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P C C
ROCEEDINGS OF THE OMMON OUNCIL
C O,W
ITY OF SHKOSH ISCONSIN
REGULAR MEETING held Tuesday, February 26, 2008 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Tower presided.
PRESENT: Council Members Burk Tower, Jessica King, Tony Palmeri, Dennis McHugh, Bryan
Bain, Paul Esslinger and Mayor Frank Tower
ALSO PRESENT: John Fitzpatrick, Acting City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member Tower read the invocation.
The Pledge of Allegiance was led by Tia DeHaan and Alex Rabe from South Park Middle
School; and, Jessica Fendt and Dakota Clark from Perry Tipler Middle School.
Public Hearings
The Mayor ordered the following Public Hearings:
Ordinance 08-57 Amend City of Oshkosh Comprehensive Plan
There were no appearances and the Public Hearing was CLOSED.
Ordinance 08-58 Amend Chapter 30 Zoning Ordinance / Off -Street Parking and
Loading Facilities
Ken Bender, 806 Oak Street, expressed his concerns regarding trees planted in parking lots
instead of around them. He also expressed concerns of the cost and maintenance of the trees.
Lorenz Rangeloff, 3000 Oregon Street, stated the amendment would affect his wrecker
business which service d the city. He explained if his driver’s could not take home their
vehicles that would increase their response time. He stated he would like to see an exclusion
for on call wrecker service to be able to take trucks home.
There were no other appearances and the Public Hearing was CLOSED.
Ordinance 08-59 Approve Zone Change / Northeast Corner Stearns Drive and
County Trunk Highway T
There were no appearances and the Public Hearing was CLOSED.
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Proceedings of the Common Council – February 26, 2008
Consent Agenda
The minutes of the February 12, 2008 meeting were approved as presented.
The Report of the Acting City Manager was read.
The bills were presented in the amount of $18,135,586.99.
The Report of the City Clerk was read.
Resolution 08-60 Authorize Submittal of DNR Green Space and Public Facilities Grant
Application
Resolution 08-61 Approve and Execute Revised Relocation Order; Determination of
Necessity to Acquire Property; Authorize Acquisition; Accept
Easement; Dedicate Street Right-of Way / Jackson Street and Murdock
Avenue Intersection Improvements
Council Member McHugh questioned the individual costs of the easements. He questioned
what would happen if the appraisals were too high and the city wanted to cancel the
project. He questioned if driveways would have to be moved.
Mr. Patek explained th at the first step for the property owners was to go out and receive
appraisals. He stated the sidewalk had to be built right on the property line, the city had to get
a temporary limited easement and that had to be done so the city did not trespass on property
owners property according to state law. He explained a good comparison was what had been
done on Ohio Street, they did a number of easements and the prices ranged from a couple of
hundred to several thousand dollars. He stated no driveways would be removed.
Resolution 08-62 Grant Conditional Use Permits; Approve Planned Development:
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A) Northeast Corner 20 Avenue and Clairville Road
B) 500 East County Road Y
Resolution 08-63 Authorize $5,105,000 General Obligation Corporate Purpose Bonds,
Series 2008 - A
Resolution 08-64 Authorize $1,165,000 General Obligation Corporate Purpose Bonds,
Series 2008 - B
Resolution 08-65 Approve Fund Transfers
Resolution 08-66 Authorize Borrowing / State Trust Fund
Resolution 08-67 Approve Extension of 1993 County / Municipal Recycling Agreement
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Council Member Palmeri questioned if the Council had ever approved single stream recycling.
He questioned if approving the purchase of the vehicle would commit the city into single stream
recycling.
Proceedings of the Common Council – February 26, 2008
Mr. Patek stated as part of the budget process last year the Council approved purchasing a
automated collection vehicle allowing the city to move into the single stream recycling program.
He stated there would be a workshop to discuss the recycling program.
Resolution 08-68 Approve Change Order No. 2 / Public Works No. 07-04 ($26,535.47)
Resolution 08-69 Amend 2008 Capital Improvement Program / East New York Avenue
Resolution 08-70 Disallow Claim / Salm
Resolution 08-71 Approve Miscellaneous Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 08-61 AND
08-67 (McHugh; second, Esslinger)
CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower
Resolution 08-61 Approve and Execute Revised Relocation Order; Determination of
Necessity to Acquire Property; Authorize Acquisition; Accept
Easement; Dedicate Street Right-of Way / Jackson Street and Murdock
Avenue Intersection Improvements
MOTION: ADOPT (Esslinger; second, McHugh)
CARRIED: Ayes (5) Tower, King, Palmeri, Bain, Mayor Tower;
Noes (2) McHugh, Esslinger
Resolution 08-67 Approve Extension of 1993 County / Municipal Recycling Agreement
MOTION: ADOPT (McHugh; second, Esslinger)
MOTION: AMEND TO INCLUDE A STATEMENT SAYING APPROVAL OF THE
RESOLUTION DID NOT INDICATE OR IMPLY COUNCIL SUPPORT
OF SINGLE STREAM RECYCLING AT THIS TIME (Palmeri; second,
Mayor Tower)
CARRIED: Ayes (4) Palmeri, McHugh, Esslinger, Mayor Tower;
Noes (3) Tower, King, Bain
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower
Council Member Palmeri stated he would like further discussion on single stream recycling
and have the resolution amended. He stated he would like to see the issue as a sepa rate
resolution in the future.
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Mr. Patek stated the resolution maintains the current recycling program. He explained the
city picks up the recyclables and the county processes it.
Council Member King questioned if the extension agreement was not approved would that halt
recycling due to the contract had expired.
Proceedings of the Common Council – February 26, 2008
Council Member Esslinger stated he supported the amendment. He explained he had seen
issues get linked together in the past and would like to keep this issue separate.
Council Member McHugh stated he supported the amendment because items have slipped
through when they are not clearly identified.
Mayor Tower questioned if approval of the extension agreement would change the recycling
terms. He questioned if the city decided single stream recycling was not the way the city
wanted to proceed in the future would agreeing to the document commit the city. He stated the
amendment would not commit to single stream recycling in 2009 or in the future.
Action Taken on Ordinances and Resolutions
Ordinance 08-72 Approve Voluntary Attachment – Midwest Voluntary
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower
Ordinance 08-73 Amend No Wake Zone on Fox River and Establish No Anchoring
Adjacent to Floating Docks off a Portion of Riverside Park
MOTION: ADOPT (Esslinger; second, Bain)
CARRIED: Ayes (5) Tower, King, McHugh, Bain, Mayor Tower;
Noes (2) Palmeri, Esslinger
Ken Bender, 806 Oak Street, stated he would like a no wake zone on the entire river.
Council Member Bain expressed his concerns regarding the approval of only part of the river,
knowing that there would be future developments and docks. He stated it made more sense to
have the entire river a no wake zone now rather than approving only a portion. He questioned
if there was something the Parks Board could add to a future agenda for public discussion.
Mr. Kinney, Director of Community Development, explained the city was responding to the
conditions of the grant from the Department of Natural Resources. He explained not
approving the change at this time would slow the process down substantially. He stated the no
wake zone should certainly be looked at in the future. He explained the docks would be used
for accessing Riverside Park, fishing and being able to get closer to the water. He stated this
would also extend the walkway on the southside of the Leach Amphitheater an d additional
lighting. He explained where the no wake zones were located. He stated a no wake zone in
certain areas was reasonable. He explained where citizens would access the path and the
docks.
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Mr. Fitzpatrick explained the no wake concerns would have to be approved by the Department
of Natural Resources. He explained the ordinance was for a particular area at this time.
Proceedings of the Common Council – February 26, 2008
Council Member Palmeri questioned if there were studies on the river regarding safety. He
stated he would like to see a bigger picture discussion of the ordinance and have public input
regarding this issue. He questioned what the consequences were if it was not approved now.
He questioned the length of the floating docks and the main use for them. He stated there was
a safety issue that needed to be addressed.
Council Member Esslinger questioned if there was a no wake zone from Wisconsin Street
traveling up the river approximately from the bridge to the Senior Center where there was a
docking facility. He questioned how it would be resolved if there were people fishing off the
proposed docks and someone wanted to dock a boat. He expressed his concerns regarding
idle and throttle concerns.
Council Member Tower state d he would like to move forward but would like to see public
comments regarding a no wake zone.
Council Member McHugh stated the no wake zone in Rainbow Park changes by time of day
and that could be complicated for a person that does not regularly go boating. He questioned
how a fisherman could access the docks by the Leach Amphitheater.
Council Member King stated she supported the resolution, she explained that this was a task
that the Council need ed to follow through. She explained she would like to s ee the docks
completed for the upcoming boating season due to the economic impact. She stated she did
not want further delay or economic loss regarding this issue.
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Ordinance 08-74 Approve Zone Change / Northeast Corner West 20 Avenue and
Clairville Road
MOTION: ADOPT (Esslinger; second, McHugh)
CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower
Ordinance 08-75 Amend Special Privilege Permit for All Night Parking (Correcting Street
Boundaries)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 08-76 Approve Lake View Park Annexation
READING; LAID OVER UNDER THE RULES
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Resolution 08-77 Approve Preliminary Plat / Bristol Square Subdivision
MOTION: ADOPT (Esslinger; second, Bain)
MOTION: LAYOVER UNTIL MARCH 25, 2008 (Bain; second, Mayor Tower)
CARRIED: Ayes (7) Tower, King, Palmeri, McHugh, Bain, Esslinger, Mayor Tower
Ken Bender, 806 Oak Street, explained he had received a letter explaining the lay over. He
stated the new phone book map showed the subdivision was developed.
Proceedings of the Common Council – February 26, 2008
Council Member Bain questioned if the layover affected timing issues.
Ms. Lorenson responded.
Citizen Statements
Ken Bender, 806 Oak Street, explained he would like to see parking on even and odd streets
to help with the removal of snow. He stated the streets were in poor condition due to all the
snow. He explained he would like to see a rule that city employees live within a certain radius
of the city.
Council Member Statements
Council Member Esslinger passed along his condolences to the Leyhe family and the Bender
family for the loss of their loved ones.
Council Member Palmeri stated his comments were regarding the single stream recycling and
questioned when the workshop would be. He asked that the workshop be balanced for both
sides in order for Council to make an informed decision.
Mayor Tower reviewed the upcoming workshops. He explained there was a delay for the one-
way street workshop due to the retirement of the Transportation Director. He stated the State
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of the City address would be February 28 at the Senior Center Annex starting at 6:30 p.m.
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He reminded citizens there would be public meetings on Monday, March 3 from 6:00 p.m. until
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8:30 p.m. at the Oshkosh Public Library and Tuesday, March 4 from 6:00 p.m. until 8:30 p.m.
at the Senior Center to have input on what the community would like in the new City Manager.
Council Member McHugh stated when Mr. Fitzpatrick assumed the position of Acting City
Manager one of the first things he did was discuss the agenda of workshops and the one-
way streets in the city.
Council Member Tower questioned if everything was being put on hold in the Transit
Department until a new Transportation Director was hired.
Mr. Fitzpatrick gave an update regarding the search for the Transportation Director. He
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explained the Traffic Review Advisory meeting scheduled for March 12 would take place.
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Whatever Else is Pertinent or for the Good of the City
Mr. Fitzpatrick stated the profile for the new City Manager was available on the City website.
He mentioned the fundraiser that had taken place between the fire and police departments.
MOTION: ADJOURN (Esslinger; second, McHugh)
CARRIED: VOICE VOTE
The meeting adjourned at 7:07 p.m.
PAMELA R. UBRIG
CITY CLERK
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