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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Tuesday, March 13, 2001 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Dell'Antonia presided.
PRESENT: Council Members M. Kevin McGee, Stephen Hintz, Paul J. Esslinger, R.
Matt O'Malley, Melanie Bloechl and Jon Dell'Antonia
EXCUSED: Council Member Mark L. Harris
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Bloechl read the Invocation.
The Pledge of Allegiance was led by Weston Halter and Broc Miller from Carl Traeger
Elementary School; and, Luke Crane from Carl Traeger Middle School.
PUBLIC HEARINGS
The Mayor ordered the following Public Hearings:
Concrete Paving 8, Utilities/Contract No. 01-03
There were no appearances and the Public Hearing was CLOSED.
Concrete Paving 8, Utilities/Contract No. 01-06
There were no appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the February 27, March 1 and 6, 2001 meetings were presented as
written.
The Report of the City Manager was read.
Council Member Harris arrived at 6:10 p.m.
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
The bills were presented in the amount of $4,865,705.58.
The Report of the City Clerk was read.
Resolution 01-115 Award Bid/Materials for Water Distribution Center (Various Bids)
Resolution 01-116 Waive Bids & Purchase Field Lights/Red Arrow Park Little League
Complex (MUSCO Sports Lighting, Inc., Milwaukee, $32,125.00)
Resolution 01-117 Waive Bids & Purchase Fireworks (Fivestar Fireworks Corp.,
Lakewood, $22,000.00)
Council Member Bloechl stated that she was grateful to Firstar for the many years in
which they had donated the fireworks.
Resolution 01-118 Grant Conditional Use Permit/400-D City Center
Resolution 01-119 Dedicate Street Right-of-Ways; Approve Street Name: Wyldewood
Drive & Havenwood Drive Extended
Resolution 01-120 Accept Permanent Easement/Northern Termini of Maryden Road
Resolution 01-121 Final Resolution/Concrete Paving & Utilities/Contract No. 01-03
Resolution 01-122 Approve Salary/City Manager
Resolution 01-123 Approve Miscellaneous City Licenses
MOTION: ADOPT CONSENT AGENDA Bloechl; second, Esslinger)
CARRIED: Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl,
Dell'Antonia
PUBLIC AGENOA DISCUSSION
Ordinance 01-125 Amend Section 2-41 Citizens Advisory Committee
Robert Kujawa, 504 W. Nevada Avenue, urged the Council to support the ordinance.
Ordinance 01-126 Repeal Summer Sprinkler Rate Discount
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Robert Kujawa, 504 W. Nevada Avenue, expressed his concerns regarding the reasons
for repealing the sprinkler rate.
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
Dee Durkee, 1416 Beech Street, felt that the sprinkler rate benefited the community
and asked the Council not to support the ordinance.
Hugh Carver, 1261 Merritt Avenue, questioned who was responsible for the payment of
the water used by various City Departments.
Council Member McGee questioned if the Parks Department paid for the water used to
maintain the flowerbeds.
Mr. Patek and Mr. Wollangk responded.
Resolution 01-128 Award Bid for Demolition/19 Merritt Avenue (Beaver Services, Inc.,
Beaver Dam, $74,000.00)
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding the Main Street and
Merritt Avenue intersection.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-124 Approve Traffic Regulations
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl,
Dell'Antonia
Ordinance 01-125 Amend Section 2-41 Citizens Advisory Committee
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl,
Dell'Antonia
Ordinance 01-126 Repeal Summer Sprinkler Rate Discount
FIRST READING; LAID OVER UNDER THE RULES
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
Resolution 01-127 Approve Policies/Alcohol License Hearings
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION:
AMEND THE PROPOSED POLICY ON INTOXICATING LIQUOR
AND/OR FERMENTED MALT BEVERAGE LICENSE HEARINGS
BY DELETING THE LAST TWO PARAGRAPHS AT THE BOTTOM
OF THE SECOND PAGE AND BY ADDING: "IF A LICENSE
HOLDER ACCUMULATES FIVE (5) POINTS, WITHIN AN 18-
MONTH PERIOD OF TIME, WHICH BEGINS ON THE DATE OF
THE FIRST CONVICTION FOR WHICH A POINT IS ASSESSED
UNDER THE PROVISIONS OF THIS POLICY, THE LICENSE
HOLDER SHALL BE SUMMONED BEFORE THE COUNCIL FOR
A HEARING ON THE INCIDENTS AND THE COUNCIL WILL
DETERMINE THE APPROPRIATE PENALTY THEREFORE, IN
ACCORDANCE WITH SECTION 125.12, WISCONSIN
STATUTES. (Dell'Antonia; second, Esslinger)
MOTION:
LOST:
AMEND AMENDMENT FROM 18 MONTH PERIOD OF TIME TO A
36 MONTH ROLLING HORIZON (McGee; second, Bloechl)
Ayes (2) McGee, Bloechl;
Noes (5) Harris, Hintz, Esslinger, O'Malley, Dell'Antonia
VOTE ON ORIGINAL AMENDMENT:
LOST: Ayes (3) Harris, Esslinger, Dell'Antonia;
Noes (4) McGee, Hintz, O'Malley, Bloechl
VOTED ON ORIGINAL RESOLUTION:
LOST: Ayes (1) McGee;
Noes (6) Harris, Hintz, Esslinger, O'Malley, Bloechl, Dell'Antonia
Mayor Dell'Antonia explained that the amendment would allow the points to disappear
on an anniversary date after 18 months. He felt that Council should pass the 18-month
amendment at this time and could bring the resolution back for review at a later date.
He stated that he would not support the 36-month rolling horizon amendment.
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Council Member McGee explained the rolling horizon policy in which a violation would
remain on the books for a period of time.
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
Council Member Esslinger requested clarification on administrative violations regarding
warnings with time to correct the violation. He stated that he would support the
amendment.
Council Member O'Malley stated that he would support the amendment.
Council Member Harris stated that staff could, at any time, bring forth license holders
for review. He explained that the need to have a hearing on an establishment was a
rare event and that he would not support the amendment.
Mr. Kraft responded.
Council Member Bloechl felt that the staff should continue to work internally with the
policy that was already in place. She stated that prior to the approval of a license, the
Council should be supplied with an activity report on the establishment.
Council Member Hintz expressed his thoughts regarding the Police Department
procedures when dealing with license holders.
Resolution 01-128 Award Bid for Demolition/19 Merritt Avenue (Beaver Services, Inc.,
Beaver Dam, $74,000.00)
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl,
Dell'Antonia
Resolution 01-129 Final Resolution/Concrete Paving & Utilities/Contract No. 01-06
MOTION:
CARRIED:
ADOPT (Esslinger; second, Bloechl)
Ayes (5) Harris, Hintz, Esslinger, Bloechl, Dell'Antonia;
Noes (2) McGee, O'Malley
CITIZEN STATEMENTS
Hugh Carver, 1261 Merritt Avenue, read an article from an Alabama newspaper and
stated his concerns regarding the improvements with the downtown area.
Ken Bender, 806 Oak Street, stated his concerns regarding the priorities of projects in
the community.
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
Candy Wegner, 839 Jackson Street, asked questions regarding the cost of various
Capital Improvements Program projects. She expressed concerns with the
responsibility of payment by the homeowner and the city. She felt that Council should
remove the assessments from the property owners on Jackson Street and have the City
pay the cost.
Council Member Harris explained the assessment policy regarding the cost to the City
and the property owners cost.
Chloe Wandschneider, 1609 Jackson Street, stated her concerns regarding the City's
cost versus the property owners cost.
Shirley Mattox, 1313 Jackson Street, expressed her concerns regarding the older
citizens in the area and asked the staff to keep the residents informed and advised.
Barbara Hawley, 1641 Jackson Street, asked questions regarding the driveway
approaches and snow removal.
Lorie Harris, 1637 Jackson Street, questioned the language regarding the sidewalks
being replaced. She also questioned whether the water service would be shut off.
Kelly Burnet, 524 W. New York Avenue, stated his concerns regarding the paving on
W. 8th Avenue. He stated he was opposed to the work and the cost involved.
Jill Schlicting, MJS Limited, 30 W. 8th Avenue, questioned the increase cost of the
improvements. She stated she was opposed to the project.
Andre Beisinger, 14 W. 8t" Avenue, felt that the paving was not necessary and asked
the Council if the street could be removed from the contract.
Mr. Wollangk and Mr. Patek responded.
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COUNCIL MEMBER STATEMENTS
Resolution 01-121 Final Resolution/Concrete Paving & Utilities/Contract No. 01-03
MOTION:
CARRIED:
RECONSIDER (Bloechl; second, McGee)
Ayes (5) McGee, Hintz, O'Malley, Bloechl, Dell'Antonia;
Noes (2) Harris, Esslinger
MOTION: ADOPT (Bloechl; second, McGee)
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
MOTION:
LOST:
REMOVE W. 8TM AVENUE (Bloechl; second, McGee)
Ayes (3) McGee, O'Malley, Bloechl;
Noes (4) Harris, Hintz, Esslinger, Dell'Antonia
VOTE ON ORIGINAL RESOLUTION:
CARRIED: Ayes (7) McGee, Harris, Hintz, Esslinger, O'Malley, Bloechl,
Dell'Antonia
Council Member Harris explained that the street was in need of repair and that the cost
would only continue to increase. He stated that the payment options would allow the
owners to spread the assessment cost over a number of years.
Council Member Esslinger felt that the Council should move forward with the paving.
He explained that the cost would continue to increase over the years.
Council Member Hintz questioned the condition of the street and the number of
property owners involved.
Mr. Wollangk and Mr. Patek responded.
Council Member Bloechl explained that each year due to the increase of material cost
there would be an increase of assessments to the property owners.
Council Member McGee explained the 1/3-1/3-1/3 policy for assessments and felt that
maybe the Council would need to revisit that policy.
Council Member Bloechl requested that the Council should receive activity reports for
all license holders prior to approval of their licenses. She questioned the standard
policy regarding convictions with beer barrels and underage parties. She thanked
Firstar for their support with the fireworks and also to the Oshkosh Foundation for
taking over that support. She stated that there was going to be a public forum with the
Kettl Commission on March 27, 2001 from 11:30 a.m. to 1:30 p.m. in room 221 at
Reeve Memorial Union. She also stated that on March 26, 2001 at 11:00 a.m. there
would be a National Town Hall meeting regarding health care coverage at Mercy
Medical Center in conference rooms A and B.
Mr. Kraft and Ms. Ubrig responded.
Council Member O'Malley reminded citizens of the Town Hall meeting that would be
held on March 17th at 9:30 a.m. at the New Moon Cafe.
Council Member McGee explained information regarding a parking study with the
downtown area. He felt that the downtown should be a pedestrian orientated area.
PROCEEDINGS OF THE COMMON COUNCIL --MARCH 13, 2001
Council Member Hintz stated that the public forum with the Kettl Commission would be
a discussion regarding important issues for the City of Oshkosh. He stated that
interested citizens should apply for membership to the Citizens Advisory Committee.
Council Member Harris stated that he had the opportunity to observe the University of
Wisconsin Student Senate meeting. He felt that the meeting was interesting and
positive for the community.
Mayor Dell'Antonia questioned the staff regarding re-issuance of a liquor license for an
establishment that had closed. He felt that the Council should be consistent regarding
assessments that were supported by property owners and those that were not. He
congratulated the Oshkosh West High School basketball team on a job well done.
Mr. Kraft responded.
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk reminded Council of the workshop on March 27th regarding the Festival of
Lights with the Parks Department.
There was no other business before the Council
MOTION: ADJOURN (Bloechl; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 8:50 p.m.
PAMELA R. UBRIG
CITY CLERK