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HomeMy WebLinkAboutMinutes ~ OfHKOJH 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. 1 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. 2 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 3 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 4 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 5 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. 6 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 7 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 8 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 9