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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,
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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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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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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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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
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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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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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