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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
N10,2015
OVEMBER
REGULAR MEETING held Tuesday, November 10, 2015, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Cummings presided.
PRESENT: Council Members Tom Pech, Jr., Caroline Panske, Benjamin Stepanek, Kyle
Clark, Deb Allison-Aasby, Steven Herman, and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney, James Rabe, Director of Public Works, and Trena Larson, Finance Director
Council Member Pech read the Invocation.
The Pledge of Allegiance was led by Joslyn Harvey and Isaac Kidwiler from Valley
Christian Elementary School.
P
ROCLAMATION
A proclamation was presented by Mayor Cummings proclaiming November 19, 2015 as
Student Entrepreneur Day in the City of Oshkosh.
PH
UBLIC EARINGS
Ordinance 15-472 Approve Zone Change of Properties at Parkway Avenue and Boyd
Street from C-1 Neighborhood Business to R-2 Two Family Residence
(Plan Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
2016 City Budget
Gary Gray, 815 W. Linwood Avenue, urged the council to approve and implement best
practices for citizens’ active participation in the total budget process.
Jason White, CEO of the Greater Oshkosh Economic Development Corporation (GOEDC),
gave an update of what was happening at GOEDC and reported that GOEDC was one
third publicly funded and two thirds privately funded.
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Direction to staff on amendments to proposed budget prior to November 24Council
Meeting
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Herman asked for clarification regarding information received by the
Council.
Mr. Rohloff stated the City needed to be compliant in expenditure restraint calculation in
order to receive one million dollars in expenditure restraint revenue from the State. He
asked the Finance Director to explain further.
Ms. Larson explained the State had issued the final calculations for expenditure restraint
and the proposed 2016 budget was over the allowed expenditure restraint amount by
$628,085; which meant the City would lose the one million dollars in expenditure restraint
revenue from the State. She proposed removing the Inspections Division from the general
fund as the Inspections Division could support and sustain itself. She stated by giving the
Inspections Division its own fund, the general fund budget would decrease by $791,300
which would add $163,215 to the general fund for other consideration.
Mr. Rohloff stated it was important for the budget to remain as close to the expenditure
restraint calculation amount as possible as the final budget amount would dictate the
expenditure restraint calculation for the next year.
Council Member Panske questioned why the Neighborhood Coordinator position was
listed in the preliminary budget at $21,700, however in the proposed budget the position
was listed at $24,000.
Ms. Larson stated the reason for the increase in the Neighborhood Coordinator position
was due to operational costs that needed consideration in order to support the position in
addition to wages.
Council Member Panske asked if the numbers could change again before the November
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24 meeting.
Ms. Larson stated the budget numbers on the worksheet she prepared for Council were
final numbers.
Mr. Rohloff explained the goal of the enhancements found on the worksheet provided to
Council was to break even or create a surplus.
Council Member Stepanek proposed that a position be created in the City for a Diversity
and Inclusion Director. He stated the job of the Diversity and Inclusion Director would be
to find gaps in City services to minorities and to work with minorities to start up businesses
in Oshkosh.
Council Member Clark asked how the position would be funded.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Stepanek stated in his research he found that the City of Appleton had a
Diversity and Inclusion Director whose salary was paid by the general fund. He stated he
spoke with representatives from Winnebago County and the Oshkosh Area School district
and found that Winnebago County was interested in a Diversity and Inclusion Director and
would address the position in their next budget process; the school district did not feel they
had the fiscal ability to contribute but were willing to partner with their human resources
staff. He stated if the Council decided to give direction to City staff regarding adding a
Diversity and Inclusion Director position, he would like to reach out to the business
community in Oshkosh to see if there was partnership interest.
Council Member Panske stated she felt the Diversity and Inclusion Director position should
be a topic for the 2017 budget.
Council Member Pech asked what the total cost of the Diversity and Inclusion Direction
position would be.
Council Member Stepanek stated he was not sure what the exact cost of a Diversity and
Inclusion Director position would be, however he felt it would be in the range of $50,000 to
$55,000. He proposed the possibility of opening the position as part time, progressing to
full time if warranted.
Council Member Pech asked what the benefit package cost of the position would be.
Mr. Rohloff stated the benefit package cost of the position would be forty to fifty percent of
the salary.
Council Member Pech stated he felt it was too late in the 2016 budget process to consider
a Diversity and Inclusion Director position. He suggested Council direct City staff to
research the Diversity and Inclusion Director position.
Council Member Clark stated he felt the possibility of creating a Diversity and Inclusion
Director position should be discussed after the 2016 budget was approved. He stated he
felt there should be public input on the subject.
Mayor Cummings stated he agreed the Council should give direction to the City Manager
to have City staff research the Diversity and Inclusion Director position but it was too late in
the budget process to consider the position for 2016.
Council Member Allison-Aasby asked what department the Diversity and Inclusion Director
position fell under in the City of Appleton.
Council Member Stepanek stated when the Diversity and Inclusion Director position for the
City of Appleton was created in 1997 it fell under the police department; in 2011 it was
moved to the mayor’s office, and currently the position was in community development
division. He stated he felt for the City of Oshkosh, the position should be in the city
manager’s office.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Allison-Aasby asked how many other Wisconsin communities had the
Diversity and Inclusion Director position besides Appleton.
Council Member Stepanek stated there were two communities in the State of Wisconsin
that had the Diversity and Inclusion Director position; Madison and Appleton.
Council Member Herman stated he felt it was too late in the 2016 budget process to
consider a Diversity and Inclusion Director position.
Mr. Rohloff explained the color coded handouts that accompanied the proposed 2016
budget and asked Council for direction. He reiterated it was important to remain in
compliance with expenditure restraint.
Council Member Clark stated he supported adding the police officer position to the 2016
budget.
Mayor Cummings stated he supported adding the police officer position to the 2016 budget
and asked if the police officer position was added, when it would be filled.
Mr. Rohloff stated if the police officer position was added to the 2016 budget, the position
would most likely be filled immediately.
Council Member Allison-Aasby stated she needed more time to review the worksheets
before she could give direction to the City Manager.
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Mr. Rohloff stated the Council had until November 24 to make changes to the proposed
2016 budget. He stated the worksheets provided to the Council were made with
assumptions taken from Council statements during the budget process to make the budget
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hearing on November 24 easier.
Ms. Larson added that as the Council communicated their changes to the proposed
budget, they would be added to the worksheet which would be updated and sent to council
members each Friday for the next two weeks.
Council Member Clark stated he was uncomfortable adding items to the budget that were
not funded by a specific revenue source.
Mr. Rohloff stated from an operational stand point, he would not allow the advertisement of
a position without a funding source in place.
Council Member Allison-Aasby asked for an explanation on the adjustment of salaries.
Mr. Rohloff stated the adjustment of salaries were assumptions based on health insurance
expenses and the updated Carlson Dettmann Classification and Compensation Study.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Herman proposed removing $25,000 from the bicycle and pedestrian
infrastructure and adding it to the contingency fund in the CIP budget. He also proposed
capping the cost of the storage facility at the wastewater treatment plant at $200,000. He
proposed that $6,100 for treadmills for the fire department be removed from the operating
budget.
Council Member Clark stated he supported removing $6,100 for treadmills for the fire
department from the operating budget.
Council Member Allison-Aasby stated she understood the relevancy of the treadmills and
suggested the fire department search for donations from service organizations or outside
sources.
Council Member Panske stated she supported cutting $6,100 for treadmills for the fire
department from the operating budget. She also commented that cutting $25,000 from the
bicycle and pedestrian budget would have a drastic effect on the Bicycle and Pedestrian
Advisory Committee.
Mayor Cummings stated he felt the benefit of having healthy fire fighters outweighed the
cost of the treadmills.
Council Member Herman stated he felt the fire department should research other ways to
fund the purchase of the treadmills. He stated although he was proposing to cut the
bicycle and pedestrian budget by $25,000, the money was being moved to the contingency
fund which could still be used by the Bicycle and Pedestrian Advisory Committee.
Council Member Clark clarified his earlier remarks stating if there was enough flexibility in
the adjusted salaries fund he would support leaving the $6,100 for treadmills for the fire
department in the operating budget.
Mr. Rohloff stated, assuming the police officer position was added, the tax rate would be
$9.78 and the levy was at 2.86%.
CSC
ITIZEN TATEMENTS TO OUNCIL
Lorenz Rangeloff, 2020 Oregon Street, was concerned that his tenants were not allowed to
park in his parking lot located at the intersection of Ninth Avenue and Oregon Street. He
also was concerned about heavy duty trucks using Oregon Street and destroying the
concrete.
Council Member Herman asked if the tenants had assigned parking.
Mr. Rangeloff stated he owned all of the properties on the south side of Oregon Street
between Ninth and Tenth Avenues, including the parking lot. He stated he had received
correction notices from the City which stated no parking was allowed in the empty lot.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Council Member Herman stated that City staff would research Mr. Rangeloff’s concerns.
Mr. Rohloff suggested that Mr. Rangeloff contact Allen Davis, Director of Community
Development.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Council Member Panske asked what the item “Psychologie Clinique, S.C.” in the amount
of $900.00 was regarding.
Ms. Larson stated Psychologie Clinique, S.C. was a company the City used to complete
psychological examinations for newly hired police officers.
Receipt and Filing of Common Council Minutes from October 27, 2015.
Approval of Cash Report from September 2015.
Receipt of Claim filed with the City’s Insurance Company:
A) Justin Allen for alleged damages to his cell phone from the Police Department
B) Melissa Bahr for alleged damages to her vehicle as a result of a search from the
Police Department
Resolution 15-473 Approve Change Order No. 2 for Public Works Contract No. 15-21
with Jos. Schmitt and Sons Construction Co., Inc. for the Public Works
Field Operations Facility – Phase III (+$42,007.29)
Resolution 15-474 Disallowance of Claim by Wendy Guild
Resolution 15-475 Approve Special Class “B” Licenses, Operator Licenses and Taxi-Cab
Driver License
MOTION: ADOPT CONSENT AGENDA (Clark; second, Herman)
CARRIED: Ayes (7) Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 15-476 Approve Parking Regulation Changes on Dickinson Avenue, Court
Street and in the Alley Adjacent to the Oshkosh Convention Center
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
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PCC–N10,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Ordinance 15-477 Designate Yield Right of Way Intersection at Fairfax Street and
Rebecca Run
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Ordinance 15-478 Designate Bicycle Lanes on Taft Avenue between North Koeller
Road and North Sawyer Street
MOTION: ADOPT (Panske; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Council Member Clark stated the addition of the bike lanes on Taft Avenue would provide
a connection point to the existing bicycle infrastructure on Sawyer Street and also added
Oshkosh West High School to that bike route. He stated it was important for citizens to
have another mode of transportation.
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Ordinance 15-479 Approve Landmark Designation 50 West 6 Avenue (Plan
Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Mayor Cummings stated the property indicated in the resolution was the former Granary
Restaurant.
Council Member Pech stated the idea behind the landmark designation was to preserve a
piece of Oshkosh history rather than have the building torn down.
Mayor Cummings stated the Landmarks Commission had met with the developer to aid in
the improvement of the building.
Ordinance 15-480 Approve Request to Annex to City from Town of Oshkosh; Storm
Water Utility Annexation #3; 3400 Block North Main Street (Plan
Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 15-481 Amend Direct Sellers / Solicitors License Fee
FIRST READING; LAID OVER UNDER THE RULES
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Gary Gray, 815 W. Linwood Avenue, stated he felt the City should review and update all
license fees.
Mr. Rohloff stated the City had a policy regarding the review of license fees, however the
Direct Sellers/Solicitors License Fee had been overlooked due to recent changes in the
Finance Director position.
Mr. Gray suggested the City publish a list of City licenses and fees.
Resolution 15-482 Approve Authorizing the Submission of an Application to the
Wisconsin Department of Transportation for a Transportation
Economic Assistance (TEA) Grant
MOTION: ADOPT (Peck; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Gary Gray, 815 W. Linwood Avenue, questioned how the City would guarantee the level of
employment for the use of the railroad spur, and asked what was included in the overall
project.
Allen Davis, Director of Community Development, explained the TEA grant program was
offered by the Department of Transportation to encourage business retention and
expansion of jobs. He stated the primary beneficiary of the grant would be Oshkosh
Corporation who was pledging the retention of 400 jobs in its defense division for the next
seven years. He stated the project included adding three rail spurs and required the
relocation of the existing catwalk and rail spur used primarily by Oshkosh Corporation on
South Washburn Street near a residential area on Allerton Drive, to a new location in the
Southwest Industrial Park. He explained an additional spur would be constructed
alongside Oshkosh Corporation’s loading spur that other businesses could utilize to load
and off-load products. He stated the additional spur would provide businesses in the
Oshkosh area with an opportunity to utilize rail services even if their businesses were not
located on the rail spur.
Council Member Pech commented that the proposed resolution was a great example of
how a public/private partnership can facilitate economic growth.
Council Member Clark added the project would also eliminate a nuisance to the residential
neighborhood located near the current rail spur on South Washburn Street.
Mayor Cummings asked when the project would be completed.
Mr. Davis replied bids for the project would be awarded in early 2016 with construction
completed by spring or early summer in 2016.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Resolution 15-483 Approve Phase II of 2015 Great Neighborhoods Capital
Improvement Programs Funding $20,000.00
MOTION: ADOPT (Panske; second, Clark)
CARRIED: Ayes (7) Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Mr. Davis explained based on inspections, field reviews, and contact with the neighbors,
City staff had identified hazardous debris in five locations along the Fox River in the Marina
District Neighborhood. He stated the purpose of the resolution was to have the hazardous
debris removed.
Resolution 15-484 Approve 2016 Business Improvement District Operating Plan and
Budget (BID Board Approved)
MOTION: ADOPT (Allison-Aasby; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Mr. Rohloff stated he appreciated the cooperation from the BID in resolving the concerns
raised by the 2015 budget.
Resolution 15-485 Approve Employee Health Insurance Agreement with Wisconsin
Counties Association (WCA) / Group Health Trust (GHT) and
Dental and Vision Insurance Agreements with Delta Dental of
Wisconsin for Regular Non-Represented Employees
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Council Member Pech applauded the efforts of City staff to research and discover ways to
save money and still provide a competitive health insurance package.
John Fitzpatrick, Director of Administrative Services, stated the City received a favorable
bid from the Wisconsin Counties Association (WCA), one of the partners involved in the
Three Waves Health Clinic endeavor, which resulted in savings of $127,500,000.
Resolution 15-486 Designate Health Insurance Fund Reserve
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7)Pech, Panske, Stepanek, Clark, Allison-Aasby, Herman,
Mayor Cummings
Council Member Herman asked for explanation of the resolution.
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ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
Mr. Fitzpatrick stated the City was transitioning from a self funded health insurance plan to
a fully insured health insurance plan and explained after the year 2015 ended, the City
would still incur claims from the previous plan that would need to be paid. He stated there
was already a reserve fund in place from the previous health insurance plan and estimated
after all the claims for 2015 were paid the balance in the fund would be between two
hundred thousand dollars and one million dollars. He stated the resolution was to
designate a new health insurance fund reserve using the remaining balance; as the
reserve fund would aid City staff when strategizing for future health insurance plans or the
looming Cadillac Tax.
Council Member Herman asked if the remaining funds in the existing health insurance
reserve fund could be spent on other things besides health insurance claims.
Mr. Fitzpatrick stated it was his understanding the remaining funds in the existing health
insurance reserve fund could be spent on other health related items including health
insurance claims.
Council Member Herman stated he felt the reserve fund was needed in case the City ever
decided to go back to a self insured health insurance plan.
Council Member Clark stated he felt a designated reserve fund was a good idea so
Council and City staff would not be tempted to use the money elsewhere.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
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A meeting with Council and State Legislators would be held on Monday, December 7 at
4:30 p.m. at the Oshkosh Public Library.
Council Member Stepanek asked for an update on the Fair Housing Code Ordinance with
the addition of transgender protection.
Mr. Rohloff stated the City Attorney’s Office was in the process of updating the Fair
Housing Ordinance, however the entire ordinance was being updated rather than just a
section being added for transgender protection. He explained the ordinance would be
presented to Council for approval as one comprehensive package instead of one section
at a time.
Council Member Stepanek asked if the Fair Housing Code Ordinance would be completed
by the end of the year.
Ms. Lorenson stated the Assistant City Attorney was in the process of drafting the
ordinance however she did not know where he was in the process.
Mr. Rohloff stated he would update the Council regarding the Fair Housing Code
Ordinance at each successive Council Meeting through the end of year.
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PCC–N10,2015
ROCEEDINGS OF THE OMMON OUNCIL OVEMBER
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ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
nd
Mr. Rohloff asked the Council if they preferred to hold the December 22 Council Meeting
at noon or at 6:00 p.m.
nd
The consensus of the Council was to hold the December 22 Council Meeting at 6:00
p.m.
Mr. Rohloff reported there were five finalists for the Police Chief Position and there would
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be a public meet and greet with all the finalist on Monday, November 16 at 5:00 p.m. at
the Convention Center.
Mayor Cummings announced the City received a $3,000 grant for the Lake Fly Project at
the recent League of Municipalities Conference.
Council Member Pech stated the Lake Fly grant was one of three grants of that type
issued in the State.
Council Member Herman read a thank you statement from a citizen who was affected by a
water main break due to a recent structure fire. He stated he was contacted by a citizen
for information on the history of her father, Willard Mattson, who was a City Council
Member in 1969. He asked the public to contact the City Manager’s Office with any
information regarding Mr. Mattson.
Mayor Cummings reminded the public of various Veterans Day services on Wednesday,
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November 11 and the Holiday Parade on Thursday, November 12 at 6:30 p.m. He
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stated on Friday, November 13 from 9:00 a.m. to 11:00 a.m. he would be ringing the
Salvation Army bell at Festival Foods and former Mayor Burk Tower would be ringing the
Salvation Army bell at Pick and Save on the south side.
MOTION: ADJOURN (Clark; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 8:10 p.m.
PAMELA R. UBRIG
CITY CLERK
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