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Home My WebLink AboutMinutesO../'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, May 23, 2000 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members Melanie Bloechl, M. Kevin McGee, Mark L. Harris, Stephen Hintz, Paul J. Esslinger, R. Matt O'Malley and Jon Dell'Antonia ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member Bloechl read the Invocation. The Pledge of Allegiance was led by Thea Van Asten from Read Elementary School; and, Trista Volkman and Amy Wideman from Washington Elementary School. A proclamation was presented by Mayor Dell'Antonia declaring June 11, 2000 as "Race Unity Day" in the City of Oshkosh. CITIZEN STATEMENT$ Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding the effects and education of tobacco smoking. Ken Bender, 806 Oak Street, felt that the history of Oshkosh was deteriorating and that the property owners were only interested in their own neighborhoods instead of the city as a whole. The Mayor ordered the following Public Hearings: Final Resolution/Utilities & Concrete Paving/County Road "A" Don Robinson, 870 Ridge Lane, stated the township had refused the project and would like the city to refuse it also. He felt the project would reduce the value of his property and would not be beneficial to him. PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Council Member Bloechl questioned what the consequences would be if the city would not participate. Mr. Wollangk responded. Council Member Hintz questioned the various cost shares for the project between the city and the surrounding communities. Bruce Hagie, 322(~ County Road "A~', questioned why he would not be able to leave his driveway approach gravel. He felt there would be problems with the drainage plan and urged the staff to looP, closer at the project before it was started. Mayor Dell'Antonia questioned if the city had any input into the design of the project. Joey Youngbauer, 3135 County Road "A'~, questioned the cost of his assessment because part of his property had been sold. He felt there was not enough communication with the property owners about the project. Mr. Patek responded. There were no more appearances and the Public Hearing was CLOSED. Permanent Zoning/Westowne Annexation Ken Kowalik, 21375 Belliven Road, Waukesha, a petitioner for Westowne Centre LLC was there to answer questions of the Council. There were no more appearances and the Public Hearing was CLOSED. CONSENT AGENDA The minutes of the May 9, 2000 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $9,581,48(~.20. The Report of the City Clerk was read. Resolution 00-209 Award Bid/Landscaping Services/Water Utility (DC Construction, Oshkosh, $1.50 per square foot) 2 PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Resolution 00-210 Award Bid/Public Works Contract No. 00-05/Concrete Paving & Sidewalk (Quality Concrete & Excavating Inc., Manawa, $163,292.95) Resolution 00-211 Award Bid/Public Works Contract No. 00-08/Sanitary Sewer, Storm Sewer, Water Main & Appurtenant Work (Knaus Construction Inc., Green Bay, $292,151.50) Resolution 00-212 Grant Conditional Use Permit; Approve Final Planned Development/Murdock Avenue, East of 1800 Jackson Street Resolution 00-213 Grant Privilege in Street/Pierce Avenue Cul-de-Sac Resolution 00-214 Establish Fair Market Value; Authorize Purchase of 455 Pearl Avenue Resolution 00-215 Initial Resolution/Concrete Paving & Sidewalk/Cherry Park Estates Subdivision Resolution 00-216 Accept & Approve Waiver of Special Assessment Notices & Hearings in Connection with Improvements/Cherry Park Estates Subdivision Resolution 00-217 Approve Developer Agreement/Cherry Park Estates Subdivision Resolution 00-218 Final Resolution/Concrete Paving & Sidewalk/Cherry Park Estates Subdivision Resolution 00-219 Approve Plats: a) Final Plat/Cherry Park Estates Subdivision; b) Preliminary Plat/4th Addition to Westleigh Farms Subdivision Resolution 00-220 Final Resolution/Utilities & Concrete Paving/County Road "A" Resolution 00-221 Approve Variance/1324 Indigo Drive Resolution 00-222 Approve Agreement/Water Tower Leases/Alamosa Wisconsin Limited Partnership/Marion Road & Washburn Street Resolution 00-223 Waive Bids & Purchase Financial Software & Training Services (Mitchell Humphrey, St. Louis, $61,200.00) PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Resolution 00-224 Approve Agreement/Recovery Network, Inc./Programming & Equipment for Channel 10 Resolution 00-225 Rescind Bid Assessment/Comer of High Avenue & Division Street Resolution 00-22(~ Approve Appointment/Oshkosh C.A.N. Board Resolution 00-227 Disallowance of Claim/Patti Houston Resolution 00-228 Disallowance of Claim/Jeanne Krueger Resolution 00-229 Approve Miscellaneous City Licenses *Resolutions 00-219 and 00-224 were removed for separate considerations. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 00-219 AND 00-224 (Bloechl; second, O'Malley) CARRIED: Ayes (7) Bloechl McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Resolution 00-219 Approve Plats: a) Final Plat/Cherry Park Estates Subdivision; b) Preliminary Plat/4th Addition to Westleigh Farms Subdivision MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: DIVIDE RESOLUTION 00-219 INTO: RESOLUTION 00-219A- FINAL PLAT/CHERRY PARK ESTATES SUBDIVISION; AND, RESOLUTION 00-219B - PRELIMINARY PLAT/4TM ADDITION TO WESTLEIGH FARMS SUBDIVISION (Hintz; second, McGee) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia MOTION: ADOPT RESOLUTION 00-219A- FINAL PLAT/CHERRY PARK ESTATES SUBDIVISION (Bloechl; second, Hintz) MOTION: AMEND CONDITION NUMBER 2 TO REPLACE "COMMON COUNCIL APPROVAL~ WITH "THE RECORDING OF THE PLAT/~ (Hintz; second, McGee) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia 4 PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia MOTION: CARRIED: ADOPT RESOLUTION 00-219B - PRELIMINARY PLAT/4TM ADDITION TO WESTLEIGH FARMS SUBDIVISION (Bloechl; second, O'Malley) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Resolution 00-224 Approve Agreement/Recovery Network, Inc./Programming & Equipment for Channel 10 MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Council Member Esslinger explained the equipment was free and would allow Channel 10 to have more public access programming for the next five years. He applauded Channel 10 and asked the community to support them. He stated that there were guidelines and advertising was limited. Council Member Bloechl questioned whether the time frame would stay the same or change during the five-year term. She also questioned if there would be any additional cost anticipated with the equipment. Mayor Dell'Antonia stated that the time frame would be the same, from midnight to 4:00 a.m., and explained that research had shown individuals were up and watching television at those times. Council Member Hintz questioned if Recovery Network Inc. would be running commercials and to make a profit from the programming. PUBLIC AGENDA DISCUSSION Ordinance 00-230 Approve Oshkosh Kennel Club II Annexation Karen Bellile, 808 W. 6th Avenue, current Vice President of the Kennel Club, explained the reason for the annexation and was there to answer questions of the Council. Council Member Bloechl questioned the type of building that would be built. PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Council Member O'Malley questioned if the building would be for practice or strictly for tournaments. Ordinance 00-232 Approve Zone Change/Portion of 631 Hazel Street Ken Bender, 806 Oak Street, felt that the street width should have been addressed before the property was put up for sale. Resolution 00-238 Approve & Execute Revised Relocation Order; Determination of Necessity to Acquire Property; Accept Easements/Jackson Street Reconstruction, Algoma Boulevard to W. New York Avenue Kurt Kielisch, 1705 Oshkosh Avenue, a forensic appraiser, stated he was at the meeting to answer questions that the Council had at the last meeting regarding his involvement in the Jackson Street Project. He stated that it was not required to be licensed in the State of Wisconsin as an appraiser. He explained his firm had not initiated the Jackson Street meeting. He felt that in his experience with temporary easements in other communities, the property owners had been compensated by a land lease analysis at 15% of the value of the land for one year. Council Member Bloechl questioned Mr. Kielisch if he had any knowledge if there was any compensation granted to property owners for temporary easements in Oshkosh. Council Member Harris questioned what the typical compensation would be. Ken Bender, 806 Oak Street, stated his concerns regarding property owners being compensated for something that they benefit from. He stated he supported the Council in their decision. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 00-230 Approve Oshkosh Kennel Club II Annexation MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia 6 PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Ordinance 00-231 Approve A. Clark Annexation MOTION: ADOPT (Bloechl; second, O'Malley) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Ordinance 00-232 Approve Zone Change/Portion of 631 Hazel Street MOTION: ADOPT (Harris; second, O'Malley) MOTION: LAYOVER UNTIL THE JUNE 13, 2000 COUNCIL MEETING (Bloechl; second, Esslinger) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Ordinance 00-233 Approve Permanent Zoning/Westowne Annexation FIRST READING; LAID OVER UNDER THE RULES Ordinance 00-234 Approve R. Schneider Annexation FIRST READING; LAID OVER UNDER THE RULES Ordinance 00-235 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 00-236 Establishing Street Grades/Cherry Park Court MOTION: SUSPEND THE RULES FOR CONSIDERATION (Bloechl; second, O'Malley) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Ordinance 00-237 Authorizing Public Construction/Cherry Park Court MOTION: CARRIED: SUSPEND THE RULES FOR CONSIDERATION (Bloechl; second, O'Malley) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia Resolution 00-238 Approve & Execute Revised Relocation Order; Determination of Necessity to Acquire Property; Accept Easements/Jackson Street Reconstruction, Algoma Boulevard to W. New York Avenue MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (4) Bloechl, Hintz, Esslinger, Dell'Antonia; Noes (3) McGee, Harris, O'Malley COUNCIL MEMBER STATEMENTS Council Member Bloechl congratulated the city staff on obtaining Brownfield funds for various projects. She suggested that the Council accept the responsibility of dispersing the Community Development Block Grant funds. Council Member Esslinger thanked Mr. Wollangk and the city staff for the Department Head Workshop, he felt it was very informative. He also passed along his condolences to the Gilbert Bloechl family. Council Member O'Malley also thanked the city staff for the informative workshop. He would support the Council being in control of the Community Development Block Grant dispersments. He stated the Grand Opera House was an asset to the city and he would support it. Council Member Harris explained his reasons why he could not support the Jackson Street resolution. Mayor Dell'Antonia felt the workshop with the Department Heads was beneficial and he would support the continuance of that workshop. He questioned the status of Sundial Plaza. PROCEEDINGS OF THE COMMON COUNCIL- MAY 23, 2000 Mr. Wollangk responded. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk requested a workshop after the June 13, 2000 Council Meeting with the sub-committee on the improvements for the golf course. MOTION: CARRIED: There was no other business before the Council. MOTION: ADJOURN (Bloechl; second, O'Malley) CARRIED: VOICE VOTE The meeting adjourned at 7:50 p.m. CONVENE INTO CLOSED SESSION FOLLOWING ADJOURNMENT OF THIS MEETING TO CONFER WITH LEGAL COUNSEL CONCERNING THE CABLE FRANCHISING AGREEMENT PURSUANT TO SECTION 19,85(1)(g) OF THE WISCONSIN STATE STATUTES, (Hintz; second, Bloechl) Ayes (7) Bloechl, McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia PAMELA R, UBRIG CITY CLERK