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ON THE WATER
PROCEEDINGS OF THE COMMON COUNCIL
ClTY OF OSHKOSH¢ WISCONSIN
REGULAR MEETING held Tuesday, September 11, 2001 at 6:00 p.m. in the Council
Chambers, City Hall.
Deputy Mayor Hintz presided.
PRESENT: Council Members Melanie Bloechl, Stephen Hintz, William Castle, Mark L.
Harris and Paul J. Esslinger
EXCUSED: Council Members Shirley Mattox and Jon Dell'Antonia
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Lynn
Lorenson, Assistant City Attorney and David Patek, Director of Public Works
Council Member Bloechl read the Invocation.
The Pledge of Allegiance was led by David Forseth and Michael Maas from Lakeside
Elementary School; and, Kyle Meyer and Erin Condon from Green Meadow Elementary
School.
LICENSE HEARING
Resolution 01-371 Approve Taxicab Drivers License
MOTION:
CARRIED:
THE COUNCIL ACKNOWLEDGES THAT THE FACTS
PRESENTED REGARDING MR. OESTREICH'S RECORD ARE
TRUE AND THAT SUCH FACTS ARE RELEVANT AND
SUBSTANTIALLY RELATE TO THE LICENSE (Harris; second,
Esslinger)
Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
MOTION:
LOST:
ADOPT (Bloechl; second, Esslinger)
Noes (5) Bloechl, Castle, Harris, Esslinger, Hintz
Tony Renning, Attorney representing the City, explained the background of the
applicant and reasons for non-issuance of the license.
Mr. Erickson, Chief of Police, was sworn in and stated his concerns regarding the
applicant.
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Council Member Bloechl asked questions regarding patterns of behavior. She also
questioned whether the school system utilized the cab company for students. She felt
probation and parole should have restrictions on such individuals.
Council Member Esslinger questioned what the basis of his decision should be made
on. He stated his confidence regarding the Chief's recommendation and that he would
not support the issuance of the license.
Mr. Walsh, Appleton City Attorney representing the Council, explained the reasons and
statutes to revoke the taxi cab license. He stated that a decision should be made
based on information obtained from the hearing.
Deputy Mayor Hintz questioned whether Mr. Oestreich or a representative was in the
audience.
PUBLIC HEARINGS
The Mayor ordered the following Public Hearings:
Final Resolution/Cold Mix Asphalt OverlayNarious Streets
William Zimmerman, 136 W. 14th Avenue, stated his opposition regarding the cold mix
overlay on Florida Avenue and Georgia Street.
Gene Troxell, 1538 Fairlawn Street, questioned what the long-range plan was for the
streets and if the streets were reconstructed would the sewer also be reconstructed.
Rose Goyke, 931 Osborne Avenue, brought forth a petition requesting concrete paving
on Osborne Avenue. She stated her concerns regarding standing water in the street.
Robert Mugerauer, 727 Florida Avenue, stated his concerns regarding the condition of
Florida Avenue. He felt the City should survey the residents regarding concrete paving
versus cold mix asphalt. He questioned whether there were funds available to the
residents for street improvements.
Mr. Patek responded.
Council Member Esslinger questioned whether community development block grant
money could be used for street improvements.
Mr. Wollangk responded.
Council Member Bloechl stated that using community development block grant money
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for street improvements had been discussed in the past.
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Council Member Harris stated that the grant money was used within the census tracks
for Iow to middle income neighborhoods.
Ken Bender, 806 Oak Street, stated his approval of the aggressive paving program.
There were no other appearances and the Public Hearing was CLOSED.
Official Mapping/Femau Avenue/Vinland Road West Approximately 183 Feet
There were no appearances and the Public Hearing was CLOSED.
Zone Change/Witzel Avenue/West of & Adjacent to 2500 Witzel Avenue
There were no appearances and the Public Hearing was CLOSED.
CONSENT AGENDA
The minutes of the August 28, 2001 meeting were presented as written.
The Report of the City Manager was read.
Council Member Bloechl stated her concerns regarding the waiver request for the
fencing at Kelly's Bar. She questioned whether there had been problems in the past.
Mr. Wollangk responded.
The bills were presented in the amount of $3,827,895.21.
The Report of the City Clerk was read.
Resolution 01-358 Grant Privilege in Street/Broad Street
Resolution 01-359 Final Resolution/Cold Mix Asphalt OverlayNarious Streets
Council Member Castle questioned whether Mr. Patek recommended to proceed with
the overlay even with the petitions that were filed.
Mr. Patek responded.
Resolution 01-360 Approve & Execute Relocation Order; Accept Easements/Oakwood
Road, 9th Avenue to Village Lane
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Resolution 01-361
Approve & Execute Relocation Orders; Determination to Acquire
Property; Authorize Acquisition; Accept Easements; Dedicate
Street Right-Of-Way/Algoma Boulevard, Murdock Avenue to
Congress Avenue
Resolution 01-362 Approve Land Exchange; Grant Easements/Campbell Road
Resolution 01-363 Approve Various Agreements/Wisconsin Department of
Transportation/Highway 110 Project
Resolution 01-364 Approve Miscellaneous City Licenses
Council Member Bloechl questioned why the license for Andy's Beachcomber was
before the Council.
Ms. Ubrig responded.
*City Managers Report was removed for separate consideration.
MOTION:
ADOPT CONSENT AGENDA EXCLUDING THE MANAGERS
REPORT (Esslinger; second, Bloechl)
MOTION:
CARRIED:
AMEND RESOLUTION 01-359 TO REMOVE GEORGIA STREET,
OSBORN AVENUE AND FLORIDA AVENUE (Castle; second,
Bloechl)
Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
VOTE ON CONSENT AGENDA WITH RESOLUTION 01-359 AMENDED AND
EXCLUDING THE MANAGERS REPORT:
CARRIED: Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
MOTION:
CARRIED:
DIVIDE MANAGERS REPORT:
PART A - KELLY'S BAR REQUEST; AND,
PART B - EVERYTHING EXCEPT KELLY'S BAR REQUEST
(Bloechl; second, Esslinger)
Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
MOTION:
CARRIED:
ADOPT PART A - KELLY'S BAR REQUEST (Bloechl; second,
Esslinger)
Ayes (4)Castle, Harris, Esslinger, Hintz;
Noes (1) Bloechl
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MOTION: ADOPT PART B - EVERYTHING EXCEPT KELLY'S BAR
REQUEST (Castle; second, Bloechl)
CARRIED: Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Council Member Esslinger questioned whether other establishments had not conformed
to the rules for fencing. He stated he would support the waiver for this event but felt
that in the future the rules should be enforced for everyone.
Mr. Wollangk responded.
Council Member Bloechl expressed her concerns regarding the waiver request.
Council Member Harris stated that he would support the waiver for this event and
address the problem in the future.
PUBLIC AGENDA DISCUSSION
Ordinance 01-365 Approve Traffic Regulations
Thomas Fable, 2540 W. 20th Avenue, stated his concerns regarding the proposed
speed limit on W. 20th Avenue.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 01-365 Approve Traffic Regulations
MOTION: ADOPT (Bloechl; second, Castle)
MOTION:
CARRIED:
DIVIDE ORDINANCE 01-365 INTO:
01-365A- SPEED LIMIT ON W. 20TM AVENUE; AND,
01-365B - EVERYTHING EXCEPT THE SPEED LIMIT ON W. 20TM
AVENUE (Esslinger; second, Bloechl)
Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
MOTION:
LOST:
ADOPT ORDINANCE 01-365A- SPEED LIMIT ON W. 20TM
AVENUE (Esslinger; second, Bloechl)
Noes (5) Bloechl, Castle, Harris, Esslinger, Hintz
MOTION:
CARRIED:
ADOPT ORDINANCE 01-365B - EVERYTHING EXCEPT THE
SPEED LIMIT ON W. 20TM AVENUE (Castle; second, Esslinger)
Ayes (5) Bloechl, Castle, Harris, Esslinger, Hintz
Council Member Esslinger stated that originally he was in favor of the speed limit
increase but after further review and discussion he felt that Council should wait until the
area was developed and then possibly increase the speed.
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Ordinance 01-366 Rescind Ordinance 01-288 Part A/521 W. 16th Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-367 Create Chapter 31/Cable Communications Regulations
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-368 Change Council Meeting Date/December 2001
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-369 Official Mapping/Fernau AvenueNinland Road West Approximately
183 Feet
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 01-370 Zone Change/Witzel Avenue/West of & Adjacent to 2500 Witzel
Avenue
FIRST READING; LAID OVER UNDER THE RULES
CITIZEN STATEMENTS
Ken Bender, 806 Oak Street, stated his concerns regarding the radius of the
intersections within the city.
COUNCIL MEMBER STATEMENTS
Council Member Bloechl stated she received concerned calls from residents regarding
fish cleaning facilities at the boat launches. She questioned whether the preliminary
plan for the new business by New Life Community Church would come before the
Council for approval. She also questioned how the blood drives would be transporting
their donations.
Council Member Esslinger mentioned that he received the recent information from Time
Warner Cable. He stated that he also received information regarding the wading pool
at South Park and if residents had questions or comments they could call him. He
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informed everyone that the overnight parking issue would be brought before the
Council on October 9, 2001. He questioned the status of various projects within the
City and extended his condolences with regard to the terrorist situation.
Mr. Wollangk responded.
PROCEEDINGS OF THE COMMON COUNCIL - SEPTEMBER 11, 2001
Council Member Harris asked that staff take into consideration the neighborhood when
looking at the plans for the building behind the New Life Community property. He
stated that the American Red Cross was encouraging people to give blood and
financial assistance. He explained that the American Red Cross had already shipped
most of their inventory and that the blood drives were to replenish what was donated.
He explained that there would be a Town Meeting on September 29, 2001 at 9:00 a.m.
at the site of the Founders Plaza on Main Street for public discussion and a walking
tour of the LDR proposed sites. He stated he would like to launch a program to repair
the broken curbs in the community.
WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY
Mr. Wollangk questioned how the Council wanted to proceed regarding future beer
garden requests for fence waivers. He also stated that he would not be at the
September 25, 2001 Council Meeting that he would be out of the City.
There was no other business before the Council.
MOTION: ADJOURN (Esslinger; second, Bloechl)
CARRIED: VOICE VOTE
The meeting adjourned at 7:43 p.m.
PAMELA R. UBRIG
CITY CLERK