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HomeMy WebLinkAboutMinutesO../'HKO./'H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH¢ WISCONSIN REGULAR MEETING held Tuesday, August 14, 2001 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members Mark L. Harris, Paul J. Esslinger, Melanie Bloechl, Stephen Hintz, Shirley Mattox, William Castle and Jon Dell'Antonia ALSO PRESENT: Pamela Ubrig, City Clerk, Warren Kraft, Acting City Manager/City Attorney and David Patek, Director of Public Works Council Member Harris read the Invocation. The Pledge of Allegiance was led by Council Member Harris. LICENSE HEARING Resolution 01-324 MOTION: CARRIED: Approve Operator License/McGee DENY (Castle; second, Bloechl) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Tony Renning, Attorney from Davis & Kuelthau Law Firm representing the City of Oshkosh, explained the reasons regarding the denial of the operator license. Council Member Bloechl questioned the limitation of the violations. Council Member Esslinger questioned why the city hired an attorney for representation when the city already had an attorney on staff. He also questioned whether there were standards used in deciding who should receive an operator's license. Mr. Erickson, Chief of Police, and Mr. Kraft responded. Council Member Hintz questioned the significance of false answers versus violations. Council Member Mattox questioned whether the applicant was aware of the importance of the violations. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 Council Member Castle questioned if the applicant was present in the audience. Mayor Dell'Antonia questioned whether Ms. McGee or her representative was in the audience. Resolution 01-325 MOTION: CARRIED: Approve Operator License/Giannopoulos WITHDRAW (Harris; second, Esslinger) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Council Member Bloechl stated her concerns regarding the application being withdrawn. Mr. Erickson, Chief of Police, responded. Resolution 01-326 Approve Operator License/Hannis MOTION: CARRIED: DENY (Castle; second, Bloechl) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Tony Renning, Attorney from Davis & Kuelthau Law Firm representing the City of Oshkosh, explained the reasons regarding the denial of the operator license. Council Member Esslinger questioned whether there was any remedial or alcohol assessment programs regarding the violations. Council Member Bloechl questioned whether there was any knowledge or background of the individuals employment. Mr. Erickson, Chief of Police, responded. Mayor Dell'Antonia questioned whether Mr. Hannis or his representative was in the audience. Resolution 01-327 MOTION: MOTION: Approve Taxicab Driver's License/Oestreich DENY (Harris; second, Bloechl) LAYOVER UNTIL SEPTEMBER 11, 2001 COUNCIL MEETING (Castle; second, Esslinger) 2 CARRIED: Ayes (4) Esslinger, Hintz, Mattox, Castle; Noes (3) Harris, Bloechl, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 Tony Renning, Attorney from Davis & Kuelthau Law Firm representing the City of Oshkosh, explained the reasons regarding the denial of the license. Council Member Hintz questioned the length of time the applicant was licensed as a taxicab driver in the City of Oshkosh. He also asked various questions regarding the employment of the applicant. Council Member Esslinger questioned the jurisdiction of the city regarding the approval or disapproval of a taxicab license. He asked various questions regarding the need for the license and stated his support for the layover. Mr. Erickson, Chief of Police, responded. Council Member Castle questioned if the ordinance was repealed would the city lose the jurisdiction for the approval or disapproval of the taxicab license. Mr. Kraft responded. Mr. Oestreich was sworn under oath by the City Clerk. Dan Oestreich, 670B Grand Street, stated that he was seeking help for his actions. He felt that his license should not be denied and answered questions of the Council. Council Member Bloechl expressed her concerns and asked various questions regarding past convictions of the applicant. Council Member Mattox questioned whether Mr. Oestreich's employer would be able to limit his customers to older individuals. Mayor Dell'Antonia questioned Mr. Oestreich if he experienced any difficulties during the month that he was licensed. Council Member Harris stated that the Council had been granting licenses for taxicab drivers and that he would support the denial of the license. Resolution 01-328 Combination "Class B" License - Triangle Tavern MOTION: CARRIED: DENY (Bloechl; second, Esslinger) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Tony Renning, Attorney from Davis & Kuelthau Law Firm representing the City of Oshkosh, explained why he recommended denial for this license. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 CONSENT AGENDA The minutes of the July 24 8, 26, 2001 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $12,189,084.47. The Report of the City Clerk was read. Resolution 01-329 Approve Variance~1214 Indigo Drive Resolution 01-330 Grant Conditional Use Permit/Jackson Street, between 2732 8, 2880 Jackson Street Keith Mustang, 624 Chestnut, Neenah, was there to answer questions of the Council. Resolution 01-331 Award Bid/Public Works Contract No. 01-11/Utility Construction Various Locations (Charles O. Green, Inc., Appleton, $33,488.00) Resolution 01-332 Award Bid/Public Works Contract No. 01-16/Asphalt Paving 8, Underground Work/Various Locations (MCC, Inc., Appleton, $207,096.10) Resolution 01-333 Change Order No. 2/Public Works Contract No. 00-08/Water Mains (Knaus Construction, Inc., Green Bay, Net Increase, $7,348.50) Resolution 01-334 Change Order No. 3/Public Works Contract No. 00-16/Sanitary Sewer and Landscaping (Ronet Construction Corp., Green Bay, Net Increase, $1,501.38) Resolution 01-335 Initial Resolution/Asphalt Overlay/Custer Avenue Council Member Mattox questioned the reason for the paving Custer Avenue. Mr. Patek responded. 4 Resolution 01-336 Initial Resolution/Cold Mix Asphalt OverlayNarious Streets Council Member Esslinger questioned why Florida Avenue wasn't being paved with concrete. Council Member Mattox questioned if the cold mix asphalt would lower the number of repairs. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 Mr. Patek responded. Resolution 01-337 Amend Special Assessment Policy/Commercial & Industrial Property MOTION: LAYOVER UNTIL AUGUST 28, 2001 COUNCIL MEETING (Bloechl; second, Esslinger) LOST: Ayes (3) Esslinger, Bloechl, Mattox; Noes (4) Harris, Hintz, Castle, Dell'Antonia Council Member Bloechl stated her concerns for the special assessment policy regarding the tax exempt organizations. Council Member Harris felt that the resolution was a technical correction to the policy. Council Member Mattox stated she would like an explanation as to why there was a need for the policy change. Mayor Dell'Antonia stated that he would not support the layover, he felt that the policy adjustments should to be made. Mr. Kraft and Mr. Patek responded. Resolution 01-338 Set Water Rates Council Member Bloechl stated her concerns regarding the increase in the water rates. Council Member Castle questioned if there were any water usage records set this year. Mr. Patek responded. Mayor Dell'Antonia questioned what the impact would be if Council were to deny the water increase. Mr. Kraft responded. Resolution 01-339 Approve Labor Contract/Local 796, AFSCME AFL-CIO Resolution 01-340 Initial Industrial Development Revenue Bond EVCO Plastics) Paul Muller, 1911 Adams Street, Madison, representing EVCO Plastics, was there to answer questions of the Council. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 Council Member Bloechl congratulated Mr. Muller regarding the new plant and questioned if there were any plans for the old plant. Council Member Castle questioned what the timetable was regarding the opening of the new facility. Council Member Harris questioned the impact on employment for the city. He explained the city's status for the tax-exempt bonds and that there would be no cost to the taxpayers. Resolution 01-341 Waiver of Public Bidding Requirements (EVCO Plastics) Resolution 01-342 Approve Miscellaneous City Licenses Council Member Bloechl stated her concerns regarding Robbins Restaurant Catering. She questioned the length of time for those waiting for a Combination Class "B" License. Mayor Dell'Antonia questioned why Robbins Restaurant Catering applied for a Class "B" Fermented Malt and Class "C" Wine License, and not a Special Class "B" License. He also questioned why Bros LLC was applying for a license. Council Member Harris questioned if a Special Class "B" licenses could be awarded to the same premises. Council Member Castle felt that if the applicants met the requirements Council would have no viable reason to deny the license. Mr. Kraft and Ms. Ubrig responded. With consent of the Council, Mr. Dumke was given the opportunity to explain the situation at 700 N. Koeller Street. 6 Andy Dumke, 1209 Washington Avenue, answered various questions of the Council regarding the Combination Class "B" License for Bros LLC.. *Resolution 01-342 was removed for separate consideration. MOTION: CARRIED: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 01-342 (Bloechl; second, Castle) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL - AueusT 14, 2001 Resolution 01-342 Approve Miscellaneous City Licenses MOTION: ADOPT (Castle; second, Esslinger) MOTION: CARRIED: DIVIDE RESOLUTION 01-342 INTO: RESOLUTION 01-342A- BROS LLC; AND, RESOLUTION 01-342B - ROBBINS RESTAURANT CATERING; AND, RESOLUTION 01-342C - EVERYTHING EXCEPT BROS LLC AND ROBBINS RESTAURANT CATERING (Bloechl; second, Dell'Antonia) Ayes (6) Harris, Esslinger, Bloechl, Hintz, Mattox; Dell'Antonia Noes (1) Castle MOTION: LOST: LAYOVER RESOLUTION 01-342A FOR THIRTY DAYS (Bloechl; second, Esslinger) Ayes (2) Esslinger, Bloechl; Noes (5) Harris, Hintz, Mattox, Castle, Dell'Antonia MOTION: CARRIED: ADOPT RESOLUTION 01-342A (Bloechl; second, Esslinger) Ayes (6) Harris, Esslinger, Hintz, Mattox, Castle, Dell'Antonia; Noes (1) Bloechl MOTION: CARRIED: ADOPT RESOLUTION 01-342B (Castle; second, Esslinger) Ayes (6) Harris, Esslinger, Hintz, Mattox, Castle, Dell'Antonia; Noes (1) Bloechl MOTION: CARRIED: ADOPT RESOLUTION 01-342C (Castle; second, Mattox) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia The Council took a ten-minute break at 7:50 p.m. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 01-343 Al)prove Traffic Regulations MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: DIVIDE ORDINANCE INTO: ORDINANCE 01-343A- EVERYTHING EXCEPT OHIO STREET; AND, ORDINANCE 01-343B - OHIO STREET (Mattox; no second) LOST: LACK OF SECOND PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 VOTE ON ORIGINAL ORDINANCE: CARRIED: Ayes (6) Harris, Esslinger, Bloechl, Hintz, Castle, Dell'Antonia; Noes (1) Mattox Council Member Mattox felt that by removing the parking on Ohio Street it would create another highway through the city. Ordinance 01-344 MOTION: CARRIED: Ordinance 01-345 MOTION: CARRIED: Ordinance 01-346 FIRST READ Ordinance 01-347 FIRST READ Resolution 01-348 Approve Reigh Annexation ADOPT (Bloechl; second, Esslinger) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Amend Electrical Code ADOPT (Bloechl; second, Esslinger) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Establish Revised Sewer Use Charges lNG; LAID OVER UNDER THE RULES Repeal Taxicab Driver Licensing Requirements lNG; LAID OVER UNDER THE RULES Approve Operator License/Lee MOTION: CARRIED: ADOPT (Esslinger; second, Bloechl) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Council Member Bloechl stated that the applicant did not misrepresent himself on the application and that Council should approve the license. CITIZEN STATEMENTS Ken Bender, 806 Oak Street, questioned the status of various projects throughout the city. Mr. Patek, Mr. Kraft and Mayor Dell'Antonia responded. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 COUNCIL MEMBER STATEMENTS Resolution 01-301A- Final Resolution/Utilities, Asphalt Paving; Asphalt Mill & Overlay for Burnwood Drive MOTION: CARRIED: RECONSIDER (Castle; second, Esslinger) Ayes (6) Harris, Esslinger, Bloechl, Hintz, Castle, Dell'Antonia Noes (1) Mattox MOTION: CARRIED: LAYOVER UNTIL AUGUST 28, 2001 COUNCIL MEETING (Harris; second, Mattox) Ayes (6) Harris, Bloechl, Hintz, Mattox, Castle, Harris; Noes (1) Esslinger Council Member Hintz questioned what the change had been regarding the residents of Burnwood Drive. He stated he would support the layover and felt a letter should be mailed to the residents informing them of the reconsideration. Council Member Esslinger explained various reasons why all of the residents had not come forward at the July 24, 2001 Council Meeting. Council Member Mattox stated her concerns with reversing the decision without residents available to voice their concerns. Mayor Dell'Antonia felt that the residents should have been at the meeting to voice their concerns. Council Member Bloechl stated her concerns regarding the petition process. She felt that the city should designate streets that need to be improved. Council Member Harris felt that the Council should reconsider the resolution and give everyone the opportunity to voice their concerns. Council Member Castle asked for the status of various projects throughout the city. Mr. Patek responded. Council Member Bloechl stated her concerns regarding the reimbursements for the chemical fire. She felt the city and the affected businesses should get together to produce a letter to Clarion. She thanked the City Attorney's Office for their time gathering information regarding the downtown committee. She questioned whether there was a conflict of interest with Ms. Mattox serving on both the Advisory Board and the Foundation Board for the Grand Opera House. She stated her concern regarding minutes of the Advisory Board for the Grand Opera House meetings. PROCEEDINGS OF THE COMMON COUNCIL - AUGUST 14, 2001 Mr. Kraft responded. Council Member Esslinger expressed his concerns regarding various articles written in the newspaper regarding the Council. He stated that the cost of moving the Chief Oshkosh statue would be around $60,000.00. He also stated that the overnight parking issue would be brought before Council on September 25, 2001 and that the figures were being compiled for the wading pool in South Park. He questioned if Time Warner Cable was concerned with him being involved with the process, why would they continue to mail him information. At which time, he surrendered his packet to the City Attorney. Council Member Harris stated that Council had directed the Grand Opera House to put their finances in order and felt that they had made progress. He asked Mr. Patek to explain why there were so many streets being reconstructed at the same time. He thanked the residents for their patience during the street construction. Mr. Patek responded. Council Member Mattox asked the residents to keep their sidewalks clear from shrubs and trees; and explained that the city had an ordinance pertaining to such. Council Member Hintz felt that the Grand Opera House was a great community asset. He thanked the staff for their work regarding the various labor agreements. MOTION: AMEND COUNCIL RULE PERTAINING TO CITIZEN 10 LOST: STATEMENTS BY DELETING FROM THE PARAGRAGH THE PHRASE "THAT THE COMMON COUNCIL MAY ADDRESS AT FUTURE MEETINGS" (Dell'Antonia; second, Castle) Ayes (3) Harris, Mattox, Dell'Antonia; Noes (4) Esslinger, Bloechl, Hintz, Castle Council Member Hintz stated his concerns regarding residents speaking on any topic. Council Member Esslinger expressed his concerns regarding residents speaking on items the Council would not be able to change and stated he would not support the amendment to the rule. Council Member Harris stated his concerns regarding residents who were afraid to speak at the Council Meetings for fear of breaking the rules. PROCEEDINGS OF THE COMMON COUNCIL - AueusT 14, 2001 MOTION: CARRIED: COUNCIL RULES PERTAINING TO PUBLIC COMMENT: INDIVIDUALS SPEAKING TO THE COUNCIL REGARDING AGENDA ITEMS ARE LIMITED TO FIVE (5) MINUTES, ONE APPEARANCE PER AGENDA ITEM PER PERSON. (NOTE: EXCEPTION TO THE FIVE (5) MINUTES MAY BE MADE AT THE DISCRETION OF THE COUNCIL.) WHENEVER THE COUNCIL AMENDS A RESOLUTION OR ORDINANCE, THE COUNCIL, AT ITS DISCRETION, MAY PERMIT ADDITIONAL PUBLIC COMMENT SPECIFIC ONLY TO THE AMENDMENT AND ITS EFFECT. (Dell'Antonia; second, Esslinger) Ayes (7) Harris, Esslinger, Bloechl, Hintz, Mattox, Castle, Dell'Antonia Mayor Dell'Antonia felt that residents should have the opportunity to express their thoughts and concerns after Council would make an amendment on an issue. Council Member Harris stated that he would support the amendment to the rule. Council Member Esslinger expressed his support for the amendment. Council Member Castle also stated he would support the amendment. 11 WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Kraft thanked the residents for their patience with all the street construction in the community. He stated that Time Warner had filed a motion to compel discovery and asked the Council to direct the Boardman Law Firm to file their response and to request Time Warner to respond back to the city by August 24, 2001. 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 12