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HomeMy WebLinkAboutMinutesO../'HKO./'H 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. 2 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. 4 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 6 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