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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH~ WISCONSIN
REGULAR MEETING held Tuesday, June 12, 2001 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Dell'Antonia presided.
PRESENT: Council Members Melanie Bloechl, Stephen Hintz, Shirley Mattox, William
Castle, Mark L. Harris, 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 Bloechl read the Invocation.
The Pledge of Allegiance was led Council Member Bloechl.
PUBLIC HEARINGS
The Mayor ordered the following Public Hearings:
Final Resolution/Asphalt Overlay/Algoma Boulevard
Ken Bender, 806 Oak Street, questioned who would be responsible for financing the
university's improvements.
Mr. Wollangk responded.
There were no other appearances and the Public Hearing was CLOSED.
Final ResolutionNarious Public Improvements/High Avenue, Division Street, Brown
Street, Market Street & Algoma Boulevard
There were no appearances and the Public Hearing was CLOSED.
Final Resolution/Paving, Laterals, Sidewalk Repair, New Sidewalk & Concrete
Driveway Approach/1760 W 7th Avenue
There were no appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the May 22 & 31, 2001 meetings were presented as written.
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
The Report of the City Manager was read.
The bills were presented in the amount of $7,922,282.44.
The Report of the City Clerk was read.
Resolution 01-235
Award Bid/Public Works Contract No. 01-08Narious Wastewater
Treatment Plan Pump Station Upgrades (Hogen Electric, Inc.,
Hartford, $899,000.00)
Resolution 01-236
Award Bid/Public Works Contract No. 01-04/Concrete Paving &
Underground Work (James Cape & Sons, Co., Racine,
$1,371,151.41)
Resolution 01-237
Approve Change Orders No. 14 & 15/Public Works Contract No. 97-
01/Water Filtration Plant (Miron Construction Company, Inc.,
Appleton, Change Order #14 - Net Increase of $110,151.00, Change
Order #15 - Net Decrease of $30,800.00)
Council Member Bloechl asked various questions regarding the water filtration plant
change orders.
Roger Ward, Vice President of HNTB Corporation, was there to answer questions of the
Council.
Resolution 01-238 Grant Privilege in Street/East of & Adjacent to 415 W. Murdock
Avenue
Resolution 01-239 Initial Resolution/Westowne Heights Improvements
Gary Yakes, Attorney representing Westowne Heights, requested that Resolutions 01-239
and 01-242 be withdrawn from the consent agenda and considered separately. He stated
that there was a water line along Highway 21 that could be used for annexations in the
future.
Jack Mark, 3000 Waldic Lane, Town of Algoma, questioned the need for the water line.
He felt that the Planning and Public Works Department should work with the developer
through the development process.
Council Member Hintz stated his concerns regarding several questions Mr. Marks had and
also with the water for that general area.
Council Member Harris questioned why the developer for this project would be
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responsible for the water line when other developers in the area would benefit from the
improvements.
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
Council Member Bloechl stated her concerns regarding the width of the easements and
the possibility of an extension for the street.
Mr. Patek responded.
Resolution 01-240 Accept & Approve Waiver of Special Assessment Notices & Hearing
In Connection With Improvements/Westowne Heights
Resolution 01-241 Approve Developer Agreement/Westowne Heights
Resolution 01-242 Final Resolution/Westowne Heights Improvements
Resolution 01-243 Approve Plats: A) Final Plat/Westowne Heights
B) Extraterritorial Preliminary/1 st Addition to Olde Apple Acres
C) Extraterritorial Preliminary/Jones Plat
Ken Bender, 806 Oak Street, stated his concerns regarding the lack of cooperation
between the city and the towns.
Mayor Dell'Antonia responded.
Resolution 01-244 Accept & Approve Easements/Westowne Heights Plat Area
Resolution 01-245 Grant Conditional Use Permits; Approve Final Planned
Developments: A) Westowne Heights Plat B) Wisconsin Street &
Warren Road, Southeast Corner
Resolution 01-246 Approve Memorandum of Agreement/Algoma Boulevard (STH 21)
Reconstruction Project
Resolution 01-247 Approve & Execute Relocation Order/Determination of Necessity to
Acquire Property/Authorize Acquisitions/Accept Easements-Koeller
Street & W 20th Avenue/Sidewalks
Resolution 01-248 Revise Sidewalk Program
Resolution 01-249 Final Resolution/Asphalt Overlay/Algoma Boulevard
Resolution 01-250 Final ResolutionNarious Public Improvements/High Avenue, Division
Street, Brown Street, Market Street and Algoma Boulevard
Resolution 01-251 Approve AppointmentsNarious Boards
Council Member Bloechl questioned whether all the individuals appointed were residents
of the City of Oshkosh.
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
Mayor Dell'Antonia responded.
Resolution 01-252 Approve Miscellaneous City Licenses
Council Member Bloechl questioned the status of the reports for license holders.
Mr. Wollangk responded.
*Resolution 01-239 was removed for separate consideration.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 01-239
(Bloechl; second, Esslinger)
CARRIED: Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
Resolution 01-239 Initial Resolution/Westowne Heights Improvements
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (6) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger;
Noes (1) Dell'Antonia
PUBLIC AGENDA DISCUSSION
Ordinance 01-253 Traffic Regulations
Ken Bender, 806 Oak Street, stated his concerns regarding parking near Market Square.
He felt that the removal of parking in that area would keep individuals from visiting the
downtown.
Ordinance 01-230 Amend Regulations Relating to Dogs in Parks
Ken Bender, 806 Oak Street, felt that allowing dogs in the parks would cause problems
and asked the Council not to support the ordinance.
Hugh Carver, 1261 Merritt Avenue, expressed his opinion regarding dogs in the parks and
urged the Council to adopt the ordinance.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-253 Traffic Regulations
MOTION: ADOPT (Bloechl; second, Esslinger)
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CARRIED: Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
Establish Street Grades/Patriot Lane/Westowne Heights
SUSPEND RULES FOR CONSIDERATION (Bloechl; second,
Ordinance 01-254
MOTION:
CARRIED:
MOTION:
CARRIED:
Ordinance 01-255
MOTION:
CARRIED:
MOTION:
CARRIED:
Ordinance 01-255A
Esslinger)
Ayes (7) Bloechl
ADOPT (Bloechl
Ayes (7) Bloechl
Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
second, Esslinger)
Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
Authorize Public Construction/Patriot Lane/Westowne Heights
SUSPEND RULES FOR CONSIDERATION (Bloechl; second,
Esslinger)
Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
ADOPT (Bloechl; second, Esslinger)
Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
Ordinance Affirming the Declaration of a State of Emergency for the
City of Oshkosh
MOTION: SUSPEND RULES FOR CONSIDERATION (Bloechl; second,
Esslinger)
CARRIED: Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
Council Member Castle questioned the need for the ordinance.
Mr. Wollangk responded.
Resolution 01-256 Final Resolution/Paving, Laterals, Sidewalk Repair, New Sidewalk &
Concrete Driveway Approach/1760 W. 7th Avenue
MOTION: ADOPT (Bloechl; second, Esslinger)
CARRIED: Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
Resolution 01-257 Authorize Time-Warner Entertainment Company, L.P. to Temporarily
Operate the Cable Communications Systems in Oshkosh
MOTION:
CARRIED:
ADOPT (Bloechl; second, Esslinger)
Ayes (6) Bloechl, Hintz, Mattox, Castle, Harris, Dell'Antonia;
Present (1) Esslinger
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
Council Member Bloechl questioned how many times the Council would need to vote on
this type of a resolution.
Mr. Kraft responded.
Ordinance 01-230 Amend Regulations Relating to Dogs in Parks
MOTION:
LOST:
RECONSIDER (Castle; second, Esslinger)
Ayes (1) Castle;
Noes (6) Bloechl, Hintz, Mattox, Harris, Esslinger, Dell'Antonia
Council Member Esslinger stated that he would not support the ordinance.
Council Member Bloechl stated her concerns with various issues regarding dogs and their
habits.
Council Member Harris felt there would not be a lot of problems with allowing dogs in the
parks but felt the ordinance was too broad and would not support the ordinance.
Council Member Mattox stated that there were numerous parks in the city and felt the
ordinance was too general and too difficult to enforce. She stated that she would not
support the ordinance.
Council Member Castle stated that the reconsideration was an effort to provide dog
owners the opportunity to use the parks with their dogs.
Mayor Dell'Antonia felt that the various issues that were brought forward regarding dogs
in the parks were the same issues that are on the streets and sidewalks.
CITIZEN STATEMENT$
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding the zoo in Menominee
Park and the TIF district for the 100 block of N. Main Street.
Ken Bender, 806 Oak Street, stated his concerns regarding the gas prices. He was also
happy to see the citizens of Oshkosh pull together in a time of need, after the windstorm.
COUNCIL MEMBER STATEMENT$
Council Member Bloechl questioned the status of the clean up or repair of Quarry Park.
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She thanked the Mayor, Mr. Wollangk and staff for their services, communication and
coordination with the residents regarding the windstorm.
Mr. Wollangk responded.
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
Resolution 01-232 Modify Developer Agreement Terms/100 Block Redevelopment
Project
MOTION:
CARRIED:
RECONSIDER (Hintz; second, Castle)
Ayes (4) Hintz, Castle, Harris, Dell'Antonia;
Noes (3) Bloechl, Mattox, Esslinger
MOTION:
CARRIED:
ADOPT (Hintz; second, Castle)
Ayes (4) Hintz, Castle, Harris, Dell'Antonia;
Noes (3) Bloechl, Mattox, Esslinger
Council Member Bloechl stated that she would not support the resolution and gave
various reasons for her decision. She stated her concerns regarding the financing of the
developer and whether the city would be protected. She felt that the excitement was for
the apartments and felt if was unfortunate to want the compromise.
Council Member Hintz felt that this would be a major investment for the downtown area.
He stated that he would support the resolution and felt this was a great project.
Council Member Mattox felt that the residential element was important and stated that she
would be willing to wait and further study different uses for the area. She stated that she
would not support the resolution.
Mr. Kraft and Mr. Kinney, Director of Community Development, responded.
Council Member Harris explained that the project would bring private money into the
downtown area. He stated the city would not loose anything if the project should fail; the
Council would then look for other ideas for that area.
Council Member Esslinger felt the 100 block redevelopment this was a great project when
the residential element was included. He stated that he would not support the resolution.
Mayor Dell'Antonia felt that the Council should give the developer the flexibility and the
opportunity for the project.
Council Member Mattox thanked the Robl Brothers and Mr. Leib for the work they had
done to the downtown area restoring the old Bikeland building and the Fire Station into
apartments.
Mayor Dell'Antonia stated that there were great things going on in the city. He stated that
the golf course would be finished in about three weeks and open for business next year.
He stated his appreciation for the opportunity to experience the Flag Day tribute and
thanked the individuals that helped put that on.
PROCEEDINGS OF THE COMMON COUNCIL -JUNE 12, 2001
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk reminded residents not to use the drop off site for brush debris and that the
city crews would be picking up the brush from the curbs.
MOTION:
CARRIED:
CONVENE INTO CLOSED SESSION FOLLOWING ADJOURNMENT OF
THIS MEETING TO DISCUSS THE STATUS PRESENT AND
PERSPECTIVE OF THE OSHKOSH CITY EMPLOYEES UNION, OSHKOSH
PUBLIC LIBRARY EMPLOYEES, OSHKOSH CLERICAL-
PARAPROFESSIONAL UNION, OSHKOSH PROFESSIONAL EMPLOYEES
UNION, LOCAL NO. 316, I.A.F.F., OSHKOSH FIRE DEPARTMENT CHIEF
OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS
ASSOCIATION AND OSHKOSH POLICE SUPERVISORS ASSOCIATION
PURSUANT TO SECTION 19.85(1 )(c) AND CONFER WITH LEGAL
COUNCIL CONCERNING THE CABLE FRANCHISING AGREEMENT
PURSUANT TO SECTION 19.85(1)(g) OF THE WISCONSIN STATE
STATUTES. (Hintz; second, Bloechl)
Ayes (7) Bloechl, Hintz, Mattox, Castle, Harris, Esslinger, Dell'Antonia
There was no other business before the Council.
MOTION: ADJOURN (Castle; second, Bloechl)
CARRIED: VOICE VOTE
The meeting adjourned at 8:30 p.m.
PAMELA R. UBRIG
CITY CLERK