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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Tuesday, January 9, 2001 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Dell'Antonia presided.
PRESENT: Council Members Stephen Hintz, Paul J. Esslinger, R. Matt O'Malley,
Melanie Bloechl, M. Kevin McGee, Mark L. Harris 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 Hintz read the Invocation.
The Pledge of Allegiance was led by Brandon Nickel and Chelsea Larson from Franklin
Elementary School; and, Amy Fenhaus and Angela Miller from Trinity Lutheran School.
PUBLIC HEARINGS
The Mayor ordered the following Public Hearings:
Approve Zone Changes; Park Ridge Avenue (North 8, South Sides); Algoma,
Bent, Sheridan 8, Murdock Area; Wisconsin, New York, Irving 8, Division Area
There were no appearances and the Public Hearing was CLOSED.
Approve Permanent Zoning/Boschwitz Farm Annexation
There were no appearances and the Public Hearing was CLOSED.
Amend Zoning Ordinance/Standards for Two Family Dwelling in R-lC Zoning
District
There were no appearances and the Public Hearing was CLOSED.
PROCEEDINGS OF THE COMMON COUNCIL- JANUARY 9,2001
CONSENT AGENDA
The minutes of the December 27, 2000 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $9,203,765.54.
The Report of the City Clerk was read.
Resolution 01-01
Approve Agreement/State of Wisconsin/Department of Health &
Family Services, Division of Public Health
Resolution 01-02
Initial Resolution Authorizing not Exceeding $1,903,100/City of
Oshkosh Bonds/Street & Street Improvements
Resolution 01-03
Initial Resolution Authorizing not Exceeding $1,306,000/City of
Oshkosh Bonds/Storm Sewer Improvements
Resolution 01-04
Initial Resolution Authorizing not Exceeding $1,661,400/City of
Oshkosh Bonds/Sanitary Sewer Improvements
Resolution 01-05
Initial Resolution Authorizing not Exceeding $1,167,100/City of
Oshkosh Bonds/Park & Park Improvements
Resolution 01-06
Initial Resolution Authorizing not Exceeding $352,400/City of
Oshkosh Bonds/Improvements within Tax Increment Financing
Districts
Resolution 01-07
Direct Advertisement & Sale of Notes & Bonds of the City of
Oshkosh
Resolution 01-08
Award Bid/Contract for Toilet Renovation Work/24th Avenue &
Rainbow Park Boat Launches (Jacob C. Basten Construction Co.,
Inc., Green Bay, $54,543.00)
Resolution 01-09 Increase Riverside Cemetery Fees
Resolution 01-10
Approve Labor Agreement/International Association of Firefighters,
Local 316
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PROCEEDINGS OF THE COMMON COUNCIL- JANUARY 9,2001
Resolution 01-11 Disallowance of Claim/Gary Davies
Resolution 01-12 Disallowance of Claim/Carmen Arriaga
Resolution 01-13 Disallowance of Claim/Shane Kom
Resolution 01-14 Approve Miscellaneous City Licenses
*Resolution 01-05 was removed for separate consideration,
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 01-05
(Bloechl; second, Esslinger)
CARRIED: Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Resolution 01-05 Initial Resolution Authorizing not Exceeding $1,167,100/City of
Oshkosh Bonds/Park & Park Improvements
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Hintz, Esslinger, O'Malley, McGee, Harris, Dell'Antonia;
Noes (1) Bloechl
She expressed her
Council Member Bloechl questioned what the bonds included.
support for parks but not the downtown plaza.
Mr. Nokes, Director of Finance, responded.
PUBLIC AGENDA DISCUSSION
Ordinance 01-21 Approve P Jansen Annexation
Paul Jansen, 3220 Shorewood Drive, explained the annexation.
Resolution 01-22 Approve Combination "Class A" License/Walmart
Mark Schneweis, manager of Walmart, explained the reason for obtaining the liquor
license and asked the Council to support the resolution.
Council Member Bloechl questioned the various competitors in the community.
Council Member Harris questioned if this would increase the volume of customers.
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Bob Gelhar, 707 Washington Avenue, questioned if other competitors could apply for
liquor licenses.
Nick Roge, 618 Washington Avenue, questioned if other Walmarts were selling
alcohol.
Resolution 01-23
Approve Tax Incremental District No. 15 Project Plan; Designate
Tax Incremental District No. 15 Boundaries; Create Tax
Incremental District No. 15
Ken Bender, 806 Oak Street, stated his concerns regarding the TIF District for the
downtown.
Jim Larson, 600 S. Main Street, and Kurt Koeppler, 1726 Rivermill Road, were there to
answer questions of the Council and to thank the staff for their help.
Council Member Bloechl questioned the cost and the language regarding the Tax
Incremental District No. 15 contract.
Mr. Kraft and Mr. Wollangk responded.
Resolution 01-25 Reaffirm Washington Avenue Pavement Width
Robert Rosenberg, 712 Washington Avenue, stated that he would prefer the street to
remain the current width or narrower.
Jerry Jacklin, owner of property at 602 Washington Avenue, explained the amended
results for the survey on the Washington Avenue width.
Cheryl Jacklin, owner of property at 602 Washington Avenue, expressed her support
for the 32-foot street width with parking on one side.
Bob Gelhar, 707 Washington Avenue, stated he would like trees in the neighborhood.
Resolution 01-26 Approve Policies for Alcohol License Hearing
Pat Purtell, President of the Tavern League, 5060 Island View Drive, felt the policy was
needed but expressed his concerns regarding a portion of the policy.
Council Member Esslinger questioned if the Tavern League would agree to the policies
if it were a 12-month period.
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PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Council Member Bloechl asked various questions regarding the Tavern League and
their involvement with the liquor license policies.
Mr. Kraft responded.
Council Member Hintz questioned the procedures regarding the Bartender/Operators
points.
Mayor Dell'Antonia questioned how the 12-month would be better than the 18-month
period.
Heidi Supple, 1501 Arboretum Drive, agreed that the policy was needed but expressed
concerns regarding a portion of the policy.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-15 Approve Zone Changes; Park Ridge Avenue (North & South
Sides); Algoma, Bent, Sheridan & Murdock Area; Wisconsin, New
York, Irving & Division Area
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-1 (~ Approve Zone Change/905, 1001 & 1007 Bay Shore Drive
WITHDRAWN PRIOR TO COUNCIL MEETING
Ordinance 01-17 Approve Permanent Zoning/Boschwitz Farm Annexation
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-18 Amend Zoning Ordinance/Standards for Two Family Dwelling in R-
1C Zoning District
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-19 Approve P & D Berger Annexation
FIRST READING; LAID OVER UNDER THE RULES
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Ordinance 01-20 Approve J Cuske Annexation
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-21 Approve P Jansen Annexation
FIRST READING; LAID OVER UNDER THE RULES
Resolution 01-22 Approve Combination "Class A" License/Walmart
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (5) Hintz, Esslinger, O'Malley, McGee, Dell'Antonia;
Noes (2) Bloechl, Harris
Council Member Bloechl asked various questions regarding Walmart holding a "Class
A~ License. She questioned if Council could limit the number of licenses.
Mr. Kraft responded.
Council Member Esslinger explained there were not enough reasons to deny Walmart
a license. He stated he would support the resolution.
Council Member Harris expressed his concerns regarding the license for Walmart.
Council Member McGee asked various questions regarding the denial of a license.
Resolution 01-23 Approve Tax Incremental District No. 15 Project Plan; Designate
Tax Incremental District No. 15 Boundaries; Create Tax
Incremental District No. 15
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (5) Hintz, Esslinger, O'Malley, Harris, Dell'Antonia;
Noes (2) Bloechl, McGee
Council Member McGee expressed his concerns regarding the downtown TIF District.
He stated he would not support the resolution.
Council Member Hintz stated that the Council had an obligation to the downtown area
and that he would support the resolution.
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Council Member Harris explained how the TIF would be a good investment for the City.
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Resolution 01-24
Approve Developer Agreement/Tax Incremental District No. 15
Park Plaza/Commerce Street Redevelopment
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (5) Hintz, Esslinger, O'Malley, Harris, Dell'Antonia;
Noes (2) Bloechl, McGee
Resolution 01-25 Reaffirm Washington Avenue Pavement Width
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION: AMEND STREET WIDTH TO 32 FEET (O'Malley; second, McGee)
MOTION:
LOST:
AMEND THE AMENDMENT FROM 32 FEET TO 30 FEET
(McGee; second, O'Malley)
Ayes (2) O'Malley, McGee;
Noes (5) Hintz, Esslinger, Bloechl, Harris, Dell'Antonia
VOTE ON ORIGINAL AMENDMENT
CARRIED: Ayes (4) Hintz, O'Malley, McGee, Harris;
Noes (3) Esslinger, Bloechl, Dell'Antonia
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (4) Hintz, O'Malley, McGee, Harris;
Noes (3) Esslinger, Bloechl, Dell'Antonia
Council Member Harris stated that a 32-foot street width was the preference of the
residents and would benefit the City in regards to snow removal.
Council Member McGee stated that he would support a 30-foot street width. He
explained that there was a standard street width but the Council should be flexible and
work with the needs of the neighborhoods.
Mayor Dell'Antonia stated that he would not support a 30-foot street width. He
expressed his concerns that this resolution would set a standard for the rest of the City.
Council Member Esslinger questioned the width of W. South Park Avenue east of Ohio
Street. He stated he would not support a 30-foot width.
Mr. Patek responded.
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Council Member Bloechl stated that the residents would like parking only on one side.
Mr. Wollangk responded.
Council Member O'Malley felt that Council should take both the advice of the City staff
and the needs of the neighborhood into consideration, when determining street widths.
Council Member Hintz felt that there were many different situations that do not fit the
standard and that Council should show some flexibility.
Resolution 01-26 Approve Policies for Alcohol License Hearing
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION:
AMEND THE TIMEFRAME FROM 18 MONTHS TO 12 MONTHS
(Esslinger; second, O'Malley)
MOTION:
CARRIED:
LAYOVER TO JANUARY 23, 2001 COUNCIL MEETING (Hintz;
second, Harris)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Council Member Bloechl questioned if the timeframe was lowered should the number of
points also be lowered. She stated her concerns regarding the Special Class B
licenses not being under this policy.
Mr. Erickson, Chief of Police, Ms. Lorenson, Deputy City Attorney and Mr. Kraft
responded.
Mayor Dell'Antonia felt that Council should be made aware of incidents prior to granting
the license.
Council Member McGee questioned if any licenses would have been affected if the
policy had been in place over the past year. He felt that the timeframe and the points
needed to be sorted out.
Council Member O'Malley felt that the Special Class B licenses would be hard to
enforce. He stated that he would support 4 points within a 12-month period.
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
Council
Council
Special
Member Harris felt that the timeframe did not reflect the point accumulation.
Member Esslinger expressed his concerns regarding the point system and the
Class B licenses. He questioned the reason for the resolution to be laid over.
Council Member Hintz felt that there were many items and numbers that needed to be
worked out.
CITIZEN STATEMENTS
Daniel Lynch, 310 N. Eagle Street, expressed his concerns regarding the affects of
tobacco.
Ken Bender, 806 Oak Street, expressed his concerns regarding the downtown area.
COUNCIL MEMBER STATEMENTS
Council Member Bloechl questioned if the staff had any communications with the state
regarding the chemical fire and what was determined as the cause of the fire.
Mr. Wollangk responded.
Council Member O'Malley felt that the Washington Avenue issue was a great example
of citizens and the Council working together.
Council Member Harris explained the property tax increase.
Council Member Esslinger felt that Council decisions were for the good of the City and
not for the individual neighborhoods.
Mayor Dell'Antonia explained that everyones entitled to their own opinion regarding
City projects.
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk requested to have a workshop on February 13, 2001 prior to the Council
Meeting for the Gateway Committee to discuss the progress. After some discussion
they decided not to have the workshop.
PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 9, 2001
There was no other business before the Council
MOTION: ADJOURN (Bloechl; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 9:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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