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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, April 26, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Shirley Mattox, Meredith Scheuermann, Burk Tower, Bryan
Bain, Paul Esslinger, Frank Tower and William Castle
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 Jenna Aman, Alyssa Brown and Brian Brown from
Emmeline Cook Elementary School; and, Elliot Dyer from Oaklawn Elementary School.
A proclamation was presented by Mayor Castle declaring March 14, 2005 as “Oshkosh
Letter Carriers Food Drive” in the City of Oshkosh.
A proclamation was presented by Mayor Castle declaring May 5, 2005 as “Day of Prayer”
in the City of Oshkosh.
Public Hearing
The Mayor ordered the following Public Hearing:
Approve Zone Change / 1856 Omro Road
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the April 12 and 19, 2005 meetings were presented as written.
The Report of the City Manager was read.
Council Member F. Tower questioned the programming for the dates of the request for
Grand Opera House Square.
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Jenni Ryan, 520 Algoma Boulevard, gave an explanation of what events were planned.
Proceedings of the Common Council – April 26, 2005
The bills were presented in the amount of $9,975,414.70.
The Report of the City Clerk was read.
Resolution 05-107Award Bid / Phone Switch Upgrade / City Hall (TSG, Wheaton, IL,
$51,700.00)
Resolution 05-108Approve Increase - Petty Cash Fund / Senior Center
Resolution 05-109Approve Application for Funds for 2006 / Senior Center
Resolution 05-110Approve Change Order No. 1 / Public Works Contract No. 04-12
(Vinton Construction, Increase, $143,073.94)
Council Member B. Tower questioned if there was a surplus in funding to cover the
increase.
Mr. Wollangk responded.
Resolution 05-111Approve Agreement / Department of Transportation / Intersection of
Jackson Street & Murdock Avenue
Hugh Carver, 1121 Merritt Avenue, expressed his concerns of the funding for the
project.
Mayor Castle questioned when the project would take place.
Mr. Wollangk responded.
Resolution 05-112Amend Final Resolution 05-95 / Concrete Paving, Sidewalk & Utilities
/ East Parkway Avenue, Oak Street, & Evans Street
Council Member Mattox questioned if another street project would be moved up due
to East Parkway being delayed.
Council Member B. Tower questioned if the project did not take place where would the
funding go.
Mr. Wollangk responded.
Resolution 05-113 Authorize Police Department Grant / Youth Enforcement Project /
Comprehensive Alcohol Risk reDuction (CARD)
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Resolution 05-114Grant Privilege in Street / West 6 Avenue; Adjacent to 228 West 6
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Avenue
Proceedings of the Common Council – April 26, 2005
Resolution 05-115Vacate Portion of Easement; Grant Easement; Modify Easement
Agreement / Riverside Park
Resolution 05-116Dedicate Street Right-of-Ways:
(A) Dawes Street Extended
(B) Pearl Avenue
(C) Riverway Drive
Council Member Mattox questioned the naming of Riverway Drive.
Mr. Wollangk responded.
Resolution 05-117Approve Project Plan Amendment No. 1 / Tax Increment District No. 8
/ South Aviation Industrial Park
Resolution 05-118Approve Project Plan Amendment No. 3 / Tax Increment District No.
13 Marion Road / Pearl Avenue Redevelopment
Resolution 05-119Name Riverside Park Amphitheater
Mayor Castle explained the naming of the amphitheater would be after the Leach family in
recognition of their contribution to the theater.
Resolution 05-120Disallow Claim / Beckman-Mogenburg
Resolution 05-121Approve Appointments
Resolution 05-122Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA (Esslinger; second, Bain)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Public Agenda Discussion
Ordinance 05-129Amend Various Park Fees / Zoo Admission Charges
Jim Leuthold, 911 Windward Court, President of the Oshkosh Zoological Society, stated
the zoo entrance fees should remain the same. He explained the fees help the exhibits
and improvements at the zoo.
Hugh Carver, 1121 Merritt Avenue, stated he does not support a zoo entrance fee.
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Heidi Strand, 1127 Mount Vernon Street, stated the Parks Department and/or the
Oshkosh Zoological Society should have been contacted regarding a proposed fee
change. She explained the entrance fees pay for the zoo’s growth and it is an asset to the
community.
Proceedings of the Common Council – April 26, 2005
Resolution 05-130Approve Extraterritorial Preliminary Plat / Stonebrook Fields
Jay Boss, 3192 Brooks Road, stated he was the owner of the property and gave an
explanation of the area and plans for future development.
Attorney Doug Marone, 107 Church Avenue, representing Jay Boss explained the
development of the surrounding area and the conflict with the town and city.
Action Taken on Ordinances and Resolutions
Ordinance 05-123 Approve Leinweber Annexation / Town of Oshkosh
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Council Member Bain explained his vote at the Plan Commission and stated the property
would prevent some of the stormwater run-off and at this time he would support the
annexation.
Council Member Mattox explained the Plan Commission did not understand the scenario
in the beginning but stated she would support the annexation. She stated a portion would
be for the road extension in the future.
Ordinance 05-124 Approve Voluntary Attachment / Rusch Sawyer Creek Attachment /
Town of Algoma
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
Ordinance 05-125 Approve Increase / Health Services – Weights & Measures Fees
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-126Approve Zone Change / 1856 Omro Road
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-127Approve Parking Regulations
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FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-128Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council – April 26, 2005
Ordinance 05-129Amend Various Park Fees / Zoo Admission Charges
FIRST READING
MOTION:SUSPEND RULES FOR CONSIDERATION (Esslinger; second,
B. Tower)
CARRIED:Ayes (6) Mattox, Scheuermann, B.Tower, Bain, Esslinger, Castle;
Noes (1) F. Tower
MOTION:ADOPT(Esslinger; second, Bain)
LOST:Ayes (1) Esslinger;
Noes (6) Mattox, Scheuermann, B. Tower, Bain, F. Tower, Castle
Council Member Esslinger stated there was a study that showed citizens would like lower
zoo fees. He explained the more exhibits that are available at the zoo would require more
maintenance and staff.
Council Member F. Tower stated he would like to see the zoo move forward and that he
would not support the fee change.
Mayor Castle stated he would not support the change.
Council Member Mattox questioned the fee for a family season pass.
Council Member B. Tower explained the fees were not too high and stated the
improvements were good.
Council Member Scheuermann explained she would not support decreasing the zoo fees.
Council Member Bain asked various questions of the Parks Director. He stated he would
not support lowering the fees and that the zoo added value to the community.
Mr. Stephany, Parks Director responded.
Resolution 05-130Approve Extraterritorial Preliminary Plat / Stonebrook Fields
MOTION:ADOPT (F. Tower; second, Esslinger)
LOST:Noes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
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Castle
Council Member Bain asked various questions regarding the preliminary plat and why the
Plan Commission did not approve of it. He stated he would not support the plat due to the
noncompliance with the comprehensive plan.
Proceedings of the Common Council – April 26, 2005
Council Member Mattox questioned if the town planned on becoming full service and
develop their own town center. She questioned how property owners deal with this type of
situation. She stated as part of the Plan Commission she voted against it and she would
not support the resolution. She hoped in the future there would be a boundary
agreement.
Mayor Castle questioned if the plat was not approved what would be the next step.
Council Member F. Tower questioned if there had been a boundary agreement between
the city and town would there be more flexibility for the communities for growth and
development. He explained he would vote against the plat but would like to see a border
agreement with the two entities.
Mr. Kinney, Director of Community Development responded.
Council Member Scheuermann questioned the timeline for a boundary agreement. She
explained she had reviewed the area and asked various questions prior to making her
decision to vote against the plat.
Council Member B. Tower stated he would not support the resolution.
Council Member Esslinger explained that he would not support the plat. He questioned
why the plat was before the Council when the Plan Commission had voted against it.
Mr. Wollangk responded.
Citizen Statements
Dee Durkee, 1416 Beech Street, expressed her concerns regarding sex offenders in the
community.
Doc Sonnleitner, 1218 Jackson Street, explained there would be a ground breaking for a
Veterans Museum in June. He reminded citizens that the Memorial Day procession would
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be held May 30. He stated that he would be retiring from planning the Fourth of July
parade after fourteen years and his co-chair Rick Wing would be taking over.
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Rick Wing, 923 Taft Avenue, gave a history of the parade and welcomed everyone to
participate in the event.
Robert Cornell, 548 W. Smith Avenue, congratulated the Mayor and the new Council
Members and reminded them to stay focused on the upcoming year. He explained that he
would like to see the yard waste drop off permit fee raised to cover the cost of running the
facility. He also expressed his concerns regarding voter turnout for the past election and
citizen statements.
Gordon Doule, 1225 Summit Avenue, expressed various concerns in the community.
Proceedings of the Common Council – April 26, 2005
Council Member Statements
Council Member Esslinger questioned Mr. Kraft on the procedure for license holders to
answer questions of the Council.
Mr. Kraft responded.
Ganther Management / 100 North Main Street
Ben Ganther, 6030 County Road A, explained he had a letter of intent to open a Cranky
Pat’s Pizzeria.
Council Member Esslinger questioned the timetable for opening.
Wisconsin Farms / 2450 S. Washburn Street
Michele Ubrig, 3101 Bellfield Drive, stated the business was closed and it was up for sale
and that the license was an important asset.
Council Member Esslinger questioned if it was sold to a party that did not want a liquor
license what would happen.
Council Member B. Tower questioned the time frame.
Mayor Castle questioned if the time frame for the license starts when a business closes or
after the renewal of the license.
Council Member Esslinger questioned if there was a representative present from the
Fever Pitch Entertainment group and what would happen to the license if it was not
renewed.
Mr. Kraft responded.
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Mr. Wollangk responded.
Council Member Scheuermann questioned if there was a late fee for not renewing
licenses on time.
Ms. Ubrig responded.
Council Member Mattox stated there was a new Harry Potter book coming out and the
Oshkosh Public Museum was going to have fund-raiser event to sponsor that. She
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explained the Art Gallery walk was May 7 and there would be 29 entities open including
the Oshkosh Public Library. She stated the Wisconsin Historic Society purchased some
historic photos on the internet and they would be on display at the Gallery Walk. She
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reminded citizens that Arbor Day was April 29. She stated the first week in May was
teacher appreciation week.
Proceedings of the Common Council – April 26, 2005
Council Member Esslinger questioned what the fee would be to use the amphitheater for
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graduation ceremonies. He informed the community of the 3 Annual Antique Appraisal
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Show at the Senior Center Annex on April 30.
Mr. Wollangk responded.
Mayor Castle stated he attended a presentation at Oshkosh North High School to honor
graduate Jeff McAndrew and complimented the students on their behavior. He also
attended the World War II art opening at the Oshkosh Public Museum and stated it was a
great program.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk reminded the citizens that there would be an informational meeting on the
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Anchorage Basin on Wednesday May 4 from 4:30 p.m. to 6:30 p.m.
MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE FOR DELIBERATING AND
NEGOTIATING A LAND ACQUISITION REGARDING HIGHWAY 41
IMPROVEMENT AND REALIGNMENT PURSUANT TO SECTION
19.85(1)(e) OF THE WISCONSIN STATE STATUTES
(F. Tower; second, Esslinger)
CARRIED:Ayes (7) Mattox, Scheuermann, B. Tower, Bain, Esslinger, F. Tower,
Castle
There was no other business before the Council.
MOTION:ADJOURN (F. Tower; second, Bain)
CARRIED:VOICE VOTE
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The meeting adjourned at 8:05 p.m.
PAMELA R. UBRIG
CITY CLERK
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