HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
APRIL 25, 2017
REGULAR MEETING held Tuesday, April 25, 2017, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske,Jake Krause,Tom Pech Jr.,Lori Palmeri,
Steven Herman, Deb Allison-Aasby, and Mayor Steve Cummings
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 Caleb Paulick and Ainsley Moore from Trinity
Lutheran School
PROCLAMATION
Mayor Cummings proclaimed Thursday, May 4, 2017 as a day of prayer in the City of
Oshkosh. He encouraged the community to join in prayer.
Michael Stratz accepted the proclamation and expressed his gratitude for religious
freedoms of America. He welcomed citizens of any faith to participate in prayer outside
of City hall from 12:00 p.m. until 12:45 on May 4, 2017.
CITIZEN STATEMENTS
There were no citizen statements to Council.
CONSENT AGENDA
Report of Sills by the Finance Director
1
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Receipt & Filing of Library Board Minutes from February 25, 2017
Receipt & Filing of Museum Board Minutes from March 2, 2017
Receipt & Filing of Common Council Minutes from March 14, 2017
Resolution 17-201 Approve ONEOshkosh—Our Neighborhoods Engage Strategic Plan
Council Member Palmeri stated she appreciated the details of the strategic plan. She
stated she was not seeing within the strategic plan where the City would complete a
baseline market analysis with performance metrics after the improvements and
participation. She questioned if it was firmly established that the City would complete a
baseline market analysis.
Allen Davis, Director of Community Development, stated City staff would complete the
baseline analysis this coming summer, through a follow up from the analysis done by
Neighborworks several years ago and expanding to include questions for ONE Oshkosh.
He explained it would demonstrate how the City had progressed in the last five years as
well as how it could be perceived in the future.
Council Member Palmeri clarified that she was not talking about the citizen satisfaction
survey.
Mr. Davis stated he was not referencing that survey either.
Council Member Palmeri questioned if the analysis would take place in each of the
geographical neighborhoods.
Mr. Davis stated it was a scientific, random sample.
Elizabeth Williams, Planner, explained the survey would take place from a statistically
valid standpoint, meaning it would be a random sampling of the target area which
included the majority of the recognized neighborhood associations.
Council Member Palmeri stated underneath neighborhood management, there was a
discussion point on performance measures which included attendance at 11 annual
2
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Oshkosh Healthy Neighborhood Alliance meetings. She questioned if that was directed
to City staff or to neighbors.
Ms. Williams explained that was an expectation of City staff to participate actively in
those sessions.
Council Member Palmeri asked for an explanation of the acronym 'CDU'.
Ms. Williams explained it was an evaluation tool that was used by the assessor's office to
measure the condition, desirability and utility of existing structures in Oshkosh. She
stated it was a uniform way of evaluating a structure's condition and impacts the
property's assessment.
Council Member Palmeri thanked City staff for the detail on the strategic plan and
explained it had been a significant improvement from previous years.
Council Member Herman questioned who would receive the information gathered in
performance measures and the tabulation was complete.
Ms. Williams stated in terms of reporting, City staff was anticipating an annual report
that would evaluate the various key performance indicators and a dashboard that would
allow them to input the data over time to track progress from year to year.
Council Member Herman questioned if that would be available to citizens on the City
website.
Ms. Williams stated yes.
Resolution 17-202 Approve & Submit Wisconsin Department of Natural Resources
2016 Storm Water Program Annual Report
Resolution 17-203 Approve Resolution to Declare End to Emergency for Purchase of
Repair Parts & Repair of Biosolids Dewatering Centrifuge
Resolution 17-204 Approve Initial Resolution for Special Assessments — Contract No.
17-22 Sawdust District Improvements —Phase 1
3
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Council Member Krause asked for an explanation of how the beautification piece would
impact property owners and if they had been informed.
Mr. Rabe explained the resolution was providing his staff the authority to start preparing
estimates to be able to provide the information to the adjacent property owners. He
explained when the estimates were prepared they would be delivered to the City Clerk's
office for mailing along with notice of the future public hearing.
Council Member Krause questioned if the resolution gave City staff the authority to
charge for the special assessments or to gather estimates.
Mr. Rabe explained it would give City staff the authority to prepare the estimates and the
public hearing would be the time that Council would approve any special assessments.
Resolution 17-205 Award Sid for Public Works Contract No. 17-11 to Wood Sewer &
Excavating, Inc. for Sanitary Manhole Rehabilitation/ Inflow /
Infiltration Reduction Program ($595,252.80)
Resolution 17-206 Award Sid to Michels Materials, MCC Inc. & Northeast Asphalt Inc.
for Road Materials for Various Departments
Resolution 17-207 Award Sid to Reinders Inc. for Leaf Picker for Parks Department
($17,430.00)
Resolution 17-208 Award Sid to Reinders Inc. for 16' Riding Tractor Mower for Parks
Department ($82,240.24)
Resolution 17-209 Award Sid to Office Technology Group for Video Conferencing
Equipment for the Fire Department ($71,370.64)
Resolution 17-210 Approve Change Order No. 1 with Fab Tech Wastewater Solutions
LLC for Primary Clarifiers Repair & Rehabilitation Project
($45,767.50)
Resolution 17-211 Approve Purchase from TAPCO for Pedestrian Crossing Equipment
for Electric Division ($30,965.60)
4
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Resolution 17-212 Approve Special Event — UW Oshkosh Women's Center to utilize
City streets for the Walk A Mile In Her Shoes event/May 3, 2017
Resolution 17-213 Approve Special Event—Kelly's (Corey Gay) 219 Wisconsin Street to
hold their Graduation Seer Garden/May 12 & 13, 2017
Resolution 17-214 Approve Special Event — Oshkosh Garden Club to utilize the front
grounds of the Oshkosh Public Museum for the Oshkosh Garden
Club Plant Sale /May 20, 2017
Resolution 17-215 Approve Special Event — Hmong Service Center, Inc. to hold the
Hmong National Memorial Day Festival at the Winnebago County
Community Park/May 27 & 28, 2017
Resolution 17-216 Approve Special Event — John Sakschek to utilize Opera House
Square for the Franki Jo — Inspiration Celebration Series / June 3
through October 28, 2017 (Saturdays)
Resolution 17-217 Approve Special Event — Waterfest Inc. to utilize the Leach
Amphitheater for the Waterfest Concert Series / June 15 through
August 31, 2017 (Thursday evenings) & Wednesday, July 12, 2017
Resolution 17-218 Approve Special Event — Camp Hiwela Youth Fund of the Oshkosh
Area Community Foundation to hold the Camp Hiwela's 801h
Anniversary Event at the Paine Prairie Woodlands /June 24, 2017
Resolution 17-219 Approve Special Event — Oshkosh Corporation to hold their 1001h
Anniversary Concert at the Experimental Aircraft Association(EAA)
grounds /July 14, 2017
Resolution 17-220 Approve Special Event — Shanice Forgette to utilize South Park &
City streets for the Jasmine Marie Memorial 5K Run Walk / August
12, 2017
5
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Resolution 17-221 Approve Combination"Class S" License, Class "A" Fermented Malt
License & Special Class "B" Licenses
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 17-217
(Allison-Aasby; second, Herman)
CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman,
Mayor Cummings
Resolution 17-217 Approve Special Event — Waterfest Inc. to utilize the Leach
Amphitheater for the Waterfest Concert Series / June 15 through
August 31, 2017 (Thursday evenings) & Wednesday, July 12, 2017
MOTION: ADOPT (Herman; second, Pech)
MOTION: AMEND TO CHANGE ALCOHOL SALES TO END AT 10:00 P.M.
AND MUSIC TO END AT 11:00 P.M. (Herman; second, Palmeri)
Council Member Herman withdrew his motion. Council Member Palmeri withdrew her
second.
MOTION: ADOPT (Herman; second, Pech)
MOTION: AMEND TO CHANGE ALCOHOL SALES TO END AT 10:30 P.M.
AND MUSIC TO END AT 11:00 P.M., JUNE 15 THROUGH
AUGUST 31, 2017 &JULY 12 2017 (Herman; second, Palmeri)
CARRIED: Ayes (6) Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor
Cummings
Noes (1) Panske
VOTE ON AMENDED RESOLUTION:
CARRIED: Ayes (6) Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor
Cummings
Noes (1) Panske
Council Member Herman explained there had been confusion surrounding the end time
of the event and the sale of alcohol.
6
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Kathy Snell, Special Events Coordinator, explained there had been a typo. She stated the
correct information was the request for the alcohol sales and amplified music to be
extended until 11:00 p.m.
Council Member Herman stated in regards to his motion for amendment that concession
sales could continue without alcohol, and he believed it was a dangerous precedent to set
to have alcohol sales continue up until the end of an event. He explained other
municipalities frequently closed the sale of alcohol prior to closing the event.
Council Member Allison-Aasby stated she believed Sawdust Days would close their
alcohol sales a half hour prior to the close of the event. She questioned if Council should
remain consistent.
Council Member Herman stated there had been some discussion about putting a policy
in place, and believed that policy should be one hour. He explained if Council wished to
remain consistent, he would adjust his amendment to reflect the half hour time frame.
He stated if in the future, Council wished to put policy in place, they would be able to
discuss half hour vs hour at that time.
Council Member Panske questioned if Council Member Herman had discussed changing
the end time of alcohol sales with any of the multiple groups who used Waterfest as a
fundraiser. She indicated she had been a volunteer at Waterfest for years and the last
hour of sales lead to more donations for the organization receiving the funds. She
questioned if any of the groups had been informed that they may lose potential income
this summer.
Council Member Herman stated he had not talked with any of the groups and believed
it was a poor decision to sell alcohol right up to the end of an event.
Council Member Panske stated it was a significant fundraiser.
Council Member Herman stated he understood and had worked at Waterfest himself.
Council Member Panske stated she had a difficult time supporting the change in time.
She explained she believed it should be discussed with the individuals running the event
7
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
and the organizations that benefit from the event. She stated she would not support the
amendment.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-222 Approve Zone Change / 460, 474 & 482 Marion Road / From UI-
Urban Industrial & I-Institutional with a Planned Development
Overlay to UMU-Urban Mixed Use with a Planned Development
Overlay (Plan Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman,
Mayor Cummings
Council Member Herman questioned if the change in zoning was applicable to the listed
lots or if the whole area would experience a change in zoning.
Darryn Burich, Planning Services Manager, explained each of the properties listed would
change from manufacturing to urban mixed use with a planned development overlay.
He explained the water tower was included due to the potential land swap with the
developer. He stated when the land swamp was complete in the future it would be re-
zoned back to institutional to reflect the use of the property. He explained it was a
temporary measure until the land swap was complete.
Council Member Herman questioned if the remainder of the block or land in the area
would remain zoned under what it had been.
Mr. Burich stated it would be urban mixed use with the exception of the Mercury site
which would remain an industrial use site for the long term.
Council Member Palmeri questioned if the land swap and redistribution was related to
where the prior water tower was located.
Mr. Burich stated that was correct.
Council Member Palmeri asked for clarification of what would happen after the land
swap.
8
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Mr. Burich stated that after the land swap was complete the water tower land would be
rezoned back to institutional.
Council Member Palmeri stated the urban mixed use with a planned development would
allow for a higher density in terms of number of residents, bedrooms and dwelling units.
Mr. Burich stated that was correct. He explained it was similar to the former R-5 zoning
level and would also allow for a commercial component to be added to the building,
which was the biggest change to the previous zoning ordinance. He stated most
commercial districts, with the exception of industrial districts, have become mixed use
unless it was located in a single family residential neighborhood.
Council Member Palmeri stated she was concerned about increasing the impervious
surface to a percentage above the maximum in the revised zoning code. She explained
the maximum was listed at 50% and the footprint of impervious area at the site was 61%.
She questioned if the storm water plan would mitigate the differential of the 11%.
Mr. Burich stated he believed some of the green space would be included in the ratio. He
explained there were two detention basins proposed on the site which were not included
in the impervious surface ratio, just in the greenspace.
Council Member Palmeri clarified that because the detention basins were not yet existing
the space was currently described as greenspace.
Mr. Burich stated that was correct. He explained the impervious ratio of 50%level, when
compared to the suburban mixed use space, which should have more greenspace, the
level set for residential was 70%. He stated when City staff did a count of the impervious
ratios in the surrounding area, most of them were in the 60-70% range. He explained the
one site closest to 50% was Radford Village that had a 49% ratio. He stated it felt too
suburban and wanted to increase the amount of development on the site. He explained
they had increased the amount of allowable impervious area although it had not yet been
included in this particular section of code. He stated City staff would raise the ratio to at
least 70% with the next set of proposed code changes to reflect the surrounding area.
Council Member Palmeri stated she believed it had been Radford Village that had over
300 people on the rooftop during the recent pub crawl.
9
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Mr. Burich stated that had occurred at Morgan Crossing.
Council Member Palmeri stated with the new development, a clubhouse was being
discussed. She questioned if the clubhouse would provide rooftop access.
Mr. Burich stated he believed the clubhouse would be on the first floor.
Council Member Palmeri questioned if there would be rooftop access.
Ordinance 17-223 Re-Adopt Municipal Code Book
MOTION: ADOPT (Allison-Aasby; second, Herman)
CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman,
Mayor Cummings
Ordinance 17-224 Approve Amendment to Municipal Building Code Chapter 7-34(C)
to include Department of Safety&Professional Services Chapter 366
FIRST READING; LAID OVER UNDER THE RULES
Resolution 17-225 Approve Specific Implementation Plan for the Planned
Development of a Multi-Family Development at 460, 474 & 482
Marion Road - Lamico, Inc. / City of Oshkosh, owners / Annex 71,
LLC, petitioner
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman,
Mayor Cummings
Joyce Goodmore, Annex Student Living, 409 Massachusetts Avenue, Indianapolis, stated
the company specialized in the development construction acquisition of student housing
assets and partner with colleges/universities throughout the Midwest to develop or
renovate student communities, provide supplemental housing options or assist with
developing campus master plans. She explained it was their mission to provide
memorable college experiences through unique housing opportunities. She stated they
took pride in creating environments that promote resident life and community belonging
as it impacts residents' futures and academic success. She stated their rapid growth was
10
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
related to public/private partnerships, unique financing methods and community
redevelopment efforts. She presented a slideshow of the proposed development and
detailed the plans for the residential units. She explained the challenges the developers
had found including soil contamination, methane emissions and asbestos. She stated
they had started the voluntary site cleanup process by notifying the DNR of the
contaminants and intent to remediate. She explained consultants would continue testing
on the site throughout the next several months. She stated construction was scheduled
to begin in summer with a completion by fall of 2018. She thanked City staff and Council
for their time and support of the project.
Council Member Palmeri questioned where the open yard space would be.
Ms. Goodmore explained it would be located on the southwest corner near the patio area.
Council Member Palmeri questioned if the space outside the patio area would be
greenspace.
Ms. Goodmore stated there would be greenspace located outside the patio, around the
parking area and on the east side of the building.
Council Member Palmeri questioned if there would be space for students to do activities
such as playing Frisbee.
Ms. Goodmore stated they were not dedicating that amount of greenspace on their site.
She indicated there was a small amount of space to play yard games outside the patio.
Council Member Palmeri stated she believed it was an excellent reduction in parking
although she had hoped to see additional greenspace.
Ms. Goodmore stated they had lost the ability to include additional greenspace due to
right of way dedication.
Council Member Herman questioned what on site management would be present.
Ms. Goodmore explained there would be a full time, on site property manager and
student advocates that would live on site and help with the marketing/leasing of the
property.
11
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Council Member Herman questioned if there would be rules regarding noise, similar to
those of a dormitory. He stated he was concerned that the property would be right across
the street from senior living.
Ms. Goodmore stated they would follow all applicable City ordinances that related to
noise.
Council Member Palmeri questioned if the water would create an echo.
Ms. Goodmore stated she was not certain. She explained they had positioned the
clubhouse to create pedestrian interaction.
Council Member Panske questioned if there was a baseline rent for a bed or if the needs
of the community were assessed to calculate that rent.
Ms. Goodmore indicated they performed a market study.
Council Member Panske questioned if that had been completed yet.
Ms. Goodmore stated that it had.
Council Member Panske questioned if she was comfortable sharing the data.
Ms. Goodmore stated she did not have exact numbers.
Council Member Panske questioned if it was comparable to the average rent in the
community.
Ms. Goodmore stated yes.
Council Member Panske questioned if the rent would be strictly out of pocket or if there
would be collaboration with the university in regards to student housing.
Ms. Goodmore indicated it would be out of pocket and there was no agreement in place
with the university.
12
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Council Member Herman stated he believed the project was an excellent example of reuse
of a piece of property that had previously been an eyesore and fit well with what the City
would like to see develop in the area. He explained it was a great opportunity for the
university as it was in close walking/biking distance and fit in well with the City's
outdoor recreation plan. He stated he hoped that the students would be kind neighbors
to the senior citizens across the street and would take advantage of the parks and river
walk.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA
ITEMS
Mr. Rohloff explained the university was having a legislator day on May 1, 2017, which
had been the City's tentatively scheduled day to meet with legislators, therefore the
meeting would need to be rescheduled. He stated there were alternative dates, however,
the timeframe would be afternoon. He questioned if Council had any preference.
Mayor Cummings stated he believed it was important to stick to a schedule due to the
various hot topics currently in Madison.
Mr. Rohloff stated he agreed and would have his assistant begin polling Council
members for available dates.
Ms. Ubrig stated she had included communications regarding status from each location
with an inactive liquor license in the agenda. She questioned if Council would like to
discuss each inactive license.
Council Member Herman stated he believed they should discuss each license.
Ms. Ubrig indicated The Granary, located at 50 W. 61h Avenue, stated they had an
agreement with a tenant for the location.
Council Member Palmeri stated she believed she had read an item in the newsletter
indicating that there would be office space at the location.
Mr. Rohloff indicated it was a mixed used property.
13
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Mayor Cummings stated the former bar area would remain a bar and the former
restaurant portion would become office space. He explained apartments would not have
suited the location.
Ms. Ubrig stated the Morgan District, located at 228 W. 61h Avenue, requested an
extension to review the proposed height of the bridge. She explained until the height was
determined they did not wish to proceed with further development.
Council Member Pech stated it was noted in their letter that the City of Oshkosh was
considering the bridge for replacement. He explained it was the state, not the City,
considering the bridge for replacement.
Mayor Cummings explained Council's recommendation may not be the option the
Wisconsin Department of Transportation ultimately chooses.
Council Member Herman stated he did believe it was important to consider that the
property would be difficult to develop without a liquor license. He explained he believed
they have shown that they were moving forward and had tentative plans. He stated he
supported giving them an additional year as it was uncertain what the bridge would look
like and how that would impact their future development. He explained he believed if
Council were to remove their liquor license now it would inhibit the developers from
making decisions on the property.
Council Member Palmeri stated it was noted in the letter that the group had been
'diligently redeveloping' the site. She explained she had several different conversations
with the developer regarding progress delays and was not certain they should be granted
an additional year. She stated she believed an extension of six months may be
appropriate although she was not certain they were diligently redeveloping the site. She
explained she did understand that the development would be difficult without a liquor
license.
Council Member Panske stated she was comfortable giving the developer an additional
year.
Mr. Rohloff stated the liquor license renewals would be brought before Council in the
near future.
14
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Ms. Lorenson explained after reviewing the inactive licenses Council would be able to
decide if there were any that they believed should not be renewed. She stated City staff
would then prepare a notice of non-renewal and ask the license holder to come before
Council. She explained if Council did not provide City staff that direction ahead of time,
the City Clerk would bring the inactive licenses to Council for renewal for the year and
to revoke a license during the subsequent year would require a revocation hearing.
Council Member Allison-Aasby stated she believed there were several Council Members
who had received conflicting information related to the development of the Morgan
District site. She explained she would be interested to hear about the plans for the site,
pending the bridge decision being a workable solution for the developers. She stated her
direction to City staff would be to request a plan update from the developers.
Ms. Lorenson stated City staff would be able to list the inactive license on the following
Council agenda and ask the developers to be present.
Council Member Allison-Aasby stated she believed that would be beneficial as it was
difficult to make a decision without hearing from the developers.
Council Member Herman stated the developers had been present to discuss the TIF for
the district that Council subsequently approved. He explained he believed they had a
specific timeline in which to develop the site otherwise the TIF would be brought back to
Council.
Mr. Rohloff explained that although Council had approved a TIF, they had not approved
a development agreement.
Council Member Herman stated he understood that although he believed the TIF would
still allow for some control if there was not progress in development.
Mr. Rohloff explained the value of the TIF gets diminished after every year of inactivity.
Council Member Herman stated after a period of inactivity, regardless of whether or not
the developers had a liquor license, Council would be able to pull the TIF.
Mr. Rohloff stated that was correct.
15
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Council Member Palmeri stated Council had not provided the developers a deadline for
the development agreement.
Ms. Lorenson indicated that was correct; there was not a specific deadline to submit the
development agreement.
Mr. Rohloff stated when the TIF had been approved the developers had indicated that
the development agreement would be completed in the spring of 2017. He explained he
had heard multiple versions of the development plan and agreed it made sense to have
the developers explain their intentions to Council. He stated he had a discussion with
the grocery company the developers had approached and they remained interested in
the site.
Ms. Lorenson stated the next Council meeting was May 9, 2017 which would allow City
staff enough time to take direction from Council and create a notice of non-renewal if
necessary.
Mayor Cummings stated he doubted any construction would take place this spring as the
building season was already in full swing.
Mr. Rohloff explained each of the inactive liquor licenses had a unique set of
circumstances. He stated the Morgan District would take more time to develop than an
establishment that was being renovated such as The Granary.
Ms. Lorenson stated City staff would send a notice to the Morgan District and invite them
to speak at the Council meeting on May 9, 2017.
Ms. Ubrig indicated Packers Pub, 1603 W. 201h Avenue, stated that they had talked with
an interested couple on March 15, 2017, although there was not anything concrete
included in their letter.
Council Member Herman stated it had been over a month since they had contact with the
couple and if the lease was moving forward something should have been decided
already.
Ms. Lorenson questioned if Packers Pub should come to the May 9, 2017 meeting as well.
Council Member Herman stated yes.
16
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Ms. Ubrig explained she had communicated with Matt Vienola from Post 1908, 129 W.
171h Avenue, and he had indicated via email that they were going to surrender their
license back to the City.
Council Member Herman questioned if the liquor license could be reserved. He stated
he believed they had reserved one for the Marion Road development.
Mr. Rohloff stated one was reserved for the Marion Road development.
Council Member Herman questioned if it would be appropriate to consider reserving the
license for the Sawdust District.
Ms. Lorenson stated City staff was in the process of establishing a meeting regarding
liquor licenses and would prepare a report for Council detailing the open licenses and
what options were available.
Mr. Rohloff stated he believed it was important to review the liquor licenses from a
strategic standpoint; if the Sawdust District were to have an entertainment area the City
needed to have a reserve of liquor licenses to allow for opportunity in the district.
Council Member Herman stated Council would also be able to consider other applicants
that had a valid project.
Mr. Rohloff stated he regularly challenged City staff to use the law to the City's advantage
to maximize the number of available liquor licenses. He explained although there were
several inactive licenses there may be more applicants than available licenses and the City
would need to be selective in terms of development goals. He stated within the
entertainment district restaurants would likely want a liquor license.
Ms. Ubrig stated Robbins, 1810 Omro Road, indicated that they were in negotiations with
a group from Oak Creek, Wisconsin.
Council Member Palmeri stated she understood that Robbins had been inactive for a year.
She questioned the license would be renewed for a year if it was not addressed at the
May 91h Council meeting.
Ms. Ubrig stated yes.
17
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Mr. Rohloff stated he did not believe they had been inactive for a full year yet.
Ms. Ubrig stated they would be inactive for a year beginning in July.
Council Member Herman stated it was his understanding that if everything went
according to plan they would be able to open June 1 and if Council pulled the license it
would impact the deal.
Mr. Rohloff stated it was a similar situation to The Granary.
Council Member Pech questioned what Council's options would be if the timeframe was
not met after the license was renewed for a year.
Ms. Lorenson stated Council would need to hold a revocation hearing.
Council Member Pech stated that if there was no further development Council would be
able to take action in the future.
Mayor Cummings stated it was mentioned in the letter that the owner was working with
a realtor. He explained he believed he had seen the realtor sign change outside the
establishment.
Council Member Pech stated the letter indicated that the owners would be outside of the
area until May 11th, although they would be able to be reached by phone and would be
able to have legal counsel available for questions. He requested City staff reach out to
the owners and have their legal counsel attend the meeting on May 91h
Ms. Ubrig stated Tower Associates, 2010 W. 91h Avenue, was the former location of Hot
Rod Willy's. She explained in conversation with Attorney Chuck Hertel she had been
informed they were listing the property although she did not believe there was any
progress.
Mayor Cummings stated it had been Mr. Cinders prior to Hot Rod Willy's.
Ms. Ubrig indicated that First Weber Realty had provided a letter indicating that the
property was listed.
18
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Council Member Pech stated the letter indicated that 25 potential buyers had shown
interest although there had yet to be an offer. He explained they indicated they were in
serious negotiations with a qualified potential tenant. He stated he believed the owner
should attend the May 91h Council meeting to provide an update.
Mayor Cummings stated it was common for Council to hear that an establishment was
in serious negotiations only to have nothing come of it.
Ms. Ubrig stated she would contact the applicable individuals to request their presence
at the next Council meeting.
Mayor Cummings questioned if it would be appropriate to gather additional information
about who the potential buyers might be. He stated he understood how confidentiality
would need to be maintained, however, he would like more concrete information than a
vague 'potential buyer'. He questioned what legal options the City had to request such
information.
Ms. Lorenson stated Council could ask questions about the potential buyer, however, the
owners may choose not to divulge the information.
Mayor Cummings stated he would prefer additional information.
Mr. Rohloff stated if Council decided to issue a notice of non-renewal, the license holder
would have an opportunity to state their case and Council would make a determination.
He explained the City Attorney would recommend that Council reach some findings
prior to non-renewal and he believed bringing the inactive license holders to the next
meeting was a good way to begin the process. He stated Council would be able to
determine if the license holders were realistic in their goals. He explained if Council
chose to pursue non-renewal it would result in open licenses, however, he understood
that Councils in general were reluctant to issue non-renewals as it had an impact on the
potential future business of the license holders. He stated in his experience in Grand
Chute there were always moving parts in respect to liquor licenses and businesses would
cycle through a list of available licenses. He explained he believed a similar system would
allow for Council to be able to issue more licenses to parties who would take action
instead of having multiple licenses in limbo not being utilized.
Mr. Rohloff stated he had worked for several other municipalities and Oshkosh was the
only one he was aware of that did not have a sign-up sheet for citizen participation. He
19
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
explained Ms. Lorenson and Ms. Ubrig had collected examples from other municipalities
and he believed the sign-up sheet would be used for citizen statements and agenda items.
He stated by current Council rules the public would be able to speak to each amendment
and he believed Council would like to continue that practice. He explained City staff had
identified forms that could be used and the general practice was turning the form into
the City Clerk therefore City staff seating in Council chambers may need to be adjusted.
He explained he had a discussion with Tony Neumann, Information Technology
Manager, who indicated there may be a technological solution to the sign-up sheet.
Council Member Palmeri stated the technological solution may address the sign-up sheet
although it would not resolve handouts that need to physically be handed to the City
Clerk.
Mr. Rohloff explained it may be beneficial to have a small sub-committee to discuss the
logistical components such as signing up for the meeting ahead of time.
Council Member Palmeri questioned if there would be an interactive component on the
page where the agenda and minutes are located.
Mr. Rohloff stated yes. He explained there were other logistics to consider, such as how
to maximize the capabilities of the TV screen and how to make the consent agenda move
faster. He welcomed the Council Members to participate in the sub-committee. He
explained there were additional topics such as queuing of Council Members when they
wished to speak. He stated the different options would be explored and reported back
to Council as a whole.
Mayor Cummings, Council Member Herman and Council Member Palmeri volunteered
for the sub-committee.
Mr. Rohloff stated he believed improving the efficiency of the meeting would allow
Council to focus on important issues.
Council Member Herman stated it was important to make sure citizens felt as though
they were welcome to speak at Council meetings. He explained there had been instances
in which citizens would watch the meeting via television and come down to City Hall to
speak in the second half of the meeting. He stated he believed it was important to keep
some spontaneity; a Council Member may make a comment that a citizen would like a
20
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
better explanation of, and he did not believe citizens should be stifled from commenting
at Council meetings. He explained he did believe the system could be improved to create
a better flow for the meeting.
Council Member Palmeri stated it would improve record keeping.
Council Member Pech stated it would also improve follow-up.
Council Member Panske questioned if it would be mandatory for citizens to sign up and
provide their information.
Ms. Lorenson explained that would be a decision for Council to make, however, at
present time Council rules stated that any citizen speaking would need to state their name
and address.
Council Member Panske stated citizens needed to state their name and address,not write
it down.
Mr. Rohloff stated it was frequently difficult for the City Clerk to decipher what the
citizen's name and address were.
Council Member Panske questioned if it was related to a law or if it needed to remain
consistent with the way things were completed presently.
Ms. Lorenson stated it was not a law; she explained it was good practice for record
keeping and minutes. She stated City staff made their best efforts to correctly interpret
the spelling of a citizen's name although it was often challenging which made accuracy
difficult.
Council Member Herman stated if the practice was adopted, the sign-up would become
part of the Council rules.
Ms. Lorenson stated that would be correct.
Council Member Allison-Aasby stated one of the reasons she would support the sign-up
sheet was it would allow for easier follow up with citizens.
21
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
Mr. Rohloff stated he believed it was an important conversation to have.
Council Member Palmeri stated she believed Oshkosh was generous compared to other
cities in terms of allowing citizens to speak. She explained at past meetings, although she
had written down names to the best of her ability, she did not have a way to reach out
and determine if the citizen felt satisfied with the response they received from City staff.
Council Member Herman stated he noted that Wauwatosa and La Crosse did not allow
for public comment at Council meetings, only during subcommittee meetings.
Mr. Rohloff stated that was not the route the City would like to take.
Council Member Herman agreed.
Mr. Rohloff stated there were several options to discuss.
Mayor Cummings stated it would help City staff be prepared to answer questions and
keep the meeting moving along efficiently.
Mr. Rohloff stated it also sent a message to the public that citizens were encouraged to be
involved.
Council Member Palmeri stated she would like to add a reminder that permission was
required to approach the dais. She explained she believed the five minute time limit was
a generous amount of time.
Council Member Pech stated that Council rules would allow for an extension on the five
minutes.
Mayor Cummings suggested it may make sense to review the meeting process for the
school board to keep continuity between the two meetings.
CITIZEN STATEMENTS TO COUNCIL
There were not citizen statements to Council.
22
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Council Member Panske stated there would be an event in downtown Oshkosh on
Saturday, April 291h and Sunday, April 301h12017 with approximately 70 artists,
including 20 local high school students, exhibiting their artwork. She explained on
Sunday, April 301h at 2:00 p.m. in the Grand Opera House Square, there would be a
meeting to join hands in a chain of solidarity to come together to let creative minds
speak and be heard. She encouraged the public to attend. She stated there was a
Facebook page dedicated to the event and questions could be directed to an email
address, Christian@matchbookstudios.com.
CITY MANAGER ANNO UNCEMENT AND STATEMENTS
Mr. Rohloff stated there were no significant updates to the Arena project. He explained
the project was progressing and there were no serious delays. He stated City staff had
yet to receive the requested renderings of the alternatives for the Jackson/Oregon Street
Bridge from the Wisconsin Department of Transportation (WDOT).
Mr. Rabe stated he received an email from the WDOT explaining they had received the
latest renderings from their consultant and would provide comments to their consultant
after review. He explained the WDOT believed they should be able to provide the City
with a final version of the latest renderings in the near future. He stated the panoramic
photographs the WDOT were using had been taken at ground level by City staff.
Mayor Cummings explained this was an important decision for the City; annual
maintenance costs, development concerns and other contributing factors needed to be
considered. He stated it was a significant financial decision although the state would pay
for the initial bridge.
Council Member Pech stated the City would incur the cost of the bridge after it was built.
Mayor Cummings stated if the existing bridge was rehabilitated there may be a lessor
cost for the next 25 years.
Mr. Rabe stated based on a discussion with Mr. Rohloff he would be working on an
analysis based on the cost information from the WDOT related to the construction as well
23
PROCEEDINGS OF THE COMMON COUNCIL—APRIL 25, 2017
as an estimation of long term costs attributed to bridge maintenance. He explained he
would work with Trena Larson, Director of Finance, if necessary.
Council Member Palmeri stated if Council were to choose to rehabilitate the bridge, she
had concerns about the bicycle/pedestrian crossing and the river walk continuance. She
questioned if City staff would be able to look at potential complimentary crossing
enhancements that may mitigate some of the bicycle/pedestrian concerns.
Mr. Rohloff stated he had asked Mr. Rabe to include those items with the rehabilitation
option.
Council Member Allison-Aasby stated if the City were to choose a new bridge, City staff
would need to consider the implications of repairs as there presently were not any City
staff members assigned to such a duty. She explained if they made the decision to
rehabilitate the bridge, the state would be able to change ownership at any point and the
City may end up inheriting the bridge anyway. She stated they would need to consider
if repair work would be contracted out or completed in house with new City staff.
Mr. Rabe stated the City currently contracted with the Winnebago County Highway
Department to complete annual inspections on bridges owned by the City therefore there
may be an opportunity to continue and expand the partnership. He explained it was an
area that would require additional review.
MOTION: ADJOURN (Panske; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting recessed at 7:32 p.m.
PAMELA R. UBRIG
CITY CLERK
24
25