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HomeMy WebLinkAboutMinutesO./'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, January 23, 2001 at 6:00 p.m. in the Council Chambers, City Hall. Deputy Mayor Hintz presided. PRESENT: Council Members Paul J. Esslinger, R. Matt O'Malley, Melanie Bloechl, M. Kevin McGee, Mark L. Harris and Stephen Hintz. EXCUSED: Mayor Jon Dell'Antonia ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk and Warren Kraft, City Attorney Council Member Esslinger read the Invocation. The Pledge of Allegiance was led by Laura Musekamp and Sarah Burnell from Perry Tipler Middle School. PUBLIC HEARINGS The Mayor ordered the following Public Hearing: Approve Final Resolution Vacating Portions of A) Radford Place; B) W. Waukau Avenue There were no appearances and the Public Hearing was CLOSED. CONSENT AGENDA The minutes of the January 9, 2001 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $17,709,209.53. The Report of the City Clerk was read. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 Resolution 01-27 Resolution 01-28 Resolution 01-29 Resolution 01-30 Resolution 01-31 Resolution 01-32 Resolution 01-33 Resolution 01-34 Resolution 01-35 Resolution 01-36 Resolution 01-37 Resolution 01-38 Resolution 01-39 Resolution 01-40 Resolution 01-41 PROCEEDINGS OF THE Authorize Borrowing/State Trust Fund/Purchase & Remediate Property in TIF District Approve Change Order No. 1/Seniors Center Annex Approve Final Resolution Vacating Portions of A) Radford Place; B) W. Waukau Avenue Establish Fair Market Value/Authorize Purchase/422 Marion Road Grant Conditional Use Permits/700 W. Linwood Avenue/910 W. Murdock Avenue Approve Amended Engineering Service Agreements/STS Consultants/Environmental Services/Engineering Service Approve Change Order No. 2/Public Works Contract No. 00-11 Approve Change Order No. 2/Public Works Contract No. 00-03 Approve Amended Special Assessment Policy/Commercial and Industrial Property Approve Agreement/Wisconsin Department of Transportation - STH 110/Algoma Boulevard from Murdock Avenue to Roosevelt Avenue Approve Agreements/Transportation Services with Winnebago County/Lakeside Packaging Plus Inc and Zion Eldercare Approve Grant Sharing Agreement/Job-Related Transportation Services with the City of Appleton Award Bid/Trucks/Sanitation Division (Various) Waive Bids/Purchase Monitors/Defibrillator/Oshkosh Fire Department (Medtronic Physio-Control Corp., Redmond WA, $58,478.40) Write off Delinquent Accounts & Uncollectibles; Cancel Outstanding Checks & Fund Transfer COMMON COUNCIL -- JANUARY23, 2001 2 Council Member Bloechl questioned why some of the larger checks were not turned over to the District Attorney's Office. Mr. Kraft responded. Resolution 01-42 Rescind Bid Assessment/Place 2B/19 Merritt Avenue Resolution 01-43 Approve Miscellaneous City Licenses *Resolutions 01-31 and 01-32 were removed for separate considerations. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 01-31 and 01-32 (Bloechl; second, O'Malley) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Resolution 01-31 Grant Conditional Use Permits/700 W. Linwood Avenue/910 W. Murdock Avenue MOTION: ADOPT (Bloechl; second, McGee) MOTION: DIVIDE RESOLUTION 01-31 INTO: RESOLUTION 01-31A- CONDITIONAL USE PERMIT/700 W. LINWOOD AVENUE; AND, RESOLUTION 01-31B - CONDITIONAL USE PERMIT/910 W. MURDOCK AVENUE (Esslinger; second, McGee) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz MOTION: ADOPT RESOLUTION 01-31A- CONDITIONAL USE PERMIT/ 700 W. LINWOOD AVENUE (McGee; second, Bloechl) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz MOTION: ADOPT RESOLUTION 01-31B - CONDITIONAL USE PERMIT/ 910 W. MURDOCK AVENUE (Bloechl; second, McGee) CARRIED: Ayes (5) O'Malley, Bloechl, McGee, Harris, Hintz; Present (1) Esslinger Council Member Esslinger explained that he would be voting present on the conditional use permit for Murdock Avenue due to a conflict of interest. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 Resolution 01-32 Approve Amended Engineering Service Agreements/STS Consultants/Environmental Services/Engineering Service MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Council Member McGee questioned the financing for the design of the retaining wall on UW-Oshkosh property. Mr. Wollangk and Mr. Kinney, Director of Community Development, responded. PUBLIC AGENDA DISCUSSION Ordinance 0.1-44 Approve Zone Changes; Park Ridge Avenue (North & South Sides); Algoma, Bent, Sheridan & Murdock Area; Wisconsin, New York, Irving & Division Area Shirley Mattox, .13'13 Jackson Street, felt that the zoning change would revitalize the neighborhood and urged the Council to support the ordinance. Candy Wagner, 839 Jackson Street, asked the Council to support the re-zoning of Wisconsin, New York, Irving and Division Area. Scott 7iemers, 70'1 Jackson Street, felt that the zoning change was a step in the right direction for the revitalization of the downtown. Dave Hodge, '1027 Wright Street, felt the zone change would be beneficial to the area and asked the Council to support the ordinance. Ordinance 0'1-5'1 Amend Citizens Advisory Boards and Commissions Ordinance Robert Kujawa, 504 W. Nevada Avenue, felt that individuals should not be limited in the number of committees they could participate in. He also felt that the limitation would lead to a shortage of committee members. Resolution 0'1-53 Approve Policies for Alcohol License Hearings Pat Purtell, Tavern League President, 5060 Island View Drive, stated his concerns regarding a portion of the policy. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 Council Member Bloechl questioned which violations were more severe and whether those should be higher in points. 4 Council Member Esslinger questioned if it was appropriate for Council to revoke a liquor license and also what a fair compromise would be. Patty Fischer, 4905 Highway 110, felt that the underage penalties should be higher and that under the proposed policy the reputation of the business could be at stake because of an employee. Heidi Supple, Fratello's Italian Cafe, 1501 Arboretum Drive, stated her concerns regarding a portion of the alcohol policy and felt that a policy should be looked into regarding the Special Class "B" licenses. Council Member Harris questioned which of the violations were more serious and what a reasonable timeframe would be for the violations. Council Member Esslinger questioned which would be more important; higher points for alcohol related offenses or a given timeframe. With Council consent, Pat Purtell responded. Gary Lee, 841 W. 4th Avenue, questioned how many patrol officers were on duty and stated his concerns regarding how the policy would be interpreted. Phil Levine, 2950 Rebecca Run, felt that employees would have an effect on the violations of a business and stated his concerns regarding the policy. Resolution 01-56 Establish Fair Market Value/Authorize Purchase/Approve Fund Transfer/Approve Reimbursement/201 Ceape Avenue Ken Bender, 806 Oak Street, stated he was not in favor of the resolution but felt that the Wisconsin Public Service property should be moved towards the railroad property. Robert Kujawa, 504 W. Nevada Avenue, felt that this would be a key step in the revitalization of the downtown area and asked the Council to support the resolution. The Council took a ten-minute break at 7:20 p.m. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 01-44 Approve Zone Changes; Park Ridge Avenue (North & South Sides); Algoma, Bent, Sheridan & Murdock Area; Wisconsin, New York, Irving & Division Area MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Ordinance 01-45 Approve Permanent Zoning/Boschwitz Farm Annexation MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Ordinance 01-46 Amend Zoning Ordinance/Standards for Two Family Dwelling in R-lC Zoning District MOTION: LOST: ADOPT (Bloechl; second, Esslinger) Ayes (3) O'Malley, McGee, Harris; Noes (3) Esslinger, Bloechl, Hintz Council Member Harris questioned what other areas were to be zoned R-lC and stated his concerns regarding homes that were already being converted into duplexes. Mr. Kinney, Director of Community Development, responded. Council Member Bloechl questioned how this ordinance would help protect the Algoma neighborhood. Council Member McGee explained the zoning amendment for the Algoma area. He felt that by adopting the change it would give Council the ability to identify other areas that should be re-zoned. Council Member Hintz questioned the probability of house conversions in the Algoma area. Mr. Kinney, Director of Community Development, responded. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 Ordinance 01-47 MOTION: CARRIED: Ordinance 01-48 Approve P. & D. Berger Annexation ADOPT (Bloechl; second, Esslinger) Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Approve J. Cuske Annexation 6 MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Ordinance 01-49 Approve P. Jansen Annexation MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Ordinance 01-50 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 01-51 Amend Citizens Advisory Boards and Commissions Ordinance FIRST READING; LAID OVER UNDER THE RULES Ordinance 01-52 Authorize Auxiliary Police and Community Service Officers as Traffic Officers/Direct Vehicular and Pedestrian Traffic FIRST READING; LAID OVER UNDER THE RULES Resolution 01-53 Approve Policies for Alcohol License Hearings MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: LOST: PROCEEDINGS OF THE AMEND 2 POINTS FOR THE FOLLOWING VIOLATIONS: OPERATOR'S/BARTENDER'S LICENSE REQUIRED, FURNISHING INTOXICANTS TO AN INTOXICATED PERSON, FURNISHING INTOXICANTS TO AN UNDERAGE PERSON, ALLOWING LOITERING BY AN UNDERAGE PERSON, CLOSING HOURS VIOLATIONS, AND NO CARRY OUTS AFTER HOURS; AND ADJUSTING 3 POINTS TO 5 POINTS; AND 5 POINTS TO 9 POINTS (Harris; second, McGee) Ayes (2) McGee, Harris; Noes (4) Esslinger, O'Malley, Bloechl, Hintz COMMON COUNCIL -- JANUARY23, 2001 MOTION: LOST: AMEND 12 MONTHS PER RENEWAL TIMEFRAME AND 5 POINTS (Esslinger; second, O'Malley) Ayes (2) Esslinger, O'Malley; Noes (4) Bloechl, McGee, Harris, Hintz MOTION: LAYOVER TO MARCH 13, 2001 COUNCIL MEETING (Hintz; CARRIED: second, Esslinger) Ayes (4) O'Malley, McGee, Harris, Hintz; Noes (2) Esslinger, Bloechl Council Member McGee asked for an explanation in regards to the "other" violations and felt that a 5 point system over 18 months would be better than the 3 point system over 12 months. He stated he would not support the amendment. Council Member O'Malley questioned the violation listed "substantially related to the licensed activity" and stated that he would not support the amendment. He stated that there was an existing law that allows the Council to remedy the problems. He felt that the problems with underage drinking should be addressed at the state level and not at the local level. Council Member Bloechl felt that there needed to be stronger regulations at the state level and that some violations should be weighed more heavily than other violations. She also felt that the Special Class "B" licenses should be looked at. She stated that she would support the resolution as originally proposed. Council Member Harris questioned which issue would be more important, the point system or the timeframe. He felt that under the current rules, the establishments have no standards to follow and that the proposed policy would set guidelines. He stated that he would support the resolution but there should be a difference regarding the severity of violations. Council Member Esslinger stated his concerns regarding the timeframe issue and also stated he would not support the layover. Council Member Hintz stated that he supported the spirit of the policy but there were areas that needed improvements. He stated that he would like a list of activities that would define the violations, an option of a rolling point system and work out the weight of the violations. Mr. Erickson, Chief of Police, Ms. Lorenson, Assistant City Attorney and Mr. Kraft responded. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 The Council took a ten-minute break at 9:25 p.m. Resoltuion 01-54 Authorize Borrowing/State Trust Fund/Renovating Building in TIF District No. 15 MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (5) Esslinger, O'Malley, McGee, Harris, Hintz; Noes (1) Bloechl Resolution 01-55 Authorize Borrowing/State Trust Fund/Purchase Property for Development MOTION: CARRIED: ADOPT (Esslinger; second, Bloechl) Ayes (4) O'Malley, McGee, Harris, Hintz; Noes (2) Esslinger, Bloechl Council Member Bloechl questioned the funding to purchase the Hooper Building. Mr. Wollangk responded. Resolution 01-56 Establish Fair Market Value/Authorize Purchase/Approve Fund Transfer/Approve Reimbursement/201 Ceape Avenue MOTION: CARRIED: ADOPT (Esslinger; second, Bloechl) Ayes (4) O'Malley, McGee, Harris, Hintz; Noes (2) Esslinger, Bloechl Resolution 01-57 Authorize Grant Aplication/108 Loan Program MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz Resolution 01-58 Grant Conditional Use Permit/Approve Planned Development/Wisconsin Street/New York Avenue/Irving Avenue/Division Street Area MOTION: ADOPT (Esslinger; second, O'Malley) CARRIED: Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 Resolution 01-59 Award Bid/Demolition of BuildingsNarious Locations (Beaver Services Inc., Beaver Dam, $132,900.00) MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: DIVIDE RESOLUTION 01-59 INTO: RESOLUTION 01-59A- EVERYTHING EXCEPT 315 N. MAIN CARRIED: STREET AND 19 MERRITT AVENUE; AND, RESOLUTION 01-59B- 315 N. MAIN STREET; AND, RESOLUTION 01-59C - 19 MERRITT AVENUE (Harris; second, Esslinger) Ayes (6) Esslinger, O'Malley, Bloechl, McGee, Harris, Hintz MOTION: CARRIED: ADOPT RESOLUTION 01-59A- EVERYTHING EXCEPT 315 N. MAIN STREET AND 19 MERRITT AVENUE (Bloechl; second, Esslinger) Ayes (5) Esslinger, O'Malley, Bloechl, Harris, Hintz; Noes (1) McGee MOTION: CARRIED: ADOPT RESOLUTION 01-59B - 315 N. MAIN STREET (Harris; second, Bloechl) Ayes (5) Esslinger, O'Malley, McGee, Harris, Hintz; Noes (1) Bloechl MOTION: ADOPT RESOLUTION 01-59C - 19 MERRITT AVENUE (Bloechl; second, Esslinger) MOTION: CARRIED: LAYOVER TO MARCH 13, 2001 COUNCIL MEETING (Harris; second, Esslinger) Ayes (5) O'Malley, Bloechl, McGee, Harris, Hintz; Noes (1) Esslinger Council Member McGee stated he would not support part A of the resolution because the City would be tearing down residential homes to build new residential homes. Council Member Harris stated his reason for the layover was that there was an individual interested in purchasing the property at 19 Merritt Avenue. Mr. Wollangk responded. Council Member O'Malley stated he thought that the plan for the area was for parking. PROCEEDINGS OF THE COMMON COUNCIL -- JANUARY 23, 2001 CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding the affects of tobacco and smoking. COUNCIL MEMBER STATEMENTS 10 Council Member Esslinger questioned when the annual report would be distributed throughout the community. Mr. Wollangk responded. Council Member Bloechl felt that there was still no direction given to staff regarding the alcohol policy. Council Member O'Malley stated that lung cancer in California has decreased over the last ten years due to a no smoking ban in public buildings. He felt that Council should take the time to talk and work through the alcohol policy to make it fair for everyone involved. Council Member McGee felt that the alcohol policy was laid over for different reasons. Council Member Harris stated that nicotine is addictive and children that are exposed to second hand smoke would be affected. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk reminded the Council of the workshop with the Gateway Committee after the February 13, 2001 Council Meeting. There was no other business before the Council MOTION: ADJOURN (Bloechl; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 10:10 p.m. PAMELA R. UBRIG CITY CLERK 11