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PCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J9,2015
UNE
REGULAR MEETING held Tuesday, June 9, 2015, at 6:00 p.min the Council Chambers,
.
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Kyle Clark, Deb
Allison-Aasby, Steven Herman, Tom Pech, Jr. and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney and Steve Gohde, Interim Director of Public Works
Mayor Cummings called for a moment of silence to remember the lives of Leonard Reinke,
Don Jorgenson, Jeremy Monnett and Mike Clark; each community leaders who had recently
passed away.
Council Member Benjamin Stepanek read the Invocation.
The Pledge of Allegiance was led by Council Member Benjamin Stepanek
PCAA
RESENTATION OF OMMITTEE ON GING WARD
Mark Ziemer, Director of Senior Services, presented the Life Service Award to Lurton
Blassingame in recognition for his service to older adults and the community.
CSC
ITIZEN TATEMENTS TO OUNCIL
Bob Cornell, 548 W. Smith Avenue, invited the public to attend the Night on the River event
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sponsored by the Seniors Center on June 18.
PH
UBLIC EARING
Resolution 15-279 Approval of Final Resolution for Special Assessments – Contract No.
15-07 / Utility Repairs and Installation / Sanitary Sewer and Water Relays
/ Various Locations
MOTION: ADOPT (Clark; second, Stepanek)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Mayor Cummings asked for an explanation of the resolution.
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Steve Gohde, Interim Director of Public Works, stated the resolution was for a utility repair
project for a variety of sewer and water mains throughout the City. He gave an explanation
on the special assessment policy regarding sewer and water main connections.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Common Council Minutes from May 26, 2015.
Resolution 15-280 Approve Professional Service Agreement with AECOM for
Environmental Consulting Services for Rivers 1.5 Construction;
Marion/Pearl Redevelopment Area ($120,000.00)
Resolution 15-281 Approve Purchase Pursuant to Sole Source Exception of seven
Thermal Imaging Cameras for Oshkosh Fire Department from
W.S. Darley & CO ($49,307.65)
Resolution 15-282 Approve Purchase Pursuant to Sole Source Exception of two
Quint Fire Engine/Ladder Trucks for Oshkosh Fire Department
from Pierce Manufacturing Inc. ($1,751,600.00)
Council Member Pech asked for an explanation of the resolution.
Tim Franz, Fire Chief, explained two quint fire engine/ladder trucks needed to be replaced,
however due to the cost of the trucks only one was included in the 2015 CIP. He stated in
order to receive a multi unit discount and to avoid a price increase two trucks were
purchased; however the second truck would be paid for in 2016 and be included in the 2016
CIP.
Council Member Pech asked how much money the City would save by purchasing both
trucks together.
Mark Rohloff, City Manager, stated the City would save $248,000.00 by purchasing the two
trucks together.
Resolution 15-283 Approve Amendment to Resolution 15-136 Heart Monitor
Maintenance Agreement 2015-2017 for Fire Department to
Physio-Control Inc. ($44,290.92)
Mayor Cummings asked for an explanation of the resolution.
Mr. Rohlff explained the City was the recipient of a Fire Act grant which greatly reduced the
cost of the Heart Monitor Maintenance Agreement.
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Resolution 15-284 Approve Change Order No. 1 for Public Works Contract No.
14-11 with Wood Sewer and Excavating, Inc. for Sanitary
Sewer Manhole Rehabilitation Program (+$39,825.02)
Resolution 15-285 Approve Agreement with AECOM for Environmental and Engineering
Services Related to the Former Kienast and Paulus Quarries
($116,600.00)
Resolution 15-286 Approve Agreement with Brown and Caldwell for Storm Water
Management Plan for Gallups / Merritts Creek Watershed ($128,221.00)
nd
Resolution 15-287 Approve 2 Amendment to Intergovernmental Agreement with
East Central Wisconsin Regional Planning Commission for
Department of Defense Office of Economic Adjustment Grant
Funds for Regional Aviation/Aerospace Business Cluster
Mayor Cummings asked for an explanation of resolutions 15-587, 15-288 and 15-289 as they
were all related.
Allen Davis, Director of Community Development, explained in order to receive a grant from
the Department of Defense to help fund the aviation cluster study, local sources had to
provide a ten percent match of the funds. He stated Austin Straubel International Airport and
Wittman Regional Airport would share the cost of the ten percent matching funds. He stated
instead of cash the City would use Mr. Davis’ time to offset the City’s portion of the matching
funds.
Council Member Clark commended City staff for finding alternate and creative sources to pay
for things and being responsible with tax payer dollars.
Resolution 15-288 Approve Intergovernmental Agreement with Austin Straubel International
Airport to Undertake a Regional Aviation / Aerospace Business Cluster
Development; Accept Contribution
Resolution 15-289 Approve Intergovernmental Agreement with Wittman Regional
Airport to Undertake a Regional Aviation / Aerospace Business Cluster
Development; Accept Conribution
Resolution 15-290 Approve Appointments for the Following Boards and Commissions:
Bicycle and Pedestrian Advisory Committee, Bid Board, Board of
Appeals, Committee on Aging, Equal Opportunity in Housing
Commission, Extraterritorial Zoning Committee, Grand Opera House
Advisory Board, Housing Authority, Landmarks Commission, Library
Board, Long Range Finance Committee, Museum Board, Parking
Utility Commission, Plan Commission, Police and Fire Commission,
Storm Water Utility Board, Sustainability Advisory Board, Traffic Review
Advisory Board, Transit Advisory Board, Parks Advisory Board
Council Member Pech stated he greatly appreciated the involvement of the volunteers
serving on the City’s boards and commissions.
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Resolution 15-291 Approve Waiver for Wellspring Farms to Allow Horses in the
City on August 22, 2015
Resolution 15-292 Disallowance of Claim by Sue Jones
Resolution 15-293 Approval of Special Class “B” License, Combination “Class B” License
and Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Panske; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
ATO&R
CTION AKEN ON RDINANCES ESOLUTIONS
Ordinance 15-294 Approval of Changes in the Ceape and Otter East Parking Lots
MOTION: ADOPT (Clark; second, Panske)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Ordinance 15-295 Create Bicycle Lanes (Lane Reduction / ”Road Diet”) on Murdock Avenue
from Wisconsin Street to Sheridan Street
MOTION: ADOPT (Pech; second, Panske)
MOTION: DIVIDE INTO TWO PARTS: PART A BEING ROAD DIET; AND PART B BEING
BIKE LANES (Herman)
WITHDRAWN
MOTION: LAYOVER UNTIL JULY 28, 2015 COUNCIL MEETING AND REFER BACK TO
TRAFFIC REVIEW ADVISORY BOARD AND THE BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE (Herman; second, Clark)
LOST: Ayes (3) Clark, Allison-Aasby, Herman
Noes (4) Stepanek, Pech, Panske, Mayor Cummings
MOTION: RECONSIDER LAYOVER (Pech; second, Herman)
CARRIED: Ayes (6) Stepanek, Clark, Allison-Aasby, Herman, Pech, Mayor Cummings
Noes (1) Panske
MOTION: LAYOVER INDEFINITELY AND REFER BACK TO TRAFFIC REVIEW
ADVISORY BOARD, BICYCLE AND PEDESTRIAN ADVISORY COMMITTEE
AND CITY STAFF TO DO A COMPREHENSIVE PLAN FOR ALL OF MURDOCK
AVENUE (Pech; second, Clark)
CARRIED: Ayes (6) Stepanek, Clark, Allison-Aasby, Herman, Pech, Mayor Cummings
Noes (1) Panske
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Adam Bellcorelli, 1624 Western Street, supported the resolution as he felt the road diet would
reduce traffic speed and lane weaving. He stated he felt the proposed bike lanes would
encourage citizens to ride their bikes to work, school, and on short errands.
Ben Rennert, 1113 E. Irving Avenue, stated as an owner of a bicycle shop, a board member
of the Oshkosh Cycling Club, and the current Vice Chair of the Oshkosh Bicycle and
Pedestrian Advisory Board, he was committed to bettering the City of Oshkosh’s cycling
community. He stated he felt that cycling infrastructure was lacking in Oshkosh and
communities with strong cycling infrastructure had healthy and progressive citizens.
Gary Gray, 815 W. Linwood Avenue, asked if the speed limit on Murdock would be reduced
under the proposed road diet. He also asked if traffic would divert to the side streets if lanes
were reduced on Murdock Avenue.
Jim Collins, Director of Transportation, stated the speed limit on Murdock Avenue would not
be reduced under the proposed road diet. He stated it was a misconception that traffic
diverted to side streets upon completion of a road diet. He stated it was unlikely that Murdock
Avenue traffic would divert to side streets under the proposed road diet due to the speed limit
on Murdock Avenue being higher than the speed limits on the side streets.
Bob Cornell, 548 W. Smith Avenue, supported a road diet on Murdock Avenue, however he
felt the ordinance was not written with transparency as to the road diet; he felt the ordinance
appeared to be written more to create bike lanes and the road diet was secondary.
Mr. Collins explained the reason for the wording in the ordinance was due to there already
being a City ordinance on bike lanes in the Municipal Code. He stated the City did not
currently have ordinances for road reconfigurations or street painting. He stated the road
diet/reconfiguration was basically a restriping of the road.
Lynn Lorenson, City Attorney, confirmed the terminology “Lane Reduction / ”Road Diet”” was
included in the title of the ordinance and the lane reductions were noted at the bottom of the
ordinance to bring the road reconfiguration to people’s attention. She stated since lane
reconfigurations did not require an ordinance action from the Council, City staff opted to use
the bike lane ordinance and include the “Lane Reduction/”Road Diet”” terminology.
Mr. Collins stated in an effort to be as transparent as possible, City staff held a public meeting
and work shop on the road reconfiguration of Murdock Avenue.
Paul Lonning spoke on behalf of Expert Towing, 910 W. Murdock Avenue, and stated he was
concerned that reducing lanes on Murdock Avenue would make it difficult for large trucks to
navigate turns from Algoma Boulevard onto Murdock Avenue; and also to make turns into
businesses located on Murdock Avenue. He suggested the City research implementing
traffic signals to reduce accidents and recommended that bike lanes be added to Linwood
Avenue instead of Murdock Avenue due to the street being anchored by two fire stations
which made it a thoroughfare for ambulances.
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Mr. Collins stated the road reconfiguration on Murdock Avenue would begin at Sheridan
Street, therefore there would not be an issue for large trucks turning onto Murdock Avenue
from Algoma Boulevard. He stated the proposed left turn lane would be fourteen feet wide
giving large trucks two additional feet to navigate turns into businesses along Murdock
Avenue.
Mr. Lonning stated he had responded to many crashes where drivers were turning left onto
Elmwood Ave from Murdock Avenue. He stated as a driver of a large truck, he felt removing
a lane of traffic and adding a fourteen foot middle turn lane would hinder his ability to make a
left turn from Murdock Avenue into Expert Towing.
Jeff Wicinsky, 502 W. Murdock Avenue, stated he was opposed to the reconfiguration of
Murdock Avenue due to the high amount of traffic. He stated due to the volume of traffic and
the speed rate of the traffic he did not feel adding bike lanes to Murdock Avenue was a good
idea.
Chad Pugh represented CAP Properties, LLC and Expert Towing, 910 W. Murdock Avenue,
stated he felt the business owners along the proposed road reconfiguration area should have
been asked for their input in the traffic study. He stated he was opposed to the proposed road
diet and bike lanes on Murdock Avenue.
Council Member Panske stated the road reconfiguration project did not involve ripping up
concrete; it only involved repainting lane determinations which could be changed back in the
future if the road diet failed to work. She encouraged the business owners along Murdock
Avenue to communicate any issues with the Council if the ordinance was approved. She
stated she received numerous emails from Oshkosh North High School students who
supported the ordinance, especially the added bike lanes.
Council Member Herman stated he supported reconfiguring the lanes on Murdock Avenue in
order to reduce traffic accidents. He stated he did not see Murdock Avenue listed in the
City’s Bicycle and Pedestrian Plan and asked if the plan changed.
Mr. Collins stated the Bicycle and Pedestrian Advisory Committee voted to altar the bike
routes to include Murdock Avenue.
Council Member Herman asked why the bike route change was not brought before Council.
Darryn Burich, Planning Services Manager, stated per the Bicycle and Pedestrian Plan the
amendment process began with amendments or changes to the plan being brought before
the Bicycle and Pedestrian Committee Advisory Committee for review and recommendation
to Council on whether to approve or deny the amendment. He stated the Bicycle and
Pedestrian Advisory Committee was at that point in the process, however the amendment
could not be brought before Council until a decision was made on Ordinance 15-295.
Council Member Clark stated he would like to see a comprehensive plan for the entire length
of Murdock Avenue. He stated he did not like that the lane sizes changed in various places
throughout the course of the street.
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Council Member Herman made a motion to separate the road diet and bike lanes as two
separate items.
Ms. Lorenson stated there was no provision in the ordinance for road diets.
Council Member Herman withdrew the motion to separate the road diet and bike lanes as two
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separate items. He made a motion to layover the ordinance until the July 28 meeting and to
refer the proposed ordinance back to the Traffic Review Advisory Board and the Bicycle and
Pedestrian Advisory Committee.
Council Member Clark supported laying over the ordinance and for the Traffic Review
Advisory Board, the Bicycle and Pedestrian Advisory Committee, and City staff to
communicate with business owners and residents to come up with a comprehensive plan for
Murdock Avenue.
Adam Bellcorelli, 1624 Western Street, was a member of the Bicycle and Pedestrian Advisory
Committee and stated both committees had reviewed the road diet plan extensively and gave
their recommendations. He stated he did not feel it was necessary for the two committees to
meet again to discuss the road diet plan.
Paul Lonning from Expert Towing, 910 W. Murdock Avenue, stated he attended the most
recent Traffic Review Advisory Board meeting where the proposed road diet plan was
narrowly approved. He stated he felt that more input was needed from the businesses on
Murdock Avenue before a decision was made to go forward with the road diet project.
Mr. Collins stated the Council could opt to vote on the ordinance for the bike lanes and give
direction to City staff to continue with the road reconfiguration.
Ms. Lorenson confirmed an option for the Council would be to give direction to City staff to
implement the road reconfiguration.
Mr. Rohloff stated the Council had to first address the motion to layover the ordinance. He
reiterated the Council had the option to direct City staff to go ahead with the road
reconfiguration without adding bike lanes.
Council Member Allison-Aasby stated she was concerned about adding bike lanes to
Murdock Avenue due to the volume of traffic. She stated she supported laying the ordinance
over for further research.
Council Member Clark stated he did not support adding bike lanes to Murdock Avenue. He
felt that bike lanes would serve a better purpose on the side streets.
Council Member Herman stated he had concerns with adding bike lanes to Murdock Avenue.
He stated he felt there could be better communication with businesses and residents when
changes were made to their streets.
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Council Member Pech recommended that Council reconsider the motion to layover and refer
the ordinance back to the Traffic Review Advisory Board and the Bicycle and Pedestrian
Advisory Committee with direction to address a coherent usage and comprehensive plan for
Murdock Avenue.
Council Member Panske asked if the time frame would remain the same as the previous
motion to layover the ordinance.
Council Member Pech stated the time frame to bring the ordinance back to the Council would
be indefinite.
Council Member Stepanek asked if direction to City staff could be made for Council to receive
a road reconfiguration plan without the bike lanes.
Council Member Pech stated Council Member Stepanek’s request would be addressed in the
comprehensive plan of Murdock Avenue as directed in the motion to reconsider the layover.
Mr. Rohloff interjected that Council must first vote on the motion to reconsider the motion to
layover the ordinance.
Council Member Pech made a motion to layover and refer the ordinance back to the Traffic
Review Advisory Board, the Bicycle and Pedestrian and City staff to come up with a
comprehensive plan that addressed traffic flow and safety concerns on Murdock Avenue.
Mayor Cummings asked if the comprehensive plan would include all of Murdock Avenue.
Council Member Pech stated the comprehensive plan would include the entire length of
Murdock Avenue.
Ordinance 15-296 Approve Request to Attach to the City from the Town of Black Wolf /
Purtell Voluntary Attachment / Southeast Corner of West Ripple Avenue
and Oregon Street
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Ordinance 15-297 Approve Request to Attach to the City from the Town of Algoma /
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Cypress Homes Voluntary Attachment / South 3400 Block of West 20
Avenue
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
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Resolution 15-298 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Resolution 15-299 Approve Professional Service Agreement with Walker Parking
Consultants to Undertake a Downtown Parking Study ($49,877.00)
MOTION: ADOPT (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Mayor Cummings asked who all the participants were involved in the study.
Mr. Rohloff stated along with the City, the Business Improvement District was also
participating in the downtown parking study.
Council Member Herman stated he supported the downtown parking study as he felt with all
of the improvements to the downtown area parking was becoming a major issue.
Council Member Pech asked if the parking study would include the south side of the Fox
River.
Darryn Burich, Planning Services Manager, stated the business districts on the south side of
the Fox River were included in the broader Central City Study.
Resolution 15-300 Approve Capital Improvement Program (CIP) Policy
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Gary Gray, 815 W. Linwood Avenue, stated various viewpoints on the CIP Policy.
Council Member Pech stated the Long Range Finance Committee was asked to develop a
scoring system that would allow the City to identify and prioritize projects. He stated the CIP
Policy was a moving document and changes could be made to the policy through the Long
Range Finance Committee.
Council Member Panske asked under what circumstances the City Manager could reserve
the right to assess an extra five points per project.
Mr. Rohloff stated he would be judicious with regard to assessing extra points and that extra
points would have to be assessed for something that was totally lacking in the criteria that
was already laid out.
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Council Member Panske asked if the extra assessed points would come back to Council for
approval.
Mr. Rohloff stated the extra assessed points would not go before Council for approval,
however it was his intention to include any extra assessed points in the CIP so Council was
aware of what his thought process was.
Council Member Herman complimented the Long Range Finance Committee and City staff
for their efforts in completing the CIP Policy. He stated he felt the CIP Policy should be given
to all the boards and commissions who complete Capital Improvement Project Budgets.
Council Member Clark felt the CIP Policy would be a great tool to aid the Council and boards
and commissions in completing their CIP budgets.
Resolution 15-301 Approve Council Member / Mayor Salary Increase
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Bob Cornell, 548 W. Smith Avenue, stated he supported the resolution as it contained a
provision to review council member/mayor salaries after each Mayoral cycle.
John Fitzpatrick, Assistant City Manager/Director of Administrative Services, stated former
Mayor, Burk Tower, suggested a Compensation Committee be formed to review council
member and mayor pay. He stated the last salary adjustment made to council member and
mayor pay in the City of Oshkosh took place in 2009 and explained that pay increases
approved by current elected officials could not be effective until a new term began. He stated
City staff had conducted research into the salaries of council members and alderpersons from
several Wisconsin communities and based on the analysis and data collected, the
Compensation Committee agreed to recommend an increase in the annual council member
and mayoral salaries and to adjust the mayoral salary to $1500.00 above council member
salary.
Council Member Herman stated he was a member of the Compensation Committee and upon
comparing the salaries of council members and alderpersons from other Wisconsin
communities it was determined that the salaries of Oshkosh Common Council Members and
the Oshkosh Mayor were well below the average salaries collected in the data.
Council Member Pech stated as a council member it was awkward to vote for a pay increase,
however he believed the citizens of Oshkosh were getting their money’s worth from the
Council.
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Council Member Clark stated it was important to remember that the proposed pay increase
would be deferred until 2016. He stated even with the proposed salary increase, council
member and mayor compensation for the City of Oshkosh was still below the average salary
of council members and alderpersons in comparable communities.
Council Member Panske stated she would like the gap between the salary of the council
members and the mayor reduced. She stated that it was difficult to vote for a salary increase
without feeling selfish and promised that her salary would be used to try new local restaurants
and to support businesses in Oshkosh.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Council was given the 2016 Budget Preparation Schedule and after discussion decided to
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schedule department head presentations during the work day on October 20 and October
st
21.
A workshop with the Sustainability Advisory Board on current projects would be held on July
th
14 at 5:00 p.m.
Mayor Cummings felt the Council should have a policy regarding member attendance for
boards and commissions and asked Council Members for their thoughts.
Council Member Clark felt a member should be removed from a board or commission after
three unexcused absences without a twenty four hour notice.
Mr. Rohloff suggested the Council establish a policy of standards and expectations rather
than a hard and fast rule regarding member attendance for boards and commissions.
Lynn Lorenson, City Attorney, stated she would prepare a memorandum for the Council
regarding items to consider for establishing a member attendance policy for boards and
commissions.
Council Member Allison-Aasby withdrew her intention to have a discussion on developing a
policy to take position on legislative issues.
Mr. Rohloff stated State Representative Schraa and State Senator Gudex shared with him
that they enjoyed meeting with the Council to discuss various issues and felt that joint
meetings should be held on a continuous basis.
Council Member Panske stated she enjoyed the discussion with local State Legislators and
loved having the Oshkosh Public Museum Library as the venue.
Council Member Herman felt the Council should meet with local State Legislators on a
quarterly basis.
Council Member Clark stated he felt the meeting with local State Legislators was beneficial.
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Council Member Panske reminded the public that the Fox Cities Bike Challenge began on
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May 1 and would continue through September 30.
Council Member Herman stated that council members were invited to attend an Oshkosh
Giants baseball game with their families and that he would get them a list of possible dates to
choose from.
MA&S
ANAGER NNOUNCEMENT TATEMENTS
Mr. Rohloff provided Council with the 2014 fourth quarter financial reports and the first quarter
financial reports for 2015. He stated an agreement for engineering services was made with
Strand Associates, Inc. for the Sawyer Creek post-construction modeling and mapping
services.
MOTION: ADJOURN (Clark; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 8:46 p.m.
PAMELA R. UBRIG
CITY CLERK
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