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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
F9,2016
EBRUARY
REGULAR MEETING held Tuesday, February 9, 2016, at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Cummings presided.
PRESENT: Council Members Steven Herman, Tom Pech, Jr., Caroline Panske, Benjamin
Stepanek, Kyle Clark, Deb Allison-Aasby, 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 Herman read the Invocation.
The Pledge of Allegiance was led by Talia Sheehan from ALPs Charter School (Advanced
Learning Program) and; Brendan Rohloff from Perry Tipler Middle School.
PH
UBLIC EARINGS
Ordinance 16-44 Approve Zone Change from A-2 General Agricultural Extraterritorial
Zoning to A-1 Light Agricultural Extraterritorial Zoning; Southeast
Corner of 9th Street Road and Clairville Road, Town of Algoma (Joint
Extraterritorial Zoning Committee Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 16-45 Approve Final Resolution for Special Assessments – Contract No
16-03 / Snell Road West Lift Station and Interceptor Sewer
MOTION: ADOPT (Clark; second, Allison-Aasby)
CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
Council Member Herman asked for an explanation of the resolution.
Steve Gohde, Assistant Director of Public Works, explained the resolution was for the
project to reconstruct the existing lift station located on Snell Road. He stated the current lift
station was ninety percent underground and the new lift station would be constructed
entirely above ground and would direct water flow to the west to allow capacity for
development in the Jackson Street corridor, specifically along Logan Drive where the sewer
system was at capacity.
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ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Resolution 16-46 Approve Final Resolution for Special Assessments – Contract No.
16-04 / Paving, Sidewalk, Driveway and Utilities / First Local Street
Concrete Paving Program (Northside Area)
MOTION: ADOPT (Herman; second, Clark)
MOTION: AMEND TO REMOVE SIDEWALK ON WEST SIDE OF MILL STREET
AND INSTALL HANDICAP RAMPS (Pech; second, Clark)
WITHDRAWN
MOTION: LAYOVER UNTIL FEBRUARY 23, 2016 COUNCIL MEETING (Pech;
second, Allison-Aasby)
CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
Scott Engel, 80 Lake Street, President of the Otter Street Fishing Club, spoke in favor of the
resolution.
Mark Radl, 14 Bowen Street, stated he was concerned about how information was relayed
to the Council by the various boards and commissions. He stated he also was concerned
that the project could affect the habitat of the wild life which occupied the area.
Jim Michelson, 1515 Northpoint Street, served on the Advisory Parks Board and the Bicycle
and Pedestrian Advisory Committee. He stated he felt sidewalks were very important on
Bowen Street south of Bay Shore Drive for pedestrians and wheel chair users to access the
Bowen Street fishing pier. He stated he supported the project as it would open up the area
and create better access for the public.
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Jim Larson from Bay Shore Development, 40 W. 6 Avenue, stated he owned the building
located at 626 Bay Shore Drive and was concerned with the new street reconstruction his
tenant would not be able to utilize the loading docks and would also lose parking stalls.
Council Member Panske asked if Mr. Larson had contacted City staff regarding his
concerns.
Mr. Larson answered he attended the initial meeting at the Senior Center and that he had
received drawings via email approximately four weeks ago.
Council Member Panske asked if the City had made changes to the drawings.
Mr. Larson stated parallel parking stalls had been added to the drawings.
Mr. Rabe stated he had spoke with Mr. Larson prior to the Council Meeting regarding
changes that could be made to accommodate the concerns of the site. He stated the design
plans could be altered to eliminate sidewalks on the west side of the street to allow access
to the loading docks.
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ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Jim Pupeter, 904 Brookwood Court, stated he was a tenant at 626 Bay Shore Drive and that
it was already extremely difficult for semi trucks to back into the loading docks. He stated if
sidewalks were placed on both sides of the street semi trucks would not be able to back into
the loading docks.
Council Member Herman asked for clarification of the revisions made to the resolution.
Ms. Lorenson explained the sidewalks on Bowen Street and Mill Street were included in the
special assessment and the revision had been made to the resolution to specifically order in
the sidewalks to those streets.
Council Member Herman stated he had reservations approving the resolution without
addressing the concerns of the sidewalk.
Council Member Panske stated she was uncomfortable approving the resolution until the
issue with the sidewalk was addressed.
Council Member Herman asked if the Council could approve the project without approving
the sidewalk portion.
Steve Gohde acknowledged City staff was comfortable with eliminating the sidewalk on the
west side of Mill Street. He stated the sidewalk on the east side of Mill Street connected
with the sidewalk behind Lakeshore Manor which was the emergency exit for the building;
therefore it was significant that the sidewalk be included. He stated he was confident a
solution could be made regarding the loading docks by the next Council Meeting provided
all parties could attend a meeting.
Mayer Cummings asked if the Bowen Street sidewalk had to be separated from the Mill
Street sidewalk in the resolution if there was an amendment to eliminate the Mill Street
sidewalk.
Mr. Rohloff stated the two sidewalks would not have to separated; if an amendment was
made Council would just need to specify what was being amended.
Council Member Pech proposed an amendment to remove the sidewalk from the west side
of Mill Street.
Council Member Clark asked if the amendment had to further specify the distances and the
location of the sidewalk.
Mr. Rabe stated if Council was striking the entire sidewalk on the west side of Mill Street
from the resolution then the amendment as proposed was adequate.
Mr. Gohde stated handicap ramps would have to be installed on the corner of Mill Street
and Bay Shore Drive.
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ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Mark Radl, 14 Bowen Street, stated he understood from the discussion that semi trucks
would not be able to utilize the loading docks if there were sidewalks on either side of Mill
Street.
Mr. Rabe stated there were design alterations that could be made to accommodate
installing the sidewalk and also allow semi truck access to the loading docks.
Mr. Larson stated a standard street, with sidewalk and landscaping on both sides would not
accommodate the turning radius semi trucks needed to access the loading docks.
Council Member Pech withdrew his motion to amend the resolution and proposed the
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Council layover the resolution until the February 23 Council Meeting with direction that all
parties meet to address the sidewalk issue and come forward with a solution.
Council Member Herman asked if the entire resolution would be laid over.
Ms. Lorenson clarified that Resolution 16-46 would be laid over in its entirety.
Council Member Herman asked if it was appropriate to discuss the concerns of the Traffic
Review Advisory Board regarding the resolution.
Mr. Rohloff indicated as it was not part of the agenda, it would be appropriate to discuss the
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concerns of the Traffic Review Advisory Board at the February 23 Council Meeting.
Resolution 16-47 Adopt Winnebago County Natural Hazards Mitigation Plan: 2015 –
2019 (5 Year Update)
MOTION: ADOPT (Pech; second, Clark)
CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
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 January 26, 2016.
Receipt of Claim filed with the City’s Insurance Company:
A) Patrick Butler for alleged damages to his vehicle from being hit by a squad car
(Universal Avenue)
B) Connie Bartel for alleged damages to her vehicle from a plow truck (Main Street)
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PCC–F9,2016
ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Resolution 16-48 Approve Purchase Pursuant to State of Wisconsin Cooperative
Purchase for 2016 Police Vehicles for Police Department to Ewald’s
Hartford Ford ($199,383.00)
Resolution 16-49 Approve Purchase of 2016 Water Meters and Transmitters for Water
Utility Division to HD Supply Waterworks ($61,315.00)
Resolution 16-50 Award Bid for Public Works Contract No. 16-16 to Vinton Construction
Company for Seniors Center South Parking Lot Improvements
($777,322.12)
Resolution 16-51 Approve Planning Services Fee Schedule for Miscellaneous Land Use
Related Administrative Fees
Resolution 16-52 Approve Agreements with Cumberland Court Master Development, LLC
and The Housing Authority of the City of Oshkosh for Payment in Lieu
of Taxes (PILOT) for Cumberland Court Apartments located at 1000-
1080 and 1130-1240 Cumberland Trail
Gary Gray, 815 W. Linwood Avenue, stated he felt organizations that were exempt from
paying property taxes should pay the City a reasonable sum of money for City provided
services.
Resolution 16-53 Approve Lease Extension with Fraternal Order of Eagles/Spanbauer
Memorial Field Concessions Operations
Resolution 16-54 Approve Agreement with Oshkosh Area Humane Society, Inc., for
Animal Shelter Services 2016 - 2018 ($88,200.00)
Resolution 16-55 Approve Waiver for Cavanaugh’s Carriages to Allow Horses in the City
through December 31, 2016
Resolution 16-56 Approve Waiver through June 30, 2016 of Ordinance 4-5 Required Use
of Alcohol Beverage License for Mc and C Sales LLC (Ruby Owl Tap
Room) 421 North Main Street
Resolution 16-57 Disallowance of Claim by Treasure Miller.
Resolution 16-58 Approve Combination “Class B” License, Agent Change for
Combination Class “B” Fermented Malt License, Special Class “B”
Licenses, Operator and Secondhand Dealer Licenses
MOTION: ADOPT CONSENT AGENDA (Clark; second, Pech)
CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
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PCC–F9,2016
ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-59 Approve Changes to Parking Regulations on West New York Avenue
and Mount Vernon Street
MOTION: ADOPT (Clark; second, Panske)
CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
Ordinance 16-60 Approve Repealing and Recreating Section 2-47 Public Arts and
Beautification Committee
FIRST READING; LAID OVER UNDER THE RULES
Resolution 16-61 Authorize Borrowing from Trust Funds of the State of Wisconsin the
Sum of Seven Hundred Eleven Thousand Three Hundred and 00/100
Dollars ($711,300.00) for the Purposed of Financing Railroad Spur,
Blight Removal and Utility Infrastructure
MOTION: ADOPT (Clark; second, Pech)
CARRIED:Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby,
Mayor Cummings
Council Member Herman asked for an explanation of the resolution.
Allen Davis, Director of Community Development, explained the three projects were related
to community development. He stated a grant application was submitted to the Wisconsin
Department of Transportation for a Transportation Economic Assistance grant to create a
multi-phased transload facility in the Southwest Industrial Park and to assist in the relocation
of the railroad spur on Allerton Drive to the Southwest Industrial Park.
Council Member Herman asked when the railroad spur project would be completed.
Mr. Davis stated the goal was to have the railroad spur project completed in 2016.
Council Member Pech asked if the transload facility could handle containers.
Mr. Davis replied in the second phase of the transload facility, containers were being
considered on the north side of the existing mainline. He stated another project included in
the resolution was the installation of utilities in the right of way for future expansion of the
Southwest Industrial Park. He stated the third project included in the resolution was for
acquisition and demolition of the former Buckstaff Property or other blighted properties in
the South Shore Development Area.
Council Member Herman asked why the City was borrowing through the State Trust Fund
instead of the usual borrowing practice.
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ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Mr. Rohloff explained unlike other City projects, the three projects in the resolution could
benefit private entities, therefore they were ineligible for tax exempt borrowing.
Council Member Panske asked if borrowing from the State Trust Fund affected the City’s
rating with Moody’s.
Mr. Rohloff explained State Trust Fund borrowing was included in the City’s 11.4 million
dollar cap on borrowing and would be reported to Moody’s.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Council Member Clark explained how bill AB600 would benefit the City as it pertained to
storm water practices.
Mr. Rabe stated the City was currently in the planning stages of a project that would
significantly benefit from bill AB600.
Council Member Herman stated he supported bill AB600 and asked if there would be a
future resolution in which the Council would be asked to officially support the League of
Municipalities position on bill AB600.
Mr. Rohloff stated City staff had been aware of bill AB600 since January and were already
actively supporting the bill.
Council Member Clark stated it was important for municipalities facing the same issues to
work together.
Mr. Rabe stated the League of Municipalities was instrumental in crafting the language of
bill AB600 to support the needs of local municipalities.
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Council Member Clark reported there would be a meeting held on February 16 to seek
public input and discuss diversity in the City of Oshkosh to gather information for the
possibility of hiring a Diversity Coordinator.
Mr. Rohloff stated he was in the process of surveying other municipalities that had Diversity
Coordinators to develop an overview of the scope of work responsibilities the position would
entail.
Mr. Stepanek asked if the meeting date could be changed as he and Council Member
Panske were working the polls for the Spring Primary Election.
Council Member Pech stated due to planning issues he preferred to keep the date of
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February 16 for the diversity discussion.
Council Member Panske asked if the meeting would be televised or videotaped for later
viewing.
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PCC–F9,2016
ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
Council Member Pech stated he would look into whether the meeting could be televised.
Ms. Ubrig stated voter turnout was expected to be low for the election and if need be,
Council Members Panske and Stepanek could be released early from their poll working
duties in order to attend the diversity meeting.
Council Member Allison-Aasby asked the Council if there were specific projects they would
like the Long Range Finance Committee to work on.
Council Member Pech stated Council Members were given a list of project topics that the
Long Range Finance Committee put together and asked them to prioritize the topics or
suggest other projects they would like from the Long Range Finance Committee.
Council Member Stepanek stated he was working with the Oshkosh Area School District
Budget Reconciliation Team to develop an alternate plan in case the referendum failed in
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the upcoming April 5 Election. He stated in his opinion the “Plan B” was not a good
alternative for the Oshkosh Area School District and asked the Council to consider a
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resolution supporting the Oshkosh Area School District Referendum on the April 5 ballot.
Mayor Cummings stated he was in favor of a resolution to support the referendum.
Council Member Pech stated while he supported a strong education system, he was
uncomfortable weighing in on another entity’s taxing jurisdiction.
Council Member Panske stated the purpose of a referendum was to place the decision in
the hands of the voters, not the Common Council.
Council Member Clark stated as a private citizen he supported the referendum, however
education was not the responsibility of the Oshkosh Common Council.
Council Member Herman stated he supported the Oshkosh public and private schools and
felt it would not be in the best interest of the Council to consider a resolution on the
referendum.
CSC
ITIZEN TATEMENTS TO OUNCIL
Gary Gray, 815 W. Linwood Avenue, stated he felt the Long Range Finance Committee
should use the same process the Council adopted for the Capital Improvement Projects.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff explained the replacement of water mains and construction work of Maricopa
Drive from Covington Drive to approximately 350 feet northwest of Dickinson Avenue and
Dickinson Avenue would be deferred until 2017 and that it would be considered a street
reconstruction project. He stated during the next month information would be gathered on
the used tactical response rescue vehicle from Winnebago County and given to the Council
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ROCEEDINGS OF THE OMMON OUNCIL EBRUARY
to decide whether or not the City should purchase the vehicle. He asked the Council to
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consider the week of July 12 for scheduling the strategic planning retreat.
Council Member Herman asked for an update on the compensation study.
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Mr. Rohloff stated the Council would receive the compensation study on March 1and take
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action on the study at the March 22 meeting.
MOTION: ADJOURN (Clark; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 7:35 p.m.
PAMELA R. UBRIG
CITY CLERK
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