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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Tuesday, April 10, 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 Jamie Warnke and Laura Thiel from St. Elizabeth
Ann Seaton Elementary School; and, Andrew Sulewski from Grace Lutheran School.
CONSENT AGENDA
The minutes of the March 27, 2001 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $2,887,499.31.
The Report of the City Clerk was read.
Resolution 01-146 Grant Conditional Use Permit; Approve Final Planned
Development/Northshore Preserve Plat
Ken Bender, 806 Oak Street, stated his concerns regarding the planning of the
Northshore Preserve development.
Resolution 01-147 Accept Easements/Northshore Preserve Plat Area
Resolution 01-148 Initial Resolution/Utilities, Sidewalk and Concrete Paving/
Northshore Preserve
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
Resolution 01-149 Accept and Approve Waiver of Special Assessment Notices and
Hearing in Connection with Improvements/Northshore Preserve
Resolution 01-150 Approve Developer Agreement/Northshore Preserve Plat
Resolution 01-151 Final Resolution/Utilities, Sidewalk and Concrete
Paving/Northshore Preserve
Resolution 01-152 Approve Revised Final Plat/Northshore Preserve Plat
Resolution 01-153 Determination of Necessity to Acquire Properties/305 Ceape
Avenue & 10 Court Street - Wisconsin Public Service Corporation
Site
Council Member Bloechl stated her concerns regarding the level of remediation and the
funds to purchase the property.
Mr. Kraft responded.
Resolution 01-154 Approve Developer Agreement Terms/502 N. Main Street
Terry Laib, 1347 Washington Avenue, explained the details of the project and was
there to answer questions of the Council.
Council Member Bloechl questioned what the building would look like.
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding the development and
felt that the intersection should be dealt with.
Roger Westphal, 1025 Merritt Avenue, felt the project should move forward and urged
the Council to support the resolution.
Resolution 01-155 Change Order No. 1/Public Works Contract No. 00-08 (Knaus
Construction Inc., Green Bay, Net Increase $50,631.89)
Resolution 01-156 Change Order No. 1/Public Works Contract No. 00-16 (Ronet
Construction Corp., Green Bay, Net Increase $32,776.30)
Resolution 01-157 Change Order No. 2/Public Works Contract No. 00-16 (Ronet
Construction Corp., Green Bay, Net Increase $30,217.45)
Resolution 01-158 Authorize Grant Application/Juvenile Accountability Incentive Block
2
Grant
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
Ken Bender, 806 Oak Street, stated his concerns regarding juveniles in society. He
urged the Council to support the resolution.
Hugh Carver, 1261 Merritt Avenue, expressed various concerns regarding the grant.
Dee Durkee, 1416 Beech Street, stated she felt juveniles should have a chance to try
different programs.
Don Wollenberg, 1367 W. 18th Avenue, felt that programs would help but parents need
to be involved. He urged the Council to support the resolution.
Resolution 01-159 Disallowance of Claim/Bernice Kent
Resolution 01-160 Approve Miscellaneous City Licenses
Council Member Hintz questioned the Managers report regarding which docks would
be used for the Otter Street Walleye Fest.
Mr. Wollangk responded.
*Resolutions 01-154 and 01-158 were removed for separate considerations.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
01-154 AND 01-158 (McGee; second, Esslinger)
CARRIED: Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Resolution 01-154 Approve Developer Agreement Terms/502 N. Main Street
MOTION: ADOPT (Bloechl; second, O'Malley)
CARRIED: Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Council Member Harris questioned the amounts in the agreement and what the
government contribution would be.
With Council consent the date of March 30, 2001 was changed to March 30, 2002 in
the development agreement, section 1-D.
Ms. Kepplinger, Principal Planner of Community Development Department, responded.
Council Member Bloechl stated her concerns regarding the private and government
funding for the revitalization of the downtown.
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
Council Member O'Malley felt this project would be a benefit to the downtown area.
Mayor Dell'Antonia thanked Mr. Laib for the proposal and stated that he would support
the resolution.
Resolution 01-158 Authorize Grant Application/Juvenile Accountability Incentive Block
Grant
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Hintz, O'Malley, Bloechl, McGee, Harris, Dell'Antonia;
Noes (1) Esslinger
Council Member Esslinger stated his concerns regarding the program and expressed
that he would not support the resolution.
PUBLIC AGENDA DISCUSSION
Ordinance 01-161 Approve Traffic Regulations
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding Hazel Street.
Ordinance 01-164 Approve Health Fee Increase
Robert Kujawa, 504 W. Nevada Avenue, asked questions regarding the increase and
urged the Council to support the ordinance.
Don Wollerberg, 1367 W. 18th Avenue, stated his concerns regarding the regulation of
the point-of-sale scales and scanners.
Council Member Bloechl felt that the fees needed to reflect the services provided.
Council Member Harris felt that regulating the businesses would protect the consumers.
Mr. Spiegel, Director of the Health Services Department, responded.
The Council took a ten-minute break at 7:35 p.m.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-161 Approve Traffic Regulations
4
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
Ordinance 01-162 Repeal Alcohol License Restriction
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Council Member Bloechl questioned if the restriction would have an affect on the
Special Class "B" licenses.
Ms. Ubrig responded.
Ordinance 01-163 Approve Zone Change/Wisconsin Street & W. Packer Avenue,
Southeast Corner
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Ordinance 01-164 Approve Health Fee Increase
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Ordinance 01-165 Amend Chapter 14 and Chapter 29/Health Services Division
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Ordinance 01-166 Establishing Street Grades
MOTION:
CARRIED:
SUSPEND THE RULES FOR CONSIDERATION (Bloechl; second,
Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10~ 2001
Ordinance 01-167 Authorize Public Construction
MOTION:
CARRIED:
SUSPEND THE RULES FOR CONSIDERATION (Bloechl; second,
Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
Ordinance 01-168 EAA III Annexation
MOTION:
LOST:
SUSPEND RULES FOR CONSIDERATION (Bloechl; second,
Esslinger)
Ayes (2) Esslinger, Harris;
Noes (5) Hintz, O'Malley, Bloechl, McGee, Dell'Antonia
FIRST READING; LAID OVER UNDER THE RULES
Council Member McGee questioned the reason for waiving the rules on the annexation.
Mr. Wollangk responded.
Ordinance 01-169 EAA IV Annexation
MOTION:
LOST:
SUSPEND RULES FOR CONSIDERATION (Esslinger; no second)
LACK OF SECOND
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-170 EAA V Annexation
MOTION:
LOST:
SUSPEND RULES FOR CONSIDERATION (Esslinger; no second)
LACK OF SECOND
FIRST READING; LAID OVER UNDER THE RULES
6
Resolution 01-171 Establish Scheduling Order/Administrative Hearing/Time-Warner
Entertainment Company, L.P./Franchise Renewal
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Hintz, O'Malley, Bloechl, McGee, Harris, Dell'Antonia;
Present (1) Esslinger
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
Council Member Hintz requested a clarification regarding the timeframe for the
franchise renewal.
Council Member Bloechl questioned what would happen if a Council Member would not
be able to attend all of the negotiations.
Mr. Kraft responded.
Resolution 01-172 Approve Developer Agreement Terms/100 Block Redevelopment
Project
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION:
LOST:
LAYOVER UNTIL MAY 8, 2001 COUNCIL MEETING (Bloechl;
second, Esslinger)
Ayes (2) Bloechl, McGee;
Noes (5) Hintz, Esslinger, O'Malley, Harris, Dell'Antonia
VOTE ON ORIGINAL MOTION:
CARRIED: Ayes (5) Hintz, Esslinger, O'Malley, Harris, Dell'Antonia;
Noes (2) Bloechl, McGee
Council Member Bloechl felt that the project had all the elements of success but stated
her concerns regarding the disclosure of information. She stated that she would not
support the resolution.
Council Member Esslinger questioned if the layover would affect the project. He felt
that it was unfortunate that the residents were not given time to review the project.
With Council consent, the developer answered questions of the Council.
Ben Ganther, 6030 County Road A, stated that a layover would cause a delay in
occupancy.
Council Member Hintz stated he would support the proposal moving forward.
Council Member Harris stated that during the closed meeting it was discussed that
Council Members were not to speak to the media.
Mayor Dell'Antonia felt that an explanation of the project was given and that he would
support the resolution.
Council Member O'Malley stated that he would support the resolution.
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10~ 2001
CITIZEN STATEMENTS
Robert Kujawa, 504 W. Nevada Avenue, thanked Council Members McGee and
O'Malley for their years of service. He also thanked the Gateway Committee for the
progress that was being made. He asked the Council to consider changing the title of
Mayor to President and felt that Citizen Statements should remain at the end of the
meeting.
Kirk Olson, 908 Cherry Street, thanked Council Member O'Malley for his years of
service.
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding the 100 block of the
downtown area.
Ken Bender, 806 Oak Street, stated his concerns regarding juveniles in society.
COUNCIL MEMBER STATEMENTS
Council Member Esslinger thanked Council Members McGee and O'Malley for their
years of service. He also thanked the City Clerk and her staff for their work regarding
the recount.
Council Member Hintz stated that the Festival of Lights was being funded by the Rotary
Club and was considered a holiday festival.
Council Member Bloechl clarified that the Festival of Lights would be using some
taypayers funds for security and electrical purposes. She congratulated Council
Members McGee and O'Malley for their years of service. She thanked the City Clerk
and her staff for their diligent work regarding the recount. She explained the yard waste
pickup procedures. She reminded residents that there would be a meeting on
Wednesday, April 11, 2001 at 7:00 p.m. regarding the release of a sexual offender.
Council Member O'Malley thanked all those who supported him during his years of
service and with their help in the downtown revitalization, the preservation ordinance
and the town hall meetings.
Council Member Harris thanked the Exchange Club for the blue ribbon luncheon that
brought awareness to child abuse.
Mayor Dell'Antonia congratulated John Nichols, Director of the Public Library, for being
on the cover of the Library Journal. He also congratulated the City Clerk and her staff
for conducting the recount in a professional manner. He asked Mr. Kraft for a recap on
the election recount and the organizational meeting. He stated that he felt the Council
would continue to move forward with the redevelopment and other changes within the
PROCEEDINGS OF THE COMMON COUNCIL -- APRIL 10, 2001
city. He presented plaques to Council Members McGee and O'Malley for their service
on the Common Council.
Mr. Kraft responded.
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk reminded the Council of the organizational meeting on Tuesday, April 17,
2001 at noon.
MOTION:
CARRIED:
RECESS UNTIL NOON ON APRIL 17, 2001
(Bloechl; second, Esslinger)
Ayes (7) Hintz, Esslinger, O'Malley, Bloechl, McGee, Harris,
Dell'Antonia
There was no other business before the Council
The meeting recessed at 8:40 p.m.
PAMELA R. UBRIG
CITY CLERK