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PCC
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.
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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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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.
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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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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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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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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
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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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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.
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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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