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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Wednesday, September 13, 2000 at 6:00 p.m. in the
Council Chambers, City Hall.
Deputy Mayor Hintz presided.
PRESENT: Council Members M. Kevin McGee, Mark L. Harris, Paul J. Esslinger, R.
Matt O'Malley, Melanie Bloechl and Stephen Hintz
EXCUSED: Mayor 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 Esslinger read the Invocation.
The Pledge of Allegiance was led by Monica Dempsey and Jared Hamilton from
Lakeside Elementary School; and, Nick Radloff and Caroline Paulus from Green
Meadow Elementary School.
PUBLIC HEARINGS
The Deputy Mayor ordered the following Public Hearing:
Zone Changes; Moser Street & Fond du Lac Road
Gary Decker, 1113 Oregon Street, explained the reason for requesting the zone
change on Fond du Lac Road and was there to answer questions of the Council.
There were no other appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the August 22 & September 7, 2000 meetings were presented as
written.
The Report of the City Manager was read and revised.
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
The bills were presented in the amount of $2,988,581.31.
The Report of the City Clerk was read.
Resolution 00-360 Accept Easements/Ryf Road Area
Resolution 00-361 Grant Privileges in Streets/Jackson Street & Murdock Avenue;
Poberezny Road
Resolution 00-362 Approve Extraterritorial Final Plat/Olde Apple Acres
Resolution 00-363 Grant Conditional Use Permits; Approve Final Planned
Developments/W. 20th Avenue & 660 Oak Street
Bill Seno, Great Lakes Companies of Madison, representing the developer, was there
to answer questions of the Council.
Resolution 00-364 Authorize Disposition of Surplus Property/Former Railroad Corridor
Adjacent to 2762 Harrison Street
Resolution 00-365 Establish Fair Market Value; Authorize Purchase/100 Wisconsin
Street
Ken Bender, 806 Oak Street, stated his concerns regarding the appraisal of the
property.
Resolution 00-366 Award Relocation Services Contract-Marion Road/Pearl Avenue
Redevelopment Project Area
Resolution 00-367 Award Bid/Public Works Contract 00-09/Ripple Avenue/Concrete
Paving & Utilties (Don E. Parker Excavating Inc., Hortonville,
$535,489.95)
Resolution 00-368 Award Bid/Public Works Contract 00-11/Marion Road/Pearl
Avenue Redevelopment Area/Concrete Paving & Utilities (James
Cape & Sons Company, Racine, $1,434,903.04)
Resolution 00-369 Approve Amendment/Engineering Services Agreement/STS
Consultants Ltd.
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PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
Resolution 00-370
Approve Change Order No. l/Public Works Contract 00-05/
Concrete Sidewalk (Quality Concrete & Excavating, Inc., Manawa,
Net Increase $41,159.44)
Resolution 00-371 Approve Change Order No. G-I/Transit Center (Stodoloa-Maas
Construction, Inc., Fond du Lac, Net Increase $3,474.00)
Resolution 00-372 Authorize Advertisement & Sale of General Obligation Promissory
Notes, Series 2000-C/$1,500,000
Resolution 00-373 Award Bid/Lights/Red Arrow Skateboard Facility (MUSCO Sports
Lighting, Muscatine, $14,450.00)
Resolution 00-374 Award Bid/Paint Striping/Street Department (Traffic & Parking
Control Co., Elm Grove, $84,620.00)
Resolution 00-375 Rescind Portion/Final Resolution/Cold Mix Asphalt Pavement
Overlay/Ashland Avenue, Harrison Street to Murdock Avenue
Resolution 00-376 Disallowance of Claim/Joanne Malek
Resolution 00-377 Approve Miscellaneous City Licenses
*Resolution 00-365 was removed for separate consideration.
MOTION:
CARRIED:
ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 00-365
(Bloechl; second, O'Malley)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Resolution 00-365 Establish Fair Market Value; Authorize Purchase/100 Wisconsin
Street
MOTION: ADOPT (Bloechl; second, O'Malley)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Council Member McGee stated his concerns regarding the appraisal of the property.
Susan Kepplinger, Principal Planner for Community Development, responded.
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
PUBLIC AGENDA DISCUSSION
Ordinance 00-380 Approve Edison Estates Annexation
Doug Heston, manager of the Edison Estates Mobile Home Park, `1700 Fountain
Avenue, was there to answer questions of the Council.
Council Member Bloechl questioned the projection of plans regarding improvements to
the mobile home park.
Ordinance 00-382 Amend Zoning Ordinance/Create Historic Preservation Ordinance
Virginia Crane, `1506 County Road I, spoke regarding issues on the Historical
Preservation Ordinance.
Laura Brunell, `17'13 Jefferson Street, spoke in favor of the Historical Preservation
Ordinance.
Bernie Pitz, 6'17 W. Irving Avenue, felt that the Historical Preservation Ordinance
should be on a volunteer basis only.
Bill Biglow, 863 Harmel Avenue, felt this was an opportunity to save the buildings and
urged the Council to support the Ordinance.
Matt Hostak, 6'16 Franklin Street, felt that the Ordinance had limitations and that both
sides of the issue were important.
Lois Miranda, 9'14 E. Irving Avenue, spoke in support of the Historical Preservation
Ordinance.
Resolution 00-387 Final Resolution/Cold Mix Asphalt Pavement Overlay/Ashland
Street
Claude Benedict, 2116 Mt. Vernon Street, spoke in support of the street improvement.
John Galica, 2206 Ashland Street, spoke in favor of the asphalt pavement overlay.
John Sanders, 2000 Ashland Street, stated he was in support of the street
improvement.
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Ordinance 00-378
MOTION:
CARRIED:
Ordinance 00-379
MOTION:
CARRIED:
Ordinance 00-380
MOTION:
CARRIED:
Ordinance 00-381
MOTION:
CARRIED:
Ordinance 00-382
Ordinance
MOTION:
MOTION:
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
Resolution 00-389 Determination of Necessity to Acquire Property/201 Ceape Avenue
Ken Bender, 806 Oak Street, expressed his opinion regarding the planning
development in that area.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Approve Traffic Regulations
ADOPT (Bloechl; second, O'Malley)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl Hintz
Approve G. Demler Annexation
ADOPT (Bloechl; second, O'Malley)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl Hintz
Approve Edison Estates Annexation
ADOPT (Bloechl; second, Esslinger)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl Hintz
Amend Landmark Commission Functions
ADOPT (O'Malley; second, Esslinger)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl Hintz
Amend Zoning Ordinance/Create Historical Preservation
CARRIED:
ADOPT (Bloechl; second, O'Malley)
AMEND ORDINANCE TO ADD LANGUAGE TO SECTION N(2) -
THE SECRETARY OF THE COMMISSION OR DESIGNEE SHALL
MAIL THE PROPERTY OWNERS A NOTICE BETWEEN
JANUARY 1sT AND APRIL 30TM OF EVERY EVEN NUMBERED
CALENDAR YEAR, NOTIFYING THE PROPERTY OWNER THAT
THE PROPERTY IS SUBJECT TO THE ORDINANCE AND
EXPLAIN THE PROCEDURES THAT SHOULD BE FOLLOWED
BEFORE MAKING IMPROVEMENTS. (Harris; second, McGee)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
MOTION:
LOST:
AMEND TO STRIKE THE INTERIOR INSPECTION COMPONENT
FROM THE ORDINANCE, (BIoechl; second, Esslinger)
Ayes (3) Harris, Esslinger, Bloechl;
Noes (3) McGee, O'Malley, Hintz
VOTE ON ORDINANCE AS AMENDED:
CARRIED: Ayes (4) McGee, Harris, O'Malley, Hintz;
Noes (2) Esslinger, Bloechl
Council Member Harris expressed concerns regarding the properties that were subject
to the Historical Preservation Ordinance.
Susan Kepplinger, Principal Planner for Community Development, responded.
Council Member Bloechl questioned if the amendment passed, would the properties
involved be required to have their deeds properly marked. She felt that the Ordinance
should be on a volunteer basis and stated she would not support it.
Council Member Esslinger thanked the Landmarks Commission for their hard work but
stated that he would not support the Ordinance.
Council Member O'Malley felt that there were various reasons to support the Historical
Preservation Ordinance.
Council Member McGee felt the Historical Preservation Ordinance gave neighborhoods
enough freedom to make their own decision. He stated he would support the
Ordinance.
Ordinance 00-383 Amend Zone Changes/Marion Road/Pearl Avenue Redevelopment
Area; W. South Park Avenue & W. 12th Avenue
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Ordinance 00-384 Regulate Use of City Fountain
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Council Member Bloechl expressed her concerns regarding the use and maintenance
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cost of the fountain.
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
Mr. Kraft responded.
Ordinance 00-385 Change Council Meeting Date/December 2000
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Ordinance 00-386 Approve Zone Changes; Moser Street & Fond du Lac Road
FIRST READING; LAID OVER UNDER THE RULES
Resolution 00-387 Final Resolution/Cold Mix Asphalt Pavement Overlay/Ashland
Street, from Murdock to Libbey Avenue
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Resolution 00-388 Approve Amendments to Industrial Development Revenue
Bonds/Series 1997 (Shallbetter Project)
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION: LAYOVER UNTIL THE SEPTEMBER 26, 2000 COUNCIL
MEETING (McGee; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
Resolution 00-389 Determination of Necessity to Acquire Property/201 Ceape Avenue
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
CITIZEN STATEMENTS
Helen Wollangk, 202 E. New York Avenue, expressed her concerns regarding sewer
problems on New York Avenue.
Mr. Patek responded.
Ken Bender, 806 Oak Street, stated his concerns regarding the signs at the old Mercy
Hospital location. He felt there should be an Ordinance that would require new
construction have a three-foot setback from the sidewalk.
PROCEEDINGS OF THE COMMON COUNCIL -- SEPTEMBER 13, 2000
Bernie Pitz, 617 W. Irving Avenue, expressed concerns regarding issues dealing with
the Historical Preservation Ordinance.
COUNCIL MEMBER STATEMENTS
Council Member O'Malley thanked Susan Kepplinger on her work with the Historical
Preservation Ordinance.
Council Member McGee felt issues before the Council should be handled more
diplomatically.
Council Member Bloechl thanked everyone for their support during her campaigning.
She felt that because of her campaign the shared revenues were no longer at risk.
MOTION:
CARRIED:
CONVENE INTO CLOSED SESSION FOLLOWING ADJOURNMENT OF
THIS MEETING TO DISCUSS THE STATUS PRESENT AND
PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND
SALE IN THE 100 BLOCK REDEVELOPMENT PROJECT PURSUANT
TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE STATUTES.
(Bloechl; second, Esslinger)
Ayes (6) McGee, Harris, Esslinger, O'Malley, Bloechl, Hintz
There was no other business before the Council
MOTION: ADJOURN (Bloechl; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 8:28 p.m.
PAMELA R. UBRIG
CITY CLERK