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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday March 28, 2006 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Bryan Bain, Paul Esslinger, Frank Tower, Shirley Mattox,
Meredith Scheuermann, Burk 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 Bain read the Invocation.
The Pledge of Allegiance was led by Thomas Bates and Matthew Wollersheim from Martin
Luther School, and; Michael DeWane and Mac Danielson from St. John Neumann Middle
School.
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A proclamation was presented by Mayor Castle declaring March 28 as “Oshkosh West High
School Wildcats Day” in the City of Oshkosh.
Public Hearings
The Mayor ordered the following Public Hearings:
Amended Final Resolution / Sidewalk Repair & Concrete Driveway Approaches /
Ontario Street / Wisconsin Street
There were no appearances and the Public Hearing was CLOSED
Final Resolution Vacating Portion of Bauman Street / Van Buren Avenue to Taft
Avenue
There were no appearances and the Public Hearing was CLOSED
Zone Change / Intersections of Jackson Drive & Logan Drive
Ralph Racette, 2195 State Road 21, stated he was present to answer questions and
requested Council to waive the rules and adopt the zone change.
There were no other appearances and the Public Hearing was CLOSED.
Consent Agenda
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The minutes of the March 28, 2006 meeting were presented as written.
Proceedings of the Common Council – March 28, 2006
The Report of the City Manager was read.
Council Member Esslinger expressed his concerns regarding a street closing for a wedding
procession.
The bills were presented in the amount of $3,518,179.16.
Resolution 06-112Award Bid / Truck Chassis & Refuse Bodies / Sanitation Division
(Various)
Council Member Mattox expressed her concerns regarding the purchase of garbage trucks
at this time when unsure of the garbage collection status.
Mr. Wollangk responded.
Resolution 06-113Award Bid / Public Works Contract No. 06-06 / Concrete Sidewalk /
New & Reconstruction (Fischer-Ulman Construction, Appleton,
$378,262.50)
Resolution 06-114Approve Amended Final Resolution / Sidewalk Repair & Concrete
DrivewayApproaches / Ontario Street / Wisconsin Street
Resolution 06-115Approve Sidewalk Program
Mark Phillip, 1001 Buchanan Avenue, expressed his concerns regarding the removal of mature
trees and existing fences.
Don Schettle, 1021 Bauman Street, explained he was concerned with the street being
relocated to accommodate the sidewalk.
Council Member Mattox asked various questions regarding sidewalks and the size of terraces.
She stated she would like city officials to discuss with neighbors the options of moving fences,
bushes, and flowers.
Council Member Bain questioned the location of the sidewalks and how the individuals were
notified of the next steps. He expressed his concerns regarding the loss of trees, shrubs, and
fencing.
Council Member B. Tower questioned what trees would be removed and what the Council was
approving at this time.
Council Member Esslinger questioned the grade and the center of the right of way.
Council Member Scheuermann questioned the zoning ordinance regarding sidewalks being
built to close to the homes. She questioned if there was a request to have sidewalks installed.
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Council Member F. Tower questioned if the road was reconstructed first would this change the
location of the sidewalk. He stated it was a goal to have sidewalks on all city streets.
Proceedings of the Common Council – March 28, 2006
Mayor Castle explained it was appropriate to place sidewalks in that area.
Mr. Patek responded.
Mr. Wollangk responded.
Rick & Lisa Czajka, 915 Bauman Street, expressed their concerns regarding the location
of the sidewalks and they would like to see the road improved first.
Resolution 06-116Accept Easements / Fox River Corridor Riverwalk Plan / 1000 Pioneer
Drive
Ken Bender, 806 Oak Street, questioned if fishing would be allowed in the new riverwalk
area.
Resolution 06-117Approve Determination of Boundaries; Approval of Near East
Neighborhood Redevelopment Plan
Council Member Bain questioned if the approval of the plan would change any ordinances.
Council Member Scheuermann explained she had requests for a community wide trash
removal day.
Mr. Wollangk responded.
Resolution 06-118Grant Conditional Use Permits:
(A) 900 North Koeller Street
(B) Jackson Drive at Logan Drive
Council Member Bain asked for further explanation of the landscape plan.
Council Member Mattox questioned if there were design standards and if a storm water basin
had been considered.
Darryn Burich, Principal Planner responded.
Jeff Kowalik, representing North Central Construction, gave an explanation of the construction.
Resolution 06-119Authorize Grant Application / Assistance to Firefighters Grant
Resolution 06-120Disallow Claim / Facundo
Resolution 06-121Disallow Claim / Schroeder
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Proceedings of the Common Council – March 28, 2006
Resolution 06-122Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING SHELTER WALK
REQUEST ON CITY MANAGER’S REPORT AND RESOLUTION 06-
112 (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F, Tower, Mattox, Scheuermann, B. Tower,
Castle
CITY MANAGER’S REPORT / SHELTER WALK
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) Esslinger, F. Tower, Mattox, Scheuermann, B. Tower, Castle;
Present (1) Bain
Council Member Bain stated he would vote present due to his involvement with the Animal
Shelter.
Resolution 06-112Award Bid / Truck Chassis & Refuse Bodies / Sanitation Division
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) Bain, Esslinger, F. Tower, Scheuermann, B. Tower, Castle;
Noes (1) Mattox
Public Agenda Discussion
Ordinance 06-123 Amend Building & HVAC Code Provisions
Ken Bender, 806 Oak Street, expressed his concerns with the amendment.
Action Taken on Ordinances and Resolutions
Ordinance 06-123 Amend Building & HVAC Code Provisions
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
Council Member Mattox questioned if there was a committee of contractors that brought forth
changes.
Council Member B. Tower questioned if there were concerns with the new regulations and fee
increases.
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Council Member Scheuermann questioned how the fees were determined.
Mayor Castle questioned if the inspectors would do an in depth inspections when called to
check on a specific area.
Proceedings of the Common Council – March 28, 2006
Allyn Dannhoff, Director of Inspection Services responded.
Ordinance 06-124 Amend Electrical Code Provisions
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
Ordinance 06-125 Approve Fee Increases / Inspection Division
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
Ordinance 06-126 Amend Public Nuisance Code Provisions / Outdoor Furnaces, Stove &
Boilers / Weed Cutting & Lawn Care
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
Ordinance 06-127 Approve Zone Change / Intersections of Jackson Drive & Logan Drive
FIRST READING
MOTION:SUSPEND RULES FOR CONSIDERATION (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower,
Castle
Council Member F. Tower questioned if staff had concerns with the suspension of the rules
and adoption.
Resolution 06-128 Approve Final Resolution Vacating Portion of Bauman Street /
Van Buren Avenue to Taft Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower
Present (1) Castle
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Mayor Castle explained he would vote present due to owning property on Bauman Street.
Proceedings of the Common Council – March 28, 2006
Resolution 06-129 Authorize Disposition of Surplus Property / Vacated Bauman Street
Right-of-Way / Van Buren Avenue to Taft Avenue
MOTION:ADOPT (F. Tower; second, Esslinger)
CARRIED:Ayes (6) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B. Tower;
Present (1) Castle
Mayor Castle explained he would vote present due to owning property on Bauman Street.
Citizen Statements
Marilyn Anderson, 2540 Havenwood Drive, explained all taxpayers should have garbage
pickup.
Robert Cornell, 548 W. Smith Avenue, gave a brief history of the garbage collection for the
condominium situation. He explained he would rather pay the city than a private business for
pickup.
Ken Bender, 806 Oak Street, stated various concerns of the community.
Gordon Doule, 1225 Summit Avenue, stated his support for the Christmas Box Angel statue.
He thanked the Oshkosh Community Access Television for their hard work.
Donald Tritt, 2336 Wisconsin Street, expressed his concerns regarding the change in
garbage pickup.
Suzie Canziani, owner of apartments in Oshkosh, stated she would like to see the city pick-up
all trash and charge a fee. She expressed various concerns regarding the future pickup
changes.
Steven Everding, 735 N. Westfield Street, explained he was pleased to see the Council
support the Christmas Box Angel statue. He expressed his concerns regarding loud music
from automobiles.
Lisa Chika, 915 Bauman Street, questioned how residents are informed when their street or
sidewalk is in need of improvement.
Mr. Patek responded.
Council Member Statements
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Council Member Mattox congratulated the Lourdes musicians for their production of “Godspell”
and Oshkosh West High School for their performance of the “The Crucible”. She explained
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March 31 the Grand Opera House would be having “Cosi fan Tutti” performed by the Atlanta
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Opera Company. She stated the Gallery Walk would be April 1 from 6:00 p.m. to 9:00 p.m.
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She explained Oshkosh Performs Broadway would be on April 1 and on April 2 the Oshkosh
Chambers Singers would have “Celebrate Mozart” at the University of Wisconsin Oshkosh
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Music Hall. She stated April 4 the First Congregational Church would be featuring, Joyce
Proceedings of the Common Council – March 28, 2006
Andrews and the Broadway Babes. She explained the Eclectic Arts Ensemble would be
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performing “Arsenic & Old Lace” on April 8 at 10:00 am. She informed citizens about the
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Senior Center Benefit Performance for the Wellness Center, on April 2 featuring the
University of Wisconsin Madison Varsity Badger Band Concert with Mike Leckrone at Oshkosh
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North Field House on April 2. She stated the Georgia Guitar Quartet would be performing
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their final concert in the Chamber Art Series on April 10. She explained there would be a
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Downtown Oshkosh Ladies Day on April 8, activities sponsored by the Downtown BID
Consortium. She informed citizens to check out Apple Blossom Book Store at 513 N. Main
Street.
Council Member Esslinger asked the City Attorney various questions regarding the Christmas
Box Angel statue. He gave information if citizens wanted to make a donation.
Council Member Scheuermann questioned the cost of legal fees. She questioned if a private
business could donate land to house the statue.
Council Member Bain questioned if the city could accept outside fees to cover legal expenses
and would this raise the city insurance premium. He stated there would be a Town Hall
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Meeting regarding trash pickup the week of April 10.
Mr. Kraft responded.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated there would be a workshop following the Council meeting to discuss the
activities of Chamco from the previous year. He stated the Municipal Lakeshore Golf
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Course would be open March 29.
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Council Member F. Tower reminded citizens to get out and vote on April 4.
MOTION:CONVENE INTO CLOSED SESSION TO DISCUSS THE STATUS
PRESENT AND PERSPECTIVE FOR DELIBERATING AND
NEGOTIATING A LAND SALE IN THE SOUTHWEST INDUSTRIAL
PARK PURSUANT TO SECTION 19.85 (1)(E) OF THE WISCONSIN
STATE STATUTES; AND, TO DISCUSS THE STATUS PRESENT
AND PERSPECTIVE REGARDING THE CITY MANAGER
PURSUANT TO SECTION TO 19.85 (1) (C) OF THE WISCONSIN
STATE STATUES. (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Bain, Esslinger, F. Tower, Mattox, Scheuermann, B.
Tower, Castle
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MOTION:ADJOURN (F. Tower; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 8:55 p.m.
PAMELA R. UBRIG
CITY CLERK
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