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HomeMy WebLinkAboutMinutesO../'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, June 13, 2000 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members M. Kevin McGee, Mark L. Harris, Stephen Hintz, Paul J. Esslinger, R. Matt O'Malley, Melanie Bloechl 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 The Invocation was read by Council Member Hintz. The Pledge of Allegiance was led by Council Member O'Malley. A proclamation was read by Mayor Dell'Antonia declaring June 25, 2000 through June 27, 2003 as "Korean Remembrance Days" in the City of Oshkosh. CITIZEN STATEMENT$ Ken Bender, 806 Oak Street, felt that the Algoma Boulevard project should be taken care of now. He stated that the city needed cooperation and not dictation on the preservation of the historical buildings. He felt that the townships should be able to use the Senior Center if they contribute their fare share to the funding. CONSENT AGENDA The minutes of the May 23, 2000 and June 5, 2000 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $5,864,420.14. The Report of the City Clerk was read. PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Resolution 00-239 Approve Change Order No. 1/High Avenue Parking Ramp (Statewide Razing, Greenleaf, Net Increase of $33,000.00) Resolution 00-240 Approve Street Name Change/Cherry Park Avenue Resolution 00-241 Grant Conditional Use Permits: a) 21 W. New York Avenue; b) 1331 Algoma Boulevard; c) 3870 Jackson Street; d) 223 N. Main Street Resolution 00-242 Approve Agreement/Wisconsin Department of Natural Resources/ SUDZ Agreement Resolution 00-243 Approve Developer Agreement/N. Main Street/Division Street Redevelopment Project Area/J & R Service Resolution 00-244 Approve Change Order No. 13/Public Works Contract 97-01/ Water Treatment Plant (Miron Construction Company, Inc., Appleton, Net Increase of $93,321.00) Resolution 00-245 Approve Change Order No. l/Public Works Contract 99-14/Sundial Plaza (Fluor Brothers Construction Co., Oshkosh, Net Increase of $2,935.95 and $118.55) Resolution 00-246 Approve Agreement/Wisconsin Department of Transportation/ Oakwood Bridge Resolution 00-247 Authorize Jurisdictional Offer/Jackson Street Sanitary Sewer Easement Resolution 00-248 Approve Agreements/Regional Hazardous Materials Response Team Services Resolution 00-249 Approve AppointmentsNarious Boards Resolution 00-250 Disallowance of Claim/Norah Bertucci Resolution 00-251 Disallowance of Claim/Lisa Rolph Resolution 00-252 Approve Miscellaneous City Licenses *Resolutions 00-243, 00-244, and 00-245 were removed for separate considerations. 2 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 MOTION: CARRIED: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 00-243, 00-244 and 00-245 (Hintz; second, Bloechl) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Resolution 00-243 Approve Developer Agreement/N. Main Street/Division Street Redevelopment Project Area/J & R Service MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Council Member McGee questioned where the funding would come from and what the use of the property would be. Mr. Kinney, Director of Community Development, responded. Resolution 00-244 Approve Change Order No. 13/Public Works Contract 97-01/ Water Treatment Plant (Miron Construction Company, Inc., Appleton, Net Increase of $93,321.00) MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (6) McGee, Harris, Hintz, Esslinger, O'Malley, Dell'Antonia; Noes (1) Bloechl Council Member Bloechl stated her concerns regarding the number of change orders pertaining to this project. She felt there were to many oversights and conflicts with the project. Mr. Wollangk responded. Council Member Esslinger questioned if a contractor who seemed to have an abundance of change orders would be taken into consideration for future projects. Mayor Dell'Antonia questioned what the outcome would be if Council decided to delete an item from the change order. Mr. Kraft responded. Council Member Hintz stated that there should be recognition as to the reason for change orders. PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Resolution 00-245 Approve Change Order No. l/Public Works Contract 99-14/Sundial Plaza (Fluor Brothers Construction Co., Oshkosh, Net Increase of $2,935.95 and $118.55) MOTION: CARRIED: ADOPT (Bloechl; second, McGee) Ayes (5) McGee, Harris, Hintz, O'Malley, Dell'Antonia; Noes (2) Esslinger, Bloechl Council Member Bloechl questioned the need for additional bricks laid on Market Street and who would be responsible for the funding. Mr. Patek, Mr. Wollangk and Mr. Kinney responded. PUBLIC AGENDA DISCUSSION Ordinance 00-255 Approve Zone Change/Portion of 631 Hazel Street Ken Bender, 806 Oak Street, stated his concerns with the conditions put on this project and the street widths. He asked the Council not to support the ordinance. Bill Seno, 122 W. Washington Avenue, Madison Wisconsin, stated that the number of units might change and was optimistic that financing would be obtained. He clarified that Phase 1 would be structures for the elderly/assisted living and that he was there to answer questions of the Council. Council Member McGee questioned the number of units on the proposed structure and whether the foot print of the structure would change. Council Member Hintz asked various questions regarding the two phases of the project, and the financing options available. Council Member Bloechl questioned the outcome if Phase 1 was completed and Phase 2 was not. She also questioned if assisted living would still be available if the developer could not find a partner. David Borsuk, 1970 Cliffview Court, stated his concerns with the lack of contributions and the clean up from the owner of the site. He felt there was no need for a TIF district and that the subsidized housing should be for people 55 years and older and no one under 18 years of age. He felt that Mercy Medical should be responsible for their own buildings. 4 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Mike Tessmer, 4410 Island View Drive, of Mercy Medical Center, explained the options of building a new hospital versus renovating the old one. He stated their goal was to search for a project that would benefit the community in a long-term sense. He explained the time frame of the project and answered questions of the Council. Council Member Hintz stated that Mercy Medical Center had been a good neighbor and would like to see the project move forward. Resolution 00-258 Approve Developer Agreement/Mercy Medical Center Site/Hazel Street Ken Bender, 806 Oak Street, stated his concerns with the developer's agreement and the lack of cooperation of Mercy Medical Center. Resolution 00-259 Approve Fund Transfer and Additional Funding/Grand Opera House John Ingala, 1503 Lake Breeze Road, President of the Oshkosh Opera House Foundation, requested of the Council to help reshape the relationship between the two entities. Joi Brown, 1437 N. Main Street, Executive Director of the Oshkosh Opera House Foundation, explained that the funds would be used for maintenance of the building and preservation of the services provided by the Grand Opera House and answered questions of the Council. Council Member Bloechl questioned the immediate need for the funding. Ken Bender, 806 Oak Street, felt that the Grand Opera House should be able to operate on it's own or be sold to the university. Art Salomon, 1155 Elmhurst Lane, felt the Grand Opera House was a real asset to the community and felt the city should help to maintain it. He urged Council to support and answered questions of the Council. Council Member Bloechl questioned if the Grand Opera House had any business plans. Gloria Link, 3112 Sheldon Drive, felt it was important to expose the arts to the youth and felt the city had a responsibility to participate in the maintenance of the building. PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Jaime Vesperman, 1191 High Avenue, felt they should look at the fiscal responsibility. He suggested the Council layover the resolution and compare the programs, expenses and profits. Barbara Hirschfeld, 1822 Menominee Drive, Executive Director of the Paine Art Center, stated that Joi Brown worked hard to get the most from the budget. She questioned if the budget was large enough to run the organization. She explained that the Paine does not receive any funding from the city. Tom Gabner, Executive Director for the Wiedner Center, felt the resolution would assure that the business would continue to have a positive impact on the community. He encouraged the Council to support the resolution and look at the Grand Opera House as a benefit to the community. Council Member Bloechl asked various questions regarding the Weidner Center. She felt that the Weidner Center could not be compared to the Grand Opera House, based on his answers. Larry Klausch, 4652 Island View Drive, asked the Council to support the resolution and the Grand Opera House Foundation. He had worked many years at the Grand Opera House and felt it was a historical treasure that belonged to the community. Mary Louise Lewis, 1350 Winnebago Avenue, stated the Grand Opera House had affected her in many different aspects of her life and was in favor of the Foundation to continue managing the Grand Opera House. John Bermingham, 1013 Washington Avenue, felt the Grand Opera House was an asset to Oshkosh and urged the Council to support the resolution. Frank Tower, 1335 Summit Avenue, felt it was important that the City cooperate with the Grand Opera House Foundation. Blake Cadkin, 565 Division Street, felt that the Grand Opera House was a wonderful facility and an opportunity for the city. He was also there to answer questions of the Council. 6 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Kelly Duhatschek, 2816 Fond du Lac Road, felt that the Grand Opera House and the community was a great opportunity for youth. She asked the Council to support the resolution. The Council took a ten-minute break at 8:15 p.m. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 00-253 Approve Permanent Zoning/Westowne Annexation MOTION: CARRIED: ADOPT (McGee; second, O'Malley) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Ordinance 00-254 Approve R. Schneider Annexation MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Ordinance 00-255 Approve Zone Change/Portion of 631 Hazel Street MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (3) Esslinger, O'Malley, Bloechl Council Member Bloechl stated that she would be voting against the ordinance because there were too many unanswered questions. Council Member Harris explained the three options for the hospital. He felt the current plan that was being proposed was the best option. He stated he would support the ordinance. Council Member McGee asked various questions regarding the financing. He stated that the rezoning made sense for this area and that he would support the zoning change. Council Member Bloechl questioned what the current zoning for the property was and questioned if the property was not being used for hospital purposes would it be placed on the tax roll. PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Ordinance 00-256 Approve Traffic Regulations MOTION: CARRIED: ADOPT (O'Malley; second, Bloechl) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Resolution 00-257 Approve Tax Incremental District No. 14 Project Plan/Create Tax Incremental District No. 14 MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (3) Esslinger, O'Malley, Bloechl Council Member McGee explored the argument of the negative value of the land and questioned what recourse the city would have if the property owners were for profit. Mr. Kraft responded. Council Member Harris stated that the riverfront was full of buildings with no purpose and would not want this project to follow that same pattern. Mayor Dell'Antonia felt that approving the Tax Incremental District would be a positive result for the future. Council Member Hintz stated his support of the resolution. Resolution 00-258 Approve Developer Agreement/Mercy Medical Center Site/Hazel Street MOTION: CARRIED: ADOPT (Bloechl; second, McGee) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (3) Esslinger, O'Malley, Bloechl PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Resolution 00-259 Approve Fund Transfer and Additional Funding/Grand Opera House MOTION: ADOPT (Bloechl; second, McGee) MOTION: LOST: AMEND TO STRIKE THE "MONEY CLAUSE" AND ADD A FIFTH WHEREAS CLAUSE TO READ "WHEREAS, PRIOR TO THE PROPER CITY OFFICIALS EXECUTING THE TERMS OF THIS RESOLUTION, IT IS TO THE CITY'S ADVANTAGE TO DETERMINE IF THE CURRENT OPERATING AGREEMENT IS IN THE BEST INTERESTS OF THE CITY AND A SOLICITATION FOR OTHER PROPOSALS TO OPERATE THE GRAND OPERA HOUSE IS IN ORDER;" AND ALSO ADD A THIRD RESOLVED CLAUSE TO READ "BE IT FURTHER RESOLVED THAT PRIOR TO THIS COUNCIL APPROVING ANY ALLOWANCE OF CLAIMS AS AUTHORIZED BY THIS RESOLUTION, THE PROPER CITY OFFICIALS ARE AUTHORIZED AND DIRECTED TO SEEK PROPOSALS FROM OTHER PARTIES INTERESTED AND ABLE TO LEASE AND OPERATE THE GRAND OPERA HOUSE, THE DEADLINE FOR THESE PROPOSALS BEING AUGUST 15, 2000, AND ARE FURTHER DIRECTED TO MAKE APPROPRIATE RECOMMENDATIONS TO THIS COUNCIL CONCERNING A NEW LESSEE OR OPERATOR." (Bloechl; second, Esslinger) Ayes (2) Esslinger, Bloechl; Noes (5) McGee, Harris, Hintz, O'Malley, Dell'Antonia MOTION: CARRIED: AMEND THE AMOUNT OF $50,000.00 TO $25,000.00 AND AMEND THE RETROACTIVE DATE FROM JANUARY 1, 2000 TO JUNE 1, 2000 (Harris; second, McGee) Ayes (4)McGee, Harris, Hintz, Dell'Antonia; Noes (3) Esslinger, O'Malley, Bloechl VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (5) McGee, Harris, Hintz, O'Malley, Dell'Antonia; Noes (2) Esslinger, Bloechl Council Member McGee stated that he would not support the amendment because it did not face the reality of the arts performing. Council Member O'Malley questioned where the amendment would leave the operating group. PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Council Member Bloechl expressed her concerns regarding the operation of the Grand Opera House and the maintenance of the building and felt the request should have come before Council during the budget process. Council Member Esslinger expressed his concern with the Council supporting a failing business. He stated he would not support the resolution. Council Member Hintz felt the City had an obligation to maintain the Grand Opera House, but also felt the request should have come at budget time. He felt that the success of the foundation and staff was good and that he would support the original resolution. Council Member McGee stated that the issue was the maintenance of the structure and not the performance costs. He stated many groups of the community use the Grand Opera House and it was a broad aspect of the community. Council Member O'Malley felt the Grand Opera House was important for the youth and educational programs. He felt that the Grand would be an anchor for the downtown development and he would support the resolution. Council Member Harris felt that the discussion should take place during the budget process. He stated that the Grand Opera House was well managed and the exposure of arts to the public was a positive value for the community. Mayor Dell'Antonia explained that the city owned the building and felt the city needed to maintain it. He stated he would support the amendment. Resolution 00-260 Commence Rezoning Process/Algoma Boulevard East to Sheridan Street/State Highway 21 Construction Project MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Council Member Harris stated that intent of the resolution was to look at the zoning to protect the neighborhood. Council Member Esslinger was happy that the citizens came to Council for help and felt this was the correct way to do historical preservation. 10 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Resolution 00-261 Establish General Fund Equity Budget Percentage MOTION: ADOPT (Bloechl; second, O'Malley) MOTION: CARRIED: AMEND THE MAXIMUM LEVEL TO 15% (McGee; second, Bloechl) Ayes (6) McGee, Harris, Hintz, O'Malley, Bloechl, Dell'Antonia; Noes (1) Esslinger VOTE ON AMENDED LOST: Ayes (3) Noes (4) RESOLUTION: McGee, Harris, O'Malley; Hintz, Esslinger, Bloechl, Dell'Antonia Council Member O'Malley explained the need for the resolution, he felt it would help keep taxes down. Council Member McGee felt that the resolution would help reduce the amount of borrowing in future years and still give the Council flexibility with the budget. He stated he would support the resolution. Council Member Hintz stated that financial guidelines should be established but not as a policy that the city would be locked into following. He felt the guidelines could be broadened over other funds also. Council Member Harris questioned what the outcome would be if the city exceeded the range specified and what the effect and consquences would be at budget time. Council Member Esslinger questioned the impact the resolution would have on the bond rating by Moody's. Mr. Wollangk responded. Council Member O'Malley stated the reason for the resolution was to give the money back to the taxpayers. He stated that he did not want the general fund to end up like a savings account. Mayor Dell'Antonia stated he was not in favor of locking into specific numbers. He explained the reason the City had a negative general fund balance was because previous Councils had used that fund to reduce taxes. He felt there were other ways to give back to the taxpayers. He stated he would not support the resolution. 11 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 Council Member Bloechl stated that the general fund was setup for an emergency fund for the city. She stated that she would not support the resolution. Council Member Harris explained that the general fund was for emergencies so the taxpayers would not feel as though they were overtaxed. COUNCIL MEMBER STATEMENTS Council Member O'Malley stated that he would support the historic preservation ordinance. He questioned if the Council would be willing to have a workshop on the historic preservation ordinance prior to it coming before them to vote on. Council Member Bloechl expressed that the non-city resident report for the Senior Center was good information and she would have liked to have it before the purchase of the Do it Center. Council Member Hintz stated he would like big ticket items brought to the Council's attention prior to budget season. Council Member McGee questioned if the rezoning along Algoma Boulevard would accomplish what the neighbors wanted. He explained he would like to research the zoning process. Council Member Harris thanked Council Member McGee for his help with the rezoning resolution regarding Algoma Boulevard. He stated that this resolution was the first step in protecting the neighborhood. Council Member Esslinger stated that the neighborhoods would be able to request the type of zoning that they want, which would eliminate the government from dictating what would have to be done. Mayor Dell'Antonia congratulated Tim Franz on becoming the new Fire Chief. He stated that the community should be proud of the new hospital. He explained the Council Members now had e-mail available and encouraged citizens to use it. He stated that he was starting a Gateways Committee that would identify and map streets that were considered gateways into the City and that applications could be obtained through the City Manager's Office. 12 PROCEEDINGS OF THE COMMON COUNCIL -- JUNE 13, 2000 WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk stated what the vacancies were on the various committees. He reminded the Council of a workshop on June 27, 2000 for the downtown plans with LDR, he also stated the golf course workshop was postponed until July 11, 2000. He stated that the water plant was hosting an open house on June 24, 2000 starting at 9:00 a.m. There was no other business before the Council MOTION: ADJOURN (Esslinger; second, Bloechl) CARRIED: VOICE VOTE The meeting adjourned at 10:35 p.m. PAMELA R. UBRIG CITY CLERK 13