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HomeMy WebLinkAboutMinutesO./HKO./H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday, April 13, 2004, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Hintz presided. PRESENT: Council Members Frank Tower, Brian Poeschl, Paul Esslinger, Mark Harris, Shirley Mattox, William Castle, 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 Tower read the Invocation. The Pledge of Allegiance was led by Council Member Tower. A proclamation was presented by Mayor Hintz declaring April 17, 2004 as "American Association of University Women Oshkosh Branch Day" in the City of Oshkosh. Public Hearing The Mayor ordered the following Public Hearing: Final Resolution / Concrete Paving, Utilities & Sidewalk / Various Streets Bernard Pitz, 617 W. Irving Avenue, expressed various concerns regarding the cost of his assessment and also the notification to property owners. John Reinders, 448 Church Avenue, questioned the need for sidewalk replacement on Church Avenue. Jim Keskinen, 1023 Arthur Avenue, stated tax dollars should cover street ~mprovements costs. Erin Topley, 1119 E. Parkway Avenue, expressed her concerns that the street improvements were scheduled prior to the renovation of the Mercy Medical Building. stated the truck traffic would damage the new street. She Susan Babler, 839 Osborn Avenue, expressed her concerns regarding trees being removed from the terrace making way for the new street. She also stated her concerns regarding the interest rate for the assessment. Proceedings of the Common Council-April 13, 2004 There were no other appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the March 23, 2004 meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $10,925,836.44. The Report of the City Clerk was read. Resolution 04-88 Award Bid for Ambulance / Fire Department (Medtec Ambulance Corp., Goshen IN, $124,990.00) Resolution 04-89 Award Bid for Public Works Contract No. 04-05 / Painting Washburn Street Water Tower (Maxcor, Lockport IL, 174,400.00) Resolution 04-90 Dedicate Street Right of Ways: A) Western Drive Extended B) Bristol Drive C) Square Lake Drive D) Nielsen Drive Extended Resolution 04-91 Approve Extraterritorial Plats: A) The Barony B) Sandhill Farms Resolution 04-92 Accept Easement / S. Koeller Street, Landmark Plaza Resolution 04-93 Grant Easement to SBC / N. Sawyer Street Resolution 04-94 Authorize Participation in Wisconsin Home Rental Rehab Program Resolution 04-95 Approve Agreement with Wisconsin Department of Transportation /Main Street Resolution 04-96 Approve Application for WI-Urban Nonpoint Source & Storm Water Planning Grant Resolution 04-97 Final Resolution / Concrete Paving, Utilities & Sidewalk / Various Streets Council Member Harris questioned the time period that Church Street was paved. 2 Proceedings of the Common Council-April 13, 2004 Mr. Patek responded. Council Member Mattox expressed her concerns with the planning of Church Avenue and the various rates over the years. Resolution 04-98 Approve Agreement / Oshkosh Convention & Visitors Bureau Melanie Bloechl, 2388 Abbey Avenue, stated the Oshkosh Convention & Visitors Bureau needed to adhere to the open meeting laws. Dan Rylance, 602 E. Parkway Avenue, expressed his concerns regarding open meetings and stated the resolution was too broad. Resolution 04-99 Approve Labor Contract / Oshkosh Firefighters Council Member Esslinger questioned what the total dollar amount was for increases. Mr. Wollangk responded. Resolution 04-100 Authorize Grant Application / Training & Equipment / Building Collapse Grant Resolution 04-101 Approve Grant Application / Trail Development Work / Rusch (Sawyer Creek) Park Resolution 04-102 Increase Petty Cash Fund / Parks Department / Concessions Resolution 04-103 Rescind Property Taxes Resolution 04-104 Approve Salary / City Manager Council Member Esslinger stated the City Manager was doing a good job, the increase was higher than he liked but stated he would support the resolution. Resolution 04-105 Resolution 04-106 Resolution 04-107 Resolution 04-108 Resolution 04-109 Resolution 04-110 Disallowance of Claim / Husbeck Disallowance of Claim / Doemel Disallowance of Claim / Helstrom Disallowance of Claim / Lautenschlager Disallowance of Claim / Kennedy Disallowance of Claim / Jungwirth 3 Proceedings of the Common Council-April 13, 2004 Resolution 04-111 Disallowance of Claim / Howard Johnson Hotel Resolution 04-112 Approve Appointments / Various Boards Resolution 04-113 Approve Miscellaneous City Licenses *The City Manager's Report / Part A and Resolution 04-98 were removed for separate consideration, MOTION: ADOPT CONSENT AGENDA EXCLUDING THE CITY MANAGERS REPORT / PART A & RESOLUTION 04-98 (Castle; second, Tower) CARRIED: Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz City Manager's Report/Part A (Waterfest Request) MOTION: ADOPT (Poeschl; second, Tower) CARRIED: Ayes (6)Tower, Poeschl, Harris, Mattox, Castle, Hintz; Present (1) Esslinger Resolution 04-98 Approve Agreement / Oshkosh Convention & Visitors Bureau MOTION: ADOPT (Tower; second, Esslinger) MOTION: AMEND POLICY ON OPEN MEETINGS - DELETE #2 AND RE-NUMBER #3 TO #2 - ISSUES RELATING TO COMPLAINTS BY SPECIFIC PRIVATE GROUPS AGAINST PRIVATE BUSINESSES (Harris; second, Tower) CARRIED: Ayes (6)Tower, Esslinger, Harris, Mattox, Castle, Hintz; Noes (1) VOTE ON RESOLUTION CARRIED: Ayes (5) Noes (2) Council Member Poeschl stated Poeschl AS AMENDED: Tower, Harris, Mattox, Castle, Hintz; Poeschl, Esslinger he would like to see the meetings be in open format. Council Member Mattox asked for different examples of the meeting topics. Eileen Connely-Keesler, representing the Oshkosh Convention & Visitors Bureau, stated that she would work with the Council but also questioned how certain situations should be handled. Council Member Esslinger questioned how problems are being handled at this time. 4 Proceedings of the Common Council-April 13, 2004 Council Member Harris suggested an amendment to the wording of the resolution. Action Taken on Ordinances and Resolutions Ordinance 04-114 Approve Traffic Regulations MOTION: ADOPT (Esslinger; second, Tower) CARRIED: Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 04-115 Amend Boat Launch User Fees / Fishing Tournaments / Menominee Park MOTION: ADOPT (Tower; second, Esslinger) CARRIED: Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 04-116 Approve Homestead Drive III Annexation MOTION: ADOPT (Esslinger; second, Tower) CARRIED: Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 04-117 Approve Snell Road Annexation MOTION: ADOPT (Esslinger; second, Tower) CARRIED: Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz Ordinance 04-118 Fee Increase / Weights & Measures FIRST READING; LAID OVER UNDER THE RULES Ordinance 04-119 Amend Boat Launch User Fee Penalty FIRST READING; LAID OVER UNDER THE RULES Ordinance 04-120 Amend Residency Requirement / Oshkosh Committee on Aging Subunits FIRST READING; LAID OVER UNDER THE RULES Citizen Statements Melanie Bloechl, 2388 Abbey Avenue, conveyed her displeasure regarding the C.A.N. Board in regards to the open meeting laws and their recent actions. Mayor Hintz responded. 5 Proceedings of the Common Council-April 13, 2004 Ken Bender, 806 Oak Street, expressed his disappointment regarding the recent election turn out. He also stated Algoma Boulevard was in need of replacement. Phil Levine, 2950 Rebecca Run, thanked the City staff for their work regarding the smoking referendum. He asked various questions in regard to the procedure for the new smoking policy. Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding road rage and mishaps in the community. Jim Keskinen, 1033 Arthur Avenue, stated his apprehension with city vehicles speeding. Susan Babler, 839 Osborn Avenue, stated the city needed to work as a team to have a good community. Larry Spanbauer, 842 Eckardt Court, thanked Mayor Hintz for his hard work. He stated there would be the 2® Annual Antique Appraisal Show at the Senior Center Annex on April 24th. Council Member Statements Council Member Tower asked for further explanation of the smoking ordinance. Mr. Wollangk responded. Council Member Harris explained with the smoking issue, there had been a compromise that was proposed but neither side agreed to it. He stated the C.A.N. Board did not follow the rules by making the donation to Breathe Free but that the money had been returned. Council Member Esslinger stated his thoughts on the election results on the new smoking ordinance. He congratulated Council Member Burk Tower and Frank Tower on their success at the polls. He thanked Joe Jungwirth for running a good campaign. He thanked voters for re-electing him and encouraged voters to contact him of they needed assistance. He thanked Mayor Hintz for his time, experience and service on the Common Council. Council Member Poeschl congratulated the winners of the election and thanked Mayor Hintz for his time. He stated his reason for originally supporting the smoking ordinance and then explained his reasons for opposition. Council Member Mattox stated the historic lecture series were continuing after the Sesquicentennial Celebration. She discussed various events in the community. She thanked Mayor Hintz for his years of service. Mayor Hintz thanked Mr. Wollangk and his staff for being professional and committed. He 6 Proceedings of the Common Council-April 13, 2004 stated it had been a pleasure working with Council and citizens of Oshkosh to accomplish many good things. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk stated the Oshkosh Tavern League was having a meeting and invited the Council to attend, but reminded the Council of the open meeting law. He reminded citizens that the Main Street Bridge would be closed until Thursday. He also thanked Mayor Hintz for his service to the City of Oshkosh. MOTION: CARRIED: CONVENE INTO CLOSED SESSION IN THE CITY MANAGER'S OFFICE TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE FOR DELIBERATING AND NEGOTIATING A LAND SALE ON OAKWOOD ROAD AND IN THE CITY OF OSHKOSH BUSINESS PARK PURSUANT TO SECTION 19.85(1)(e) OF THE WISCONSIN STATE STATUTES. (Harris; second, Esslinger) Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz There was no other business before the Council. MOTION: CARRIED: RECESS UNTIL NOON ON APRIL 20, 2004 (Castle; second, Esslinger) Ayes (7)Tower, Poeschl, Esslinger, Harris, Mattox, Castle, Hintz The meeting recessed at 8:25 p.m. PAMELA R. UBRIG CITY CLERK 7