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ROCEEDINGS OF THE OMMON OUNCIL
CO, W
ITY OF SHKOSHISCONSIN
REGULAR MEETING held Tuesday, June 8, 2004 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Harris presided.
PRESENT: Council Members Brian Poeschl, Paul Esslinger, Frank Tower, Shirley Mattox,
William Castle, Burk Tower and Mark Harris.
ALSO PRESENT: Richard Wollangk, City Manager, Pamela Ubrig, City Clerk, Warren
Kraft, City Attorney and David Patek, Director of Public Works
Council Member Poeschl read the Invocation.
The Pledge of Allegiance was led by Jeff Mankini and Ryan Grunwald from Read
Elementary School; and, Corey Knepfel and Hannah Humburg from Washington
Elementary School.
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A proclamation was presented by Mayor Harris declaring June 13, 2004 as “11 Annual
Race for Unity” in the City of Oshkosh.
A proclamation was presented by Mayor Hintz declaring June 25 & 26, 2004 as “Forget
Me Not Sale Days” in the City of Oshkosh.
The Noon Kiwanis presented the Parks Department with a check for the completion of the
Kiwanis Shelter in Menominee Park.
Public Hearings
The Mayor ordered the following Public Hearings:
Approve Zone Change/1000 Pioneer Drive
Jeff Keierleber, representing Decade Properties, owners of the Pioneer Resort and
Marina, explained the upcoming redevelopment of the property.
There were no other appearances and the Public Hearing was CLOSED.
Approve Zone Change/UW-Oshkosh Campus Area
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Proceedings of the Common Council –June 8, 2004
There were no appearances and the Public Hearing was CLOSED.
Consent Agenda
The minutes of the May 25, 2004 meeting were presented as written.
The Report of the City Manager was read.
Ken Bender, 806 Oak Street, stated he was pleased to see free movies being shown in
the park.
Council Member Poeschl stated his concerns regarding the streets being closed during
St. Raphaels Church picnic.
The bills were presented in the amount of $3,454,100.95.
The Report of the City Clerk was read.
Resolution 04-185Dedicate Street Right of Way/E. Snell Road, Adjacent to 375 E.
Snell Road
Resolution 04-186Grant Privilege in Streets:
A) Algoma Boulevard & High Avenue
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B) S. Main Street & E. 15 Avenue
C) N. Westhaven Drive
Resolution 04-187Approve Agreement for Maintenance & Jurisdiction
Responsibility/Washburn Street
Council Member Mattox questioned the street improvements.
Resolution 04-188Approve Agreement with Wisconsin Department of
Transportation/Omro Road at US Highway 41
Council Member Castle questioned what areas would be improved.
Mr. Wollangk responded.
Resolution 04-189Approve Agreement with Wisconsin Department of
Commerce/Tank Inspection/Fire Department
Resolution 04-190Approve Initial Resolution/Utilities/Various
Resolution 04-191Disallowance of Claim/Fitzpatrick
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Proceedings of the Common Council –June 8, 2004
Resolution 04-192Disallowance of Claim/Miller
Resolution 04-193Disallowance of Claim/Houts
Resolution 04-194Disallowance of Claim/Procknow
Resolution 04-195Disallowance of Claim/Schmitz
Resolution 04-196Approve Appointments
Resolution 04-197Approve Miscellaneous City Licenses
MOTION:ADOPT CONSENT AGENDA (Castle; second, Esslinger)
CARRIED:Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
Public Agenda Discussion
Ordinance 04-201Approve Charter Ordinance/Amend Mayor Selection
Ken Bender, 806 Oak Street, stated he supported the elected mayor by the voters.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding the current form of
government and stated he would like to see an aldermanic form of government.
Stephen Hintz, 559 Hazel Street, stated his reasons for supporting the proposal and his
opposition to veto power of Mayor. He felt the problems should be changed not the form of
government.
Kevin McGee, 1244 Wisconsin Street, felt the Council should evaluate the long-term effect
this would have on the community. He encouraged the Council to consider the proposal but
at a modified version.
Ordinance 04-202Approve Charter Ordinance/Change Titles of Mayor & Deputy Mayor
to Council President & Council Vice President
Ken Bender, 806 Oak Street, stated his concerns regarding changing the title and felt there
needed to be a elected Mayor by the voters.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding the ordinance.
Action Taken on Ordinances and Resolutions
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Proceedings of the Common Council –June 8, 2004
Ordinance 04-198 Authorize Alternates/Board of Review
MOTION:ADOPT (Esslinger; second, F. Tower)
CARRIED:Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower,
Harris
Ordinance 04-199Approve Zone Change/1000 Pioneer Drive
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-200Approve Zone Change/UW-Oshkosh Campus Area
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-201Approve Charter Ordinance/Amend Mayor Selection
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 04-202Approve Charter Ordinance/Change Titles of Mayor & Deputy Mayor
to Council President & Council Vice President
FIRST READING; LAID OVER UNDER THE RULES
Citizen Statements
Ken Bender, 806 Oak Street, expressed his concerns regarding the cost to clean up the
pollution on the WPS property.
Daniel Lynch, 310 S. Eagle Street, stated his various concerns regarding smoking.
Michael Hogenson, 1229 Grove Street, explained he had lost his job due to the smoking
ban because of a reduction in business at where he worked.
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Kevin Karow, 681 W. 5 Avenue, expressed his concerns regarding standing water and
drainage problems in his neighborhood.
Council Member Mattox questioned what solutions were available.
Mr. Patek responded.
Gordon Doule, 1225 Summit Avenue, expressed his concerns regarding various issues.
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Proceedings of the Common Council –June 8, 2004
Phil Levine, 2950 Rebecca Run, representing Jeff’s on Rugby, gave a status report of how
business has been since the smoking ban. He urged Council to have the issue go to a
referendum question in the fall election.
Wally Wagner, 2260 Northhaven gave statements of loss of business since the smoking
ban went into effect.
Dr. Paul Boeder, supporter of Breathe Free, gave various reasons why to keep the
smoking ban in place. He stated this is a public health issue.
Council Member Statements
Council Member Tower stated he would support the name change of the title of Mayor.
Council Member Castle asked various questions on the options for the changing the
smoking ordinance.
Council Member Esslinger questioned what Council Members can say regarding Citizen
Statements during the Council meeting. He stated his concerns regarding a recent
editorial in the local paper.
Mr. Kraft responded.
Council Member B. Tower stated there would be a Senior Softball game held on June 13,
2004 an thanked Ed Anderson for his time and effort organizing the games.
Council Member Mattox discussed various events in the community.
Council Member Poeschl stated the YMCA had discounts on summer swimming for youth
and adults.
Council Member Castle stated Castle Pierce would be printing maps showing the location
of the ceramic lions that were placed around town.
Mayor Harris questioned if there was an ordinance to restrict the volume of the noise on
the ice cream trucks. He also suggested a workshop to discuss the regulations for
insurance for functions serving alcohol.
Mr. Wollangk responded.
Whatever Else is Pertinent or for the Good of the City
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Proceedings of the Common Council –June 8, 2004
MOTION:CONVENE INTO CLOSED SESSION IN THE CITY MANAGER'S
OFFICE TO DISCUSS THE STATUS PRESENT AND PERSPECTIVE
FOR DELIBERATING AND NEGOTIATING A LAND SALE IN THE
BUSINESS PARK PURSUANT TO SECTION 19.85(1)(e) OF THE
WISCONSIN STATE STATUTES. (F. Tower; second, Esslinger)
CARRIED:Ayes (7) Poeschl, Esslinger, F. Tower, Mattox, Castle, B. Tower
Harris
There was no other business before the Council.
MOTION:ADJOURN (Castle; second, Esslinger)
CARRIED:VOICE VOTE
The meeting adjourned at 8:15 p.m.
PAMELA R. UBRIG
CITY CLERK
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