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P C C
ROCEEDINGS OF THE OMMON OUNCIL
C O, W
ITY OF SHKOSH ISCONSIN
REGULAR MEETING held Tuesday June 27, 2006 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Castle presided.
PRESENT: Council Members Paul Esslinger, Burk Tower, Shirley Mattox, Meredith
Scheuermann, Dennis McHugh, Bryan Bain, and 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 13, 2006 meeting were presented as written.
Council Member McHugh questioned the minimal information in the executive session
minutes.
Mr. Wollangk responded.
The Report of the City Manager was read.
Council Member Scheuermann questioned if the request for the DB Drag Show was their
first or had the event taken place in prior years.
The bills were presented in the amount of $3,448,710.55.
The Report of the City Clerk was read.
Resolution 06-208Award Bid / Roofing Work / Approve Change Order No. 1 / Riverside
Cemetery (Various)
Council Member Scheuermann questioned if all four sections needed to be replaced and
if
the estimates were for equivalent material. She questioned if other materials could be
substituted.
Council Member Esslinger questioned the replacement of the roof and cost and expressed
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he would not support.
Proceedings of the Common Council – June 27, 2006
Council Member Mattox explained the cemetery was one of the few on the National
Register. She stated fixing the roof was to prevent structural damage.
Council Member McHugh questioned if a new roof was necessary and the cost of the
repair. He stated he visited the site and questioned the responsibility of restoring
buildings on the National Register.
Mr. Wollangk responded.
Resolution 06-209Award Bid / Single Axle Truck, Dump Body & Plow Equipment / Street
Division (Various)
Resolution 06-210Approve & Submit Compliance Maintenance Annual Report /
Wastewater Treatment Plant
Council Member Mattox stated she was pleased with the good report and questioned how
other cities compared.
Mr. Wollangk and Mr. Patek responded.
Council Member Tower stated the report was a positive compliment for the city.
Resolution 06-211Vacate & Accept Easement; Approve Developer Agreement
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Resolution 06-212Dedicate Right-of-Way / West 9 Avenue
Resolution 06-213Authorize Petty Cash Fund / Parks Department / Pollock Community
Water Park
Resolution 06-214Disallow Claim / Mezick
Resolution 06-215Disallow Claim / Ratcliff
Resolution 06-216Approve Miscellaneous Licenses
MOTION:ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 06-208
(Esslinger; second, Scheuermann)
CARRIED:Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain,
Castle
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Proceedings of the Common Council – June 27, 2006
Resolution 06-208Award Bid / Roofing Work / Approve Change Order No. 1 / Riverside
Cemetery (Various)
MOTION:ADOPT (Esslinger; second, Bain)
MOTION:DIVIDE RESOLUTION 06-208 INTO;
RESOLUTION 06-208A - MASONRY TRUCK, POINT WORK AND
FLAT ROOF ASPHALT REPAIRS; RESOLUTION 06-208B –
SPANISH TILE ROOF, COPPER GUTTER AND DOWN SPOUT
WORK (Esslinger; second, McHugh)
WITHDRAWN
MOTION:LAY OVER UNTIL JULY 11, 2006 COUNCIL MEETING
CARRIED:Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain,
Castle
Council Member Esslinger questioned if the city was required to replace the roof and if
there would be a penalty if it was not replaced.
Council Member Mattox explained it was part of the responsibility you take when you have
historic monuments.
Mayor Castle questioned if the bids would be void if not all the work was completed.
Council Member Scheuermann explained she would like to see the resolution laid over.
Council Member Tower stated he supported the layover until Council was able to have
more discussion.
Council Member Bain questioned if there were specific questions regarding the resolution
who would they contact.
Mr. Wollangk responded.
Public Agenda Discussion
Ordinance 06-217 Amend Public Nuisance Regulations
Ken Bender, 806 Oak Street, explained current laws need to be enforced prior to adding a
new ordinance.
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Ron Montgomery, 331 Prospect Avenue, urged Council to come up with some reasonable
standards.
Mike Mokler, 1117 W. New York Avenue, owner of Oshkosh properties, expressed his
concerns regarding the ordinance. He explained he would like to see notification to the
landlords in the future.
Proceedings of the Common Council – June 27, 2006
Susie Canziani, 80 Crimson Lane, representing the Winnebago Apartment Association,
stated she supported areas of the ordinance but had some concerns.
Terry Leinweber, 515 Oak Street, expressed his support for the ordinance.
Jacki Kossik, representing the Christine Ann Center, requested a section pertaining to
domestic abuse in the ordinance be removed.
Resolution 06-219Approve Fencing / Murdock Avenue Detention Pond
Andrew Dumke, 2030 Menominee Drive, urged Council if a fence was to be constructed
that it be a rod iron instead of a chain link fence.
Resolution 06-220Grant Conditional Use Permit; Approve Final Planned Development /
UW-Oshkosh – High Avenue / Osceola Street / Pearl Avenue
Joanne Rife, representing the University of Wisconsin Oshkosh, stated she would like to
see the request be approved and the project would move forward.
Harry Farchmin, representing Bloom Consultants, stated he was present to answer questions
of the Council.
Mayor Castle responded.
Resolution 06-221Rescind Term Sheet / Five Rivers Project
Ken Bender, 806 Oak Street, stated he was pleased to see the project fall through. He
stated he would like to see the area remain open for fishing.
Resolution 06-222Approve Combination “Class B” Licenses (Electric Lounge, Props &
Hops, & Wisconsin Farms / Buffalo Wild Wings)
Andrew Dumke, 2030 Menominee Drive, explained the license at Washburn Street, the
Wisconsin Farms location would be transferred to Koeller Street for a Buffalo Wild Wings
opening in the near future.
Council Member Scheuermann questioned if the business would be located in a strip
center.
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Proceedings of the Common Council – June 27, 2006
Action Taken on Ordinances and Resolutions
Ordinance 06-217 Amend Public Nuisance Regulations
MOTION:ADOPT (Esslinger; second, Bain)
MOTION:TABLE (Esslinger; second, McHugh)
LOST:Ayes (2) Esslinger, McHugh;
Noes (5) Tower, Mattox, Scheuermann, Bain, Castle
MOTION:LAYOVER UNTIL AUGUST 8, 2006 COUNCIL MEETING
CARRIED:Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain,
Castle
Council Member Esslinger expressed various concerns regarding the ordinance and
stated it needed to go back to staff for reviewed.
Council Member Tower stated it was appropriate to layover at this time.
Council Member McHugh stated he had received feedback from landlords and would like
to see the ordinance tabled. He explained he had no contact with staff regarding the new
ordinance and would like to see a workshop.
Council Member Mattox explained the public wanted a nuisance ordinance for good
communication and be able to understand the process. She stated the ordinance was
good but should be reviewed by staff.
Council Member Scheuermann questioned who Council should refer their comments to
regarding the ordinance.
Mr. Wollangk responded.
Council Member Bain explained Council needed to fully understand the changes before
making any decisions. He stated not all situations could be clarified and would support a
layover.
Mayor Castle stated he would not support the table. He stated communication was
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apparent in the process but agreed to have more time to review.
Ordinance 06-218 Approve Traffic Regulations
FIRST READING; LAID OVER UNDER THE RULES
Resolution 06-219Approve Fencing / Murdock Avenue Detention Pond
MOTION:ADOPT (Esslinger; no second)
LOST:LACK OF SECOND
Proceedings of the Common Council – June 27, 2006
Resolution 06-220Grant Conditional Use Permit; Approve Final Planned Development /
UW-Oshkosh – High Avenue / Osceola Street / Pearl Avenue
MOTION:ADOPT (Esslinger; second, Scheuermann)
CARRIED:Ayes (5) Esslinger, Mattox, Scheuermann, McHugh, Castle;
Present (2) Tower, Bain
Council Member Bain explained he would vote present due to his employer’s involvement.
Council Member Tower explained he would also vote present due to his employer’s
involvement.
Mayor Castle stated the project would be a great addition to the university.
Resolution 06-221Rescind Term Sheet / Five Rivers Project
MOTION:ADOPT (Esslinger; second, Bain)
MOTION:AMEND TO REMOVE WORDING IN PARAGRAPH 3 – “AND
THEREFORE, THE CITY ADMINISTRATION SHOULD CLOSE ALL
EFFORTS TO BRING THE PROPOSED PROJECT TO
DEVELOPMENT” (Bain; second, Esslinger)
CARRIED:Ayes (4) Esslinger, Tower, McHugh, Bain;
Noes (3) Mattox, Scheuermann, Castle
VOTE ON RESOLUTION AS AMENDED
CARRIED:Ayes (4) Esslinger, Tower, McHugh, Bain;
Noes (3) Mattox, Scheuermann, Castle
Council Member Esslinger explained he would like to see as many proposals as possible
for the property and not to limit interest. He explained staff spent a lot of time on the
project and the time had come to put closure to it.
Council Member McHugh explained the city had lost a considerable amount of time on this
property.
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Council Member Bain questioned the chapter would be closed for good regarding the term
sheet. He explained he would like closure on the term sheet.
Council Member Mattox explained she would not support the amendment.
Mayor Castle explained the land was ready for development and Council would move
forward.
Council Member Tower stated there were possibilities for the area. He explained it was a
learning lesson on how to handle the situation.
Proceedings of the Common Council – June 27, 2006
Council Member Scheuermann questioned why the term sheet needed to be rescinded if
the requirements were not met.
Ms. Lorenson responded.
Resolution 06-222Approve Combination “Class B” Licenses (Electric Lounge, Props &
Hops, & Wisconsin Farms / Buffalo Wild Wings)
MOTION:ADOPT (Esslinger; second, Scheuermann)
CARRIED:Ayes (7) Esslinger, Tower, Mattox, Scheuermann, McHugh, Bain,
Castle
Council Member Esslinger explained he would like to see the license revoked for Electric
Lounge and Props & Hops.
Mr. Wollangk, Ms. Lorenson, and Ms. Ubrig responded.
Citizen Statements
Ken Bender, 806 Oak Street, expressed various concerns in the community.
Mike Lizotte, 2339 Hickory Lane, explained the possible effects the proposed fishing pier
would have on the ecosystem.
Chuck Williams, 1416 Menominee Drive, expressed his concerns regarding the proposed
fishing pier. He explained the process for accepting the structure was not properly
handled.
Gordon Doule, 1225 Summit Avenue, congratulated Oshkosh Cable Access Television for
their hard work.
Mary Hiles, 2346 Hickory Lane, thanked the Otter Street Fisheree for their generosity.
She urged Council to review the pier and address the safety concerns that go along with
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it.
Jessica Palm, 1106 East New York Avenue, stated her concerns regarding the pier.
Janet Moldenhauer, 1845 Wisconsin Street, expressed her concerns with city
development in parks.
Leon Schaffer, 865 Greenfield Trail, expressed his concerns regarding city leadership and
accountability.
Council Member Statements
Council Member Esslinger explained he would like to see a study done on staff levels of
city departments.
Proceedings of the Common Council – June 27, 2006
Council Member Scheuermann explained it was necessary to listen to the workshop and
then make a determination.
Mayor Castle explained he would like to review the study done by the League of
Municipalities before making any decisions.
Council Member Mattox stated Mr. Thompson, representing the League of Municipalities,
would give the Council good information about the city and surrounding communities.
Council Member McHugh questioned if a report would be done on staffing of personnel or
how to operate the city more cost effectively.
Council Member Bain explained the study would be internal but from an outside view.
Council Member Tower stated he would like to receive the material prior to the scheduled
workshops to review the documents.
Mr. Wollangk responded.
Council Member Mattox explained the Paine Art Center would be presenting “Electric Tiffany”
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an exhibit of Tiffany lamps. She reminded citizens about Sawdust Days, June 30 - July 4
featuring the Carson and Barnes Circus. She explained there would be a free community
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band concerts on the 2 and 4 Wednesday’s at Lourdes School. She stated the downtown
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gallery walk would be July 1. She reminded citizens about the Wednesday Farmer’s Market
in the Grand Opera House Square. She stated the Oshkosh Public Museum would sponsor
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the Annual Art Fair on July 9 and the Free Movies in the Park would begin July 7.
Whatever Else is Pertinent or for the Good of the City
Mr. Wollangk stated the attendance at the Pollack Community Water Park had been
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great.
MOTION:ADJOURN (Bain; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 8:13 p.m.
PAMELA R. UBRIG
CITY CLERK
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