HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
MAY23, 2017
REGULAR MEETING held Tuesday, May 23,2017, at 6:00 p.m. in Council Chambers, City
Hall
Mayor Cummings presided.
PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Deb Allison-Aasby, Steven
Herman, Caroline Panske, Jake Krause, 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 Tom Pech Jr. read the Invocation.
The Pledge of Allegiance was led by Reese Meszaros from South Park Middle School; and
Sami Schulze from Lakeside Elementary School
INTRODUCTION OF CITY STAFF
Mr. Rohloff introduced John Ziemer, who was recently promoted to Assistant Fire Chief,
and explained he had been with the fire department since 1990 and had held every rank
in the department. He introduced Tim Heiman, who was recently promoted to Battalion
Chief, and explained he had been with the fire department since 2007 and had recently
completed the Executive Fire Officer Program at the National Fire Academy, which was
a prestigious program. He explained they were great additions to the City's management
team.
ACANTHUS AWARDS
Shirley Mattox presented the 2017 Acanthus Awards to Jeremy and Lori Herzog,for their
home on 310 Waugoo Avenue, and the DeVooght family,for their preservation and move
of the Schreiber house on Algoma Boulevard.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
LICENSE STATUS UPDATES
Mayor Cummings explained Council would need to review the applicants and determine
if the renewal procedures should continue. He stated the first applicant was Packers Pub,
1603 W. 201h Avenue.
Patrick Ruedinger, owner of Packers Pub, stated several individuals had been interested
in the property and the contingency of each of the negotiations had been whether the
establishment had a liquor license. He explained it would be difficult to move forward
with the sale of the property without a license.
Council Member Pech stated the facility had closed in August of 2015 and in May of 2016
the liquor license renewal had been approved through June 30th, 2017 based on
information that without the license it would be difficult to market and sell the
establishment. He explained it had been a year and there had not been any new
development.
Mr. Ruedinger stated they had been working with an interested party for 6 months who
ultimately decided not to proceed. He explained he continued to receive phone calls from
individuals interested in the property, one as recent as the day prior.
Council Member Pech stated they had shared the similar information with Council a year
ago and there had been no action. He explained he understood there could be no
guarantees, but questioned what assurance Mr. Ruedinger would be able to provide
Council that there would be action in the near future.
Mr. Ruedinger explained any potential offers were contingent on the liquor license.
Mayor Cummings questioned if the interested parties were planning to operate the
establishment as a bar.
Mr. Ruedinger stated three of the interested parties had planned for a bar and restaurant.
Council Member Allison-Aasby questioned if Mr. Ruedinger would be able to obtain a
letter of intent.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Mr. Ruedinger stated if time would allow he would request a letter of intent. He
questioned how long he would have to work with the interested party to put something
together.
Council Member Allison-Aasby explained she had hoped to see something tangible
during the Council meeting, however, two weeks would be acceptable.
Council Member Panske stated they held the license until June 30, therefore she did not
understand why they would not be promoting that during any potential sale.
Council Member Pech questioned when Council would take action on renewing the
license.
Ms. Ubrig stated there were license renewals on the agenda for that evening, as well as
for the next two meetings in June.
Council Member Pech stated he would prefer the letter of intent within two weeks. He
explained if the party was interested in the establishment they would be willing to
provide a letter in an effort to secure the liquor license.
Council Member Herman questioned when the non-renewal hearing would need to take
place.
Ms. Lorenson stated during the June 271h Council meeting and explained she would need
time for preparation.
Council Member Herman questioned who Mr. Ruedinger was working with to market
and sell/lease the property.
Mr. Ruedginer stated he previously had it listed with a realty company and there had
been no results. He explained he had signs up and listed the property on his own.
Council Member Herman questioned if he was trying to sell locally or if he had it listed
on a network of bars/restaurants for sale.
Mr. Ruedinger stated he did not have it listed within a network.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Council Member Herman stated Council would need to make a decision on proceeding
with the non-renewal process at June 131h Council meeting.
Council Member Pech requested the letter of intent and any other tangible proof that
there was an interested party prior to the meeting. He stated it should be delivered to
the City Clerk no later than June 131h
Ms. Ubrig indicated it should be delivered prior to that date for inclusion on the agenda.
Council Member Pech stated the deadline was June 6th, which gave Mr. Ruedinger two
weeks to gather the information.
Mr. Ruedinger agreed.
Mayor Cummings stated the next applicant was Robbins, 1810 Omro Road.
Wally Wagner stated he owned the former restaurant and had closed due to personal
illness June 30, 2016. He requested a renewal of the license and indicated he had listed
the property with a real estate company. He stated they had an offer to purchase from
an investor in October who planned to lease the property to a restaurant group from Oak
Creek. He explained although the investor had backed out, the restaurant group in Oak
Creek was still interested and engaged in negotiations. He stated the restaurant group
intended to invest in the establishment and ran a successful business in Oak Creek. He
explained they were in the process of acquiring financing. He stated they would bring a
bar/restaurant with live entertainment to Oshkosh. He explained he would not be able
to provide a letter of intent at this time, although they had visited the establishment
approximately five times since January.
Council Member Panske questioned if there had been additional interest outside of the
Oak Creek restaurant group.
Mr. Wagner stated there was an investor in Appleton that had been interested, although
he did not have a tenant lined up.
Council Member Panske questioned if his intent was to sell the business.
Mr. Wagner stated that was correct.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Council Member Herman stated he believed the property was being actively marketed.
He explained he had a discussion with several Chamber members who confirmed what
Mr. Wagner had described. He stated he was comfortable renewing the license.
Mr. Wagner stated he had failed to mention that he owned properties east of Robbins;he
had accepted an offer to purchase and the investors were in the process of developing a
hotel, which he believed would help spur interest in the Robbins property.
Council Member Allison-Aasby stated she was comfortable proceeding forward with the
renewal as she had known Mr. Wagner for some time and could attest to his honest
character. She explained she had witnessed activity at the establishment when driving
by.
Mr. Wagner explained they were actively working to sell the property as it was costly to
maintain while closed.
Mayor Cummings questioned if Ms. Ubrig needed further direction from Council.
Ms. Ubrig clarified that Council would like to proceed with the renewal for Robbins.
Mayor Cummings stated that was correct.
CITIZEN STATEMENTS
David Zerbe, 1031 Washington Avenue, explained he was present to share information
on complete streets. He stated complete streets were streets for everyone; they were
designed and operated for all users including pedestrians, bicyclists, motorists and
transit riders of all ages and abilities. He explained complete streets made roadways easy
to utilize and improved health and safety within the community. He stated it would help
lower transportation costs was good for the environment. He explained the benefits had
been proven through case studies, including data from Alexandria, Minnesota. He stated
he would like to see the City of Oshkosh adopt a complete streets policy; Appleton, La
Crosse, Madison and Milwaukee had already done so. He presented Council with
material detailing the program, which will remain on file in the City Clerk's Office.
Mayor Cummings questioned the date of the workshop at the university.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Mr. Zerbe stated it was in the evening on June 13th,which would conflict with the Council
meeting. He explained there was second workshop on June 141h during the day, which
was one of only 7 being presented throughout the country funded by a grant. He stated
he believed the workshop had been designed for government officials.
Council Member Palmeri asked for an explanation of complete streets.
Mr. Zerbe explained a complete street was designed to enable safe access for all users;
depending on the width of the roadway and amount of traffic, complete streets offered
different things. He described different options and explained the importance of green
space and permeable surfaces. He stated large crosswalks and bump-outs near
intersections were common, causing motorists to slow down and shortening the distance
the pedestrian was in the street. He explained a complete street was for everyone;
automobile, bicycle and on foot.
PUBLIC HEARING
Resolution 17-246 Approve Final Resolution for Special Assessments — Contract No.
17-12 Miscellaneous Utility Improvements
MOTION: ADOPT (Herman; second, Palmeri)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt & Filing of Common Council Minutes from April 11, 2017
Receipt & Filing of Museum Board Minutes from April 6, 2017
Resolution 17-247 Approve Initial Resolution for Special Assessments for Storm Sewer
Laterals /Various Locations with Signed Waivers
Resolution 17-248 Approve Acceptance of Waivers of Special Assessment Notices &
Hearings
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Resolution 17-249 Approve Final Resolution for Special Assessments for Sewer
Laterals /Various Locations with Signed Waivers
Resolution 17-250 Approve Initial Resolution for Special Assessments for Storm Sewer
Laterals /Various Locations
Resolution 17-251 Approve Amendment to Engineering Services Agreement with
McMahon Group for Design & Preparation of Construction
Documents for the Urban Reconstruction of North Main Street (from
New York Avenue to Murdock Avenue) ($79,511.00)
Resolution 17-252 Approve Agreement with NES Ecological Services for
Implementation of Storm Water Detention Basin Vegetation
Maintenance Program ($116,156.48)
Resolution 17-253 Approve General Development Plan for New Parking Lot; 220-224
Viola Avenue & 227 West Linwood Avenue (Oaklawn Elementary
School) (Plan Commission Recommends Approval)
Resolution 17-254 Approve Special Event — Oshkosh Area School District (OASD)
Community Learning Centers to utilize Menominee Park for the
Community Learning Centers of the OASD End of Year Celebration
event/June 1, 2017
Resolution 17-255 Approve Special Event — Cool Events LLC to hold the Bubble Run
5K on the Experimental Aircraft Association (EAA) grounds / June
3, 2017
Resolution 17-256 Approve Special Event — St. Jude the Apostle Parish to hold their
Parish Picnic/June 16-18, 2017
Resolution 17-257 Approve Special Event — Silver Star Brands to utilize Menominee
Park for their Team Member Appreciation Day/June 22, 2017
Resolution 17-258 Approve Special Event — Oshkosh Elks Lodge #292 to utilize
Rainbow Park for the Oshkosh Elks Sheepshead Fishing
Tournament/July 15, 2017
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Resolution 17-259 Approve Special Event—Lourdes Academy to utilize City streets for
the Lourdes Academy Eucharistic Procession/August 31, 2017
Council Member Palmeri stated she appreciated the inclusion of the maps with the
applications. She explained she understood Witzel Avenue would be closed between
8:00/8:30 a.m. and questioned if closing down a major street during an active commute
time was standard.
Kathy Snell, Special Events Coordinator, stated it would not be a full closure of the street;
it would only be closed while they crossed the intersection.
Council Member Palmeri questioned if it would be a quick closure.
Ms. Snell stated it would be a short period of time.
Resolution 17-260 Approve Special Event—UW Oshkosh Department of Residence Life
to utilize City streets for the Residence Hall Move In Days /
September 2 —4, 2017
Resolution 17-261 Approve Special Event — Oakbrook Church to utilize Sawyer Creek
Trail & City streets for the Babies for Heaven 5K Run Walk/October
14, 2017
Resolution 17-262 Approve Special Event — Oshkosh Downtown Business
Improvement District (BID) to utilize City streets for the Downtown
BID Holiday Parade /November 16, 2017
Resolution 17-263 Approve Block Party — Gregg Lux to utilize Evans Street between
Nevada Avenue & Custer Avenue to hold a neighborhood block
party/August 12, 2017
Resolution 17-264 Approve Council Member Appointments
Resolution 17-265 Approve Appointments to Boards & Commissions
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Resolution 17-266 Approve Special Class "B" Licenses, Operator & Taxicab Licenses
MOTION: ADOPT CONSENT AGENDA (Panske; second, Herman)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-267 Designate Bicycle Lanes & Modify Parking Regulations to Restrict
Parking on West Side of Westhaven Drive from 91h Avenue to Patriot
Lane
MOTION: ADOPT (Panske; second, Krause)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-268 Approve Zone Change from RH-35 Rural Holding District to HI
Heavy Industrial District for Property Located North of Atlas
Avenue & East of Global Parkway; Southwest Industrial Park (Plan
Commission approved)
MOTION: ADOPT (Pech; second, Palmeri)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-269 Modify Parking Regulations on 171h Avenue
FIRST READING; LAID OVER UNDER THE RULES
Resolution 17-270 Approve Annual City Licenses (Renewals)
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Resolution 17-271 Approve Tax Increment District No. 32 Project Plan; Designate Tax
Increment District No. 32 Boundaries; Create Tax Increment District
No. 32 Granary Redevelopment (Plan Commission Recommends
Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (4) Pech, Allison-Aasby, Herman, Mayor Cummings
Noes (3) Palmeri, Panske, Krause
Council Member Pech stated he appreciated the press providing coverage for City topics,
and he understood that there was limited airtime/column space, however, it had been
stated that the TIF was for a restaurant. He explained the other pieces of the development
had not been mentioned. He asked for an explanation of the TIF.
Allen Davis, Director of Community Development, explained that it was a blight
elimination project which was required of a TIF project; the building had been vacant for
over 10 years and had fallen into a state of disrepair. He stated the City did not dictate
the types of uses that would compose a TIF district; they looked at future revenues and
jobs.
Council Member Pech questioned if the project fit within City policy.
Mr. Davis stated that each TIF project went through a scoring process to determine if it
would meet applicable criteria, and the project received high scores.
Darryn Burich, Planning Services Manager, explained it was not just a restaurant project;
it was a blight elimination project. He stated the project would result in a rehabilitated
building with a restaurant and an office space for an employer who was moving and
expanding their workforce. He explained when they tied the project back to the City's
comprehensive plan, they linked it to items such as revitalizing the south shore area and
rehabilitating a landmark structure. He stated it would preserve a significant historical
structure in the area.
Mayor Cummings explained that the Landmarks Commission had marked the location
over a year prior, which would allow the developer to retain a great deal of the historic
character of the interior.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Mr. Davis stated the project scored high in multiple criteria categories, and he believed it
was a worthy project for a TIF.
Council Member Herman asked for an explanation of the improvements to the river walk
that would be incorporated into the project.
Mr. Davis stated they were working on the south shore of the river walk and most of the
work had been complete in the Morgan District area. He stated City staff expected the
river walk to go east to the Pioneer Island area. He explained until they were able to get
through the Sweetwater Marina area, they would need to go around the perimeter,
similar to the Mercury Marine area. He stated the developers were proposing
streetscaping and beautification with landscaping to the area.
Council Member Herman asked for an explanation of the proposed improvements to 51h
Avenue.
Mr. Davis explained the area between The Granary and Sweetwater was a public right of
way, and was in disrepair. He stated the developers were proposing to make
improvements on their property and the public right of way to allow for additional
parking for customers to the businesses, as well as delineating the location of the public
right of way.
Council Member Herman asked for an explanation of the length of the TIF.
Mr. Davis explained the developers had requested the 'pay-go' TIF based on the rate of
return on their investments and it was possible to ask for 90% for the entire 27 years. He
stated he believed that would be justifiable based on their single digit rate of return. He
explained the details would be included in the development agreement.
Council Member Herman requested the representative from Ehlers to provide a brief
analysis of the TIF.
Todd Taves, Senior Municipal Advisor, Ehlers, explained the statutory life of a TIF was
27 years. He stated Ehlers had estimated a 22 year span based on cash flow projections,
and the point in time where the amount that the developer had requested would be
attained. He explained the tax increment district would be expected to close in 22 years
although there was the possibility it could remain open for 27 years. He explained
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
without TIF assistance the developer would receive an investment return of 2% and with
the assistance they would receive a return of approximately 5%. He stated the developers
financial statements/projections had been reviewed and determined to be a reasonable
forecast. He explained an investor that was strictly motivated by a profit on the project
would not be motivated by a 5% return.
Mayor Cummings asked for an explanation of a 'pay-go' TIF.
Mr. Taves explained when a gap occurred between the costs of a project and the
developer's capital, the developer needed to find an alternative source to make the project
profitable at an acceptable level. He stated one option to fill the gap was to have the City
borrow the funds or apply funds from another source and give the funds to the developer
up front; the City would then use the tax increments to repay itself or to pay the debt
service obligation. He explained a 'pay-go' TIF was reversed; instead of the City using
the tax increments to repay its own debt, it would provide the stream of increment to the
developer who would take the proceeds to a financial institution in exchange for a loan
against the future stream of income. He stated it shifted the risk from the City to the
developer.
Council Member Palmeri asked for an explanation of a developer vs a City led 'pay-go'.
Mr. Taves stated if the City were to finance the improvements, they would be able to
borrow at a lower cost of capital than the developer.
Council Member Palmeri asked for an explanation of the future costs the City could incur
in a City led 'pay-go' project.
Mr. Taves explained when the 'pay-go' approach was used instead of the City providing
the money up front, the deal would ultimately have a higher cost because the developer
would not be able to obtain capital at the types of rates that the City could. He stated the
City would accept that the tax increment district may take longer to pay off due to the
developer's higher cost of financing as a tradeoff for shifting the risk onto the developer.
Council Member Krause questioned what portion of the projected 5% return was related
to the restaurant.
Mr. Taves stated the projection was not broken down to that level of detail.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Council Member Palmeri stated half of the project was not historic, in terms of the add-
on building portion that was designated to be the restaurant. She indicated the City was
attributing some of the scoring criteria to historic preservation, and asked for an
explanation of how the entire project should be permitted to receive that scoring when
only a portion of the property was historic.
Mr. Davis stated he did not believe it was possible to separate the historic vs non-historic
portions of the property in relation to criteria scoring as it was physically one big project.
He explained City staff determined rehabilitation of the structure from 1883 was historic
preservation, especially in light of the landmarks commission's decision to mark the
property as historic. He stated the projection for the value of the project was
approximately$710,000 although he hoped it may be higher in the future.
Council Member Palmeri stated that she admired the quality of the work of the architect,
Chet Weisenberg. She explained she appreciated the project from a design standpoint,
although she understood there were concerns about the delay in realizing some of the
financial benefits from the project. She stated she was aware the building had been vacant
for some time, although she was concerned that the plan commission had only discussed
the project for approximately six minutes in their meeting. She explained the project was
adjacent to another TIF district that had been created to spur catalytic development; she
stated she did not believe it was anticipated that the created development would be
something that required an additional TIF. She stated she would not support the
approval.
Council Member Herman questioned if the applicable state statutes had been followed
for the TIF application.
Mr. Davis stated that it had.
Council Member Herman stated the information had been reviewed by Ehlers and the
City Attorney. He questioned if everything required by law was being covered.
Mr. Davis stated it was.
Council Member Herman questioned if the project followed both the City's TIF policy
and state statutes.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Mr. Davis stated it did.
Mayor Cummings stated it was significant to note that a historic structure was being
saved while eliminating blight in an area that was seeing new life related to the stadium.
He explained the property had been an eyesore for over a decade and he commended the
developers for their initiative. He stated it was necessary to look at the overall impact to
the City and the revitalization of the Sawdust District. He explained he would support
the approval.
Council Member Allison-Aasby explained she would have preferred to have the property
rehabilitated without a TIF, however, there had not been any interested parties within
the last ten years. She stated with the recent revitalization to the district, if the City chose
to wait, they may have a developer purchase the property, however, they may not be
from the area which has proved problematic in the past. She explained she was not
pleased with the potential of a 22 year TIF and would like to have further discussion on
the length in the future. She stated she had heard individuals state that the TIF was
specifically for a restaurant, which was not true, the TIF was for the entire project and the
building. She explained the project was supported by the City's TIF policy, and while
the City had approved other TIFs in the past that ultimately resulted in a building with
no tenants, it was her understanding that there were two immediate leases for the
building. She stated Council was not able to decide what types of businesses would
occupy the space and there was a benefit to having already secured two tenants. She
explained one of the deciding factors in the City deciding to invest tax funds in the
downtown hotel was that they expected to see growth in other developments follow. She
stated she understood that Robbins was looking at rehabilitation without a TIF,however,
she explained there was a significant difference in location as Robbins was located
immediately off of highway 41. She explained the Granary would have 1.4 million in
renovations, and the TIF funds only accounted for a portion of those funds; the developer
would still make a significant capital contribution. She stated she understood on paper
it appeared questionable, however, when the bigger picture was examined, there was
substance.
Mr. Davis explained Council would have an opportunity to review the development
agreement; there was a look back clause at the ten year mark to review the progress. He
stated if the developer was exceeding the anticipated return percentage, the City would
be able to decrease the TIF assistance. He explained the hope of City staff was to see the
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
south shore experience an appreciation in value, and he would like to see the developer's
rate of returns increase to the point where the City would not need to remain as involved.
Council Member Palmeri stated she had voted in favor of TIFs in the past, most recently
for the arena, with the understanding that the development would not move forward
without TIF assistance. She explained she believed the TIF needed to be approached by
considering if nothing would develop in the location for 22 years should the City not
approve TIF funding; she stated she was not convinced that was true.
Council Member Pech stated nothing had developed during the past 10 years and the
location had sat vacant.
Mr. Davis stated that was his understanding.
Council Member Pech stated there was not a guarantee if this development did not
proceed that another opportunity would arrive in the next 20 years. He explained he
understood Council needed to act as good stewards of the taxpayers' money and the
developers were local and invested in the community. He stated they had already
invested money into the project and were ready to move it forward. He explained it was
a benefit that there were two lease agreements ready to be signed by tenants. He stated
he supported approving the TIF as the property had sat idle for ten years, and with more
time the property would continue to deteriorate and may get to the point where
rehabilitation becomes too cost prohibitive, and the City would lose a historic building.
He explained this project was an opportunity to rehabilitate a historic structure and
revitalize a neighborhood. He stated he was not willing to wait and risk losing the
development and would support approving the TIF.
Mayor Cummings stated there had been homes of historical significance located within
the central City that had deteriorated so badly the City had to purchase the properties
and level them; now the City had two empty lots that would likely remain empty. He
explained once deterioration happened it eventually would begin to accelerate and at
some point residents would pressure the City to take action on the eyesore. He stated the
project was part of the long term vision for the City.
Council Member Herman stated the added benefit of the river walk would happen with
the project at a minimal cost. He explained the developers had been invested in Oshkosh
for some time and were members of the community, not an outside developer, which the
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City had experienced trouble with in the past. He stated the City was protecting itself by
utilizing a 'pay-go' TIF and had met state statutes requirements. He explained the
historic building had been vacant for ten years and had experienced problems related to
deterioration including mold. He stated Council had approved the TIF for the Beach
building and it was already filled with tenants, and it appeared from the lease agreements
that the Granary would follow suit. He explained he would support the approval.
Council Member Allison-Aasby questioned if either tenant had an investment in the
property.
Mr. Davis stated not that he was aware of.
Chet Weisenberg, 240 Algoma Boulevard, stated he was a minority partner in the
restaurant. He explained he had been invested in the real estate portion for over a year,
working towards making the development happen. He stated he had become invested
in the restaurant for the same reason, to help make the project move forward.
Council Member Krause questioned what percentage of the 5% projected return was
related to the restaurant. He stated restaurants frequently failed and if the return was
heavily based on the restaurant profit margins would be impacted.
Mr. Weisenberg stated approximately 40% was based on the restaurant.
Council Member Panske questioned how long the developers had been working on the
project.
Mr. Weisenberg stated he had been working on it for approximately 18 months.
Council Member Panske questioned why the developers had not come forward until
April 2017 with the TIF proposal.
Mr. Weisenberg stated as an architect he was often asked to work on projects where there
was not yet a deal in an attempt to move the project forward. He explained they had bid
out portions of the project and the cost was prohibitive therefore the project had stalled.
Council Member Panske questioned what the developers planned to do if the TIF was
not approved.
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Mr. Weisenberg stated the tenants would back out and the developers would start the
process over.
Council Member Panske stated it was her understanding if the TIF was not approved, the
developers would seek out other ways to rehabilitate the building and find new tenants.
Mr. Weisenberg stated that would be a goal.
Council Member Allison-Aasby questioned who owned the property.
Mr. Weisenberg stated Andy Dumke and Cal Schultz.
Council Member Allison-Aasby stated she had a conversation with Mr. Dumke who had
indicated based on the rate of return that he had been interested in selling the property.
She explained she understood that Mr. Weisenberg and another individual had
expressed interest in keeping ownership of the property local. She stated Mr. Dumke had
stated he had then reconsidered. She explained based on the magnitude of the project,
she questioned Mr. Dumke why he would take development on. She stated he had
indicated that the project was 'in his backyard' and the other individuals on the project
had ties to the community. She explained she would have preferred the developers
finance the project on their own, however, there had not been interest in developing the
property in ten years and there was a benefit to having local investors.
Council Member Palmeri stated she believed TIF had been a useful tool during times
when development was challenging. She explained the City was starting to see benefits
from utilizing the tool and would continue to see TIF applications coming forward. She
stated she believed if the City was successful in redevelopment efforts in the south shore
area, it should spur both out of pocket investments and shorter TIF investments.
Mr. Weisenberg stated he appreciated the questions although he believed the fact that the
developers were willing to move forward with a 5%return should speak volumes to their
commitment to the project.
Council Member Pech stated he understood.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Resolution 17-272 Approve Specific Implementation Plan for Planned Development of
50 W. 61h Avenue & Parking Lot East of 40 W. 61h Avenue (The
Granary) (Plan Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (4) Pech, Allison-Aasby, Herman, Mayor Cummings
Noes (3) Palmeri, Panske, Krause
Council Member Herman asked for an explanation of the resolution.
Mr. Davis stated it was related to the physical improvements of the Granary that were
part of the TIF. He stated the developer would pay for the proposed sidewalk and street
improvements up front. He explained the City Assessor had estimated the value of the
completed property to be approximately 1.6 million.
Council Member Herman questioned if there was a parking lot proposed.
Mr. Davis stated the parking lot would be located at the corner of Nebraska Street and 61h
Avenue on a site that was currently owned by the Redevelopment Authority (RDA).
Council Member Herman questioned if the RDA would sell the lot to the developers.
Mr. Davis stated they would.
Council Member Panske stated according to the plan commission minutes, there had
been a concern expressed by a Mr. Koeppler. She questioned if the concern had been
resolved.
Mr. Davis stated yes; once Mr. Koeppler understood that it would be an easement to the
City, he was satisfied with the easement requirement.
Resolution 17-273 Support GO Transit's Application for Section 5339 (c) Grant Program
Funding for an Electric Sus Replacement Project
MOTION: ADOPT (Panske; second, Krause)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
Council Member Herman stated he had witnessed a City bus being towed recently, and
he believed it was one of the electric buses. He questioned if the electric buses were truly
saving the City money.
Jim Collins, Director of Transportation, indicated it had been a hybrid bus that was
towed. He stated the newer technology burned particulates which made the exhaust
cleaner, and the filter on the hybrid had become plugged, which was an isolated incident.
He explained the City had been awarded grants within the last two years to purchase
replacement buses and the ones they had purchased were diesel. He stated the grant
application was for the purchase of an electric bus, which were different from the hybrids
as they were 100% electric. He explained it was newer technology and becoming the
trend that most transportation departments were investing in;Oshkosh would be the first
municipality in Wisconsin that would have an electric bus. He stated because it was not
a hybrid they would not experience as many maintenance issues. He explained City staff
were not certain they would receive the grant due to limited funding, however, believed
it was worth applying.
Council Member Herman questioned if there would be a local match.
Mr. Collins stated there would be a 20%local match which would be included in the CIP.
Council Member Herman questioned if the match total was $168,000.
Mr. Collins stated that was correct. He explained a diesel bus cost approximately
$450,000 and the hybrids cost up to $800,000 and the grant was 80/20, therefore the City
would likely purchase one electric bus instead of two diesel.
Council Member Herman questioned if there was City staff capable of working with
completely electric buses.
Mr. Collins stated that the mechanics were highly skilled and had worked on the hybrid
buses and knew enough about the technology to become accustomed to the completely
electric.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA
ITEMS
Mr. Rohloff stated the meeting date with state and local legislators remained to be
determined. He explained June was a busy month due to budget preparation and
availability was limited; he recommended Council move the meeting to July. He stated
research had been ongoing in the boards and commissions study and City staff was
prepared for a workshop to be schedule for June 131H
Council Member Panske questioned how long the workshop would take.
Mr. Rohloff indicated it should last approximately 45 minutes. He explained he would
provide the report to Council in advance which would lessen the amount of time required
for the workshop. He stated he was not expecting Council to implement each of the
recommendations in the report, although he wanted to present each of the available
options.
Mayor Cummings explained he had been frustrated by trying to find participants for the
City's various boards and commissions. He stated the goal was to make the boards and
commissions reflect the diversity of the community.
Council Member Allison-Aasby stated it had been direction Council had provided to Mr.
Rohloff at the time of his review in 2016.
Mayor Cummings stated that was correct.
Council Member Palmeri stated they had experienced citizens questioning the purpose
of various boards/commissions and whether the City was operating efficiently. She
explained she looked forward to seeing some of the creative opportunities.
Mr. Rohloff stated compared to other municipalities, Oshkosh had a high number of
boards/commissions (26) although there were other municipalities that had similar
numbers. He explained he understood Council's goal was citizen engagement.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
There were no Council Member announcements.
CITY MANAGER ANNO UNCEMENT AND STATEMENTS
Mr. Rohloff stated additional construction work on the arena would begin after they had
received state approval for their revised building plans. He explained AECOM had been
contracted to work on the site development associated with the State Street parking lot.
He stated Bates Soil and Water Testing had started wetland delineation to gather
information on the condition of Lakeshore Golf Course.
Council Member Palmeri stated she had received questions from citizens regarding why
work was being complete in the middle of golf season and the reason behind the work in
general.
Mr. Rohloff stated a proper wetland delineation needed to take place during a specific
time of year, after winter melt off had occurred.
Council Member Palmeri stated the citizen who had contacted her would also like to
know the reason behind the work.
Mr. Rohloff stated City staff had received questions periodically about Lakeshore
Municipal Golf Course and he had directed City staff to complete the analysis. He
explained they had not been able to answer questions related to the site because they did
not have the information. He stated it did not mean the site was for sale. He explained
City staff had conducted a similar analysis with the Buckstaff site. He stated not having
the information prepared put the City at a disadvantage when answering inquiries from
prospective developers.
Brett Spangler, 2520 Hearthstone Drive, thanked Council Members Herman and Pech for
their longstanding dedication to Lakeshore Golf Course. He stated he hoped the support
continued. He explained the potential sale of Lakeshore Golf course to any private
company was frustrating and the pace of the wetland delineation seemed suspicious. He
stated he believed that the decision to sell had already been made. He explained he
believed that Council was aware that there would not be much public support for the
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PROCEEDINGS OF THE COMMON COUNCIL—MAY 23, 2017
sale. He stated Oshkosh Corporation, which was the rumored buyer, was a billion dollar
company and although he understood the benefits Oshkosh Corporation had brought to
the area, he believed they would be able to find alternative land that was not on public
property. He explained it set a dangerous precedent of selling public land to private
companies. He stated the golf course was a direct equivalent of Menominee Park, South
Park, Pollock Pool or any other public recreational space, yet it appeared to be treated as
another entity. He explained there was considerable undeveloped land within the City,
some of which was near the former Buckstaff building, that there was no reason to sell
public land that was utilized by the community. He stated an official press release from
the City stated the new 'Welcome to Oshkosh' signs cost $93,000 each, and totaled more
than the sum of the golf course's debt. He explained he understood the Oshkosh Area
Community Foundation had assisted with the purchase of the signs, and he believed had
they been informed that the golf course and parks were in need of help, funding may
have been provided. He stated he had been made aware of extensive renovations taking
place at South Park, which only made money through the rental of shelters, and therefore
the City must be losing money on that investment. He explained it was an example of
how the golf course was treated as an'outsider . He stated the skate park was funded by
the City although it made no revenue and was utilized by a lot fewer people than the golf
course. He presented a budget/service plan from Reid Municipal Golf Course in
Appleton to demonstrate that golf courses had the ability to make money. He
encouraged Council to explore every option in an effort to preserve the golf course. He
stated there was considerable wildlife that occupied the course and urbanizing the golf
course would threaten their environment. He explained he believed there were various
viewpoints that were not being represented. He thanked Council for their time.
MOTION: ADJOURN (Herman; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 8:05 p.m.
PAMELA R. UBRIG
CITY CLERK
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