HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST 8, 2017
REGULAR MEETING held Tuesday, August 8, 2017, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Jake Krause, Lori Palmeri, Deb Allison-Aasby, Steven
Herman, Caroline Panske, and Mayor Steve Cummings
EXCUSED: Council Member Tom Pech, Jr
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney; and James Rabe, Director of Public Works
Council Member Jake Krause read the Invocation.
The Pledge of Allegiance was led by Council Member Krause.
INTRODUCTION OF CITY STAFF
Mr. Rohloff introduced new City staff member Mark Lyons, Principal Planner, who had
a background in regional analysis, community development and geographic information
systems. He stated he had experience with zoning, code enforcement and GIS.
Council Member Herman questioned which part of the planning department he would
be focused on.
Mr. Rohloff explained as the principal planner he would take the lead on current
planning and he would be the City staff representative at plan commission meetings. He
introduced new City staff member Tracy Potter, Financial Accounting Manager. He
explained she would supervise the daily processes of collections and accounting in
addition to maintaining financial worksheets/reports and recommend improvements to
systems.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
PROCLAMATION
Mayor Cummings proclaimed the month of August to be Civility Month in the City of
Oshkosh. He presented the proclamation to Linda Brone and Margie Davey.
Linda Brone accepted the proclamation and presented Mayor Cummings with a bag that
had been donated by 4imprint to the Oshkosh Civility Project. She explained the bags
would be handed out at the Oshkosh Farmer's Market and encouraged citizens to find
more information about the Oshkosh Civility Project on their website.
Margie Davey explained they were appreciative of how civil Council and City staff were
and hoped the community would adopt the same practice.
PRESENTATION
Shelly Reinke, Executive Director, Greater Oshkosh Healthy Neighborhoods, Inc. (GO-
HNI), and David Rucker, board member of GO-HNI were present to share the results of
the May 2016 —May 2017 contract performance.
Ms. Reinke explained in regards to community building and engagement (CB&E), there
had been a total neighborhood investment of $122,776.76 as a result of volunteer hours,
public dollars and in-kind donations. She reviewed additional highlights related to
CB&E including the formation of three neighborhood associations in 2016 and two
forming in August of 2017,resident training and hosting Beautify Oshkosh(a community
education event on creating curb appeal). She explained their first real estate
development (RED) project had been purchased. She stated per the contract with the
City, their goal at the end of 3 years was to be creating $2 of private investment for every
$1 of public money spent. She explained in the past year, they had raised approximately
.85 cents for every public dollar spent. She stated when total neighborhood investment
was considered, including volunteer hours, they were exceeding the $2 to $1 goal. She
explained they held monthly meetings of the Oshkosh Healthy Neighborhood Alliance.
Council Member Herman stated he appreciated that the south and west sides of the City
were beginning to get involved. He questioned if they believed those neighborhoods
would continue to become engaged.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Ms. Reinke stated it had taken some time to develop interest,however she hoped it would
continue and spread through the south side.
Jason White, CEO of the Greater Oshkosh Economic Development Corporation (GO-
EDC) explained over the past 2.5 years they had learned a great deal about the
community and had experienced success due to collaboration with a number of
organizations, the ability to establish and lead initiatives and facilitate projects. He stated
they were behind on tracking their progress and stated the mid-July report reflected their
project portfolio had resulted in 369 new jobs, 1,239 retained jobs and $64.3 million in
capital investment. He explained they had a goal to initiate contact with 150 businesses
in 2017 and so far they had achieved 148. He stated they provided Council with a
summary of their activity at EAA this year and with a grant from the City provided by
the Department of Defense, they targeted specific types of business to help create an
aviation cluster. He explained they had provided Council with a summary on the results
of their capital catalyst program. He stated they continued to work with Council and
City staff on a variety of initiatives, and much excitement remained focused on the
progress and potential of the Sawdust District. He explained their strategic plan had
initially been focused on business and job growth, the focus had shifted to housing and
population growth with an emphasis on making sure existing companies had the
necessary tools and labor force to continue to grow and remain competitive. He stated
they would continue to focus on building a culture of entrepreneurship and diversifying
the local economic base.
Council Member Palmeri questioned if future reports would include actual data points.
Mr. White questioned what data points Council Member Palmeri was referencing.
Council Member Palmeri stated the measures within the strategic plan.
Mr. White questioned if Council Member Palmeri was referring to the current strategic
plan or the new one.
Council Member Palmeri stated both.
Mr. White indicated they had a new staff member who was responsible for performing
research, and would be responsible for reporting on both a quarterly and annual basis.
He explained going forward with the new strategic plan, they would continue to report
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
how the organization was doing and also how Oshkosh compared to other Wisconsin
municipalities.
Council Member Palmeri questioned if they would consider comparing Oshkosh to other
cities outside of Wisconsin in the region.
Mr. White stated he believed they would do so at some point in the future.
Council Member Panske stated she had attended EAA and had been impressed by the
billboard promoting the City. She explained she worked in retail during the week of EAA
and had customers that had noticed a significant difference within the City and
questioned if he had conversations with businesses who had also noticed momentum in
Oshkosh.
Mr. White explained he had a conversation with an individual who had moved away and
returned to the City and had commented on the various changes, specifically downtown
and the elimination of blighted areas. He stated getting attendees to EAA to experience
more of the City was a goal.
Council Member Panske questioned if that was something that may be included in a
future strategic plan.
Mr. White explained it was possible. He stated he was aware that EAA was in the process
of completing an economic impact study and he was anxious to see how they perform
their methodology in addition to their findings.
PUBLIC HEARING
Resolution 17-389 Approve Submittal of 2017 Community Development Block Grant
Action Plan (Plan Commission Recommends Approval)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
Council Member Palmeri asked for an explanation of the public participation as there
was nothing summarized in the document they received.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Allen Davis, Director of Community Development, explained they followed the federal
requirements in regards to publicizing and holding a public hearing. He stated there had
not been significant public comment.
Council Member Palmeri stated it appeared that the City advertised in the Northwestern
and questioned if the 'summary of public participation' was blank because members of
the public had not attended.
Mr. Davis stated he believed there had been one person in attendance.
CITIZEN STATEMENTS
Sill Wyman, 1373 Waugoo Avenue, stated he was the President/CEO of the Oshkosh Area
Community Foundation and funds had been raised to light the Oshkosh/Congress
Avenue Bridge. He thanked Council for their support and stated there would be a bridge
lighting event on August 31s' at the Fox River Brewing Company. He explained he
believed the lighting would a positive addition to the community.
Mayor Cummings thanked Mr. Wyman and explained he believed it was a great project.
Lloyd Collier, 100 Court Street, #706, read a prepared statement regarding how he
believed the community should form a community service agency to help the less
fortunate. The statement was filed with the City Clerk's office.
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt & Filing of Common Council Minutes from June 27, 2017
Receipt of Claims filed with the City's Insurance Company:
A) Paul Berndt for alleged damages due to broken sewer line
B) Renee Moxon for alleged damages related to a fall on the riverwalk
Resolution 17-390 Approve Setting Public Hearing Date to Vacate of Alley West of
South Main Street between 7tn & 81h Avenue (Plan Commission
Recommends Approval)
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Resolution 17-391 Approve Accepting Sus Stop Easements at 375 North Eagle Street;
1100 West Smith Avenue & 415 Jackson Street (Plan Commission
Recommends Approval)
Resolution 17-392 Approve Specific Implementation Plan for a Multi-Tenant
Retail/Office Use Located on the 1000 Block of North Washburn
Street (Plan Commission Recommends Approval)
Resolution 17-393 Approve Determination of Necessity to Acquire Property at 645
Jefferson Street;Authorize Redevelopment Authority to Acquire 645
Jefferson Street $42,500.00 (RDA Recommends Approval)
Council Member Palmeri explained it was her understanding the property was adjacent
to several other properties under the same project. She stated she understood they were
requesting a 15 month timeframe. She questioned if it had been a year since their original
request.
Allen Davis, Director of Community Development, stated he was not certain on the date,
although it would make sense as they had anticipated the project taking two years to
complete.
Council Member Palmeri stated the staff memo indicated that adding the property to the
project would reduce the overall project cost and it was possible that the Main Street
parcel to the west could be combined with the Jefferson Street site to provide the prospect
of access and mixed use commercial space. She questioned if City staff was aware if the
Main Street parcel was available.
Mr. Davis stated it was not a certainty, however, the Redevelopment Authority (RDA)
had expressed interest in a Main Street access to the properties, and the developer
planned to seek out options. He explained the property owner had approached the City
which opened up discussion and increased the likelihood that access to Main Street
would happen.
Council Member Palmeri questioned if it was still anticipated to become affordable
housing.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mr. Davis explained that was the proposal that the developer, Chet Weisenberg, had
submitted.
Council Member Herman stated Council Members had received emails from citizens who
were upset that they had lost their community garden. He questioned if there was
anything that could be done to help move the project forward.
Mr. Davis stated typically there were Community Development Block Grant (CDBG)
funds available that could be accessed, tax credit programs were being identified and
Greater Oshkosh Economic Development Corporation (GO-EDC) may be able to assist.
Resolution 17-394 Approve Amendment No. 2 to Engineering Services Agreement
with Professional Service Industries, Inc. for Subsurface Exploration
& Geotechnical Engineering Evaluation for 2017 Capital
Improvement Projects ($1,397.50)
Resolution 17-395 Award Bid for Public Works Contract No. 17-01 to Vinton
Construction Company, Inc. for Parking Lot Construction
($319,029.48)
Resolution 17-396 Approve an Amendment to Special Event — Race the Lake to utilize
City streets & Menominee Park for the Race the Lake /August 13,
2017
Resolution 17-397 Approve Council Rules
Resolution 17-398 Approve Appointment to the Oshkosh Public Library Board
Resolution 17-399 Disallowance of Claim by Miller & Ogorchock, S.C. on behalf of
Renee Moxon
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Resolution 17-400 Approve Class "B" Fermented Malt & Class "C" Wine License,
Special Class "B" Licenses, Operator Licenses & Taxi-cab Driver
Licenses
MOTION: ADOPT CONSENT AGENDA (Panske; second, Herman)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-401 Modify Parking Regulations on New York Avenue
MOTION: ADOPT (Palmeri; second, Panske)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
Ordinance 17-402 Designate Nevada Avenue as through Street at Intersection with
Evans Street (Evans Street Stops)
MOTION: ADOPT (Panske; second, Krause)
CARRIED: Ayes (5) Krause, Palmeri, Allison-Aasby, Panske, Mayor Cummings
Noes (1) Herman
Council Member Herman stated he would vote against the ordinance as he was against
installing stop signs in residential neighborhoods. He explained the motor vehicle count
had not been enough to warrant a stop sign. He stated he believed removing a yield sign
and replacing it with a stop sign in a residential neighborhood was setting a dangerous
precedent.
Council Member Palmeri questioned if it would be considered a safe route to Emmeline
Cook Elementary School.
Mr. Rabe stated he was not aware of what the routes were.
Mr. Rohloff stated he was not certain either.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Krause stated based on discussion at the traffic advisory board meeting,
the residents had indicated that vehicles were not properly using the yield sign and there
were several children in the neighborhood. He explained he believed safety needed to
be a priority.
Council Member Palmeri explained there were not well marked cross walks in some of
the school zones, and having personally mapped some of the school routes, she would
agree with Council Member Krause.
Ordinance 17-403 Approve Closure of West Murdock Avenue from Algoma Boulevard
to Vinland Street (Staff Recommends Waiving the Rules &Adopting
on First Reading)
MOTION: SUSPEND RULES (Herman; second, Palmeri)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
Council Member Panske asked for an explanation of the request.
Mr. Rabe stated there was a public works contract to replace the water main in the area.
He explained the contractor had a number of safety concerns and the road closure was
the safest option. He stated access would be maintained to each of the adjacent
properties.
Council Member Panske questioned what the timeframe of the project would be.
Mr. Rabe stated the closure would take place for approximately 6 weeks.
Council Member Panske questioned if it would be a complete closure for the entire 6
weeks.
Mr. Rabe stated City staff was working on details with the contractor on the intersection
of Vinland Road, Elmwood Avenue and Murdock Avenue that those may open up
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
earlier, hopefully prior to the start of the school year to maintain better access towards
North High School.
Council Member Allison-Aasby questioned when the closure would begin.
Mr. Rabe stated if it was approved it would begin Wednesday, August 16th. He stated
preparation work had begun although the street was not closed at this time.
Council Member Herman explained a correction needed to be made as the second page
of the resolution stated 'anticipated closure of Oshkosh Avenue'.
Mr. Rabe apologized and stated it should have referenced West Murdock Avenue.
Council Member Palmeri questioned what the proposed detour route would be.
Mr. Rabe stated the primary proposed detour would utilize Walter Street, Snell Road and
Jackson Street. He presented additional alternative routes on a map and indicated
signage would be in place.
Ordinance 17-404 Approve Closure of East Murdock Avenue from Harrison Street to
Bowen Street&the East Murdock Avenue/Bowen Street Intersection
(Staff Recommends Waiving the Rules &Adopting on First Reading)
MOTION: SUSPEND RULES (Herman; second, Panske)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
MOTION: ADOPT (Herman; second, Krause)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
Mr. Rabe stated the east portion of Murdock Avenue was scheduled for complete street
reconstruction which would require a closure. He explained the proposed detour route
would utilize Harrison and Bowen Street as well as Nevada Avenue.
Council Member Panske stated the resolution also needed to be corrected on page two to
reflect the correct street name for the closure.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Ordinance 17-405 Approve Zone Change from A-2ETZ General Agricultural
Extraterritorial District to R-1ETZ Single Family Residence
Extraterritorial District; North Side of the 3400 Block West 91h Street
Road in the Town of Algoma (Extraterritorial Zoning Committee
Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Council Member Palmeri asked for an explanation of how the zone change would not
have fiscal impact on the City as City services would not necessarily be supporting the
additional residences.
Darryn Burich, Planning Services Manager, explained the housing would be developed
within the Town of Algoma therefore the Town and the County would be responsible for
services. He stated the only way for the residents to obtain City services would be if they
requested a delayed attachment on the boundary agreement.
Ordinance 17-406 Approve Zone Change from UI Industrial District to BP Business
Park District for Property Located at 1919 Bowen Street (Plan
Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 17-407 Dissolve Tax Incremental District #7 Southwest Industrial Park
MOTION: ADOPT (Panske; second, Palmeri)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
Mayor Cummings stated the TID had over $144 million in added value, over 120
companies located within the district with a total workforce of approximately 4,000
employees and TIF donations had helped fund the Marion Road redevelopment area and
the river walk development.
Allen Davis, Director of Community Development, stated he believed Mayor Cummings
did an excellent job explaining what TID #7 had accomplished for the City and he
believed it served as a model for industrial TIFs in Oshkosh and around the state.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Krause questioned how the cash balance of $120,000 would be
distributed.
Mr. Davis explained it would be distributed between the other taxing jurisdictions in the
City. He stated after the auditors reviewed the transactions, the City would distribute
the applicable shares to the jurisdictions.
Council Member Allison-Aasby stated the TID had done a lot for the community.
Resolution 17-408 Support Go Transit's Application for Section 5339(5) Federal
Program Funding for Sus Replacements
MOTION: ADOPT (Panske; second, Palmeri)
CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor
Cummings
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA
ITEMS
Mayor Cummings reminded Council of the follow-up TIF workshop on August 281h at
5:00 p.m.
Mr. Rohloff explained he had provided Council with a draft outline for the workshop
agenda. He stated City staff would welcome any suggestions, however, he believed it
covered what Council had previously requested.
Mayor Cummings questioned when City staff would prefer any additions or deletions to
the outlined agenda.
Mr. Rohloff stated it would be beneficial to have as soon as possible to allow time for
preparation. He explained because it was a workshop, if an item came up it was not a
formal decision and would provide City staff direction for policy to be adopted by
Council at a future Council meeting.
Council Member Palmeri stated she would like to see a matrix to allow Council to
compare other municipalities and the structure of their TIF policies.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mr. Rohloff stated there was ample time between now and the workshop to develop
items for Council to review. He encouraged Council to continue to provide similar ideas.
Council Member Allison-Aasby stated she would like to see a spreadsheet including
information on each of the City's existing TIFs, the interest rate they were borrowed at,
what the interest payments were, how much time remained in their term and compare it
to the revenue that was coming in. She explained in prior years the City had bonded
quite a bit for infrastructure at a low interest rate and had been in the recent practice of it
being part of the developers agreement at rates around 5%.
Mr. Rohloff stated the recent TIFs had been'pay-go' TIFs, and the City had a short history
with that type of TIF. He questioned if she would like the information from the past
when the City completed general obligation borrowing.
Council Member Allison-Aasby stated there were interest payments related to the 'pay-
go' TIFs. She explained she would like information on the payments, whether it be
through bonds or through developer interest payments.
Mayor Cummings stated he believed they needed to discuss the impact of doing nothing.
He explained the former Buckstaff property was an example;many people had come into
the community and driven past the blighted property and questioned the City for not
taking action.
Mr. Rohloff questioned if Mayor Cummings was referencing the impact of the land use.
Mayor Cummings stated yes as well as the impression the City made on residents and
visitors. He explained there was a cost to the City in having a blighted property, taxes
were not being paid.
Council Member Palmeri questioned if Mayor Cummings was referencing the cost of
blight.
Mayor Cummings stated yes;he explained in real estate terms it was called'curb appeal'.
He reminded Council of the budget workshop on August 291h at 5:00 p.m. and would be
televised and open to the public. He explained there would be a workshop regarding
extraordinary service charges for special events and the date was to be determined.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mr. Rohloff explained he had the opportunity to talk with the stakeholders group that
Ray Maurer, Director of Parks, and Kathy Snell, Special Events Coordinator, had
established. He stated City staff would provide the group's recommendations within the
next two weeks. He explained he was comfortable with most of the group's
recommendations and would provide Council with his own recommendation in the near
future. He stated he would like to give Council enough time to review the information
and believed a date in September would work best. He explained he believed that
holding the workshop prior to a Council meeting would allow for enough time to refine
the methodology.
Council Member Herman questioned what City staff would be looking for coming out of
the workshop.
Mr. Rohloff explained it would provide City staff direction for methodology that would
be used for the annual resolution that was presented to Council for approval for special
event fees.
Council Member Palmeri questioned if they would receive the raw report from the
stakeholders group from Mr. Maurer.
Mr. Rohloff stated no; Council would receive a report from City staff that included the
information from the stakeholders group.
Council Member Palmeri questioned if Council could also receive the raw report.
Mr. Rohloff stated it was just a memo and he would provide it to Council. He questioned
Council on what date in September would be best for the workshop. He stated EAA had
requested an opportunity to make a presentation to Council about the economic impact
of EAA in the community. He explained the group felt that the information would be
useful to Council, however, believed it should remain separate from special event policy
discussion. He stated they had not held a tourism breakfast this year, and he believed
they could hold a discussion about the impact of tourism in general, with EAA being a
portion of that discussion.
Mayor Cummings stated there was an update on the report on the committee regarding
the Oregon Street Reconstruction.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mr. Rabe stated there had been three options for the reconstruction of Oregon Street in
the 2018 Capital Improvement Program- to reconstruct the street at its current width, to
reconstruct the street at 40 feet of width from face of curb to face of curb except to widen
at the intersections of W. 91h Avenue and W. South Park Avenue to 44 feet to allow the
dedicated straight, right and left turn lanes in the southbound direction to remain to in
the same configuration, or to reconstruct the street at 40 feet of width throughout the
planned reconstruction in 2018 from 81h Avenue to 161h Avenue. He explained the 40 feet
configuration would maintain the 8 feet parking lanes on each side of the street and
would reduce the travel lanes from the existing 14 feet down to 12 feet, which was the
same width as a travel lane on an interstate highway. He stated continuing the 40 feet
width through the W. 91h Avenue and W. South Park Avenue would allow for a dedicated
left turn lane and a straight/right turn lane and would widen the lane in the opposite
direction from 14 feet to 16 feet. He explained none of the proposed reconstruction plans
would have an impact on parking. He stated they had reached out to City staff liaisons
for the traffic review advisory board and pedestrian&bicycle circulation committee,who
had differing opinions. He explained the traffic review advisory board had voted 5-1 for
the 40 foot option that widened the two intersections to 44 feet while the pedestrian &
bicycle circulation committee voted 5-0 for the straight 40 feet width throughout the
entire length.
Mr. Rohloff explained he understood that social media had become inundated with so
much false information that it warranted discussion. He stated despite rumors, bicycle
lanes were not proposed in any of the options, the bicycle & pedestrian committee had
reviewed the options from a pedestrian standpoint as there were no existing or
anticipated bike lanes. He explained there was a rumor that the street would be narrowed
similar to Main Street with bump-outs and that was not correct. He stated Oshkosh
Corporation had reached out to him as they had heard there would be two lanes of traffic
in each direction passing their facilities, which was also not correct. He explained the
project would be complete in multiple stages, with the first stage including 81h Avenue to
161h Avenue, and the second stage would likely begin in 2019 and include 161h Avenue to
21s' Avenue. He stated after 201h, Oregon Street would remain 4 lanes. He explained he
would prefer Council to give City staff direction to allow them to work on the design to
implement into the CIP. He stated the wider street option would cost$300,000 more than
the narrower street.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mayor Cummings questioned if the Council believed it to be appropriate and agreeable
for individuals who had businesses located on Oregon Street that were in attendance to
speak although it was not usually allowed at this point in the meeting.
Council agreed that citizens could speak.
Susie Leib, 1565 Galway Court, stated her business was located at 1528 Oregon Street and
she was concerned about patrons of her business accessing their vehicles. She explained
she understood traffic would still flow if the street was narrowed, however, it may create
difficulties with accessibilities for individuals parking on the street. She stated the
intersection where her business was located, Oregon and 161h Avenue, was difficult to
cross as it was hard to see with cars parked along the road and narrowing may decrease
safety. She explained she understood the financial benefit to narrowing the roads
although believed safety and the impact to businesses should be considered as well.
Council Member Palmeri questioned if she had received a letter from public works about
the project.
Ms. Leib stated she had not received a letter, however, she rented the space therefore it
was possible it went to the property owner.
Mr. Rabe explained the notices had been sent by community development as they were
the City staff liaison for the bicycle & pedestrian committee.
Mr. Rohloff stated the letter had been sent to the property owners.
Council Member Panske questioned how Ms.Leib had become made aware of the project.
Ms. Leib explained neighboring businesses who had received the letter shared the
information with her. She explained she believed that business owners on Oregon Street
would like to be part of the reconstruction discussions.
Robert Maza, 1558 County Road I, owned the property located at 807 Oregon Street,
which was a large building with a retail space that relied heavily on the few parking spots
located on the street. He explained he was concerned that businesses would suffer as a
result of the street being narrowed. He stated it was important to him and other
businesses owners that patrons be able to park along the street and while 12 feet wide
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lanes may be safe on an interstate, people did not need to park and access their vehicles
along an interstate. He explained he had been established on Oregon Street for a number
of years and had experienced concerns with snow removal and parking.
Steve Lawler, 2355 Hamilton Street, stated he owned a business at 1123 Oregon Street
that had been in the family at that location for 60 years. He explained he believed the
street should remain the same size and he agreed with Mr. Maza's concern about parking
safety. He explained he believed they should have been better informed about the plans
and the information he had received had not been quality data. He stated he believed
the merchants on Oregon Street should have input on the reconstruction decision.
Kim Berger, 726 Bismarck Avenue, stated she owned a salon at 1325 Oregon Street and
believed her handicapped clients would have difficulty parking on the street if it were to
be narrowed as it was already a concern. She explained she had to pay to have her
sidewalks plowed only to have them recovered with snow after the City plow came
through and wider sidewalks would increase that problem. She stated she had visited a
business on Main Street and had to wait in her vehicle for 6 minutes before she was able
to safely open her car door.
Eric Baier,326 Knapp Street, stated a width of 12 feet may be appropriate for an interstate,
however, vehicles on an interstate travel the same direction and would not be trying to
park. He questioned if City equipment or bus drivers had been consulted for their
opinion on operating on a narrower road. He stated he was considering the purchase of
a property in the 700 block of Oregon Street and would prefer to pay extra in taxes for
the wider street to allow for patrons to safely park on the street. He explained there were
a number of concerned citizens and he believed the narrow street should be reconsidered.
Jennifer Baier, 1622 Oregon Street, explained there were a number of trucks that travelled
Oregon Street and she believed if the street were narrowed it would create a small safety
margin. She stated parking was important to many businesses on Oregon Street as many
did not have parking lots and relied on the street. She explained she did not believe there
was significant pedestrian traffic and felt the sidewalk width was accommodating.
Council Member Herman asked for an explanation of why the street may be narrowed.
Mr. Rabe stated standard design parameters for this type of road called for a 40 feet wide
street.
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Council Member Herman questioned what Main Street's width was.
Mr. Rabe stated 38 feet with bump-outs.
Council Member Panske stated there had been a fatality on Main Street.
Mr. Rohloff and Mr. Rabe disagreed.
Council Member Panske explain a man had been hit last spring and subsequently passed
away.
Council Member Allison-Aasby questioned if the current width of the sidewalks were
ADA compliant.
Mr. Rabe stated City staff had not reviewed if the current sidewalks were ADA
compliant; they would review that information as they moved forward with the design.
He explained on most recent street reconstruction projects, the sidewalks had to be
removed and replaced to comply with current ADA regulations.
Council Member Allison-Aasby questioned if it was required to make the sidewalks ADA
compliant if the street was reconstructed.
Mr. Rabe stated yes.
Council Member Allison-Aasby questioned when City staff would become aware if the
sidewalks were currently compliant.
Mr. Rabe stated as City staff worked on the design, they would measure each sidewalk
square with a digital level to see if it met the requirements for ADA, as well as measuring
joints for displacements.
Council Member Allison-Aasby questioned in the event the sidewalks needed to be
replaced, would the building owner be assessed the cost of the sidewalk, or would it be
part of the construction costs.
Mr. Rabe stated typically sidewalk replacement costs were charged back to the adjacent
property owner.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Palmeri asked for an explanation of the estimated costs.
Mr. Rabe explained the street reconstruction was estimated at$53 per front foot and when
sidewalks were included, the wider street would cost non-residential property owners
approximately $43 per foot based on 2017 special assessment rates. He stated the 2018
special assessment rates would not be calculated until October/November.
Mayor Cummings questioned if City staff would be able to send notices to both the
property owner and the tenant in the future. He explained he was referring to retail
situations, not residential dwellings, as the tenants would be impacted day to day while
the landlord would not.
Kim Berger, 726 Bismarck Avenue, explained her landlord had found the information
confusing and did not believe the project affected properties past South Park Avenue.
Council Member Panske stated she had received comments that the letter was misleading
and individuals believed the project only pertained to the affected intersections. She
explained she believed the street should be reconstructed at the current width. She stated
she worked at the corner of 121h Avenue and Oregon Street and was familiar with the
traffic. She explained she had received feedback that reducing the width would be
detrimental and would impact things such as deliveries. She stated the current width
gave valuable space.
Mayor Cummings questioned when the decision would be made.
Mr. Rohloff explained the project would be in the CIP, proposed at a 40 feet width, unless
City staff was directed otherwise from Council. He stated it had been brought up for
discussion at this point to give City staff time for design, as delay could cause an increase
in cost.
Mayor Cummings questioned if Council should make the decision at the next Council
meeting.
Mr. Rohloff stated it would make sense for Council to provide City staff with direction
prior to including the project in the CIP. He explained the standard 40 feet width was
City staff's recommendation and he believed it would work well.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Herman questioned how making the sidewalk ADA compliant would
impact the road width.
Mr. Rabe stated it could be done without impacting whatever street width Council
decided on.
Council Member Herman stated he had concerns as past projects that included narrowed
streets had resulted in negative repercussions for the City. He explained with the
combination of residential and commercial properties, including Oshkosh Corporation,
the street should have more room.
Mayor Cummings requested the reconstruction decision be listed as an agenda item on
the August 22nd Council agenda to advise City staff how to include the project in the CIP.
Council Member Allison-Aasby questioned if it would make sense to give direction at the
August 291h budget workshop.
Mr. Rohloff stated whichever Council would prefer.
Council Member Allison-Aasby stated she had not seen any of the social media activity
that had been referenced. She explained it would be beneficial to give property and
business owners time to provide Council with their concerns as she did not believe social
media was necessarily the most appropriate way to share an opinion with Council.
Mayor Cummings stated it would be beneficial for the engineering department and have
a positive impact on the CIP if a decision was made sooner rather than later.
Council Member Krause stated he understood that deliveries needed to take place along
Oregon Street, however, he questioned if there was anything that could be done to
prevent Oshkosh Corporation from using that route for their large vehicles.
Mr. Rabe stated he did not believe there was anything the City could do to prevent that.
Council Member Krause stated he was aware that they could complete their road runs
by taking the trucks down 201h Avenue and up to the highway. He explained while the
City could not necessarily prevent them from using Oregon Street they could request that
they avoid it.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Panske questioned if it was within the City's jurisdiction to prevent the
parking of Oshkosh Corporation vehicles on 61h Avenue, as that would eliminate much
of the traffic.
Mr. Rohloff stated City staff was working on a code enforcement issue related to that as
they had exceeded their allowable footprint. He explained they were allowed to utilize
the space for parking by permit and he would need to consult with City staff to learn the
details.
Council Member Allison-Aasby explained she believed in the past there had been a lack
of a vision and master plan for development in the City and that remained an area of
improvement. She stated City staff had yet to work closely with Greater Oshkosh
Economic Development Corporation (GO-EDC) to develop a master plan. She explained
she believed there would be benefit in Jason White and other members of GO-EDC to
lead a committee to come up with a vision for the Sawdust District/South Main Street that
would result in a cohesive development. She stated it had been discussed for quite some
time that the location of the district on the water could create an optimal destination.
Council Member Herman stated he agreed with Council Member Allison-Aasby. He
explained when the idea of the Sawdust District was first announced it was described as
an entertainment district. He stated he did not believe the district should be 'chopped
up' and put together without a vision.
Mayor Cummings stated the City had worked with East Central Wisconsin Regional
Planning to complete a vision study in the past. He explained the arena had not been
part of the original plan which meant the plan should be reviewed and adjusted to make
sure it still fits the vision for the district. He stated contamination was a concern and a
budget strategy needed to be considered. He explained the City also needed to 'think
vertically' as people paid money for views.
Council Member Palmeri stated she believed the central City investment plan
encompassed up to 81h Avenue. She explained the plan development had been a
significant cost and she had hoped it would provide direction for items such as the south
shore redevelopment area.
Mr. Rohloff stated there was not a piece meal plan for the Sawdust District. He explained
City staff had been working on the central City investment plan as a directive from
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council when the arena project developed. He stated he had been approached by a
number of individuals with ideas for the district, and he informed them Council first
needed to approve a plan for the area. He agreed that the City should not look at a piece
meal approach to the Sawdust District.
Allen Davis, Director of Community Development, explained the internal review of the
central City investment plan was complete and City staff was ready to put together a
workshop that would be open to the public within the next month. He stated they would
be able to receive input from concerned citizens and property owners in the district. He
explained the plan would focus on the entire district, the arena was just a portion. He
stated there was no concrete vision or plan in place for the Sawdust District yet, only
marketing work had been developed to secure the arena development. He explained
there was significant planning and implementation yet to be completed. He stated a
majority of the neighborhood faced contamination concerns, which was an expensive
problem to deal with, and developing a plan would help the City budget and seek out
funds to remediate.
Mayor Cummings explained developing a plan would allow for the re-shaping of a
significant part of the City for many years to come.
Council Member Allison-Aasby stated she did not believe the focus should be on just the
arena, a vision for the entire section of South Main Street should be developed. She
explained the City and Council would need to be forward thinking while considering
ways to approach the contamination of the area. She questioned when remediation was
required, if it made sense to negotiate a price with AECOM or other similar companies
to complete a broader area. She explained according to the City planning department
there were a number of projects in the near future and she believed addressing
contamination concerns would be a priority. She stated it made sense to have the finance
and legal departments involved in the TIF process. She explained when she reached out
to either department for TIF related information, she was often referred to community
development or engineering. She requested the finance and legal departments attend the
TIF workshop and become involved in the process. She stated she believed Council
needed to provide clear direction of the expectation of Ehlers and City staff.
Council Member Krause stated in the original application for the Annex TIF, on page 41,
it stated the developers agreement would include a look back provision. He explained
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
they had been told that a look back provision had never been considered for Annex,
however, it had been included in the application.
Allen Davis, Director of Community Development, stated the application that Annex had
submitted was based on a format that had been used by the City since approximately
2012 and had included the look back provision as a possibility. He explained TIFs had
originally followed closely to the 75% increment and had only recently reached as high
as 90%. He compared it to a customer at a bank putting 20% down on a home, which
would eliminate the bank's requirement for the customer to take out private mortgage
insurance.
Council Member Krause questioned if it was detrimental to the developer to leave the
look back provision in.
Mr. Davis stated he was not certain. He explained it had been the best practice of the City
to not include the look back provision for applicants adhering to the 75% increment and
requiring it for those requesting more than that. He stated the application explained that
the possibility may exist for a look back provision.
Council Member Palmeri explained on the page Council Member Krause described, it
stated'projects receiving assistance will be subject to a look back provision' and listed the
mandates the developer would need to adhere to. She explained it described exceptions
to the TIF policy and placed the burden on the developer to complete forms provided by
City staff to show that the exception was in the best interest of the City. She stated she
believed there was confusion as to if there were additional forms that were completed
requesting the waiver.
Mr. Davis stated he was not aware of any additional forms requesting a waiver.
Ms. Lorenson explained the 'will be subject to' was worded in a way that did not express
the correct intent. She stated the verbiage should have stated 'may be subject to' which
was the way the TIF policy was originally presented to Council. She explained City staff
understood that they would include a look back clause if it was necessary, as such was
the case with the Beach building, Washington building and the Granary, which had been
the recommendation of Ehlers. She stated although it was written as if it was mandatory,
that was not how it had been applied.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Herman stated that was an item Council would be able to change.
Ms. Lorenson agreed and explained it was an item listed on the TIF workshop agenda for
discussion. She stated it had been too late to add the look back clause into the Annex
developers agreement as there would not have been time to get it done prior to their loan
closing.
Mr. Rohloff explained the purpose of the TIF workshop would be to gather feedback. He
stated the importance of a look back clause was to allow the TIF to close earlier and the
term for the Annex TIF was short and had a low tax increment payment.
Council Member Palmeri stated it had been said at the prior Council meeting that the
look back clause was not part of the City's existing TIF policy. She questioned if City staff
would agree after reviewing page 41 that the statement was not correct.
Mr. Rohloff stated no. He explained he believed the verbiage was intended to let the
developer know it was a possibility. He stated they had required Annex to complete a
market study, which was mentioned later in the TIF policy, and they had been the first to
do so in quite some time.
Council Member Herman questioned if City staff varied their selection of what was
enforced in the TIF policy.
Mr. Rohloff stated they exercised discretion.
Council Member Palmeri stated intent versus what was written has led to frustration.
She explained she believed it resulted in misinformation for Council to consider at the
previous Council meeting.
Mr. Rohloff explained the concern had not been brought up until after the last Council
meeting. He stated that although he agreed it had been poorly worded, he still believed
a look back provision was unnecessary in the Annex development.
Council Member Krause stated it would be beneficial to have a look back included in the
event of a default.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Mr. Rohloff stated the advantage of a 'pay-go' TIF was if the developer were to default,
they would no longer receive tax increment payments, and the risk was shifted from the
City to the developer.
Mr. Davis explained if the developer were to default, the City would not be liable for any
costs.
Council Member Palmeri stated it was her understanding that the look back clause would
allow the City to share in the internal rate of return for the developer should it rise above
a certain threshold.
Mr. Rohloff stated if the developer was receiving an excellent rate of return, the value
would increase and the TIF would close early. He explained with a'pay-go-TIF the City
would benefit regardless. He stated there were numerous points related to look backs
worth discussing with Council at the workshop. He explained the Annex TIF had a 13
year duration and doing a look back at the 10 year mark did not make sense.
Mr. Davis stated if it was a 13 year TIF and the developer did better than anticipated, the
City would likely close the district prior to doing a look back.
Council Member Allison-Aasby explained she believed it was important to note that
Council looked to City staff for advice and input, however, the vote and final decision
ultimately belonged to Council. She stated recommendations needed to be provided
prior to the Friday before the Council meeting especially when Council had questions.
She explained the fact that Annex had a loan closing scheduled shortly after Council was
set to decide on the TIF should not be a contributing factor into the decision.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
There were no Council Member announcements or statements.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
CITY MANAGER ANNO UNCEMENT AND STATEMENT
Mr. Rohloff explained the survey regarding boards and commissions had been complete
and there had been a number of responses. He stated individuals tended to give
responses based on the board or commission they were affiliated with, and gave neutral
or no opinion responses to the others. He explained there was support for consolidating
the parking utility and traffic review advisory boards, and a significant amount of
individuals against combining the plan commission and sustainability advisory board.
He stated nearly half of the respondents were not favorable to the question about
removing Council Members as liaisons to the various boards and commissions. He
explained the question of changing membership criteria for local option committees had
a neutral/no opinion response of 45%. He stated City staff would compile the data into a
user friendly format and provide it to Council.
Mayor Cummings requested that Council Members help recruit citizens to join the
various boards and commissions.
Council Member Palmeri questioned where there were open positions.
Mayor Cummings stated there was not a specific spot he was looking to fill; he would
encourage people to find a topic they were interested in and apply.
Council Member Herman stated there was a list of openings on the City's website.
Council Member Panske stated she appreciated the collaborative effort between the
various members of the boards and commissions in regards to sharing information about
their roles.
Mr. Rohloff stated there was no update related to the arena.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 8, 2017
Council Member Palmeri questioned if Council would vote on the various boards and
commissions after receiving the information.
Mr. Rohloff stated yes.
MOTION: ADJOURN (Panske; second, Allison-Aasby)
CARRIED: VOICE VOTE
The meeting adjourned at 8:44 p.m.
PAMELA R. UBRIG
CITY CLERK
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