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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
ON THE WATER
REGULAR MEETING held Tuesday, August 10, 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 Scott Erickson, Assistant Director of Public Works
Council Member Castle read the Invocation.
The Pledge of Allegiance was led by Council Member Castle.
Public Hearings
The Mayor ordered the following Public Hearings:
Final Resolution I Utilities I Various Streets
There were no appearances and the Public Hearing was CLOSED.
Zone Change I East Side of Moser Street, South of 3550 Moser Street
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the July 27 and August 5,2004 meetings were presented as written.
The Report of the City Manager was read.
Council Member F. Tower questioned the community wide rummage sale.
Bob Poeschl, 202-A W. Parkway Avenue, representing the Winnebago Peace and Justice
Center explained the event.
Council Member Mattox questioned if Market Street would be closed for the event.
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The bills were presented in the amount of $3,543,866.16.
Proceedings of the Common Council-August 10, 2004
The Report of the City Clerk was read.
Resolution 04-268
Award Bid 1 Public Works Contract No. 04-121 Utility Work
(Vinton Construction, Manitowoc, $891,369.90)
Council Member B. Tower questioned where the funds come from when there is an
Increase.
Mr. Wollangk and Mr. Erickson responded.
Council Member Castle asked various questions of the bidding procedures.
Resolution 04-269
Award Bid 1 Riverside Park Phase I Construction
(C. R Meyer, Oshkosh, $1,976,003.00)
Ken Bender, 806 Oak Street, expressed his concerns regarding approval and timing of the
bids.
Council Member F. Tower questioned when information was mailed or put out to bid and
the timing when bids were opened.
Resolution 04-270
Approve Street Name Change 1 Surgery Center Drive
Resolution 04-271
Grant Conditional Use Permit 1 640 North Main Street
Andre Biesinger, 640 N. Main Street, expressed his concerns regarding various conditions
on the permit and urged Council to amend the permit. He thanked City staff for working
with him on the project.
Council Member Mattox asked various questions of the property owner.
Ken Bender, 806 Oak Street, stated his concerns regarding several of the conditions.
Council Member F. Tower questioned the length of time that conditional use permits are
issued.
Council Member Esslinger questioned if the conditions could be amended in the future if
there were no violations.
Mr. Kraft responded.
Council Member Castle questioned the reasoning for the conditional use permit.
Council Member Mattox questioned if there was a downtown overlay and if so what were
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the future plans to expand.
Proceedings of the Common Council-August 10, 2004
Jackson Kinney, Director of Community Development responded.
Council Member B. Tower questioned if the removal of the driveway was part of the
conditional use permit.
Council Member Poeschl questioned if the length of time in condition no. 3 could be put
off until the owner was established.
Resolution 04-272
Initial Resolution 1 Cold Mix Overlay 1 Various Streets
Ken Bender, 806 Oak Street, requested Bent Avenue be on hold to give property owners
time to circulate a petition.
Council Member F. Tower questioned if Bent Avenue could be pulled.
Mr. Wollangk responded.
Council Member Castle questioned if any Council Members received calls on this
resolution.
Council Member Esslinger suggested an analysis be done to determine which method of
street improvements lasts the longest.
Council Member Mattox questioned if a comparison could be done to determine the most
effective improvements for that area.
Resolution 04-273
Resolution 04-274
Resolution 04-275
Resolution 04-276
Resolution 04-277
Resolution 04-278
Resolution 04-279
Resolution 04-280
Resolution 04-281
Final Resolution 1 Utilities 1 Various Streets
Rescind Property Taxes
Disallow Claim 1 Jepson
Disallow Claim 1 McDorman
Disallow Claim 1 Skidmore
Disallow Claim 1 Brown
Disallow Claim 1 Sagmeister
Disallow Claim 1 Wald
Disallow Claim 1 Coe
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Resolution 04-282
Disallow Claim 1 Morrill
Proceedings of the Common Council-August 10, 2004
Resolution 04-283
Resolution 04-284
Resolution 04-285
Resolution 04-286
Resolution 04-287
Disallow Claim 1 Marg
Disallow Claim 1 Watkins
Disallow Claim 1 Ruppel
Approve Appointment 1 Various Board
Approve Miscellaneous City Licenses
**Resolution 04-269 was removed for separate consideration.
MOTION:
MOTION:
CARRIED:
ADOPT CONSENT AGENDA (Esslinger; second F. Tower)
AMEND CONDITION NO.3 FROM 120 DAYS TO 240 DAYS
(F. Tower; second Esslinger)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
VOTE ON CONSENT AGENDA AS AMENDED AND EXCLUDING
RESOLUTION 04-269
CARRIED: Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Resolution 04-269
MOTION:
CARRIED:
Award Bid 1 Riverside Park Phase I Construction
(C. R Meyer, Oshkosh, $1,976,003.00)
ADOPT (Castle; second, F. Tower)
Ayes (5) Castle, B. Tower, F. Tower, Mattox, Harris;
Noes (2) Poeschl, Esslinger
Action Taken on Ordinances and Resolutions
Ordinance 04-288
MOTION:
CARRIED:
Ordinance 04-289
Establish Revised Sewer Use Charges
ADOPT (Poeschl; second, F. Tower)
Ayes (7) Castle, B. Tower, Poeschl, Esslinger, Tower, Mattox, Harris
Approve Parking Regulations
FIRST READING; LAID OVER UNDER THE RULES
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Ordinance 04-290
Approve Zone Change 1 East Side of Moser Street, South of 3550
Moser Street
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council-August 10, 2004
Citizen Statements
Ken Bender, 806 Oak Street, stated he would like to see the Mayor elected at large by the
citizens of the community.
Barry Spanbauer, 842 Eckardt Court, stated the form of government was appropriate and
was a benefit to the community. He stated his concerns regarding special interest groups
that would encourage an individual to run for council to support their cause; letting the
voters supporting that cause, decide the form of government for the community.
Steve Barney, 1335 Summit Avenue, urged Council to ban smoking in all work places.
Bob Poeschl, 202-A W. Parkway Avenue, representing Winnebago Peace and Justice
Center, requested bicycle racks and benches at Opera House Square.
Council Member Statements
Council Member Esslinger offered his condolences for the loss of Donny Weitz, a friend of
the community for many years. He questioned the status of the sewer damage to the
property of Mr. & Mrs. Sagmeister. He expressed his concerns regarding the reopening of
Pollock Pool or having the facility operated by someone other than the city.
Mr. Wollangk responded.
Council Member Poeschl stated the Parks Board would look at the cost to maintain the
pool facility verses the cost of demolishing it. He stated the Splash Pad would be open in
two weeks and thanked the Vienola Brothers for donating the concrete.
Council Member B. Tower expressed his concerns regarding the closing of the Leach
Company and stated the negative comments were inappropriate, since the Leach Family
had done a lot of good for the community.
Council Member Mattox stated the Pathfinders a volunteer organization was in the area to
provide good for the community. She discussed various events that were happening in
the area.
There was no other business before the Council.
MOTION:
CARRIED:
ADJOURN (Castle; second, Esslinger)
VOICE VOTE
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The meeting adjourned at 7:37 p.m.
PAMELA R. UBRIG
CITY CLERK
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