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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, October 26, 2004 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Harris presided.
PRESENT: Council Members Shirley Mattox, William Castle, Burk Tower, Paul Esslinger,
Frank Tower, and Mark Harris
EXCUSED: Council Member Brian Poeschl
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Mattox read the Invocation.
The Pledge of Allegiance was led by Emily Phillip and Tyus Smoody from Roosevelt
Elementary School; and, Rebecca Schmiedel and Malori Schabloski from Sunset Elementary
School.
Public Hearings
The Mayor ordered the following Public Hearings:
Final Resolution / Sanitary Sewer / Water Main / Future North - South Street
Adjacent to 1700 Fountain Avenue from Fountain Avenue North 1430 Feet
There were no appearances and the Public Hearing was CLOSED.
Floodplain Map Amendment / First Addition to Northshore Preserve Plat
Gerald Frey, 4804 Island View Drive, questioned the location and how many lots were
involved.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the October 12, 2004 meetings were presented as written.
The Report of the City Manager was read.
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The bills were presented in the amount of $4,554,120.18.
Proceedings of the Common Council –October 26, 2004
The Report of the City Clerk was read.
Resolution 04-380Accept Easements / Fernau Avenue & Progress Drive Area
(Northwest Industrial Park)
Resolution 04-381Dedicate Street Right-of-Way / Progress Drive (Northwest Industrial
Park)
Resolution 04-382Authorize Disposition; Accept Easement / 716 Oregon Street
Council Member B. Tower explained he would vote present due to a conflict of interest.
Resolution 04-383Approve Final Resolution / Sanitary Sewer / Water Main / Future
North – South Street Adjacent to 1700 Fountain Avenue
Council Member F. Tower stated the assessments were deferred for 1800 Fountain
Avenue in the previous attempt at this project and stated nothing had changed with the
land. He encouraged the Council to defer the assessment until the land is developed.
Mayor Harris questioned if the property would be developed with the utility easement on
the property.
Mr. Wollangk responded.
Resolution 04-384Approve Mutual Aid Agreement / Appleton & Green Bay
Ken Bender, 806 Oak Street, questioned that with this agreement would the Fire
Department be too overtaxed at times to respond to the needs of the community.
Council Member F. Tower stated this was a potential agreement and questioned if the City
of Oshkosh would be participating in it.
Council Member Mattox questioned why the City of Fond du Lac was not included in the
agreement.
Mr. Wollangk and Fire Chief Tim Franz responded.
Resolution 04-385Award Contract / Senior Shuttle Bus Service (Kobussen Buses,
Neenah, $31.92 per hour)
Ken Bender, 806 Oak Street, questioned if this service would be self-supporting.
Council Member Esslinger stated the revenue does not cover the cost of the expense for
this service, the funds were Department of Transportation not local assessed funds.
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Council Member Mattox questioned how citizens would recognize the service.
Proceedings of the Common Council –October 26, 2004
Mr. Wollangk responded.
Resolution 04-386Approve Change Order No. 1 / Public Works Contract No. 03-10 /
Asphalt Paving / Various Residential Streets (Northeast Asphalt, Net
Decrease $20,971.10)
Resolution 04-387Approve Change Order No. 1 / Public Works Contract No. 03-21 /
Quail Run Subdivision / Storm Sewer (Ronet Construction, Net
Decrease, $11,617.89)
Resolution 04-388Approve Change Order No. 8 / Public Works Contract No. 02-01 /
Water Filtration Plant Intake / Transmission Mains (Lunda
Construction, Net Increase, $103,057.31)
Council Member B. Tower questioned the specifics of the change order.
Mr. Patek responded.
Council Member Mattox questioned if the cost of the project was estimated before the
actual work started.
Mr. Wollangk responded.
Resolution 04-389Award Bid / Public Works Contract No. 04-19 / Various Utility
Construction / Northwest Industrial Park Street Construction(Jossart
Brothers, 409,705.00)
Resolution 04-390Approve Bid / Hazmat Trailer (E.J. Metals, Hortonville, $75,490)
Resolution 04-391Rescind Assessment / Cold Mix Asphalt Overlay / Wyoming Street
Resolution 04-392Disallow Claim / Midwest Real Estate
Resolution 04-393Disallow Claim / Schultz
Resolution 04-394Disallow Claim / Wicker
Resolution 04-395Approve Appointments
Resolution 04-396 Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA
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(F. Tower; second, Esslinger)
Proceedings of the Common Council –October 26, 2004
MOTION:AMEND RESOLUTION 04-383 TO DEFER ASSESSMENT FOR 1800
FOUNTAIN AVENUE IMPROVEMENTS WITH INTEREST UNTIL
PARCEL IS DEVELOPED (F. Tower; second, Castle)
CARRIED:Ayes (6) Mattox, Castle, B. Tower, Esslinger, F.Tower, Harris
VOTE ON CONSENT AGENDA EXCLUDING RESOLUTION 04-382:
CARRIED:Ayes (6) Mattox, Castle, B. Tower, Esslinger, F.Tower, Harris
Resolution 04-382Authorize Disposition; Accept Easement / 716 Oregon Street
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (5) Mattox, Castle, Esslinger, F. Tower, Harris;
Present (1) B. Tower
Action Taken on Ordinances and Resolutions
Ordinance 04-397Approve Parking Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-398Floodplain Map Amendment / First Addition to Northshore Preserve
Plat
FIRST READING; LAID OVER UNDER THE RULES
Citizen Statements
John Daggett, 717 Bowen Street, stated his concern regarding an arrest made by the
Oshkosh Police Department and how it has affected his health.
Tom Zillges, 2991 Bromfield Street, thanked the Department Heads and the Council for
what they do for the City of Oshkosh.
Gordon Doule, 1225 Summit Avenue, expressed his various concerns.
Ken Bender, 806 Oak Street, expressed his thoughts regarding the “Pride of Oshkosh”
Lions. He encouraged the community to vote on Election Day.
Mike Domke, 2892 Ruschfield Street, stated his concerns for the lack of planning at
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Riverside Park and the spending reflected in the city budget.
Council Member Statements
Council Member F. Tower explained various options for management of the Riverside
Park Amphitheater. He suggested the Parks Department ask for proposals to have
another entity control the concessions and bookings.
Proceedings of the Common Council –October 26, 2004
Council Member Esslinger explained he would like to see the concessions run by city
staff.
Mr. Wollangk responded.
Council Member B. Tower suggested it be placed on the next agenda for discussion.
Council Member Mattox stated she would like to see the pros and cons for using city staff
to run the concessions. She encouraged citizens to experience riding the city bus. She
stated there would be a neighborhood meeting to discuss the Capital Improvement
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Program at the Senior Center on October 27 at 6:00 p.m.
Council Member Esslinger explained that the City received a million dollars less of shared
revenue then anticipated last budget time, which is and will continue to affect this years
budget. He explained that the Council has no disciplinary action for police officers. He
asked why Council Members could not respond to a citizen’s question during the public
discussion portion of the Council Meeting.
Mayor Harris stated it was not encouraged but stated a limited discussion on a limited
basis would be acceptable.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk requested workshops with departments to discuss budgets on November 3
at 6:15 p.m. and on November 4 at 5:30 p.m. He also requested that on November 18,
2004 there be a workshop to discuss the Capital Improvement Program. He explained
that all three workshops would be televised.
MOTION:CONVENE INTO CLOSED SESSION IN THE CITY
MANAGER'S OFFICE TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE FOR DELIBERATING
AND NEGOTIATING A LAND SALE IN THE AVIATION
INDUSTRIAL PARK PURSUANT TO SECTION 19.85(1)(E)
OF THE WISCONSIN STATE STATUTES. (F. Tower;
second, Esslinger)
CARRIED:Ayes (6) Mattox, Castle, B. Tower, Esslinger, F. Tower, Harris
The meeting adjourned at 7:15 p.m.
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PAMELA R. UBRIG
CITY CLERK
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