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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
A14,2015
PRIL
REGULAR MEETING held Tuesday, April 14, 2015, at 6:00 p.min the Council Chambers,
.
City Hall.
Mayor Tower presided.
PRESENT: Council Members Caroline Panske, Sean Fitzgerald, Steve Cummings, Tom
Pech, Jr., Steven Herman and Mayor Tower
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 Klara Stelzer from Webster Stanley Elementary School
and; Ethan Stelzer from Webster Stanley Middle School.
P
ROCLAMATIONS
A proclamation was presented by Mayor Tower proclaiming April 7, 2015 as National
Service Recognition Day
Mr. Rohloff introduced Jason White as the Chief Executive Officer of GOEDC and Erin
Sutton, the Communications Manager for GOEDC.
CSC
ITIZEN TATEMENTS TO OUNCIL
Walter Scott, Sue Panek, and Tom Grogan representatives of the Oshkosh Civility Project
presented Mayor Tower with a plaque recognizing his commitment to civility.
Bob Cornell, 548 W. Smith Avenue, thanked Mayor Tower and Sean Fitzgerald for their time
and service to the Common Council. He also stated having students from Oshkosh North
partner with senior citizens to teach them about technology was a positive experience. He
also stated his concerns about citizens driving in the bike lanes on Sawyer Street.
Council Member Allison-Aasby joined the Council Meeting at 6:18 p.m.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Receipt and Filing of Common Council Minutes from March 24, 2015
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ROCEEDINGS OF THE OMMON OUNCIL PRIL
Receipt of Claims filed with the City’s Insurance Company:
A) Lynn Reimer for alleged damages from the Police Dept
B) ACCU Properties LLC (Walter Engler) for alleged damages from a water leak in
front of property
Resolution 15-163 Approve Professional Service Agreement with Associated Financial
Group for Benefit Consulting Services (various amounts)
Resolution 15-164 Award Bid for Flooring Replacement for the Oshkosh Public Library to
HJ Martin & Son Inc. ($64,845.00)
Resolution 15-165 Award Bid for One Ton 4WD Crew Cab Truck for Street Division to L&S
Truck Center and Stainless Steel Dump Body, Hoist and Hydraulic
System to Monroe Truck Equipment (Total amount of $62,542.00)
Resolution 15-166 Award Bid for Stevens Park Restroom/Shelter Construction for Parks
Department to Cardinal Construction Co. Inc. ($188,390.00)
Resolution 15-167 Award Bid for Riding Tractor/Mower for Parks Department to Reinders
Inc. ($72,364.44)
Resolution 15-168 Approval of Change Order No. 1 for Public Works Contract No. 14-03
with Relyco, Inc. for the National Guard Armory Area Stormwater
Detention Basin (+$218,873.84)
Resolution 15-169 Approve Purchase of Manhole / Inlet Castings for Public Works
Department ($62,959.00)
Resolution 15-170 Approval of Amendment to Agreement for Engineering Services with
AECOM for Environmental Engineering and Construction Material
Testing for the Public Works Field Operations Facility – Phase 3
($170,000.00)
Resolution 15-171 Approval of Agreement for Engineering Services with CH2M HILL
Engineers, Inc. for 2015 Wastewater Collection System Sewer
Evaluation and Capacity Assurance Plan (SECAP) and Capacity-
Management-Operation-Maintenance (CMOM) Plan Program Services
($159,870.00)
Resolution 15-172 Approve Professional Service Agreement with Tyler Technologies Inc.
for Enterprise Resource Planning (ERP) Software Package
($665,378.00)
Gary Gray, 815 W. Linwood Avenue, questioned when the software program would be
implemented and if the new system would execute the utility accounting financial reports.
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John Fitzpatrick, Assistant City Manager/Director of Administrative Services, stated due to
multiple software systems and the training involved, full implementation of the software
programs would take several phases to complete. He stated the utility accounting would be
included in the software.
Resolution 15-173 Approve Purchase Pursuant to State of Wisconsin Cooperative
Purchase with SHI International Corporation for Microsoft Software
Licenses ($165,651.00)
Resolution 15-174 Accept Dedication of Street Right of Way for Waupun Road Adjacent to
4233 Waupun Road (Plan Commission Recommends Approval)
Resolution 15-175 Authorize Submittal of Department of Natural Resources Stewardship
Grant Application for Riverwalk Improvements on Morgan District
Property Adjacent to Boatwork Riverwalk
Resolution 15-176 Approve Conditional Use Permit for Development of a Brewery/Taproom
/Sales Area at 611 Oregon Street and Associated Parking and
th A
Dumpster Enclosure 213 West 7venue (Plan Commission
Recommends Approval)
Resolution 15-177 Approve Fund Balance Reservations
Resolution 15-178 Oppose the Reduction of State Correctional Staff Positions and
the Closing of Prison Towers in the City of Oshkosh
Mayor Tower stated there was a request to pull the resolution from the Consent Agenda to
be considered separately.
Resolution 15-179 Approval of Special Event - Pretty Little Drivers – Riders to utilize Abe
Rochelin Park for their Pretty Little Drivers – Riders TGIF Meets / April
17, 2015 through October 16, 2015 (Every Friday)
Resolution 15-180 Approval of Special Event - Oshkosh Bird Fest Committee / Utilize
Menominee Park for their Oshkosh Bird Fest / May 2, 2015
Resolution 15-181 Approval of Special Event - Dream Jewelers, Planet Perk and Trillium
Salon to utilize Commerce Street for their Shop Local Oshkosh Kick off
Saluting Our Local Heroes / May 4, 2015
Resolution 15-182 Approval of Special Event - UWO Women’s Center to utilize city streets
for their Walk a Mile in Her Shoes / May 6, 2015
Resolution 15-183 Approval of Special Event - Jefferson PTO and Safety Team to utilize
Minnesota Street for their Jefferson Bike Rodeo for Community Event /
May 14, 2015
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Resolution 15-184 Approval of Special Event - Molly McGuire’s to utilize 539 Campus
Place for their Graduation Beer Garden / May 15, 2015
Resolution 15-185 Approval of Special Event – Kelly’s Bar to utilize 219 Wisconsin Street
for their Graduation Beer Garden / May 15 and 16, 2015
Resolution 15-186 Approval of Special Event - Oshkosh Garden Club to utilize front
grounds of Oshkosh Public Museum for their Oshkosh Garden Club
Plant Sale / May 16, 2015
Resolution 15-187 Approval of Special Event - Paine Art Center and Gardens to utilize
Congress Avenue for their Festival of Spring / May 16, 2015
Resolution 15-188 Approval of Special Event - Oaklawn PTO and Safety Team to Utilize
Viola Street for their Oaklawn Community Bike Rodeo May 19, 2015
Resolution 15-189 Approval of Special Event - CLIC Foursquare Church to Utilize
Menominee Park for their CLIC Softball Tournaments / May 23, 2015
and September 5, 2015
Resolution 15-190 Approval of Special Event - Larry Mead to utilize South Park
for his Reading of Names on War Monument / May 25, 2015
Resolution 15-191 Approval of Special Event - Oshkosh Patriotic Council to utilize
Riverside Park, City Streets and Riverside Cemetery for their Memorial
Day Procession and Services / May 25, 2015
Resolution 15-192 Approval of Special Event - Paint Art Center and Gardens to utilize
Congress Avenue for their Faire on the Green / July 12, 2015
Resolution 15-193 Approval of Amendment to Special Event - Waterfest, Inc to utilize
Leach Amphitheatre for Waterfest Concert Series / August 7, 2015
Resolution 15-194 Approval of Special Event - National MS Society WI Chapter to utilize
city sidewalks for their Walk MS Oshkosh / September 13, 2015
Resolution 15-195 Approve Appointment to the Library Board
Resolution 15-196 Disallowance of Claim by Lynn Reimer
Resolution 15-197 Disallowance of Claim by Karen Steineke
Resolution 15-198 Approval of Combination “Class B” License, Combination “Class A”
License, Premise Transfer For Combination “Class B” License,
Secondhand Dealer License, Special Class “B” Licenses and Operator
Licenses
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MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTON 15-178
(Pech; second, Herman)
CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby,
Mayor Tower
Resolution 15-178 Oppose the Reduction of State Correctional Staff Positions and
the Closing of Prison Towers in the City of Oshkosh
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby,
Mayor Tower
Council Member Herman was concerned the proposed reduction in State correctional staff
positions would affect not only the worker’s livelihoods but the City of Oshkosh as a whole.
Trent Ventura, 202 Scott Avenue, stated he was employed with the Wisconsin Department
of Corrections for twenty nine years. He explained the proposed budget cuts to close the
prison towers on third shift at the Oshkosh Correctional Institution should be of concern to
Oshkosh residents as the prison towers were the last line of defense for protection for the
employees of the Oshkosh Correctional Institution and the public.
Council Member Herman read the resolution to make the public aware.
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
Ordinance 15-199 Approval of Time Limit, Permit and Leased Parking Enforcement Hours
in Municipal Parking Lots
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby,
Mayor Tower
Council Member Herman stated the Parking Utility Commission voted in favor of the
ordinance as the changes would make the parking enforcement the same in all municipal
parking lots.
Resolution 15-200 Approve Agreement with the Oshkosh Opera House Foundation, Inc.,
for Lease and Operation of the Grand Opera House ($158,500 per year
for 2 years
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (4) Panske, Cummings, Pech, Mayor Tower
Noes (2) Herman, Allison-Aasby
Present (1) Fitzgerald
Gary Gray, 815 W. Linwood Avenue, asked how the lease would be funded.
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Mr. Rohloff stated the lease would continue to be funded through room tax dollars however
the room tax would not be formula driven any longer.
Al Hartman, 2425 Patriot Lane, represented the Grand Opera House Foundation Board and
urged the Council to approve the lease agreement.
Bob Cornell, 548 W. Smith Avenue, agreed with a two year lease instead of a five year
lease with the Grand Opera House Foundation.
Council Member Herman indicated in 2009 the Grand Opera House Foundation pledged
$250,000.00 to help repair the roof of the Grand Opera House. He stated to date
$40,000.00 had been paid to the City. He asked what the plans were in the next two years
to reimburse the City of Oshkosh.
Mr. Hartman stated in the proposed lease agreement drafted by the City, $25,000.00 from
the room tax income would be allocated to reimburse the City for the roof pledge.
Council Member Herman did not feel room tax dollars, which he felt were tax payer dollars,
should be used to pay off a pledge that the Grand Opera House Foundation had agreed to
help fund the Grand Opera House.
Mr. Hartman stated that prior to the City mandating $25,000.00 of the room tax income be
allocated to reimburse the City, the Grand Opera House Foundation had planned to hold
special events and to increase ticket prices in order to raise money to reimburse the City.
Council Member Pech stated the pledge from the Grand Opera House Foundation to help
repair the roof of the Grand Opera House was “up to” $250,000.00; the pledge was not a
specific dollar amount.
Council Member Herman stated the financial reports for the Grand Opera House indicated,
at best, the Grand Opera House broke even twice in the last twenty years. He asked if
there were plans to generate more revenue.
Mr. Hartman stated the Grand Opera House Foundation planned to cut costs; the Grand
Opera House was currently down one employee position and there were plans not to hire
for the position at the same capacity which would save significant dollars. He stated to
increase revenue the Grand Opera House was considering increasing ticket prices and
holding special events designed specifically to reimburse the City.
Council Member Pech reiterated that the roof pledge agreement from the Grand Opera
House Foundation and accepted by the City of Oshkosh was for “up to” $250,000.00. In his
opinion, the Grand Opera House Foundation was fulfilling its commitment of trying to
facilitate payments for the $250,000.00 pledge. He stated the Grand Opera House was a
City owned building and compared it to the library and museum as far as using tax payer
support to fund repairs.
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Council Member Panske stated she supported the resolution, however she felt the Grand
Opera House Foundation, City staff, and the Council should communicate better; and the
Grand Opera House Foundation should keep the Council up to date on their fund raising
efforts.
Council Member Pech felt that communication worked both ways and Council members had
an obligation to both hear from the community and reach out to the community. He believed
if Council members had questions or concerns it was incumbent upon them to reach out and
get the information they sought instead of litigating their questions in public. He stated he
supported the resolution.
Council Member Allison-Aasby asked how many outside acts the Grand Opera House had
st
scheduled from May 1 through the end of 2015 and if there were any outside acts
scheduled for 2016.
Joe Ferlo, Director and CEO of the Grand Opera House Foundation and Director of the
st
Grand Opera House, stated the calendar year for booking acts was July 1 through June
th
30. He stated events were booked in the spring and typically he would book between
fifteen and twenty outside acts per year including the school performances and the series
offered by the Grand Opera House. He stated the standard artist contract specified that the
Grand Opera House must have a signed lease for the facility they used. He stated since
there was not a current signed lease he could not book any acts, however he had tentative
agreements. He explained the process in which national acts were booked.
Mr. Rohloff stated that Mr. Ferlo could legally book national and outside acts per the current
signed lease. He read aloud the following verbiage in the lease agreement: “Any dates
booked by the Foundation during the lease term or any extension thereof shall be honored
by the City even in the event this Agreement is terminated prior to the normal termination
date of the Agreement or any subsequent term hereof”.
Mr. Ferlo stated that artists would not sign a contract unless the Grand had a signed lease.
Mr. Rohloff stated the current lease agreement bound the City to honor the agreement
between the Grand and their clients and that Mr. Ferlo had the ability to book acts
immediately.
Council Member Fitzgerald felt it was important the citizens were aware that discussions
regarding the Grand Opera House Foundation lease had taken place over the last several
months. He also stated he would be voting present on the resolution as he had a business
relationship with the Grand Opera House Foundation.
Council Member Herman asked who the community partners were with the Grand Opera
House Foundation.
Mr. Ferlo stated there were three community partners associated with the Grand Opera
House Foundation who had reciprocal agreements; the Oshkosh Symphony Orchestra, the
Community Players, and Hysterical Productions.
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Council Member Herman asked if the Grand Opera House Foundation partnered with City
hotels for package deals for rooms and tickets or if they had contacted the Oshkosh
Convention Center and Visitors Bureau to partner with them.
Mr. Ferlo felt communication between the Grand Opera House Foundation and the Oshkosh
Convention Center/Visitors Bureau could be better and that he was open to exploring
partnering with them. He stated that the WHG Group provided significant housing for artists
performing at the Grand Opera House as a donation to the Grand Opera House Foundation.
Council Member Allison-Aasby stated she and other Council members had met with the
Grand Opera House Foundation Board to discuss issues that concerned the Council and
clarified that the Council had been contacted by citizens and business owners of the
community regarding the operation of the Grand Opera House.
Mayor Tower stated he supported the resolution and clarified that under the new lease
agreement, the final management fee amount of $158,500.00 included a $25,000.00 offset
amount to repay to the City the pledge made by the Grand Opera House Foundation to help
repair the roof.
Council Member Allison-Aasby stated she felt it should have been the responsibility of the
Grand Opera House Foundation to come up with a plan to repay the City rather than City
staff and the Council developing a plan for repayment.
Council Member Herman was concerned about the financial condition of the Grand Opera
House.
Council Member Pech stated he supported the resolution.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Mr. Rohloff indicated he had previously introduced Mr. White and Ms. Sutton and had
nothing further to update on GOEDC.
A workshop to review the health Insurance program would be held once the new council
members were sworn in.
Mayor Tower felt that the council member compensation was out of line with other cities the
size of Oshkosh and suggested that a committee be formed to research and perhaps adjust
the compensation of council members.
Council Member Fitzgerald suggested that increasing the salary of the Council might appeal
to more citizens to run for office.
Council Member Herman felt council members put in long hours and stated his support for
researching how other cities the size Oshkosh compensated their council members.
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PCC–A14,2015
ROCEEDINGS OF THE OMMON OUNCIL PRIL
Mayor Tower thanked the various people with whom he had worked over his eleven years of
service on the Common Council.
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CMA&S
ITY ANAGER NNOUNCEMENT TATEMENTS
Mr. Rohloff stated a cooperative purchase of workstations was made for the Enterprise
Resource Planning (ERP) Project. He stated the City Clerk’s Office would accept
applications for the vacant council seat until 10:00 a.m. on April 20, 2015. He reminded
everyone that the organizational meeting for the new council would be held on Tuesday,
st
April 21 at noon.
MOTION: RECESS UNTIL NOON, APRIL 21, 2015 (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Panske, Fitzgerald, Cummings, Pech, Herman, Allison-Aasby,
Mayor Tower
The meeting recessed at 7:31 p.m.
PAMELA R. UBRIG
CITY CLERK
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