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P C C
ROCEEDINGS OF THE OMMON OUNCIL
C O , W
ITY OF SHKOSH ISCONSIN
REGULAR MEETING held Tuesday, July 8, 2003 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Hintz presided.
PRESENT: Council Members William Castle, Frank Tower, Brian Poeschl, Paul
Esslinger, Mark Harris, Shirley Mattox 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 Castle read the Invocation.
The Pledge of Allegiance was led by Council Member Castle.
P H
UBLIC EARING
The Mayor ordered the following Public Hearing:
Final Resolution/Paving & Utilities/Franklin Street & Bay Street
There were no appearances and the Public Hearing was CLOSED.
Consent Age nda
The minutes of the June 24, 2003 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $10,386,662.64.
The Report of the City Clerk was read.
Resolution 03 - 201 Grant Conditional Use P ermits/Approve Final Planned
Development
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A) 101 W. 10 Avenue
B) 910 W. Murdock Avenue
C) 2249 Omro Road
D) 3870 Jackson Street
Resolution 03 - 202 Approve Change Order No. 4/Public Works Contract No. 02 - 10
(James Cape & Sons, Racine, Net Increase of, $9,746.24)
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Proceedings of the Common Council – July 8, 2003
Council Member Esslinger questioned the need for another change order for the
contract.
Mr. Wollangk responded.
Resolution 03 - 203 Approve Agreement/Wisconsin Department of
Transportation/Ohio Street Engin eering
Council Member Mattox questioned where the funding would be come from, the project
was not included in the Capital Improvement Program.
Mr. Patek and Mr. Wollangk responded.
Resolution 03 - 204 Approve Revised Agreements/Wisconsin Department of
Tr ansportation/Wisconsin Street Bridge
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Resolution 03 - 205 Initial Resolution/Watermain & Water Service/19 Avenue
Resolution 03 - 206 Final Resolution/Paving & Utilities/Franklin Street & Bay Street
Resolution 03 - 207 Rescind Property Taxes (Adashun/Jones)
Resolution 03 - 208 Disallowance of Claim/Moss
Resolution 03 - 209 Disallowance of Claim/Joanis
Resolution 03 - 210 Disallowance of Claim/Reinke
Resolution 03 - 211 Approve Miscellaneous City Licenses
MOTION: ADOPT CONSENT AGENDA (Esslinger; second, Tower)
C ARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Public Agenda Discussion
Resolution 03 - 215 Establish Stormwater Utility Policy & Rates
Ken Bender, 806 Oak Street, expressed various concerns regarding the utility.
Tony Pal mari, 212 W. Parkway Avenue, stated his concerns that some Council Members
had a conflict of interest regarding this matter.
Robert Cornell, 548 W. Smith Street, stated his support for a 3 - tier user class. He
disagreed with the amendment to the credit po licy that was approve at the last Council
Meeting.
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Proceedings of the Common Council – July 8, 2003
Hugh Carver, 1261 Merritt Street, felt the policy and rates needed to be further reviewed
since it was not federally mandated. He urged Council not to su pport the resolution.
Jim James, representing Oshkosh Marine Supply, 3515 N. Main Street, expressed his
concerns regarding the affect the utility would have on business owners. He urged
Council to look at the issue further.
Action Taken on Ordinances an d Resolutions
Ordinance 03 - 212 Approve Parking Regulations
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Ordinance 03 - 213 Approve Zone Changes:
A) 3870 Jackson Street
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B) Portio n of 1760 W. 7 Avenue
MOTION: ADOPT (Esslinger; second, Poeschl)
CARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Ordinance 03 - 214 Approve Felker Annexation
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Council Member Castle questioned if this was the first annexation since the boundary
agreement.
Mr. Wollangk responded.
Resolution 03 - 215 Establish Stormwater Utility Policy & Rates
MOTION: ADOPT (Esslinger; second, Castle)
MOTION: AMEND CREDIT POLICY: CATEGORY A – 40%
CATEGORY B – 60% (Mattox; second, Esslinger)
CARRIED: Ayes (5) Tower, Esslinger, Harris, Mattox, Hintz;
Noes (2) Castle, Poeschl
MOTION: AMEND TO E STABLISH THREE CATEGORIES OF
RESIDENTIAL PROPERTY AND TO CLARIFY THE
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TIMING OF BILLING (Hintz; second, Esslinger)
CARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Proceedings of the Common Council – July 8, 2003
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (7) Castle, Tower, Poeschl, Esslinger, Harris, Mattox,
Hintz
Council Member Mattox explained the credit policy amendment at the last Council
Meeting and offered an amendment to put the credit policy back to t he original amount.
Council Member Esslinger explained that after speaking to the consultants from Earth
Tech the credit should be put back to 60%. He stated his support for the proposed
amendment but questioned if the Board would make final decisions or if Council would.
Council Member Castle felt it was time to proceed with the resolution and stated his
opposition to the credit policy amendment.
Mayor Hintz explained the proposed amendments for the categories and billing period
would be temporary. He felt the Council would have the opportunity to review the
categories at a future Council Meeting. He also stated he would be bring forward an
ordinance to establish a Storm Water Utility Appeals Board and explained that the board
would make the final dec isions.
Council Member Mattox questioned if the bills would be included with the water bills.
Resolution 03 - 216 Approve Special Class “B” Licenses/Oshkosh Chamber of
Commerce
MOTION: ADOPT (Castle; second, Poeschl)
CARRIED: Ayes (6) Castle, Tower, Poeschl, Harris, Mattox, Hintz;
Present (1) Esslinger
Resolution 03 - 217 Approve Special Class “B” Licenses/Oshkosh Jaycees
MOTION: ADOPT (Esslinger; second, Poeschl)
CARRIED: Ayes (6) Castle, Poeschl, Esslinger, Harris, Mattox, Hintz;
Present (1) Tower
Citizen Statements
Ken Bender, 806 Oak Street, expressed his concerns with individuals selling at the
farmers market.
Steve Bender, 810 Hawk Street, expressed his concerns with boaters not following
regulations.
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Tom Goddard, 150 W. 23 Avenue, representing Noon Kiwanis stated his concerns
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regarding the Parks Department five year plan. He questioned what would be needed to
repair the Noon Kiwanis shelter. He also expressed his concerns regarding unsafe city
boat launches.
Proceed ings of the Common Council – July 8, 2003
Gordon Doule, 1225 Summit Avenue, expressed various concerns to the Council.
Hugh Carver, 1261 Merritt Avenue, stated his concerns regarding the lights left on in the
tennis courts at the park during the fireworks display.
Robert Cornell, 548 Smith Avenue, requested that the Fourth of July parade in 2004 be
later in the day since it falls on a Sunday.
Nikki Hronis, 2260 Burnwood Drive, questioned when the bills would be sent out for the
second phase of constructi on for the Burnwood area.
Mr. Patek responded.
Mike Hayes, 2325 Knapp Street, expressed his concerns regarding the Burnwood area
and felt the funds could be used on other projects until all properties in the area were
annexed in the city.
John Buckstaf f, 1127 S. Main Street, stated his concerns regarding the relationship
between local businesses and government.
Council Member Statements
Council Member Esslinger thanked Festival Foods for the excellent fireworks display
along with Doc Sonnleitner and his volunteers for their hard work with organizing the
parade.
Council Member Harris expressed his gratitude for the wonderful fireworks but
questioned if the display could start earlier next year.
Council Member Mattox thanked Adashun Jones for the flag s they placed in the
community celebrating the holiday.
Whatever Else is Pertinent or For the Good of The City
Mr. Wollangk explained the reason for the delay in the fireworks display. He stated that
the city does not provide the fireworks that they are donated.
There was no other business before the Council.
MOTION: ADJOURN (Castle; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 7:47 p.m.
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PAMELA R. UBRIG
CITY CLERK
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