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Home My WebLink AboutMinutesO../'HKO./H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday, April 27, 2004, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Harris presided. PRESENT: Council Members Shirley Mattox, William Castle, Burk Tower, Brian Poeschl, Paul Esslinger, Frank Tower, and Mark Harris. ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn Lorenson, Assistant City Attorney and David Patek, Director of Public Works Council Member Mattox read the Invocation. The Pledge of Allegiance was led by Tony Hollmaier from St. John Neumann Middle School. A proclamation was presented by Mayor Harris declaring May 8, 2004 as "Oshkosh Letter Carrier Food Drive Day" in the City of Oshkosh. A proclamation was presented by Mayor Harris declaring May 6, 2004 as "Day of Prayer" in the City of Oshkosh. Public Hearings: The Mayor ordered the following Public Hearings: Approve Zone Change/Wilson Avenue, W. of 2020 Wilson Avenue There were no appearances and the Public Hearing was CLOSED. Approve Flood Plan Map/1730-1750 Robin Avenue There were no appearances and the Public Hearing was CLOSED. Final Resolution/Grading & Utilities/Gibson Court Karl Schulz, 2782 Fond du Lac Road, expressed his concerns regarding the street improvements. He stated that the improvements would not benefit his property and urged Council not to approve this project. Council Member Esslinger questioned if Mr. Schulz had seen the proposed amendment. Proceedings of the Common Council- April 27, 2004 Mr. Wollangk responded. Peter Culp, 1 Pearl Avenue, representing the individuals of Stoney Beach West Subdivision, explained the proposed development. He requested that Council lay this issue over. Council Member B. Tower questioned if the cost could be shared between the homeowners and the Developer. Council Member Poeschl questioned if the layover would effect the time frame for the project. Ken Bender, 80(~ Oak Street, expressed his concerns regarding the proposed improvements. Nancy Samida, 2741 Fond du Lac Road, representing a neighbor at 2773 Fond du Lac Road, she explained that the resident was opposed to the improvements as she was. Kelly Duhatschek, 281 (~ Fond du Lac Road, stated her opposition to the project. Amy Haberkom, 4711 Indian Bend Road, explained various documents that were presented to the homeowner over the years regarding improvements in the area. Marty Duhatschek, 281 (~ Fond du Lac Road, expressed his concerns regarding the improvements. Duane Unbehaun, 2778 Fond du Lac Road, stated his concerns regarding the development. Bruce Helin, 183(~5 Tilton Court, Brookfield, stated the family had no hidden agenda for development in the future. There were no other appearances and the Public Hating was CLOSED. Consent Agenda The minutes of the April 13th and 20th meetings were presented as written. The Report of the City Manager was read. The bills were presented in the amount of The Report of the City Clerk was read. Resolution 04-121 Waive Bids & Purchase Park Equipment 2 Proceedings of the Common Council- April 27, 2004 Award Bid/Truck Chassis, Dump Body & Spreader/Street Division Resolution 04-122 (various) Resolution 04-123 Award Bid/Trucks/Forestry Division (various) Resolution 04-124 Award Bid/Public Works Contract #04-09/Northwest Industrial Park/Fernau Avenue & Fernau Court (Ripon Lime & Materials Co., Ripon, $737,875.08) Resolution 04-125 Approve Change Order #1/Public Works Contract #02-07NVaukau Avenue Pump Station & Force Main Upgrades Resolution 04-126 Grant Conditional Use Permit/1260 N. Westfield Street Resolution 04-127 Apply for Funds for 2005/Aging Services Division Resolution 04-128 Approve Appointments Resolution 04-129 Disallowance of Claim/Joseph Rieder Resolution 04-130 Approve Miscellaneous City Licenses *Resolutions 04-121 and 04-123 were removed for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 04-121 AND 04-123 (Castle; second, F. Tower) CARRIED: Ayes (7) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris Resolution 04-121 Waive Bids & Purchase Park Equipment MOTION: ADOPT (F. Tower; second, Esslinger) CARRIED: Ayes (5) Mattox, Castle, B. Tower, F. Tower, Harris; Noes (2) Poeschl, Esslinger Council Member Poeschl stated he felt the funds would be of better use in another area and would not support the resolution. Council Member Esslinger expressed his concerns regarding waiving bids. Council Member Mattox questioned the bidding process and how the companies were chosen. Council Member B. Tower questioned when was the last time the Parks Department bid out for playground equipment. 3 Proceedings of the Common Council- April 27, 2004 Mayor Harris questioned how many years it would be before all the parks have updated equipment. Mr. Stephany, Parks Director responded. Resolution 04-123 Award Bid/Trucks/Forestry Division (various) MOTION: ADOPT (Poeschl; second, F. Tower) CARRIED: Ayes ((5) Mattox, Castle, B. Tower, Poeschl, F. Tower, Harris; Present (1) Esslinger Council Member Esslinger explained that he would be voting present due to a conflict. Action Taken on Ordinances and Resolutions Ordinance 04-131 Fee Increase/VVeights & Measures MOTION: ADOPT (Esslinger; second, F. Tower) CARRIED: Ayes (7) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris Council Member Poeschl questioned why the fees were not increased across the board. Mr. Wollangk responded. Ordinance 04-132 Amend Boat Launch Fee Penalty MOTION: ADOPT (Esslinger; second, Poeschl) CARRIED: Ayes (7) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris Ordinance 04-133 Amend Residency Requirement/Oshkosh Committee on Aging Subunits MOTION: ADOPT (Esslinger; second, Castle) CARRIED: Ayes (7) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris Council Member Mattox explained that the Senior Center was involved with many fundraisers and many of the volunteers that help come from outside the city limits. Ordinance 04-134 Approve Traffic Regulations FIRST READING; LAID OVER UNDER THE RULES Ordinance 04-135 Repeal Oshkosh Confront Addictions Now Board FIRST READING; LAID OVER UNDER THE RULES 4 Proceedings of the Common Council- April 27, 2004 Ordinance 04-136 Approve Zone Change/Wilson Avenue, W. of 2020 Wilson Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 04-137 Approve Flood Plan Map/1730-1750 Robin Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 04-138 Final Resolution/Grading, Graveling & Utilities/Gibson Court MOTION: ADOPT (Castle; second, Poeschl) MOTION: LAY OVER UNTIL MAY 11, 2004 COUNCIL MEETING (F. Tower; second, Esslinger) CARRIED: Ayes (6) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris Noes (1) Poeschl Council Member F. Tower stated he felt the resolution should be laid over until all the residents had a better understanding of how the proposed amendment would effect the the improvements. Council Member Castle questioned if both parties had received copies of the proposed amendment. Council Member Poeschl questioned if laying the ordinance over would accomplish anything. Citizen Statements Ken Bender, 806 Oak Street, stated he felt that the voters should elect the Mayor position. Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding various issues. Daniel Lynch, 310 S. Eagle Street, stated his concerns regarding underage smoking. Melanie Bloechl, 2388 Abbey Avenue, expressed her dissatisfaction with the Council's decision for Deputy Mayor. She congratulated Council Member Esslinger for receiving the highest votes in the Common Council race. Council Member Statements Council Member Poeschl questioned if the rules of the Council could be amended. Mrs. Lorenson responded. 5 Proceedings of the Common Council- April 27, 2004 Council Member F. Tower questioned if there were any issues regarding the new implemented smoking ordinance. Mr. Wollangk responded. Council Member Esslinger expressed his concerns with the wording in the developer agreement regarding the improvements on Gibson Court. He also stated that individuals who appear before Council with questions should be able to get their answers immediately, he felt by waiting for their answers to be addressed later in the meeting was not fair to the individual. He invited citizens of the community to stop out to the Pioneer Airport located on EAA grounds this weekend to attend their season opener. He thanked everyone who voted for him at the April 6, 2004 election. He also thanked Dennis McHugh for his time of service on the Oshkosh School Board. Council Member Mattox stated she was happy to see that the Oshkosh Schools were teaching children about local government and that these children would be a good resource in the future. Council Member Harris explained the various ways that the University was a benefit to the community. He explained the process for selecting Mayor and Deputy Mayor. Whatever Else is Pertinent or for the Good of the City Mr. Wollangk requested a workshop after the May 11, 2004 Council Meeting to discuss the expansion plans for Riverside Park. There was no other business before the Council. MOTION: CARRIED: ADJOURN (Castle; second, Esslinger) VOICE VOTE The meeting recessed at 8:00 p.m. PAMELA R. UBRIG CITY CLERK 6