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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, June 28, 2005 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Paul Esslinger, Shirley Mattox, Meredith Scheuermann,
Burk Tower, Bryan Bain, Frank Tower, William Castle
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member Esslinger read the Invocation.
The Pledge of Allegiance was led by Council Member Esslinger.
Consent Agenda
The minutes of the June 14, 2005 meeting were presented as written.
The Report of the City Manager was read.
Council Member Esslinger questioned the closing of the Court Street for the Leach
Amphitheater events.
Mr. Wollangk responded.
The bills were presented in the amount of $6,895,253.52.
The Report of the City Clerk was read.
Resolution 05-193Award Bid / 2005 & 2006 Medical Supplies / Fire Department
(Emergency Medical Products, Waukesha, Various)
Hugh Carver, 1121 Merritt Avenue, questioned the need for the supplies.
Mayor Castle responded.
Resolution 05-194Award Bid / Horizontal Feed Grinder / Sanitation Division
(Resource Recovery, Hartford, $165,000.00)
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Hugh Carver, 1121 Merritt Avenue, questioned the type of grinder.
Proceedings of the Common Council – June 28, 2005
James Keskinen, 1033 Arthur Avenue, questioned if this was the grinder that the city was
to purchase the prior year.
Mr. Wollangk responded.
Resolution 05-195Approve Change Order No. 1 / Refuse Enclosures
(RJM Construction, Increase, $1,800.00)
Resolution 05-196Grant Easement / 811 E. Murdock Avenue
Resolution 05-197Grant Conditional Use Permit; Approve Final Planned Developments:
A) 1856 Omro Road
B) 2300 Westowne Avenue
C) Pearl Avenue & Osceola Avenue
Resolution 05-198Approval of Modification No. 1 / South Shore Redevelopment Area
Project Plan
James Keskinen, 1033 Arthur Avenue, questioned the redevelopment of the area.
Mayor Castle responded.
Council Member Esslinger asked various questions of the plan.
Jackson Kinney, Director of Community Development, responded.
Resolution 05-199Determination of Necessity; Establish Fair Market Value; Authorize
Purchase of Same; Dedication for Street Purposes / Eichstadt Road
Extended
Resolution 05-200Approve Initial Resolution / Hot-Mix Asphalt Paving / Various Streets
Resolution 05-201Approve Initial Resolution / Asphalt Overlay / Omro Road
Resolution 05-202Approve Fund Transfer / CIP Program
Resolution 05-203Authorize Issuance of General Obligation Bonds & Promissory Notes
/ $93,000,000
James Keskinen, 1033 Arthur Avenue, expressed his concerns with borrowing money.
Hugh Carver, 1121 Merritt Avenue, stated his concerns regarding borrowing and
taxpayers
paying back the bonds.
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Ken Bender, 806 Oak Street, explained he was in favor of replacing the streets and new
lighting but not the antique lighting.
Proceedings of the Common Council – June 28, 2005
Resolution 05-204Approve Initial Resolution / Not Exceeding $28,000,000 General
Obligation Bonds
Resolution 05-205Direct Advertisement, Sale of Approximately $28,000,000 General
Obligation Corporate Purpose Refunding Bonds, Series 2005-D
Mayor Castle asked for an explanation of the bonds.
Mr. Wollangk responded.
Resolution 05-206Authorize Borrowing / State Trust Fund
Resolution 05-207Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS
05-197(C) AND 05-203 (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Esslinger, F, Tower, Mattox, Scheuermann, B. Tower, Bain,
Castle
Resolution 05-197Grant Conditional Use Permit; Approve Final Planned Developments:
C) Pearl Avenue & Osceola Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (5) Esslinger, F. Tower, Mattox, Scheuermann, Castle;
Present (2) B. Tower, Bain
Council Member B. Tower stated he would be voting present due to his employer being
involved.
Council Member Bain stated he would vote present due to his employer being involved.
Resolution 05-203Authorize Issuance of General Obligation Bonds & Promissory Notes
/ $93,000,000
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (5) Mattox, Scheuermann, B. Tower, Bain, Castle;
Noes (2) Esslinger, F. Tower
Council Member F. Tower stated he would not support the resolution due to the funds
were not needed at this time.
Council Member B. Tower explained this was not an expenditure resolution but the ability
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to borrow in the future if needed.
Council Member Bain questioned how the amount was arrived at and if passed would the
items be approved in the Capital Improvement Program in fall.
Proceedings of the Common Council – June 28, 2005
Council Member Esslinger explained if the resolution did not pass the Council would have
to have referendums on the ballots to borrow money in the future. He stated he would not
support the resolution.
Council Member Mattox questioned if the resolution did not pass would city projects be
delayed.
Mayor Castle stated this was a smart decision and would support the resolution.
Mr. Wollangk responded.
Public Agenda Discussion
Ordinance 05-208Repeal Oshkosh Human Relations Council
James Keskinen, 1033 Arthur Avenue, stated he was in favor of the Human Relations
Council.
Action Taken on Ordinances and Resolutions
Ordinance 05-208Repeal Oshkosh Human Relations Council
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) Esslinger, F. Tower, Mattox, Scheuermann, B, Tower, Bain,
Castle
Council Member Mattox explained this was a wise move and stated the group had
accomplished a great deal for the community.
Ordinance 05-209Approve Zone Change / 425 N. Washburn Street & Lot South of &
Adjacent to 425 N. Washburn Street
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 05-210Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 05-211Grant Conditional Use Permit; Approval Final Planned Development /
1701 Fountain Avenue
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MOTION:ADOPT (Esslinger; second, F. Tower)
LOST:Noes (7) Esslinger, F. Tower, Mattox, Scheuermann, B. Tower, Bain,
Castle
Council Member Mattox explained the Plan Commission had recommended against the
request and since that meeting, the applicant did not provide any additional information.
She stated she would not support the resolution.
Proceedings of the Common Council – June 28, 2005
Council Member B. Tower stated he read the report and there were issues not resolved
and he would not support at this time.
Council Member F. Tower stated given the Plan Commission recommendation he would
not be voting in favor.
Council Member Bain stated he would not support the request for reasons stated by
Council members.
Mayor Castle stated he would be voting no for reasons stated by Council members
Council Member Esslinger explained there were unresolved issues and would not support.
Citizen Statements
Daniel Lynch, 310 S. Eagle Street, expressed his concerns regarding underage smoking.
James Keskinen, 1033 Arthur Avenue, stated his various concerns in the community.
Janet Moldenhauer, 1845 Wisconsin Street, expressed her concerns regarding the lack of
planning for community activities.
Steve Hunt, 508 Hobbs Avenue, expressed his displeasure regarding the improvements
on his street and invited Council to look at the situation.
Ken Bender, 806 Oak Street, stated he was concerned with his re-assessment of his
property.
Gordon Doule, 1225 Summit Avenue, stated various concerns in the community.
Hugh Carver, 1121 Merritt Avenue, stated various concerns in the community.
Council Member Statements
Mayor Castle questioned the procedure for a smoking complaint. He questioned how the
hardship clause was being handled.
Council Member Scheuermann questioned what type of complaints had occurred with the
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smoking ban. She stated she would like to discuss the Five Rivers project, have an
update on the Hobbs Avenue, and discuss the conduct of citizens during statements at
the next meeting.
Council Member B. Tower asked for clarification of the meaning private club regarding the
smoking ordinance.
Council Member Bain questioned how citizens could bring legal action to enforce the
smoking ordinance.
Proceedings of the Common Council – June 28, 2005
Mayor Castle questioned if the majority of Council passed a new smoking ordinance
would it supercede the current ordinance.
Mr. Wollangk responded.
Ms. Lorenson responded.
Council Member Mattox explained the Museum’s Annual Art Fair would be on Sunday,
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July 10 from 9:00 a.m. to 4:00 p.m., and the Paine Art Center would have their Faire on
the Green. She stated the Grand Opera House would announce their new season on
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Saturday July 9 at Opera House Square from 1:00 p.m. to 4:00 p.m. at the event called
“Get the Grand’s Scoop” and Culver’s would provide custard. She explained there would
be different entertainment for all to enjoy. She reminded citizens about Sawdust Days
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from June 30 – July 4 with the theme of LouWISiana Hot Sauce featuring Cajun food
and entertainment. She commended Mickey and Lori Noone for sustainable use of the
abandoned Soo Line property. She thanked the Company Store and Lenox China Store
for their years of service prior to closing.
Council Member Esslinger questioned if it was inappropriate for Mr. Patek to respond to
the Hobbs Street improvements. He congratulated his neighbor on finding the second
Sawdust Days button.
Ms. Lorenson responded.
Whatever Else is Pertinent or for the Good of the City
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Mr. Wollangk stated the fireworks would be July 3 with a rain date of July 4. He gave a
power point presentation on the city wide re-assessment process.
Council Member Bain questioned the software the assessor’s office used and if it was
comparable to other cities.
Council Member Mattox questioned what factors determine a change in the assessment.
She questioned if a house that sold for less than the assessed value would that sale price
become the assessed value or if a house sold for more would the assessment increase.
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Council Member F. Tower questioned what department at the state level would be in
charge of assessments. He thanked Mr. Wollangk for his presentation but stated he
would have liked to seen it prior to the notices being mailed.
Council Member Esslinger questioned if the city could have an income tax instead of
property tax. He stated he would like to see the reassessment every 2 years.
Council Member Scheuermann thanked Mr. Wollangk for his presentation.
Council Member B. Tower stated there were many factors involving the process for the
reassessment.
Proceedings of the Common Council – June 28, 2005
Mayor Castle thanked Mr. Wollangk for his presentation and stated if it had been prior to
the assessments being mailed there may not have been as much confusion.
MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE
STATUS PRESENT AND PERSPECTIVE REGARDING THE
CITY MANAGER PURSUANT TO SECTION 19.96(1)(c) OF
THE WISCONSIN STATE (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Bain, Castle
MOTION:ADJOURN (F. Tower; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 8:30 p.m.
PAMELA R. UBRIG
CITY CLERK
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