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
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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.
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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.
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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
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