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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
D8,2015
ECEMBER
REGULAR MEETING held Tuesday, December 8, 2015, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Cummings presided.
PRESENT: Council Members Benjamin Stepanek, Kyle Clark, Deb Allison-Aasby, Steven
Herman, Tom Pech, Jr., Caroline Panske, and Mayor Cummings
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney, and James Rabe, Director of Public Works
Council Member Stepanek read the Invocation.
The Pledge of Allegiance was led by Dean Kuberski and Dylan Miller from Washington
Elementary School.
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt and Filing of Common Council Minutes from November 24, and December 2, 2015.
Approval of Cash Report from October 2015.
Receipt of Claim filed with the City’s Insurance Company:
A) Mary Schmitt for damages to her vehicle from a city truck backing into it
Resolution 15-520 Approve 2016 Across the Board Market Increase of 2% for Non-
Represented Employees
Resolution 15-521 Approve 2016 Fee Schedule for Lakeshore Municipal Golf Course and
Pollock Community Water Park
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
Resolution 15-522 Accept Gift of Welcome Signs from the Oshkosh Community Foundation
Mayor Cummings stated the welcome signs project had taken years to come to fruition due
to complications with the Department of Transportation. He thanked Steve Gohde, Assistant
Director of Public Works, for his tremendous effort on the project.
Council Member Pech asked where the welcome signs would be placed.
Mr. Gohde stated welcome signs would be placed at the intersection of 2100 S. Koeller
Street and W. South Park Avenue; the intersection of S. Koeller Street and W. Ninth Avenue;
the intersection of S. Koeller Street and Oshkosh Avenue; and Algoma Boulevard near
Lakeside Cemetery. He stated a location for the fifth welcome sign was being finalized for
Jackson Street near County Road Y.
Mr. Rohloff thanked the Oshkosh Community Foundation for their donation and help with the
welcome sign project.
Resolution 15-523 Approve Accepting Easement at 2100 South Koeller Street (Plan
Commission Recommends Approval)
Mayor Cummings indicated the easement was for the placement of the aforementioned
welcome signs.
Resolution 15-524 Approve Planning Services Fee Schedule for Site Plan Review and
Final Inspection Fee,Stormwater and Transportation Consultant Fee
and Code Compliance Fee
Resolution 15-525 Authorize the Filing of Applications for Federal Operating and Capital
Assistance, State Operating Assistance and County Transportation
Assistance
Resolution 15-526 Approve Amendment to Agreement with Lifequest for Ambulance Billing
and Collections Services
Resolution 15-527 Approve Ambulance Rates for 2016 and Hardship Policy
Resolution 15-528 Appoint Democratic and Republican Election Inspectors
Resolution 15-529 Approve Special Class “B” Licenses, Operator Licenses and Secondhand
Dealer Licenses
MOTION: ADOPT CONSENT AGENDA (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 15-530 Approve Parking Regulation Changes on Southland Avenue, Church
Avenue, Seventh Avenue and Minnesota Street
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Ordinance 15-531 Cancel December 22, 2015 Council Meeting (Staff Recommends
Waiving the Rules and Adopting on First Reading)
MOTION: SUSPEND RULES (Pech; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Council Member Pech stated the major items for the calendar year had been addressed by
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City staff and the Council, therefore Council opted to cancel the December 22 meeting as it
was close to the Christmas Holiday.
Resolution 15-532 Amend 2015 Capital Improvements Program (CIP) to Move Funds from
the Mount Vernon Street Reconstruction Project and the Inflow/
Infiltration Removal and Emergency Sanitary Sewer Repairs Project to
the Oregon Street Reconstruction Project ($100,000.00)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Council Member Pech asked for an explanation of the resolution.
Mr. Rabe explained that Oregon Street was planned for street reconstruction in 2017, 2018
and 2019. He stated that Oregon Street was a main corridor for private utility companies
and in order to keep the project on schedule the City needed to start the preconstruction
surveys as soon as possible and get feedback from the private utility companies as to what
their needs for the project would be.
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
Resolution 15-533 Approve Engineering Services Agreement with AECOM for Surveying
Services for Oregon Street ($99,472.50)
Mr. Rabe stated the magnitude of the Oregon Street reconstruction project was too much for
City staff to complete in a timely manner. He stated AECOM was familiar with the City’s
infrastructure and could help City staff with the design work.
MOTION: ADOPT (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Resolution 15-534 Approval of Fee Schedule for Sewer Use Charges
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Mayor Cummings asked for an explanation on resolutions 15-534, 15-535, and 15-536.
Jon Cameron, Ehlers and Associates, explained a study of sewer costs had been completed
during the summer to ensure sewer rates were fair and equitable to all customer classes.
He stated the cash flow analysis study identified a ten percent increase to revenues was
needed in order to maintain debt service coverage, sewer infrastructure projects and to
handle declining billable sewer usage.
Council Member Pech clarified that the ten percent increase in the sewer use charges
amounted to a $30.00 annual increase to the municipal user.
Council Member Herman asked why there was a decline in sewer usage.
Mr. Cameron stated the reason for the decline in sewer usage was not due to fewer
customers; the sewer usage decline was due to less usage from residential customers and
industrial customers. He added there was a trend in water conservation with the use of
water saving appliances, water recycling machines for industrial use, and other emerging
technologies geared toward water conservation.
Council Member Clark noted the City of Oshkosh was in the middle of the list of comparable
municipalities regarding sewer user rates.
Resolution 15-535 Authorize Staff to Complete and File a Water Rate Increase Application
with Public Service Commission of Wisconsin
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
Mr. Cameron explained for water rate increases there was an application and hearing
process that needed to be completed by the Public Service Commission of Wisconsin.
Resolution 15-536 Establish 2016 Storm Water Utility rate to $148.88/ERU
MOTION: ADOPT (Clark; second, Pech)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Mr. Cameron stated as a result of a long range cash flow analysis on the storm water utility,
the storm water utility rate was established at $148.88/ERU to ensure revenues were in
place for 2016 capital improvement projects.
Council Member Herman challenged City staff to research alternative ways to fund the storm
water utilities.
Council Member Clark stated he was a member of the Storm Water Utility Board and
discussions were held about educating the public regarding storm water fees and finding
alternate ways to minimize the rates. He stated the City was still in the process of building
its storm water infrastructure and once it reached the maintenance phase the storm water
utility rates would level off.
Council Member Pech stated the City’s storm water utility infrastructure overhaul was in
response to citizens overwhelming complaints regarding major flooding. He stated flooding
was not the only issue regarding the storm water infrastructure and explained that the City
was under a permit from the Department of Natural Resources as mandated by the Federal
Clean Water Act for discharge of storm water to local water bodies to reduce the amount of
pollutants entering lakes and rivers. He stated he felt the City was making an effort to find
alternate ways to minimize the utility rate by holding rain barrel workshops in which
participants would receive a storm water utility credit.
Steve Brand, Superintendent of Utilities, stated he was concerned that the citizens of
Oshkosh were not well informed regarding the waste water and storm water utilities and that
his goal was to complete asset management plans and comprehensive plans for both
utilities. He stated in the process of initiating the plans, public input would be included.
Mr. Rabe stated over the past few years, the efforts the storm water utility had put into
managing the peak flows after major storm events made a positive impact. He stated the
reduction in flooding helped keep the storm water out of the sanitary sewer which prevented
the sanitary sewer system from overloading and causing backups in the basements of
residences.
Council Member Clark stated the City was nearing the total maximum daily load for
municipal discharge into the waterway. He stated slowly increasing the storm water utility
rate was less of a shock to citizens then one large rate increase.
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
Mr. Rohloff stated the City would continue to look for more efficient ways to fund storm water
utility projects such as applying for grants whenever possible in an effort to minimize
increases to the storm water rate. He stated the City had cut back its major storm water
projects from two to one per year.
Resolution 15-537 Approve Settlement with Firstmerit Bank Pertaining to Property Located
at 1118 South Main Street (Former Buckstaff Property)
MOTION: ADOPT (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske, Mayor
Cummings
Council Member Pech asked for an explanation of the resolution.
Mayor Cummings thanked City Attorney Lynn Lorenson for her hard work in the lengthy
litigation process.
Mr. Rohloff stated through the gallant effort of the City Attorney’s Office, the City had
reached a settlement with the former Buckstaff Property. He stated FirstMerit had agreed to
pay $532,634 toward removal of the structures on the property. He explained that the City
would contribute $307,633 of which up to $300,000 was intended to come from a grant. He
stated the City estimated it would pay approximately $290,000 for the former Buckstaff
property which included $52,000 in cash for removal of the structures and other
miscellaneous charges such as removing the slab and unpaid taxes. He acknowledged the
settlement was contingent upon the City receiving the Wisconsin Economic Development
Corporation (WEDC) grant. He stated the buildings would be demolished by March, 2016
and the site cleaned up by September, 2016.
Council Member Clark recognized Tim Franz, Fire Chief, for his contributions to the litigation
process.
Council Member Pech stated he had received a tremendous amount of positive feedback
from citizens since the announcement of the potential settlement on the former Buckstaff
property. He asked for an explanation on why the property taxes were being forgiven.
Ms. Lorenson explained the property tax forgiveness was a condition of the settlement. She
stated the underlying businesses in the litigation case were no longer taking in revenue and
had no assets to pay for property taxes. She added to pursue payment of the property taxes
would force the businesses to file for bankruptcy, which in turn would make the taxes
uncollectible.
Mr. Rohloff stated the City would reimburse Winnebago County for the unpaid property taxes
as they had fronted the money to the City.
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
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A closed session meeting was scheduled for December 14 at 5:30 p.m. for Council to meet
with Mr. Rohloff to discuss his evaluation.
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A Central City Investment Strategy meeting would be held on December 15 at 5:30 p.m.
Council Member Herman stated he would not be able to attend the Central City Investment
Strategy meeting due to a prior commitment.
A workshop on the parking study with Walker Parking Consultants would be held on January
th
26 after the Council Meeting.
A joint meeting with the Oshkosh Area School District was tentatively scheduled February 3,
2016.
CSC
ITIZEN TATEMENTS TO OUNCIL
Tom Pech, Jr. 1275 W. Smith Avenue, stated he was speaking as a private citizen and tax
payer and wanted to know what the City was doing with regard to two issues: 1) tax equity
related to the decision to allow large corporation stores such as Walgreens to change how
their properties were assessed; and 2) legislation being passed which limits local control.
Mayor Cummings stated that he and Council Member Stepanek would attend a session in
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Madison on December 10 to address a proposed bill that would limit the City’s ability to
enact a rental certification and inspection program.
Council Member Panske stated the Council began having regular meetings with local State
Legislators to make them aware of the concerns of the City.
Mr. Rohloff stated City staff was made aware of the proposed bill to eliminate rental
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certification and inspection programs in the State on December 7. He stated the short
notice made it difficult to respond and notice the topic on the agenda.
Council Member Pech suggested the press research whether proposed bills were in the best
interest of the public, or to the legislator who proposed them. He urged citizens to contact
local State Legislators to express their thoughts on what was happening in the City.
Mayor Cummings stated it was important for citizens and the Council to pay attention on
what was happening at the State level as bills were being passed that were in the best
interest of the lobbyists and not the tax payers.
Mr. Rohloff indicated the topic of local control would be placed on the agenda for discussion
at the next Council Meeting.
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PCC–D8,2015
ROCEEDINGS OF THE OMMON OUNCIL ECEMBER
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff reported a professional service agreement was made with Martin Riley, Inc. for
the Transportation Department reconfiguration project and an engineering services
agreement for structural design and construction-related services for various 2016 capital
improvement projects was made with AECOM.
MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION
19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS
THE PERFORMANCE EVALUATION AND COMPENSATION
REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH
THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES
RESPONSIBILITY (Pech; second, Clark)
CARRIED: Ayes (7) Stepanek, Clark, Allison-Aasby, Herman, Pech, Panske,
Mayor Cummings
Mayor Cummings wished the public a happy Holiday Season.
MOTION: ADJOURN (Clark; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 7:07 p.m.
PAMELA R. UBRIG
CITY CLERK
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