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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 Wednesday, December 27, 2000 at 12:00 noon in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members Mark L. Harris, Stephen Hintz, Paul J. Esslinger, R. Matt O'Malley, Melanie Bloechl and Jon Dell'Antonia EXCUSED: Council Member M. Kevin McGee 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 Council Member O'Malley. A proclamation was presented by Mayor Dell'Antonia declaring December 27, 2000 as "Oshkosh Teen Safe Ride Day" in the City of Oshkosh. CONSENT AGENDA The minutes of the December 12 & 22, 2000 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $7,739,582.22. The Report of the City Clerk was read. Resolution 00-501 Establish Fair Market Values; Authorize Purchases/431 Pearl Avenue 8, 441 Pearl Avenue Resolution 00-502 Approve Agreement/Winnebago County for Inter-Agency Agreement for Level "B" Hazardous Material (HAZMAT) Response Services PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 27'~ 2{)00 Resolution 00-503 Resolution 00-504 Resolution 00-505 Resolution 00-506 Resolution 00-507 Resolution 00-508 Approve Change Order No. l/Public Works Contract 00-03 Approve Change Order No. 1/Public Works Contract 00-11 Authorize Application/Waterways Commission Buoy Funds Approve 2001 Administrative Staff Compensation Approve AppointmentsNarious Boards Approve Miscellaneous City Licenses *Resolutions 00-508 was removed for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 00-508 (Bloechl; second, Esslinger) MOTION: CARRIED: AMEND RESOLUTION 00-507 TO REMOVE THE CITIZENS ADVISORY COMMITTEE APPOINTMENT (Esslinger; second, Bloechl) Ayes (4) Harris, Esslinger, Bloechl, Dell'Antonia; Noes (2) O'Malley, Hintz VOTE ON CONSENT AGENDA AS AMENDED CARRIED: Ayes (6) Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Mr. Wollangk responded to the amendment. Council Member Hintz expressed his concerns regarding the reduction of participants on boards and committees. Resolution 00-508 Approve Miscellaneous City Licenses MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: DIVIDE RESOLUTION 00-508 INTO: RESOLUTION 00-508A- COMBINATION "CLASS A" LICENSE- WALMART; AND, RESOLUTION 00-508B - OPERATOR, TAXICAB DRIVER AND SECONDHAND LICENSES (Bloechl; second, O'Malley) CARRIED: Ayes (5) Harris, Hintz, O'Malley, Bloechl, Dell'Antonia; Noes (1) Esslinger PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 27, 2000 2 MOTION: ADOPT RESOLUTION 00-508A- COMBINATION "CLASS A" LICENSE-WALMART (Bloechl; second, O'Malley) MOTION: CARRIED: LAYOVER RESOLUTION 00-508A UNTIL JANUARY 9, 2001 COUNCIL MEETING (O'Malley; second, Bloechl) Ayes (5) Harris, Hintz, O'Malley, Bloechl, Dell'Antonia; Noes (1) Esslinger MOTION: CARRIED: ADOPT RESOLUTION 00-508B - OPERATOR, TAXICAB DRIVER AND SECONDHAND LICENSES (Bloechl; second, Esslinger) Ayes (6) Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia Council Member Bloechl stated her concerns regarding the control issue of a department store selling alcohol. Council Member Esslinger stated that there were laws that controlled the sale of alcohol in which any store would need to follow. Mayor Dell'Antonia questioned if there were any legal issues that would allow the Council to deny a license. Mr. Kraft responded. PUBLIC AGENDA DISCUSSION Resolution 00-509 Preliminary Determination not to Renew the Franchise of Time- Warner Entertainment Company, L.P. to Operate Cable System in Oshkosh Gary Yakes, Local Council for Time Warner, 141 N. Sawyer Street, answered questions of the Council regarding the Time Warner negotiations. Council Member Bloechl asked various questions regarding the negotiations with Time Warner Cable. Council Member Esslinger stated that the Council would be looking out for the citizens and asked various questions regarding Time Warner Cable. Mr. Kraft responded. PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 27'~ 2000 Council Member Harris asked for a description of the difference in the need for equipment for the PEG access channel. Council Member Hintz stated he would like Council and Time Warner to come to an agreement before too much time and money would be spent. Mayor Dell'Antonia stated his concerns regarding the issues of time and money. He questioned the reasons why negotiations had not been resolved. Resolution 00-510 Determination of Necessity; Establish Fair Market Value; Authorize Purchase; Approve Fund Transfer; Approve Reimbursement/315 N. Main Street Don Robinson, 870 Ridge Lane, stated his concerns regarding the future plans for the area of 315 N. Main Street. Bob Kujawa, 504 W. Nevada Avenue, stated that he was in favor of the project and the City should move forward to save money. Ken Bender, 806 Oak Street, explained that the Council represents the citizens in the City of Oshkosh when making decisions. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 00-509 Preliminary Determination not to Renew the Franchise of Time- Warner Entertainment Company, L.P. to Operate Cable System in Oshkosh MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (5) Harris, Hintz, O'Malley, Bloechl, Dell'Antonia; Present (1) Esslinger Council Member Esslinger stated that he would be voting present due to a conflict of interest. Council Member Harris stated that he would support the resolution but wished Time Warner would continue to have discussions to resolve the differences. He felt a compromise could then be reached. Mayor Dell'Antonia felt that it was unfortunate no agreement was achieved. He stated that he would support the resolution. PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 27'~ 2000 Resolution 00-510 Determination of Necessity; Establish Fair Market Value; Authorize 4 Purchase; Approve Fund Transfer; Approve Reimbursement/315 N. Main Street MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (5) Harris, Hintz, Esslinger, O'Malley, Dell'Antonia; Noes (1) Bloechl Council Member Bloechl questioned when eminent domain was discussed with Walgreens. She felt that the City's commitment was there but the businesses have not been equally committed. She also felt that some fund raising could have been done to see if the interest was there. Mr. Kinney, Director of Community Development, responded. Council Member Harris felt that this would show the City's commitment to the downtown plan. He also felt that over time the plan would benefit the taxpayers. Mayor Dell'Antonia stated that he would support the resolution. He felt that this would be a positive action in the downtown area. Council Member O'Malley expressed that the downtown redevelopment would be a long process and that this would be the beginning. Council Member Hintz stated that this was phase one of a comprehensive plan and felt it would make a direct impact on the City. Council Member Esslinger stated that he would support the resolution. CITIZEN STATEMENTS Ken Bender, 806 Oak Street, stated his concerns regarding the parking by Webster Stanley School. Mark Schneweis, 214 S. Eagle Street, Manager of Walmart, stated that the business would follow the laws and procedures in place regarding the control of alcohol sales. Council Member O'Malley left at 1:30 p.m. Council Member Bloechl expressed her concern regarding alcoholic beverages being sold at Walmart. PROCEEDINGS OF THE COMMON COUNCIL -- DECEMBER 27'~ 2000 Don Robinson, 870 Ridge Lane, felt that the tax base was decreasing because the City was purchasing property and taking it off the tax roll. Shirley Mattox, 1313 Jackson Street, stated her support for the downtown project. COUNCIL MEMBER STATEMENTS Council Member Esslinger stated that Channed 10 was available for the public to use. He thanked Channel 10 for all their hard work regarding the chemical fire. Council Member Bloechl stated that Channel 10 and City staff did a great job regarding the coverage of the chemical incident. She expressed her concerns with communication between the parties involved with the downtown revitalization. Council Member Hintz explained that each member of the Council had different ideas. He felt it was important to work together in order to accomplish things. Council Member Harris stated he had heard many favorable comments regarding the chemical fire and the various organizations involved. Mayor Dell'Antonia complemented all who were involved with the chemical fire. He felt that the tax base with the Division Street renovation had improved and that the foundry property would do the same. There was no other business before the Council MOTION: ADJOURN (Bloechl; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 1:53 p.m. PAMELA R. UBRIG CITY CLERK 6