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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
ON THE WATER
REGULAR MEETING held Tuesday, August 24, 2004 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Harris presided.
PRESENT: Council Members Burk Tower, Brian Poeschl, Paul Esslinger, Frank Tower,
Shirley Mattox, William Castle and Mark Harris.
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Tom
Ahrens, City Attorney for the City of Fond du Lac and Dave Patek, Director of Public
Works
Council Member B. Tower read the Invocation.
The Pledge of Allegiance was led by Council Member B. Tower.
A proclamation was presented by Mayor Harris declaring August 24, 2004 as "Oshkosh
Condega Partnership" in the City of Oshkosh.
Public Hearing
The Mayor ordered the following Public Hearing:
Final Resolution I Cold Mix Asphalt Overlay I Various Streets
Steve Hunt, 508 Hobbs Avenue, explained he would prefer concrete to cold mix overlay.
Mr. Patek responded.
Council Member Esslinger questioned the length of time the property owners on Hobbs
Avenue would have to wait to receive concrete.
Mr. Wollangk responded.
Tom Felker. Oshkosh, thanked the City for removing Hobbs Avenue from the concrete
status and placing the street on the cold mix asphalt overlay program.
Barbara Herzog, 925 E. Bent Avenue, thanked Council for having Bent Avenue on the
program.
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There were no other appearances and the Public Hearing was CLOSED.
Proceedings of the Common Council-August 24, 2004
Consent Agenda
The minutes of the August 10, 2004 meeting were presented as written.
The Report of the City Manager was read.
Council Member B. Tower expressed his concerns regarding the closing of Radisson
Avenue for a wedding.
Mr. Wollangk responded.
The bills were presented in the amount of $10,507,117.09.
The Report of the City Clerk was read.
Resolution 04-291
Resolution 04-292
Resolution 04-293
Resolution 04-294
Resolution 04-295
Center
Award Bid 1 Public Works Contract No. 04-131 Asphalt Paving &
Underground Work (Northeast Asphalt, Greenville, $251,117.00)
Approve Agreement 1 UW-Oshkosh 1 Parking Purposes
Approve Developer's Agreement 1 Hunters Ridge
Dedicate Street Right of Way 1 W. Waukau Avenue & White Tail
Lane
Approve Agreement 1 Fox Valley Technical College 1 Senior
Robert Cornell, 548 W. Smith Avenue, expressed his concerns regarding parking at the
Senior Center and encouraged students to use the Fox Valley Technical College parking
lot.
Resolution 04-296
Resolution 04-297
Accept & Approve Supplemental Waiver of Special Assessment
Notices & Hearing in Connection with Improvements 1 Island View
Estates
Approve Final Resolution 1 Cold Mix Asphalt Overlay 1 Various
Streets
Council Member F.Tower questioned how may residents lived on the block of Hobbs
Avenue compared to the number of signatures on the petition.
Council Member Poeschl questioned if the street improvements on Sawyer Street were an
example of the cold mix overlay program.
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Council Member Mattox questioned if property owners would receive a pro-rated
assessment if concrete was put in prior to the five-year life span of the cold mix asphalt.
Proceedings of the Common Council-August 24, 2004
Mr. Patek responded.
Resolution 04-298
Resolution 04-299
Resolution 04-300
Resolution 04-301
Resolution 04-302
Resolution 04-303
MOTION:
CARRIED:
Resolution 04-292
MOTION:
CARRIED:
Disallow Claim 1 Braatz
Disallow Claim 1 Fretshcl
Disallow Claim 1 Frohrib
Disallow Claim 1 Phillips
Disallow Claim 1 Snow
Approve Miscellaneous City Licenses
ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
04-292 AND 04-297 (F. Tower; second, Esslinger)
Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
Approve Agreement 1 UW-Oshkosh 1 Parking Purposes
ADOPT (F. Tower, Esslinger)
Ayes (6) Poeschl, Esslinger, F. Tower, Mattox, Castle, Harris;
Present (1) B. Tower
Council Member B. Tower explained he would vote present due to the agreement was
with his employer.
Resolution 04-297
MOTION:
MOTION:
CARRIED:
Approve Final Resolution 1 Cold Mix Asphalt Overlay 1 Various
Streets
ADOPT (Esslinger; second, Poeschl)
LAYOVER HOBBS AVENUE UNTIL SEPTEMBER 15, 2004
(Esslinger; second, Poeschl)
Ayes (5) B. Tower, Poeschl, Esslinger, Mattox, Harris;
Noes (2) F. Tower, Castle
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
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Council Member Esslinger questioned how many blocks on Hobbs Avenue were
scheduled to be in the cold mix asphalt overlay program.
Proceedings of the Common Council-August 24, 2004
Council Member Mattox questioned if the residents understand the price difference
between concrete and cold mix asphalt. She stated she would support the layover of
Hobbs Avenue until the next Council meeting.
Mayor Harris questioned if the layover of Hobbs Avenue would delay the project.
Mr. Wollangk and Mr. Patek responded.
Public Agenda Discussion
Resolution 04-308
Set Referendum to Elect Mayor 1 Establish Powers & Duties
Ken Bender, 806 Oak Street, urged the Council to set a referendum to elect a Mayor at
large.
Gordon Doule, 1225 Summit Avenue, stated his support for electing a Mayor at large.
Ann Marshall, representing the Oshkosh League of Women Voters, stated her support of
the present form of government and explained no change was needed.
Robert Cornell, 548 W. Smith Avenue, stated he supported an elected Mayor with no veto
power.
Brian Bain, 2573 W. Waukau Avenue, explained there had been several attempts to
change the city government and that this issue should go through direct legislation.
Mark Schumerth, 758 Grove Street, explained that the proposal was not much different
than the others that came before Council. He stated his support for the current form of
government and that all the Council Members represent the community.
Mike Hayes, 2325 Knapp Street, stated his support of the present form of government for
the community and shared various scenarios.
Action Taken on Ordinances and Resolutions
Ordinance 04-304
Approve Parking Regulations
MOTION:
CARRIED:
ADOPT (Poeschl; second, F. Tower)
Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
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Proceedings of the Common Council-August 24, 2004
Ordinance 04-305
MOTION:
CARRIED:
Ordinance 04-306
Approve Zone Change 1 East Side of Moser Street 1 South of 3550
Moser Street
ADOPT (F. Tower; second, Poeschl)
Ayes (7) B. Tower, Poeschl, Esslinger, F. Tower, Mattox, Castle,
Harris
Establish Street Grades 12nd Addition Pheasant Creek
FIRST READING
MOTION:
CARRIED:
MOTION:
CARRIED:
SUSPEND RULES FOR CONSIDERATION (Castle; second, F.
Tower)
Ayes (5) Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (2) B. Tower, Poeschl
ADOPT (Castle; second, F. Tower)
Ayes (5) B. Tower, Esslinger, F. Tower, Castle, Harris;
Noes (2) Poeschl, Mattox
Council Member Poeschl explained there were concerns with the subdivision and felt it
needed further review. He stated he would not support suspending the rules.
Council Member B. Tower questioned how the ordinance fit in the process that it's necessary
to waive the rules.
Mr. Wollangk responded.
Council Member Mattox questioned if Linden Oaks would be part of the City of Oshkosh in
the future and if the street would be extended.
Tom Rusch, 3801 State Road 21, developer of the subdivision, answered questions of the
Council.
Mayor Harris questioned if Meadowbrook Drive was shown as a through street on the
preliminary plat.
Ordinance 04-307
Authorize Public Construction 12nd Addition Pheasant Creek
FIRST READING
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MOTION:
CARRIED:
SUSPEND RULES FOR CONSIDERATION (Castle; second, F.
Tower)
Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl
Proceedings of the Common Council-August 24, 2004
MOTION:
CARRIED:
Resolution 04-308
MOTION:
MOTION:
CARRIED:
MOTION:
LOST:
ADOPT (Castle; second, F. Tower)
Ayes (5) B. Tower, Esslinger, F. Tower, Castle, Harris;
Noes (2) Poeschl, Mattox
Set Referendum to Elect Mayor 1 Establish Powers & Duties
ADOPT (F. Tower; second, Esslinger)
AMEND TO 2 YEAR TERM; ELIMINATION OF VETO POWER
AND SERVE ON PLAN COMMISSION (F. Tower; second, Harris)
Ayes (4) B. Tower, F. Tower, Mattox, Harris;
Noes (3) Poeschl, Esslinger, Castle
AMEND FROM NOVEMBER 2004 TO APRIL 2005 ELECTION
(Harris; second, F. Tower)
Ayes (3) F. Tower, Mattox, Harris;
Noes (4) B. Tower, Poeschl, Esslinger, Castle
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (4) Poeschl, Esslinger, F. Tower, Mattox;
Noes (3) Castle, B. Tower, Harris
Council Member Esslinger thanked the staff of the City Attorney's Office for their work on
various issues. He gave an over view of the town hall meeting and the recent proposed
resolution. He stated there was sufficient time to get the referendum on the November
ballot.
Mr. Ahrens responded.
Council Member F. Tower explained there were multiple issues that he was not
comfortable with and offered an amendment that would be acceptable to the community
overall.
Council Member Castle stated the current form of government works well and he would
not support a change.
Council Member B. Tower stated he would support putting the referendum on the ballot
but he would not support the change of electing the mayor and explained the change
would not improve the community.
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Council Member Poeschl stated a change in government is needed and putting the
referendum on the ballot was a step in the right direction. He explained he would not
support an April proposal.
Proceedings of the Common Council-August 24, 2004
Mayor Harris explained that the language will be corrected to reflect the question on the
ballot. He expressed his concerns with the timing to place the referendum on the
ballot in November and would support the referendum being placed on the spring ballot.
Council Member F. Tower questioned the date of the spring election in 2005.
Ms. Ubrig responded.
Resolution 04-309
MOTION:
CARRIED:
Resolution 04-310
MOTION:
CARRIED:
Resolution 04-311
MOTION:
CARRIED:
Resolution 04-312
MOTION:
CARRIED:
Resolution 04-313
Approve Initial Resolution 1 Concrete Paving & Sidewalk 1 2nd
Addition to Pheasant Creek Farm Subdivision
ADOPT (Esslinger; second, F. Tower)
Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl
Accept & Approve Waivers of Special Assessment Notices &
Hearings in Connection with Improvementsl 2nd Addition to
Pheasant Creek Farm Subdivision
ADOPT (Esslinger; second, F. Tower)
Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl
Approve Developer Agreement 1 2nd Addition to Pheasant Creek
Farm Subdivision
ADOPT (Esslinger; second, F.Tower)
Ayes (5) B. Tower, Esslinger, F. Tower, Castle, Harris;
Noes (2) Poeschl, Mattox
Approve Final Resolution 1 Concrete Paving & Sidewalk 1 2nd
Addition to Pheasant Creek Farm Subdivision
ADOPT (F. Tower; second, Esslinger)
Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl
Approve Final Plat 1 2nd Addition to Pheasant Creek Farm Subdivision
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MOTION:
CARRIED:
ADOPT (Esslinger; second, F.Tower)
Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Castle, Harris;
Noes (1) Poeschl
Proceedings of the Common Council-August 24, 2004
Citizen Statements
Ken Bender, 806 Oak Street, expressed various concerns on community issues.
Gordon Doule, 1225 Summit Avenue, stated his concerns regarding fire responses listed
in the local paper.
Brian Bain, 2573 W. Waukau Avenue, commended Council for sticking to the issues
before them. He explained it is necessary to educate the public on the process to run for
Council. He reminded Council and the community of "Americana Night" on August 30th
starting at 5:00 p.m. at the American Legion.
Mark Schumerth, 758 Grove Street, expressed various concerns.
Robert Cornell, 548 W. Smith Avenue, explained that in certain situations fees can be a
good and beneficial.
Bill Schmotz, 200 Merritt Avenue, expressed his concerns regarding the invoice sent to
President Bush for his recent visit to the community. He stated it sent a message that
would discourage future visits from politicians.
James Simmons, 1625 River Mill, encouraged Council to have more town meetings to get
citizen input.
Council Member Statements
Council Member Poeschl questioned the process for naming the road in South Park in
memory of Donny Weitz.
Mr. Wollangk responded.
Council Member Esslinger questioned the status of the Citizens Advisory Board and if
permits were issued for the renovation of the Oshkosh School District building on Eagle
Street.
Council Member Mattox explained there would be donations accepted for the refugees at
522 W. 6th Avenue. She reminded citizens to be careful in school zones in the upcoming
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school year and the various activities listed in the Oshkosh Recreation Department
program. She stated that block parties strengthen neighborhoods in the community. She
also reminded everyone of the gallery walk.
Mayor Harris questioned if the invoice for the presidential campaign was for police
overtime.
Proceedings of the Common Council-August 24, 2004
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk explained that security was at a different level with campaign visits from
politicians and a presidential visit to the community. He stated the invoice would recover
the cost of the overtime of several departments and barricades. He also reminded the
Council and citizens of the community that due to the Fall Primary Election on September
14, 2004, the Council Meeting would be on Wednesday, September 15th starting at 6:00
p.m.
There was no other business before the Council.
MOTION:
CARRIED:
ADJOURN (Castle; second, Esslinger)
VOICE VOTE
The meeting adjourned at 8:35 p.m.
PAMELA R. UBRIG
CITY CLERK
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