HomeMy WebLinkAbout04. Common Council MinutesPCC
ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
M10,2016
AY
REGULAR MEETING held Tuesday, May 10, 2016, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, Steven
Herman, Deb Allison-Aasby, 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 Nora Flanigan and Brynn McCartney from Merrill
Elementary School, and Paige Wilson and Emily Leverance from Merrill Middle School.
P
UBLIC HEARING
Resolution 16-221 Approve Final Resolution for Special Assessments for Storm Sewer
Laterals / Various Locations
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-222 Approve Final Resolution Vacating Portion of Northwestern Avenue
East of Madison Street (Plan Commission Recommends Approval)
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
CSC
ITIZEN TATEMENTS TO OUNCIL
Gary Gray, 815 W. Linwood Avenue, stated that the Council previously approved a policy
of recognizing neighborhood associations, the Agenda had two neighborhood issues being
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addressed. He recommended a proclamation to recognize all neighborhoods in the City
because they are important to the City’s overall well-being. He stated this would not cost
much money but would show a commitment by the Council.
Steve Barney, 1335 Summit Avenue, stated he was looking for the meeting minutes from the
Long Range Finance Committee on the City’s website, but he was only able to find meeting
agendas. Whereas other committees have both an agenda and meeting minutes.
Council Member Pech stated the Long Range Finance Committee was working with the IT
Department to get the meeting minutes onto the website. Upcoming Committee meeting
minutes were expected to be on the website, and historical meeting minutes will be on the
website as time permits. He then stated it was the intent to have all of the minutes for the
different Commissions and Boards on the City’s website.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt of Claim filed with the City’s Insurance Company
A)Phoenix Loss Control on behalf of Time Warner Cable for alleged damages to
underground cable at Bernheim Street & Montclair Place
Resolution 16-223 Approve Healthy Neighborhood Initiative Funding through TID #7
Gary Gray, 815 W. Linwood Street, questioned when the Council would discuss the impact
of closing the TIF, and what would be done with any residual funds.
Council Member Allison-Aasby stated that the topic was addressed in last year’s budget
cycle, and she anticipated the topic to be revisited with this year’s budget.
Council Member Pech stated the topic was also discussed at the prior week’s Long Range
Finance Committee meeting.
Council Member Herman asked why this was extended for a year, and what was happening
with the funds.
Allen Davis, Director of Community Development, stated TID #7 had performed very well,
and the State had given the City the option to extend TID’s for one year with the purpose of
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supporting healthy neighborhood initiatives. He explained this was with other TIFs in the
past, and residual funds were used for GO EDC.
Resolution 16-224 Approve Land Disposition of South Portions of Vacated Northwestern
Avenue to YMCA (Plan Commission Recommends Approval)
Resolution 16-225 Award Partial Bid to Michel’s Foundations Alt 2, Work Unit C; Bulk
Head Wall West of Oregon Street ($1,413,200.00)
Resolution 16-226 Authorize Submittal of Department of Natural Resources Stewardship
Grant Application for Riverwalk Improvements on Morgan District
Property, Adjacent to Oregon Street Bridge (Jeldwen West of Oregon)
The Council discussed Resolutions 16-225 and 16-226 together.
Council Member Pech asked where the funding for Resolution 16-225 would be coming
from, and for an explanation of Resolution 16-226.
Allen Davis, Director of Community Development, stated that the City received a grant last
year for the Riverwalk, east of Oregon Street, and that the work came in under budget.
Because of that the City requested from the State, and were given permission from the
DNR, to use some of the grant money to improve the Riverwalk on the west side of Oregon
Street. He explained currently only the sheetpile had been paid for with the residual funds,
so a new grant application was being submitted to finish the Riverwalk on the west side of
Oregon Street.
Council Member Pech stated that the State was kind to the City for this project.
Mr. Davis stated that the State had been generous, and had assisted with projects and
economic development.
Resolution 16-227 Award Bid to Jefferson Fire & Safety Inc. for three (3) Ambulances for
Fire Department ($583,350.00)
Council Member Herman asked for an explanation regarding the fact that traditionally the
City had taken the lowest bid; however, the lowest bid did not meet the necessary
requirements.
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Tim Franz, Fire Chief, stated that specs were developed through a committee to set
requirements and features necessary for the ambulances. He explained bidders were given
an opportunity to make equivalent substitutions where appropriate. He stated the lowest
bid did not meet some of the critical components for the ambulances.
Chuck Hable, Fire Battalion Chief, stated the lowest bid did not meet the necessary
requirements for: lifetime structural warranty, grab rails, heating and ventilation, and
exhaust ventilation. The difference to the next bidder was about $9,000.00, and the Fire
Department felt that the bid that meet the requirements would allow the Fire Department to
keep the ambulance active for approximately 10 years, then use the ambulance as a
secondary or reserve ambulance. He explained in the future the Fire Department may look
at modular boxes so only the chassis would need to be replaced.
Council Member Pech applauded the Fire Department for being frugal, not cheap, when
looking at the ambulance bids.
Resolution 16-228 Approve Contract with Wisconsin Department of Agriculture, Trade &
Consumer Protection (DATCP) for Petroleum Tank Inspections
Resolution 16-229 Partial Allowance of Claim / Refund of Property Taxes for 2014 / Partial
Rescission of Property Taxes / Oshkosh Door Company for Property
Located at 2501 Universal Street
Resolution 16-230 Approve Releasing Public Utility Easements at 1000 Cumberland Trail
(Plan Commission Recommends Approval)
Resolution 16-231 Approve Granting Utility Easements & Release Storm Sewer Easement;
400 Block Marion Road (Plan Commission Recommends Approval)
Resolution 16-232 Approve Conditional Use Permit / Planned Development for a
Community Garden; East Side of the 600 Block of Grove Street (Plan
Commission Recommends Approval)
Council Member Palmeri asked if there was a maintenance agreement.
Allen Davis, Director of Community Development, stated the City was working with the
Neighborhood Association on the project.
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Ben Krumenaur, 650 Grove Street, stated that on behalf of the Neighborhood Association
they were committed to maintaining the full length of the property.
Resolution 16-233 Approve Submitting Municipal Flood Control Grant Program
Application
Resolution 16-234 Approve Amended Special Event – The Alzheimer’s Association of
Greater Wisconsin / Utilize UWO Oshkosh Kolf Center & City streets
for their Alzheimer’s Association Walk to End Alzheimer’s / September
18, 2016
Resolution 16-235 Approve Special Event - Fishing for Freedom / Utilize Rainbow Park
for their Fishing for Freedom event / May 21, 2016
Resolution 16-236 Approve Appointments for the following Boards & Commissions:
Bicycle & Pedestrian Advisory Committee
Committee on Aging
Convention & Visitors Bureau
Long Range Finance Committee
Grand Opera House Board
Housing Authority,
Landmarks Commission
Parking Utility Commission
Parks Advisory Board
Plan Commission
Police & Fire Commission,
Redevelopment Authority
Sustainability Advisory Board
Traffic Review Advisory Board
Transit Advisory Board
Resolution 16-237 Approve Special Class “B” Licenses, Transfers of Combination “Class
B” License, Class “A” Fermented Malt License, Agent Change
Combination “Class B” License, Class “B” Fermented Malt License &
“Class C” Wine Licenses, Operator Licenses & Taxi-Cab Driver
Licenses
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MOTION: ADOPT CONSENT AGENDA (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-238 Amend, Repeal & Recreate Various Sections of the Municipal Code
Pertaining to Weights & Measures Chapter 29
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Ordinance 16-239 Designate Yield Right of Way Intersection at Wellington Avenue &
Mockingbird Way
MOTION: ADOPT (Panske; second, Stepanek)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Council Member Herman stated the Traffic Review Committee approved this request, and
by the Neighborhood Association in that area. He explained the City was working with the
Neighborhood Associations to meet their requests for action.
Ordinance 16-240 Approve Detachment of Territory; Zillges (Plan Commission
Recommends Denial; Staff Recommends Waiving Rules for Second
Reading & Recommends Denial Following First Reading)
MOTION: SUSPEND RULES (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (0)
Noes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Jim Erdman, 2492 Hickory Lane, Chair of the Town of Oshkosh Board. He stated the
petitioner went to the Town of Oshkosh Board to request a detachment of the property from
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the City of Oshkosh to the Town of Oshkosh. At the Town meeting on May 9, 2016, the
request was unanimously approved by the Town’s Board. (Mr. Erdman presented a copy of
the Town’s Resolution to the City Clerk.) He stated the City surrounds the entire area,
except the Fountain Tavern and a piece of homestead property, which was still a part of the
Town of Oshkosh. He explained the history of how the City came to develop the land, and
that there was not a formal property agreement between the City and the Town for this
section of land. He stated the property owner was misled into believing that the property
would not be assessed when the street project came in. He stated the property does not
need City services or water, and the Sheriff’s Department patrols the area. The property
owner, which was a landscaping business, wished to detach and return to the Town. He
stated that the property owner would continue to pay the same school taxes, whether they
were in the City or the Town. Given the amount that the property owner would have to
pay for the assessment there was a chance that the business would be lost. He then stated
detaching the property from the City would not impact the City’s development to the north
or west.
Tom Zillges, 3815 Shorebird Court, stated he currently pays $42,000.00 per year in taxes for
storm water runoff, and would pay $60,000.00 in taxes next year for the street improvement.
He stated since his property became part of the City, he had paid in excess of $800,000.00.
He explained the competing landscape businesses in the Town of Oshkosh pay less than
$4,000.00 in taxes, and he was not able to continue to pay a considerable tax amount while
remaining competitive in the market.
Council Member Herman stated he was appreciative of Mr. Zillges addressing his concerns,
and for annexing his property to the City. He then asked if the reason for requesting the
detachment was because of the upcoming assessment.
Mr. Zillges stated the request to detach from the City was due to the high taxes he had paid,
and he wanted to remain competitive in the market.
Council Member Pech stated he had similar concerns as Council Member Herman, due to
the property had been annexed for 25 years.
Council Member Panske asked for clarification of what would happen to the street project if
the property was detached.
Mr. Rabe stated the project would move forward, but the costs that would be assessed
would have to be absorbed.
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Council Member Panske asked if the Town would financially contribute to the project.
Mr. Erdman stated the Town would not assess for road work, it may be something that
could be done in the future if there was intense development, but the Town did not do
projects with intense sewer and water services.
Council Member Pech asked about the effects of detachment of the territory.
Allen Davis, Director of Community Development, stated the detachment proposal would
make planning for services and improvements more difficult; there would be a large parcel
of land that would not be coordinated because it was in the Town of Oshkosh.
Mayor Cummings stated he was on the Plan Commission, and the consensus was that the
detachment would be poor planning.
Council Member Allison-Aasby asked how long the improvements had been a part of the
comprehensive plan.
Mr. Rabe stated the improvements had been in the comprehensive plans for at least five to
six years to assist with sanitary sewer issues.
Mr. Rohloff, stated as the planning progressed the staff realized there needed to be
coordination with the sanitary sewer, and storm water issues in the area. He explained
there would be no assessment for the sanitary sewer, only the street.
Council Member Herman asked about the assessment for the mobile home park.
Mr. Rabe stated the assessment was based on front footage of larger parcel, and was
calculated in accordance with the assessment rate. He explained the park was assessed as a
whole, then the owners determine how to divide the cost among the park residents.
Council Member Herman asked if others were being assessed for the project, not just Mr.
Zillges’ property.
Mr. Rabe confirmed others were being assessed.
Council Member Palmeri questioned when Mr. Zillges was notified of this project.
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Mr. Rabe stated notices were sent in fall 2015.
Council Member Herman asked if there was a public hearing.
Mr. Rohloff stated CIP (Capital Improvement Program) and special assessment hearings
were held.
Mr. Zillges stated the sanitary sewer was in excess of 30 feet deep, if there was any road
settling the Public Works Department informed him would be proration.
Mr. Rohloff stated asphalt was being used for the street, which was guaranteed for 15 years,
although it may actually last longer.
Mr. Zillges asked if the street would be guaranteed for 25 years.
Mr. Rohloff reiterated the guarantee was for 15 years.
Council Member Allison-Aasby stated the Council discusses economic development, and
this business had contributed to the City’s economic development. The motivation for the
detachment request seemed to be about the assessment more than anything. She explained
that considering this request to detatch would result in poor planning. She stated she
would vote against the detachment, but wanted Mr. Zillges to understand the Council did
consider his request.
Resolution 16-241 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-242 Approve Weights & Measures Fee Schedule
MOTION: ADOPT (Allison-Aasby; second, Palmeri)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Resolution 16-243 Support Wisconsin Department of Transportation’s Application for
Section 5339(b) Federal Grant Program Funding for Bus Replacements
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MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske,
Mayor Cummings
Mayor Cummings asked for an explanation of the resolution.
Jim Collins, Director of Transportation, explained this supported the application for a
competitive grant for bus replacement, about $266 million available nationwide, and the WI
DOT was putting forth the application. He informed the Council that the bus fleet currently
was ten, 2003 busses, which were beyond their useful life, so this would be an opportunity
to receive funding for replacement busses. He stated the Council’s support would be
helpful when the grant application was submitted.
Council Member Palmeri questioned if the replacement busses would be diesel.
Mr. Collins confirmed that the busses would be diesel.
Council Member Pech stated that the grant would bring federal tax dollars back to the City.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Mr. Rohloff reminded Council of the Strategic Planning Workshop scheduled July 14 8:00
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a.m. – 4:30 p.m. at the Convention Center.
Council Member Herman asked for an update on the TIFs, how many were remaining, and
the future interests.
Mr. Rohloff stated the audit was just closing out, and that information would be provided
to the Council.
Council Member Palmeri asked if the report would include the number of jobs tied to each
TIF.
Mr. Rohloff stated the number of jobs tied to each TIF was not easily answered, but those
numbers would be obtained and provided to the Council.
Council Member Pech stated job creating and job retention should be considered.
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Mayor Cummings stated Rental Housing Program Workshop on May 24 after the Council
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Meeting would be approximately an hour and a half.
Mr. Rohloff stated a packet of information would be provided to the Council containing the
draft ordinance, and information regarding what other municipalities are were doing.
Mayor Cummings stated the packet of information was accumulated from numerous
meetings with staff, UW Oshkosh, and community stakeholders. The delay was due to
waiting for impact of state legislation.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Council Member Pech stated a rain barrel workshop would be held at the Masonic Temple,
there was an opportunity to build your own rain barrel, and community members may
receive credit for stormwater.
Mr. Rabe confirmed that community members may receive credit.
Council Member Herman stated there would be a meeting for the public to provide
information pertaining to the bike lanes on Irving Avenue on May 23, 2016 at 5:00 p.m. in
room 404 at City Hall.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff announced the recognition of the Historic Jackson Drive Neighborhood
Association. He stated if a neighborhood group had interest in becoming a neighborhood
association they should contact the City Planning Staff.
Mr. Rohloff started AECOM Technical Services, Inc had been hired to perform
environmental investigation for the Marion Road Water Tower Site. He also stated that
AECOM had been hired to provide maintenance and support to the landfills within the
City.
Mr. Rohloff stated the results of the Citizen Survey had been provided. He explained this
was completed by masters students at UW – Oshkosh. He covered the highlights that
included quality of life, quality of services, and highest quality recycling, signage, and
refuse. He stated some of the lower ranked areas may be ranked that way because of lack of
responses by citizens in those areas. The gap analysis shows the gap between the
importance of the services and the quality of the services. He then stated the areas where
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there was a large gap may be an indication of lack of citizen responses to those particular
areas.
Council Member Pech stated the lack of responses indicated the importance of getting the
City’s message into the community, and informing the community of the economic
development and revitalization.
Mr. Rohloff explained that economic development ranked high and low. He stated the
survey questions related to the comprehensive plan; one question in particular, “does the
City do enough to keep and attract young professionals,” needed to be a priority, but a solid
middle ground answer was received, which means the City had work to do. He
encouraged the Council to read the study, as it provides a good representation and
information from the community.
Council Member Palmeri asked about the small minority representation in the survey, and
how this was being addressed in the future.
Mr. Rohloff stated that issue needed to be addressed, and that had been increasingly
pointed out by the students.
Mayor Cummings stated the demographics of the community had not changed in the
history of the survey.
Council Member Pech stated the survey was available on the City’s website under the, “Hot
Topics,” link.
MOTION: ADJOURN (Allison-Aasby; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 7:33 p.m.
PAMELA R. UBRIG
CITY CLERK
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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
M24,2016
AY
REGULAR MEETING held Tuesday, May 24, 2016, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, Steven
Herman, Deb Allison-Aasby, 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 Pech read the Invocation.
The Pledge of Allegiance was led by Farhana Amin and Cooper Snell from Lakeside
Elementary School; and Faysal Amin and Colby Snell from South Park Middle School
INTRODUCTION OF CITY STAFF
Mr. Rohloff introduced Jake Timm, Operations Coordinator for Oshkosh Media.
PRESENTATIONS
Bill Wyman, 1373 Waugoo Avenue, and Reni Lynch, 1265 Huron Court, Board Members for
Greater Oshkosh Healthy Neighborhoods Incorporated (GO-HNI), made a presentation
about GO-HNI. He stated what is now GO-HNI had previously been a part of
Neighborworks Badgerland, which was based out of Kenosha and Racine. He explained
now that GO-HNI was its own entity the organization was solely concentrating on the City
of Oshkosh. GO-HNI is focused on; working with neighborhoods to develop and work
with neighborhood associations; to purchase deteriorating property, redevelop it, and then
sell the property; and in the future purchase rental properties. He stated within the last few
years GO-HNI had purchased properties from the City, redeveloped the properties, and
then sold the properties for a profit. He stated GO-HNI’s funding would be one-third from
the government and two-thirds from private funding, creating a public / private
partnership. He explained fundraising efforts would be concentrated on two areas,
operations, and home redevelopment. He stated currently the fundraising goal was
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$200,000.00, for redeveloping properties. He explained GO-HNI’s business plan included
assisting the 12 current neighborhood associations to grow and thrive, creating and
developing six more neighborhood associations, community development, and
redeveloping properties. He stated their long term plan was to manage rental units within
the community. He then stated GO-HNI’s application was classified as a 501(c)3, non-
profit, and they were awaiting final approval.
Council Member Palmeri asked how GO-HNI will manage the issue of transparency, and
making that information available to the public.
Mr. Wyman stated GO-HNI was primarily private funded, so open meetings laws did not
apply; however, they do want to be somewhat transparent. He explained GO-HNI would
want to keep some business dealings private would be for property acquisition.
Council Member Palmeri asked for clarification regarding asset management, specifically,
the $200,000.00, fundraising goal, and whether those funds were related to the acquisition of
property.
Mr. Wyman stated the $200,000.00, was meant to be raised relating to the acquisition of
property.
Council Member Palmeri asked how the neighborhood associations would meet the
requirements of the City’s recognition policy.
Mr. Wyman stated on the neighborhood association forms there were certain requirements
that the City had for that association to meet. He explained once an association had been
approved there were options the City could offer in terms of grants.
Council Member Palmeri asked if the neighborhood association’s approval would be done
by City staff or GO-HNI.
Mr. Wyman stated quarterly reports would be provided to the Council showing this type of
information.
Council Member Palmeri asked if geographical target areas had been determined yet.
Mr. Wyman stated geographical target areas had not been determined. GO-HNI was
focused on issues in the City at this time, and there was an opportunity to move into the
greater Oshkosh area in the future.
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Council Member Palmeri asked if there would be a report to measure the success of their
programs.
Ms. Lynch confirmed GO-HNI would be tracking the measurability of the success of the
GO-HNI programs.
CSC
ITIZEN TATEMENTS TO OUNCIL
Todd Schelfhout, 3784 Oregon Street, stated he was a resident of Black Wolf, and he lived
across from Generac Power Systems, Inc. He stated starting in October of 2015, he had been
woken up throughout the night by noise from Generac, and within the last week a constant
buzzing noise had been coming from that business. He was informed that a barrier was
going to be put up in June; however, that may not reduce the sound. He encouraged the
City and Generac to discuss a feasible resolution to the constant noise issue.
Kathleen McMann, 614 W. 6 Avenue, stated the Nickle Bar, located at 1413 Ohio Street,
th
was located in her neighborhood. She explained throughout the past few years bar bands
perform May through October on Thursday, Saturday, and Sunday from 4 p.m. to 10 p.m.,
or later. She had asked the police department to check the noise level, which had been
done; however, the volume is just within the allowed limits of the noise ordinance. She
wanted to voice her concern to the Council regarding this matter, because she had been told
there was nothing that could be done regarding the noise level.
Mr. Rohloff stated he would talk with Police Chief Smith regarding Ms. McMann’s concerns
and have someone get back to her.
Council Member Panske encouraged Ms. McMann to talk with the owners of the Nickle Bar.
Dean Smith, Police Chief, stated the police department would look into the problem, and
would try to work with the parties to get an agreeable solution for everyone.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Receipt & Filing of Museum Board Minutes from April 7, 2016
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Receipt of Claim filed with City’s Insurance Company
A) Christopher Lipke for alleged sewer backup on Portside Court
Resolution 16-244 Approve Spot Blight Designation; Authorize Redevelopment Authority
to Accept Donation of Property at 458 West 6 Avenue (RDA
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Recommends Approval)
Resolution 16-245 Approve Amendment to Professional Service Agreement with AECOM
for Riverwalk Extension West of Oregon Street ($113,000.00)
Resolution 16-246 Approve Conditional Use Permit & Planned Development for a
Limited Venue Festival Site; Southwest Corner of Ripple Road & South
Washburn Street (Plan Commission Recommends Approval)
Resolution 16-247 Approve Sidewalk, Traffic Signal & Conduit Easements; Oshkosh
Avenue & North Westfield Street (Plan Commission Recommends
Approval)
Resolution 16-248 Approve Sidewalk, Access, & Facilities Easements; Arboretum Drive,
Congress Avenue & Summit Avenue (Plan Commission Recommends
Approval)
Resolution 16-249 Award Bid to Oshkosh Industrial Roofing & Sheet Metal for Riverside
Cemetery Office Roof Replacement for Cemetery Division ($54,126.00)
Resolution 16-250 Award Bid to Bezio Animal Control for Three Year Agreement (2016-
2018) Nuisance Animal Trapping for Storm Water Utility (estimated
$21,400.00)
Resolution 16-251 Award Bid to Stepp Equipment Co. for two (2) 31 cubic yard
compaction side loading body & chassis units for Recycling Division
($416,190.00)
Resolution 16-252 Award Bid to HD Supply Waterworks for 2016 Water Materials & Brass
Goods for Water Utility Division (estimated $90,700.26)
Resolution 16-253 Award Bid for Public Works Contract No. 16-20 to Wood Sewer &
Excavating, Inc. for Storm Sewer Laterals / Various Locations
($213,804.00)
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Resolution 16-254 Approve Engineering Services Agreement with CH2M Hill Engineers,
Inc. for Water Filtration Plant Electrical Study ($86,800.00)
Resolution 16-255 Approve Amendment to Engineering Services Agreement with Brown
& Caldwell for Development of a Storm Water Management Plan for
the Fernau Avenue Area Watershed ($30,662.00)
Resolution 16-256 Approve Amendment to Engineering Services Agreement with Brown
& Caldwell for Design & Bid Support for the Fernau Avenue
Watershed ($13,206.00)
Resolution 16-257 Approve Resolution Determining to Issue $7,950,0000.00 Aggregate
Principal Amount of General Obligation Corporate Purpose Bonds,
Series 2016A, of the City of Oshkosh, Winnebago County, Wisconsin, in
such amount, providing details, prescribing the form of bond,
awarding the bonds to the best bidder & levying taxes
Resolution 16-258 Approve Resolution Determining to Issue $4,700,000.00 Aggregate
Principal Amount of General Obligation Promissory Notes, Series
2016B, of the City of Oshkosh, Winnebago County, Wisconsin, in such
amount, providing details, prescribing the form of note, awarding the
notes to the best bidder & levying taxes.
The Council discussed Resolutions 16-257 & 16-258 together.
Council Member Pech asked for an explanation of the revision in the amounts borrowed.
Trena Larson, Director of Finance, stated both General Obligation bonds and notes were
sold at market on May 24, 2016.
Todd Taves, Ehlers, stated a full report was provided prior to the Council meeting. He
explained Series 2016A bonds were sold at a 2.41% interest rate. He stated different factors
resulted in the lower bond amount, the City’s proceeds amount was reduced by $100,000.00,
due to a capital project not going forward, and most of the balance of savings was due to
the bid premium and lower cost of issuance; about $450,000.00 less than estimated. He
explained the City would also realize savings from refunding of promissory notes at a 1.7%
interest rate. He stated this was reduced due to $50,000.00 no longer being needed, and the
balance of reduction was due to bond premium and lower issuance costs.
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Council Member Panske asked if the investor ratings fee was applied to every bond
issuance.
Mr. Taves stated this fee was paid every time the City goes to market.
Mr. Rohloff stated the fee was usually based on the size of issuance, there were some
savings on the fee due to lower issuance.
Mr. Taves stated the fee was more than earned back over issuing as a non-rated bond, and
there was a benefit in market receptivity to the issue.
Resolution 16-259 Approve Special Event – Life Promotions to utilize Sunnyview Expo
Center for their Lifest event / July 7 - 10, 2016
Resolution 16-260 Approve Special Event – Friends of the Oshkosh Seniors Center (FOSC)
to utilize South Park for their Food Truck Friday event / August 5, 2016
Resolution 16-261 Approve Special Event – Bear Creek Foods LLC DBA Greater
Wisconsin Outdoor & Sportmans Festival to utilize Sunnyview Expo
Center for their Greater Wisconsin Outdoor & Sportsman Festival /
August 12-14, 2016
Resolution 16-262 Approve Special Event – Color Vibe 5K to utilize Experimental Aircraft
Association (EAA) grounds for their Color Vibe 5K / August 20, 2016
Resolution 16-263 Approve Special Event – Oshkosh Senior Softball to utilize Reetz
Diamonds at Menominee Park for their Badger Senior Classic Senior
Softball Tournament / September 8 – 11, 2016
Resolution 16-264 Approve Special Event – ReTh!nk Addiction Run to utilize Solutions
Recovery Inc., Menominee Park & City streets for their ReTh!nk
Addiction Run / September 10, 2016
Resolution 16-265 Approve Special Event – Josh Bryant to utilize South Park for the
Stellmacher Bryant Wedding / September 17, 2016
Resolution 16-266 Approve Block Party Request – Teri Weyenberg to utilize W. Bent
Avenue for their neighborhood block party / July 9, 2016
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Resolution 16-267 Approve Block Party Request – Susan Ames to utilize Walnut Street for
their neighborhood block party / August 13, 2016
Resolution 16-268 Approve Appointments for the following Boards & Commissions:
Advisory Park Board
Bicycle & Pedestrian Advisory Committee
Bid Board
Board of Appeals
Board of Review
Committee on Aging,
Extraterritorial Zoning Committee
Grand Opera House Advisory Board
Landmarks Commission
Library Board
Long Range Finance Committee
Museum Board
Parking Utility Commission
Plan Commission
Police & Fire Commission
Redevelopment Authority
Storm Water Utility Board
Sustainability Advisory Board
Traffic Review Advisory Board
Transit Advisory Board
Gary Gray, 815 W. Linwood Avenue, stated he was not reappointed to the Plan
Commission. He explained he participated in, and attended all the meetings, he did not
understand why he was not reappointed, when other members were.
Mayor Cummings stated he was not recommended for reappointment.
Resolution 16-269 Approve Special Class “B” Licenses & Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, and
Mayor Cummings
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ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-270 Approve Closure of Oshkosh Avenue at North Westfield Street
FIRST READING; LAIDOVER UNDER THE RULES
Resolution 16-271 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, and
Mayor Cummings
Resolution 16-272 Approve Investment Policy (Long Range Finance Committee
Recommends Approval)
MOTION: ADOPT (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, and
Mayor Cummings
Council Member Pech stated the Long Range Finance Committee had developed a policy
related to the investments that the City puts idle cash into. He explained there has been
some recent questions about where the City can invest. He stated the City cannot invest in
stocks or mutual funds, per state statute. He explained the City can invest in things that
were AA rated, or better. He also stated the policy was important to the City’s bond rating.
Council Member Panske stated the policy would be reviewed at least every three years, or
more frequently, as needed.
Resolution 16-273 Approve Agreement with Greater Oshkosh Healthy Neighborhoods
Incorporated (GO-HNI)
MOTION: ADOPT (Herman; second, Stepanek)
CARRIED: Ayes (7) Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby,
Panske, and Mayor Cummings
Gary Gray, 815 W. Linwood Avenue, stated neighborhood improvements were positive for
the whole community; however, the agreement was not clearly laid out. He stated the
scope of the agreement is broad, there were some potential conflicts that are tasked to the
organizations, and this organization was being put between staff and the community. He
stated the agreement needs clarification between public and private funds, and the
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ROCEEDINGS OF THE OMMON OUNCIL AY
agreement did not have a specific statement of financial accountability. He stated there are
currently 12 neighborhood associations, with 6 additional associations planned at the rate of
one per year, the organization should consider adjusting the action plan to adding more
than one neighborhood association per year. He explained the agreement stated six
residential units would be redeveloped within two-and-a-half years, which appeared to be a
low rate of redevelopment. He explained the agreement was unclear in regards to a
neighborhood recognition policy. He stated one portion of the agreement states the
recognition policy would not change, and another part of the agreement stated the policy
may be changed. He then stated the agreement needed to clarify what was and was not,
confidential.
Allen Davis, Director of Community Development, stated when city funds were involved
the organization would be required to make public whatever information the city would
have to make public.
Council Member Pech stated confidential issues could still be shielded from public record as
appropriate under the public records law.
Mr. Davis stated the goals for the production of units, and the plans to redevelop units, was
realistic. He explained the redevelopment was contingent on fundraising, and because of
that the organization did not want to over promise.
Bill Wyman, GO-HNI Board Member, explained the organization currently had one
employee, and several volunteers, so a higher production of units would be difficult. He
stated the organization had expectations, but strict goals at this point were not realistic.
Council Member Pech stated any funds contributed by the City will be accounted for.
Council Member Palmeri asked for clarification regarding the neighborhood association
recognition policy and possible changes to the policy.
Council Member Herman stated currently neighborhood associations form on their own,
and then come to the City. Therefore, no changes will be made as to how neighborhood
associations were recognized at this point.
Mr. Wyman stated neighborhood associations must meet a certain criteria, and GO-HNI
considers itself to be responsive to the neighborhood associations.
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ROCEEDINGS OF THE OMMON OUNCIL AY
Council Member Palmeri asked if GO-HNI would be able to revoke the recognition of a
neighborhood association, and if so, would there be an appeal process.
Darryn Burich, Planning Services Manager, stated the recognition policy recognizes a
neighborhood association when certain criteria was meet, when that criteria was met the
neighborhood association was then able to receive certain city funds. He explained the
intent was that if a neighborhood association was not meeting the criteria set forth in the
policy, the City would make the decision based upon a report from GO-HNI stating the
neighborhood association was not meeting the requirements, which could result in funding
from the City to be withheld.
Mr. Rohloff stated a likely concern was if there was splintering of a neighborhood
association, and how would the Council resolve that issue. He stated the concern could be
looked at further, but that he still recommended the Council approve the resolution.
Mr. Davis stated a process to unrecognize a neighborhood association could be drafted, as
there was not a process for this.
Council Member Herman asked for an explanation of the asset management portion of the
agreement.
Mr. Davis stated the right properties and the right locations needed to be determined for
owner occupancy and rentals.
Council Member Herman asked if adjustments to the agreement could be made as GO-HNI
moves forward.
Mr. Davis stated with the reporting that would be done adjustments can be made moving
forward.
Council Member Palmeri stated more local control provided more opportunity, which was
a lesson learned from working with Neighborworks.
Council Member Allison-Aasby stated establishing more local control was a good thing,
and the agreement provided a good working foundation to grow on.
Mayor Cummings stated the agreement would change as GO-HNI moved forward.
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Council Member Pech stated one of the key elements was the leveraging of public and
private monies. He explained this agreement built on public and private partnerships that
invested in the community.
Resolution 16-274 Approve Intergovernmental Agreement with City of Neenah to
Undertake a Wetland Bank Study
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, and
Mayor Cummings
Allen Davis, Director of Community Development, stated when wetlands played a role in a
project, it could delay the project, or make it more expensive. He explained the study looks
at ways to avoid and minimize the wetlands impact. The City of Neenah was in the same
watershed, and experiencing the same issues as the City of Oshkosh. He stated the
expectation was to return to the Council with approximately 80 acres to be purchased, and
create a wetland. He explained this would accelerate project timelines, and reduce project
costs.
Resolution 16-275 Accept WEDC Grant & Apply CDBG (Community Development Block
Grant) Funds to the Balance of Project Costs for Property Located at
1118 South Main Street (Former Buckstaff Property)
MOTION: ADOPT (Pech; second, Palmeri)
CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, and
Mayor Cummings
Gary Gray, 815 W. Lindwood, asked for the amount, and source of CDBG funds involved in
the action plan.
Allen Davis, Director of Community Development, stated $157,000.00 was needed to fill the
gap for the settlement agreement. He explained the source of CDBG funds was the
program’s income, specifically repayments from prior mortgages.
Council Member Herman asked if this would affect any previously approved projects using
CDBG funds.
Mr. Davis stated other projects would continue as planned, and the program generated
more income than anticipated.
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Mayor Cummings asked when demolition of the building would begin.
Ms. Lorenson, stated the City had been confirming the demolition details with the
contractors; however, a specific start date had not been set.
Council Member Allison-Aasby asked if the demolition would take place beyond the
anticipated timeframe of September.
Ms. Lorenson stated the contractor anticipated the demolition to be completed in nine
months, it could be February before the demolition would be completed.
Mr. Rohloff explained asbestos removal was a part of the demolition process, which meant
the demolition could not begin until all of the asbestos is removed. He stated the City was
currently working with the asbestos contractor to coordinate dates.
Council Member Herman asked for clarification regarding the settlement agreement and
the WEDC funding.
Ms. Lorenson stated the settlement agreement had been fully executed, and the WEDC
funds were reimbursement funds. She explained the City would initially pay for the work,
but the WEDC funds would then reimburse the City.
Mr. Rohloff stated the bank had inquired about when to deposit their funds into the escrow
account.
Council Member Herman asked if Martin Cowie had deposited his funds into the escrow
account.
Ms. Lorenson stated at this time it is not known if the bank or Mr. Cowie had deposited
their funds into the escrow account.
Council Member Palmeri asked for clarification regarding the slab removal cost, and
whether that $100,000.00, was included in the total budget costs.
Mr. Davis stated the slab removal cost was not currently figured into the budget, but staff
was discussing options to limit those costs.
Council Member Palmeri questioned if there was any contamination under the slab.
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ROCEEDINGS OF THE OMMON OUNCIL AY
Mr. Davis stated based on the work that had been done at the site, contamination under the
slab was not anticipated, but if contamination was present it was the City’s responsibility.
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
Mr. Rohloff reminded Council of the Strategic Planning Workshop on July 14 from 8:00
th
a.m. – 4:30 p.m at the Convention Center.
Mr. Rohloff, stated liquor licenses were being renewed at the end of June; however, he
wanted to provide an update on The Granary. He explained the work on the property was
progressing, and with license renewals coming up at the next Council meeting it would be
futile to discuss possible revocation at this time.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Council Member Panske stated the Oshkosh Public Library had a Summer Reading
Program May 31, 2016, to August 26, 2016.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff stated Mayor Cummings, Allen Davis, and himself attended a meeting with the
chair-people of the neighborhood associations. He explained they addressed questions
relating to code enforcement, the rental registry program, and the neighborhood night out
event.
Mayor Cummings stated he spoke with an individual community member that renovated
her house, and was able to stay in the neighborhood due to the City’s investment in local
park property. He stated the neighborhood associations had high energy and positive
activity going on.
Mr. Rohloff stated a private investor group, led by Windword Investment Wealth
Strategies, (a local financial consulting firm), was making a proposal to the Milwaukee
Bucks to locate their D League Team in Oshkosh. He stated staff and GO-EDC were
working with the group to identify potential sites for a facility. He stated a proposal needed
to be submitted within the next month.
Council Member Panske asked how much space the group was looking for.
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ROCEEDINGS OF THE OMMON OUNCIL AY
Mr. Rohloff stated the need was for a few acres for the footprint of the building, plus
parking availability.
Council Member Panske asked what the group’s timeline was.
Mr. Rohloff stated the Bucks would like to see the team on the floor by fall 2017.
MOTION: ADJOURN (Pech; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 7:45 p.m.
PAMELA R. UBRIG
CITY CLERK
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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J14,2016
UNE
REGULAR MEETING held Tuesday, June 14, 2016, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Lori Palmeri, Steven Herman, Deb Allison-Aasby,
Caroline Panske, Benjamin Stepanek, and Mayor Steve Cummings
EXCUSED: Council Member Tom Pech, Jr
ALSO PRESENT: Mark Rohloff, City Manager; Angela Joeckel, Deputy City Clerk; Lynn
Lorenson, City Attorney; and James Rabe, Director of Public Works
Mayor Cummings asked everyone to rise for a moment of silence in remembrance of those
who lost their lives in Orlando, Florida.
Council Member Palmeri read the Invocation.
The Pledge of Allegiance was led by Council Member Palmeri.
P
RESENTATIONS
Award of Appreciation to Retired Fire Department Lieutenant Francis Mathe
John Holland, Community Program Coordinator of the Fire Department and Tim Franz,
Fire Chief, presented Retired Fire Department Lieutenant Francis Mathe an Award of
Appreciation. Mr. Holland thanked Mr. Mathe for his dedication to fire prevention during
his 31 years with the Fire Department and for remaining a fire prevention advocate during
the subsequent 19 years.
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ROCEEDINGS OF THE OMMON OUNCIL UNE
2016 Acanthus Historic Preservation Awards
On behalf of The Oshkosh Landmarks Commission, Shirley Mattox presented the 2016
Acanthus Awards. Sandy Prunty and Deb Toman received an award for their efforts in
façade rehabilitation, specifically the original leaded transom window, of the commercial
structure at 17 Waugoo Avenue, preserving an important architectural element of a circa
1875 commercial storefront. Joel and Katherine Meine received an award for their façade
rehabilitation of the Historic Residence at 1540 Algoma Boulevard (Charles Wood House),
they preserved the old growth timber and painting a varied color pallet to draw attention
to Oshkosh’s cultural heritage. Oshkosh/Winnebago County Housing Authority was
awarded for retention and restoration of the Commercial Structure at 522-530 North Main
Street. The efforts preserved the integrity of the historic Raulf Hotel and made a positive
impact on the current residents. 531 N Main Street LLC received an award for retaining
and restoring the interior and exterior of the historic building at 531 N Main Street (Frank
Percey Gun and Fur House) and for facilitating its reuse, thereby giving new life and
modern purpose to an Oshkosh historic structure.
Mayor Cummings thanked the Landmark Commission and all those involved for making
the effort to save the history of the community, most recently the Schreiber house.
P
UBLIC HEARINGS
Ordinance 16-276 Approve Zone Change / Evergreen Retirement Community from R-1
Single Family Residence to R-1PD Single Family Residence with a
Planned Development Overlay; 1000-1100 Blocks of North Westfield
Street & 1100-1200 Blocks of North Eagle Street
FIRST READING; LAID OVER UNDER THE RULES
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director.
Receipt & Filing of Museum Board Minutes from May 5, 2016.
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Receipt of Claim filed with the City’s Insurance Company
A) John Ruh for alleged damages to his vehicle from a police car
B) Joseph Gibson for alleged damages from driving over a pothole (north Bowen
Street)
C) Amy Prickett for alleged injuries from stepping in a hole at South Park
Resolution 16-277 Approve Releasing Easements at 1000 Cumberland Trail (Plan
Commission Recommends Approval)
Resolution 16-278 Approve Conditional Use Permit for Automobile Towing & Service;
139 East Packer Avenue (Plan Commission Recommends Approval)
Resolution 16-279 Approve Amendment to Inspection Services Division Fee Schedule
Adding a $25.00 Annual Administration Fee to Contractor Pre-Pay
Accounts
Resolution 16-280 Approve Resolution to Declare End to Emergency Replacement of
Sanitary Sewer Main & Water Main on Washington Avenue at the
Canadian National Railroad Crossing
Resolution 16-281 Approve Revised State/Municipal Agreement with Wisconsin
Department of Transportation for Reconstruction of North Main Street
from New York Avenue to Murdock Avenue
Resolution 16-282 Award Bid to Capelle Bros. & Diedrich, Inc. for Transportation
Department Facility Reconfiguration for Transit Department
($569,280.00)
Resolution 16-283 Award Bid to Stannard Cleaners Inc. for Three Year Agreement (2016-
2018) for Dry Cleaning & Laundry Services for Police Department
Resolution 16-284 Award Bid to Mechanical Technologies Inc. for Hot Water Boiler
Replacement for Waste Water Treatment Plant ($22,440.00)
Resolution 16-285 Accept Assistance to Firefighters Grant from FEMA- $181,189.00 with
10% City Contribution of $18,189.00
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Fire Chief Tim Franz explained the Fire Department would utilize the Assistance to
Firefighters Grant from FEMA to purchase a video conferencing system to interconnect
fire stations for training. He explained using the equipment would allow everyone to
remain at their stations, thereby keeping response time to incidents consistent. He stated
the grant comes with no restrictions.
Resolution 16-286 Approve Resolution Determining to Issue $9,850,000 Aggregate
Principal Amount of Taxable General Obligation Refunding Bonds,
Series 2016C, of the City of Oshkosh, Winnebago County, Wisconsin,
in Such Amount, Providing Details, Prescribing the Form of Bond,
Awarding the Bonds to the Best Bidder, and Levying Taxes
Council Member Herman requested further discussion on the Sewer System Revenue
bonds and the Obligation bonds that were sold.
Todd Taves, Senior Municipal Advisor Principal from Ehlers, explained that due to a
combination of unused under writers discount, a premium, and reduced cost of issuance,
the bond size was able to be reduced to $9,850,000. He also noted a negotiation with
Moody’s resulted in a $13,500 fee being waived, also contributing to the bond reduction.
He stated that initial estimates in January/February had been to save approximately
$421,000 but the final savings will be $1,735,343.
Resolution 16-287 Approve Resolution Providing for the Issuance and Sale of
$10,045,000 Aggregate Principal Amount of Sewer System Revenue
Bonds, Series 2016D, of the City of Oshkosh, Winnebago County,
Wisconsin, Providing Details, Prescribing the Form of Bond,
Awarding Said Revenue Bonds to the Best Bidder, and Providing for
the Payment of Said Revenue Bonds and Other Details and Covenants
with Respect Thereto.
Mr. Taves explained the 2016D Sewer System Revenue bond size was reduced to
$10,045,000 due to unused discount, lower cost of issuance, receiving a premium, and the
lower interest rates causing the debt service reserve requirement to decrease. The reduced
total compared to the original estimate reflects a savings of $864,000.
Council Member Herman questioned whether the Long Range Finance Committee had
looked at other ways to utilize the favorable rate environment to restructure other debt.
Trena Larson, Director of Finance, explained potential refundings were evaluated annually
by Ehlers who then propose any issuance that were eligible for refunding.
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ROCEEDINGS OF THE OMMON OUNCIL UNE
Council Member Herman asked how many years must pass before refinance can happen.
Mr. Taves explained the different pre-payment features present in most General
Obligation bonds, as well as the Advance Refunding option.
Resolution 16-288 Approve Edward Byrne Memorial Justice Assistance Grant (JAG) for
the Police Department ($18,359.00)
Dean Smith, Chief of Police, explained the Justice Assistance Grant (JAG) and how
Oshkosh would share a portion of the funds with the Winnebago County Sheriff
Department. He stated the Police Department would be utilizing their portion of the
funds to purchase rifle locks to secure patrol rifles in vehicles, mounting options for body
cams and digital recorders.
Council Member Herman asked how the use of body cams by officers has progressed.
Chief Smith indicated it has been a successful rollout.
Council Member Stepanek questioned whether the grant would help alleviate some of the
cost to Police Officers who were required to purchase some of their own equipment.
Chief Smith indicated that he hoped to get away from that practice and that some of the
funds would be used to help purchase needed equipment.
Resolution 16-289 Approve Special Event – Silver Star Brands to utilize Menominee Park
& Reetz Diamonds for their Team Member Appreciation Day / June
23, 2016
Resolution 16-290 Approve Special Event – Next Level Fitness to utilize Opera House
Square for their Yoga at the Market classes / June 25, 2016 through
September 3, 2016 (Saturdays excluding July 16, August 20 & 27, 2016)
Resolution 16-291 Approve Special Event – John Sakschek to utilize Opera House
Square for Franki Jo – Inspiration Celebration series / June 25, 2016
through September 24, 2016 (Saturdays excluding July 16, August 20
& 27, September 10 & 17, 2016)
Resolution 16-292 Approve Special Event – Catamaran Racing Association of Wisconsin
to utilize Menominee Park near the Beach House & Lakeshore Drive
for their Crazy Cats Sailboat Regatta / July 8-10, 2016
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Resolution 16-293 Approve Special Event – Oshkosh Elks Lodge #292 to utilize Rainbow
Park for their Oshkosh Elks Sheepshead Fishing Tournament / July 16,
2016
Resolution 16-294 Approve Appointments to Boards & Commissions:
Oshkosh Housing Authority
Traffic Review Advisory Board
Grand Opera House Advisory
Redevelopment Authority
Library Board
Public Arts & Beautification Committee
Resolution 16-295 Disallowance of Claim by Christopher Lipke
Resolution 16-296 Disallowance of Claim by Joseph Gibson
Resolution 16-297 Approve Combination “Class B” License, Special Class “B” Licenses,
Operator Licenses, Taxi-Cab Driver Licenses & Taxi-Cab Licenses
MOTION: ADOPT CONSENT AGENDA (Panske; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-298 Approve Closure of Oshkosh Avenue at North Westfield Street
Council Member Herman questioned the procedure for notifying citizens of the closure.
Mr. Rabe explained the contractor must post message boards at least one week prior to the
closure, and the closure would be listed in the weekly traffic restriction update on the
website and emailed out.
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings)
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Resolution 16-299 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-300 Approve License Renewal for Granary
Council Member Herman requested an update on the project.
Andy Dumke, the developer, indicated that plans were progressing, construction would
begin within 30-60 days, and the restaurant should open in October. The Landmarks
Comission landmarked the property, and the goal was to preserve the building’s historical
appearance.
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-301 Approve License Renewal for Post 1908
MOTION: ADOPT (Palmeri; second, Panske)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-302 Approve License Renewal for Morgan District
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-303 Approve Secondhand Dealer License for Fabulous Finds
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (5) Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Council Member Palmeri abstained from the vote as she had an association with Sandy
Ziebel, the owner.
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Resolution 16-304 Accept Donation of Bridge Lighting on Oshkosh/Congress Avenue
Bridge
Council Member Herman thanked the foundation for their continued support of the
lighting of the bridges throughout the City of Oshkosh.
MOTION: ADOPT (Stepanek; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-305 Approve Tax Increment District No. 28 Project Plan; Designate Tax
Increment District No. 28 Boundaries; CreateTax Increment District
No. 28 Beach Building Redevelopment (Plan Commission
Recommends Approval)
Gary Gray, 815 W. Linwood Avenue, expressed concerns regarding TIF funding, including
considering other funding methods and being provided with additional details and
definitions to better understand what the City would be paying.
Darryn Burich, Planning Services Manager, explained the benefits utilizing the TIF Project
Plan.
Council Member Herman asked for Mr. Burich to touch on a few items within the TIF
Project Plan.
Mr. Burich explained the base values, inflation rate, and how projections were subject to
what happens within the market.
Council Member Allison-Aasby explained although the TIFs themselves do not come
before the Long Range Finance Committee, previously they did review the policies,
therefore any future TIF plans would then fit into the previously decided policies.
Council Member Palmeri questioned the internal rate of return and assumptions.
Mr. Burich and Tim Hess, Invista Analytics LLC, explained the determination of the
vacancy rates and the increase of expenses that were discovered, and how these items
affect the IRR.
Council Member Palmeri asked for clarification on projected rents.
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Mr. Hess explained how the data was collected and entered into an econometric model
and rents were then projected.
Council Member Palmeri questioned what would happen with the project if the group
were not granted the TIF.
Chet Wesenberg, 146 Algoma Boulevard, stated that they would table the project, and put
it up for sale.
Council Member Panske questioned if the apartment inspection plan by the City of
Oshkosh does go forward, if any amendments would need to be made to reflect the
potential expenses they would incur.
Mr. Burich explained that no, the cost would be minimal enough that it would not have a
significant impact on the expenses.
Council Member Herman asked Mr. Wesenberg to further explain the project and the
impact of the building’s historical value.
Mr. Wesenberg explained the first floor would be incubator office space and a coffee shop;
the second and third floor would be luxury apartments.
Mayor Cummings voiced his support of the project, and noted that two of the 2016
Acanthus awards went to buildings within the central city. He explained how important it
was support developers looking to preserve these historic buildings, otherwise they would
eventually disappear.
Council Member Palmeri requested Mr. Wesenberg to explain the distinction between a
simple shared office space versus an incubator office space.
Mr. Wesenberg explained an incubator office space was a low cost office space with a
professional atmosphere for start-up companies to be able to work with other
professionals and collaborate with them. He was unable to answer what other services
might be offered as he explained that was Eric Hoopman’s area of expertise.
Council Member Herman stated he felt this was a great reuse project that utilizes locally
owned developers reinvesting in the City of Oshkosh.
Mr. Burich explained that local projects such as this would not be possible without TIF and
the State and Historic Tax Credit.
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Council Member Allison-Aasby commented that past experience with out of town buyers
had led to building and project deterioration, and compared that experience with the
opportunity to have someone within our community reinvest in the building and then
utilize it as opposed to selling it.
Council Member Palmeri commented on the phenomenal quality of other work that had
been done within the City and despite prior reservations and additional questions stated it
would be an exciting project.
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
Resolution 16-306 Approve Conditional Use Permit for a Mixed Use Development; 240
Algoma Boulevard - Beach Building Redevelopment (Plan
Commission Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
CD,DCMFAI
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS
The Sustainability Board requested a Workshop on ICLEI Milestones. Mr. Rohloff
requested the Council Members compare their schedules to the potential workshop dates
to ensure there are no conflicts. July 26 was selected tentatively as a date.
A Strategic Planning Workshop would be held July 14 8:00 a.m. – 4:30 p.m. at the
th
Convention Center. Mr. Rohloff explained the Workshop would include input from many
different levels of management and supervisors.
Council Member Herman asked Chief Smith to give an update regarding the Nickel Bar
noise issue, and also, what the Police Department does in general in regards to noise
complaints resulting from bars and restaurants located in residential neighborhoods.
Chief Smith reported the Police Department was actively monitoring the Nickel Bar. On
September 13 of last year, police responded to a complaint regarding a large band at the
Nickel Bar. Decibel readings were taken and it was determined the bar was in violation,
and they were charged with disturbing the peace. He explained the owners have been
cooperative and have actively worked to remain within ordinance by purchasing their
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ROCEEDINGS OF THE OMMON OUNCIL UNE
own noise meter. He stated a neighborhood officer had remained in close contact with the
resident in the 600 block of W. 6 Ave who has made multiple calls regarding music and
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bands. He explained officers had also shared data collected over a 9 month period with
residents to show the decibel readings recorded by the Police Department had remained
within allowable readings. Officers had advised citizens to continue to call the Police
Department if they have noise complaints, but there were very few calls to date. Officers
would continue to monitor the Nickel Bar.
Chief Smith also detailed the process of how the Police Department handles noise
complaints. He explained the Police Department responds to the complaints, tracks and
shares data from noise meters, and assigns an officer to a long term complaint in an
attempt to mediate. He stated the goal was to come to an amicable solution between
whomever was complaining and the provider of the noise. Officers ensure all data was
collected through a noise meter to determine if there is a violation. If there was a violation,
businesses would be charged.
Mr. Rohloff asked Allen Davis, Director of Community Development, to explain the
Frequently Asked Questions document he created in preparation for the Public Hearing
for Rental Housing Registration & Inspection Program.
Mr. Davis explained that he had provided in Council’s packets the Frequently Asked
Questions document that he also intended to put on the Web, and distribute to interested
parties. He stated the document addressed questions as well as what the specifics of what
the rental inspections would include, fees, and compliance with State Law.
Council Member Panske initiated a discussion about separating the Rental Registry from
the Rental Inspection program.
After input from Council Member Herman, Mr. Davis, and Mayor Cummings, Mr. Rohloff
explained that they anticipated motions that may or may not occur, and that Council
discussion and a vote would take place the meeting following the Public Hearing,
scheduled July 12, 2016. Mr. Rohloff also indicated he would share any input he receives
following the meeting of the Apartment Association.
Council Member Palmeri requested additional tenant contact prior to the July 12 Council
meeting as she stated so far it had mostly been investors weighing in.
Mayor Cummings indicated there was a large amount of existing complaints and
photographs for reference as well.
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The Public Hearing was scheduled for the following Council meeting.
Council Member Palmeri requested a follow-up discussion regarding the 2015 Workshop
on Wheel Tax.
Mr. Rohloff explained that the Wheel Tax discussion had been set aside after the
September 2015 Workshop to give Council time to absorb the information.
Council Member Palmeri was given the background on the Workshop and the public
feedback that occurred thereafter.
Council and Mr. Rohloff determined to put the Wheel Tax topic through the Long Range
Finance Committee.
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Council Member Herman invited the public to the Community Conversation taking place
Tuesday, July 26 from 9-10:30 a.m. to discuss the Community Health Improvement Plan at
the Senior Center.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Prior to discussing the Revenue and Expense Statements, Mr. Rohloff reminded everyone
of the official dedication ceremony for the Riverwalk, Thursday, June 16 at 4:00 pm.
th
Mr. Rohloff provided the 2015 Final Revenue & Expense Statements report and the 2016
First Quarter Revenue & Expense Statements report. He noted in the 2016 First Quarter
report that ambulance revenues were down, despite the number of calls remaining
consistent or even greater than in the past. He cited a combination of items causing this,
primarily private pay/uninsured citizens, and an aging population. He explained he
wanted to call attention to this and keep it on radar, as they are sensing a trend, despite it
being early in the year.
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MTGICS(CM’O,CH)
OTION O O NTO LOSED ESSION ITY ANAGERS FFICE ITY ALL
MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION
PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE
STATUTES TO DISCUSS THE MID-YEAR REVIEW OF THE CITY
MANAGER AN EMPLOYEE OVER WHICH THE COMMON
COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY.
(Allison-Aasby; second, Herman)
CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor
Cummings
MOTION: ADJOURN (Panske; second, Cummings)
CARRIED: VOICE VOTE
The meeting recessed at 8:02 p.m.
ANGELA J JOECKEL
DEPUTY CITY CLERK
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