Dell'Antonia questioned if the resolution was passed would the property owners still be able to sign the temporary easements. Mr. Patek and Mr. Wollangk responded. Susan Kemplinger, Principle Planner of Community Development, explained the time frame the city had to work with. Council Member Esslinger questioned if the city had ever paid for easements on temporary construction in the past. Mr. Patek responded. Resolution 00-189 Award Contract-City Hall/Police Department Space Needs Study (Potter Lawson Architects, Madison, WI $41,500.00) MOTION: CARRIED: ADOPT (McGee; second, Bloechl) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Bloechl questioned the contingency fee in the Space Needs Study contract. Mr. Wollangk explained. Resolution 00-192 Authorize Borrowing/State Trust Fund MOTION: CARRIED: ADOPT (Bloechl; second, McGee) Ayes (5)McGee, Harris, Hintz, Esslinger, Dell'Antonia; Noes (2) O'Malley, Bloechl Mayor Dell'Antonia stated he would support the resolution but felt it needed to be understood that the city would be purchasing the building and Council would later address the resident/non-resident problem. PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Council Member Bloechl stated she would need to see the population numbers before she would support the resolution. The Council took a ten minute break at 8:15 p.m. PUBLIC AGENDA DISCUSSION Resolution 00-20(~ Approve Agreement/Wisconsin Department of Transportation-State Highway 21 Ted Leyhe, 1540 Algoma Boulevard, expressed reasons that Algoma Boulevard should not be widened and urged the Council to vote down the resolution. Steve Szydlik, 1552 Algoma Boulevard, stated the reasons given for widening Algoma Boulevard were inadequate. He stated he opposed the agreement and asked the Council to defeat the resolution. David Nesseler, 144(~ W. New York Avenue, asked the Council to recognize the value of the neighborhood and understand what the property owners would like. Robert Kujawa, 504 W. Nevada Avenue, asked Council to support the resolution and presented various reasons why he felt the project would be a benefit to the city. Council Member Esslinger questioned whether or not the property values would go down and what percentages the state would provide funding for. Mr. Wollangk explained. Council Member Bloechl questioned if sidewalks were included in the agreement and who would be reponsible for the funding. Mr. Patek responded. Chloe Wandschneider, 1 (~09 Jackson Street, felt the widening of the street would affect the neighborhood and questioned if the parking would be taken away. Resolution 00-207 Approve City Management/Lakeshore Municipal Golf Course Bill Gogolewski, 1522 Graham Avenue, asked the Council to support the resolution. PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Robert Mugerauer, 727 Florida Avenue, felt the Council should support the resolution and give the Parks Board three years to see what they can do with the course. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 00-200 Traffic Regulations MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-201 Amend Special Assessments/Deferred Payment/Interest Rate MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-202 Approve Zone Change/SW Corner Packer Avenue and Wisconsin Street MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-203 Amend Zoning Ordinance/Day Care Centers MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Harris questioned what the procedure would be for someone to operate under a conditional use permit. He felt that a day care would increase the traffic in a residential area. Mr. Kraft responded. PROCEEDINGS OF THE COMMON COUNCIL- MAY .9, 2000 Ordinance 00-204 Approve Oshkosh Kennel Club II Annexation/Town of Oshkosh MOTION: SUSPEND THE RULES (Bloechl; second, O'Malley) LOST: Ayes (2) O'Malley, Bloechl; Noes (5)McGee, Harris, Hintz, Esslinger, Dell'Antonia FIRST READING; LAID OVER UNDER THE RULES Ordinance 00-205 Approve A. Clark Annexation/Town of Oshkosh FIRST READING; LAID OVER UNDER THE RULES Resolution 00-206 Approve Agreement/Wisconsin Department of Transportation-State Highway 21 MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: AMEND THE STATE/MUNICIPAL AGREEMENT SECTION ENTITLED- PROPOSED IMPROVEMENT- DELETE THE WORDS "MINIMUM" AND "WITH CONSIDERATION FOR A WIDER PAVEMENT SECTION TO ACCOMMODATE BICYCLES" AND ADD LANGUAGE AFTER FACILITY "CURB FACE TO CURB FACE" (Harris; second, McGee) CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (4) Bloechl, Harris, Esslinger, Dell'Antonia; Noes (3) O'Malley, McGee, Hintz Council Member McGee gave an explanation that stated the traffic need was not enough to justify the expense for the project. He felt that the monies were being spent just because there was funding available, not because it was needed. Council Member Esslinger stated various reasons to oppose and to support the widening of Algoma Boulevard. He stated the resolution was a good investment and he would support it. Council Member O'Malley expressed that there was a movement with the state to make the streets narrower and stated he would not support the resolution. l0 PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 Council Member Bloechl expressed her views on the condition and the utilities of Algoma Boulevard. She stated that the major streets needed improvements in order to keep the community together. Council Member Hintz felt that streets should be considered on their own merit. He felt that the improvement should be at the current street width because the future was unknown. Council Member Harris questioned what was the most recent data that was available for traffic counts on Algoma Boulevard. He felt the project was not needed at this time but would possibly be needed in the future. Resolution 00-207 Approve City Management/Lakeshore Municipal Golf Course MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: CARRIED: STRIKE LANGUAGE "A MINUMUM OF" IN PARAGRAPH 3 AND IN THE LAST PARAGRAPH (O'Malley; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member O'Malley stated that he would support the Parks Department during their operation of the golf course for three years but would then like to see a private entity take over. Council Member Harris felt the Parks Department should be allowed to operate the golf course for three years and to leave it open so they have options to choose from at that time. Council Member Esslinger questioned how long it would take the Parks Department to complete the improvements to the golf course. Mr. Stephany, Director of Parks, responded. 11 PROCEEDINGS OF THE COMMON COUNCIL- MAY .9, 2000 Resolution 00-208 Amend Special Assessment Policy Terrace Tree Replacement MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: DELETE LAST PARAGRAPH (O'Malley; second, Bloechl) CARRIED: Ayes (4)O'Malley, Bloechl, Esslinger, Dell'Antonia; Noes (3) McGee, Harris, Hintz MOTION: AMEND RESOLUTION TO ALLOW THE PROPERTY OWNERS TO PURCHASE TREES AT CITY COST BUT BE REPLACED BY THE PROPERTY OWNERS(Esslinger; second, Bloechl) LOST: Ayes (2) Bloechl, Esslinger; Noes (5) O'Malley, McGee, Harris, Hintz, Dell'Antonia VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (5) O'Malley, McGee, Harris, Hintz, Dell'Antonia; Noes (2) Bloechl, Esslinger Council Member Bloechl questioned why there was no specific time frame stated in the resolution and felt that there should be instructions given to the staff regarding this policy. Council Member Harris felt that tree lined streets were valuable to the city and gave various reasons to support the resolution. He stated that Council would determine how much funding would be available at budget time. Council Member McGee felt that the trees would be beneficial to the city and also to the street temperatures. Council Member Hintz requested clarification of the resolution. Council Member O'Malley felt that Council would be able to budget for the trees in the future but not for street improvements that were done in previous years. Council Member Esslinger questioned if the city would be liable for any damages to the property from the trees. Mr. Kraft responded. Mayor Dell'Antonia stated he would support the resolution as written. PROCEEDINGS OF THE COMMON COUNCIL- MAY 9, 2000 COUNCIL MEMBER STATEMENTS Council Member O'Malley explained how fraternities help within the community. Council Member Bloechl thanked Firstar for the donation of money for the fireworks display. She explained the need for the easements along Jackson Street for the installation of sidewalks. She questioned the location of the circus by Pick N' Save stating she received complaints from citizens in the neighborhood. She also expressed her opinions regarding various editorials in the Oshkosh Northwestern. Council Member Esslinger expressed his opinions regarding the Police and Fire Commission. Council Member McGee stated that the soccer season had begun and that citizens should leave messages and he would return the calls. Council Member Harris expressed his concerns regarding the responsibility of parents and the affects that their decisions have on their children. Mayor Dell'Antonia complimented the property owners on the respectful way they made their points and unfortunately not everyone would be happy with the decisions that would be made. He stated the reasons the Police and Fire Commission had decided to start over in their search for a new chief. He thanked the Oshkosh Convention and Tourism Bureau for the brochure they had put out regarding the city. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk reminded the Council of the workshop being held on May 16, 2000 and stated the vacancies of the various committees. There was no other business before the Council MOTION: ADJOURN (Harris; second, Bloechl) CARRIED: VOICE VOTE The meeting adjourned at 10:30 p.m. PAMELA R. UBRIG CITY CLERK 13