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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday April 1 0, 2007 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Castle presided. PRESENT: Council Members Paul Esslinger, Burk Tower, Shirley Mattox, Dennis McHugh, Bryan Bain and William Castle EXCUSED: Council Member Meredith Scheuermann ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member Esslinger read the Invocation. The Pledge of Allegiance was led by Krysten Van Pay and Brandon Hoppe from Grace Lutheran School and Kurt Kroll and Alex Shew from St. Elizabeth Ann Seton Elementary School. Proclamations were presented by Mayor Castle declaring the week of April 15-21 ,2007 "National Library Week" and declaring April "Fair Housing Month" in the City of Oshkosh. Public Hearing The Mayor ordered the following Public Hearing: Approve Final Resolution - Street Improvements, Utilities, Sidewalk & Driveway Approach - Various Streets Gary and Julie Ader, 924 Brookwood Court, expressed concerns with sidewalk assessments on Hawk Street. Mr. Ader questioned the required distance of a sidewalk to the waterway. Mrs. Ader questioned why a sidewalk existed on Bauman Street and questioned if the storm sewer lateral could be deferred. Mr. Patek responded. Marty Duchatschek, 2816 Fond Du Lac Road, also representing Karl and Pat Schulz of 2782 Fond Du Lac Road, expressed concerns with the paving of Gibson Court. Ken Stertz, 8793 Banner Hill Road Omro, representative for Karl and Pat Schulz, expressed concerns with the paving of Gibson Court and questioned a previous deferred payment agreement. 1 Proceedings of the Common Counci/- Apri/10, 2007 Alice Wheatley, 1037 Dove Street, expressed concerns with water drainage and the sidewalk on Arthur Avenue. Dave Ehlke, 1036 N. Lark Street, expressed concerns with the sidewalk on Arthur Avenue. He explained that the River Mill Subdivision did not have sidewalks. He questioned procedures for approval of the resolution. Allan Siiman, 1019 E. Irving Avenue, questioned who was responsible for street improvements and the payment process. Mayor Castle explained. Vicki Marxen, 3150D White Tail Lane, expressed a desire for the project to be completed as quickly as possible. Mike Venter, 356 W. 1 th Avenue, questioned the parcel designation/legal description of his property. Mr. Patek responded. There were no further appearances and the Public Hearing was CLOSED. Consent Agenda The minutes of the March 27,2007 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $5,271 ,831.93. The Report of the City Clerk was read. Resolution 07-105 Authorize Police Department Grants a) Comprehensive Alcohol Risk ReDuction (C.A.R.D.) b) Bicycle Safety Enforcement c) Pedestrian Safety Enforcement d) Click It or Ticket Enforcement Resolution 07-106 Approve Lifeguard Agreement Between the City of Oshkosh & the Oshkosh Area School District Resolution 07-107 Approve Change Order No. 1/ Public Works Contract No. 06-02 (Strand & Associates Inc., Madison, Increase, $18,859.70) 2 Proceedings of the Common Counci/- Apri/10, 2007 Resolution 07-108 Approve Agreement for Right-of-Way Acquisition / Washburn Street Relocation Project Council Member McHugh questioned the discrepancies of compensation for the acquired property between the landowner and the City. He explained that it would have been advantageous for the City to pursue the matter in Court rather than settle through mediation. He explained he would not support the resolution. Mayor Castle explained that the mediation process resulted in both sides making concessions. Council Member Mattox questioned if there would be reimbursement from the Department of Transportation or any kind of payback. Mr. Wollangk and Mr. Patek responded. Council Member Esslinger questioned the sale of comparable land. He explained he was not opposed to the purchase of the property but he would not support the resolution due to the City not negotiating the best deal. Mr. Patek and Ms. Lorenson responded. Council Member Tower requested an explanation for the acquisition of the land. Mayor Castle explained that the acquisition of the property would improve the safety of the roadway and encourage development, which would result in an increased tax base for the City. Council Member Bain questioned if there was a request to have a closed meeting. Mr. Wollangk responded. Resolution 07-109 Approve Miscellaneous Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING 07-108 (Esslinger; second, Bain) Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle CARRIED: MOTION: CARRIED: ADOPT 07-108 (Esslinger; second, McHugh) Ayes (4) Tower, Mattox, Bain, Castle; Noes (2) Esslinger, McHugh, 3 Proceedings of the Common Counci/- Apri/10, 2007 Action Taken on Ordinances and Resolutions Ordinance 07-110 Approve Traffic Regulations MOTION: ADOPT (Esslinger; second, McHugh) MOTION: DIVIDE ORDINANCE 07-110 INTO: ORDINANCE 07-11 OA - SECTIONS 1, 3, 5, 6, & 7; AND ORDINANCE 07-110B - SECTIONS 2,4,7 (Tower; second, Bain) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle MOTION: ADOPT ORDINANCE 07-11 OA - SECTIONS 1, 3, 5, 6, & 7 (Esslinger; second, Bain) CARRIED: Ayes (4) Esslinger, Mattox, McHugh, Castle; Present (2) Tower, Bain MOTION: ADOPT ORDINANCE 07-110B - SECTIONS 2,4,7 (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle Bernie Pitz, 617 W. Irving Avenue, explained background information on the parking situation in the University area and questioned the authority given to University Officials to enforce parking regulations. He expressed concerns that streets may eventually be closed off in the Campus area and he stated his opposition to the ordinance. Joe Bloom, 800 Algoma Boulevard, explained that the University wanted to be able to regulate the parking issue because the meters were intended for short-term parking. He explained that University Staff would be able to enforce the parking regulations more frequently than the Police Department. He explained that the revenue from the citations issued by the University would benefit the University and the City would continue to receive the revenue from the meters and those citations would be issued by the Police Department. Mayor Castle questioned who would benefit from the revenue generated by the parking violations. Council Member Mattox questioned which area of the University included residential area. Mr. Wollangk responded. 4 Proceedings of the Common Counci/- Apri/10, 2007 Ordinance 07-111 Amend Room Tax / Set Allocation Amounts MOTION: CARRIED: ADOPT (Esslinger; second, Castle) Ayes (4) Esslinger, Mattox, McHugh, Castle; Present (2) Tower, Bain MOTION: AMEND TO ADD "UPON FINAL REPAYMENT OF THE CONVENTION CENTER DEBT AS OF THE DATE OF PASSAGE OF THIS ORDINANCE PROVISIONS RELATED TO THE ADDITIONAL 2% INCREASE ARE REPEALED AND THE ROOM TAX IS RE- ESTABLISHED AT 8%" (Bain; Esslinger) Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle CARRIED: VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (4) Esslinger, Mattox, McHugh, Castle; Present (2) Tower, Bain Ken Bender, 806 Oak Street, expressed concerns with the amended room tax affecting the promotion of tourism and with the sunset provision. Council Member McHugh questioned where the additional funds would be deposited. He questioned who was responsible for prioritizing the spending, the termination date and the matching fund requirement. He also questioned the ranking of the tax in the state and the time frame regarding current commitments. Council Member Esslinger asked for clarification on the distribution of the monies. Jon Dell'Antonia, 1768 River Mill Road, representative of the Oshkosh Convention & Visitor Bureau, answered questions of the Council. Council Member Tower explained he would vote present due to his employer's involvement. Council Member Bain questioned the text of the ordinance not including a sunset clause. He explained he would vote present due to his employer's involvement. Mr. Wollangk responded. Ordinance 07-112 Amend Fees for Weights & Measures / Late fees & License Fees MOTION: ADOPT (Esslinger; second, Bain) 5 CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle Ordinance 07-113 Amend Public Nuisance Regulations MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (4) Tower, Mattox, Bain, Castle; Noes (2) Esslinger, McHugh Proceedings of the Common Counci/- Apri/10, 2007 Bernie Pitz, 617 W. Irving Avenue, expressed concerns with the ordinance not including dormitories or non-taxable properties. Kevin Burch, property owner of 805 Bowen Street, asked for clarification of the ordinance and questioned the discretion of the Police Department. Ed Wilcox, 535 Monroe Street, thanked Staff and Council for working with the Apartment Association. Council Member Bain thanked the Police Department for working with the Apartment Association. He asked various questions related to self-reporting issues, address issues and domestic situations. He requested a future report to update the Council and the community. He explained the University's procedures and discipline process for incidents involving students of the University. He stated the ordinance created an opportunity that allowed the City and the Police Department to work with the property owners. He stated his support for the ordinance. Council Member Mattox questioned if the police department had jurisdiction in the University area. She questioned the University's policy in dealing with disruptive students. She questioned who determined the charges and fines under the ordinance. She also questioned the Police Department's involvement with the eviction process. Council Member McHugh asked for clarification regarding disturbances. He questioned what constituted a verbal warning. He expressed concerns related to the eviction policy for landlords and exemptions allowed for taverns. He stated he would not support the ordinance. Council Member Tower explained that the Police have worked with the local bars and taverns and have exercised a good sense of discretion in the past. He explained that an intent of the Ordinance was to improve neighborhoods and he stated his support. Police Chief Erickson and Mr. Wollangk responded. Council Member Esslinger explained he was in favor of increasing fines for individuals who were causing problems, however it was not appropriate to hold landlords responsible for their tenant's actions. He explained that landlords should not be put in dangerous situations, whereas the Police were trained and equipped to deal with altercations. He stated he would not support the ordinance. Ordinance 07-114 Approve Change of No Wake Time Zone / Rainbow Park 6 MOTION: ADOPT (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle Proceedings of the Common Counci/- Apri/10, 2007 Ordinance 07-115 Approve Final Resolution - Street Improvements, Utilities, Sidewalk & Driveway Approach-Various Streets MOTION: ADOPT (Esslinger; second, McHugh) MOTION: AMEND ARTHUR AVENUE - MOVE SIDEWALK 5 FEET TO THE NORTH (McHugh; second, Esslinger) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle MOTION: AMEND HAWK STREET - REMOVE SIDEWALK ON WEST SIDE BETWEEN COOLIDGE AVENUE AND VAN BUREN AVENUE (Esslinger; second, Bain) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle MOTION: AMEND GIBSON COURT - WAIVE THE SPECIAL ASSESSMENT OF CONCRETE PAVING FOR 2816 FOND DU LAC ROAD (DUCHATSCHEK) AND 2782 FOND DU LAC ROAD (SCHULTZ) TO THE DEPTH OF 169.76 FEET AND DEFER THE SPECIAL ASSESSMENT OF CONCRETE PAVING FOR THE REMAINING PORTION OF 2782 FOND DU LAC ROAD (SCHULTZ) (Bain; second, Tower) WITHDRAWN MOTION: AMEND GIBSON COURT - WAIVE THE SPECIAL ASSESSMENT OF CONCRETE PAVING FOR 2816 FOND DU LAC ROAD (DUCHATSCHEK) AND 2782 FOND DU LAC ROAD (SCHULTZ) TO THE DEPTH OF 169.76 FEET IN THE AMOUNT OF $6,017.28 (BOTH PROPERTIES); AND, DEFER THE SPECIAL ASSESSMENT OF CONCRETE PAVING INCLUDING THE LATERALS (SEWER/WATER AND STORM SEWER) (PAVING $24,848.06; SEWER/WATER LATERAL $7,000.00; STORM SEWER $900.00) WITHOUT INTEREST FOR THE REMAINING PORTION OF 2782 FOND DU LAC ROAD (SCHULTZ) UNTIL THAT PORTION OF PROPERTY IS DEVELOPED (Bain; second, Esslinger) CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle 7 VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle Council Member McHugh questioned alternatives to alleviate some of the problems that were mentioned by citizens with various concerns. He questioned the standards and the use of blacktop and concrete in the general area. Council Member Mattox explained that the neighborhoods of Arthur Avenue, Van Buren Avenue, Hawk Street and Lark Street all had topography or environmental issues. She asked various questions related to sidewalks and storm water management. She asked for clarification on the Gibson Court issue. Proceedings of the Common Council- April 10, 2007 Council Member Bain asked various questions related to Arthur Avenue. He questioned the future intent for sidewalks on Brookwood Court and the north side of Coolidge Avenue. He questioned if there was public access to the creek area on Hawk Street. He explained a previous agreement between the City and the abutting property owners to Gibson Court. He questioned options of deferment and/or waiving special assessments. Council Member Tower asked questions related to drainage issues in the Dove and Lark Street area. He questioned when the road for Gibson Court would be paved and the former agreement waiving special assessment fees for abutting neighbors. Council Member Esslinger explained that he did not see a need for sidewalks on the west side of Hawk Street. He questioned why there would not be sidewalks north of Van Buren Avenue on Hawk Street. He asked for clarification regarding Gibson Court and an interpretation of a former Developer's Agreement. He questioned if the earlier reference to River Mill Road was addressed. Mayor Castle stated support for a deferment plan for the property owners associated with Gibson Court. Mr. Wollangk, Mr. Patek and Ms. Lorenson responded. Citizen Statements Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community. Robert Cornell, 548 W. Smith Avenue, thanked Mayor Castle and Council Member Mattox for their years of devotion to the City. He requested that the re-organizational meeting consider a change in procedure in regard to allowing citizens to speak after amendments had been considered. Council Member Statements Council Member Mattox announced that on April 13th the United Way would conduct their "1ih Annual Day of Caring". She stated that being a Council Member was a wonderful opportunity for her. She thanked Mr. Wollangk and staff for providing assistance and information and she 8 thanked the citizens for allowing her to serve them. Council Member Esslinger congratulated Council Member Bain, and newly elected Council Members Jessica King, Tony Palmeri, and in coming Mayor Frank Tower. He stated his appreciation for the service of Council Member Mattox and Mayor Castle. Council Member McHugh questioned what was being done in regard to the limitations of sexual offenders. Mr. Wollangk responded. Mayor Castle thanked the voters for their confidence In him through the years and his appreciation for the assistance of staff. Proceedings of the Common Council- April 10, 2007 Whatever Else is Pertinent or for the Good of the City Mr. Wollangk announced a workshop with CHAMCO and OAEDC was scheduled to take place after the Council Meeting of April 24th. He announced that the Oshkosh Transit System and the Oshkosh Library would offer free bus rides for community youth to access the library during the summer. He offered his appreciation to Mayor Castle and Council Member Mattox for their years of service and for their support. MOTION: CARRIED: RECESS UNTIL NOON ON APRIL 17, 2007 (Tower; second, Esslinger) Ayes (6) Esslinger, Tower, Mattox, McHugh, Bain, Castle The meeting recessed at 9:40 p.m. PAMELA R. UBRIG CITY CLERK 9