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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH~ WISCONSIN
REGULAR MEETING held Tuesday, August 27, 2002 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Hintz presided.
PRESENT: Council Members Jon Dell'Antonia, Frank Tower, Paul Esslinger, Mark
Harris, Shirley Mattox, William Castle and Stephen Hintz
ALSO PRESENT: Richard Wollangk, City Manager, Penny Wolf, Deputy 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 Council Member Dell'Antonia.
A proclamation was presented by Mayor Hintz declaring the week of September 8th -
14th, 2002 as "Random Acts of Kindness Week" in the City of Oshkosh.
A proclamation was presented by Mayor Hintz declaring September 10, 2002 as
"Primary Election Day" in the City of Oshkosh.
PUBLIC HEARING
The Mayor ordered the following Public Hearing:
Approve Zone Change/137 W. 8th Avenue
There were no appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the August 13, 2002 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $14,227,087.84.
The Report of the City Clerk was read.
Proceedings of the Common Council -August 27, 2002
Resolution 02-30(~ Grant Privilege in Street/Pearl Avenue
Council Member Esslinger questioned the need for ground water monitoring.
Mr. Wollangk responded.
Resolution 02-307 Grant Conditional Use Permit/Approve Final Planned
Development/Parcel C, Marion Road/Pearl Avenue
Redevelopment Project Area
Peter Junbacker, 1215 Bay Shore Drive, explained the need for the conditional use
permit and was present to answer questions of the Council.
Council Member Mattox expressed her appreciation of the architecture of the
redevelopment.
Resolution 02-308 Approve Agreement with State of Wisconsin/Refugee Assistance
Grant
Resolution 02-309 Approve Developer Agreement Terms/Hazel Street
Council Member Dell'Antonia questioned the completion date and time schedule.
Mr. Kinney, Director of Community Development, responded.
Resolution 02-310 Approve Change Order No. 1/Public Works Contract 02-
03A/Paving & Utilities
Resolution 02-311 Approve Change Order No. 1/Public Works Contract 02-
1 O/Sanitary Sewer & Water Main
Resolution 02-312 Initial Resolution/Cold Mix Asphalt Overlay/Baldwin Avenue
Resolution 02-313 Approve Amendment No. 1/Engineering Services
Agreement/Sewage Pumping Station Modifications
Resolution 02-314 Approve Miscellaneous Licenses
*Resolutions 02-309 and 02-314B was removed for separate consideration.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
02-309 and 02-314B (Tower; second, Esslinger)
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CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Proceedings of the Common Council -August 27, 2002
Resolution 02-309 Approve Developer Agreement Terms/Hazel Street
MOTION: ADOPT (Dell'Antonia; second, Esslinger)
MOTION:
CARRIED:
AMEND TERM SHEET FOR DEVELOPERS AGREEMENT BY
ADDING TO PARAGRAPH C THE FOLLOWING REQUIREMENT:
COMMENCE CONSTRUCTION BY DECEMBER 31, 2002 WITH
SUBSTANTIAL COMPLETION BY DECEMBER 31, 2007.
(Dell'Antonia; second, Mattox)
Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Resolution 02-314B Approve Special Class "B" License/Oshkosh Jaycees
MOTION:
CARRIED:
ADOPT (Dell'Antonia; second, Esslinger)
Ayes (6) Dell'Antonia, Esslinger, Harris, Mattox, Castle, Hintz;
Present (1) Tower
Public Agenda Discussion
Ordinance 02-317 Approve Zone Change/1215 Faust Avenue
David Langkau, 1225 Faust Avenue, expressed his concerns regarding the zone
change and urged the Council not to support the request.
Matt Ebersberger, 1221 Faust Avenue, felt citizens should be informed immediately
when plans affect their property. He asked the Council not to support the request.
Bill Hentz, 1312 Faust Avenue, explained various concerns regarding the impact on the
neighborhood if the ordinance was approved. He expressed his thoughts for an
alternative solution.
Hans Zietlow, representing Kwik Trip, explained the zone change and the various
concerns of the neighbors. He answered questions of the Council.
Cheryl Hentz, 701 Frederick Avenue, stated her concerns regarding the ordinance and
urged the Council not to approve the zone change.
Proceedings of the Common Council -August 27, 2002
Action Taken on Ordinances and Resolutions
Ordinance 02-315 Amend Regulations/Parking Ticket Penalties
MOTION:
CARRIED:
ADOPT (Dell'Antonia; second, Tower)
Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Ordinance 02-316
Amend Regulations/Fee for Special Privilege Permit/All Night
Parking
MOTION:
CARRIED:
ADOPT (Dell'Antonia; second, Esslinger)
Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Ordinance 02-317 Approve Zone Change/1215 Faust Avenue
MOTION:
ADOPT (Esslinger; second, Mattox)
MOTION:
LOST:
LAYOVER UNTIL SEPTEMBER 11, 2002 (Esslinger; second,
Mattox)
Ayes (2) Esslinger, Mattox;
Noes (5) Dell'Antonia, Tower, Harris, Hintz, Castle
VOTE ON ORDINANCE:
LOST: Ayes (3) Dell'Antonia, Tower, Castle;
Noes (4) Esslinger, Harris, Mattox, Hintz
Council Member Esslinger questioned why this item was before the Council prior to it
being submitted to the Board of Appeals. He expressed his concerns regarding the
request and stated he would not support the ordinance.
Mr. Wollangk responded.
Council Member Harris stated his opposition to the request to rezone the property.
Council Member Mattox expressed her concerns regarding the rezoning of a residential
area. She stated she would not support the ordinance.
Council Member Dell'Antonia felt it would be an improvement to the area and stated he
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would support the ordinance.
Proceedings of the Common Council -August 27, 2002
Mayor Hintz expressed his concerns regarding the ordinance and stated there were
many things to take into consideration.
Ordinance 02-318 Approve Zone Change/137 W. 8th Avenue
MOTION:
CARRIED:
ADOPT (Castle; second, Tower)
Ayes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Ordinance 02-319 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 02-320
Grant Conditional Use Permit/Sawyer Street & Witzel Avenue
NW Corner
MOTION:
LOST:
ADOPT (Dell'Antonia; second, Tower)
Noes (7) Dell'Antonia, Tower, Esslinger, Harris, Mattox, Castle,
Hintz
Resolution 02-321 Grant Conditional Use Permit/1759 W. 9th Avenue
MOTION:
CARRIED:
ADOPT (Dell'Antonia; second, Tower)
Ayes (6) Dell'Antonia, Tower, Harris, Mattox, Castle, Hintz;
Noes (1) Esslinger
Council Member Esslinger expressed his concerns regarding traffic issues.
Council Member Dell'Antonia explained he was a member of the Plan Commission and
gave a brief explanation regarding the permit request.
CITIZEN STATEMENTS
Dave Langkau, 1225 Faust Avenue, thanked the city for their choice in new street
lighting.
Frank Zuern, 1040 Maricopa Drive, expressed his thoughts regarding the election on
September 10, 2002. He urged citizens to get out and vote.
Steve Bender, 810 Hawk Street, questioned the need to install different lighting on
major arterial streets in the City.
Gordon Doule, 1225 Summit Avenue, stated he was committed to the environment and
he expressed his concerns regarding the HAZMAT agreement.
Proceedings of the Common Council -August 27, 2002
Bill Hentz, 1312 Faust Avenue, stated his interest in the process of the Council and
thanked them for a job well done.
Hugh Carver, 1261 Merritt Avenue, expressed his concerns for the water and the
treatment plant.
Susan Hanson, 2344 Mount Vernon Street, expressed her concerns regarding fluoride
in the water.
Ken Bender, 806 Oak Street, stated his concerns regarding the requirements and fines
for
building permits issued by the city.
Matt Ebersberger, 1221 Faust Avenue, stated the good service he had received when
he was issued a building permit.
Council Member Statements
Council Member Esslinger questioned the cost of repainting the Main Street Bridge.
He also stated his concerns regarding standing water and the run off on Burnwood
Drive.
Mr. Wollangk responded.
Council member Tower encouraged citizens to vote on September 10, 2002.
Council Member Dell'Antonia asked various questions regarding the issuance of
building permits. He stated there would be a ceremony to dedicate the Opera House
Square on September 13, 2002 at noon.
Council Member Mattox questioned the repainting of the Main Street Bridge and felt the
color should be blue for Oshkosh on the water. She also encouraged parents to walk
their children to school and for motorists to be cautious of pedestrians.
Council Member Harris warned the community of computer viruses and to be careful
when opening messages with attachments.
Whatever Else is Pertinent or for the Good of The City
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Mr. Wollangk explained the next Council Meeting would be on Wednesday September
11, 2002, due to the election on Tuesday.
Proceedings of the Common Council -August 27, 2002
There was no other business before the Council.
MOTION: ADJOURN (Dell'Antonia; second, Tower)
CARRIED: VOICE VOTE
The meeting adjourned at 8:21 p.m.
PENNY S. WOLF
DEPUTY CITY CLERK