HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL
REGARDING BOARDS & COMMISSIONS
CITY OF OSHKOSH, WISCONSIN
JuLY 23, 2019
MEETING held Tuesday, July 23, 2019, at 5:00 p.m. in Room 404, Fourth Floor, City Hall
Mayor Palmeri presided.
PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Jake Krause and
Mayor Lori Palmeri
EXCUSED: Council Members Matt Mugerauer, Bob Poeschl and Bill Miller
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn
Lorenson, City Attorney
DISCUSSION OF BOARD & COMMISSIONS & UPDATED ALTERNATE ORDINANCE
Mayor Palmeri explained she believed the ordinance for board & commission alternates
was on the Council agenda.
Ms. Lorenson stated it was not on this agenda; she had put July 23rd as the date on the
draft ordinance, however, it was a draft for discussion. She explained with the exception
of the police and fire commission and library board, the proposed alternate ordinance
would allow the mayor to appoint, subject to Council approval, two alternates to any
board or commission. She stated it did not require alternates to be appointed, however,
would provide the option. She explained alternates would be two year terms.
Council Member Herman clarified the two year term would be in place for an alternate
even in the case of a board that typically had three year terms.
Ms. Lorenson stated yes.
Mayor Palmeri explained that was similar to the terms for Council liaisons.
Ms. Lorenson agreed.
PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Rohloff explained he believed the proposal of alternates was largely well received,
and if Council agreed with the direction of the draft ordinance, City staff would list it on
the next Council agenda. He stated City staff had indicated many of the existing
alternates attended more meetings than appointed members, which was a testament to
their conscientiousness.
Mayor Palmeri explained she had met with the boards and commission chairs on July 91n
and the comments regarding alternates had been favorable.
Mr. Rohloff presented a chart, and indicated the boards/commissions that did not
currently have an alternate would have the ability to include two. He explained he
believed the draft ordinance was clear and if Council gave direction, City staff would
prepare the ordinance for Council approval.
Council Member Herman stated the advantage to having alternates was if a board
member was no longer able to serve, there would be individuals informed and prepared
to take on the role. He explained it gave individuals the opportunity to be engaged and
involved, and although he initially had only been supportive of alternates for
boards/commissions that had budgetary influence, he believed it was an appropriate
solution for all.
Ms. Lorenson explained if there were not enough individuals to fill both the
board/commission seats and alternate positions, the ordinance would allow for the use
of alternates though not require it.
Council Member Krause stated he believed a board/commission would only get better
with additional individuals being engaged.
Mayor Palmeri explained applications had slowed down since the initial rush. She stated
there were several openings, including an alternate on the board of zoning appeals, the
long range finance committee, public arts and beautification and landmarks commission.
She explained there was a pending application for the open seat on the parks board. She
questioned if Council was prepared to give City staff direction to list the ordinance on
the next Council agenda.
The Council members in attendance agreed.
Council Member Herman stated previously there had been boards/commissions that had
been consolidated.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Rohloff explained parking and traffic review had been consolidated, as had the
Grand Opera House and landmarks commission.
Mayor Palmeri stated Council had been provided with a copy of the study on a diversity
coordinator and the previous boards/commissions study. She explained direction to City
staff on creating a citizens diversity committee was in that report. She asked for an
explanation.
Mr. Rohloff stated as part of the study, City staff had researched what other communities
had done, and many had created different types of committees related to diversity. He
explained the City previously had a human relations committee that had started in 1989.
He stated the goal of such a committee would be to discover how Oshkosh could become
a more welcoming and inclusive community. He explained even communities that had
a diversity coordinator position had referenced a similar committee as being the genesis
of the position. He stated it would begin the discussion on a more formal level and could
be done with an ad-hoc group, which was what he had suggested in the study. He
explained action had not taken place at the time as Council had first wished to review the
existing boards/commissions.
Council Member Herman questioned if the human relations council founded in 1989 was
no longer in existence, and if a future Council had eliminated it.
Mr. Rohloff stated yes, and it had been eliminated as there had no longer been formal
complaints brought before it. He explained the purpose of such a committee now would
not be complaint based, and would be geared towards discussions on how to make
Oshkosh more welcoming and inclusive.
Mayor Palmeri stated at the Highway 41 Initiative regional meeting, the top concerns had
been diversity and attraction/retention of talent. She explained such a committee would
be aligned with the City's strategic plan. She stated she had reached out to other
municipalities who had similar committees, and explained some had been formed in
response to incidents, which was not the position the City wanted to be in. She explained
a public health crisis had been declared in reference to LGBTQ inclusion. She stated
selection for housing reports cite inequities since 2012.
Council Member Herman questioned if the ordinance for such a committee would need
to be recreated.
Mr. Rohloff stated yes; what was listed was what it used to be.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Council Member Herman stated they already had a draft idea of what the committee
would look like, and one of the biggest obstacles would be making sure the Chancellor
of UW Oshkosh would be willing to serve. He explained there may be other portions of
the language that may need to be adjusted.
Mayor Palmeri stated she did not see a number of appointees listed in the ordinance from
1989.
Ms. Lorenson explained she had not been with the City at that point and had not created
the ordinance.
Mr. Rohloff stated the purpose of including the old ordinance was to demonstrate the
history of such a group in the City. He explained he would not necessarily recommend
the former setup. He stated he did not believe the Chancellor would need to serve on the
committee as UW Oshkosh had taken on the topic of diversity and inclusion themselves.
He explained he would encourage participation and engagement from the university, as
they would be a great resource to identify best practices. He stated he agreed with Mayor
Palmeri's statement that it was better to be proactive and form such a committee as
opposed to creating it in response to an incident. He explained there was value in
discussing the topic as it relates to attraction and retention of talent.
Council Member Krause stated he understood the ordinance had passed in 1989 and
questioned if they actually followed through and formed the committee.
Mr. Rohloff stated that they had and it lasted approximately 15 years and had ceased due
to lack of activity. He explained it appeared to have been designed to be a reactive
committee, so if there were no complaints, there was not anything for the committee to
take action on.
Council Members Mugerauer and Poeschl arrived at 5:14 p.m.
Council Member Poeschl stated over the years the committee had changed direction. He
explained the Martin Luther King event at UW Oshkosh was originally a collaborative
event between the university and the human relations council. He questioned when the
committee ceased to function. He stated he was unsure that it had been dissolved; he
believed it just had not been utilized.
Mr. Rohloff explained it had been eliminated, although he did not have a specific date.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Council Member Poeschl stated he understood there had been a period of time in which
there had been a lack of interest in these types of topics, and believed there had also been
a lack of understanding from the citizens of where to go with concerns.
Council Member Krause explained it had been forward thinking of the City to start such
a board in 1989. He stated a committee on diversity and inclusion would bring
individuals with unique perspectives to the conversation. He explained the
demographics of the City had changed, and the committee would be a good platform to
address diversity.
Council Member Poeschl explained he believed there were already issues surrounding
diversity and inclusion in the community, and City officials may not be as responsive as
they should be, as they were just beginning to understand them. He stated he wanted to
bring awareness to concerns that already existed in the community, and the formation of
a committee would give the City an avenue to look at the situation proactively and find
common goals.
Mayor Palmeri stated in the 2016 study it had been suggested that once best practices had
been identified by the committee, it would not necessarily be needed beyond that.
Mr. Rohloff explained in the report it had been explained that Council may consider an
ad-hoc committee to identify best practices. He stated an ad-hoc committee did not have
the permanency of a citizen committee, however, the work of such a committee may set
the stage for a more permanent solution. He explained Council could begin by forming
an ad-hoc committee to see it if had a place, and if it was not a good tool, Council would
have the flexibility to proceed in a different way.
Council Member Mugerauer clarified if the idea was to start with an ad-hoc committee
and giving them a purpose, and based on the results of their work, either turn it into a
permanent committee or disband it.
Mr. Rohloff explained that had been the suggestion and it was up to Council how in-
depth they wished to get.
Council Member Allison-Aasby questioned how the ad-hoc committee members would
be selected.
Mr. Rohloff explained he believed it would be through appointment, similar to any other
committee.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mayor Palmeri stated with the rental housing advisory board, Council was more specific
in regards to areas of the community they wished to have represented.
Council Member Krause explained he believed there was enough interest in the topic in
the community that the City would have a good pool of applicants with various
backgrounds.
Mayor Palmeri explained it had been previously discussed to involve other community
leaders such as the school board, the university and local hospitals. She stated she
believed Council should be specific in the types of representation they wanted to have
for the committee, however, not too specific as it would prevent the spots from being
filled.
Council Member Herman explained he believed the purpose of the committee should be
determined prior to its formation.
Mayor Palmeri stated the committee would be asked to identify best practices.
Council Member Herman questioned the best practices of what.
Mayor Palmeri explained best practices related to diversity and inclusion, and how it
related to the City's strategic plan.
Council Member Krause questioned if the ad-hoc committee could discuss their goals
and provide that information to Council.
Mayor Palmeri stated they would be able to come up with advisory items and
suggestions that otherwise may not have occurred to Council.
Council Member Krause explained he believed leaders were not necessarily the best
people to get that type of information from, oftentimes the best ideas came from those
entrenched in the issues.
Mayor Palmeri stated she would expect citizen participation.
Council Member Mugerauer questioned who would appoint the members of the ad-hoc
committee. He questioned if it would be City staff, Council or just the Mayor. He stated
he recalled the last ad-hoc committee was related to special events, and he believed Mr.
Rohloff had appointed the members. He explained he had not been on Council at that
point, and questioned if Council had any input on his selection.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Rohloff stated because he believed it would be policy oriented, he envisioned the
Council would approve appointments from the Mayor, just as with the other
boards/commissions. He recommended reaching out to other communities with similar
committees and questioning how their members were selected. He questioned if Council
would like City staff to begin putting together a draft ordinance regarding the formation
of an ad-hoc committee.
Several Council Members stated yes.
Mr. Rohloff stated City staff would do so.
Mayor Palmeri questioned if Council would like to entertain the idea of term limits for
boards and commission members.
Council Member Herman stated he and Mayor Palmeri had discussed the potential of
term limits for certain boards and commissions, as well as term limits for Council
Members. He explained the City of Green Say had a ten year limit for Council Members,
and after that,they would need to be off at least one term before running again. He stated
he believed if term limits were put in place for boards and commissions, they should also
be put in place for Council. He explained he believed if an individual served the
maximum amount of time on one board/commission, they would be able to apply to a
different one thereafter.
Council Member Krause stated he believed because there was not significant interest in
the boards/commissions, term limits could be detrimental to membership. He explained
he thought term limits for Council may encourage additional people to run, who were
otherwise too intimidated to do so.
Council Member Allison-Aasby stated citizens determined when someone's term was up
on Council; it was an elected position versus an appointed position. She explained in
regards to board/commission term limits, she could see the benefit both ways. She stated
there was the school of thought that there was not enough applicants to fill positions. She
explained there were also several boards that had members who served for many years,
and other types of boards had term limits that required members to step off for a year
prior to reapplying. She stated she was not certain whether or not she was in favor of
term limits for boards/commissions, however, she believed there was a significant
difference in comparing elected individuals versus appointed individuals.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Council Member Mugerauer explained he agreed with Council Member Allison-Aasby.
He stated in regards to the boards/commissions, he would not be opposed to term limits.
He explained creating openings did create interest and additional applicants.
Council Member Poeschl questioned what an appropriate limit would be.
Council Member Miller arrived at 5:25 p.m.
Council Member Miller questioned how many individuals currently serving on the
boards/commissions would be over the term limit once it was selected. He stated there
would be ramifications to the boards/commissions based on that decision.
Council Member Herman explained there was also value to having members with many
years of experience on some of the boards, and some it took between one and two years
before a member 'got up to speed'. He stated he was not in support of term limits for
Council Members as he believed as elected officials the citizens determined when their
term was up. He explained in regards to boards/commissions, if a citizen was engaged
and the board chairs were not asking for individuals to be removed and an individual
wished to continue to serve, he believed Council should let them.
Mayor Palmeri stated the feedback she had received was a number of people had been
discouraged from applying because they felt some members had served for so long that
there was not an opportunity to have a turn to serve. She explained she believed Council
should be thoughtful in choosing the term limit, if that was the direction they went, and
select a limit such as ten years.
Council Member Allison-Aasby asked for an explanation of why Mayor Palmeri believed
individuals were not applying.
Mayor Palmeri explained she had spoken to approximately eight people who had been
discouraged, as they felt that some members had served for a significant amount of time,
and they would apply and not hear back. She stated she had asked City staff to make
sure Council had open spots current on the City website. She questioned if it was an item
Council would like to revisit in a future discussion.
Council Member Poeschl stated he was not satisfied that Council had come to any type
of consensus regarding term limits. He explained he was interested in further
conversation on the topic. He stated he was interested to learn about other communities
that had term limits on Council Members.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mayor Palmeri stated she was talking about boards and commissions; not Council.
Council Member Poeschl explained he was open to a discussion about both. He stated
he believed it was an interesting component in shaping how decisions were made. He
explained term limits may create shifts into more progressive and up to date thought
processes as bringing on new members could create new ideas.
Mayor Palmeri questioned if he would like to see the topic at a future Council meeting
for additional discussion.
Council Member Poeschl stated he did not think it was a discussion that should be limited
to Council, he believed it should be opened to the community. He explained he was also
in support of having the conversation about Council term limits.
Mayor Palmeri questioned if anyone was opposed to the topic being listed on a future
agenda.
There was no opposition.
Mayor Palmeri stated there had been previous discussion about establishing a Mayor's
Youth Council. She explained after conversations with various community members as
well as neighboring municipalities, she decided she would recommend to not proceed
with the idea. She recommended creating a form of youth appointment to the various
existing boards/commissions, to allow them the opportunity to weigh in on topics. She
stated one option would be a participatory, non-voting role on a specific
board/commission that the youth was interested in. She explained another option would
be a group of youth that would rotate through each of the boards/commissions over the
course of a year, similar to Leadership Oshkosh.
Council Member Mugerauer stated it was his understanding that Leadership Oshkosh
had members that held positions on the various boards/commissions. He questioned if
the City would utilize Youth Leadership Oshkosh to do the same.
Council Member Allison-Aasby questioned if Mayor Palmeri was describing some form
of around robin'.
Mayor Palmeri stated she was open to either option. She explained there could be a youth
who applied who was interested parks and would be suited for the parks board.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Council Member Herman stated he thought it would be a great opportunity for the youth
to pursue boards/commissions they were interested in. He explained he was aware that
the Convention and Visitors Bureau board had an individual from Leadership Oshkosh
participate in the board for a one year term. He stated one of those individuals had
subsequently filled a permanent position that had opened. He explained he thought it
was a great idea.
Mayor Palmeri questioned if it would require an ordinance to allow youth to serve in a
non-voting capacity or if it would be up to each individual board/commission.
Ms. Lorenson stated she could see it being accomplished either way. She explained if the
youth would not have voting rights or any authority she did not necessarily believe it
would need to be included in the ordinance. She stated she would also be able to prepare
something that would allow the participation of non-voting youth.
Mr. Rohloff recommended waiting until after the alternate ordinance was sent to Council
instead of slowing down that process by adding additional language about youth.
Council Member Miller stated he did not think it was an urgent matter.
Mayor Palmeri explained she was thinking the age group would be busy when the school
year started, and believed it may be appropriate to introduce in January. She questioned
if that would be an acceptable timeframe to initiate implementation.
Ms. Lorenson stated it could be completed before January.
Mr. Rohloff explained there had been previous discussion related to the youth council
with area principals, and there may be benefit in discussing the topic with them. He
stated they would be a good resource for recommending students.
Council Member Allison-Aasby stated she did not want to rush it through.
Council Member Poeschl question what the process was for the individuals from
Leadership Oshkosh. He explained as non-voting members, they were not appointed or
approved by Council.
Mr. Rohloff stated that was why he did not believe the City would utilize Youth
Leadership Oshkosh as they were a selected group from the Chamber of Commerce. He
recommended finding candidates through the school principals.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mayor Palmeri explained she had spoken with the Boys and Girls Club and other entities
about recruitment and potential sponsorship. She stated the appointments to the
extraterritorial zoning committee that were listed on the agenda for this evening were
required by statutes to be plan commission members.
Ms. Lorenson explained it was a sub-committee of the plan commission.
MOTION: ADJOURN (Herman; second, Poeschl)
CARRIED: VOICE VOTE
The meeting adjourned at 5:51 p.m.
PAMELA R. UBRIG
CITY CLERK
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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
JuLY 23, 2019
REGULAR MEETING held Tuesday, July 23, 2019, at 6:00 p.m. in Council Chambers, City
Hall
Mayor Palmeri presided.
PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Matt Mugerauer,
Jake Krause, Bob Poeschl, Sill Miller and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney and James Rabe, Director of Public Works
Council Member Allison-Aasby read the Invocation.
The Pledge of Allegiance was led by Council Member Allison-Aasby.
INTRODUCTION OF CITY STAFF
Allen Davis, Director of Community Development, introduced Mark Lyons, Planning
Services Manager.
Jim Collins, Director of Transportation, introduced Steven Tomasik, Transit Operations
Manager.
PRESENTATION
Tim Hess, Invista Analytics, and Art Dumke, Decade Properties, presented the plans for
the redevelopment of Pioneer Island and marina. He explained the plans for the marina
included a new boat launch, additional piers, recreational watercraft rentals, extended
stay suites and a boat house expansion. He stated the island would be designed as a
recreation micro-resort with a lodge and restaurant, public swimming pool, event tent
rentals, zip lining, recreational condos and glamping sites. He reviewed the exceptional
site specific costs which included dredging, sea walls and the river walk. He explained
the plans had been developed over several years and the designation of an opportunity
zone and TIF assistance would make the redevelopment possible. He described the ideal
PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
expedited timeline. He explained opportunity zone funding may result in an even bigger
plan. He stated the redevelopment of the property would bring positive momentum to
the City.
Mayor Palmeri stated it appeared that a significant portion of the island design was
parking lots, and questioned if that was the glamping sites.
Mr. Hess explained the glamping sites were located on the northeast end of the island
looking out towards the lake.
Mayor Palmeri questioned what a glamping site was.
Mr. Hess explained the idea was to construct a deck and have tents on top of the deck.
Mayor Palmeri stated they could utilize yurts or a different type of unit. She questioned
if the black on the island design slide was parking lot.
Mr. Hess stated yes; and the dark green would be pervious parking.
Council Member Miller questioned if it was the existing parking lot.
Mr. Hess stated yes, and the plan would reduce the amount of impervious surface on the
island.
Mayor Palmeri clarified that the black was existing parking space.
Mr. Hess explained in terms of square footage,yes, though it may not be the same design.
Council Member Allison-Aasby stated if the developer was requesting an expedited
timeline, Council would need to review actual numbers.
Mr. Hess explained his goal was to provide that information in the following week.
Council Member Allison-Aasby questioned if the opportunity zone funding could result
in the 12 units of extended stay suites becoming a larger hotel, or if a larger hotel would
be in addition to the 12 units of extended stay suites.
Mr. Dumke explained the 12 units of extended stay suites would remain. He stated the
marina design would likely remain the same, it would be the island design that would
change with the additional opportunity zone funds.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Council Member Allison-Aasby questioned if the management of the marina would be
the same as the rest of the development.
Mr. Dumke stated it would depend on the investors, however, it would be likely that it
would be the same. He explained his team would run the marina, and would be willing
to run the island, however, if an investor had a different management idea for the island
he would be willing to consider it.
Council Member Miller questioned how long he had been involved in the property.
Mr. Dumke stated five years.
Council Member Miller stated it was his understanding that it had been in disrepair for
a number of years.
Mr. Hess explained that it had, however, the work over the past few years had the
property in better shape.
Mr. Rohloff stated the main concern for the City would be the development agreement
in December. He explained the project would need to be vetted by the Wisconsin
Department of Natural Resources (WDNR) and City staff was hopeful it would be well
received. He stated their response to the project would have an impact on the financial
data. He explained challenges would include dredging the marina and seawall. He
stated the TIF as proposed would not be able to cover the seawall and offer pay-go
incentives. He stated grant assistance would be necessary. He explained the island
would be the culmination of the river walk and City staff would work closely with the
developer and the WDNR.
Council Member Mugerauer questioned what the impact of the compressed timeline
would be. if it was achievable and if there were negative repercussions.
Mr. Rohloff stated when the TIF plan was put together City staff would need to include
all of the possibilities that may result. He explained the key would be the development
agreement as he felt confident the TIF could be approved by September 301h. He stated
that deadline would allow the start date of the TIF to go back to January 1,2019, otherwise
it would not be in place until January 1, 2020, which would negatively impact the TIF.
He explained the developers wanted to take full advantage of opportunity zone funding.
Mr. Hess agreed.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Dumke indicated four years ago they had conducted a feasibility study, which
demonstrated 71 percent of hotel stays in the area were related to business travel. He
stated the remaining stays were split between tourism and convention. He explained
they believed they were making the best choice for Oshkosh without developing a resort,
however, would be open to an investor who had the funding to create one.
Mayor Palmeri stated it was her understanding the project had been developed over a
period of time, and was concerned that the developers were asking for a compressed
timeline for a decision from Council with only the plan commission scheduled into
review the plans.
Mr. Hess agreed.
Mr. Rohloff explained the City was required to follow the law regardless of their
compressed schedule. He stated they were completing the minimum amount of public
notice required. He explained between September 301h and December 101h there would
be significant time for discussion.
Mayor Palmeri questioned if the sustainability advisory board should be involved.
Mr. Rohloff stated it was not typical for the sustainability advisory board to review TIF
plans. He explained he was not certain there would be enough detail for the any of the
boards to comment on the plan as much of the information was conceptual. He stated
the WDNR would determine much of the final results.
Council Member Allison-Aasby questioned if the City would be required to work with
the railroad related to the project.
Mr. Davis explained the short term plans would not change the existing railroad crossing.
He stated there was the TIF component to the project in addition to the planning, zoning
and site plan piece. He explained zoning approvals would be required to go before plan
commission and Council.
Council Member Allison-Aasby stated she understood working with the railroad was not
a quick process. She thanked the developer for being transparent and direct.
Council Member Miller explained he did not have any concerns about the compressed
timeline as the property had been in disrepair for a number of years. He stated he was
excited about the project.
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PROCEEDINGS OF THE COMMON COUNCIL—JULY 23, 2019
Council Member Poeschl thanked the developer for bringing the proposal forward. He
questioned if the boundary of the site reached between 151h Avenue and 161h Avenue.
Mr. Hess stated according to the assessor's office that was correct.
Council Member Poeschl stated he had not realized the property was so large. He
questioned if there was any thought to developing the peninsula area.
Mr. Dumke explained they planned to install additional docks.
Council Member Poeschl stated the area had historically been a fishing site. He
questioned if that was conducive to their plans.
Mr. Dumke explained a significant portion of the island would be geared towards
outdoor activities such as fishing. He stated dredging would occur, which would
enhance fishing.
Council Member Poeschl questioned where they visualized the location of the river walk.
Mr. Dumke indicated on the slide that the lighter portion would be river walk that was
similar to what existed downtown, and the pink color was the portion that the developer
would install, which would be constructed differently for a financial savings. He stated
the goal was to continue the river walk through the middle of the island, to avoid
disturbing fishing locations.
Mayor Palmeri questioned if that would mean there would not be a river walk on the
north end of the island.
Mr. Dumke stated it would be on the north end, just not on the tip.
Mayor Palmeri thanked them for their presentation.
CITIZEN STATEMENTS
There were no citizen statements to Council.
CONSENT AGENDA
Report of Sills by the Finance Director
Receipt & Filing of Common Council Minutes from June 251h&July 91h 2019
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Receipt of Claims filed with the City's Insurance Company:
A)David Stamborski for alleged damages to his vehicle from street repairs
B)Brittany Summer for alleged damages from vehicle accident involving a
City bus
Resolution 19-403 Approve Amendment to 2018 Capital Improvement Program (CIP)
Budget — Rainbow Memorial Park Ball Field Improvement Fund in
the amount of$15,000.00
Resolution 19-404 Approve Amendments to 2019 Operations Budget for:
A) Museum Membership $3000.00
B) Street Tree Fund $18,000.00
Resolution 19-405 Authorize Submittal of Lead Based Hazard Reduction Grant to HUD
Resolution 19-406 Award Bid to Vermeer, Wisconsin for Trencher/Backhoe for Electric
Division ($89,233.00)
Resolution 19-407 Award Bid to Fairchild Equipment for Industrial Forklift for
Wastewater Treatment Plant ($29,895.00)
Resolution 19-408 Award Bid to Midland Engineering Co. Inc. for Carriage House Roof
Replacement for Oshkosh Public Museum ($384,700.00)
Resolution 19-409 Approve Professional Services Proposal to Lee Recreation, LLC for
Playground Design & Installation for Menominee Park Little
Oshkosh Replacement ($495,000.00)
Resolution 19-410 Approve Professional Services Agreement for Design Changes,
Bidding Assistance, Environmental & Field Inspection Services for
the Construction of City Contract No. 19-02 Jeld-Wen Stringham
Watershed Outfall Reconstruction/AECOM Technical Services, Inc.
($121,805.00)
Resolution 19-411 Approve Amendment to Professional Services Agreement for Storm
Water Management Plan for Gallups/Merritts Creek Watershed /
Brown & Caldwell ($13,975.00)
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Resolution 19-412 Approve Special Event — Badger State Outboard Association to
utilize Menominee Park Millers Say for the Shake the Lake
Hydroplane Races /August 31, 2019
Resolution 19-413 Approve Special Event — Oshkosh Senior Softball to utilize Reetz
Softball Complex at Menominee Park for the Badger Classic Senior
Softball Tournament/ September 5 — 8, 2019
Resolution 19-414 Approve Special Event — First Congregational Church to utilize
Brown Street for the FCC Fall Fun Fest/ September 8, 2019
Resolution 19-415 Approve Special Event—Trinity Lutheran Church& School to utilize
Menominee Park for the Make a Joyful Noise event / September 14
& 15, 2019
Resolution 19-416 Approve Special Event — Cool Events, LLC to hold the Bubble Run
5K on the Experimental Aircraft Association (EAA) grounds /
September 21, 2019
Resolution 19-417 Approve Special Event — Community for Hope to Menominee Park
& City streets for the 5K Walk-Run for Suicide Awareness /
September 21, 2019
Resolution 19-418 Approve Special Event— Special Olympics Wisconsin to utilize City
streets for the Run with the Cops 5K/October 3, 2019
Resolution 19-419 Approve Special Event—Labor of Love d/b/a Bella Medical Clinic to
utilize City streets & South Park for the Walk for Life event/October
5, 2019
Resolution 19-420 Approve Special Event — Boys & Girls Club Oshkosh to hold
Doctoberfest at Dockside Tavern & to utilize City streets &
Riverwalk for their 2K Bier Run/October 5, 2019
Resolution 19-421 Approve Special Event — Downtown Oshkosh Business
Improvement District (BID) to utilize City streets for the Downtown
Oshkosh Trick or Treat/October 30, 2019
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Resolution 19-422 Approve Special Event — Downtown Oshkosh Business
Improvement District (BID) to utilize Opera House Square & City
streets for the Downtown Whoville Holiday event / November 23,
2019
Resolution 19-423 Approve Block Party—Jenifer Jensen to utilize Crane Street between
Wilson Avenue & the cul-du-sac for their neighborhood block party
/August 6, 2019
Resolution 19-424 Approve Block Party — Tom Haanen to utilize W. 151h Avenue
between Minnesota Street & Iowa Street for their neighborhood
block party/August 6, 2019
Resolution 19-425 Approve Block Party — Lisa Helbing to utilize W Nevada Avenue
between Jackson Street & Wisconsin Street to hold their
neighborhood block party/August 6, 2019
Resolution 19-426 Approve Block Party—Joseph Butler to utilize Evans Street between
Mallard Avenue & Greenwood Court to hold their neighborhood
block party/August 6, 2019
Resolution 19-427 Approve Block Party — Becca Cherwin to utilize Woodstock Street
from Fox Trail Lane to the intersection of Monclair Place &Bernheim
Street to hold their neighborhood block party/August 24, 2019
Resolution 19-428 Update Designation of Authorized Individuals for City Investment
Transfers
Resolution 19-429 Approve Appointment to the Extraterritorial Zoning Committee /
John Kiefer
Resolution 19-430 Approve Appointment to the Extraterritorial Zoning Committee /
Mike Ford
Resolution 19-431 Approve Appointment to the Extraterritorial Zoning Committee /
John Hinz
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Resolution 19-432 Approve Special Class "B" Licenses, Operator Licenses & Taxi-Cab
Driver Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 19-409
(Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Resolution 19-409 Approve Professional Services Proposal to Lee Recreation, LLC for
Playground Design & Installation for Menominee Park Little
Oshkosh Replacement ($495,000.00)
MOTION: ADOPT (Poeschl; second, Miller)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Council Member Miller stated he would support the resolution, however, he wanted to
discuss how the City had ended up paying nearly$500,000 dollars for a playground. He
explained a group of citizens had got behind the Little Oshkosh project several years ago
and it had seemed like a good idea, however, the group had disbanded and the City was
left with the maintenance cost. He stated it was frustrating to have a group of people
commit to fund and maintain a playground and then break that commitment.
Mayor Palmeri stated it was her understanding the City had not taken bids on the project.
Mr. Rohloff explained they had taken proposals because the various firms had different
professional and artistic means to presenting the information. He stated they were made
aware of the City's budget and proposed what they were able to do within the established
parameters, such as the requirement of the poured in place surface. He explained City
staff had utilized POLCO for a survey as well as surveys during Live at the Leach, and
this design had received the approximately 42 percent of the votes. He stated City staff
also believed the design to be the best option. He presented a slide of the design.
Mayor Palmeri explained she had received questions from community groups about why
there were not benches, shade or a splash pad.
Council Member Herman stated he was on the parks board when the plans had come
forward, and eight firms had submitted a proposal. He explained they had hoped that
Little Oshkosh could be rebuilt, and although it could not, this was a great design that
would last a long time. He stated it had been included in the capital improvement plan
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PROCEEDINGS OF THE COMMON COUNCIL—JULY 23, 2019
and the cost fell within budget.
Council Member Krause questioned if benches would be added.
Mr. Rohloff stated items such as benches would be added over time. He explained
Council had approved an additional play area, which had been proposed by the
Menominee south neighborhood association, and would be located adjacent to the site.
He stated he would support the addition of benches.
Council Member Allison-Aasby questioned if additional amenities could be added
through fundraising.
Mr. Rohloff stated yes. He explained he was certain Ray Maurer, Director of Parks, was
developing methods for fundraising. He stated he knew there was a number of citizens
excited about the park, while there were some who were disappointed about the loss of
Little Oshkosh due to nostalgia.
Mayor Palmeri explained there were a number of people upset about the lack of a splash
pad, as there was not one located in this area of the City.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 19-433 Establish Street Grades / North Koeller Street & North Westfield
Street
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Ordinance 19-434 Approve Zone Change from Institutional District (I) to Institutional
District with a Planned Development Overlay (I-PD) 215 Church
Avenue
MOTION: ADOPT (Mugerauer; second, Miller)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Mr. Rohloff presented a slide that showed what the fencing would look like. He indicated
it was similar to the fencing at the public works facility.
Mark Lyons, Planning Services Manager, presented a site map. He explained the gate
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
would be of the same metal material.
Mayor Palmeri questioned if the gates were sliding or swung open.
Mr. Rabe explained they were sliding.
Council Member Mugerauer stated it was his understanding that it would be similar to
the central garage in terms of layout and material.
Mr. Rabe stated yes.
Ordinance 19-435 Approve Amendments to Chapter 11 Electrical Code of the City of
Oshkosh Municipal Code
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Mayor Palmeri asked for an explanation of the amendments.
Ms. Lorenson explained it was largely a clean-up of the code due to the State restricting
the ability of the City to be able to regulate certain items. She stated the amendment was
bringing the City municipal code up to date to match the changes from the State.
Mayor Palmeri questioned what some of the specific changes were.
Mr. Davis stated there had been a local licensing requirement that had been eliminated
as licensing was completed through the State.
Ordinance 19-436 Create Chapter 21 of the Oshkosh Municipal Code Pertaining to
Public Construction & Services / Methods of Payment / Special
Charges / Special Assessments / Transportation Utility Fee &
Amending Portions of Chapter 14 Storm Water Management,
Chapter 24 Wastewater Systems, Chapter 25 Streets & Sidewalk &
Chapter 28 Water Pertaining to Public Construction & Services &
Methods of Payment
Mark Schultz, 902 Bavarian Court, stated he was against the proposal. He questioned if
Council was aware of how many other municipalities in Wisconsin had a wheel tax.
Council Member Mugerauer stated approximately 20.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Rohloff agreed.
Mr. Schultz stated 27. He questioned if Council was aware of how many counties had a
wheel tax in Wisconsin.
Council Member Mugerauer stated he was aware of a few.
Mr. Schultz indicated 11. He explained he did not believe Council had done enough
research and were too focused on the transportation fee. He stated most of the
municipalities who had the wheel tax charged between $20 and $30 dollars and the
Wisconsin Department of Transportation (WDOT) received approximately .17 cents of
that. He questioned how many vehicles were registered in Oshkosh.
Mayor Palmeri stated she believed it was approximately 50,000 vehicles.
Mr. Schultz explained the proposal indicated to raise the necessary funds it would require
a $65 annual vehicle registration fee. He stated he believed the proposed transportation
fee would be a burden on the business community. He explained he believed this was
the type of topic that the citizens should decide on via vote. He reiterated he was against
the proposed fee.
Mr. Rohloff explained the WDOT had estimated Oshkosh had approximately 53,000
registered vehicles. He stated City staff was aware from other communities who had
enacted a wheel tax that oftentimes the reporting of vehicles was not accurate until after
the fee was in place. He explained his direct experience in Appleton when the wheel tax
was enacted was that there was a five to ten percent loss of registered vehicles as after
the tax was in place, it was determined they were registered in Grand Chute. He stated
that was why the City had used 50,000 vehicles as an estimate. He explained to raise the
required funds it would require a wheel tax of$65.
Council Member Miller questioned if that number included the cost of sidewalks.
Mr. Rohloff stated it would include the cost of sidewalks.
John Morelli, 1814 W. Waukau Avenue, stated he had conducted research on the City's
website, and the organizational chart displayed voters at the top. He explained he
believed the topic should be sent to referendum. He stated he believed the ordinance
should be tabled as many members of the business community were too busy to attend
the meeting due to EAA. He requested if the proposal should pass it should only do so
by unanimous vote.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mark Miller, 1870 Stillman Drive, explained he believed each business should have a
choice as to what would work best with their business plan. He stated he agreed the
roads in the community required repairs. He explained he believed a program could be
created that would function for the community as a whole. He stated a storm water fee
was included in the metrics of the transportation fee, which was a charge that already
existed, resulting in double taxation on impervious surfaces for businesses and industry.
He stated his personal business would elect the special assessment option as it would be
a depreciable capital expense. He requested involving the various sectors of the
community, perhaps in the form of a committee.
Bernie Pitz, 617 W. Irving Avenue, explained he was against the proposal. He suggested
the City utilize TIFs in the districts they wanted to repave. He stated in regards to a wheel
tax, students attending UW Oshkosh that utilize the parking lots should be required to
pay. He explained the most equitable solution would be a sales tax, enacted at .50 cent at
the county level, and the City would receive .25 cents of those funds. He stated that
would be fair as it would include all of the visitors who utilized the roads in Oshkosh.
He explained he believed the school district could potentially receive the other .25
percent, as the TIFs the City continued to implement had an adverse effect on the school
district and residents. He stated he owned a property on the corner of Church Avenue
and Wisconsin Street, and the fee would cost him nearly $1,000 dollars a year. He
explained when Wisconsin Street was repaved, the cost should have been covered by the
State as it was an interconnecting highway. He stated because there was a falsification in
the records indicating there would be parking on the street, the State would not cover the
cost. He explained the City had agreed to pay 25 percent of the cost, and in turn assessed
the property owners. He questioned if the transportation fee would cover the third of
the cost that the City was supposed to pay, and if so, it meant that a tax was being added.
He stated it was not a fair situation. He described an additional situation where he had
been required to pay for various roadwork at another property he owned. He
recommended the ordinance be tabled and for the City to begin working with the County
on a sales tax.
Tim Smith, 1705 Oshkosh Avenue, explained he had purchased his home at the corner of
Oshkosh Avenue and Westfield Street in 2015 and within months had received
notification from the City that Westfield Street was scheduled to be replaced. He stated
he had a large lot and received an estimate of$26,000 for dollars for improvements. He
explained the end cost was$19,000 and he had selected the option to spread the cost over
15 years on his tax bill. He stated due to the six percent interest charge, his final cost at
the end of 15 years would be just over$26,000 dollars. He explained he used the street in
front of his home, although there were others who used it more, and he did not drive on
every street in the City. He stated there was significant development in the City,
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
specifically on Oshkosh Avenue, which would increase traffic. He explained he was not
a proponent of new fees or taxes, however, he did support the transportation fee as he
believed it was a better system than what was currently in place. He stated he had
watched the development of the proposal and believed it was an equitable system as the
community as a whole would cover the costs of the streets they travelled on. He
explained since the special assessment charge his tax burden had increased 35 percent,
with 30 percent related to the street work and a 5 percent general increase. He stated
single family residents were not able to request a pay raise to assist in paying for special
assessments, while businesses had some options. He explained he believed the proposal
should be approved and enacted, as he understood he may otherwise face future special
assessment charges. He stated he would gladly pay his current assessment and the
monthly fee as assurance that it would not happen again.
Wayne Jungwirth, 60 E. Waukau Avenue, stated he disagreed with Mr. Smith. He
explained he thought it was unlikely that his street would be repaved in his lifetime. He
stated he had attended meetings in which the trucks that delivered goods within the City
were portrayed in a negative light for destroying the streets. He explained the use of
large trucks resulted in lower priced goods, and they paid significant taxes. He stated
coming to an equitable solution related to individuals who had already paid special
assessment charges would be difficult. He explained it was his understanding that water
rates increased 11 percent, and questioned if that was accurate.
Mr. Rabe explained City staff had not submitted the most recent approved application to
the Wisconsin Public Service Commission.
Mr. Jungwirth stated it would increase an additional 11 percent, while annual inflation
in the nation was approximately 2 percent. He explained in reference to storm water, in
2008 the rate had been$48 dollars, and today it was $130 dollars. He stated the proposed
fee churches, schools and municipal buildings would be charge and would ultimately be
passed onto the taxpayers, which meant single family residents would end up paying
much more than $54 dollars annually. He explained he believed the City calculation
regarding the cost of the program was incorrect. He stated at the meeting with the
Chamber of Commerce he did not believe anyone had been in favor of the proposal.
Charles Hertel, 4489 Sand Pit Road, stated he did not live in the City limits, however, he
owned a building in the City on Washington Avenue, and was an attorney and partner
in Dempsey Law Firm. He agreed with the individuals who had opposed the
transportation utility fee. He stated it was not at all clear that the City had the legal
authority to impose such a fee. He explained Council had received a letter from Attorney
Cory Fish from the Wisconsin Manufacturers and Commerce Association that addressed
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
the legal concerns about the proposed fee. He stated he agreed with the analysis and
thought it was likely that the program would be mired in litigation for a number of years.
He explained he thought it was probable that there would be an injunction stopping the
implementation of the program while the litigation was ongoing. He stated the City of
Neenah had recently implemented a similar fee, and their City Attorney had appeared at
the 2019 Municipal Attorneys Institute to speak about the fee. He stated he had
acknowledged that there was no specific statutory authority that would provide the basis
for such a fee. He explained the attorney had put in writing that he fully expected
litigation. He stated Neenah was the only municipality in Wisconsin that had a
comparable program. He explained the Village of Weston had planned to adopt a similar
program,however, after it went to referendum it was rejected. He stated similar fees had
been examined in other states, and in four of the five states where the fee had gone to the
Supreme Court, it had been rejected as an illegal taxation. He explained calling it a fee
would not prevent examination by the courts. He urged Council to reject the proposal
until the litigation resolved in Neenah, as he was certain it would occur.
John Casper, 120 Jackson Street, stated he was present to represent the Chamber of
Commerce, which had approximately 900 members in Oshkosh. He explained they were
opposed to the proposal, and did not believe it was a fair or equitable means to finance
street work or sidewalk repair. He explained the business community had not asked
Council for a relief in special assessment costs. He stated they believed the metrics were
not correct, as there was no correlation between impervious surface and wear/tear on
streets or sidewalks. He explained the weather was detrimental to these surfaces. He
stated it appeared the primary goal of the proposal was to provide assessment relief to
residential property owners. He explained the proposal disproportionately taxed non-
residential property owners. He stated he believed the transportation utility fee would
be in violation of State Statutes. He explained he did believe the proposal was a 'money
grab', especially related to including the cost of City sidewalks. He stated the City was
consistently attempting to raise additional revenue. He explained the sidewalk repair
program should be funded through the City's general fund. He stated parcels on a
campus should not be individually charged. He explained they disagreed with charging
property owners who recently received special assessments. He stated the business
community would like to solve the problem in an equitable manner.
Dan Shea, 3175 Atlas Avenue, stated he had owned several residential properties in the
City and currently owned a business in the industrial park. He explained while he
understood as a business owner he had the obligation to help the community, he
disagreed with the inclusion of the sidewalk program. He stated he believed the
proposed fee amount would likely change as material costs increased. He explained he
agreed with the earlier statement that the proposal would result in double taxation as the
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
taxpayer would end up paying the costs to the churches and municipal buildings. He
recommended the City reconsider a wheel tax. He disagreed with the metrics used to
calculate units. He stated Neenah was the only municipality with a similar system, and
it was yet to be determined if it would work. He explained while he had empathy for
property owners, it was the 'cost of doing business' and they were responsible for their
share of the cost. He stated it seemed coincidental that the water bills had been switched
to monthly, and he believed it was done to make the cost seem more reasonable to
customers.
MOTION: ADOPT (Allison-Aasby; second, Mugerauer)
Council Member Mugerauer thanked those who had become engaged in the topic. He
explained a year ago, the long range finance committee had been tasked to find a fair and
equitable way to pay for roadwork. He stated everyone in the community utilized the
roads, and benefited from having a well maintained system. He explained he did not
believe the process had been rushed. He stated the proposal had never been geared
towards one individual situation. He explained it was a better solution for those
burdened with special assessment costs, and while it was not perfect, perfection was not
attainable. He stated he empathized with those who had recently incurred special
assessment charges, however, that cost was for work that had already been completed.
He asked those individuals to consider how much of an impact the cost had, and hoped
they would realize that just because they had suffered did not mean others should as
well.
Council Member Miller stated he did not believe this was an equitable solution for
business owners or multi-family property owners.
MOTION: TABLE (Miller; no second)
LOST: LACK OF SECOND
Council Member Allison-Aasby thanked Council Member Mugerauer for his work with
the long range finance committee and for working with City staff. She stated she had
never been in favor of using utilities as the means to alleviate special assessments. She
explained she was not fully in support of the proposal, however, did not fully agree with
the proposal by the Chamber of Commerce. She agreed that there could be a better
solution arrived at by collaboration. She stated there had been businesses seeking a better
solution than the current policy. She explained verbiage such as 'money grab' and threat
of lawsuits was not an indication that certain portions of the business community wanted
to work collaboratively. She stated she was not in favor of the current proposal,however,
did believe something needed to be done to alleviate the burden, as it was catastrophic
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
to some small and midsize businesses, young families and senior citizens. She explained
she appreciated the individuals who had attended the Council meeting with a true
intention of collaboration. She stated she would not support the proposal, however,
would support reviewing the topic until the end of the year to come up with a solution.
Council Member Herman explained he understood change was difficult. He stated he
had brought forward the idea of a wheel tax over a year ago, however, far too many
businesses would be exempt. He explained the idea of a sales tax had been discussed
two years ago, and was voted down by the County Board. He stated he was supportive
of it, however, the County was not open to the idea. He explained if the ordinance was
laid over it would cost the City $272,000 dollars per month. He stated if it would be
approved, the City could save one million dollars in costs related to citizens who selected
the borrowing options. He explained he was in favor of compromise and agreed with
Mr. Casper that sidewalk rehabilitation should not be included in the fee. He stated
Council had received an email questioning if subdivisions were exempt, and explained
they were not as the developer agreements indicated what the developer was responsible
for assessments. He explained any vehicle 8,000 pounds or more would be exempt under
a wheel tax. He stated students at the university had vehicles that were parked in the
student lots, however, they were oftentimes registered to their parents or in their home
town, and would therefore not be charged under a wheel tax. He explained Council
received feedback from many citizens that they were not able to afford the special
assessment charges. He stated the storm water rates increased as the utility funded the
storm water portion of the street reconstruction. He explained the fee would only replace
a portion of the special assessment charge; there would still be charges associated with
the utility work. He stated he was not certain that the proposal was the correct option,
however, he recognized that something had to be done as it was costing the taxpayers
more money the longer it was delayed. He explained he did not think having a wheel
tax for citizens and specially assessing businesses was the correct solution. He stated he
believed the long range finance committee had researched options and created the
proposal, and he was not certain what the most equitable solution would be. He
explained it was not an easy decision and Council would need to be mindful and
represent all the citizens of Oshkosh with their vote.
Council Member Poeschl stated as a resident, he was in favor of the current special
assessment policy, however, he believed there was still an opportunity to review and
potentially modify it. He explained he was in favor of a wheel tax. He stated he was
concerned that the proposal was a benefit to residents while he did not necessarily see a
benefit to small and large business owners. He explained he believed there was a better
solution and he was not concerned with the legal ramifications if the proposal should be
adopted as the utility fee had been utilized successfully in several states. He thanked
City staff and the long range finance committee for their work and commended residents
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
and business owners for their efforts and input. He stated at this time, he would support
the current policy.
Council Member Allison-Aasby explained regardless if the ordinance passed, residents
should not be pitted against business owners. He stated both groups benefited from each
other. She explained in regards to the statement about monthly water utility billing
versus quarterly, to her knowledge, the two topics were unrelated. She stated she
believed it was coincidental and Council had heard from a number of residents and
business owners that monthly billing made monthly budgeting easier.
Council Member Krause stated he was struggling to decide, as an elected official he
wanted to be fair to everyone in the community. He explained the cost to the large
businesses would be able to be absorbed, and small businesses would receive smaller fees
than under the current policy. He stated he understood there were citizens who had
already paid special assessment charges, however, there had to be a point in which a new
policy began.
Council Member Poeschl explained Council Member Herman had made the comment
that if the ordinance did not pass, it would cost the City$272,000 dollars a month, and if
it did pass, it would save the City one million dollars. He asked for an explanation of
that comment.
Mr. Rohloff explained the$272,000 dollars per month was calculated by taking the annual
revenue necessary and dividing it by twelve. He stated the intent had been to not charge
for special assessments this year, and if the proposal was delayed, it would be additional
time that the City was not collecting for special assessments or the fee. He explained the
reference to the one million dollars in savings was related to the borrowing the City was
required to do to fund the special assessments in which the residents elected payment
plans.
Council Member Poeschl questioned if under the proposal, property owners would be
billed monthly or annually.
Mr. Rohloff explained the fee would be part of the monthly utility bill.
Council Member Poeschl questioned where the fee income would go each month.
Mr. Rohloff stated a fund dedicated to the transportation utility would be created.
Council Member Poeschl stated the funds would need to be used for the same purpose
they were raised for.
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Mr. Rohloff agreed. He explained that was why City staff had provided the specific
breakdown of the fee.
Council Member Poeschl questioned how often City staff anticipated reviewing the
potential inflation of the fee.
Mr. Rohloff stated costs would be reviewed on an annual basis as construction costs
fluctuated.
Council Member Poeschl questioned if it was an open-ended fee that could change from
year to year.
Mr. Rohloff stated yes and explained some of the concerns that had been expressed about
a utility fee were legitimate. He indicated the proposed fee would maintain the status
quo of street projects.
Mayor Palmeri thanked those who had reached out to Council with concerns and ideas.
She explained she agreed with Council Member Allison-Aasby that the threatening tone
of some individuals, while suggesting that there was a willingness to collaborate was
disappointing. She stated City residents and small businesses already subsidized costs
incurred by those from out of town. She explained big box stores caused citizens and
small businesses to absorb additional costs due to the dark store concern. She stated there
was a housing affordability concern nationwide, and this was one item the City was able
to do to make housing more affordable, which was a mutual benefit to businesses and
residents. She indicated she would support the proposal.
Council Member Herman questioned what the options were related to the sidewalk
program.
Mr. Rohloff explained if the intent was to exclude the cost of sidewalks from the
transportation fee, yet still eliminate sidewalk special assessments, the option was to
substitute the million dollars in borrowing for the payment plan special assessments for
the cost of the sidewalk program. He stated the cost would be shifted to the general
taxpayer.
Council Member Herman explained he believed that would be a compromise. He stated
he believed property owners should be responsible for maintaining the sidewalk in front
of their homes, and replacing it when necessary.
Mayor Palmeri questioned how that would compare to the borrowing that was done for
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
special assessments.
Mr. Rohloff explained a minimum of one million dollars was borrowed annually to fund
the special assessments that were placed on payment plans. He explained instead of
using the borrowed funds for special assessments they would be used for sidewalks.
Council Member Herman stated he wanted to be clear in his motion that he wanted
citizens to pay for the sidewalks through special assessments.
Mayor Palmeri clarified that borrowing would not be used to cover the cost.
Council Member Herman stated yes. He explained he would be open to discuss how
sidewalks were paid for in the future, however, at this time he wanted to remove it from
the ordinance.
Council Member Allison-Aasby questioned if the sidewalk rehabilitation program would
then be a future agenda item.
Council Member Herman indicated it could be. He explained his intention at this time
was to remove it from the ordinance. He questioned if Council would be able to discuss
the sidewalk rehabilitation program separately, in the event the ordinance passed
without it included.
Mr. Rohloff stated Council would be able to discuss it.
Council Member Krause questioned if the monthly fee would decrease.
Mr. Rohloff stated yes; it would be approximately $3.39 for residents and the monthly
cap for businesses would then be approximately$339 dollars.
Council Member Krause stated he would want the rehabilitation costs to be covered by
the City, as oftentimes the rehabilitation areas were in lower income areas. He explained
it would be hurting the citizens who need the most help.
Mayor Palmeri explained there would be discussion and a vote on removing the sidewalk
rehabilitation from the proposal, and then there could be a second discussion about how
that program would be funded.
Council Member Mugerauer stated he was concerned as the sidewalk was part of a larger
transportation system that the community utilized. He explained there was a benefit to
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
keeping the sidewalk rehabilitation cost built into the fee as City staff spent a considerable
amount of time administering, billing and tracking the assessments. He stated it would
be a significant cost savings from an administrative perspective and was more efficient.
He explained it would result in a well maintained and safer transportation system for
citizens of all mobility. He stated he believed removing sidewalks would result in
additional confusion.
Mayor Palmeri agreed and explained removing the sidewalk rehabilitation created an
inequity in terms of the transportation system. She stated she believed the system needed
to be viewed as a network, not 'my' street or 'your' street. She explained she would not
support removing sidewalk rehabilitation from the ordinance.
MOTION: REMOVE SIDEWALK FROM THE TRANSPORTATION FEE
(REHAB) (Herman; second, Miller)
LOST: Ayes (2) Miller, Herman
Noes(5)Allison-Aasby,Mugerauer,Krause,Poeschl,Mayor Palmeri
VOTE ON ORIGINAL ORDINANCE
LOST: Ayes (3) Mugerauer, Krause, Mayor Palmeri
Noes (4) Allison-Aasby, Herman, Poeschl, Miller
Council Member Mugerauer requested a recess.
Mayor Palmeri announced a five minute recess.
Council recessed from 8:12 p.m. until 8:21 p.m.
Ordinance 19-437 Approve Amendment to Chapter 19 Section 19-4(T) of the City of
Oshkosh Municipal Code Defining Bowen Street Fishing Dock Park
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 19-438 Designate Bike Lanes & Restrict Parking on Portions of North
Westfield & North Koeller Streets
FIRST READING; LAID OVER UNDER THE RULES
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Ordinance 19-439 Approve Temporary Closure of Harrison Street from Nicolet
Avenue to East Packer Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 19-440 Approve Request to Attach to the City from Town of Slack Wolf /
McFarlane Voluntary Attachment; 167 West Waukau Ave (Petitioner
Requests Waiving of 2nd reading)
MOTION: SUSPEND RULES (Mugerauer; second, Herman)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Council Member Poeschl asked for an explanation of the request to waive the rules.
Mark Lyons, Planning Services Manager, stated the current property owner was in the
process of selling their home and their septic system had failed. He explained the
property owner was therefore required to connect to municipal services, and would like
to resolve the issue as quickly as possible to facilitate the sale of the home.
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Resolution 19-441 Approve Specific Implementation Plan for Fencing at 215 Church
Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Resolution 19-442 Approve Tax Increment District No. 37 Project Plan; Designate Tax
Increment District No. 37 Boundaries; Create Tax Increment District
No. 37 Aviation Plaza Redevelopment
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Rob Kleman, 120 Jackson Street, explained he was present to represent the Oshkosh
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
Chamber of Commerce. He encouraged Council to approve the creation of the tax
increment district (TID). He stated the Chamber was excited to see the project coming to
fruition after much work and effort. He explained the project would redevelop the
former JC Penny's building for the expansion of Extreme Customs and solidify the
presence of Rogan's Shoes in the City. He stated the TID would be a benefit to all aspects
of the community. He explained buildings at the site had been vacant for quite some time
and a redevelopment of the property was long overdue. He stated the project would
have a positive impact on surrounding businesses. He explained with the approval of
the TID, the developers would be able to receive a$500,000 dollar idle site grant from the
Wisconsin Economic Development Corporation. He stated it had the potential to
improve code compliance with storm water concerns on site. He explained the tax
increment financing (TIF) that was proposed was an 11 year plan, which was much
shorter than those typically proposed. He stated it was a 'pay-go' TIF, therefore the
developer would front the costs. He explained the Mineshaft would be a family
entertainment destination, which Oshkosh lacked. He stated the Masters Group had a
long and successful track record in the business community.
Council Member Herman questioned if there was anything written into the agreement
that would address what would happen if one or more of the parties did not follow
through and if there were protections in place.
Allen Davis, Director of Community Development, explained he was not prepared to
answer the question as the developer agreement was not yet completed. He stated City
staff would make sure such questions were addressed. He explained the developer
agreement would be provided to Council in August.
Council Member Herman questioned if there was anything within TIF policy that
addressed the scenario.
Mr. Davis stated City staff had not imagined a three-party TIF when the policy was
created. He explained it met all of the criteria for a TIF, and with the way the properties
were situated, it would require all three businesses to cooperate for it to work.
Council Member Allison-Aasby explained because it was necessary for all three parties
to work together for the TID to function, she believed Council should mandate that it be
addressed in the developer agreement. She stated she had received recent overwhelming
feedback from citizens and the business community that something needed to be done
with Aviation Plaza. She explained the existing infrastructure would need to be
improved due to its age, and with a'pay-go' TIF the developer would front the cost. She
stated she was happy to support the project, however, would like to see the developer
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
agreement in the near future to continue the discussion. She questioned the length of the
TID.
Frank Roman, Economic Development Advisor, Ehlers, stated it would be seven years to
pay the development incentive and there was a provision for additional infrastructure
project costs that may extend to 15 or 16 years. He explained when a renovation TIF was
completed as opposed to blight, it could extend to 27 years. He stated it was intended to
terminate much earlier than that.
Mr. Rohloff explained the City had experienced scenarios in which the business within
the district had performed as expected, however, the district itself had not,which created
cash flow concerns. He stated City staff would include language that would mandate the
overall increment of the district must be positive for any payment to occur.
Council Member Mugerauer thanked Mr. Masters for his assistance with EAA and
welcoming visitors with campers to utilize the concrete on his property, as the grounds
were too muddy. He questioned why Oshkosh had been selected for the site of a second
Mineshaft.
Tom Masters, owner/developer of the Mineshaft, stated his company had been the
beverage distributor for Country USA and Rock USA for 21 years and got to know
hundreds of citizens. He explained in Hartford, if there was a local basketball
tournament, it was considered a big deal to the community and increased traffic to his
restaurant. He stated Oshkosh was known as 'Event City' and he believed that would be
a benefit to his business. He explained the game room in the Oshkosh location would be
three times the size of the one in Hartford and would be focused on families. He stated
they had been invited to build in many communities, and he believed Oshkosh was the
best fit. He explained they planned to move their offices to Oshkosh and have one central
office for all three businesses. He stated he had worked with EAA to allow campers to
park on his lot for free after their grounds were too muddy in an effort to be a good
neighbor. He explained he had been working on an Oshkosh location for many years,
and the pieces were finally in place to make it happen.
Council Member Mugerauer questioned if the increment would have been the same if the
TID had been requested for redevelopment of just the JC Penny's site.
Kelly Nieforth, Economic Development Services Manager, stated yes; the cost would be
the same due to the infrastructure improvements needed. She explained if Extreme
Customs would not have been able to utilize the northwest corner of the larger site for
storm water management, they would have been required to do something on their own
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PROCEEDINGS OF THE COMMON COUNCIL-JULY 23, 2019
site, likely in the form of underground storage, which would drive up the cost.
Council Member Mugerauer stated it was his understanding that for the same amount,
the City would be getting a much larger development on an underutilized site.
Ms. Nieforth explained the businesses working together would save the property owners
money and provide the City with public utilities on the site that were code compliant.
Council Member Mugerauer stated he had initially not been supportive of the project.
He explained he had a conversation with a restauranteur who had been in the community
for decades, who indicated the restaurant community was supportive of the Mineshaft
and improving one of the gateways to the City. He stated in previous conversations with
individual business owners, he had heard that the project would put an economic strain
on their business. He explained the Chamber of Commerce was in favor of the project,
as was the Greater Economic Development Corporation (GO-EDC) and the conversation
with the longstanding restauranteur had changed his mind on what the project could
potentially do for Oshkosh. He stated he would support the development.
Mayor Palmeri explained initially she had not been enthusiastic, however, the TIF would
be for a short amount of time and the developers were asking for a small amount. She
stated it aligned with TIF policy and would help three businesses. She explained the site
had stringent limitations on what could be built. She thanked those who had put together
the wage information. She stated she would support the TID.
Allen Davis, Director of Community Development, explained the TIF payments would
start in 2022 and end in 2028, and would be the fastest 'pay-go' TIF the City had
experienced. He stated there was room in the TIF for additional public infrastructure
improvements, which would be evaluated after the 7 year repayment.
Mayor Palmeri questioned if there would be language in the developer agreement about
building design, and the responsibility of the property owner should the business not
succeed.
Mr. Davis stated yes.
Council Member Miller thanked Mr. Masters for his help with EAA and for selecting
Oshkosh for the development.
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PROCEEDINGS OF THE COMMON COUNCIL—JULY 23, 2019
Resolution 19-443 Approve Amendment to 2019 Operations Budget for TIF 37 Aviation
Plaza ($35,000.00)
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
Mayor Palmeri asked for an explanation.
Allen Davis, Director of Community Development, explained since the project came
forward after the budget was adopted, the cost of hiring Ehlers and outside counsel had
to be budgeted, therefore the amendment was required. He stated the cost would be
covered by the applicant, the item would be budget neutral.
Resolution 19-444 Establish 2019 Transportation Utility Fees
MOTION: WITHDRAW (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl,
Miller, Mayor Palmeri
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Mayor Palmeri reminded Council of the first budget workshop scheduled for July 31s' at
5:00 p.m. in room 404.
Council Member Poeschl questioned if there would be an agenda.
Mr. Rohloff stated there was a general agenda and the information would be presented
at the meeting. He explained it would include personnel cost projects for 2020 based on
current staffing levels authorized by Council and general direction to City staff as they
prepared their budgets.
Mayor Palmeri explained there was a workshop on a policy for acquiring and disposing
of real estate scheduled for August 131h at 5:00 p.m. and a second budget workshop
scheduled for August 21s' at 5:00 p.m. She questioned what the content would be for the
second budget workshop.
Mr. Rohloff explained the primary items would be presentation of the 2018 audit and
mid-year financial statements.
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PROCEEDINGS OF THE COMMON COUNCIL—JULY 23, 2019
Mayor Palmeri questioned if Council could have the agenda for the first budget
workshop early as she would like to conduct research.
Mr. Rohloff stated City staff could provide the agenda early, however, the package of
information would be provided at the workshop.
Council Member Allison-Aasby explained she would be unavailable for the second
budget workshop.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Council Member Miller congratulated EAA on their 501h anniversary.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mr. Rohloff stated the key performance indicator (KPI) dashboard was live on the City
website, as were reports regarding the City's strategic goals.
Mayor Palmeri questioned if the dashboard could be linked to the City's 'hot topics'
portion of the website.
Mr. Rohloff stated he would make sure it was there. He explained originally it did not
appear that Council and the school board would be able to meet this summer, however,
a meeting was scheduled for Wednesday,October 301h at 6:00 p.m. He stated the Oshkosh
Corporation update was included in the Council packet.
Allen Davis, Director of Community Development, explained the National Parks Service
had approved the Oshkosh Corporation trail project,however, it may be up to six months
before the bridges were delivered. He stated he did not believed it would be complete
for the 5K run Oshkosh Corporation wished to host.
Mr. Rohloff explained they were working on alternatives.
MOTION: ADJOURN (Mugerauer; second, Miller)
CARRIED: VOICE VOTE
The meeting adjourned at 8:59 p.m.
PAMELA R. UBRIG
CITY CLERK
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