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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, April 12, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Harris presided.
PRESENT: Council Members Frank Tower, Shirley Mattox, William Castle, Burk Tower,
Brian Poeschl, Paul Esslinger 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 Tower read the Invocation.
The Pledge of Allegiance was led by Chelsea Barnard and Pierce Barnard from St.
Elizabeth Seaton Scholl; and, Megan Goltz and Kristen Goltz from Grace Lutheran School.
A proclamation was presented by Mayor Harris declaring April 17 through 23, 2005 as
“Volunteer Week” in the City of Oshkosh.
Public Hearing
The Mayor ordered the following Public Hearing:
Public Works Contract No. 05-05 / Concrete / Utilities & Sidewalks / Various Streets
Catherine Smith, 1135 Powers Street, stated she would like asphalt paving instead of
concrete on Powers Street. She expressed her concerns regarding the assessment
payment choices.
Tom Downing, 1119 E. Parkway Avenue, expressed his concerns that the street
improvements were scheduled prior to the completion of the renovation of the Mercy
Medical Building. He stated the truck traffic would damage the new street.
Mary Ann Offer, 1103 E. Parkway Avenue, stated she would like the street project delayed
until the work was completed on the old Mercy Medical Building.
Carlton Schmidt, 1349 Otter Avenue, stated he was in favor of concrete and would like to
see new utilities installed.
Cassandra Mawonske, 202 W. Irving Avenue, questioned if there were any financial
assistance programs for lower income families.
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Proceedings of the Common Council – April 12, 2005
Gaella Bucholtz, 116 W. Irving Avenue, questioned if she would be charged in the future
for new concrete on the connecting street.
Mr. Wollangk responded.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the March 22, 2005 meeting were presented as written.
Council Member Mattox had corrections to the minutes.
The Report of the City Manager was read.
The bills were presented in the amount of $7,028,589.45.
The Report of the City Clerk was read.
Resolution 05-85Award Bid / Fence / Menominee Park (Straight Line Fence, Wittenberg,
$56,900.00)
Hugh Carver, 1121 Merritt Avenue, expressed his concerns that more fencing was being
added to the zoo.
Council Member Mattox questioned if there would be an update from the Parks Director on
the 2000 zoo plan.
Resolution 05-86Award Bid / Painting Fire Hydrants / Water Utility (Davies Services,
Appleton, Varies)
Council Member Mattox questioned if the winning bid was the only company that was
experienced in painting fire hydrants.
Council Member Poeschl questioned if the fire hydrants could be painted by local children
to save money.
Mr. Wollangk responded.
Resolution 05-87Award Bid / Public Works Contract No. 05-06 / Concrete Sidewalk
(Fischer-Ulman Construction, Appleton, $424,314.00)
Resolution 05-88Support Continued Community Services Block Grant / Core Funding /
ADVOCAP
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Mike Bonertz, Executive Director of ADVOCAP, urged Council to support the Block Grant
program.
Proceedings of the Common Council – April 12, 2005
Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding community
programs.
By Council consent the wording on Resolution 05-88 was changed from development to
services and the City of Oshkosh was added.
Resolution 05-89Approve Lease Agreement / Amphitheater at Riverside Park
Council Member B. Tower requested an explanation of the lease agreement and revenue
terms. He also questioned how Waterfest fits into the plan.
Brendan Bruss, representing PMI, explained the lease agreement. He stated he
supported a ticket tax except for Waterfest concerts.
Mr. Wollangk explained the ticket tax would be a facility charge and would be brought
before Council in the future.
Council Member Mattox asked for an explanation of the facility charge. She questioned
if PMI would purchase the concession equipment.
Mr. Wollangk responded.
Ken Wachter, 510 St. Mary’s Boulevard, representing PMI, responded.
Council Member Poeschl questioned how different events that are not put on by PMI
would be scheduled.
Resolution 05-90Approve Agreement / Payment in Lieu of Taxes / Camelot Court
Apartments
Hugh Carver, 1121 Merritt Avenue, questioned the agreement.
Resolution 05-91Authorize Participation in Wisconsin Home Rental Rehab Program
Resolution 05-92Grant Privilege in Street / 653 N. Main Street
Resolution 05-93Grant Conditional Use Permit / 448 N. Main Street
Resolution 05-94Approve & Execute Relocation Order; Determination of Necessity to
Acquire Property; Authorize Acquisition; Accept Easements; Dedicate
Street Right-of-Way / Wisconsin Street Bridge Reconstruction Project
Resolution 05-95Approve Final Resolution / Public Works Contract No. 05-05 / Concrete
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/ Utilities & Sidewalks / Various Streets
Council Member B. Tower questioned the construction of the old Mercy Medical Building.
Council Member Mattox questioned the petition filed from Otter Street residents to have
asphalt instead of concrete.
Proceedings of the Common Council – April 12, 2005
Mr. Wollangk and Mr. Patek responded.
Resolution 05-96Approve Municipal Flood Control Grant Applications
Hugh Carver, 1121 Merritt Avenue, expressed his concerns regarding the resolution.
Ken Bender, 806 Oak Street, stated his concerns of flooding in the area.
Mayor Harris gave an explanation of the resolution.
Resolution 05-97Approve Change Order No. 3 / Public Works Conrtact No. 03-04
(Strand Associates, Increase, $2,736.97)
Resolution 05-98Approve Change Order No. 2 / Public Works Contract No. 04-07
(Vinton Construction, Decrease, $395,045.40)
Resolution 05-99Approve Change Order No. 1 / Public Works Contract No. 04-19
(Jossart Brothers, Increase, $28,825.74)
Resolution 05-100Authorize $ 4,820,000 Storm Water Utility Revenue Bonds, Series
2005
Hugh Carver, 1121 Merritt Avenue, expressed his concerns with continuing to borrow.
John Lucas, 501 Stanley Avenue, urged Council not to put this project off.
Mayor Harris explained that the retention basins being built would improve the flooding
in the future.
Council Member Castle questioned when the retention basin would be built and the rate for
the bonds.
Mr. Wollangk responded.
Resolution 05-101Approve Salary / City Manager
Resolution 05-102Disallow Claim / Misevicz
Resolution 05-103Approve Miscellaneous Licenses
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MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 05-85
AND 05-93 (Castle; second, F. Tower)
CARRIED:Ayes (7) Mattox, Castle, B. Tower, Poeschl, Esslinger, F. Tower, Harris
Proceedings of the Common Council – April 12, 2005
Resolution 05-85Award Bid / Fence / Menominee Park
MOTION:ADOPT (F. Tower; second, Esslinger)
ADOPT:Ayes (5) F. Tower, Mattox, Castle, B. Tower, Harris;
Noes (2) Poeschl, Esslinger
Council Member Esslinger stated he would not support the new exhibit at the zoo. He
explained that the money could be used for other areas or reduce the admission to the zoo.
Resolution 05-93Grant Conditional Use Permit / 448 N. Main Street
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (6) Esslinger, F. Tower, Mattox, Castle, B. Tower, Harris;
Present (1) Poeschl
Council Member Poeschl explained he would vote present due to a relative was involved in
the request.
Action Taken on Ordinances and Resolutions
Ordinance 05-104Approve Leinweber Annexation / Town of Oshkosh
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-105Approve Voluntary Attachment / Rusch Sawyer Creek Attachment /
Town of Algoma
FIRST READING; LAID OVER UNDER THE RULES
Resolution 05-106WITHDRAWN
Citizen Statements
Ken Bender, 806 Oak Street, mentioned various good things about the community. He
expressed his concerns regarding the conditions of the streets. He stated he was
disappointed with the election turnout.
Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community.
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Hugh Carver, 1121 Merritt Avenue, stated the homeland security bill was up for renewal
before Congress. He gave a brief history of flooding in his area.
Council Member Statements
Council Member Poeschl thanked voters for supporting him and gave a brief history of
his term and various projects that he had supported. He thanked staff and fellow Council
Members for all their help. He stated he would like to see Pollock pool re-opened or a new
aquatic center.
Proceedings of the Common Council – April 12, 2005
Council Member Esslinger congratulated all the new candidates. He thanked Mayor Harris
and Council Member Poeschl for their service.
By Council Consent, the City Clerk was instructed to notify the pocket license holders and
invite then to the April 26 Council Meeting to give a status report on their plans for the
license.
Council Member Mattox stated she received a brochure for television turn off week, April
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25 – May 1. She informed citizens about oshkoshevents.com a website that lists local
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events. She stated April 20 the Grand Opera House was featuring another Oshkosh
stories on Helen Farnsworth Mears, who was considered to be the greatest woman sculptor
from Wisconsin and nationwide. She explained that for the last 78 years the women’s
federated clubs throughout Wisconsin sponsor an art contest in her honor, two years ago
we resurrected that contest here for seven and eighth graders, to be displayed at the Monk
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Gallery on April 16. She stated the museum will have an exhibit on Oshkosh sports that is
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closing May 1and April 23 the museum will have an opening of a World War II Navy Art
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exhibit and on April 24 is the Wood Carvers show. She informed citizens that in the last
buyers guide there was a copy of the Oshkosh Recreation Department’s calendar and
information on how to sign up for summer events. She discussed that the corner of
Jackson Street and New York Avenue is the second most dangerous intersection in the city
and that is a school crossing for kids. She reminded citizens to slow down and be cautious
of others.
Mayor Harris asked the Traffic Advisory Board to review the parking situation in the circular
drive at Pollock Pool.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated there would be a workshop after the meeting for council member
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orientation. He informed Council of the reorganizational meeting April 19 at noon. He
reminded citizens that yard waste must be put in the biodegradable bags.
There was no other business before the Council.
MOTION:RECESS UNTIL NOON ON APRIL 19, 2005 (F. Tower; second,
Esslinger)
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CARRIED:Ayes (7) F.Tower, Mattox, Castle, B. Tower, Poeschl, Esslinger, Harris
The meeting recessed at 8:00 p.m.
PAMELA R. UBRIG
CITY CLERK
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