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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, November 9, 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, and Mark Harris
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Castle read the Invocation.
Council Member Mattox arrived during the Invocation.
The Pledge of Allegiance was led by Paul Staerkel and Valerie Pollnow from Smith
Elementary School.
Public Hearing
The Mayor ordered the following Public Hearing:
2005 City Budget
Ken Bender, 806 Oak Street, expressed his various concerns regarding cuts in the
budget.
Hugh Carver, 1261 Merritt Avenue, stated various concerns regarding the city budget.
Gordon Doule, 1225 Summit Avenue, expressed his concerns with unnecessary city
spending.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the October 26, 2004 meeting were presented as written.
The Report of the City Manager was read.
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Proceedings of the Common Council –November 9, 2004
The bills were presented in the amount of $ 3,794,632.86.
The Report of the City Clerk was read.
Resolution 04-399Accept Easements:
a) Louise Court & Keenville Lane
b) Homestead Drive & Hunters Glen Place area
Resolution 04-400Approve Agreement with State of Wisconsin / Refugee
Assistance Grant
Hugh Carver, 1121 Merritt Avenue, stated government should not be involved.
Resolution 04-401Amend Initial Resolution / Utilities, Sidewalk & Concrete
Paving / Stoney Beach West Subdivision
Kathleen Lennon, 1211 Elmwood Avenue, stated she was the developer and was present
to answer any questions of the Council.
Resolution 04-402Accept & Approve Amended Waiver of Special Assessment
Notices & Hearing / Stoney Beach West Subdivision
Resolution 04-403Approve Amended Developer Agreement / Stoney Beach West
Subdivision
Resolution 04-404Amend Final Resolution / Utilities, Sidewalk & Concrete Paving
/ Stoney Beach West Subdivision
Resolution 04-405Grant Conditional Use Permit / Bay Shore Drive & Mill Street
(CBRF)
Council Member Mattox questioned the setback from Mill Street and the amount of parking
spaces that would be added.
Ben Ganther, 6030 County Road A, developer, answered questions of the Council.
Resolution 04-406Authorize Filing of Application for Federal Operating & Capital
Assistance / State Operating Assistance & County
Transportation Assistance
Resolution 04-407Disallow Claim / Backus
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Resolution 04-408Disallow Claim / Brooks
Proceedings of the Common Council –November 9, 2004
Resolution 04-409Disallow Claim / Edwards
Resolution 04-410Disallow Claim / Jowett
Resolution 04-411Disallow Claim / Kemps
Resolution 04-412Disallow Claim / Krhin
Resolution 04-413Disallow Claim / Kraemer
Resolution 04-414Disallow Claim / Mueller, Dennis
Resolution 04-415Disallow Claim / Mueller, Dolores
Resolution 04-416Disallow Claim / Rasmussen
Resolution 04-417Disallow Claim / Sagmeister
Resolution 04-418Disallow Claim / Werner
Resolution 04-419Disallow Claim / Zutz
Resolution 04-420Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA (Castle; second, Esslinger)
CARRIED:Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower,
Mattox, Harris
Public Agenda Discussion
Ordinance 04-423 Amend Mayor Selection Process
Ken Bender, 806 Oak Street, stated he was pleased to see the referendum passed and
that he supported the process.
Ordinance 04-424 Amend Regulations / Large Item Pickup
Ken Bender, 806 Oak Street, asked Council for an explanation of the ordinance.
Hugh Carver, 1121 Merritt Avenue, questioned if there was a weight regulation on the
large items.
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Resolution 04-425 Approve Management / Riverside Park Amphitheater
Proceedings of the Common Council –November 9, 2004
Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding funds to run the
facility and the property being taken off the taxroll
Action Taken on Ordinances and Resolutions
Ordinance 04-421 Approve Parking Regulations
MOTION:ADOPT (F. Tower; second, Poeschl)
CARRIED:Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower,
Mattox, Harris
Ordinance 04-422 Floodplain Map Amendment / First Addition to Northshore
Preserve Plat
MOTION:ADOPT (F. Tower; second, Poeschl)
CARRIED:Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower,
Mattox, Harris
Ordinance 04-423 Amend Mayor Selection Process
FIRST READING
MOTION:SUSPEND RULES FOR CONSIDERATION (Esslinger; second,
Poeschl)
CARRIED:Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
MOTION:ADOPT (Castle; second, F. Tower)
CARRIED:Ayes (7) Castle, B. Tower, Poeschl, Esslinger, F. Tower, Mattox,
Harris
Council Member Castle questioned if the reason for waiving the rules was so that
nomination papers could be circulated in December. He gave a brief history of the
previous situation when Mr. Wollangk was appointed to City Manager leaving his seat as
Council Member and how an individual from the community filled that vacancy.
Mr. Wollangk responded.
Council Member Mattox expressed her concerns regarding representation if there was a
vacancy of a Council Member due to the mayoral election.
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Mr. Kraft responded.
Proceedings of the Common Council –November 9, 2004
Council Member B. Tower questioned if the rules were different if a council seat was
vacant for a two-year term verses filling a one-year term.
Mayor Harris explained that a vacant seat on the Council would be a no vote and
encouraged the Council to fill any vacancies if the situation would arise.
Ordinance 04-424 Amend Regulations / Large Item Pickup
FIRST READING; LAID OVER UNDER THE RULES
Mayor Harris questioned if there was a weight limit and what type of large items were
included in the ordinance.
Mr. Wollangk responded.
Resolution 04-425 Approve Management / Riverside Park Amphitheater
MOTION:ADOPT (Esslinger; second, Poeschl)
MOTION:AMEND TO REMOVE THE FIRST FIVE PARAGRAPHS AND
REMOVE WORDS “THAT SAID RECOMMENDATIONS ARE
HEREBY ACCEPTED AND” AND “THAT THE PARKS
DEPARTMENT IS AUTHORIZED TO START PLANNING FOR
AND MAKING PREPARATIONS FOR AMPHITHEATER”
(Castle; second, F. Tower)
CARRIED:Ayes (5) Castle, B. Tower, F. Tower, Mattox, Harris;
Noes (2) Poeschl, Esslinger
VOTE ON AMENDED RESOLUTION
CARRIED:Ayes (5) Castle, B. Tower, F. Tower, Mattox, Harris;
Noes (2) Poeschl, Esslinger
Council Member Castle stated the amendment would give a private organization an
opportunity.
Council Member Mattox questioned if there would be enough profit to fund the necessary
staffing of the park. She questioned if proposals could be sent out and what was the time
limit.
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Council Member Poeschl questioned if the amendment was a proposal to cover all or part
of the concessions and then explained he would not support the amendment. He stated
the Parks Department needs the funds and should be run the facility.
Proceedings of the Common Council –November 9, 2004
Council Member Esslinger explained that he would like to see the Parks Department run
the concessions. He expressed his concerns regarding the need to take control and
prove that money can be made at the amphitheater.
Council Member B. Tower stated he would support the amendment but would like to see
proposals and data to make a better decision.
Mayor Harris explained there are other facilities that lease concession areas and make a
profit. He expressed his concerns regarding the bond issues and the loss of revenue. He
questioned if there has been a comparison of other amphitheaters in Wisconsin.
Mr. Wollangk responded.
Tom Stephany, Parks Director responded.
Citizen Statements
John Daggett, 717 Bowen Street, urged the City of Oshkosh to form an administrative
grievance committee.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding various issues in
the community.
Ken Bender, 806 Oak Street, stated his concerns regarding a parking stall that should be
removed. He questioned the relocation of Mercury Marine to the Industrial Park.
Patricia Diener, 30 Eveline Street, expressed her concerns regarding the pedestrian
crossing between the safety building and the courthouse. She thanked the Parks
Department for the new playground equipment.
Mr. Wollangk responded.
Council Member Statements
Council Member Esslinger questioned if there was any information on the city’s vacancy
rates. He offered his condolences to the family of Norman Miller.
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Council Member Poeschl reminded citizens about the Holiday Parade on November 13.
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He informed the public that he will be running for Council in the spring election.
Council Member Mattox explained the new Oshkosh Community Access Television cards
were available for 2005. She discussed various events in the community.
Proceedings of the Common Council –November 9, 2004
Mayor Harris stated he represented the City of Oshkosh for an event at the Armory to
honor local individuals from the local 1157 unit.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk reminded Council there would be a workshop to discuss the 2005 Budget
and Capital Improvements Program on November 15, 2004.
There was no other business before the Council.
MOTION:ADJOURN (Castle; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 7:55 p.m.
PAMELA R. UBRIG
CITY CLERK
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