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HomeMy WebLinkAboutMinutesO./HKQ/H ON THE WATER PROCEEDINGS OF THE COMMON COUNCIL ClTY OF OSHKOSH, WISCONSIN REGULAR MEETING held Tuesday, October 9, 2001 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Dell'Antonia presided. PRESENT: Council Members William Castle, Mark L. Harris, Paul J. Esslinger, Melanie Bloechl, Stephen Hintz, Shirley Mattox, and Jon Dell'Antonia ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren Kraft, City Attorney and David Patek, Director of Public Works Council Member Castle read the Invocation. The Pledge of Allegiance was led by Mara Wallace and Andrea Deiuliis from Merrill Elementary School. A proclamation was presented by Mayor Dell'Antonia declaring October 13 through October 20, 2001 as "Scouting for Food" in the City of Oshkosh. A proclamation was presented by Mayor Dell'Antonia declaring the month of October as "Employee Assistance and Drug Free Workplace Awareness Month" in the City of Oshkosh. LICENSE HEARINGS Resolution 01-402 Approve Operator License/Corpron MOTION: LOST: ADOPT (Bloechl; second, Castle) Ayes (0); Noes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia Tony Renning, Attorney from Davis and Kuelthau Law Firm representing the Chief of Police, stated various reasons not to issue an operator license to the applicant. Mayor Dell'Antonia questioned whether Mr. Corpron or his representative was in the audience. The Mayor declared this hearing closed. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER 9, 200'/ Resolution 01-403 Approve Operator License/Garvey MOTION: ADOPT (Bloechl; second, Esslinger) LOST: Ayes (0); Noes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia Tony Renning, Attorney from Davis and Kuelthau Law Firm representing the Chief of Police, stated various reasons not to issue an operator license to the applicant. Mayor Dell'Antonia questioned whether Mr. Garvey or his representative was in the audience. Mr. Garvey was sworn under oath by the Court Reporter Michael Garvey, 757 N. Scott Hall, 645 Algoma Bird explained he had made a lot of mistakes and had problems in the past. He explained that he had received counseling. He stated he needed to have this license to remain employed. Council Member Bloechl asked various questions of Mr. Garvey. Mr. Garvey responded. Council Member Esslinger asked Mr. Erickson several questions regarding the various charges. Mr. Erickson responded. The Mayor declared this hearing closed. Resolution 01-404 Revoke Taxicab Driver's/Audorff MOTION: ADOPT (Bloechl; second, Castle) LOST: Ayes (3) Castle, Esslinger, Bloechl; Noes (4) Harris, Hintz, Mattox, Dell'Antonia Tony Renning, Attorney from Davis and Kuelthau Law Firm representing Chief of Police, stated various reasons to revoke Mr. Audorff's taxicab license. David Erickson, Chief of Police was sworn under oath by the Court Reporter. David Erickson, Oshkosh Chief of Police, explained the process to investigate individuals that have applied for a taxicab driver's license. He stated the concerns would be any violations that would provide a threat to the public safety. 2 PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER 9, 200'/ Attorney Renning, explained and submitted various exhibits. He asked several questions of Chief Erickson. Mr. Erickson responded. Mayor Dell'Antonia questioned whether Mr. Audorff or his representative was in the audience. Clayton Audorff, 405 W. 8th Avenue, asked various questions of Chief Erickson. Chief Erickson responded. Council Members were given the opportunity to ask Chief Erickson questions. Chief Erickson responded Mr. Audorff and Mrs. Clayton Audorff were sworn under oath by the Court Reporter. Shelley Audorff, 405 W. 8th Avenue, explained the various charges against her husband. She stated that he had served his time and urged the Council not to revoke his license. The following individuals spoke in support of Clayton Audorff: Shelley Blaum, '1663 Michigan Street Steve Eden, '107 W. '1 '1th Avenue Ada Postl, '100 Court Street Sam Rapply, 29 W. Melvin Avenue Paula Lane, 347 W. '12th Avenue Don Davies, 637 Bowen Street Ernest Stadler, 722 N. Main Street Michael Doyle, '154'1 Algoma Boulevard Attorney Renning stated his closing statements. Mr. Audorff stated his closing statements. The Mayor ordered the various exhibits offered during the hearing, to be entered into the record. The Mayor declared this hearing closed. Council Member Hintz clarified what the task before Council was. He discussed the burden of evidence. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER Council Member Esslinger felt the Council should not be making these kinds of decisions. He explained his reasons to revoke the license. Council Member Mattox explained why the license should not be revoked. Mayor Dell'Antonia explained that the issue before the Council was not to decide whether the Council should or should not be making these types of decisions. He stated a decision needed to be made regarding the revocation of Mr. Audorff's taxicab driver's license. He explained why the applicant should maintain his license. Council Member Harris explained it was a difficult decision, but stated he would not support the revocation of the license. Council Member Bloechl felt that the burden of the decision should not be on the Council. She explained why she supported the revocation of the license. The Council took a ten minute break 8:30 p.m. CONSENT AGENDA The minutes of the September 25, 2001 meeting were presented as written. The Report of the City Manager was read. The bills were presented in the amount of $3,991,390.32. The Report of the City Clerk was read. Resolution 01-405 Grant Conditional Use Permits/Approve Final Planned Developments A) NE Corner Rush Avenue & Dove Street B) W. 28th Avenue C) Pearl Avenue, South of Rockwell Avenue D) 1990 Menard Drive E) 902 Taft Avenue Ken Bender, 806 Oak Street, expressed his concerns regarding snow removal in the Taft Avenue area. Brian Fisher, 222 E. Erie Street, Milwaukee, representative of the property located at 1990 Menard Drive, explained various aspects of the proposed drive thru expresso cafe. He also answered questions of the Council. 4 Council Member Bloechl asked various questions regarding the proposed plan. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER 9, 200'1 James Larson, Architect, 600 N. Main Street, representing Mr. Lopez was there to answer any questions of the Council. Gary Langdecker, 648 Lake Rest Drive, Menasha, representing Harborway Condominiums was there to answer questions of the Council. Council Member Bloechl expressed various concerns regarding the proposed plans. Mr. Langdecker responded. Resolution 01-406 Dedicate Street Right-of-Way/N. Main Street & Otter Avenue Resolution 01-407 Set Public Hearing Date to Vacate Portion of Otter Avenue Resolution 01-408 Approve Agreement/Winnebago County 911 Emergency System Resolution 01-409 Award Bid/Public Works Contract No. 01-13/Demolition of Wisconsin Central Railroad Bridge (Lurid Construction Company, Black River Falls $184,500.00) Resolution 01-410 Change Order No. 1/Public Works Contract No. 00-20 (Northeast Asphalt Inc., Greenville increase $14,081.32) Resolution 01-411 Oppose Ethanol Plant Resolution 01-412 Reassign Polling Place/District 21 Resolution 01-413 Approve Miscellaneous City Licenses *Resolutions 01-405E and 01-411 were removed for separate considerations. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 01-405E and 01-411 (Bloechl; second, Esslinger) MOTION: AMEND RESOLUTION 01-405D BY ADDING CONDITION #4 THAT THE EXISTING 60 FOOT HIGH PYLON SIGN STRUCTURE MAY BE RETAINED (Hintz; second, Bloechl) CARRIED: Ayes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia VOTE ON CONSENT AGENDA WITH RESOLUTION 01-405D AMENDED AND EXCLUDING RESOLUTIONS 01-405E AND 01-411: CARRIED: Ayes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER g~ 2001 Resolution 01-405E Grant Conditional Use Permit/Approve Final Planned Development/902 Taft Avenue MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (6) Castle, Harris, Esslinger, Hintz, Mattox, Dell'Antonia; Noes (1) Bloechl Council Member Bloechl expressed various concerns regarding the development and stated she would not support the resolution. Resolution 01-411 Oppose Ethanol Plant MOTION: CARRIED: ADOPT (Bloechl; second, Esslinger) Ayes (5)Castle, Harris, Esslinger, Hintz, Dell'Antonia; Noes (2) Bloechl, Mattox Council Member Bloechl explained she needed more information to make a decision on the issue. Mayor Dell'Antonia explained the various reasons why he brought the resolution forward and why he was opposed to the plant. Council Member Mattox explained she also felt she needed more information to make a decision. She stated she would not be supportive of the plant. Council Member Hintz stated that he reviewed the project and felt the location was inappropriate. He stated he would support the resolution. Council Member Harris felt that it was important to look at the long-term location of the plant. PUBLIC AGENDA DISCUSSION Ordinance 01-414 Approve Parking Regulations Raymond Schmelter, 645 Amherst Avenue, expressed his concerns regarding the proposed parking between 2 a.m. and 5 a.m. He urged the Council not to support the ordinance. Michelle Litjens, 2180 Parkside Drive, stated her concerns regarding various parking problems around apartment buildings. She felt it was important to allow parking in the streets. 6 Robert Webb, 421 Amherst Avenue, expressed his concerns regarding parking on the street in his neighborhood. He urged the Council not to support the ordinance. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER 9, 200'1 David Nessler, 1446 W. New York Avenue, expressed his concerns regarding various issues with the proposal. Council Member Esslinger explained his proposal to change the parking hours. Robert Schneider, 506 Amherst Avenue, stated he was opposed to the proposed parking regulation. He felt it would be difficult to enforce. Brian Poeschl, 532 W. 18th Avenue, felt that businesses in the community should allow university students to park their vehicles in their parking lots and bus them to their classes. He stated he was opposed to the proposed parking on streets. Council Member Esslinger responded. Ken Bender, 806 Oak Street, expressed his concerns regarding parking on the streets. He felt the ordinance should not be changed. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 01-414 Approve Parking Regulations MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: CARRIED: LAYOVER UNTIL NOVEMBER 13, 2001 COUNCIL MEETING (Hintz; second, Mattox) Ayes (6) Castle, Harris, Esslinger, Hintz, Mattox, Dell'Antonia; Noes (1) Bloechl Council Member Esslinger stated he had looked into the parking issue with various communities and felt it was worth a try in this community. Council Member Hintz expressed concerns regarding the concept of following one set of rules for the city. He felt that the city would best be served if the Council would look at the characteristics and needs of an area and develop rules accordingly. He also felt it was necessary to have good clarification of the current ordinance. Mr. Wollangk gave a brief explanation of the ordinance. Council Member Bloechl expressed her concerns regarding street widths and parking. Council Member Harris expressed his concerns regarding long term overnight parking. He felt it would be important to look at the university parking problems to see if there would be alternate solutions. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER Ordinance 01-415 Approve Traffic Regulations MOTION: ADOPT (Bloechl; second, Esslinger) MOTION: CARRIED: AMEND TO CREATE A FOUR WAY STOP SIGN INTERSECTION AT N MAIN STREET AND PACKER AVENUE BY AMENDING SECTIONS 27A-6 FOUR-WAY STOP INTERSECTIONS AND 27 A-8 THROUGH STREETS DESIGNATED OF THE OSHKOSH MUNICIPAL CODE (Mattox; second, Bloechl) Ayes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia VOTE ON ORDINANCE AS AMENDED: CARRIED: Ayes (7) Castle, Harris, Esslinger, Bloechl, Hintz, Mattox, Dell'Antonia CITIZEN STATEMENTS Ken Bender, 806 Oak Street, stated his concerns regarding street issues on High Avenue by the Grand Opera House. Council Member Bloechl left the meeting at 10:35 p.m. Brian Poeschl, 532 W 18th Avenue, expressed his concerns regarding parking issues on various streets. Roy Helms, 2540 Clover Street, representing American Legion Rider Association, thanked the Council for approving the "Salute to our Troops Parade" on October 7, 2001. David Nessler, 1446 W. New York Avenue, expressed his concerns regarding the integrity and liability that Cabulance and City Cab provide to the community. COUNCIL MEMBER STATEMENTS Council Member Dell'Antonia congratulated 4Imprint on their grand opening and also the expansion of Firstar at the City Center. WHATEVER ELSE IS PERTINENT OR FOR THE GOOD OF THE CITY Mr. Wollangk requested a workshop after the October 23rd Council Meeting to discuss the proposed Highway 41 expansion. PROCEEDINGS OF THE COMMON COUNCIL -- OCTOBER 9, 200'/ There was no other business before the Council. MOTION: ADJOURN (Esslinger; second, Castle) CARRIED: VOICE VOTE The meeting adjourned at 10:50 p.m. PAMELA R. UBRIG CITY CLERK