HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH, WISCONSIN
O../'HKO./H
ON THE WATER
REGULAR MEETING held Tuesday, May 11, 2004, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Harris presided.
PRESENT: Council Members William Castle, Burk Tower, Brian Poeschl, Paul Esslinger,
Frank Tower, Shirley Mattox, 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.
On behalf of the Landmark Commission, Mayor Harris presented the Acanthus Awards.
Public Hearings
The Mayor ordered the following Public Hearings:
Approve Final Resolution Vacating Portion of Woodland Avenue, between Algoma
Boulevard & Elmwood Avenue
Rick Wells, 1423 Congress Avenue, Chancellor of UW-Oshkosh explained the current
parking problems at the University and urged Council to support the resolution. He stated
that user fees would fund the parking lot not taxpayer dollars.
Council Member Esslinger questioned if any homes would be impacted from the project.
Tom Sonnleitner, Vice Chancellor of Administrative Services, explained the cost of the
project and the plans for future parking ramps.
There were no other appearances and the Public Hearing was CLOSED.
Final Resolution/Paving & Utilities/Sawyer Street
There were no appearances and the Public Hearing was CLOSED.
Approve Zone Change/340 S. Koeller Street
There were no appearances and the Public Hearing was CLOSED.
Approve Official Mapping/Geneva Street Extended
Proceedings of the Common Council-May 11, 2004
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the April 27, 2004 meeting were presented as written.
The Report of the City Manager was read.
The bills were presented in the amount of $4,203,926.11.
The Report of the City Clerk was read.
Resolution 04-139 Approve Final Resolution Vacating Portion of Woodland Avenue,
between Algoma Boulevard & Elmwood Avenue
Council Member Castle questioned if any easements would be needed for this
improvement.
Mr. Kraft responded.
Resolution 04-140
Resolution 04-141
Resolution 04-142
Resolution 04-143
Resolution 04-144
Resolution 04-145
Resolution 04-146
Resolution 04-147
Dedicate Street Right-of-Way/Myrna Jane Drive Cul-De-Sac
Accept Utility Easement/County Road K (W. 20th Avenue)
Approve Initial Resolution/Sidewalk & Concrete Paving/Northshore
Preserve First Addition & Kemps Subdivision
Accept & Approve Waiver of Special Assessment Notices and
Hearing In Connection with Improvements/Northshore Preserve
First Addition & Kemps Subdivision
Approve Developer Agreements/Northshore Preserve First
Addition & Kemps Subdivision
Final Resolution/Sidewalk & Concrete Paving/Northshore
Preserve First Addition & Kemps Subdivision
Approve Plats:
A) Extraterritorial Final/Sandhill Farms
B) Northshore Preserve First Addition
Grant Conditional Use Permit/Approve Final Planned
Development/Northshore Preserve First Addition
2
Resolution 04-148 Authorizing the Issuance & Sale of up to $3,425,850 Sewage
System, Revenue Bond, Series 2004
Proceedings of the Common Council-May 11, 2004
Resolution 04-149 Approve Agreement/Oshkosh C.A.N. Fund
Resolution 04-150 Award Bid/Public Works Contract No. 04-04/Southwest Industrial
Park (Gustafson Construction, Belgium, $1,521,284.20)
Resolution 04-151 Award Bid/Public Works Contract No. 04-07/Concrete Paving
(Vinton Construction, Manitowoc, $3,557,795.84)
Resolution 04-152 Amend Final Resolution 04-97/Concrete Paving, Sidewalk &
Utilities/E. Parkway Avenue & Oak Street
Ken Bender, 806 Oak Street, expressed his concerns regarding the street improvements.
Council Member Castle questioned if the improvements could be delayed until the
renovation of the old Mercy Medical Center was complete.
Mr. Patek responded.
Resolution 04-153
Resolution 04-154
Resolution 04-155
Resolution 04-156
Resolution 04-157
Resolution 04-158
Approve Amendment/Testing Agreement with Badger Laboratories
& Engineering
Approve Change Order No. 2/Public Works Contract 01-04
(James Cape & Sons, Racine, Net Increase $3,974.30)
Approve Change Order No. 2/Public Works Contract 03-03
(James Cape & Sons, Racine, Decrease, $40,755.08)
Approve Change Order No. 1/Public Works Contract 03-19
(Twins Excavating, Kewaunee, Net Increase, $1,642.01)
Approve Final Resolution/Paving & Utilities/Sawyer Street
Disallowance of Claim/Kabat
Resolution 04-159 Approve Miscellaneous City Licenses
* Resolution 04-139 was removed for separate consideration.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 04-139
(Castle; second, Tower)
CARRIED: Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
3
Proceedings of the Common Council-May 11, 2004
Resolution 04-139
Approve Final Resolution Vacating Portion of Woodland Avenue,
between Algoma Boulevard & Elmwood Avenue
MOTION:
CARRIED:
ADOPT (Esslinger; second, Tower)
Ayes (6) Castle, Poeschl, Esslinger, F. Tower, Mattox, Harris;
Present (1) B. Tower
Council Member B. Tower stated he would vote present due to the University being his
employer.
Public Agenda Discussion
Resolution 04-168 Approve Final Resolution/Grading, Graveling & Utilities/Gibson Court
Ken Bender, 806 Oak Street, expressed his concerns regarding the design and location of
the road and felt other options were available.
Marty Duhatschek, 2816 Fond du Lac Road, thanked the Council for their involvement and
interest.
Peter Culp, 1 Pearl Avenue, representing the developers stated his clients would be willing
to work with the current owners.
Amy Haberkorn, 4711 Indian Bend Road, expressed her concerns regarding the
improvements.
Karl Schultz, 2782 Fond du Lac Road, stated he had no intention of developing his land but
would be willing to pay for laterals for future expansion.
Action Taken on Ordinances and Resolutions
Ordinance 04-160 Approve Traffic Regulations
MOTION:
CARRIED:
ADOPT (Esslinger; second, Poeschl)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Ordinance 04-161
Repeal Oshkosh Confront Addictions Now Board
MOTION:
ADOPT (Esslinger; second, F. Tower)
4
CARRIED:
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Council Member Esslinger explained why it was necessary for a new committee to be formed.
Council Member Poeschl explained that the C.A.N Board was good for the community and
was happy to see they were forming a new committee.
Proceedings of the Common Council-May 11, 2004
Council Member Mattox encouraged citizens to continue to support the projects of the C.A.N.
Board.
Mayor Harris stated there were many good services provided by the C.A.N. Board. He hoped
they would continue to do good for the community.
Ordinance 04-162 Approve Zone Change/Wilson Avenue, W. of 2020 Wilson Avenue
MOTION:
CARRIED:
ADOPT (Poeschl; second, F, Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Ordinance 04-163 Approve Flood Plan Map/1730-1750 Robin Avenue
MOTION:
CARRIED:
ADOPT (Esslinger; second, Poeschl)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Ordinance 04-164 Approve Zone Change/340 S. Koeller Street
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-165 Approve Official Mapping/Geneva Street Extended
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-166
Approve Ordinance Establishing Street Grades/Northshore Preserve
First Addition & Kemps Subdivision
FIRST READING
MOTION:
CARRIED:
SUSPEND RULES FOR CONSIDERATION (Castle; second,
F. Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
MOTION:
CARRIED:
ADOPT (Castle; second, F. Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
5
Harris
Proceedings of the Common Council-May 11, 2004
Ordinance 04-167
Authorize Public Construction/Northshore Preserve First Addition &
Kemps Subdivision
FIRST READING
MOTION:
CARRIED:
SUSPEND RULES FOR CONSIDERATION (Castle; second,
F. Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
MOTION:
CARRIED:
ADOPT (Castle; second, F. Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Resolution 04-168 Approve Final Resolution/Grading, Graveling & Utilities/Gibson Court
MOTION:
ADOPT (Castle; second Esslinger)
MOTION:
AMEND TO WAIVE SPECIAL ASSESSMENTS FOR GRADING,
GRAVELING AND UTILITIES IN THE AMOUNT OF $2,321.93 FOR
2816 FOND DU LAC ROAD AND IN THE AMOUNT OF $2,321.93
FOR THAT PORTION OF 2782 FOND DU LAC ROAD TO THE
DEPTH OF 169.76 FEET. THE AMOUNTS WAIVED, $4,643.86,
TO BE PAID BY THE DEVELOPER OF STONEY BEACH WEST
SUBDIVISION AS PART OF THE DEVELOPERS AGREEMENT
FOR THAT SUBDIVISION.
DEFER THE SPECIAL ASSESSMENTS WITHOUT INTEREST FOR
GRADING, GRAVELING AND UTILITIES IN THE AMOUNT OF
$16,725.24 FOR THE REMAINING PORTION OF 2782 FOND DU
LAC ROAD, TO BE PAID BY THE DEVELOPER OF STONEY
BEACH WEST SUBDIVISION AS PART OF THE DEVELOPERS
AGREEMENT FOR THE SUBDIVISION AND TO BE REIMBURSED
TO THE DEVELOPER OR HIS/HER SUCCESSOR AT THE TIME OF
SUBDIVISON OF 2782 FOND DU LAC ROAD. (Castle; second,
F. Tower)
6
CARRIED:
Ayes (6) Castle, B. Tower, Esslinger, F. Tower, Mattox, Harris;
Noes (1) Poeschl
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (6) Castle, B. Tower, Esslinger, F. Tower, Mattox, Harris;
Noes (1) Poeschl
Council Member F. Tower questioned if one of the current homeowners would be required
to move their driveway.
Mr. Patek responded.
Proceedings of the Common Council-May 11, 2004
Council Member Poeschl stated the developers should not have to pay for the cost that would
incur with the amendment.
Council Member Esslinger thanked both parties involved. He questioned if the land would
be developed if the laterals would be installed.
Council Member Mattox questioned if the laterals would increase the value of the property
and what was the time frame for installation. She expressed her concerns regarding the
safety of replacing the driveway.
Mayor Harris questioned if Mr. & Mrs. Duhatschek would be able to cut their driveway into the
side street at their own expense. He also thanked both parties involved regarding this
difficult decision.
Council Member B. Tower questioned if a decision had to made at this time regarding the
placement of the driveway.
Mr. Kraft responded.
Mr. Wollangk & Mr. Patek responded.
Citizen Statements
Ken Bender, 806 Oak Street, expressed his concerns regarding the closing of various
streets in the University area.
Gordon Doule, 1225 Summit Avenue, stated his concerns regarding various issues.
Council Member Statements
Council Member Poeschl expressed his concerns regarding landlords that owned and
paid city property taxes being required to pay the higher fee for a yard waste permit, due
to their residence being outside the city limits.
7
Mr. Wollangk responded.
Council Member Esslinger expressed his concerns regarding the boulders at the
Municipal Golf Course.
Council Member F. Tower stated there would be state representatives available at the
next Council meeting for a workshop.
Council Member Mattox encouraged citizens to enjoy the sites in the community and to
check out the City of Oshkosh website link to the Landmark Commission.
Proceedings of the Common Council-May 11, 2004
Council Member Harris expressed his concerns regarding the growing traffic problem on
Witzel Avenue and questioned if the entrance for dropping off yard waste could be moved
to a side street,
Mr. Patek and Mr. Wollangk responded,
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated there would be a workshop following the Council meeting for the
expansion of Riverside Park,
There was no other business before the Council,
The meeting recessed at 7:45 p.m.
PAMELA R. UBRIG
CITY CLERK
8