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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH~ WISCONSIN O/HKO/H ON THE WATER REGULAR MEETING held Tuesday, November 26, 2002 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Hintz presided. PRESENT: Council Members Paul Esslinger, Mark Harris, Shirley Mattox, William Castle, Jon Dell'Antonia, Frank Tower and Stephen Hintz ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Dell'Antonia read the Invocation. The Pledge of Allegiance was led by Travis, Hannah and Cassie Jean from Lincoln Elementary School; and, Rachael Binning and Lauren Schneider from Oshkosh Christian Elementary School. A proclamation was presented by Mayor Hintz declaring November 26th thru December 1st, 2002, as "Festival of Trees Week" in the City of Oshkosh. PUBLIC HEARINGS The Mayor ordered the following Public Hearings: Approval of & Authorization to Submit the City of Oshkosh 2003 Action Plan to Obtain Community Development Block Grant Entitlement Funds There were no appearances and the Public Hearing was CLOSED. Approve Zone Change/West side of N Main Street, north of Libbey Avenue Gary Wake, representing the property owner, stated he was present to answer questions of the Council. There were no other appearances and the Public Hearing was CLOSED. Approve Official Mapping/Geneva Street Extended Bill Luebke, 2562 Jackson Street, stated his concerns regarding the street extension of Geneva Street. There were no other appearances and the Public Hearing was CLOSED. Proceedings of the Common Council-November 26, 2002 Consent Agenda The minutes of the November 12, 2002 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $8,739,812.70. The Report of the City Clerk was read. Resolution 02-415 Grant Privilege in Street/S. Westhaven Drive Resolution 02-416 Accept Waiver/Easements/Sawyer Creek Pedestrian Trail Area Resolution 02-417 Approval/Authorization to Submit the City of Oshkosh 2003 Action Plan to Obtain Community Development Block Grant Entitlement Funds Resolution 02-418 Authorize Submittal of Brownfields Assessment Grant Applications/Environmental Protection Agency Resolution 02-419 Approve Change Order No. 3/Public Works Contract No. 01- 03/Packer Avenue (Don Parker Excavating, Hortonville; increase $67,263.55) Resolution 02-420 Approve Change Order No. l/Public Works Contract No. 01- 08/Pump Stations (Strand Associates, Madison; increase $8,354.23) Resolution 02-421 Approve Change Order No. 2/Public Works Contract No. 01- 10/Sidewalk Program (Quality Concrete, Manawa; decrease $2,552.64) Resolution 02-422 Approve Change Order No. 2/Public Works Contract No. 02- 03A/N. Washburn Street Utilities (Dorner-Stahl, Luxemberg; increase $156,380.00) Resolution 02-423 Amend Special Assessment Policy Resolution 02-424 Initial Resolution/Sanitary Sewer & Water Main/N. Washburn Street Resolution 02-425 Accept/Approve Waiver of Special Assessment Notices & Hearing in Connection with Improvements/N. Washburn Street 2 Proceedings of the Common Council-November 26, 2002 Resolution 02-426 Final Resolution/Sanitary Sewer & Water Main/N. Washburn Street Resolution 02-427 Approve Issuance of Industrial Development Revenue Bonds/Sadoff & Rudoy, LLP Resolution 02-428 Initial/Industrial Development Revenue Bond/AP Westshore Inc Doug Pearson, Executive Director of Chamco, urged the Council to support the resolution. Resolution 02-429 Approve Waiver/Public Bidding Requirement/Industrial Development Revenue Bonds/AP Westshore Inc. Resolution 02-430 Approve Labor Contract for 2001-2003 Oshkosh Professional Police Officers Association Resolution 02-431 Authorize the Filing/Application for Federal Operating & Capital Assistance, State Operating Assistance & County Transportation Assistance Resolution 02-432 Approve Amendment/Water Tower Lease/AIItell Resolution 02-433 Approve Agreement/Oshkosh Area Foundation/Establish Bicentennial Agreement Fund Resolution 02-434 Approve 2003 Administrative Staff Compensation Resolution 02-435 Approve Miscellaneous Licenses MOTION: CARRIED: ADOPT CONSENT AGENDA (Dell'Antonia, second, Esslinger) Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz PUBLIC AGENDA DISCUSSION Ordinance 02-436 Create Storm Water Utility Tom Sonnleitner, Vice Chancellor of Administrative Services for UW-Oshkosh, urged the Council to delay implementing the ordinance. He also suggested that the Council create an advisory committee to make improvements to the ordinance. Roger James, Executive Vice President of Communications for EAA, questioned the criteria for the storm water utility. Mayor Hintz responded, Proceedings of the Common Council-November 26, 2002 Ken Bender, 806 Oak Street, expressed his concerns regarding the storm water utility. Ron Heilmann, School Superintendent, 1200 Washington Avenue, stated his concerns with the storm water utility and felt there should be a joint town meeting held to discuss the issue. He also urged the Council to delay the ordinance at this time. Daniel Lynch, 310 S. Eagle Street, questioned if there would be monitoring of the fish die off caused by poisons in the storm water. Mr. Patek responded. David Borsuk, 1970 Cliffview Court, expressed his concerns with various issues regarding the utility. Gordon Doule, 1225 Summit Avenue, stated his concerns regarding taxing through utilities. Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding administration rates and charges for condos. Hugh Carver, 1261 Merritt Avenue, expressed his concerns regarding the storm water utility. Ordinance 02-437 Amend Hotel/Room Tax Wendy Hielsberg, Executive Director of Convention and Visitors Bureau, asked the Council to support the rate increase. Hugh Carver, 1261 Merritt Avenue, expressed his concerns regarding the room tax increase. Pat Henry, General Manager of the Pioneer Inn, stated he was in support of the increase for the hotel room tax. Ordinance 02-438 Approve Zone Change/Dove Street, N of & adjacent to 1216 Dove Street Bob Hergert, 1621 W. 7th Avenue, stated he was in opposition of the rezoning request. Mayor Hintz questioned if there were any future plans for the property. Council Member Esslinger questioned if the request for the zone change could be brought before the board of zoning appeals. 4 Mr. Kraft responded. Proceedings of the Common Council-November 26, 2002 Scott Skrzypchak, 1216 Dove Street, explained that his property was too small to be zoned M-2 and felt there was other options available. Council Member Harris questioned what the future plans would be if the property would be zoned residential. Council Member Mattox questioned if the land was for sale. Ordinance 02-439 Revise Chapter 25/Street & Sidewalks Hugh Carver, 1261 Merritt Avenue, asked for an explanation of the revision. Mr. Patek responded. Resolution 02-444 Approve 2003 Capital Improvements Program Steve Bender, 810 Hawk Street, expressed his concerns regarding unnecessary city spending. Nikki Hronis, 2260 Burnwood Drive, expressed her concerns regarding the improvements for the Burnwood Drive area and felt the cost was not necessary at this time. Gary Bittner, 2398 Burnwood Drive, stated he was in favor of the Burnwood Drive improvements. Mike Hayes, 2325 Knapp Street, expressed his concerns regarding the improvements of Burnwood Drive and gave a history of the area. He felt the project was costly and not necessary. Doris Domiter, 2316 High Oak Drive, stated she was in favor of the project. Clair Kentopp, 2453 Burnwood Drive, gave a brief history of the subdivision and felt it was the city's responsibility to decide the future of the improvements. Tom Suszek, 2366 Burnwood Drive, expressed his concerns regarding the area and felt it was not necessary to spend money on improvements. Resolution 02-445 Adopt 2003 City Budget Ken Bender, 806 Oak Street, stated his concerns regarding the budget. He also felt that there could be more cuts made. Hugh Carver, 1261 Merritt Avenue, stated various concerns with the budget. The Council took a five-minute break at 8:25 p.m. Proceedings of the Common Council-November 26, 2002 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 02-436 Create Storm Water Utility MOTION: ADOPT (Dell'Antonia; second, Esslinger) CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Council Member Harris explained that the storm water charge would have to be paid one way or another. Council Member Dell'Antonia stated that the cost would either have to be included with the property taxes or through the water utility. Council Member Mattox questioned if an advisory council would be set up to discuss the affects of the utility. Mayor Hintz responded. Ordinance 02-437 Amend Hotel/Room Tax MOTION: ADOPT (Dell'Antonia; second, Tower) CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 02-438 Approve Zone Change/Dove Street, N of & adjacent to 1216 Dove Street MOTION: ADOPT (Dell'Antonia; second, Esslinger) MOTION: LAY OVER UNTIL DECEMBER 10, 2002 (Harris; second, Mattox) CARRIED: Ayes (6) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Hintz; Noes (1) Castle Council Member Harris stated he would like more information from the property owner. Council Member Dell'Antonia questioned what would change in delaying the issue. 6 Council Member Esslinger stated he felt there was no need for a layover. Council Member Mattox felt there was no urgency and would support the layover. Proceedings of the Common Council-November 26, 2002 Ordinance 02-439 Revise Chapter 25/Street & Sidewalks MOTION: ADOPT (Dell'Antonia; second, Mattox) CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 02-440 Change Council Meeting Date/December 2003 FIRST READING; LAID OVER UNDER THE RULES Ordinance 02-441 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 02-442 Approve Zone Change/West side of N Main Street, north of Libbey Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 02-443 Approve Official Mapping/Geneva Street extended FIRST READING; LAID OVER UNDER THE RULES Resolution 02-444 Approve 2003 Capital Improvements Program MOTION: ADOPT (Dell'Antonia; second, Esslinger) MOTION: DELETE BURNWOOD DRIVE PROJECT (Mattox; second, Castle) LOST: Ayes (2) Mattox, Castle; Noes (5) Dell'Antonia, Tower, Esslinger, Harris, Hintz VOTE ON MOTION TO ADOPT: CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Council Member Esslinger presented a map that showed the properties in favor of the Burnwood area improvements and those against the project. Council Member Castle questioned the project, felt there was too much unknown and stated he would not support the project. Mr. Patek responded. Council Member Mattox felt the project should be completed when the area was completely developed. Proceedings of the Common Council-November 26, 2002 Resolution 02-445 Adopt 2003 City Budget MOTION: CARRIED: ADOPT (Dell'Antonia; second, Esslinger) Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Resolution 02-446 Approve 2002 Tax Levy MOTION: CARRIED: ADOPT (Dell'Antonia; second, Castle) Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Resolution 02-447 Adopt 2002 Tax Rates & Levy MOTION: CARRIED: ADOPT (Dell'Antonia; second, Castle) Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle Hintz Resolution 02-448 Approve Parking Agreement/Adopt 2003 Final Operating Plan - BID District MOTION: ADOPT (Dell'Antonia; second, Esslinger) MOTION: CARRIED: AMEND DOWNTOWN BUSINESS IMPROVEMENT DISTRICT 2003 OPERATING PLAN AND THE RELATED PARKING AGREEMENT BY INCREASING THE DOLLAR AMOUNT PAID TO THE CITYS PARKING UTILITY FOR FREE DOWNTOWN PARKING FROM IT'S PROPOSED $23,750 TO $47,500 AND FURTHER DIRECT THE BUSINESS IMPROVEMENT DISTRICT TO MAKE ADJUSTMENTS IN IT'S OTHER PROGARM CATERGORIES TO REFLECT THIS CHANGE (Castle; second, Dell'Antonia) Ayes (6) Dell'Antonia, Tower, Esslinger, Harris, Castle, Hintz; Noes (1) Mattox VOTE ON ORDINANCE AS AMENDED: CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle, Hintz Council Member Harris stated he supported the amendment but felt that the parking lot situations needed to be looked at in the future. Council Member Mattox expressed her concerns regarding the parking issues in the downtown area. Council Member Dell'Antonia stated he would like the Business Improvement District funding to go towards other projects. Proceedings of the Common Council-November 26, 2002 Council Member Esslinger felt it was inappropriate for taxpayers to help fund parking lots. Citizen Statements Hugh Carver, 1261 Merritt Avenue, expressed his concerns regarding projects in Menominee Park. Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding students smoking. Ken Bender, 806 Oak Street, expressed his concerns regarding various issues. COUNCIL MEMBER STATEMENTS Council Member Esslinger suggested that a report be submitted to the Council regarding the Oshkosh Commercial Development Corporation and CHAMCO so that Council could see their accomplishments. He also questioned why the terraces were handled differently on Jackson Street and Algoma Boulevard. Mr. Wollangk responded. Mayor Hintz responded. Council Member Dell'Antonia explained that Channel 10 would replay the Storm Water Utility workshop. He also encouraged citizens to enjoy the Celebration of Lights. Council Member Harris encouraged citizens attending the Celebration of Lights to bring along goods to donate to the needy in the community. Mayor Hintz thanked the Council and staff for their hard working during the budget process. Whatever Else is Pertinent or For the Good of The City Mr. Wollangk thanked the Council for their hard efforts during the budget process. He also stated the new hours for the drop off at the city garage. There was no other business before the Council. MOTION: ADJOURN (Esslinger; second, Dell'Antonia) CARRIED: VOICE VOTE The meeting adjourned at 9:52 p.m. PAMELA R. UBRIG CITY CLERK 10