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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Tuesday, May 14, 2002 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Hintz presided.
PRESENT: Council Members Shirley Mattox, William Castle, Frank Tower, Paul
Esslinger, and Stephen Hintz
EXCUSED: Council Members Jon Dell'Antonia and Mark Harris
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 Sarah Wojahn and Shane Vergeront from Washington
Elementary School; and, Nima Melky and Lane Hauer from Read Elementary School.
On behalf of the Landmark Commission, Mayor Hintz presented the Acanthus Awards.
PUBLIC HEARINGS
The Mayor ordered the following Public Hearings:
Final Resolution/Concrete Paving, Utilities, Sidewalk 8, Driveway Approach/Various
Streets
There were no apperances and the Public Hearing was CLOSED.
Approve Issuance of Industrial Revenue Bonds Serv-Ice/Ice-man Project
Doug Pearson, Executive Director of Chamco, thanked the Council and explained the
project, he also urged the Council to support the resolution.
There were no other appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the April 23, 2002 meeting were presented as written.
PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- MAY 14, 2002
The Report of the City Manager was read.
The bills were presented in the amount of $ 5,452,659.80.
The Report of the City Clerk was read.
Resolution 02-145
Resolution 02-146
Resolution 02-147
Resolution 02-148
Resolution 02-149
Resolution 02-150
Resolution 02-151
Resolution 02-152
Resolution 02-153
Authorize City Manager to Sign Annexation Papers/Southwest
Industrial Park Expansion
Grant Privilege in Street/W. 23rd Avenue
Accept & Approve Amended Waiver/Special Assessment Notices &
Hearing/Havenwood Drive Improvement
Initial Resolution/Concrete Paving, Sidewalks & Utilities/1 st Addition to
Pheasant Creek Farm Subdivision
Accept & Approve Waiver/Special Assessment Notices & Hearing/1 st
Addition to Pheasant Creek Farm Improvements
Approve Developer Agreement/1 st Addition to Pheasant Creek Farm
Final Resolution/Concrete Paving, Utilities & Sidewalk/1 st Addition to
Pheasant Creek Farm
Approve Final Plat/1 st Addition to Pheasant Creek Farm
Grant Conditional Use Permits/Final Planned Developments
A) 742 Witzel Avenue
B) 901 Jackson Street
C) 1735 Bowen Street
D) North Side/Patriot Lane
Jack Mark, 100 N. Westhaven Drive, representing Midwest Company, explained the
project for the North Side/Patriot Lane and urged the Council to support the request.
Resolution 02-154
Resolution 02-155
Resolution 02-156
Approve Concessions Agreement/Boys & Girls Club/Reetz Complex
Approve Assignment/TIF Obligations/404 N. Main Street
Initial Resolution/Water Lateral/1621 Hickory Street
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Resolution 02-157 Final Resolution/Concrete Paving, Utilities, Sidewalk & Driveway
Approach
PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- ~I~A¥ 14, 2002
Resolution 02-158 Approve Issuance of Industrial Revenue Bonds Serv-lce/Iceman
Project
Resolution 02-159 Initial Resolution/Approve Issuance of Industrial Revenue
Bonds/Goodwill Industries
Steve White, 1517 Clara Street, Appleton, representing Goodwill Industries, explained the
request and asked the Council to support the resolution.
Resolution 02-160 Initial Resolution/Industrial Development Revenue Bonds/Sadoff &
Rudoy
Resolution 02-161 Waive Public Bidding Requirements/Industrial Development
Revenue Bonds/Sadoff & Rudoy
Resolution 02-162 Award Bid/Public Works Contract No. 02-01 (Lunda Construction,
Black River Falls, $7,304,067.00)
Resolution 02-163 Award Bid/Public Works Contract No. 02-03B (Dorner-Stahl, Inc.,
Luxemburg, $316,260.75)
Resolution 02-164 Approve Amendment/Personnel Policy
Resolution 02-165 Authorize Petty Cash Fund/Menominee Park Concessions
Resolution 02-166 Disallowance of Claim/Helm
Resolution 02-167 Disallowance of Claim/Hirte
Resolution 02-168 Approve AppointmentsNarious Boards
Resolution 02-169 Approve Miscellaneous City Licenses
John Beck, 2269 Allenton Drive, representing St. Vincent Church Picnic, was present to
answer questions of the Council.
*Resolutions 02-150, 02-153B, 02-155 and 02-164 were removed for separate
consideration.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 2-150,
02-153B, 02-155 and 02-164 (Esslinger; second, Tower)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- MAY 14, 2002
Resolution 02-150 Approve Developer Agreement/lSt Addition to Pheasant Creek Farm
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Council Member Esslinger questioned the renaming of Fairfax Road.
Mr. Wollangk responded.
Resolution 02-153B Grant Conditional Use Permits/Final Planned Developments B) 901 Jackson Street
MOTION: ADOPT (Esslinger; second, Castle)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Council Member Mattox questioned if the building was appropriate for the use and
expressed her concerns regarding the entrance not facing Jackson Street.
Mr. Kraft responded.
Council Member Esslinger questioned the setback on Jackson Street.
Resolution 02-155 Approve Assignment/TIF Obligations/404 N. Main Street
MOTION: ADOPT (Castle; second, Esslinger)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Council Member Mattox questioned if the building was in a TIF district.
Mr. Wollangk responded.
Resolution 02-164 Approve Amendment/Personnel Policy
MOTION: ADOPT (Esslinger; second, Tower)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Council Member Mattox asked various questions regarding the policy.
Mr. Kraft responded.
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PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- MAY 14, 2002
PUBLIC AGENDA DISCUSSION
Resolution 02-175 Approve Sesquicentennial Allocations
Larry Spanbauer, 842 Eckardt Court, Co-chair of the Sesquicentennial Committee, gave a
brief history of the organization and asked Council for their support.
Council Member Esslinger expressed concerns and asked various questions regarding
the accountability of funds if turned over to the Oshkosh Foundation.
Mr. Kraft responded.
Mayor Hintz suggested an amendment to the resolution regarding the dollar amount. He
thanked the Sesquicentennial Committee for their hard work.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 02-170 Traffic Regulations
MOTION: ADOPT (Esslinger; second, Castle)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Ordinance 02-171 Establish Street Grades/1st Addition to Pheasant Creek Farm
MOTION: SUSPEND RULES FOR CONSIDERATION (Castle; second, Mattox)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
MOTION: ADOPT (Castle; second, Esslinger)
CARRIED: Mattox, Castle, Tower, Esslinger, Hintz
Ordinance 02-172 Authorize Public Construction/lSt Addition to Pheasant Creek Farm
MOTION:
CARRIED:
SUSPEND RULES FOR CONSIDERATION (Castle; second,
Esslinger)
Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
MOTION: ADOPT (Castle; second, Tower)
CARRIED: Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
Ordinance 02-173 North Washburn Street Annexation
FIRST READING; LAID OVER UNDER THE RULES
PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- MAY 14, 2002
Resolution 02-174 Approve Class "B" Fermented Malt & Class "C" Wine
License/Powercom Speed Zone
MOTION:
CARRIED:
ADOPT (Castle; second, Mattox)
Ayes (4) Mattox, Castle, Tower, Hintz;
Present (1) Esslinger
Council Member Esslinger explained the applicant was a client of his through work and
that he would be voting present.
Resolution 02-175 Approve Sesquicentennial Allocations
MOTION:
CARRIED:
ADOPT (Castle; second, Mattox)
Ayes (4) Mattox, Castle, Tower, Hintz;
Noes (1) Esslinger
Council Member Esslinger expressed his concerns with the city's financial situation and
the timing of the project. He stated he would not support the resolution.
Mayor Hintz explained that Council was approving the project and activities at this time.
In the future, the funds could be transferred to the Oshkosh Foundation or
Sesquicentennial Committee.
(With Council consent, the dollar amount for sesquicentennial signage was amended to
$1,000.00)
CITIZENS STATEMENTS
Ken Bender, 806 Oak Street, stated his concerns regarding codes and zoning. He
commented on the history of Oshkosh.
Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding the removal of
recyclables at condos.
Susan Hanson, 2344 Mount Vernon Street, stated various concerns with fluoride in the
water.
Jo-Ann Feldner, 1240 S. Westhaven Drive, expressed her concerns regarding fluoride in
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the water.
PROCEEDINGS OF THE OSHKOSH COMMON COUNCIL -- MAY 14, 2002
COUNCIL MEMBER STATEMENTS
Council Member Esslinger questioned how the funds collected from private donations for
the downtown area for the Oshkosh Foundation would be distributed, and if the city would
have any say regarding the funds. He also explained that the city was trying to get
businesses downtown and not vise-versa.
Mr. Wollangk responded.
Council Member Mattox stated that the recent art gallery walk was a success and there
was a contest for children through the planning department. She reminded citizens to be
careful of the crosswalks when driving.
Council Member Castle expressed his concerns regarding the rules pertaining to items in
the consent agenda.
Council Member Tower felt all Council Members be present when discussing or making
modifications to the rules.
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk expressed his condolences to the family of John Pence, former City
Attorney who recently passed away.
MOTION:
CARRIED:
I MOVE THAT FOLLOWING THE ADJOURNMENT OF THIS MEETING,
THE COUNCIL CONVENE INTO CLOSED SESSION IN THE CITY
MANAGER'S OFFICE TO CONFER WITH LEGAL COUNSEL
CONCERNING THE PETITION TO INCORPORATE A PORTION OF THE
TOWN OF ALGOMA PURSUANT TO SECTION 19.85(1 )(g) OF THE
WISCONSIN STATE STATUTES. (Castle; second, Esslinger)
Ayes (5) Mattox, Castle, Tower, Esslinger, Hintz
There was no other business before the Council.
MOTION: ADJOURN (Castle; second, Esslinger)
CARRIED: VOICE VOTE
The meeting adjourned at 7:55 p.m.
PAMELA R. UBRIG
CITY CLERK