HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
OCTOBER 24, 2017
MEETING held Tuesday, October 24, 2017, at 5:00 p.m. in room 404 at City Hall.
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske,Jake Krause,Tom Pech,Jr.,Deb Allison-
Aasby, Steve Herman, and Mayor Steve Cummings
EXCUSED: Council Member Lori Palmeri.
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney.
MOTION: THE COMMON COUNCIL MAY CONVENE INTO CLOSED
SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE
WISCONSIN STATE STATUTES TO DISCUSS THE
PERFORMANCE EVALUATION AND COMPENSATION
REGARDING THE CITY MANAGER AN EMPLOYEE OVER
WHICH THE COMMON COUNCIL HAS JURSIDICTION AND
EXERCISES RESPONSIBILITY. (Herman; second, Panske)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
MOTION: ADJOURN (Allison-Aasby; second, Krause)
CARRIED: VOICE VOTE
The meeting adjourned at 5:02 p.m.
PAMELA R. UBRIG
CITY CLERK
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
OCTOBER 24, 2017
REGULAR MEETING held Tuesday, October 24, 2017, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Caroline Panske,Jake Krause,Tom Pech,Jr.,Deb Allison-
Aasby, Steven Herman, and Mayor Steve Cummings
EXCUSED: Council Member Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney; and Allen Davis, Director of Community Development
Council Member Panske read the Invocation.
The Pledge of Allegiance was led by Lesley and Alexa Lunquin from Lourdes
Academy.
PUBLIC HEARING
Resolution 17-504 Approve Final Resolution Vacating Alley West of South Main Street
between Th & 81h Avenue (Plan Commission Recommends
Approval)
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
CITIZEN STATEMENTS
Robert Prehn, 1022 Washington Avenue,explained although many had ties to the historic
golf course, the City had an opportunity to convert 70%of the land into a park that would
be accessible to the entire community while keeping the headquarters of Oshkosh
PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Corporation local. He stated in its present condition the golf course was not a park as it
was off-limits to a significant amount of people who did not play golf, and no trespassing
signs indicated entry was not permissible unless green-fees were paid. He explained
retaining Oshkosh Corporation was vital to the community and would have significant
economic impact. He urged Council to do all they could to keep Oshkosh Corporation's
headquarters in the City.
Diane Penzenstadler, 1123 Buchanan Avenue, stated as a golfer she understood there
were a number of courses located in the area, which was one of the reasons she was in
support of selling a portion of Lakeshore Municipal Golf Course. She explained while
she loved golf, she believed it was more important to focus on the greater good of the
community through keeping Oshkosh Corporation's headquarters in the City. She stated
she was aware of the negative impacts that occur when a big corporation leaves and was
concerned about what would happen should Oshkosh Corporation leave. She explained
she understood there were some in the community who were opposed to the sale of the
golf course, she believed there was a larger group who was excited about opening up the
area for more public use. She stated there were numerous benefits to selling the course,
including additional jobs, a positive impact on the housing market and more green space.
She explained the community had elected Council to make these types of decisions and
a referendum was not necessary. She urged Council to make a decision in the best interest
of the entire community by working hard to keep Oshkosh Corporation.
Colleen Stadler, 1736 Sanders Street, stated she had received a violation for having brush
in her yard. She explained although she would pay the fine, she would like Ordinance
17-36B changed, as citizens were not notified and did not have an opportunity to correct
prior to receiving a fine. She stated her neighborhood was being targeted by a
disgruntled former City employee. She questioned what course of action she should take
to get the ordinance changed. She stated she believed the citizens should receive
notification and have an opportunity to correct when they were in violation of an
ordinance, as many were not aware of each ordinance.
Council Member Panske questioned if that would be something Ms. Lorenson would
review.
Ms. Lorenson explained it was a policy decision up to Council, and if Council provided
direction she would review the ordinance.
Mayor Cummings stated he believed it should be reviewed.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Council Member Herman explained she had not received a fine; the $20 charge was an
administrative fee that was requested by City staff due to the time it takes when a citizen
files a complaint or City staff notices a concern. He stated City staff needed to go to the
site and take pictures as well as draft the letter informing the citizen of the violation. He
explained she had not received a citation, which would have been approximately $150.
He stated the $20 covered the time that City staff took to investigate the complaint. He
explained while he agreed the ordinance could be reviewed, she had received a warning.
Ms. Stadler stated she would like the ordinance changed to provide notice to citizens
without a fee. She explained there was a member of her neighborhood that used to work
for the City and was familiar with the ordinances who liked to target neighbors.
Council Member Herman stated they would review the ordinance.
Council Member Allison-Aasby apologized for not responding to Ms. Stadler's original
email as it had been missed due to receiving a high volume of emails regarding other
current City hot topics.
Ms. Stadler explained she had been looking for direction and knew for the future not to
include all of Council on emails.
Council Member Allison-Aasby stated she was able to do so.
Council Member Panske explained she believed Ms. Stadler had been provided a copy of
the municipal code and an appeals form that would allow her to appeal the service fee.
Ms. Stadler stated she had received a section of the code and was not sure how to
complete the form.
Council Member Panske questioned if she had someone in City Hall that she was
working with.
Ms. Stadler stated John Zarate, Chief Building Official, had been providing assistance to
her through email. She explained she had asked for a copy of the procedure for
complaints, and had been told it was up to the discretion of the inspectors. She stated
she believed there should be a procedure.
Mr. Rohloff stated Allen Davis,Director of Community Development,would be available
to have a discussion with Ms. Stadler after the meeting regarding the administrative
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
portion of the concern. He explained Council would be able to review the ordinance from
a policy perspective.
Tom Castle, 2247 Ryff Road, stated he was present to discuss the City's relationship with
the community. He explained Oshkosh Corporation was one of the City's customers, as
was each of the citizens and businesses. He stated Oshkosh Corporation was seeking a
piece of property and while he understood how emotional the topic was for many people
it was ultimately an economic decision. He encouraged Council to explore each
opportunity to give Oshkosh Corporation what they need to stay in the community.
Clyde Williams, 619 W. 111h Avenue, stated he had received a code violation and had been
receiving them for multiple reasons recently. He explained last year he spent $4,000 for
a new gutter system for his house and a City inspector had noted that the drain by the
front of the house was not correct. He stated because he had not corrected the drain fast
enough he received a$50 fine. He explained he had been trying to sell a couple boats and
had received a citation due to the boats not being stored in a correct location on his
property. He stated his driveway was gravel and he had been parking his vehicles on
the space. He explained he had been told because the gravel was not zoned as his
driveway he was unable to park there. He explained the zoning department had
informed him he would be unable to do so because of the gravel, it would need to be
black top or concrete. He stated he had been told the gravel was not allowed as it may
get into the street. He explained there were a number of dump trucks that travelled his
road, leaving debris, and did not believe his small amount of gravel would cause a
problem. He requested the City consider zoning his driveway without the black top or
concrete being completed as he lived on a limited income.
Mr. Rohloff recommended Mr. Williams contact Todd Muehrer, the City's zoning
administrator.
Mr. Williams stated he had contacted Mr. Meuhrer and had been told he needed to install
black top or concrete in order to have it zoned as a driveway. He explained his driveway
had been in its present condition for 20 years and had not caused any problems. He
stated he did not have extra income to spend on replacing the gravel or the fines he
continued to receive for moving items around in his driveway.
Mr. Rohloff stated Mr. Williams would also be able to contact Allen Davis, Director of
Community Development, or his office to discuss what his options were. He explained
zoning variances were not approved by Council; they were approved by the zoning
board of appeals.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Council Member Herman explained the zoning code had been recently approved by
Council. He stated if the code required Mr. Willaims to black top the gravel, that was
likely the action he would need to take.
Mr. Williams stated he already had a gravel driveway.
Council Member Herman stated he understood that, however, code did not vary from
house to house, it was community wide. He explained Mr. Williams was able to appear
before the board of appeals to see if they would grant a variance.
Mr. Williams stated he believed the driveway should be 'grandfathered' in as it existed
prior to the code updates.
Council Member Herman stated that would be a request he would have to make to the
board of appeals as City staff was required to follow the code.
Mayor Cummings suggested Mr. Williams speak with Mr. Davis as it was not an issue
that Council would be able to resolve.
Mr. Williams stated he believed Oshkosh was headed in the right direction and
appreciated all the improvements that had been done throughout the City.
John Casper, 120 Jackson Street, explained he was present to speak on behalf of the
Oshkosh Chamber, a business association that represented approximately 1,000 members
in Oshkosh. He stated the chamber strongly supported the proposal that would retain
Oshkosh Corporation in the community, as the City was fortunate to be home to a
Fortune 500 company. He explained they were an economic engine for the community
that provided good paying jobs, a business base for a significant local supply chain and
brought global distinction to the region. He stated the City was competing with at least
four other communities and consequently needed to be bold and competitive. He
explained the loss of Oshkosh Corporation would be a blow that would be felt for
decades. He stated Council needed to put forward an aggressive proposal to which
Oshkosh Corporation could not say no, as now was the time for the community to work
together to secure the future of the City.
Stephanie Carlin, 2803 Stoney Beach Street, explained she had provided Council with a
copy of a presentation that had been given to the members of the board of education. She
stated the board of education would meet the following evening to vote on a resolution
to support Oshkosh Corporation and the partnerships it has with the Oshkosh Area
School District. She stated as an elected official, it was her job to do what was best for the
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
students, and keeping Oshkosh Corporation in the City was best. She explained Oshkosh
Corporation supplied talented individuals to come to the classrooms to speak about
careers in engineering and manufacturing. She stated they provided volunteers to assist
students during STEM nights as well as serve as mentors for young engineers and allow
them to participate in job shadow days. She explained the 'people first' culture of
Oshkosh Corporation extended into the community. She stated the company also
provided the school district with significant resources and funding. She explained the
charitable donations from Oshkosh Corporation directly impacted students. She stated
much of what the company did for the community went unnoticed, largely due to their
modest corporate culture. She implored the Council to invest in Oshkosh Corporation
by providing them a world-class headquarters site. She stated the children, the
community and the future of Oshkosh would benefit.
Ken Arneson, 1230 Welshhaven Drive, stated he was the president of Evergreen
Retirement Community as well as a partner in a small business in Oshkosh. He explained
it was not correct to believe that a corporation would stay simply due to a name or
history. He stated Fond du Lac had nearly lost Mercury Marine. He explained the City
was not in a position to have an organization such as Oshkosh Corporation leave the
community. He stated the decision made by Council would affect many other businesses.
He explained the project had the potential to spur significant growth in an area that had
been deteriorating. He stated he appreciated Council taking the time to listen to different
viewpoints, however, he believed it was now time for Council to take action and make a
competitive offer that no other community would match. He explained in making such
an offer, it would also extend a message to other organizations and citizens that Council
was committed to both the present state of the community and a long term prosperity.
Mark Lasky, 3190 Old Orchard Lane, stated he had grown up in Oshkosh and after
returning as an adult was excited to see the progress the City had made. He believed one
of the biggest disadvantages in Oshkosh was that the community suffered from low self-
esteem. He stated the City had a lot to offer including the state's third largest university,
a Fortune 500 company as well as beautiful waterways. He explained he had personal
experience with the Oshkosh Corporation executives and had witnessed their dedication
to the community. He stated he believed Oshkosh Corporation wanted to be here, and
the City needed to make sure they remained here. He explained he believed the City
needed to grant the corporation the land, provide them the infrastructure and create a
TIF as part of the proposal if necessary. He stated the community would benefit.
Bill Wyman, 1372 Waugoo Avenue, stated the opportunity to host the headquarters of a
Fortune 500 company was not one the City could miss. He explained Council was faced
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
with an important decision and would need to take risks to achieve goals. He requested
Council do everything possible to retain Oshkosh Corporation.
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt & Filing of Common Council Minutes from September 26, 2017
Receipt & Filing of Oshkosh Public Museum Board Minutes from September 7, 2017
Receipt of Claims filed with the City's Insurance Company:
A) Susan Vander Grinten for alleged damages due to a fall on a City street
Resolution 17-505 Approve Amendment #1 to Professional Service Agreement with
AECOM for Construction & Environmental Oversight; Jeld-Wen
Riverwalk West of Oregon Street ($164,250.00)
Mayor Cummings asked for the explanation of the word 'oversight' in relation to the
resolution.
Mr. Rabe explained the term 'oversight' was used to describe watching over the
construction contractor. He stated AECOM would function as the City's agent to make
sure that the work that the contractor performed was in compliance with the
specifications and plans. He explained the City did not have adequate staff to supervise
the construction and completion of the project.
Mayor Cummings stated he understood they would act as a project manager. He
requested the word not be used in the future and additional descriptions be provided to
explain what was happening.
Mr. Rabe indicated he had worked with AECOM and requested they revise their
verbiage.
Council Member Herman stated he had noticed that the City had been using AECOM for
a number of projects. He questioned when the City last bid out to companies who
provided similar types of services.
Mr. Rabe stated he was not certain.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Council Member Herman stated the reason he had brought it up was several Council
Members had attended a conference for the Wisconsin League of Municipalities, and
there were at least 5 similar companies present. He explained he believed it was time to
do a competitive bid or put together a request for proposal.
Resolution 17-506 Approve Revised Conditions of Specific Implementation Plan for a
Vehicle Charging Station at 2415 Westowne Avenue (Plan
Commission Recommends Approval)
Resolution 17-507 Approve Conditional Use Permit to Establish an Outdoor Storage
Use at 1850 W. Fernau Avenue (Plan Commission Recommends
Approval)
Resolution 17-508 Approve Conditional Use Permit for a Freight Terminal
Development at 3010 Bradley Street (Plan Commission
Recommends Approval)
Council Member Herman questioned if there had been any City staff discussion about
moving Bradley Street up in the CIP. He stated he was concerned that if the street was
already in poor condition that the additional semi traffic may exacerbate conditions.
Mr. Rabe stated he would need to work with City staff to evaluate the needs of the street.
He stated there may be project funding that could be allocated.
Council Member Herman stated they had heard from several community members how
important businesses were to the community, and the transport company was a new
business that would benefit from roads that could support their load.
Resolution 17-509 Approve Phase II of 2017 Great Neighborhoods Capital
Improvement Program Funding in the Amount of$7,000.00
Carmella Uptagraft, 75 Farmstead Lane, stated she was part of the North Park
Neighborhood Association, which had been in existence for approximately a year. She
explained they had embraced the idea of greater neighborhoods and had taken advantage
of everything the City had to offer to improve the neighborhood. She stated they were
utilizing grant funds to add landscaping to the median entrance that the neighbors would
maintain, as well as blacktopping a section of path that leads from the neighborhood to
the County Park.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Council Member Herman questioned if Winnebago County had been made aware that if
approved by Council, the path leading to the park would be black topped.
Steven Wiley, Assistant Planner, stated they had been in contact with County Park staff,
who approved of the project.
Council Member Herman stated he had several citizens question how neighborhoods
were notified that a neighborhood association had been formed.
Mr. Wiley explained letters were mailed to the neighborhood body.
Council Member Herman stated he supported these types of projects and believe the
work that planning and the neighborhood associations had done improved the quality of
the neighborhoods.
Resolution 17-510 Award Bid to Capelle Bros. & Diedrich Inc. for Cladding
Rehabilitation for the Oshkosh Public Library ($103,339.00)
Resolution 17-511 Award Bid to Sherwin Industries Inc. for Ride-On Scarifier for the
Sign Division ($21,964.00)
Resolution 17-512 Reassign Polling Site for Districts 5, 6, 8 & 10
Resolution 17-513 Approve Special Event — Faith Christian Center to utilize Melvin
Street during their Fall Family Harvest Party held at Faith Christian
Center/October 31, 2017
Resolution 17-514 Approve Special Event — UW Oshkosh Veterans Association to
utilize City streets for their March for the 22 Event / November 9,
2017
Resolution 17-515 Approve Special Event —Downtown Oshkosh Business
Improvement District to utilize Opera House Square & City streets
for the Downtown Oshkosh Whoville Holiday event/November 18,
2017
Resolution 17-516 Approve Special Event—Friends of the Oshkosh Parks, Inc. to utilize
Menominee Park for the Celebration of Lights / November 24
through December 31, 2017
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PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 24, 2017
Resolution 17-517 Approve Special Event — Special Olympics Wisconsin to utilize
Millers Bay at Menominee Park& City streets for the Polar Plunge &
Freezin' for a Reason 5K/February 16-17, 2018
Resolution 17-518 Approve Special Event — Run Away Events to utilize Menominee
Park&City streets for the Run Away to the Bay event/April 21,2018
Resolution 17-519 Approve Special Event — Digital Documents LLC, dba L&K
Productions to utilize Opera House Square & Market Street for
Square Fare / June 16, July 21, August 18, September 15 & October
20, 2018
Resolution 17-520 Approve Special Event — Great Lakes Timber Professionals
Association to hold the Great Lakes Logging & Heavy Equipment
Expo at Sunnyview Exposition Center/ September 6-8, 2018
Resolution 17-521 Approve Class "B" Fermented Malt License, Special Class "B"
Licenses & Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-522 Approve Intermediate Attachment of Properties from Town of
Algoma Effective March 1, 2018 per Approved Cooperative Plan
Zone B Generally Located North of State Road 91, West of USH 41,
South of State Road 21
MOTION: ADOPT (Pech; second, Allison-Aasby)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Ordinance 17-523 Approve Zone change from SMU Suburban Mixed Use District to
SMU-PD Suburban Mixed Use District with Planned Development
Overlay located at 3001 S. Washburn Street (Plan Commission
Recommends Approval)
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Ordinance 17-524 Amend Parks Ordinance Pertaining to Fishing along the south side
of the Fox River Riverwalk (Advisory Parks Board Recommends
Approval) (Staff Recommends Waiving the Rules & Adopting on
First Reading)
MOTION: SUSPEND RULES (Herman; second, Pech)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Mayor Cummings asked for an explanation of the boundaries.
Council Member Herman presented a slide that illustrated the locations where public
fishing was prohibited along the river walk. He explained the section had never been
open to public fishing and the owners of the Morgan District had requested to retain the
right of no fishing in the location so future developments would not be impacted. He
stated the parks board was in favor of the ordinance.
Council Member Panske questioned if it was an item that could be changed in the future
if the land use agreements were to change.
Council Member Herman stated that it could.
Ordinance 17-525 Modify Parking Regulations on Leeward Court West,North Westfield
Street&West 6th Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 17-526 Cancel December 26, 2017 Council Meeting
FIRST READING; LAID OVER UNDER THE RULES
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Resolution 17-527 Approve River East Neighborhood Plan (Plan Commission
Recommends Approval)
MOTION: ADOPT (Pech; second, Allison-Aasby)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Council Member Pech stated he was pleased that the neighborhood associations
continued to grow, expand and do great things for the City.
Resolution 17-528 Approve Miller's Bay Neighborhood Streetscape Vision Plan (Plan
Commission Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Pech)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Council Member Herman explained that the plan identified various activities that may
involve future allocations of healthy neighborhood funds or Community Development
Block Grant (CDBG) funds. He stated there were several ways the City funded the
projects and the plan gave the neighborhood a vision to work towards.
Resolution 17-529 Approve Amendment to Tax Incremental District No. 31
Development Agreement & Ground Lease Agreement with Fox
Valley Pro Basketball, Inc.
MOTION: ADOPT (Pech; second, Krause)
CARRIED: Ayes (5) Panske, Krause, Pech, Herman, Mayor Cummings
Present (1) Allison-Aasby
Greg Pierce, 115 Westwind Drive, Neenah, explained when they had first started the
arena project, it was clear that it could not happen without City involvement. He stated
the TIF had made it possible to remediate and build on the former Buckstaff property.
He explained the amendment would change the language to allow for a special
assessment and reduced the timeframe it would take to pay back the TIF. He stated the
interest savings in reducing the timeframe by 7 years was substantial.
Council Member Pech stated he believed Mr. Pierce explained the amendment well and
asked if Mr. Rohloff had anything to add.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Mr. Rohloff explained the timeline on the project had been tight. He stated through the
TIF, the City was assisting the developers in bringing the property up to the standard of
other properties elsewhere in the City. He explained the TIF did not fund any portion of
the building, it assisted in getting the property to a buildable state. He stated without the
TIF funds, the developer would have extraordinary costs that would make the project
cost prohibitive.
Council Member Pech asked Mr. Rohloff to clarify that the City was not paying for the
building.
Mr. Rohloff stated there had been talk in the community that the City was paying for the
arena building which was not the case. He explained due to the short timeframe of the
project, the initial numbers had been fluid.
Council Member Pech stated he understood the naming rights that were recently
announced helped with the cost of the arena building, not with the cost of the
infrastructure.
Mr. Rohloff explained naming rights were typically used to help with operational costs.
Council Member Pech stated he had been questioned on why the arena would need
additional funding after they had signed the naming rights agreement.
Mr. Pierce explained an arena was paid for by marketing and selling space; the naming
rights was only one component to be used for operational costs and selling advertising.
Council Member Allison-Aasby stated she would vote present as she had a business
relationship with the president of Fox Valley Professional Basketball.
Council Member Herman questioned what some of the items were that had added
additional costs to the project.
Mr. Rabe stated he was not aware of the site conditions and therefore unsure of what
those items were.
Council Member Herman questioned if there was a member of City staff that could
provide that answer. He stated he would like the citizens to know what had been found
that resulted in the change to the TIF.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Allen Davis, Director of Community Development, explained there was poor soil in the
area and despite soil testing it was impossible to know the exact condition of the ground
until digging began.
Council Member Herman questioned if the size of the water main on 141h Avenue was
related to the concern with the railroad.
Mr. Rabe explained the water main was not an arena related cost, it was a water utility
cost.
Council Member Herman asked for an explanation of how the 'pay-go' TIF worked for
the City and the developer.
Mr. Rohloff stated with a'pay-go' the developer fronted the cost of the project instead of
the City. He explained Fox Valley Professional Basketball was fronting the cost of
everything on the site as well as a portion of public improvements. He stated as tax
increment was generated, it would be used to pay off the money that had been fronted.
He explained the City assumed much less risk.
Council Member Herman stated Council had received numerous negative emails related
to the arena project and wanted to make sure the public understood the details. He
explained the arena would be an asset to the community. He stated he believed the
Menominee Tribe would bring value to the community through the naming rights
agreement and understood there would be a museum at the arena with their artifacts.
Resolution 17-530 Approve Specific Implementation Plan for Planned Development of
an Electronic Message Center at 3001 South Washburn Street (Plan
Commission Recommends Approval)
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Resolution 17-531 Amend 2017 Capital Improvement Program — Purchase of Conical
Section for Centrifuge No. 1 ($50,000.00)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Resolution 17-532 Approve Purchase of Conical Section for Centrifuge No. 1 from Alfa
Laval, Inc. ($43,586.94)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
Resolution 17-533 Award Bid for Public Works Contract No. 17-03 to Miron
Construction Co., Inc. for Mary Jewell Lift Station & Park Shelter
($2,981,403.60)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (5) Krause, Pech, Allison-Aasby, Herman, Mayor Cummings
Noe (1) Panske
Council Member Herman asked for an explanation of the lift station.
Steve Gohde, Assistant Director of Public Works, explained the new lift station was
intended to replace the small lift station that was located on the corner of Punhoqua
Drive. He stated the need for the lift station had been driven by the Sawyer Creek
dredging project. He explained a syphon had been installed after a dam was discovered
within the Sawyer Creek water system, and it was not doing an adequate job of
preventing backups.
Council Member Herman questioned if the project would impact the potential future
infrastructure of Oshkosh Corporation.
Mr. Gohde stated he would anticipate that area would be drained via gravity to a sanitary
sewer system at the intersection of Westfield Street and Oshkosh Avenue.
Council Member Allison-Aasby clarified that the City was not building a $2.9 bathroom.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Mayor Cummings reminded Council of the budget workshops on October 301h and 31s'
from 8:00 a.m. until 5:00 p.m.
Mr. Rohloff explained City staff would be prepared to talk about their budget requests
and any reductions Council requested.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Council Member Pech indicated he may be absent for a portion of the workshops due to
his job.
Mr. Rohloff explained Council had requested that a survey of City committee/board
members, Council and City staff be completed to determine interest in the various
options that had been presented to Council. He stated the results had been included in
the Council packets. He explained there had been interest in consolidating the parking
utility and the traffic review advisory boards. He stated there was also interest in folding
the Grand Opera House advisory board into the landmarks commission. He explained
he believed it would make sense to fold the equal housing opportunity commission into
the rental housing committee. He stated the rental housing committee had generated a
lot of interest in the community and there was ongoing activity, while the equal housing
opportunity commission had not held a meeting in 15 years. He explained there had not
been much interest in removing Council liaisons. He stated there had been positive
response related to making the long range finance committee an ad-hoc committee, aside
from Council's response. He explained in terms of changing membership criteria for local
option committees by allowing non-resident participation, there had been moderate
support.
Council Member Herman asked what City staff would like from Council.
Mr. Rohloff recommended the Council liaison bring the information back to their
respective boards/commissions and gather input.
Council Member Herman stated it would be beneficial to know how many times each
group was not able to establish a quorum and when meetings were cancelled due to lack
of subject matter.
Mr. Rohloff stated that information had been part of the survey.
Council Member Allison-Aasby stated she believed it was a good idea for Council liaisons
to go back to their respective boards/commissions for further discussion. She explained
while there were some members who had served for long periods of time because they
enjoyed participating, there were others who served simply because they did not feel
there was anyone else willing to do so.
Mr. Rohloff explained he would direct City staff to put the topic on the various
board/commission agendas. He stated he believed Council should lead the discussions
as it was a policy issue. He requested Council provide him with feedback after the
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
discussions, and they would then determine how to move forward. He stated what had
been done traditionally was that the group started large, and as terms ended, those
individuals were not replaced.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
There were no Council Member announcements or statements.
CITY MANAGER ANNO UNCEMENT AND STATEMENT
Mr. Rohloff stated the outstanding issue with the arena project was dealing with the
railroad. He explained he had reached out to Congressman Grothman's office as well as
Senator Johnson's office to request assistance. He stated the while the water main
component was not urgent, the storm sewer concern was. He explained that weather
permitting, most of the areas surrounding the arena would be complete; it was the area
near 141h Avenue that was delayed.
Mr. Rabe stated he had been informed that City staff felt confident that the public
infrastructure would be completed on time in the immediate vicinity of the arena.
Council Member Pech questioned what the response had been from the representatives
Mr. Rohloff had reached out to.
Mr. Rohloff explained the response had been positive and they wanted to help. He stated
he did not believe they could force the railroad into action, however, he believed they
would be able to have an influence.
Mr. Rabe stated he had a discussion with a representative from Congressman Grothman's
office and learned that they had met with the Canadian National staff in Washington to
address concerns.
Council Member Pech asked for an explanation of the news coverage on the issue.
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
Mr. Rabe stated a reporter from a Green Bay news station had reached out to the City
Manager's office and had later visited City Hall to ask questions.
Council Member Herman explained at the Wisconsin League of Municipalities
conference there had been a break out session regarding railroads, and the session had
been full; numerous municipalities were having issues, specifically with Canadian
National Railroad. He stated it had been brought to his attention that the railroad did
not like when resolutions were drafted, as it pushed them towards action. He explained
he believed Council should draft a resolution asking the railroad to work with the public
works department to complete the project. He stated he believed flooding was the
primary concern.
Mr. Rohloff stated he would discuss preparing a resolution with City staff.
Council Member Pech questioned if the potential flooding could impact the railroad's
crossing.
Mr. Rabe stated yes; he explained although City staff had brought that to their attention,
the response from the railroad had not improved.
Mr. Rohloff stated the City had worked with Wisconsin and Southern Railroad for the
transload site and they had been cooperative. He explained the collection office had
historically opened at 7:30 a.m. to accommodate building inspections, however,
payments could now be made in the inspections office via credit card and the number of
individuals using the collections office between 7:30 a.m. and 8:00 a.m. was low. He
stated the collection office hours would be changed to 8:00 a.m. to 4:30 p.m.,which would
allow for better coverage during the day, beginning Monday, October 301H
MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION
PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE
STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY,
PARAMETERS AND TERMS RELATED TO THE NEGOTIATION
OF POSSIBLE AGREEMENT FOR THE REDEVELOPMENT OF
LAKESHORE MUNICIPAL GOLF COURSE, WHERE
COMPETITIVE BARGAINING REASONS REQUIRED A CLOSED
SESSION (Herman; second, Pech).
CARRIED: (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor
Cummings
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PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017
MOTION: ADJOURN (Allison-Aasby; second, Panske)
CARRIED: VOICE VOTE
The meeting adjourned at 7:39 p.m.
PAMELA R. UBRIG
CITY CLERK
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