HomeMy WebLinkAbout04. Receipt/Filing of Common Council Minutes/January 13th & 27th, 2015 PROCEED/NGS OF THE COMMON COUNCIL
� CITY OF OSHKOSH, WISCONSIN
` .IANUARY 13, 2015
O.IHKQIH
ON 7NE WA7ER
REGULAR MEETING held Tuesday, January 13, 2015, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Caroline Panske, Sean Fitzgerald, Steve Cummings, Steven
Herman, Deb Allison-Aasby and Mayor Tower
EXCUSED: Council Member Tom Pech, Jr.
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney and Dave Patek, Director of Public Works
Council Member Panske read the Invocation.
The Pledge of Allegiance was led by Courtney Carpenter and Vincent Bird from Roosevelt
Elementary School; and, Sophie Mikle, Logan Pinkerton and Allyson Nourse from Read
Elementary School
A proclamation was presented by Mayor Tower declaring the week of January 18, 2015 as
Big Brothers Big Sisters Week in the City of Oshkosh.
Eric Fowle from the East Central Wisconsin Regional Planning Commission gave a brief
overview of the riverfront visioning study. He stated the general consensus of the citizens
who participated in the study was that the riverFront should be a place of destination and
include the shoreline areas of Lake Winnebago from Menominee Park to Fugelberg Park.
He stated participants also wanted something done with the former Buckstaff and Pioneer
Inn Properties which they considered to be eyesores. He stated housing related properties
were not well received for the riverfront area, however participants of the study preferred
small multi-family housing over large apartment structures. He also stated that participants
preferred street oriented commercial and mixed use properties for retail options and light
industrial research buildings along with office park type developments for employment
options; parking structures were preferred over street and parking lot options. In conclusion,
he stated he felt there was validity to the study and that the community wanted a vibrant,
economically successful riverfront. He encouraged the City to capitalize on that concept.
Council Member Fitzgerald asked if there would be any benefit in sharing study results with
other communities trying to revitalize their riverFronts.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY�3, 2015
Mr. Fowle stated with all of the activity happening along the riverFronts of different
communities it might be a good idea to form a collaboration with the administrators of those
communities to share ideas on successes and failures to avoid the same mistakes being
made.
Council Member Panske asked what the age range was of the participants of the study.
Mr. Fowle stated the bulk of participants in the riverfront visioning study were between the
ages of 35 and 60.
Council Member Herman stated he participated in the riverfront visioning study and felt that
the City's strategic plan already focused on the items presented in the study.
2Council Member Cummings added the City was also focusing on the central area of the
City and utilizing the historical aspect of the downtown for tourism. He felt the City should
explore what other river cities in the country have done to turn vacant industrial sites into
recreational destinations.
Mayor Tower thanked the East Central Wisconsin Regional Planning Commission for
conducting the riverFront visioning study. He suggested that City staff develop a way to
prioritize all of the individual plans into one big overall plan.
Mr. Rohloff stated the key was to develop a plan based on visioning. He stated the next
phase was to determine what the City wanted to achieve. He stated there was a lot of
empty space along the riverfront and the City had to be sure whatever was developed there
was of high quality.
Mr. Fowle cautioned City staff when visioning and master planning to not let money be too
much of a determining factor; a good idea that was not on paper would never happen.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council
CONSENT AGENDA
Approval of Bills presented by the Finance Director
Approval of Cash Report from November 2014
Receipt of Claims filed with the City's Insurance Company: Travis Wohlt for an alleged
sewer backup
Resolution 15-01 Rescind Personal Property Taxes / Bay Moon Massage and
Therapeutic Bodywork (923 Oregon Street)
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 13, 20�5
Resolution 15-02 Approve Partial Rescission of Resolution 14-532 Awarding Bids for
Chemicals for Water Filtration and Wastewater Treatment Plant and
Award Sodium Hydroxide 30% Portion to Hydrite Chemical Company
Resolution 15-03 Renew Bird City Wisconsin Designation; Designate May 2, 2015 as
International Migratory Bird Day
Resolution 15-04 Approve Setting Public Hearing Date to Vacate Portion of 1400 Block of
Mount Vernon Street (Plan Commission Recommends Approval)
Resolution 15-05 Approve Conditional Use Permit for Extension of an Existing
Telecommunications Tower; 1821 Jackson Street (Plan Commission
Recommends Approval)
Council Member Herman stated he had referred questions he received from members of a
church in the vicinity of the tower to Cellcom.
Mayor Tower stated new State Statutes removed most of the local decision making flexibility
with regard to the regulation of cell towers.
Resolution 15-06 Approve Conditional Use PermiUPlanned Development and
Architectural Design for Construction of a Utility Structure/Sanitary
Pump at 1975 Snell Road (Plan Commission Recommends Approval)
Resolution 15-07 Approve Conditional Use Permit/Planned Development for Commercial
Restaurant with Drive-Thru; 1090 North Washburn Street (Plan
Commission Recommends Approval)
Resolution 15-08 Approval of Change Order No. 1 for Public Works Contract No. 12-21
With Badger Laboratories and Engineering, Inc. for Industrial
Wastewater Sampling and Analysis Services (+$25,000)
Resolution 15-09 Approval of Amendment to Agreement for Engineering Services with
Brown and Caldwell for Development of a Stormwater Management
Plan for the Fernau Avenue Area Watershed in the North Industrial
Park in the Amount of$24,260.00
Resolution 15-10 Approve Professional Service Agreement with AECOM for Parking Lot
Development at Riverside Park Phase II and Parking Lot Connection for
Boafinrorks Property ($141,830.00)
Resolution 15-11 Approval of Engineering Services Agreement with Brown and
Caldwell for Design and Bid Support Services for the Fernau
Avenue Watershed / North Main Street Area Storm Water
Detention Basin ($79,400.00)
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 13, 2015
Resolution 15-12 Approval of Agreement for Engineering Services with Gremmer and
Associates for Design and Bidding Services for West Fernau Avenue
Concrete Paving Project ($141,135.24)
Resolution 15-13 Approval of Agreement for Engineering Services with Speedy Clean
Drain and Sewer for Sanitary and Storm Sewer Main and Lateral
Televising ($93,225.00)
Resolution 15-14 Approve City of Oshkosh Menominee Park Zoo Master Plan
Mr. Rohloff asked to remove the resolution from the consent agenda for separate
consideration.
Resolution 15-15 Approve Intergovernmental Cooperation Agreement Between the City
of Oshkosh and the Oshkosh Area School
Resolution 15-16 Authorize the Filing of Applications for Federal Operating and Capital
Assistance, State Operating Assistance and County Transportation
Assistance
Resolution 15-17 Approve Agreements for Transportation Services with Winnebago
County
Resolution 15-18 Approve 2015 Soflware Maintenance Agreements for IT Division to
ESRI, Inc. and Harris Computer Systems (Datanow) (Total Amount of
$80,710.03)
Resolution 15-19 Award Bid for City Hall 4th Floor HVAC Improvements for General
Services to Hurckman Mechanical ($43,145.00)
Resolution 15-20 Approval of Special Event - Rotary Club of Oshkosh to Utilize each
Amphitheater and city streets for their Snowflake Shuffle / February 7,
2015
Resolution 15-21 Approval of Special Event - Oshkosh Southwest Rotary to utilize
Menominee Park for their Battle on Bago / February 27 & 28, 2015
Resolution 15-22 Approval of Special Event - UW-Oshkosh Student Recreation to utilize
City Streets for their UW-Oshkosh Shamrock Shuffle 5K Run-Walk /
March 14, 2015
Resolution 15-23 Approval of Special Event - Oshkosh Fast Club to Utilize Reetz
Diamonds at Menominee Park for their Greater Raider Open / June 5, 6
and 7, 2015
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 13, 2015
Resolution 15-24 Disallowance of Claim by Izaiah Brouillard (c/o Christohper
Brouillard)
Resolution 15-25 Approve Combination "Class B" Licenses, Class "B" Fermented Malt
and "Class C" Wine License, Special Class "B" Licenses, Operator
Licenses and Taxi-Cab Driver License
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 15-14
(Cummings; second, Herman)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
Resolution 15-14 Approve City of Oshkosh Menominee Park Zoo Master Plan
MOTION: ADOPT (Panske; second, Cummings)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
Council Member Cummings was a member of board of the Oshkosh Zoological Society and
stated the community was asked to weigh in on the master plan for the zoo. He stated the
plan included an education center and aquarium.
Council Member Herman commented that it was unique for the city the size of Oshkosh to
have a high quality zoo that was free to the public.
Council Member Fitzgerald stated a lot of work went into the master zoo plan and with the
new amenities it would be one of the more preeminent zoos in this part of Wisconsin.
Council Member Allison-Aasby stated a significant amount of time went into the master zoo
plan and was excited to watch the plan come to fruition.
Mayor Tower stated the master zoo plan was impressive but would take time and some
public/private partnerships to be completed.
ACTION TAKEN ON ORD/NANCES � RESOLUTIONS
Ordinance 15-26 Approval of Parking Regulation Changes on Commerce Street, Evans
Street and Mallard Avenue
MOTION: SUSPEND RULES FOR CONSIDERATION (Panske; second, Herman)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
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PROCEED/NGS OF THE COMMON COUNCIL—.IANUARY 13, 2015
Council Member Panske made a motion for the Council to waive the rules and vote on the
resolution at the present meeting due to the fact that Transit Advisory Board made the
recommendation for the parking regulation changes to coincide with the movement of bus
stops.
Council Member Herman stated the Traffic Review Advisory Board and the Parking Utility
Commission also approved the parking regulation changes.
Ordinance 15-27 Amend Section 6-14 Rabies Vaccination to Allow Veterinary
Technicians to Administer Rabies Vaccine
FIRST READING; LAID OVER UNDER THE RULES
Resolution 15-28 Approve and Execute Relocation Order; Determination of Necessity to
Acquire Property on West Side of North Main Street and East Side of
Jackson Street, North of West Fernau Avenue, Town of Oshkosh
MOTION: ADOPT (Cummings; second, Panske)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
Council Member Herman asked how the City was acquiring the property for the detention
basin.
Mr. Rohloff stated the resolution was the first step in what could end up being as an eminent
domain proceeding. He stated the purpose of the resolution was to officially state the City's
interest in possibly acquiring the proposed property.
Resolution 15-29 Approve Labor Agreement / Transit Division, AFSCME Local 796, AFL-
ClOfor2015 - 2017
MOTION: ADOPT (Panske; second, Fitzgerald)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
Resolution 15-30 Approve City Manager Performance Evaluation for 2014 and 2015
Compensation
MOTION: ADOPT (Cummings; second, Herman)
CARRIED: Ayes (6) Panske, Fitzgerald, Cummings, Herman, Allison-Aasby, Mayor
Tower
Council Member Allison-Aasby read the statement the Council prepared for the public
regarding the evaluation of City Manger Rohloff: "Mark Rohloff, Oshkosh City Manager,
demonstrated throughout 2014 dedication to the community, commitment to focus on
Council directed goals and policy issues and a vision to keep the City on a positive and
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 13, 2015
progressive path. Mr. Rohloff continues to operate with genuine enthusiasm and energy
and that he effectively communicates to the citizens, staff and Council in a manner that
reflects his professionalism. The Council directive is for Mr. Rohloff to continue to be
present and visible in the community, meet the needs of his staff and follow the strategic
plan. The Council realizes that the City of Oshkosh is growing. That presents both
opportunities and challenges. The Council feels Mr. Rohloff maintains the skills, attitude
and vision to be a successful City Manager for the City of Oshkosh". She stated the Council
offered Mr. Rohloff another contract and that he had accepted.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS
Mr. Rohloff reported that GOEDC was continuing their fundraising effort and would soon
unveil the larger investors. He also stated that GOEDC had begun recruitment for a
permanent CEO and communications manager.
A workshop on the Grand Opera House would be held on January 20th from 5:30 p.m. to
7:30 p.m.
A workshop on sex offenders would be held on January 26t" from 6:00 p.m. to 8:00 p.m.
A meeting with the Oshkosh Area School Board would be held on February 11tn
Mayor Tower asked how many open liquor licenses the City had and who had interest in
applying for them.
Pamela Ubrig, City Clerk, stated the City had four open liquor licenses; one was reserved
for the Marion Road location and there were six applicants who had filed a letter of interest
or application to acquire the remaining open licenses.
Mr. Rohloff indicated that City staff had not determined if the applicants were eligible to
receive a liquor license. He stated applicants who were not eligible to receive a liquor
license would not appear before Council.
Council Member Cummings asked if there were liquor licenses that were issued and not
being used.
Ms. Ubrig stated she knew of finro businesses that held liquor licenses and had recently
closed (Vitale's Restaurant and the Tilted Kilt).
Mr. Rohloff stated, in a new policy, the Council had directed City staff to start the one year
inactivity limit for unused liquor licenses on the actual day that a business closed. He
stated that Timbuktu closed on January 14, 2014, and direction regarding that license would
be brought before Council at the next meeting.
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PROCEEDINGS OF THE COMMON COUNCIL—.IANUARY 13, 2015
Council Member Cummings stated there had been a transfer of a liquor license from the
Knights of Columbus to a restaurant by the university. He asked if the restaurant was
serving liquor.
Mr. Rohloff stated it did not matter in what capacity the holder of a liquor license used the
license as long as the establishment was serving some type of alcohol. He explained the
establishment could serve hard liquor but was not required to.
Council Member Herman asked if the liquor license reserved for Marion Road could be used
for a different economic development project that came along.
Mr. Rohloff stated the liquor license reserved for Marion Road was committed to Marion
Road economic development, however the Council could change that designation. He
indicated that the Council was not required to award open liquor licenses and that the
Council could reserve open liquor licenses for other potential economic developments.
Council Member Herman asked if it was required for the Council to disclose how many
liquor licenses were available and how many they were going to award.
Mayor Tower commented it was possible that the Council would not award any liquor
licenses. He stated the Council had made it clear that going forward they were looking for
unique opportunities concerning the awarding of open liquor licenses.
Council Member Fitzgerald felt the Council should act on the applications for liquor licenses
in the near future as there could be seasonality issues. He asked what the procedure was
for issuing a liquor license.
Ms. Ubrig indicated once a liquor license was approved by Council and all of the inspection
requirements were met, the liquor license was issued.
Council Member Herman asked if a liquor license was issued, but the establishment did not
open within a year, could the Council rescind the license.
Ms. Ubrig stated a liquor license could be rescinded if the establishment did not open within
a year of issuance.
Mayor Tower stated the Council could place conditions on a liquor license.
Council Member Allison-Aasby felt the Council should carefully consider the applications for
liquor licenses and make sure they were awarded to the right types of projects.
Mayor Tower directed City staff to notify applicants interested in applying for a liquor license
that the Council would begin hearing proposals.
Council Member Allison-Aasby asked the Council to consider whether or not to have a city
manager compensation study completed.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 13, 2015
CITIZEN STATEMENTS TO COUNCIL
Patricia Diener, 1316 Broad Street, felt that police officers should be outfitted with cameras,
recognized Tom Petri for his accomplishments, and invited the public to attend the polar
plunge.
CITY MANAGER ANNOUNCEMENT& STATEMENTS
Mr. Rohloff announced the State of the City would be held on Monday, March 23`d at the
Convention Center; the doors would open at 6:00 p.m. with the presentation at 6:30 p.m.
MOTION: ADJOURN (Cummings; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 7:34 p.m.
PAMELA R. UBRIG
CITY CLERK
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PROCEED/NGS OF THE COMMON COUNCIL
� CITY OF OSHKOSH, WISCONSIN
`. JANUARY 27, 2015
01HKQIH
ON THE WATER
REGULAR MEETING held Tuesday, January 27, 2015, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Tower presided.
PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Tom Pech, Jr., Steven
Herman, Deb Allison-Aasby, Caroline Panske, and Mayor Tower
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney and Steve Gohde, Assistant Director of Public Works
Council Member Fitzgerald read the Invocation.
The Pledge of Allegiance was led by Travis Jumisco and Hannah Schroeder from Oshkosh
North High School
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CONSENT AGENDA
Approval of Bills presented by the Finance Director
Resolution 15-31 Rescind Personal Property Taxes:
A) PJ Productions (1601 Oregon Street)
B) The Golf Vault (752 N Main Street)
Resolution 15-32 Award Bid for Liquid Odor Control for Wastewater Treatment Plant for
2015 to Evoqua Water Technologies LLC (Estimated at $140,400)
Resolution 15-33 Approve Spot Blight Designation for the Property at 1402 Mount Vernon
Street as requested by Oshkosh/Winnebago County Housing Authority
Council Member Herman asked for an explanation of the resolution.
Allen Davis, Director of Community Development, stated the Housing Authority purchased
the abandoned factory located at 1402 Mount Vernon Street and planned to rehabilitate the
existing buildings into a mixed use of residential and commercial space.
Council Member Herman asked what streets abutted the property.
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PROCEED/NGS OF THE COMMON COUNCIL— .JANUARY 27, 2015
Mr. Davis stated the property abutted Custer Avenue, Grand Street, Nevada Avenue, and
Harrison Street.
Council Member Fitzgerald stated in order to receive State funds for rehabilitation a parcel
needed to be a minimum of five acres, which was why a portion of the street needed to be
vacated.
Lynn Lorenson, City Attorney, clarified that the street vacation needed in order to bring the
property to the five acre minimum was approved at the January 13, 2015 Council Meeting.
Resolution 15-34 Approval of Initial Resolution for Special Assessments — Contract No.
15-14 / Snell Road Sanitary Sewer, Grade and Gravel and Asphalt
Pavement
Resolution 15-35 Approve Distribution of Fisk-Gallup Trust Funds by Senior Services
Division for Medical Services to Income Qualified Citizens
Resolution 15-36 Approval of Amendment to Engineering Services Agreement with
AECOM Technical Services, Inc. for Construction - Related Services for
the National Guard Armory Area Stormwater Detention Basin ($40,500)
Resolution 15-37 Approval of Amendment to Special Event / Oshkosh Fast Club to
utilize Reetz Diamonds at Menominee Park for their Greater Raider
Open / May 29, 30 & 31, 2015
Resolution 15-38 Approve Waiver for Cavanaugh's Carriage to Allow Horses in the City
thru December 31, 2015
Resolution 15-39 Approve Combination "Class B" Licenses, Agent Change Combination
"Class A" License, Special Class "B" Licenses, Operator Licenses, Taxi-
Cab License and Taxi-Cab Driver License
MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Cummings)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
ACTION TAKEN ON ORD/NANCES & RESOLUTIONS
Ordinance 15-40 Amend Section 6-14 Rabies Vaccination to Allow Veterinary
Technicians to Administer Rabies Vaccine
MOTION: ADOPT (Panske; second, Cummings)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
Ordinance 15-41 Approval of Changes in Leased Parking in the Recreation Department
Lot
FIRST READING; LAID OVER UNDER THE RULES
Resolution 15-42 Approval of Combination "Class B" License(s)
A) Gardinas Wine Bar & Cafe
B) Hustle Inn Pizza
C) Ichiban Sushi House
D) Paine Art Center & Gardens
Mayor Tower explained there were three liquor licenses available in the City and that the
Council would hear proposals from each license applicant to determine which, if any, would
be granted a liquor license.
GARDINA'S WINE AND BAR CAFE
John Carlson, 405 S. Olde Oneida Street, Appleton, stated he obtained a liquor license from
the City of Oshkosh six years ago and opened Gardina's at 448 N. Main Street. He stated
his intention was to open another bar/restaurant in a vacant building located at 421 N. Main
Street.
Council Member Cummings asked if the fa�ade of the building would be would be made to
look like the image that was submitted with the application for the license.
Mr. Carlson stated since he did not own the building the exterior fa�ade was beyond his
scope.
Council Member Fitzgerald asked if there was existing kitchen equipment in the building.
Mr. Carlson stated that there was not any existing kitchen in the building; the kitchen would
be a substantial investment and completely new.
Council Member Fitzgerald asked if the building was zoned properly for a bar/restaurant.
Mr. Carlson stated that City building inspectors and architects had inspected the building
and it appeared that zoning would not be an issue.
Council Member Allison-Aasby asked how long the proposed building had been vacant.
Mr. Carlson stated the proposed building had been vacant for two years.
Council Member Allison-Aasby asked if there would be retail sales in the building.
Mr. Carlson stated there would be some retail sales.
Mayor Tower asked for the timeline of the restaurant.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
Mr. Carlson stated the restaurant was slated to open in June, 2015.
HUSTLE INN PIZZA
No representative from Hustle In Pizza appeared at the Council Meeting.
Mayor Tower asked if Hustle Inn Pizza was notified of the Council Meeting.
Pamela Ubrig, City Clerk, stated that all of the liquor license applicants were sent letters on
the 14th of January informing them that the Council would hear proposals and possibly
award liquor licenses at the January 27, 2015 Council Meeting.
ICHIBAN SUSHI HOUSE
Dan Zheng, stated Ichiban Sushi House was located at 1600 Capital Drive and would be an
Asian restaurant scheduled to open in June. She stated she also operated Sakura Sushi
and Steakhouse in Oshkosh.
Council Member Pech asked what the prior business was in the building where the
proposed restaurant would be located.
Ms. Zheng stated the building was previously occupied by the Asian Garden Buffet (near
Target).
Council Member Fitzgerald asked how many patrons the proposed restaurant would seat.
Ms. Zheng replied the proposed restaurant would seat between 120 and 130 patrons and
the bar would seat 10.
Council Member Panske asked how many employees there were at Sakura Sushi and
Steakhouse. She also asked how many employees would be hired at Ichiban Sushi House.
Ms. Zheng stated there was befinreen 15 and 20 full time and part time employees at Sakura
Sushi and Steakhouse and that she expected to have the same amount at Ichiban Sushi
House.
PAINE ART CENTER AND GARDENS
John Bermingham, 1038 Washington Avenue, supported the Paine Art Center and Gardens
and explained that many of the weddings held there were for people who did not reside in
Oshkosh making the Paine a destination place. He stated that those people brought money
into the City of Oshkosh via hotels, shopping, hair salons and other services. He stated
although the Paine currently had a license to serve beer and wine they would prefer to have
a full liquor license that would enable caterers to serve alcohol.
Michelle Rector, 1431 Congress Avenue, Events Manager at the Paine Art Center explained
part of the customer service process at the Paine was to identify the reason why parties who
expressed interest in the Paine ultimately chose to have their event at another venue. She
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
stated over the past couple of years finrelve to fourteen event organizers who expressed
interest in the Paine chose not to hold their event there due to fact there was not a full liquor
license. She stated having a full liquor license at the Paine would enable her to book many
more rental events each year.
Aaron Sherer, 1720 Cliffview Drive, Executive Director at the Paine Art Center and Gardens,
stated he shared with neighbors that the Paine was pursuing a full liquor license and asked
them to contact him if they had concerns; to date he has not received any concerns. He
stated if the Paine was granted a full liquor license there were no plans to extend the curfew
of events past ten o'clock in the evening. He stated the Paine had created a high end
venue that would draw people to Oshkosh and added that a single out of town wedding held
at the Paine generated $45,000.00 into the community. He stated he believed if the Paine
was granted a full liquor license it could attract an additional twelve to fourteen "out of
towner" wedding events at the Paine each year which would generate as much as a half
million dollars to increase economic impact in Oshkosh. He stated the Paine was a
private, non-profit organization that did not receive any funding from the City of Oshkosh or
Winnebago County; the Paine was supported through a spectrum of sources and that rental
and beverage income was a key source of annual income.
Council Member Fitzgerald asked if there was an imbalance befinreen the Paine and other
banquet facilities in Oshkosh regarding liquor licenses.
Mr. Scherer stated as far as he knew, the Paine was the only business in the City of
Oshkosh which rented their facilities for events such as weddings that did not have a full
liquor license.
Mayor Tower asked the Council for questions or comments regarding the liquor licenses.
Council Member Herman asked if City staff had received a status update on the liquor
licenses of Timbuktu's and Vitale's.
Mr. Rohloff indicated the City could not presume the two licenses Council Member Herman
spoke of would become available as the process to revoke the liquor license of Timbuktu
was just beginning; Vitale's only recently closed and the owner of the liquor license had a
year from the date of closing to decide what to do with it.
Council Member Panske asked what the time frame was on the revocation process for
Timbuktu.
Ms. Lorenson stated she had planned on serving the revocation complaint to Timbuktu in
the next week and the item would be brought before Council on February 10th. She stated
that the owner of Timbuktu would have an opportunity to present her case to the Council.
Council Member Cummings asked in the case of Vitale's Restaurant, which had closed and
was subsequently torn down, who owned the liquor license.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2O1 S
Ms. Ubrig stated the owner of Vitale's Restaurant had ownership of the liquor license. She
stated Schwab Properties, who purchased Vitale's Restaurant, had inquired about
transferring the license however no paperwork had been filed in the City Clerk's Office.
Council Member Cummings asked what the owner of the Vitale's Restaurant liquor license
would have to do in order to maintain ownership of the license.
Ms. Ubrig stated in order to maintain ownership of the Vitale's Restaurant Liquor License,
the owner could transfer the license to another establishment that he owned or leased.
Mayor Tower explained to the Council that they could vote on awarding the liquor licenses
at the current meeting or defer consideration until a later date.
MOTION: AWARD COMBINATION "CLASS B" LIQUOR LICENSE TO PAINE
ART CENTER AND GARDENS (Cummings; second, Panske)
CARRIED: Ayes (6) Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor
Tower
Present (1) Fitzgerald
Council Member Fitzgerald stated he would vote present due to being a member of the
Board of Trustees for the Paine Art Center and Gardens.
MOTION: AWARD COMBINATION "CLASS B" LIQUOR LICENSE TO
GARDINA'S WINE AND BAR CAFE (Herman; second, Fitzgerald)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Council Member Herman stated he was concerned that there were too many of the same
type of restaurant in the central area of the City, however he supported awarded the liquor
license.
Council Member Allison-Aasby stated she supported granting a liquor license to Gardina's
Wine and Bar Cafe. She stated she felt the restaurant would bring people from the
riverfront area into the downtown area.
Council Member Panske commented that the proposed building had been vacant for two
years and that it would be a good thing for a business to occupy the building.
Council Member Fitzgerald supported granting the liquor license.
Council Member Cummings stated he felt the restaurant would be positive for the
downtown.
Mayor Tower felt the restaurant would draw more people to the downtown area.
Council Member Pech supported the restaurant and hoped it would help springboard
additional activity in the downtown area.
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PROCEED/NGS OF THE COMMON COUNCIL—.IANUARY 27, 2015
MOTION: AWARD COMBINATION "CLASS B" LIQUOR LICENSE TO ICHIBAN
SUSHI HOUSE (Fitzgerald; second, Pech)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Council Member Pech supported awarding the liquor license as the City had targeted the
area of the restaurant for economic development.
Council Member Fitzgerald supported the restaurant due to the owners being successful at
Sakura Sushi and Steakhouse.
MOTION: ADOPT TO APPROVE COMBINATION "CLASS B" LICENSES
EXCEPT FOR HUSTLE INN PIZZA, 803 OTTER AVENUE (Pech;
second, Panske)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Council Member Fitzgerald asked if the liquor license application from Hustle Inn Pizza
would remain in the pool for future open liquor licenses.
Ms. Ubrig stated she would contact the applicant from Hustle Inn Pizza to see whether or
not he was still interested in obtaining a liquor license.
Resolution 15-43 Approve Planned Development for Bank Development; Southwest
Corner of Pearl Avenue and Jackson Street
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (6) Cummings, Pech, Herman, Allison-Aasby, Panske, Mayor
Tower
Present (1) Fitzgerald
Bob Gregorski, N8418 North Shore Road, Menasha, stated he was a board member
representing Bank First National. He stated that the construction of the bank was a TIF
project and that the bank design submitted, although bigger, was a prototype similar to
banks constructed in Sheboygan, Two Rivers, and Appleton. He clarified the design of the
bank still needed approval from the Plan Commission. He stated the property on which the
bank would be constructed was contaminated therefore any construction would have to take
place on geo piers. He stated although they could not meet all of the criteria for the Marion
Road guidelines, the use of the property was approved unanimously by the Redevelopment
Authority (RDA) and the Plan Commission.
Bill Aubry, 2014 Shawnee Lane, stated he represented Hoffman Planning, Design and
Construction.
Council Member Cummings stated the Marion Road Development Guidelines were never
adopted by the Council which put the Planning Department in a difficult position when it
came to approving construction plans.
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PROCEEDINGS OF THE COMMON COUNCIL—.IANUARY 27, 2015
Council Member Herman noted the Plan Commission approved the Planned Development
with twelve conditions and asked if Mr. Gregorksi would have any problems abiding by
them.
Mr. Gregorski stated he would not have any problem meeting the conditions placed on the
Planned Development by the Plan Commission.
Mayor Tower asked for information on the TIF.
Allen Davis, Director of Community Development, stated the proposed property was in Tax
Incremental District #21 which to date had not performed very well. He stated Mr.
Gregorski's proposal included a finro million dollar guarantee value for the bank property
which the RDA was very interested in. He clarified that the RDA owned the property and if
the offer was consummated the City would included it in the development agreement upon
approval of the planned development by Council.
Council Member Herman asked how Planning Services felt about the proposed bank facility
being a good fit for the Marion Road Development area.
Darryn Burich, Director of Planning Services, stated the proposed bank was consistent with
guidelines of the Marion Road Development area, however the bank was not consistent with
the overall vision of the neighborhood that City staff was trying to create in the area. He
stated the Plan Commission approved the proposed project based on the prospective of the
overall building and site plan.
Council Member Herman asked if the proposed bank could help in the future development
along Marion Road.
Mr. Burich stated the original vision for the Marion Road area was to have businesses that
created activity during the daytime and nighttime hours, however the market did support
that. He stated the proposed bank would be a good active use of the property.
Council Member Cummings felt the City and Council should adopt plans instead of using
them as guidelines in order to avoid confusion and misinterpretation.
Council Member Allison-Aasby asked if the proposed bank would create new jobs.
Mr. Gregorski stated there were currently ten employees at the current downtown location of
the bank and that would increase to eighteen full time and part time employees.
Council Member Herman felt the proposed bank was a quality project and would support the
resolution.
Council Member Fitzgerald stated he would vote present as his business had a relationship
with Bank First National.
Council Member Cummings asked if Council was being asked to vote on the final design of
the project or if there were items that had to go before the Plan Commission.
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PROCEEDINGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
Mr. Davis stated the Plan Commission placed conditions on the bank design regarding
signage and building elevation that still needed to be approved.
Resolution 15-44 Establish 2015 Stormwater Utility Rate to $136.60/ ERU Effective 4-1-
2015
MOTION: ADOPT (Cummings; second, Pech)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Mayor Tower asked what ERU meant.
Steve Gohde, Assistant Director of Public Works, explained ERU meant equivalent run off
unit which was the general size of a single family home in terms of square footage.
Mayor Tower stated the previous utility rate was $122.92/ERU so the increase would be
almost $14.00. He stated the reason for the increase in the utility rate was to protect homes
from the effects of storm water.
Council Member Herman stated the City was mandated by the DNR and the federal
government on how to control storm water discharge and that some of the money from the
increased utility rates was used to comply with their standards.
Resolution 15-45 Adopt 2015-2016 Strategic Plan
MOTION: ADOPT (Pech; second, Cummings)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby, Panske,
Mayor Tower
Mr. Rohloff stated as the result of the retreat held with department heads last summer, the
five priority goals identified for the 2015-2016 Strategic Plan were 1) Support Economic
Development, 2) Continue to Strengthen our Neighborhoods, 3) Improve and Maintain our
Infrastructure, 4) Improve our Quality of Life Assets, and 5) Develop an Effective, High
Performing Government. He asked the Council to provide City staff with the metrics they
preferred in order to receive regular updates and reports to share with constituents. He
stated business cards outlining the strategic plan would be available at the State of City
Address and a copy of the plan would be placed at City Hall.
Mayor Tower asked Mr. Rohloff to give the key goals of the strategic plan.
Mr. Rohloff stated the four priority internal goals of the strategic plan were supporting
economic development, continuing to strengthen our neighborhoods, improve and maintain
our infrastructure and improve our quality of life assets. He stated the internal priority goal
was to develop an effective, high performing government.
Mayor Tower stated he liked that the strategic plan included ways to implement the goals
and objectives. He also stated he liked the fact the strategic plan was published for public
viewing.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
Council Member Cummings commented that he felt City staff and the Council were on the
same page when it came to identifying the goals of the strategic plan.
COUNCIL DISCUSSION, D/RECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS
Mr. Rohloff reported that GOEDC hired a marketing/communication manager who would
begin in February. He stated that GOEDC was still is the process of hiring an executive
director and that an unveiling of some of the goals and fundraising efforts of GOEDC would
be held in February.
A meeting with the Oshkosh Area School Board would be held on February 11th at 6 p.m.
Council Member Herman stated he would be unable to attend the meeting with the Oshkosh
Area School Board.
A workshop/tour of the Public Works Field Operation Facility located at 639 Witzel Avenue
(Entrance from South Campbell Road) would be scheduled at a later date.
Mr. Rohloff asked the Council to provide him with some goals relative to the strategic plan
and suggest the following: 1) Provide a report on the strategic plan and process including
dashboard data on no less than a quarterly basis effective the first quarter of 2015. 2)
Expand the newsletter to provide articles on departmental activities, particularly items
related to the strategic plan. 3) Implement a tracking system to report on Council requests
and directives.
Council Member Herman stated he liked the three goals suggested by Mr. Rohloff and felt
the Council should implement them.
Council Member Allison-Aasby supported implementing the three goals suggested by Mr.
Rohloff. She stated there were many community demands placed on the City Manager's
time and that could perhaps be attended by City staff to better allow the City Manager to
execute the goals of the strategic plan.
Mayor Tower stated the consensus of the Council was to implement the three goals
suggested by Mr. Rohloff as Goals of the City Manager for 2015.
Mayor Tower reported that the City of Oshkosh would be featured on the television show
"Around the Corner" on the Wisconsin Public Television station.
Council Member Allison-Aasby stated she attended a session at a Municipalities
Conference in Madison where the City Administrator from Waunakee shared a UTube video
regarding their City and resources from the perspective of the municipality. She stated she
thought that was something the City of Oshkosh should look into.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
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PROCEED/NGS OF THE COMMON COUNCIL— .IANUARY 27, 2015
CITY MANAGER ANNOUNCEMENT 8c STATEMENTS
Mr. Rohloff stated the City had purchased its allotment of computers for 2015 through the
State of Wisconsin Cooperative Purchase Contract with Vanguard Computers, Inc.
MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS
BARGAINING OPTIONS, STRATEGY AND PARAMETERS
RELATED TO THE NEGOTIATION OF AN AGREEMENT WITH
THE GRAND OPERA HOUSE FOUNDATION FOR LEASE AND
OPERATION OF THE GRAND OPERA HOUSE PURSUANT TO
SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES
WHERE COMPETITIVE BARGAINING REASONS REQUIRE A
CLOSED SESSION (Allison-Aasby; second, Fitzgerald)
CARRIED: Ayes (7) Fitzgerald, Cummings, Pech, Herman, Allison-Aasby,
Panske, Mayor Tower
MOTION: ADJOURN (Allison-Aasby; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 7:36 p.m.
PAMELA R. UBRIG
CITY CLERK
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