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ROCEEDINGS OF THE OMMON OUNCIL
CO,W
ITY OF SHKOSH ISCONSIN
J26,2016
ULY
REGULAR MEETING held Tuesday, July 26, 2016, at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Lori Palmeri,
Steven Herman, Deb Allison-Aasby, and Mayor Steve Cummings
EXCUSED: Council Member Tom Pech, Jr
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney; and James Rabe, Director of Public Works
Council Member Panske read the Invocation.
The Pledge of Allegiance was led by Council Member Panske.
Mayor Cummings proclaimed August 2016 Civility Month in the City of Oshkosh.
Margy Davey and Walter Scott from the Oshkosh Civility Project accepted the
proclamation. Mr. Scott stated he believed Oshkosh would continue to improve and was
proud to see Oshkosh Civility Project posters present within government and school
buildings in the City.
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CA
ONSENT GENDA
Approval of Bills presented by the Finance Director
Approval of Cash Report from January – June 2016
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Receipt & Filing of Museum Board Minutes from June 2, 2016
Receipt & Filing of Common Council Minutes from May 10, 24 & June 14, 2016
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Receipt of Claim filed with City’s Insurance Company
A) Angeline Gonzales for alleged damages from hitting a pothole
Resolution 16-367 Approve Amendment to a Previously Approved Planned
Development for Relocation of a Driveway to Access a Medical
Office Building at the Northwest Corner of West 9 Avenue & South
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Westhaven Drive. (Plan Commission Recommends Approval)
Resolution 16-368 Approve Amendment to a Previously Approved Planned
Development for Change of Use; 135 Jackson Street (Plan
Commission Recommends Approval)
Council Member Herman asked for an explanation of the planned development for 135
Jackson Street.
Allen Davis, Director of Community Development, stated it was proposed for Aurora to
occupy the vacant Morton Pharmacy building on Jackson Street. He stated they would
use the existing footprint of the building to provide space for physicians.
Resolution 16-369 Approve Option to Purchase a Portion of Parcel H; Corner of Jackson
Street & Pearl Avenue; Jeff Fulbright (Redevelopment Authority
Recommends Approval)
Council Member Herman requested an explanation of what had happened with the plans
for First Bank to occupy the space.
Mr. Davis stated the parcel was not large enough to accommodate the footprint of the
bank. He stated the current proposal would not exceed the available space in the parcel.
He explained the current proposal meets the DNR’s requirements for the site.
Resolution 16-370 Approve Accepting Street Rights of Way within TIF #13 and TIF #21
(Redevelopment Authority Recommends Approval)
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Resolution 16-371 Approve Final Plat known as Sunrise Estates Subdivision; South
3400 Block of West 20 Avenue (Plan Commission Recommends
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Approval)
Resolution 16-372 Approve Initial Resolution for Special Assessments for Sunrise
Estates Subdivision; South 3400 Block of West 20 Avenue – With
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Signed Waivers
Resolution 16-373 Accept & Approve Waiver of Special Assessment Notices & Hearing
In Connection With Improvements - Sunrise Estates Subdivision;
South 3400 Block of West 20 Avenue
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Resolution 16-374 Approve Final Resolution for Special Assessments for Sunrise
Estates Subdivision; South 3400 Block of West 20 Avenue – With
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Signed Waivers
Resolution 16-375 Approve Developer Agreement / Sunrise Estates Subdivision; South
3400 Block of West 20 Avenue
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Resolution 16-376 Approve Change Order No. 3 for Public Works Contract No. 15-21
with Jos. Schmitt & Son Construction Co., Inc. for the Public Works
Field Operations Facility – Phase III (+$15,928.96)
Resolution 16-377 Award Bid for Public Works Contract No. 16-26 to Highway
Landscapers, Inc. for Landscaping – Biofilters for Public Works Field
Operations Facility ($130,598.50)
Resolution 16-378 Award Bid for Public Works Contract No. 16-09 to Carl Bowers &
Sons Const. Co., Inc. for Water Main Relay & Installation
($836,765.93)
Resolution 16-379 Award Bid for Public Works Contract 16-22 to CB&I Inc. for Marion
Road Water Tower Replacement ($3,624,000)
Council Member Herman questioned the timeline of the water tower.
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Stephan Brand, Public Works Utility Manager, stated the timeline was weather
dependent. He explained they did not anticipate being able to erect any steel this year
but did expect to lay the foundation. He stated weather permitting they would begin the
steelwork in spring. He stated ideally they would like to have the water tower painted
and in working order by fall of 2017. He explained if weather delayed the project it would
be complete in 2018.
Council Member Herman questioned if there would be an interruption of services during
the replacement of the water tower.
Mr. Brand stated there would be no interruption of services as the Marion Road water
tower would remain functional during the duration of the project. He stated after the
new water tower was complete and in working order the final step of the project would
be to demolish the former water tower.
Council Member Herman stated the Beautification Committee would like an opportunity
to participate in the paint design of the water tower. He questioned if the design had
been finalized.
Mr. Brand stated the new City of Oshkosh logo would be present on the water tower. He
explained the underside would be painted a darker blue to prevent visible staining and
mildew so the water tower would not need to be cleaned as often. He stated it would be
up to the Council to make a final decision. He explained if Council were to add to the
existing paint design it would increase the cost of the project; not just the initial cost but
the maintenance of the paint design as well.
Mr. Rabe explained the stakeholder group who had planned the design of the water
tower had done so because at that time there was not a Beautification Committee in place.
He stated in the future the committee would be involved in similar projects.
Council Member Panske explained that two members of the stakeholder group were also
members of the Beautification Committee. She explained the committee was meeting
August 2, 2016 and would follow up on the discussion at that time.
Resolution 16-380 Approve Purchase from Clarey’s Safety Equipment Inc. of
Hazardous Materials Wireless Meters for Oshkosh Fire Department
($45,007.68)
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Resolution 16-381 Approve Purchase of Road Salt for Winter 2016-2017 for the
Department of Public Works through WDOT from Compass
Minerals ($153,624.00)
Resolution 16-382 Designate the City Manager as the Authorized Representative to File
Applications for Financial Assistance from the State of Wisconsin
Environmental Improvement Fund
Resolution 16-383 Approve Special Event – UW Oshkosh Department of Residence Life
to utilize City streets for their Residence Hall Move In / September 3,
4 & 5, 2016
Resolution 16-384 Approve Special Event – Hmong Service Center, Inc. to utilize
Winnebago County Community Park for their Hmong National
Labor Day Festival / September 3 & 4, 2016
Council Member Palmeri asked for an explanation of the estimated cost for police
services.
Kathy Snell, Special Events Coordinator, explained that the tactical unit from the Police
Department would service the event which lead to the high cost.
Resolution 16-385 Approve Special Event – Winnebago Labor Council to utilize South
Park for their Winnebago Labor Council City Wide Labor Day Picnic
& Car Show / September 5, 2016
Resolution 16-386 Approve Special Event – Reach Counseling Services and Christine
Ann Domestic Abuse Services to utilize City streets for their Take
Back the Night event / October 5, 2016
Resolution 16-387 Approve Special Event – UW Oshkosh Police Department and
Special Olympics Wisconsin to utilize City streets for their Run with
the Cops 5K / October 6, 2016
Resolution 16-388 Approve Special Event – Business Improvement District to utilize
the 400 & 500 blocks of Main Street for their Downtown Oshkosh
Halloween Trick or Treat / October 26, 2016
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Resolution 16-389 Approve Special Event – Business Improvement District to utilize
Opera House Square & City streets for the Downtown Oshkosh
Whoville Holiday event / November 19, 2016
Resolution 16-390 Approve Special Event – March of Dimes to utilize Menominee Park
for their March for Babies event / May 13, 2017
Resolution 16-391 Approve Special Event – Aurora Health Care Foundation to utilize
Menominee Park & City streets for their Lombardi Walk to Tackle
Cancer / June 3, 2017
Resolution16-401 Approve Block Party Request - Joseph Butler to utilize Evans Street
between Mallard Avenue & Greenwood Court for their
neighborhood block party / August 2, 2016
Resolution16-392 Approve Block Party Request – Jackie Steiner to utilize 900 Block of
5 Avenue between Knapp Street & Idaho Street for their
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neighborhood block party / August 2, 2016
Resolution16-393 Approve Block Party Request – Deshawn Rodgers to utilize Stillwell
Avenue between Beech Street & Wisconsin Street for their
neighborhood block party / August 20, 2016
Resolution16-394 Approve Special Class “B” Licenses, Operator Licenses & Taxicab
Driver Licenses
Council Member Panske explained there were two individuals with the last name Panske
on the operators license list. She indicated the individuals were not members of her
immediate family and therefore was not a conflict of interest.
MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Panske)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
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ATOR
CTION AKEN ON RDINANCES AND ESOLUTIONS
Ordinance 16-395 Designate Bike Lanes on Both Sides of North Main Street from Irving
Avenue to New York Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 16-396 Establish Street Grades / Sunrise Estates Subdivision; South 3400
Block Of West 20 Avenue (Staff Recommends Waiving the Rules)
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MOTION: SUSPEND RULES (Herman; second, Panske)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
Ordinance 16-397 Authorizing Public Construction for Sunrise Estates Subdivision;
South 3400 Block of West 20 Avenue (Staff Recommends Waiving
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the Rules)
MOTION: SUSPEND RULES (Herman; second, Panske)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
Resolution 16-398 Approve Developer Agreement with 240 Algoma Boulevard, LLC /
Beach Building
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (5) Panske, Stepanek, Herman, Allison-Aasby, Mayor
Cummings
Noes (1) Palmeri
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PCC–J26,2016
ROCEEDINGS OF THE OMMON OUNCIL ULY
Council Member Palmeri asked for an explanation of the increase of the City’s
contribution from 75 percent to 90 percent.
Mr. Davis explained the 10 percent would be reserved for the City’s administrative costs
to maintain the district over the next 27 years. He explained the developer would use the
90 percent to increase their rate of return from a negative 1.8 percent to a positive 3.38
percent. He stated historically the 75 percent came from the City putting money into a
TIF project. He explained in this particular case there was no City money being spent on
a TIF project. He stated he believed this justified the increase to the 90 percent as the City
would not need to provide any funds up front and the developer would be able to receive
a positive rate of return.
Council Member Palmeri requested an explanation for the increase of the 20 year
maximum pay back to a 27 year maximum pay back.
Mr. Davis explained the 20 year pay back had been based on a scenario in which the City
had to borrow the funds. He stated that TIF districts were able to extend to 27 years and
the 7 extra years would aid in the increase of the developers rate of return to 3.38 percent.
Resolution 16-399 Approve Support of Transportation Funding for Wisconsin & its
Local Governments
MOTION: ADOPT (Herman; second, Palmeri)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
Mr. Rohloff explained the League of Municipalities was part of a group that
commissioned a study by the Local Government Institute that looked at transportation
and how it would be funded in the future. He stated as a result of the study, the League
of Municipalities, the Counties Association and the Town’s Association were partnered
with the Transportation Development Association to address transportation funding. He
explained the ‘just fix it’ logo was being used to promote the public information
campaign. He stated public meetings would be held in all 72 Wisconsin counties in
September to make the public aware of how important roads were to the economy, the
gas tax, and how Wisconsin could stop relying on borrowing to fund road improvements.
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Mayor Cummings asked if the resolution was passed would additional legislative bodies
be notified.
Mr. Rohloff stated the intent was to make all legislators in the state aware of the
campaign. He stated Oshkosh Media would also provide instructions so citizens could
voice their concern to legislators regarding the campaign.
Resolution 16-400 Approve Updated Tax Increment Financing (TIF) Policy and
Application Guidelines (Staff Recommends Layover until August
10, 2016 Council Meeting)
MOTION: ADOPT (Herman; second, Panske)
MOTION: LAY OVER UNTIL AUGUST 10, 2016 COUNCIL MEETING
(Herman; second, Panske)
CARRIED: Ayes (6) Panske, Stepanek, Palmeri, Herman, Allison-Aasby, Mayor
Cummings
Mr. Davis explained that Todd Taves, Municipal Advisor from Ehlers, was not able to be
in attendance during the July 26 Council meeting but would be present during the August
10 Council meeting. He stated Mr. Taves had prepared Power Point presentations
showing best practices and comparisons regarding TIF policies therefore it would be best
for him to be present during discussion of the resolution.
Council Member Allison-Aasby stated she appreciated Mr. Davis and Ms. Larson taking
the time to contact Mr. Taves with her questions. She stated it had been some time since
Council had revisited the foundations of TIF and it would be beneficial for the new
Council members to review the information Mr. Taves would provide.
CD,DCMFA
OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA
I
TEMS
Mayor Cummings reminded Council of the presentation by GO-EDC on Initiative 41
during the August 23, 2016 Council meeting and the Municipal Court Workshop on
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August 23, 2016 at 5:00 p.m.
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Council Member Herman explained the Long Range Finance Committee questioned
what direction Council would like the committee to take with the Wheel Tax. He stated
he would like to know how the impact the Wheel Tax would have on the budget and if it
would generate funds for future road and sidewalk constructions. He stated it was
important for Council to decide if there would be a benefit to the Wheel Tax. He
explained it may be an item the public could vote on as a referendum.
Council Member Allison-Aasby explained that the Long Range Finance Committee
would be willing to look at the Wheel Tax but would like Council to provide specific
direction and include a timeline.
Council Member Palmeri questioned what would happen if the Wheel Tax were
recommended to be taken to referendum.
Mr. Rohloff explained the Long Range Finance Committee would not typically give
advice on whether an item should be taken to referendum. He stated the committee
would look at the financial aspects of the policy. He explained if the Wheel Tax were to
be taken to referendum Council would need to consider the election it would appear on
to construct a timeline accordingly.
Council Member Allison-Aasby requested Council provide the Long Range Finance
Committee a timeline for the data collection and recommendation process.
Council Member Herman indicated he would like the Long Range Finance Committee to
explain if the Wheel Tax would make financial sense and review the different program
options the funds would be used for. He explained Council would then need to
determine if they would want to take the topic to referendum. He stated he believed
there was a $20.00 cap required by State Statutes.
Mr. Rohloff indicated there was not a cap but $20.00 was the dollar amount that was
commonly used with other municipalities.
Council Member Herman stated it would be beneficial to know how many vehicles were
registered within the City. He also asked if Long Range Finance could estimate how
much money the program would generate and if the money could be placed in an interest
bearing account.
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Mayor Cummings stated it would need to be determined how active citizen street
payment plans would be impacted.
Council Member Herman explained it was important to gain citizen input due to
situations such as existing special assessment payment plans and those that had been
recently paid off. He stated he did not believe the Wheel Tax would generate enough
money to eliminate assessments.
Council Member Allison-Aasby stated she would bring the questions to the Long Range
Finance Committee and provide Council with an update after the committee meeting.
Mr. Rohloff asked if the Long Range Finance Committee would need a refresher
presentation on the Wheel Tax.
Council Member Allison-Aasby explained she would ask the committee members at the
next meeting.
Mr. Rohloff explained he would provide a copy to the committee members.
Council Member Palmeri requested an explanation of what percentage of special
assessments were paid at the time they came due.
Mr. Rohloff asked when and how Council would prefer to receive the information
gathered from the parking study. He stated a presentation had been prepared but it was
yet to be determined if it would be provided during a Council meeting or if a workshop
would take place.
Council Member Herman questioned if there were budget implications related to the
presentation.
Mr. Rohloff explained there was a combination of budget and policy implications. He
stated the policy implications were the most important pieces for Council to understand.
Mayor Cummings asked how much time would be needed to accommodate the
presentation.
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Jim Collins, Director of Transportation, explained the consultants had made policy
recommendations, hosted two public input meetings, and had discussion with Parking
Utility. He stated the final presentation would be to Council regarding recommendations
for off street and on street parking. He explained the policy that would have the most
impact was having a paid form of on street parking. He explained the length of the
presentation would be dependent on how many questions there were. He stated the
consultants could host a workshop and Council could vote on the recommendations at a
later Council meeting. He explained in that scenario the consultants would not be
available to answer questions during the voting. He stated the consultants could include
the presentation as part of resolution that would include their recommendations.
Council Member Herman stated he would like the information prior to voting and would
like to schedule a workshop. He questioned if there was a hard deadline for the
presentation.
Mr. Collins indicated there was not a hard deadline but he would need to keep the
recommendations in mind for budget considerations. He stated he would prefer a
workshop in August or September and would like a decision from Council soon after the
workshop. He explained if Council would decide to move forward with the
recommendations there would be additional steps including education necessary for
implementation. He stated it would be an approximate six months implementation
timeline from the time the decision was made.
Council Member Herman questioned if the Business Improvement District (BID) had
been made aware of the recommendations.
Mr. Collins explained the BID had been originally been formed to discontinue paid
parking in the past. He stated as the BID evolved they were not able to continue to
provide strong support to the Parking Utility. He explained they were presently more of
a marketing BID and would like to discontinue paying for the parking and in general
were supportive of paid parking and had been actively involved in the consultant
process.
Mayor Cummings questioned if a 45 minute workshop would be sufficient for the
presentation.
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ROCEEDINGS OF THE OMMON OUNCIL ULY
Mr. Collins stated it was dependent on how many questions there were. He explained
he could send a copy of the consultants’ most recent presentation to Council so questions
could be prepared ahead of time.
Council Member Herman suggested the first Council meeting in September.
Mr. Rohloff stated the workshop would be scheduled for September 13, 2016 at 5:00 p.m.
Allen Davis, Director of Community Development, stated staff had an opportunity to
meet with a group of landlords to gather information. He explained they would continue
to gather information and discuss best practices. He stated he and staff had been able to
answer a majority of the questions raised at previous Council meetings but not all as some
questions required more research. He explained if he did not have all the information
gathered on August 4, 2016 for the August 10 Council meeting he would request an
additional month for research.
Mr. Rohloff explained due to schedule conflicts in August and the importance of the
Rental Registry and Inspection policy he thought it made sense to wait until September
to revisit the ordinance providing Council approved.
Council Member Panske stated she supported waiting until September to thoroughly
answer all questions.
Council Member Herman stated he would support giving staff more time.
Mr. Davis stated staff would continue to make progress and provide a progress report to
Council during the first Council meeting in August.
Council Member Palmeri questioned if the Rental Advisory Board would be included in
the extension.
Mr. Davis stated yes.
Mr. Rohloff stated Joe Ferlo, Director of the Grand Opera House, would like to make a
brief presentation during the August 23, 2016 Council meeting previewing the Grand
Opera House season.
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ROCEEDINGS OF THE OMMON OUNCIL ULY
CSC
ITIZEN TATEMENTS TO OUNCIL
There were no citizen statements to Council.
CMA&S
OUNCIL EMBER NNOUNCEMENTS TATEMENTS
Mayor Cummings presented photographs of the updated City welcome signage. He
explained it had been a lengthy project funded completely by the Oshkosh Area
Community Foundation. He thanked Steve Gohde for his work on the project. He
thanked the Oshkosh Area Community Foundation for their support.
Council Member Panske questioned if there was an update on the Mayor’s breakfast.
Mayor Cummings stated there would not be a Mayor’s breakfast. He stated there would
be a fall event in conjunction with the University.
CMAS
ITY ANAGER NNOUNCEMENT AND TATEMENTS
Mr. Rohloff directed Council to the memo regarding the architectural metalwork that
would be completed at the corner of Algoma Boulevard and Congress Avenue. He
reminded Council of the Council meeting date change to Wednesday, August 10, 2016
due to the election on August 9, 2016. He explained the beginning of renovation to the
Council chambers had begun and would continue to progress.
MOTION: ADJOURN (Panske; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 6:59 p.m.
PAMELA R. UBRIG
CITY CLERK
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