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HomeMy WebLinkAboutMinutesO./'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, February 13, 2001 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members R. Matt O'Malley, Melanie Bloechl, M. Kevin McGee, Mark L. Harris, Stephen Hintz, Paul J. Esslinger 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 O'Malley read the Invocation. The Pledge of Allegiance was led by Andy Kieckhafer and Nicole Hansen from Jacob Shapiro Elementary School; and, Ryan Miller and Chelsea Hammett from Oakwood Elementary School. PUBLIC HEARINGS The Mayor ordered the following Public Hearings: Approve Zone Change/1150 Van Buren Avenue - 1008 N. Sawyer Street Robert Lietz, 1514 Elmwood Avenue, urged Council to support the zoning change. Council Member Bloechl questioned if the setbacks would still be in compliance if Council approved the zone change. Reverend Nerenhausen, Zion Lutheran Church, 400 N. Sawyer Street, urged the Council to support the zone change so that the project would move forward. There were no other appearances and the Public Hearing was CLOSED. Approve Zone Change/Part of 741-753 N. Main Street Christopher Kindt, 345 Windingbrook Drive, Attorney for Zion Lutheran Church, urged the Council to waive the rules and approve the zoning change. Reverend Nerenhausen, Zion Lutheran Church, 400 N. Sawyer Street, explained the zone change request for the development. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 There were no other appearances and the Public Hearing was CLOSED. Approve Zone Changes/Part of 400 N. Sawyer Street & Part of 521 W. 16th Avenue Reverend Nerenhausen, Zion Lutheran Church, 400 N. Sawyer Street, explained the request and asked the Council to approve the zoning changes. There were no other appearances and the Public Hearing was CLOSED. CONSENT AGENDA The minutes of the January 23, 2001 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $5,447,659.72. The Report of the City Clerk was read. Resolution 01-60 Approve Fisk-Gallup Trust Resolution 01-61 Accept Permanent Easement/950 S. Koeller Street Resolution 01-62 Grant Easement to Wisconsin Public Service Corp/Marion Road- Pearl Avenue Redevelopment Project Area Resolution 01-63 Authorize Jurisdictional Offer/Algoma Boulevard and High Avenue Reconstruction Resolution 01-64 Approve Revised Agreement/Wisconsin Department of Transportation/High Avenue and Algoma Boulevard Resolution 01-65 Approve Change Order No. 1/Public Works Contract 00-01/Paving and Utilities Council Member Hintz questioned if the developer would be responsible for the majority of the increase to the contract. Mr. Wollangk responded. Resolution 01-66 Initial Resolution/Public Works Contract 01-03/Concrete Paving and Utilities 2 PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Resolution 01-67 Amend 2000 Capital Improvement Program/Dove Street width from 32 feet to 36 feet Resolution 01-68 Approve Amendment to Testing Agreement/Badger Laboratories and Engineering Resolution 01-69 Approve Amendment to Concessionaire Agreement/Ride Concessions at Menominee Park Resolution 01-70 Approve Extension to Lease Agreement/Fraternal Order of Eagles/Spanbauer Field Resolution 01-71 Approve Memorandum of Agreement with Department of Transportation/United States Coast Guard Ken Bender, 806 Oak Street, asked various questions regarding plans for the bridge. Mr. Wollangk responded. Resolution 01-72 Approve Amendment to Lease and Purchase of Services Agreement/Friends of the Shelter Humane Society Council Member Bloechl questioned the wording in the agreement regarding the parties involved. She stated her concerns regarding the facilities and the fund raising. Mr. Kraft and Mr. Wollangk responded. Resolution 01-73 Approve Change Order No. 1/Lakeshore Golf Course Improvement Work Contract (Northern Clearing Inc., Ashland, Net Increase, $57,000.00) Resolution 01-74 Authorize $6,390,000 General Obligation Corporate Purpose Bonds, Series 2001-A Resolution 01-75 Authorize $2,110,000 General Obligation Promissory Notes, Series 2001-B Resolution 01-76 Authorize $12,020,000 Water Revenue Bonds, Series 2001-C Resolution 01-77 Approve Fund Transfers Council Member Hintz questioned the reason for the fund transfers. Mr. Wollangk responded. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Resolution 01-78 Award Bid/Trucks for Parks and Street Departments (Fox Valley Truck, Appleton, $38,760.00; Pommerening Chevrolet, Oshkosh, $20,528.50) Resolution 01-79 Rescind Property Taxes Resolution 01-80 Disallowance of Claim/Amy Edgerly Resolution 01-81 Disallowance of Claim/Larry Laferty Resolution 01-82 Disallowance of Claim/Vicky Teichert Resolution 01-83 Disallowance of Claim/Elizabeth Weiner Resolution 01-84 Approve Miscellaneous City Licenses *Resolutions 01-62 and 01-73 were removed for separate considerations. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 01-62 and 01-73 (Esslinger; second, Bloechl) CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Resolution 01-62 Grant Easement to Wisconsin Public Service Corp/Marion Road- Pearl Avenue Redevelopment Project Area MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member McGee stated his concerns regarding Wisconsin Public Service installing lines above ground. Council Member Harris felt that it would be less expensive to bury the lines during early development. Council Member Bloechl questioned if the power lines were placed underground, would that process affect setbacks in the project and what the expense of that process would be. Council Member Hintz felt that the Council should look at the cost and benefits of the different options regarding this project. 4 PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Council Member O'Malley questioned if a delay on this resolution would affect the project. Mr. Kinney, Director of Community Development, responded. Mayor Dell'Antonia stated his concerns regarding major transmission lines versus residential lines buried underground and the cost that would be involved. Resolution 01-73 Approve Change Order No. l/Lakeshore Golf Course Improvement Work Contract (Northern Clearing Inc., Ashland, Net Increase, $57,000.00) MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Bloechl questioned the reasons for the extra money and if the City could use that money to pay on the bond. She questioned the reason for the hole dug on Punhoqua Street. Mr. Stephany, Director of Parks, Mr. Wollangk and Mr. Kraft responded. Council Member Esslinger questioned whether the money could be used for any other city projects. He also questioned how staff decided which items would to be completed in this project. Council Member McGee questioned if the extra money could be applied towards next years interest payments. Council Member Harris explained the history of bonding over the last couple of years. He stated the plan for the golf course was to focus on drainage and any money remaining would be used to complete other projects pertaining to the course. Council Member O'Malley stated that although the golf course had some difficulties last year they did make a profit. Mr. Dobish, General Manager/Superintendent of the golf course, responded. PUBLIC AGENDA DISCUSSION Ordinance 01-86 Amend Citizens Advisory Boards and Commissions Ordinance Robert Kujawa, 504 Nevada Avenue, asked Council to change and remove portions of the ordinance. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Resolution 01-93 Approve Agreement Chamco Doug Pearson, Executive Director of Chamco, asked the Council to approve the agreement. He felt that the partnership was working well and the community would continue to see results. Resolution 01-94 Approve Agreement with Oshkosh Commercial Development Corp (OCDC)/Modify Protective Covenants Rob Kleman, 120 Jackson Street, representing the Oshkosh Commercial Development Corporation, thanked the city for the opportunity to work together. He explained the request for the covenant modifications and was there to answer questions of the Council. Council Member Bloechl stated her concerns regarding the removal of the covenants. Mr. Kinney, Director of Community Development, responded. Council Member Esslinger expressed his concerns regarding the covenants. Council Member Harris questioned how many of the parcels would be affected by the change of standards. Council Member McGee questioned if the covenants were replacing the zoning and if the same standards would be set for manufacturing and commercial buildings. Resolution 01-95 Approve Architectural Design Service Agreement/Potter Lawson Ken Bender, 806 Oak Street, stated that although the decision had not been made regarding the location of City Hall, he felt the City should retain some of the property in the Marion Road/Pearl Avenue Redevelopment for future expansion. The Council took a fifteen-minute break at 7:45 p.m. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 01-85 Approve Traffic Regulations MOTION: ADOPT (Bloechl; second, Esslinger) CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Ordinance 01-86 Amend Citizens Advisory Boards and Commissions Ordinance MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: CARRIED: AMEND TO ADD "THIS LIMITATION DOES NOT APPLY TO COUNCIL MEMBERS APPOINTED TO ANY BOARD OR COMMISSION, TO APPOINTEES FOR CITIZENS ADVISORY COMMITTEES AS AUTHORIZED BY SECTION 2-41 OF THIS CODE, OR TO APPOINTEES OF ANY AD-HOC COMMITTEE DESIGNATED BY THE MAYOR." (Dell'Antonia; second, Bloechl) Ayes (6) O'Malley, Bloechl, McGee, Harris, Hintz, Dell'Antonia; Noes (1) Esslinger MOTION: LOST: AMEND TO ADD "STANDING" TO SECTION B, LINE 4, BEFORE THE WORD "BOARD" (Hintz; no second) LACK OF SECOND MOTION: LOST: AMEND TO STRIKE SECTION C (O'Malley; second, Esslinger) Ayes (3) O'Malley, Bloechl, Esslinger; Noes (4)McGee, Harris, Hintz, Dell'Antonia VOTE ON ORDINANCE AS AMENDED: CARRIED: Ayes (6) O'Malley, Bloechl, McGee, Harris, Hintz, Dell'Antonia; Noes (1) Esslinger Council Member McGee requested a clarification on various committees. Mr. Kraft responded. Council Member Hintz questioned how the clarification of residency would vary from the current code. Mayor Dell'Antonia stated that the previous code was by practice and not by ordinance. Council Member Harris questioned if the city would want to share services with surrounding communities and put together committees that would be made up of citizens from both entities. Mr. Kraft responded. Council Member McGee felt that section B of the ordinance addressed the city and surrounding towns working together. He felt town residents could give input but that residents of the city should make the decisions. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Council Member Esslinger stated he would not support the ordinance because people who own property would not be allowed to make decisions and felt Council Members should be allowed to serve on more than two boards. Council Member Bloechl felt that it was important for Council Members to be involved in various committees to keep the other Council Members informed on issues. Council Member Hintz questioned if there was a problem with citizens serving on several boards. He stated that he would not support the second amendment and felt Council should focus on finding more individuals to serve on the committees. Mayor Dell'Antonia explained his reasons for the changes with the boards and committees. Council Member McGee explained the differences between Council Members and citizens serving on boards and committees. Council Member Harris explained that the Mayor recommends the appointment of citizens to committees but the Council approves the appointments and has the option to change the Mayor's recommendation. He stated that he would not support the second amendment. Council Member O'Malley felt it would be a wonderful opportunity for individuals to serve on committees. Ordinance 01-87 Authorize Auxiliary Police and Community Service Officers as Traffic Officers/Direct Vehicular and Pedestrian Traffic MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Bloechl thanked the Auxiliary Police and the Community Service Officers for their hard work in the community. Ordinance 01-88 Amend Payment of Hook-On Charges FIRST READING; LAID OVER UNDER THE RULES Ordinance 01-89 Approve Zone Change/1150 Van Buren Avenue - 1008 N. Sawyer Street FIRST READING; LAID OVER UNDER THE RULES PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Ordinance 01-90 Approve Zone Change/Part of 741-753 N. Main Street MOTION: CARRIED: SUSPEND THE RULES FOR CONSIDERATION (Harris; second, O'Malley) Ayes (6) O'Malley, McGee, Harris, Hintz, Esslinger, Dell'Antonia; Noes (1) Bloechl MOTION: CARRIED: ADOPT (McGee; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Ordinance 01-91 Approve Zone Changes/Part of 400 N. Sawyer Street & Part of 521 W. 16th Avenue FIRST READING; LAID OVER UNDER THE RULES Resolution 01-92 Grant Conditional Use Permit/753 N. Main Street MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Resolution 01-93 Approve Agreement Chamco MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Resolution 01-94 Approve Agreement with Oshkosh Commercial Development Corp (OCDC)/Modify Protective Covenants MOTION: ADOPT (Hintz; second, Esslinger) MOTION: CARRIED: AMEND TO REMOVE "MODIFY PROTECTIVE COVENANTS" (Bloechl; second, Esslinger) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Bloechl stated her concerns regarding the covenants being modified. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 Resolution 01-95 Approve Architectural Design Service Agreement/Potter Lawson MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: LOST: REMOVE THE PARK PLAZA MALL PORTION (Esslinger; second, Bloechl) Ayes (2) Bloechl, Esslinger; Noes (5) O'Malley, McGee, Harris, Hintz, Dell'Antonia VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia Council Member Esslinger explained his reasons regarding the amendment to remove the Park Plaza Mall location for the new City Hall. He stated that the Potter/Lawson study and proposals gave the Council advice and information to make decisions. Council Member O'Malley questioned why City Hall should be built on riverfront property. Council Member Bloechl felt that there were serious drawbacks to temporary solutions for long-term needs. She stated she would support the amendment. She questioned whether Potter/Lawson looked into renovating the current City Hall. Mr. Wollangk and Mr. Kinney responded. Council Member Harris stated that the Council needed to have all the relevant information for all of the options in order to make a decision. Council Member Hintz felt that all of the options would be considered for long-term use. Resolution 01-96 Initial Resolution/Public Works Contract 01-06/Concrete Paving and Utilities MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (5) Bloechl, Harris, Hintz, Esslinger, Dell'Antonia; Noes (2) O'Malley, McGee CITIZEN STATEMENTS Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding the affects of smoking and tobacco products. PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 10 Ken Bender, 806 Oak Street, felt that the WG & R building should be torn down and converted into a parking lot. Dr. Sonnleitner, 1218 Jackson Street, requested that the money be transferred to the 4th of July Parade Fund to cover the 2001 expenses. Dee Durkee, 1416 Beech Street, stated her concerns regarding the Police Department having the ability to obtain private records of individuals. COUNCIL MEMBER STATEMENTS Council Member O'Malley informed the citizens of the community of the Town Hall Meeting to be held on March 24, 2001. He stated there would be a debate for the candidates running for Council. He explained why he would like the Mayor's position to be elected. Council Member Bloechl stated various concerns regarding plans for the downtown area. She felt it was a community project and everyone in the community should be involved. Council Member Hintz congratulated the city staff on the information included in the annual report. Council Member McGee stated his concerns regarding the railroad tracks on 20th Avenue. Mayor Dell'Antonia stated that the WG & R building demolition bid was laid over and action would be taken on that in the future. He felt that the contributions from private organizations and citizens were very beneficial to the City to assist in the completion of various projects. MOTION: CARRIED: CONVENE INTO CLOSED SESSION FOLLOWING ADJOURNMENT OF THIS MEETING AND THE WORKSHOP 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; AND CONFER WITH LEGAL COUNSEL CONCERNING THE CABLE FRANCHISING AGREEMETN PURSUANT TO SECTION 19.85(1)(g) OF THE WISCONSIN STATE STATUTES. (Hintz; second, Bloechl) Ayes (7) O'Malley, Bloechl, McGee, Harris, Hintz, Esslinger, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL -- FEBRUARY 13, 2001 There was no other business before the Council 11 MOTION: ADJOURN (Bloechl; second, Esslinger) CARRIED: VOICE VOTE The meeting adjourned at 9:35 p.m. PAMELA R. UBRIG CITY CLERK 12