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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, August 8, 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 Counci Member O'Malley. PUBLIC HEARINGS The Mayor ordered the following Public Hearing: Cold Mix Asphalt Pavement OverlayNarious Streets Howard Eaton, 1729 Ashland Street, stated his concerns regarding the flooding on Huron Avenue and Ashland Street. Mr. Patek responded. There were no other appearances and the Public Hearing was CLOSED. CONSENT AGENDA The minutes of the July 25, 2000 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $3,103,812.04. The Report of the City Clerk was read. PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 Resolution 00-313 Grant Conditional Use Permits: A) 615 Evans Street B) 600 Block N. Main Street, West Side Resolution 00-314 Determination of Necessity to Acquire Property with the Marion Road/Pearl Avenue Redevelopment Project Area/Modification #4 Council Member McGee felt that there were some residential properties along Marion Road that would not need to be removed. Resolution 00-315 Establish Fair Market Value/Authorize Purchases/120 Wisconsin Street and Adjacent Vacant Lots Ken Bender, 806 Oak Street, felt that the traffic flow over the Wisconsin Avenue bridge should be addressed due to the Marion Road/Pearl Avenue Redevelopment Project. Resolution 00-316 Waive Bids/Approve Agreement/Valley Trail Recycling and Disposal Facility/Soil Disposal Resolution 00-317 Final Resolution/Cold Mix Asphalt Pavement OverlayNarious Streets Council Member McGee requested recommendation from staff regarding the petition that was received for concrete curb and gutter for a portion of Huron Avenue. Resolution 00-318 Initial Resolution/Cold Mix Asphalt Pavement OverlayNarious Streets Resolution 00-319 Amend Voting Wards Resolution 00-320 Approve AppointmentsNarious Boards Resolution 00-321 Approve Miscellaneous City Licenses *Resolutions 00-315 was removed for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 00-315 (Bloechl; second, Esslinger) 2 PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 MOTION: CARRIED: AMEND RESOLUTION 00-317 TO REMOVE HURON AVENUE FROM HARRISON STREET TO MAIN STREET (McGee; second, Harris) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia MOTION: LOST: AMEND RESOLUTION 00-314 TO REMOVE ITEMS 1 THROUGH 6 ON "EXHIBIT A" (McGee; no second) LACK OF SECOND VOTE ON CONSENT AGENDA AS AMENDED AND EXCLUDING RESOLUTION 00-315 CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Resolution 00-315 Establish Fair Market Value/Authorize Purchases/120 Wisconsin Street and Adjacent Vacant Lots MOTION: CARRIED: ADOPT (Bloechl; second, O'Malley) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Bloechl expressed her concern regarding the appraisal for 120 Wisconsin Avenue and the vacant lots. She questioned if the relocation cost was a separate cost. Ms. Kepplinger, Principal Planner for the Department of Community Development, responded. PUBLIC AGENDA DISCUSSION Ordinance 00-325 Extend the Fox River No Wake Zone - Oshkosh/Congress Avenue Bridge Dick Schneider, 5326 Fond Du Lac Road, representing Mercury Marine, explained that the extention of the no wake zone would be a hardship for the business because that area of the river is used to test boat motors. He was there to answer questioned of the Council. Council Member Bloechl questioned what the outcome would be if the no wake extension would be passed and where would the company go to test. PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 Council Member McGee stated that there were two separate issues regarding the no wake zone and questioned which or if both would cause problems for testing. Council Member Esslinger questioned how many trips Mercury Marine made to Buttes des Mort in a day for testing. John Dedee, 1935 Cliffview Court, questioned the reason why Council would want to extend the no wake zone. He felt that by the time the wakes reach the land they were very weak. He stated that he was more concerned with safety and pollution. Council Member Bloechl questioned if the backwash from the wake was worse than the ice shoves in spring. She also questioned if there were rules and regulations for boats regarding noise. Ordinance 00-326 Extend Period of Enforcement/Fox River No Wake Zone - Oshkosh/Congress Avenue Bridge Phil Cundy, 1545 Arboretum Drive, stated his concerns regarding damages to the sea wall in his area and the possible injuries from the wakes of the bigger boats. Gary Gray, 457 W 14th Avenue, felt that the no wake zone change would hurt the sport of fishing and tournaments. Resolution 00-328 Set Public Hearing Date to Vacate Portion of Michigan Street Ken Bender, 806 Oak Street, felt that Council should deny the request to vacate. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 00-322 Approve Traffic Regulations MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-323 Approve Dodge Poultry Farm Annexation MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia 4 PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 Ordinance 00-324 Repeal and Recreate Chapter 29/Weights and Measures MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-325 Extend the Fox River No Wake Zone - Oshkosh/Congress Avenue Bridge MOTION: LOST: ADOPT (Bloechl; second, Esslinger) Ayes (1) McGee; Noes (6)O'Malley, Bloechl, Harris, Hintz, Esslinger, Dell'Antonia Council Member Harris felt that extending the no wake zone would not resolve the problem but just move it further down the river. He felt it would damage the recreational use of the river and the local businesses would be affected. He stated he would not support the ordinance. Council Member Hintz questioned the factors of the state statutes regarding water jurisdiction. Mr. Kraft responded. Council Member Esslinger stated his concerns for the businesses and the congestion that would be created along the river if the extension was approved. He stated he would not support the ordinance. Council Member McGee felt that there were two valid issues on the river and they were the noise and the wakes He stated that he would support the ordinance. Council Member O'Malley expressed his concerns with the no wake extension. He stated he would not support the ordinance. Council Member Bloechl felt that the river was a large asset and a great economic impact for the community. She stated she would not support the ordinance. Mayor Dell'Antonia felt there was no compelling reason for the extension and stated he would not support the ordinance. PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 Ordinance 00-326 Extend Period of Enforcement/Fox River No Wake Zone - Oshkosh/Congress Avenue Bridge MOTION: LOST: ADOPT (Bloechl; second, O'Malley) Noes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 00-327 Approve T Vogelin Annexation FIRST READING; LAID OVER UNDER THE RULES Resolution 00-328 Set Public Hearing Date to Vacate Portion of Michigan Street MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (6) Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia; Noes (1) O'Malley Council Member McGee stated that this area had never been street and the citizens in the area wanted to maintain that status. Mayor Dell'Antonia explained that this resolution would set the public hearing date in which this would be discussed. CITIZEN STATEMENTS Ken Bender, 806 Oak Street, felt that the higher gas prices are the result of greed. He felt that if Meritor were to relocate to the industrial park he would not want any of the taxypayers money used for the transfer. He stated that the county had proposed 5.5% increase in taxes and felt it should be voted down. COUNCIL MEMBER STATEMENTS Council Member Esslinger expressed his concerns with the Sun Dial. He stated he would like a resolution or ordinance drafted to disallow walking or wading in the water fountain. Mr. Kraft and Mr. Wollangk responded. Council Member O'Malley stated that he agreed with Mr. Bender in regards to the county temporary tax increase. He explained the need for the Historic Preservation Ordinance. 6 PROCEEDINGS OF THE COMMON COUNCIL- AUGUST 8, 2000 Council Member Bloechl stated her concerns regarding the lack of police staffing during Country USA. She questioned whether the City should create an ordinance for larger events. Mr. Kraft responded. Council Member Harris encouraged everyone to contact their state officials in regards to changes of the State Revenue Budget. He felt we should let the State Representatives know how important the money was to our community. Mayor Dell'Antonia felt that Meritor transfer would be a real asset for the community. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk stated that in regards to the shared revenues that they would be revamping the local government. He felt that the local government are who creates the jobs and the surpluses. He reminded the Council that the September 12th Council Meeting would be held on Wednesday, September 13th because of the election. He also stated that the last meeting in December would be held on the 26th which is a holiday for City Hall so the meeting would need to be changed by ordinance. MOTION: CARRIED: CONVENE INTO CLOSED SESSION FOLLOWING ADJORNMENT OF THIS MEETING TO DELIBERATE AND DISCUSS NEGOTIATION STRATEGY FOR THE POSSIBLE ACQUISITION OF LAND IN THE OSHKOSH CENTRE REDEVELOPMENT AREA AND LAND TO BE ADDED TO THE NORTH MAIN STREET REDEVELOPMENT AREA PURSUANT TO SECTION 19.85 (1)(e) OF THE WISCONSIN STATE STATUTES. (Hintz; second, Bloechl) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia There was no other business before the Council MOTION: ADJOURN (Bloechl; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 7:40 p.m. PAMELA R. UBRIG CITY CLERK