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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, May 24, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Burk Tower, Bryan Bain, Paul Esslinger, Frank Tower,
Shirley Mattox, Meredith Scheuermann, 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 B. Tower read the Invocation.
The Pledge of Allegiance was led by Ken Bender.
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A proclamation was presented by Mayor Castle declaring June 12, 2005 as “12 Annual
Race for Unity” in the City of Oshkosh.
Consent Agenda
The minutes of the May 24, 2005 meeting were presented as written.
The Report of the City Manager was read.
Mayor Castle questioned the closing of Pioneer Drive.
Mr. Wollangk responded.
The bills were presented in the amount of $6,127,697.05.
The Report of the City Clerk was read.
Resolution 05-148Award Bid / Truck Chassis / Street Division (Packer City International,
Appleton, Various)
Resolution 05-149Award Bid / Truck Dump Bodies / Street Division (Various)
Resolution 05-150WITHDRAWN
Resolution 05-151Award Bid / Skid Steer Loader / Street Division (Bobcat of Appleton,
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Appleton, $41,206.00)
Proceedings of the Common Council – May 24, 2005
Resolution 05-152Award Bid / Rehab Project / Oshkosh Transit System (Capelle Bros. &
Diedrich, Fond du Lac, $86,710.00)
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Resolution 05-153 Approve Agreement / 1 E. 8 Avenue
Resolution 05-154Grant Privilege in Street / W. Waukau Avenue, Adjacent to 370 W.
Waukau Avenue
Resolution 05-155Grant Easement / Ceape Avenue Parking Lot
Resolution 05-156Grant Conditional Use Permit; Approve Final Planned Development /
222 Church Avenue
Resolution 05-157Approve Preliminary Plat / Edgewood Village
Resolution 05-158Approve Change Order No. 1 / Public Works Contract No. 04-09
(Ripon Lime & Materials, Increase, $4,499.46)
Resolution 05-159Approve Winnebago County Recycling Surplus Ballot
Resolution 05-160Accept Revised Fare Structure
Resolution 05-161Approve Lease Agreement / Amusement Rides at Menominee Park /
Calkins Midways, Inc.
Council Member Bain questioned the cost of the rides and if the commission was
consistent with competition.
Council Member Mattox questioned if park staff would be operating the rides and if the
bookkeeping would be separate for rides that were owned verse leased.
Mr. Stephany, Parks Director, responded.
Council Member Esslinger stated he would like to see a few small amusement rides at the
park.
Resolution 05-162Disallow Claim / Plonsky
Resolution 05-163Disallow Claim / Prelipp
Resolution 05-164Approve Appointments
Resolution 05-165Approve Miscellaneous Licenses
Council Member Esslinger questioned the liquor license being held by Ganther
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Management.
Proceedings of the Common Council – May 24, 2005
Mayor Castle questioned when the license year would begin for licenses that were
granted but not issued. He asked various questions regarding different license scenarios.
Mr. Kraft responded.
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 05-153
AND 05-160 (Esslinger; second, F. Tower)
CARRIED:Ayes (7) B. Tower, Bain, Esslinger, F. Tower, Mattox, Scheuermann,
Castle
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Resolution 05-153 Approve Agreement / 1 E. 8 Avenue
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (6) B. Tower, Bain, F. Tower, Mattox, Scheuermann, Castle;
Present (1) Esslinger
Council Member Esslinger explained he would vote present due to a client of his being
involved.
Resolution 05-160Accept Revised Fare Structure
MOTION:ADOPT (Esslinger; second, F. Tower)
MOTION:AMEND FARES FOR W-2 TO $2.50 AND THE NEENAH
ROUTE FROM $1.50 TO $2.00. (Bain, second, Esslinger)
WITHDRAWN
MOTION:LAYOVER UNTIL JUNE 14, 2005 (Bain, second, Esslinger)
CARRIED:Ayes (7) B. Tower, Bain, Esslinger, F. Tower, Mattox, Scheuermann,
Castle
Council Member Bain questioned when the rates were last increased. He questioned the
difference between W-2 and rural routes. He also questioned what the process would be
to create an additional route.
Mr. Wollangk responded.
Council Member Esslinger explained the number of riders generates the income. He
stated he would like the resolution laid over until Mr. Huddleston would have the
opportunity to explain.
Public Agenda Discussion
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Reconsidered Resolution 05-132Approve Preliminary Plat / Casey’s Meadow
Chet Wesenberg, 3162 Hayward Avenue, gave a brief history of the land and explained
that it exceeds all standards. He explained the plans for the development and addressed
concerns that residents had in the area.
Proceedings of the Common Council – May 24, 2005
Steve Grey, 1531 Wellington Court, thanked Mr. Wesenberg for his effort in working with
the area residents. He stated the plan was acceptable but staff may have some concerns
with the layout. He stated he hoped the developer would continue to work with the
residents.
Chuck Hable, 3071 Mockingbird Way, questioned the traffic counts for the intersection of
Oakwood Avenue and Ruschfield Drive. He expressed his concerns regarding the wear
on the street from construction traffic. He stated he would like to see staff work with the
developer on issues.
Kenneth Neubauer, 2997 Clairville Road, expressed his concerns regarding the new
development.
Tom Rusch, 3801 State Road 21, gave a history of the development over the years and
examples of working in different areas of the community. He stated he would answer
questions of the Council.
Council Member Esslinger questioned the taxbase for the new development.
Council Member Scheuermann questioned the yards of fill that would be needed. She
questioned if an entrance from Clairville Road could be used to transport the construction
equipment.
Russ Corcoran, 3150 Sawyer Creek Drive, questioned the lot sizes and which ones were
more desirable.
Tim Rusch, 1400 Broderick Road, Omro, explained the need for various size lots and
meeting the needs of the market.
Cheryl Spaulding, 3295 Meadowbrook Road, expressed her concerns regarding the lot
sizes and stated she would like to see only a small percentage of the lots at the minimum
size requirements.
Mayor Castle explained that the development met city standards.
Action Taken on Ordinances and Resolutions
Ordinance 05-166 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
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Ordinance 05-167 Amend Ordinance / Allow Boat Launch Rangers to Issue Citations
FIRST READING; LAID OVER UNDER THE RULES
Proceedings of the Common Council – May 24, 2005
Resolution 05-168Approve Operator License / Johnson
MOTION:ADOPT (F. Tower; second, Esslinger)
LOST:Noes (7) B. Tower, Bain, Esslinger, F. Tower, Mattox, Scheuermann,
Castle
Mayor Castle explained that staff recommended not approving the license.
Police Chief Erickson responded.
Council Member Esslinger questioned if the individual was charged and convicted at the
time of selling drugs.
Mr. Kraft responded.
Resolution 05-132Approve Preliminary Plat / Casey’s Meadow
MOTION:RECONSIDER RESOLUTION 05-312 - APPROVE PRELIMINARY
PLAT / CASEY’S MEADOW (Castle; second, Esslinger)
CARRIED:Ayes (7) B. Tower, Bain, Esslinger, F. Tower, Mattox, Scheuermann,
Castle
MOTION:ADOPT (Esslinger; second, Bain)
CARRIED:Ayes (6) B. Tower, Esslinger, F. Tower, Mattox, Scheuermann, Castle
Noes (1) Bain
Council Member Esslinger congratulated Mr. Rusch and Mr. Wesenberg for working with
the neighbors. He stated a lot of the traffic in the surrounding area would be from the
residents in the neighborhood. He explained different traffic calming procedures.
Mayor Castle questioned if there would be traffic counts in the area and who would be
responsible for the street if repair was needed due to the excess wear from work
equipment.
Mr. Wollangk and Mr. Patek responded.
Council Member Scheuermann expressed her concerns regarding the traffic counts and
the capacity to handle traffic. She stated she was pleased to see that the residents
brought forth their concerns and met with the developer to collaborate. She stated she
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was still concerned with the access but learned a lot in the past couple weeks and would
support the plat. She explained the developer would be working with staff regarding traffic
calming procedures.
Council Member B. Tower expressed his concerns regarding different traffic count
numbers.
Proceedings of the Common Council – May 24, 2005
Council Member Mattox questioned if the development would have covenants. She
questioned if the City Forester would be involved in the development to have trees
planted in terraces and if trees could be part of the covenant. She expressed her
concerns regarding safety of the children crossing the trail to go to Traeger School. She
explained she would like to be pro-active regarding the design of the plat.
Mr. Patek responded.
Mr. Kraft responded.
Council Member Bain stated he appreciated all the discussion from the residents. He
expressed his concerns regarding the fill being brought in from Clairville Road but not
being able to use the road as an access. He stated he was not opposed to the lot sizes or
development but would not support at this time.
Council Member F. Tower stated progress had taken place with the developer and
neighbors and that he would support the plat.
Citizen Statements
Ken Bender, 806 Oak Street, stated the Council represents the taxpayers and taxpayers
should have the opportunity to speak. He questioned when a permit was needed to park
construction vehicles on the street. He expressed his concerns with the inspections
department.
Chuck Hable, 3071 Mockingbird Way, stated he was proud to live in Oshkosh. He
questioned if traffic lights could be changed at certain intersections to flash for a longer
period of time in the morning.
Council Member Esslinger explained the logic of the lights and stated he would look into
the intersections.
Council Member Statements
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Council Member Bain invited citizens to a Forum on May 31at 7:00 p.m. at the Oshkosh
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Public Library. He also stated the South Shore Expansion open house would be May 25
at 4:00 p.m. at the Senior Center.
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Council Member Mattox explained starting June 1 the Downtown Bid District would
support music and lunch every Wednesday in Opera House Square. She stated Charles
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Ross would be doing his Star Wars one man trilogy on June 3 at the Grand Opera
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House. She reminded citizens that June 4 was the Gallery Walk from 6:00 p.m. to 9:00
p.m. and the open house at the Leach Amphitheater.
Council Member B. Tower stated there would be Senior Softball games held on June 10,
11 & 12, 2005. He explained the tree program sponsored by the parks department and
the adopt a flower bed program by the forestry division.
Proceedings of the Common Council – May 24, 2005
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Mayor Castle stated he was present for the Webster Stanley 50 year celebration. He
encouraged citizens to attend the public open house of the Leach Amphitheater on June
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4. He stated the media brought to his attention there had been a ruling on the smoking
ordinance.
Mr. Kraft explained that the temporary injunction was lifted that prohibited the city of
enforcing the smoking ban.
Council Member Esslinger asked various questioned regarding referendum wording and if
a citizens group could put together a petition.
Council Member Bain questioned how the public would be notified of the smoking ban.
Council Member B. Tower questioned when the ban would go into effect.
Mr. Kraft responded.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated Representative Gregg Underheim would be available after the next
Council meeting to discuss budget issues.
There was no other business before the Council.
MOTION:ADJOURN (F. Tower; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 7:55 p.m.
PAMELA R. UBRIG
CITY CLERK
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