HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
JULY 11, 2017
REGULAR MEETING held Tuesday, July 11, 2017, at 6:00 p.m. in Council Chambers, City
Hall
Mayor Cummings presided.
PRESENT: Council Members Steven Herman, Caroline Panske,Jake Krause, Tom Pech
Jr., Lori Palmeri, 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 Steven Herman read the Invocation.
The Pledge of Allegiance was led by Council Member Herman.
CITIZEN STATEMENTS
Rob Patterson, 530 N. Main Street Apt 103, explained he was present to advocate for
himself and for others who utilized the City bus route. He stated he was concerned about
the stop near Target and the Affinity clinic on Koeller Street, as it was a hazard to cross
the street on foot due to traffic. He explained it was important to realize although it may
seem like an insignificant concern, it had an impact on many bus riders in the City.
Council Member Panske explained the same stop had been brought up at a previous
transit advisory board meeting. She stated the board was looking into the concern.
Mr. Patterson stated he would like to attend a transit advisory board meeting, however,
he believed there was confusing communication regarding the meeting dates.
Council Member Palmeri asked for Mr. Patterson to clarify what he meant.
Mr. Patterson stated there was often confusion regarding when the transit advisory board
would meet; there was no consistency.
1
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Jane Daugherty, 11 Canniff Court, complimented Sowers Construction for their work on
Say Shore Drive. She explained their crew manager had been helpful in controlling
traffic. She thanked both the public works and sanitation departments for their extra
efforts during construction.
Mr. Rabe thanked Ms. Daugherty and stated he would share her appreciation with his
staff.
Mayor Cummings stated he agreed the Say Shore Drive construction project had gone
smoothly.
CONSENT AGENDA
Report of Sills by the Finance Director
Approval of Cash Reports from January, February, March, April & May 2017
Receipt of Claims filed with the City's Insurance Company:
A) R.D. Harles for alleged damages to pet fence wire when replacing
sidewalk
B) April Chase for alleged damages from a vehicle fire
Resolution 17-336 Approve Amendment to Professional Service Agreement with
AECOM for Environmental Engineering for Buckstaff Property
($25,000.00)
Resolution 17-337 Award Sid to HD Supply Waterworks & Ferguson Waterworks for
2017 Water Materials & Brass Goods for Water Utility Division
($21,191.83 estimated)
Resolution 17-338 Award Sid to Capelle Bros. & Diedrich, Inc. for Teichmiller Park
Restrooms Update for Parks Department ($98,680.00)
Council Member Palmeri stated the project had a budget of $120,000 in the CIP, and it
appeared the bid came in under budget.
2
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Ray Maurer, Director of Parks, stated it had, although there would be architectural fees
that were not included in the bid that had been referenced in the staff memo. He
explained they would also be installing security cameras.
Council Member Palmeri asked for an explanation in the memo of the statement that
there would be approximately$110,000 remaining. She questioned if it had been a typo.
Mr. Rohloff stated no. He explained the $120,000 minus the architect and camera
installation fees there was approximately$110,000 remaining to award the bid.
Resolution 17-339 Award Bid to Rucinsky's Painting for Downtown Transit Center
Painting for GO Transit ($61,500.00)
Resolution 47 390 ,4,-.,-.,,ey Amendment to 2047 Capital i,,,,,,,,,r.,,, ent Vfeg,,.,,,, fEw
R;t.,,fside Cemetery Chapel R,,,-.aifs WITHDRAWN BY STAFF
Resolution 47 344 AEEef)t Penatio & "r r,,ev n o„eements with the E)1 r E KuenZi
Mien & Lab Restefa ien7 Tr fee R;t.,,fside r,,,,,,,,+efy r,h.,,e
into,ief Rest,,,,.,tie WITHDRAWN BY STAFF
Resolution 17-352 Approve Block Party Request/Thomas Haanen/to Utilize West 151h
Avenue between Iowa Street & Minnesota Street to Hold their
Neighborhood Block Party/July 22, 2017
Resolution 17-342 Approve Settlement Agreement with Menard, Inc. for Property Tax
Assessments for Tax Years 2016 & 2017 for Property Located at 2351
Westowne Avenue
Council Member Pech questioned if the resolution was related to the dark stores issue.
Mr. Rohloff stated yes.
Council Member Pech explained that big box retailers were claiming that their property
should be valued as an empty building. He stated Menards had impacted the property
taxes of both residential and business owners. He explained they had taken advantage
of a loophole, similar to Walgreens. He questioned if the total amount of property tax
3
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
that was shifted from Menards to homeowners and business owners in the City was
$25,398.
Mr. Rohloff stated yes.
Council Member Pech stated although it appeared to be a minimal amount, it was an
unfair shift from the large retailer to citizens of Oshkosh. He explained multiple big box
retailers used the loophole and while they provided a service to the community, the
community provided services to them in return and they were obligated to pay their fair
share. He urged citizens to contact their local legislators and Governor Walker to support
dark store reform.
Mayor Cummings explained he testified at the State Assembly in Madison in favor of
bills AB-386 and AB-387. He stated the chambers were full and it was a bi-partisan issue.
He stated he had closed his testimony by explaining big box retailers were an expense to
communities as they demanded significant infrastructure and many stores were closing
and going into bankruptcy. He stated there was a growing sentiment among many
communities that big box retailers may not be affordable any longer. He explained there
was a store in Oshkosh that had been vacant for 10 years. He stated other municipalities
had been forced to close libraries and had school district impacts as a direct result of the
dark store issue.
Council Member Pech stated he believed many municipalities testified in favor of
legislation fixing the loophole while the Wisconsin Manufacturers and Commerce group
testified against it.
Council Member Panske questioned if the settlement was in reference to the 2016 and
2017 tax years, or if it would impact taxes going forward.
Ms. Lorenson stated it was only in relation to the two years. She explained the 2016 tax
year was the subject of the current litigation and the 2017 tax year was included because
Board of Review was scheduled to begin July 121H
Council Member Panske stated unfortunately it was unknown if there would be litigation
for 2018 and 2019, unless legislation changed.
Council Member Pech requested Mayor Cummings repeat the bills for the public.
4
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Mayor Cummings explained the two bills were AB-386 and AB-387. He stated there was
significant bi-partisan support for the bills.
Resolution 17-343 Approve Appointment to Transit Advisory Board
Resolution 17-344 Approve Combination "Class B" Licenses & Special Class "B"
Licenses & Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-345 Modify Parking Regulations to Restrict Parking on 101h & 111h
Avenue from South Main Street to the end of the Street
MOTION: ADOPT (Panske; second, Palmeri)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Ordinance 17-346 Modify Parking Regulations on Mill Street
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Council Member Herman asked for an explanation of what kind of signage would be
implemented to warn citizens of the change in the intersection.
Council Member Pech explained that he believed Council Member Herman was
referencing a different resolution for a separate intersection.
Council Member Herman apologized for the confusion.
5
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Ordinance 17-347 Designate Ruschfield/Sawyer Creek Drive as through street at
intersection with Mockingbird Way (Mockingbird Way stops at the
intersection)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Council Member Herman asked for an explanation of how citizens would be notified of
the intersection change.
Mr. Rohloff stated residents had brought the concern forward to City staff. He explained
the change would not come as a surprise to the neighborhood.
Ms. Lorenson stated she lived in the neighborhood and the intersection currently had a
yield sign, which would be replaced with a stop sign. She explained there had not been
notification when the yield sign was installed. She stated it was a frequent topic of
discussion within the neighborhood.
Council Member Herman stated he did not believe it was a heavy traffic area.
Ms. Lorenson stated it was primarily residents.
Mr. Rohloff stated vehicles were not yielding at the yield sign as they should. He
explained he was not a fan of yield signs and was in favor of installing the stop sign.
Mayor Cummings stated he believed it had been discussed at the neighborhood
association meeting.
6
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Ordinance 17-348 Approve Closure of South Main Street (USH 45) at 141h Avenue (Staff
Recommends Waiving the Rules & Adopting on First Reading)
MOTION: SUSPEND RULES (Pech; second, Herman)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
MOTION: ADOPT (Pech; second, Palmeri)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Council Member Pech questioned when it was anticipated that work would begin on the
project.
Mr. Rabe stated he had not seen the construction schedule from the contractor yet; he
stated the pre-construction conference was scheduled in the near future. He explained it
would not be closed during EAA. He stated message boards would be in place at least a
week in advance prior to closure.
Council Member Herman questioned if Oregon Street would be closed at the same time.
Mr. Rohloff stated the work on Oregon Street would not disrupt traffic.
Resolution 17-349 Approve Operator License (Staff Recommends Denial)
MOTION: ADOPT (Pech; second, Panske)
LOST: Noes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
MOTION: APPROVE FINDINGS WITH CORRECTION (Herman; second,
Panske)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Ms. Lorenson explained the purpose of the resolution was to determine whether an
operator's license should be issued to Cole Wiley Stephen Mueller under Chapter 125.
She explained Council was provided a copy of the application and a recommendation
7
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
from Dean Smith, Chief of Police, explaining why he believed the license should not be
issued, as well as an explanation from Mr. Mueller as to why he believed the license
should be issued. She stated she provided Council with a memo explaining the
procedure and law governing the issuance of licenses. She explained it would be
beneficial for Chief Smith to explain his recommendation and then allow Mr. Mueller to
respond.
Chief Smith stated it was his responsibility to investigate each applicant for an operator's
license to serve alcohol in the City. He explained during the investigation it was
determined that Mr. Mueller had been charged with operating a motor vehicle while
intoxicated on December 20th,2016 after being involved in a motor vehicle crash, and was
convicted of the charge on March 8th, 2017. He stated on January 3rd, 2017, only 14 days
after he was charged with the first offense, he was charged with a second offense of
operating while intoxicated as well as operating with a restricted controlled substance.
He explained the report indicated that he admitted to driving and smoking marijuana.
He stated it should be noted that both incidents had occurred within the last 6 months
and Mr. Mueller had not reached the legal age of drinking (21 years of age). He explained
he did not believe Mr. Mueller was qualified for an operator's license due to a pattern of
behavior showing a disregard of the law and the circumstances of the two incidents were
directly related to the license activity of serving alcohol. He stated the license would
allow Mr. Mueller to serve alcohol at any establishment that sells it, including taverns,
restaurants and convenience stores. He explained the pattern of behavior occurred
within 6 months of the application for the license.
Cole Mueller, 3758 Summerset Way, stated the incidents did occur within the last year,
however,he needed to remain employed to pay for his fines. He explained he would like
to obtain employment at Pantry 76 on Jackson Street. He stated the store did allow for
the retail sale of alcohol although it was not an open bar. He explained he was attending
UW Oshkosh and wished to obtain an operator's license and move forward from his
actions. He stated he knew he had a long string of defiant actions in the past and would
like to change. He explained the second operation while under the influence charge was
pending and he had secured an attorney to address the charge.
Ms. Lorenson stated Mr. Mueller had been charged although not convicted of the second
offense.
Council Member Pech asked for an explanation of the status of the second charge.
8
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Ms. Lorenson indicated that it was pending; there had been no conviction for the charged
offense. She stated Wisconsin Circuit Court Access showed motions that had been filed.
Council Member Pech questioned what motions were filed.
Ms. Lorenson stated there were no additional details to the motions.
Council Member Pech stated there were several other employers in the area.
Mr. Mueller stated yes, although he did not have a driver's license and the convenience
store was within walking distance from his residence.
Council Member Pech stated there was a used car lot, a service garage and two franchised
automobile dealers within the same area.
Mr. Mueller stated the owner of the convenience store was willing to work around his
school schedule.
Council Member Pech stated in Mr. Mueller's explanation he stated that he needed to
work at a particular location due to its proximity to his residence. He explained he was
pointing out that there were several other places of employment that would not require
the operator's license within the same proximity. He questioned if Mr. Mueller had
approached any of those locations for employment.
Mr. Mueller stated not yet.
Council Member Palmeri questioned if Mr. Mueller was presently enrolled at UW
Oshkosh.
Mr. Mueller stated yes.
Council Member Palmeri questioned if he was aware there were employment
opportunities available on the university campus.
Mr. Mueller stated yes, although those employment opportunities required work study.
9
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Council Member Palmeri stated she understood there were challenges, however, it
appeared as though Mr. Mueller was putting substantial emphasis on gaining
employment through just the one business. She explained she did not believe it would
be an appropriate employment situation at this point, as Chief Smith had indicated.
Council Member Krause stated he appreciated Mr. Mueller attending. He recommended
utilizing a bicycle as a means of transportation. He explained while Mr. Mueller would
have the opportunity to grow from his past, it may be best that he avoid situations in
which decisions regarding alcohol were involved at this point in time.
Shawn Mueller, 3758 Summerset Way, stated she was Cole Mueller's mother. She
explained when he received the first OWI he had gone to assist a friend and had not
intended on driving. She stated he had not been involved in a crash, just slid into a
snowbank. She explained he was remorseful for his actions. She stated the second
situation was pending and they had obtained legal counsel as she believed it was an
unfair situation. She explained he was not driving while smoking marijuana;he had been
in a parking lot and was approached without any reason. She stated she was aware of
other bartenders who had received OWI's and police officers that choose to break the
law. She requested the license be issued, even on a temporary basis. She explained while
she understood bicycles and public transportation were an option, the location of his
current employer was convenient and worked well with his school schedule. She stated
he had made significant progress since the incidents and is on the right path.
Ms. Lorenson explained Council would motion in the affirmative to approve the
resolution; a yes vote would grant the license and a no vote would deny the license. She
stated if the license was denied, Council would then need to review the draft of the notice
provided to make sure it aligned with Council's decision.
Council Member Allison-Aasby questioned if the license was denied, would Mr. Mueller
be able to reapply.
Ms. Lorenson stated yes. She explained Mr. Mueller would be able to apply at a future
date after more time elapsed since the incidents.
Council Member Krause stated it was his understanding that Mr. Mueller would not need
to begin repayment of his student loans until after graduation and it was likely he would
receive his ability to have a driver's license in the future.
10
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Mr. Mueller stated his ability to have a driver's license was dependent on the pending
charge, although he may receive it in July.
Council Member Palmeri questioned if Mr. Mueller would have the ability to obtain an
occupational license.
Ms. Lorenson indicated there were provisions in place for occupational licenses,
however, she was not aware of the details.
Council Member Allison-Aasby stated she understood Chief's Smith recommendation
and also understood her fellow Council Members' positions. She explained what she
struggled with was oftentimes when mistakes were made, and there were challenges
presented, a person became trapped in a cycle. She stated it was not Council's role to
make a judgement on an individual's ethics or character and she believed it was a
challenging decision. She questioned if Mr. Mueller had looked into an occupational
license.
Mr. Mueller stated that he had.
Ms. Mueller explained it was not cost effective. She stated the initial denial of the
operator's license had resulted in Mr. Mueller losing hours at the convenience store. She
explained he was having a difficult time finding an employer that would work with his
school schedule. She stated he participated in a voluntary testing program and was
receiving counseling at the university.
Council Member Palmeri questioned if Council was able to put any restrictions or
contingencies on a license.
Ms. Lorenson stated no; what a license allowed him to do was defined by state statutes.
She explained Council's role was to determine whether or not an applicant was qualified
to hold a license.
Council Member Pech stated it was a difficult decision. He explained he was concerned
about the timing of the two incidents, in addition to the statements that Mr. Mueller had
only been driving to help someone and that 'other people' do the same thing. He stated
he appreciated that Mr. Mueller was going to school and making an effort to move
forward. He explained he believed there were alternative forms of employment
11
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
available, including opportunities at the university. He questioned if he had made any
inquiries into that type of employment.
Mr. Mueller stated he was on academic probation which had an impact on the ability to
gain employment through the university.
Ms. Mueller stated Mr. Mueller was now living at home and making an effort to move
forward with his life.
Council Member Palmeri stated there were jobs on the perimeter of the university that
were within walking distance that were not university associated.
Council Member Herman stated the license activity would be directly related to the
charges brought against Mr. Mueller. He explained Council's role was not to make sure
Mr. Mueller had a job; in this instance it was to abide by the state statutes.
Council Member Palmeri stated she agreed. She explained Mr. Mueller's decision to
drive after consuming alcohol was directly related to the license activity.
Ms. Lorenson read the notification of non-issuance to allow for Council to make any
changes prior to approval.
Council Member Pech requested a typo be corrected from 'on conviction' to 'conviction
on'.
Ms. Lorenson stated after the Mayor signed the findings, the City Clerk would send it
out.
12
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Resolution 17-350 Approve Tax Increment District No. 33 Project Plan; Designate Tax
Increment District No. 33 Boundaries; Create Tax Increment District
No. 33 Lamico Redevelopment
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Kyle Bach, President/CEO Annex Student Living, explained part of their investment
thesis was campus and community support. He stated UW Oshkosh had embraced
Annex as an alternative to housing for students as had the community. He explained
their mission statement reflected the desire to serve as a catalyst for economic growth.
He stated the Lamico site appeared to be the final piece to redevelop in the immediate
area and he looked forward to helping complete the project.
Mayor Cummings questioned if the addition of Annex as an alternative to student
housing in other communities had driven the improvement of other rental properties as
a result of competition.
Mr. Bach stated that it had. He explained student housing consisted of either dormitories,
student housing similar to what Annex provided, and shadow market properties such as
single family rentals and duplexes. He stated in other communities the shadow market
properties were forced to improve their assets to remain a viable competitor.
Council Member Palmeri stated within the plan there was no plan for underground
parking, only surface parking. She explained there was very little greenspace and
questioned why underground parking had not been sought to allow for additional
greenspace/impervious surface. She stated the large parking lot did not fit in with the
surrounding character.
Mr. Bach explained their typical structure utilized a .7 parking spaces per bed parking
ratio. He stated there was a courtyard with patio space and landscaping included in the
proposed design. He explained it was not their intention to have the building
surrounded by blacktop and they would meet all local codes.
Mayor Cummings stated he believed there would be a park almost directly across the
street.
13
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Allen Davis, Director of Community Development, stated that was correct; the units
would be across the street from the access point to the river walk, and a park was part of
the plan.
Council Member Palmeri questioned if they had calculated the cost of underground
parking.
Mr. Bach stated he was not certain that specific calculations had been conducted,
although he was aware that an underground parking structure cost approximately
$18,000 per stall and therefore cost prohibitive to the project.
Council Member Palmeri questioned if he had stated that they had not done the
calculations although they had determined that it was not financially feasible.
Mr. Bach stated based on the average cost of underground parking, they were aware it
was not worth the time to work the calculations into the project. He explained it was a
possibility if there was enough demand in the future to warrant the construction of
additional units.
Darryn Burich, Planning Services Manager, explained environmental remediation would
also impact the potential for underground parking. He stated the soil condition was not
optimal and the area had high ground water. He explained at least half of the parking
structure would need to be out of the ground.
Council Member Palmeri questioned if there had been discussion regarding increasing
the number of floors to offset the cost of the underground parking, or if the parking lot
was an economical way of capping off the environmental soil concerns.
Mr. Bach stated fiscal decisions were based off of what they were able to receive in rent.
He explained if they would need to shift the burden of cost onto the resident in the
amount of an additional $150 per bed, the rent would not be financially feasible in the
Oshkosh market.
Council Member Palmeri stated she believed the project was exciting based on what the
housing would do for the community, however, she still had concerns about the
impervious surface ratio. She questioned if the housing would be for students as well as
young professionals.
14
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Mr. Bach stated students were not a protected class in fair housing; their target market
was 18-26.
Council Member Palmeri stated it would take pressure off of the neighborhoods that
were dealing with the shadow markets. She explained she was cautiously optimistic that
the situation would improve because the Annex housing would be an affordable
alternative. She stated she was leaning towards supporting the project.
Council Member Herman questioned an item listed on the application, under soft cost
fees, that was described as other/miscellaneous for$619,000. He asked for an explanation
of those costs.
Mr. Bach stated it would include the televisions in the units, utility and miscellaneous
permit fees, unit furniture, art and design, developer overhead and project management
and construction inspections.
Council Member Herman stated he also had concern regarding the parking, however, he
believed the project fit into the central city plan, addressed the blight in the area,
enhanced opportunity for students and would be an asset to the university. He explained
he was appreciative that it would not be as lengthy as some of the more recent TIFs.
Council Member Pech stated an additional 310 residents across the street from the site of
a potential new supermarket was beneficial.
Council Member Palmeri questioned why the $75,000 for developer overhead would not
be covered under the $700,000 developer fee.
Mr. Bach stated it was not. He explained the company policy was a 4% development fee,
2% development contingency and 1% development overhead.
Council Member Allison-Aasby questioned if the City had approved a TIF that included
furnishings within the soft cost.
Mr. Davis stated the Best Western had included furnishings, fixtures and equipment.
Council Member Herman questioned outside of the TIF, what the City would be
obligated to do for the development.
15
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Mr. Davis stated the development agreement was in process. He explained the TIF would
pay for the environmental remediation and site preparation. He stated the City would
be responsible for some public infrastructure such as the trail, cul-de-sacs and pedestrian
connections. He explained if the project was not complete it was unlikely the City would
complete the trail or cul-de-sacs.
Council Member Herman stated it would be a 'pay-go' TIF which shifted the risk onto
the developer as opposed to the City.
Mr. Davis stated that was correct.
Mayor Cummings stated the project would eliminate a significant piece of blight in the
central city. He explained he was also appreciative that the project had the potential to
force landlords to improve their assets to remain competitive.
Council Member Herman asked for an explanation of how underground parking may
have impacted the new water tower in the area.
Mr. Davis stated the groundwater would be close to the surface and had been a concern
for other projects in the area.
Council Member Herman questioned what property remained to be developed in the
Marion Road area.
Mr. Davis stated there were three parcels, and two had existing options for development.
Council Member Herman questioned if the project had the potential to spur the
development.
Mr. Davis stated he believed it would help spur the development, especially in relation
to commercial development.
Council Member Herman questioned if the project would put any added stress into the
public infrastructure.
Mr. Rabe stated they had analyzed the sanitary sewer capacity and had the capacity to
handle the load from the structure. He explained water supply was not a concern.
16
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Council Member Herman questioned if the fire and police departments had been
consulted regarding the addition of a concentration of students in the area.
Mr. Rohloff stated City staff had been involved with the police and fire departments in
regards to long range planning for the area and had reviewed the impact on public safety.
Mr. Davis stated he believed cul-de-sacs were being constructed to allow for fire
department vehicle turnarounds.
Council Member Herman stated it was his understanding that the primary police
response to any calls would be from the Oshkosh police department and supplemented
by the university.
Mr. Rohloff stated yes and that Chief Smith would prefer to maintain that jurisdiction.
Council Member Palmeri questioned if Mr. Bach was familiar with the pub crawl that
occurred in Oshkosh twice a year.
Mr. Bach stated yes.
Council Member Palmeri stated she understood there would be onsite management at
the location. She questioned what plans they had in place to mitigate the repercussions
as locations in the area suffered significant vandalism and litter as a result of the pub
crawls.
Mr. Bach stated they were the developer and general contractor, not the property
manager. He explained they had hired a third party as the property management
company after a rigorous selection process. He stated they, along with their management
company offered a 'PAWS' program, which stood for philanthropy, academics, wellness
and social. He explained in addition to management and maintenance staff, they would
employ individuals as community ambassadors, similar to the role of an RA at a
university. He stated individuals between the age of 18-26 were making their own
decisions, however, the company would instill the culture that their everyday choices
would impact their life after college.
Council Member Herman requested the representative from Ehlers explain the financial
implications of the project.
17
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Jon Cameron, Municipal Advisor, Ehlers, explained they had prepared the project plan,
reviewed the cash flow analysis and conducted performa analysis. He stated the cash
flow demonstrated the district would close in approximately 13 years and the performa
analysis was included in the project plan; overall it seemed to be a worthy project.
Resolution 17-351 Approve 2017 Great Neighborhoods Capital Improvement Program
Funding in the Amount of$97,470.00
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby,
Mayor Cummings
Rob Casper, 2355 Parkside Drive, explained he was present on behalf of the Ferry
Crossing Neighborhood Association, and had written the application for the work at
Teichmiller baseball diamond. He stated the park was an asset to the neighborhood and
had received several recent updates, the last of which would be the baseball diamond.
He explained there was a number of children, especially from the YMCA, that utilized
the field, however they were only able to hold practice and not a game due to the
condition of the field. He stated North Youth baseball would contribute funding to the
project.
Jennifer Jenson, 2420 Parkside Drive, stated she was in full support of the Teichmiller
baseball diamond renovation. She explained the safety of the kids using the field was her
top priority, and the renovation would be an asset to the park and the neighborhood
association.
Rachel Palomaki, 1280 Fairfax Street, and Julie Kiefer, 2810 Fox Tail Lane, stated they
were present to represent the Sawyer Creek Neighborhood Association.
Ms. Palomaki explained the neighborhood association was seeking approval for the
buckthorn grant and a grant for a master plan for the neighborhood trail system.
Ms. Kiefer explained buckthorn was an invasive species that was a significant concern in
the neighborhood. She stated the neighborhood had been in existence for over 20 years
and there was not a master plan in place, and having a consultant develop a plan would
remove neighborhood politics from the situation.
18
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Ron Hansche, 52 Eveline Street, stated he was the coordinator for the Stevens Park
Neighborhood Association, and most of the items they had requested were related to
park safety. He explained the association intended to improve the accessibility of a
shelter, add a plaque identifying trees and install a bulletin board for the parks
department and the neighborhood association to promote events and information. He
stated they would like to install signage on both ends of a pathway through the park and
create a method for keeping vehicles off of the path.
Council Member Herman complimented the citizens for getting involved and joining in
the public/private partnership.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA
ITEMS
Mayor Cummings reminded Council of the first budget workshop on Wednesday, July
261h at 5:00 p.m.
Mr. Rohloff stated City staff would provide as much of the preliminary information as
possible.
Mayor Cummings explained discussion related to the request for greater City
participation in the Oshkosh Farmers Market would take place at the July 251h Council
meeting.
CITIZEN STATEMENTS TO COUNCIL
Dennis Reimer, 2235 Brookview Court, Apt G, stated he had a conversation with Mr.
Rohloff regarding the grounds at Sawdust Days. He explained they were dirty and
unsanitary. He stated he believed that the grounds at Winnebago County Park were
better suited for the event and was concerned Menominee Park would be damaged.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Council Member Krause explained he would like to request a presentation at the July 251h
Council meeting by ReThink Youth Coalition on the benefits of smoke free parks.
19
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
Mr. Rohloff stated the presentation would take place at the beginning of the meeting,
separate from citizen statements.
Mayor Cummings recognized City Attorney Lynn Lorenson for celebrating her 251h
anniversary with the City.
CITY MANAGER ANNO UNCEMENT AND STATEMENT
Mr. Rohloff explained the two final items related to Buckstaff demolition and remediation
charges were within the budget. He stated Statewide Razing would address asbestos
removal and Vinton Construction would facilitate the crushed gravel. He explained due
to the efforts of public works, the City was under budget for remediation of the site.
Council Member Herman stated he had received calls from concerned citizens
questioning when the City saved money on a street project if the funds needed to be
reallocated to the same type of program.
Mr. Rohloff stated that was correct.
Council Member Herman questioned if an approved storm water project came in under
budget, would the funds have to be allocated to another storm water project.
Mr. Rohloff stated that was correct and the only alternative was borrowing less funds.
Council Member Herman stated the calls had been in reference to over budgeting and
allowing the City to move the funds to other projects. He explained it was his
understanding that funds designated for a particular type of project had to remain with
the same type of project.
Mr. Rohloff stated yes.
Council Member Pech stated it was also related to arbitrage rules in relation to bonding.
Mr. Rohloff explained he believed that the arena project was on schedule with a first game
set for November 17th. He stated he had included a draft of the survey on boards and
commissions in the Council packet and welcomed any feedback. He explained the goal
20
PROCEEDINGS OF THE COMMON COUNCIL—JULY 11, 2017
was to get the survey out early the following week. He stated it was designed to allow
Council to compare responses from different types of groups.
Council Member Palmeri questioned if Council would review the response from the
boards and commissions first and then take the survey.
Mr. Rohloff indicated everyone would take the survey at the same time. He asked for
Council to provide any recommendations regarding the structure or content of the survey
as soon as possible.
Mayor Cummings stated each of the chairs of the boards and commissions would be
responsible for explaining the role of their committee.
Jane Daughterty, 11 Canniff Court, stated she had not been able to approach the podium
fast enough during citizen statements. She explained she was present on behalf of the
senior center to encourage individuals to attend the Food Truck Friday events at South
Park on July 141h and August 111h.
MOTION: ADJOURN (Panske; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 7:46 p.m.
PAMELA R. UBRIG
CITY CLERK
21
22