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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
REGULAR MEETING held Tuesday, May 22, 2001 at 6:00 p.m. in the Council Chambers,
City Hall.
Deputy Mayor Hintz presided.
PRESENT: Council Members Paul J. Esslinger, Melanie Bloechl, Shirley Mattox, William
Castle, Mark L. Harris and Stephen Hintz
EXCUSED: Council Member 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 Esslinger read the Invocation.
The Pledge of Allegiance was led by Council Member Esslinger.
PUBLIC HEARINGS
The Deputy Mayor ordered the following Public Hearing:
Paving, Laterals, Sidewalk Repair, New Sidewalk & Concrete Driveway
ApproachesNarious Streets
There were no appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the May 8, 2001 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $15,214,368.30.
The Report of the City Clerk was read.
Resolution 01-213 Approve Change Order No. 2/Seniors Center Annex (The Selmer
Company, Green Bay, Net Increase $70,269.04)
PROCEEDINGS OF THE COMMON COUNCIl_ - MAY 22, 200'/
Resolution 01-214 Final Resolution/Paving, Laterals, Sidewalk Repair, New Sidewalk &
Concrete Driveway ApproachesNarious Streets
Mr. Patek explained the reasons for the revisions.
Resolution 01-215 Approve Membership Change/Oshkosh Area Community Foundation
Eileen Connelly-Keesler, 404 N. Main Street, stated various reasons why she felt the size
of the board should be increased.
Council Member Harris explained that he was affiliated with the Oshkosh Area Community
Foundation and would abstain from voting on the issue.
Resolution 01-216 Initial Resolution/Sanitary Sewer/Michigan Street
Resolution 01-217 Accept & Approve Waiver of Special Assessment Notices & Hearing
in Connection with Improvements/Michigan Street
Resolution 01-218 Final Resolution/Sanitary Sewer/Michigan Street
Resolution 01-219 Initial Resolution/Grading & Graveling/Michigan Street
Resolution 01-220 Initial Resolution/Asphalt Overlay/Algoma Blvd
Resolution 01-221 Initial Resolution/Utilities, Sidewalk & Asphalt Paving/Hickory Lane
Resolution 01-222 Initial Resolution/Paving & Utilities/Burnwood Drive
Resolution 01-223 Award Proposals/Playground Equipment/Roe & Westhaven Circle
Parks (Gerber Leisure Products, Inc., Madison, Roe Park:
$31,676.00, Westhaven Circle Park: $33,668.00)
Council Member Bloechl questioned the size of the playground equipment and it's ability
to fit into Roe Park.
Mr. Stephany, Director of Parks responded.
Resolution 01-224 Support Abatement Techniques/Controlling the Population of
Resident Canadian Geese in the City of Oshkosh
Council Member Bloechl questioned the various steps regarding the abatement methods
used in order to solve the goose problems.
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PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
Mr. Stephany, Director of Parks responded.
Resolution 01-225 Support Conversion of Railroad Bridge to Fishing Deck
Dee Durkee, 1416 Beech Street, stated her opinion regarding the conversion of the
railroad bridge into a fishing deck.
Ken Bender, 806 Oak Street, stated that he was appreciative for the conversion of the
railroad bridge.
Terry Wohler, 1357 Ceape Avenue, represented Otter Street Fishing Club, stated that the
club supported the idea of the conversion and was there to answer questions of the
Council.
Council Member Bloechl thanked Otter Street Fishing Club for their generous offer and
questioned if there were any ideas as to what the cost would be for the conversion.
Resolution 01-226 Approve Agreement/Provide for OCAT Program Rebroadcast/Town of
Algoma
Resolution 01-227 Approve Miscellaneous City Licenses
Dee Durkee, 1416 Beech Street, stated her concerns regarding the Waterfest Concerts.
*Resolutions 01-214 and 01-215 were removed for separate considerations.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
01-214 and 01-215 (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
Resolution 01-214 Final Resolution/Paving, Laterals, Sidewalk Repair, New Sidewalk &
Concrete Driveway ApproachesNarious Streets
MOTION: ADOPT (Bloechl; second, Castle)
MOTION: DIVIDE RESOLUTION 01-214 INTO:
RESOLUTION 01-214A- EVERYTHING EXCEPT 1760 W. 7TM
AVENUE; AND,
RESOLUTION 01-214B - 1760 W. 7TM AVENUE (Bloechl; second,
Castle)
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CARRIED: Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
MOTION: ADOPT RESOLUTION 01-214A (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
MOTION: ADOPT RESOLUTION 01-214B (Harris; second, Esslinger)
MOTION:
CARRIED:
LAYOVER UNTIL JUNE 12, 2001 COUNCIL MEETING (Harris;
second, Bloechl)
Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
Resolution 01-215 Approve Membership Change/Oshkosh Area Community Foundation
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (5) Esslinger, Bloechl, Mattox, Castle, Hintz;
Present (1) Harris
PUBLIC AGENDA DISCUSSION
Ordinance 01-228 Zone Change/333 S. Washburn Street
Attorney Russ Reft, 217 Ceape Street, representing New Life Community Church,
explained the various reasons for the zone change and explained that the developer was
aware of the neighbors concerns.
Kathy Seiberlich, 460 Graceland Drive, stated various concerns regarding the zone
change.
Ron Leichtfuss, 110 Cimarron Court, stated his reasons why he was not totally opposed to
the zone change.
Darcy McGraw, 1623 Iowa Street, stated her opinion and support for the rezoning of the
property.
David Sennholz, 1268 W. 18th Avenue, stated various reasons to support the rezoning of
the property.
Kevin McGee, 1244 Wisconsin Street, explained the issue before Council was to decide
the best use for the land and that's what they should be focused on.
Ken Bender, 806 Oak Street, felt that the developer and the residents should work
together. He stated that there should be more information given in order for the Council to
make their decisions.
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Bob McGuire, 330 Shorelane Street, felt that the rezoning would give the community an
opportunity for growth and asked the Council for their support.
Lisa Marie Wesenberg, 380 Graceland Drive, stated her concerns regarding the rezoning.
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
Barb Langkau, 2300 Golden Avenue, stated her concerns regarding the rezoning. She
felt the residents should have a buffer.
Steve Ackley, 227 Clay Road, felt that the 73-foot buffer was a generous offer to the
residents.
Valerie Galler, 2251 Golden Avenue, stated her concerns regarding the zone change to
the property.
Gus Gainacopulos, 341 Graceland Drive, stated he was opposed to the rezoning request
and gave various reasons to support his opposition.
Mike Stratz, 2750 Killarney Court, felt that Council should make the decision that would be
beneficial for the community and also for the residents.
Mike Stam, 889 Hennessy Street, stated his concerns but was not opposed to the
rezoning request.
Sue Lloyd, 1922 Ohio Street, felt the Council would make the right decision for what was
best for the community.
Council Member Bloechl asked various questions regarding the zone change.
Council Member Mattox questioned the percentage of green space and whether trees
would be used along with the burm.
Council Member Esslinger asked various questions regarding the 73 foot buffer zone.
Council Member Harris explained the covenants and the enforcement process.
Deputy Mayor Hintz questioned whether the church would build a new facility and where.
He also questioned whether the burm could be extended. He thanked everyone for their
concerns and questions regarding the rezoning.
The Council took a ten-minute break at 8:25 p.m.
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Ordinance 01-230 Amend Regulations Relating to Dogs in Parks
Jim Michelson, 1515 Northpoint Street, stated that the Parks Board had voted to keep the
current ordinance regarding dogs in the parks. He felt there were enough areas in the
community were dogs were allowed.
Pat Jaeger, 1401 Oregon Street, stated her concerns regarding dogs in the parks.
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
Robert Kujawa, 504 W. Nevada Avenue, explained various reasons for the Council to
support the amendment to the ordinance.
Ken Bender, 806 Oak Street, stated his concerns regarding dogs in the parks and asked
the Council not to support the ordinance.
Resolution 01-232 Modify Developer Agreement Terms/100 Block Redevelopment
Project
Kevin McGee, 1244 Wisconsin Street, expressed his concerns regarding the 100 block
redevelopment. He urged the Council not to accept the project and to wait for the
appropriate use of the property.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-228 Zone Change/333 S. Washburn Street
MOTION:
CARRIED:
ADOPT (Castle; second, Esslinger)
Ayes (5) Esslinger, Mattox, Castle, Harris, Hintz;
Noes (1) Bloechl
Council Member Bloechl expressed her concerns regarding the rezoning request. She
stated that she would support a planned development overlay and to keep a portion of the
property as residential.
Council Member Esslinger expressed that the rezoning request was a difficult decision but
the Council needed to look at what the best interest for the community would be. He
stated that he would support the rezoning and he would also support the planned
development overlay.
Council Member Harris explained that a planned development overlay would not
necessarily benefit the neighborhood. He felt the Council should focus on what the best
use of the property was and make their decision.
Council Member Mattox expressed that the Council needed to look at what was best for
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the community. She stated that she would support the rezoning of the property.
Council Member Castle questioned the explanation of planned development overlay.
Mr. Kraft responded.
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 200'1
Ordinance 01-229 Amend Zoning Ordinance/Height Restrictions in Downtown Overlay
District
MOTION: ADOPT (Castle; second, Esslinger)
CARRIED: Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
Ordinance 01-230 Amend Regulations Relating to Dogs in Parks
MOTION: ADOPT (Bloechl; second, Esslinger)
MOTION: LAYOVER UNTIL JUNE 12, 2001 COUNCIL MEETING (Castle;
second, Esslinger)
LOST: Ayes (3) Esslinger, Mattox, Castle;
Noes (3) Bloechl, Harris, Hintz
VOTE ON ORIGINAL ORDINANCE:
LOST: Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
Council Member Castle suggested to layover the ordinance and bring forward an
amendment at a later date to allow dogs in the parks, but with time restrictions.
Council Member Harris stated that there were winter activities that took place in the parks
and he would not support the layover.
Council Member Esslinger stated his concerns regarding dogs in the parks and he would
not support the ordinance.
Council Member Mattox stated her concerns regarding dogs in the parks. She stated that
at this time she would not support the ordinance but in the future, with stricter guidelines
the ordinance could be brought back.
Ordinance 01-231 Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
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Resolution 01-232 Modify Developer Agreement Terms/100 Block Redevelopment
Project
MOTION:
LOST:
ADOPT (Castle; second, Esslinger)
Ayes (2) Castle, Harris;
Noes (4) Esslinger, Bloechl, Mattox, Hintz
Council Member Esslinger stated his concerns regarding the change to the developer's
agreement. He stated he would not support the resolution.
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
Council Member Bloechl stated her disappointment regarding the modification to the
developer's agreement. She stated her concerns regarding the TIF District #16. She
stated she would not support the resolution.
Council Member Harris stated his disappointment and concerns regarding the modification
of the developer's agreement.
Council Member Mattox felt that the 100 block would need to be the focal point of the
downtown redevelopment and stated that she would not support the resolution.
Resolution 01-233
Approve Tax Incremental District No. 16 Project Plan/Designate Tax
Incremental District No. 16 Boundaries/Create Tax Incremental
District No. 16
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (6) Esslinger, Bloechl, Mattox, Castle, Harris, Hintz
Council Member Bloechl asked various questions regarding the creation of the TIF District
without a plan for the property.
Mr. Wollangk responded.
Resolution 01-234 Establish Minute Taking Policy for Closed Meetings
MOTION:
LOST:
ADOPT (Esslinger; second, Bloechl)
Ayes (1) Bloechl;
Noes (5) Esslinger, Mattox, Castle, Harris, Hintz
Council Member Harris stated his concerns regarding minutes for closed meetings.
Deputy Mayor Hintz felt that the benefits would not outweigh the negatives regarding
closed meeting minutes.
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Council Member Esslinger stated his concerns regarding minutes for closed meetings.
Council Member Bloechl questioned the protection for the City of Oshkosh regarding the
continuous contracts the individuals had with the city.
Mr. Kraft responded.
CITIZEN STATEMENTS
Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding the affects of smoking.
PROCEEDINGS OF THE COMMON COUNCIL - MAY 22, 2001
Ken Bender, 806 Oak Street, stated his concerns regarding the restrictions on individuals
selling at the farmer's market. He felt that individuals should be able to sell produce from
Market Square.
Pat Jaeger, 1401 Oregon Street, commended the Council for the work they do for the
community.
COUNCIL MEMBER STATEMENTS
Council Member Bloechl stated her concerns regarding the minutes of the closed meeting
not passing and also with the rezoning of 333 S. Washburn Street being approved.
Council Member Esslinger felt that the dogs in the park issue would be revised and
brought back and he encouraged citizens to contact him regarding that issue. He
congratulated the Oshkosh West Indians Forensic Team for winning the State
Championship.
Council Member Mattox felt that the city staff needed to get more information to the
residents. She stated her support for the Water City Grill that would be opening near
Market Square and felt it would be an asset to the downtown revitalization project.
Deputy Mayor Hintz stated his intent to reconsider resolution 01-232 regarding the
modification of the developer's agreement for the 100 Block Redevelopment at the June
12, 2001 Council Meeting.
There was no other business before the Council
MOTION:
CARRIED:
ADJOURN (Castle; second, Bloechl)
VOICE VOTE
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The meeting adjourned at 10:25 p.m.
PAMELA R. UBRIG
CITY CLERK
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