HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
NOVEMBER 28, 2017
REGULAR MEETING held Tuesday, November 28, 2017, at 6:00 p.m. in Council
Chambers, City Hall
Mayor Cummings presided.
PRESENT: Council Members Tom Pech, Jr., Lori Palmeri, Deb Allison-Aasby, Steven
Herman, Caroline Panske, Jake Krause and Mayor Steve Cummings
ALSO PRESENT: Mark Rohloff, City Manager;Angela Joeckel, Deputy City Clerk;Lynn
Lorenson, City Attorney; and Trena Larson, Finance Director
Council Member Pech read the Invocation.
The Pledge of Allegiance was led by Elizabeth Brechlin & Mady Clark from Valley
Christian School.
INTRODUCTION OF CITY STAFF
Jim Collins, Director of Transportation, introduced Korbin Figg, Transit Operations
Manager for GO Transit.
PUBLIC HEARING
Ordinance 17-589 Approve Amendment to Comprehensive Land Use Maps Changing
the Land Use Designation for Properties Generally Located at 1610
Oshkosh Avenue to 1746 Oshkosh Avenue from Residential to
Commercial
FIRST READING; LAID OVER UNDER THE RULES
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
CITIZEN STATEMENTS
Deb Martin, 164 Wyldewood Drive, stated she was in attendance with a group of
concerned citizens who had learned that there were students in the K-12 system who
missed school on occasion because they did not have money for the bus. She explained
her group, called ESTHER, had discussed the concern with students at Oshkosh North
and West High Schools, as well as the school board. She stated they would like to explore
solutions to ensure transportation was not a barrier for any K-12 student to attend school.
She explained middle and high school students were most at risk. She stated she had
read in the paper that the Council had approved $8.9 million to assist with the new arena
and she believed if the City had money for that, there should be money allocated to help
transport students to school. She explained they had learned at the school board meeting
that there were students who were not able to attend after school programs because they
lacked the transportation to get home. She stated a City bus pass would allow the
students to use public transportation, similar to UW Oshkosh and Fox Valley Tech
students.
Loren Rangeloff, 3020 Oregon Street, stated he believed the inspection services
department was harassing citizens. He explained they stated they did not take action
unless they received a complaint, however, he believed an employee drove around
looking for items to address. He stated he had received a fine for not having his dumpster
in an enclosure, despite the fact that there were multiple dumpsters throughout the City
in the same condition. He explained he believed the City was putting too much stress on
small businesses with the high cost of storm water. He stated on one of his parcels, the
bill was nearly $3,000 each quarter. He explained the increase in property assessments
was also costly, and the City made it difficult to do business in Oshkosh.
Council Member Palmeri questioned in regards to the increase in property assessments,
if he was referencing commercial or residential properties.
Mr. Rangeloff stated both. He explained he understood the City needed to collect money,
however,having an increase in multiple items at once was too much of a stressor on small
businesses. He stated having a water bill over$1,000 a month when all he had was a sink
and a toilet was too much.
Council Member Pech questioned if he was referencing his water bill.
Mr. Rangeloff explained it was his water bill and storm water bill combined. He stated
it was approximately$3,000 each quarter for his 4 or 5 acre property.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Jennifer Considine, 300 Dale Avenue, explained she was a member of ESTHER, which
was an interfaith social justice group. She stated she had a conversation with a social
worker at Oshkosh North who explained at least every other day, a student approached
her and requested money for a bus pass because they could not afford the transit fee. She
explained they had surveyed 705 high school students in the community and discovered
that 26% had missed at least one day of school this year due to a lack of access to
affordable transportation. She stated this was specific to youth who lived within the City
limits. She explained the state had a law that did not require the school district to provide
transportation to children who lived within the City. She stated elementary school
students lived in close enough proximity where walking was not difficult, however,
middle & high school students were further spread out and walking became difficult,
especially in winter. She explained 127 of the survey respondents indicated they used
the City bus and she had engaged in discussions with Jim Collins, Director of
Transportation, to discuss how the community could address the concern. She stated the
concern spread beyond simply getting to school; high school students often had after
school jobs and struggled to find transportation to work. She explained they were
proposing a revenue agreement between GO Transit and the school district. She stated
it had been estimated that the agreement would be for approximately $50,000, however
further negotiations would need to take place. She explained there were existing revenue
agreements with UW Oshkosh and Fox Valley Technical College, where students, staff
and faculty were able to ride the bus at no cost. She stated several other municipalities
including Green Bay and Appleton have similar arrangements. She explained the Urban
Institute had released a study in 2017 talking about how such arrangements benefit the
students and their families as well as the community through less traffic congestion and
less issues with truancy which put less pressure on juvenile court systems. She
encouraged Council and transit advisory board to discuss the concern.
Council Member Pech questioned if they had addressed trying to promote carpooling.
Ms. Considine explained they had not addressed carpooling as an organization. She
stated that while she agreed that carpooling,walking and biking were potential solutions,
there were some families in the community that do not have a vehicle or live close to
someone else who had a vehicle. She stated she regularly helped with carpooling and
understood it was an additional burden on a family to depend on somebody else. She
explained they want their kids to have the freedom and ability to take the bus. She stated
studies showed when youth took the bus in high school they tended to utilize public
transportation throughout their lives, which was good for the transit system as a whole.
She explained while she agreed carpooling could be part of the solution, a shared revenue
agreement could be another part of the solution.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Palmeri stated she was grateful that the members of ESTHER had
brought the concern to Council's attention. She explained she was hopeful that the transit
advisory board, school district and Council would discuss the concern. She stated as a
parent she understood the difficulty and appreciated their efforts.
Council Member Panske questioned how other municipalities monitor if students were
using the bus passes to go to school and not skip school to go somewhere else.
Ms. Considine stated she had not seen research from other communities looking at that
aspect. She explained if students were not using the bus pass to go to school they would
be truant which would become evident to social workers.
Council Member Panske explained she understood one of the concerns was addressing
truancy, and she did not want to encourage it by giving students a free pass. She asked
if there was a timeframe in mind.
Ms. Considine explained there was a study completed in Los Angeles after they
implemented a similar program and truancy decreased by 7%. She stated in terms of
timeline, she would like discussions to begin as soon as possible. She explained Green
Bay had launched their program at the beginning of the school year, which she felt was
an appropriate time. She stated as a short term solution for winter, they were holding
fundraisers to provide transportation assistance to students who were struggling.
Council Member Panske questioned how the community could help in the meantime
until it was formally addressed.
Ms. Considine stated ESTHER was collecting funds to be given to the school district in
order to meet the short term transportation needs.
Council Member Allison-Aasby stated she appreciated the organization bringing the
concern to Council. She explained she was a proponent of dealing with poverty,
especially when it came to the impact it had on children. She stated the funding from the
state for transportation had been significantly cut, and while there was a need for the
youth, there was also a need for the disabled and the elderly. She explained she wanted
to be clear that it was not that Council did not wish to support the children; they had to
address the needs of multiple groups. She stated she was glad it was being discussed
and there were areas that needed improvement.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Ms. Considine stated she agreed,which was why she believed it needed to be a joint effort
between Council, the school district and perhaps private donors who would like to step
forward to help make it happen.
Council Member Pech asked what the estimated cost would be.
Ms. Considine stated it was approximately$63,000. She explained the school district was
already paying between$13,000 and $19,000 to GO Transit.
Council Member Herman stated it was a community concern that needed to be
addressed, and he requested Mr. Rohloff put the topic before the boards and
commissions. He explained there had been a recent study completed, and he believed
Mr. Fitzpatrick met with the school board quarterly and could begin discussions.
Mr. Rohloff explained he believed the issue would be addressed with the transportation
development plan (TDP), and the transit advisory board would discuss the concern. He
stated the TDP was being revised and it was an appropriate time to address the concern.
Bill Van Lopik, 2518 W. Sunnyview Circle, Appleton, stated he was an organizer with
ESTHER, and had conversations with school counselors who believed solving the
transportation issue would have significant impact. He explained that recent studies
show that children were the highest demographic group to live in poverty in Wisconsin.
He stated Green Bay had implemented a similar program as the bus allowed students to
get to school, other activities and jobs. He explained utilizing the transit system allowed
youth to feel independent. He stated it lessened traffic congestion and was educational,
as students who rode the bus needed to check routes and make a plan. He explained a
recent University of Illinois study showed investing in affordable public transportation
systems improved public health by reducing obesity. He stated he and the group
ESTHER believed it was an important topic for Oshkosh to consider.
Council Member Pech stated he understood it was important, and explained that the
funding for public transportation from the state had dramatically decreased. He
explained it was both a local and statewide issue, and asked the organization to help the
City work with the state to come to a solution.
Mr. Van Lopik explained they had addressed the concern at the state level by giving
multiple testimonies at the joint finance committee in spring, advocating for additional
transportation funding.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Krause stated although it may be a state issue, it was initiatives like this
that helped make a community progressive and attract new families to the area.
CONSENT AGENDA
Report of Bills by the Finance Director
Receipt of Claims filed with the City's Insurance Company:
A) Celia Sawicki for alleged damages to vehicle from construction site
Resolution 17-559 Appfeve Final Plat known as Thifd Addition to Casey-�s Meadow
WITHDRAWN
BY STAFF
Resolution 17-560 ,
Gfayeling & Cl.,,EFete Paving / Third Aadifiei , to Casey's Meadow
Setih WITHDRAWN BY STAFF
Resolution 17-561 AEEeft-& Appfeve Waivef of Sp«ia? Assessment NeifiEe & geaf ro
;n CenneEtk)R withT,,,,-.,,,,t.,,,,,ents � Thifd A dd;tien to
Meas WITHDRAWN BY STAFF
Resolution 17-562 App T
-fir" t � Thifd AdditionCasey's
Mea WITHDRAWN BY STAFF
Resolution 17-563 ,
-RErete T tion to Casey's Meadow Settt4-,
WITHDRAWN BY STAFF
Resolution 17-564 Approve Engineering Services Agreement with Speedy Clean Drain
& Sewer for Sanitary & Storm Sewer Main & Lateral Televising
($93,900.00)
Resolution 17-565 Approve Special Event - Hmong Service Center, Inc. to hold the
Hmong National Memorial Day Festival at Winnebago County
Community Park/May 26 & 27, 2018
Resolution 17-566 Approve Special Event-Father Carr's Place 2B to utilize City streets
for the Father Carr's Bridge Walk/June 2, 2018
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Resolution 17-567 Approve Special Event — Central Wisconsin Auto Collectors to
utilize South Park for the Central Wisconsin Auto Collectors Benefit
& Car Show/June 24, 2018
Resolution 17-568 Approve Special Event — Sago Walleye Club to utilize Menominee
Park for the Sago Walleye Club Tournament Series /June 3, June 24,
& July 15, 2018
Resolution 17-569 Approve Special Event—Community for Hope to utilize Menominee
Park & City streets for the 5K Walk for Suicide Awareness /
September 22, 2018
Resolution 17-570 Approve Appointment to Landmarks Commission
Resolution 17-571 Approve Combination "Class "B" License, Agent Change for
Combination "Class "A" License, Special Class "B" License,
Operator Licenses, Taxi-Cab Driver & Secondhand Dealer Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 17-572 Approve Amendment to Comprehensive Land Use Maps Changing
the Land Use Designation for Properties Located on the South Side
of State Highway 91 between Clairville Road & State Highway 44
from Industrial to Commercial (Plan Commission Recommends
Approval)
MOTION: REFER BACK TO PLAN COMMISSION (Allison-Aasby; second,
Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Jacqui Miller, 401 Ranger Street, Mosinee, stated she was present to represent SC
Swiderski, and explained they proposed to be the developer of the project, and were also
real estate investors, therefore they would own and manage the property. She stated the
plan commission had testimony and discussion over several meetings. She explained the
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
risk/responsibility for the project would be on the developer, and in the over 20 projects
they had developed in the area, they had a 96% occupancy rate. She stated the vacancy
rate for multi-family units in Oshkosh had decreased over the last several years, and was
presently 3.9%. She explained rent rates had increased over the last 4 years while new
units had been added to the market, which were strong signs that there was demand for
multi-family units in the community. She stated they were requesting the zoning be
changed to commercial; Council would have the opportunity to decide on the
development at a later date. She explained rezoning the area to commercial may spur
other developments. She stated approving the zoning change would allow the company
to do further research and come back to Council with a development proposal.
Jason White, 1204 Fairfax Street, stated Greater Oshkosh Economic Development
Corporation (GO-EDC) was responsible for administering the restrictive covenants for
the business, aviation and industrial parks. He explained they were also responsible for
helping the tenants within those parks grow, and seek out new opportunities. He stated
in January, their industrial development committee had been asked to review the
potential apartment complex development, and had determined there was no reason to
oppose the project. He explained in March, the committee had met with the plan
commission and discussed the housing market, population growth trends of the
community and availability of industrial land. He stated they discussed the potential for
the project to attract employees to businesses in the southwest industrial park. He
explained based on the information, it had been determined that there was no reason to
impede the project. He stated in August, the plan commission held a workshop that was
entitled 'neighborhood meeting comp plan use amendment'. He explained based on the
generic description, GO-EDC had not been aware that the workshop would involve a
discussion of the large area of land inside and in the area of the southwest industrial park
or that there would be a proposed comp plan change to commercial mixed use. He
explained GO-EDC was in support of the project, maintaining the integrity of the
southwest industrial park and keeping options open, particularly with the potential
growth the new transload facility may bring. He stated he believed as much acreage to
the west of the parcel should be preserved for future industrial use. He explained he did
not believe the item was ready for Council approval at this point in time. He
recommended Council send the proposal back to the plan commission and allow GO-
EDC to bring their concerns back to their industrial development committee for
discussion.
Gary Eake, 947 Trillium Trail, stated he represented the property owners who were
interested in selling the property to SC Swiderski. He explained technically, the
Swiderski development was not before Council for approval, however, their interest had
triggered the plan commission and City staff to consider if a review of the comprehensive
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
plan was in order. He explained it was recommended that the zoning change to
commercial mixed use to allow multi-family development after obtaining a conditional
use permit. He stated between 2010 and 2016 there were no southwest industrial park
land sales. He explained the benefits from a land use and residential housing demand
perspective. He stated he did not anticipate noise from the transload facility being a
concern. He explained the developers were not seeking TIF funds or other financial
incentives.
Jason Murphree, 1179 McMahon Drive, Sun Prairie, stated he was present to represent
Watco Companies. He explained Watco did not disagree with the development of an
apartment complex where it was currently proposed,he stated they were concerned with
land to the west. He stated he disagreed with the earlier statement that industrial
development in Oshkosh was stagnant; Watco believed Oshkosh was the greatest area of
growth along the Wisconsin Southern Railroad system. He explained they presently did
approximately 4,000 car loads out of Oshkosh and were projecting double that amount
by 2020. He stated there were at least 5 prospective industrial developments interested
in the area due to the new transload facility. He explained they were not concerned if the
land use were to be changed to the east of the facility. He requested the plan commission
reconsider their recommendation.
Mayor Cummings stated the resolution was related to the comprehensive land use map
change and not the proposed development.
Darryn Burich, Planning Services Manager, stated changing the comprehensive land use
map would still require considerable work in the future for the property to be rezoned
and developed.
Council Member Allison-Aasby stated she agreed with comments made by Mr. White
and was not prepared to vote on the resolution.
Council Member Palmeri asked for an explanation between the difference between
commercial and commercial mixed use.
Mr. Burich stated the current comprehensive land use map plans only had commercial
designation, however, zoning districts had commercial mixed use designations.
Council Member Panske asked for an explanation of the timeline of the petitioner's
request and City staff's recommendations.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Mr. Burich explained after the petitioner had made their request, City staff looked at the
broader area from a land use and zoning perspective. He stated if City staff did not
change land use to the west of the proposed development, there was the potential for
heavy industrial to exist immediately adjacent to commercial mixed use.
Mayor Cummings questioned if Council approved a change to the comprehensive land
use map from industrial to commercial, could different developers make proposals for
the site.
Mr. Burich stated it was possible. He explained the change would allow for other
developments aside from heavy industrial to pursue the area.
Mayor Cummings stated he believed that discussion about the proposed development
may be premature as changing the land use could bring in other possibilities.
Mr. Burich stated he agreed. He explained it was up to the City if the property was
annexed and what zoning designation it received.
Mayor Cummings explained he believed Council should focus on the possibilities with
the land use change and not the development.
Mr. Burich agreed.
Council Member Palmeri asked for an explanation of the difference between heavy and
light industrial use. She questioned how moving in this direction did not promote further
sprawl and spatial mismatch. She stated she did not believe that City buses currently
traveled out that far.
Mr. Burich explained light industrial included factory operations, assembly and
fabrication. He stated such activities typically happened on the inside of a structure. He
explained the City permitted light industrial facilities in the commercial districts because
they did not have negative impacts to the neighborhoods. He explained heavy industrial
was composed of larger facilities such as Oshkosh Corporation where there was heavy
product manufacturing and product storage outdoors. He stated considering the impact
of sprawl, and whether or not the residents would be on a bus line, was somewhat
premature. He explained changing the land use would prevent a developer from
establishing large manufacturing facilities. He stated the points that had been brought
up were valid and should be discussed in the future. He explained City staff would
continue to do good land use planning by correctly designating potential growth areas.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Palmeri questioned if the City had met the growth targets that were
projected. She stated she believed Council had received conflicting information.
Mr. Burich stated it depended on which document they were reviewing. He explained
growth in the community was relatively low, approximately 1%. He stated determining
the reason behind that would require a more detailed housing analysis.
Council Member Herman questioned if the land was located in the Town of Nekimi.
Mr. Burich stated yes.
Council Member Herman questioned what the annexation status was.
Mr. Burich stated it was considered a City expansion area and was not considered a
protected area. He explained the protected areas were properties within the towns where
the City did not exert any kind of land use control.
Council Member Allison-Aasby stated she appreciated the interest from companies
looking to come to Oshkosh and develop. She explained she believed it was important
to not take development in the area lightly; she believed in the past there had been a lack
of vision and planning. She stated she understood and appreciated the time and effort
City staff had put into the topic, however, Council had recently had several major topics
to review and needed additional time to arrive at the correct decision. She explained she
believed it should be referred back to the plan commission for further review/discussion.
Mr. Burich requested Council provide City staff with guidance related to what additional
information they would like to see if the topic was referred back to plan commission.
Mayor Cummings stated he was aware that residential growth was flat in the City, while
growth was occurring in the towns, such as Town of Algoma,just outside the City.
Council Member Herman stated he believed it was important that GO-EDC, the City's
transportation department and Watco remain part of the discussion. He explained the
transload facility was new to the City and planning for the area around the site needed
to be completed thoughtfully.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Ordinance 17-573 Amend Chapter 16 Housing Code of the Municipal Code to Create
Section 16-33(A)(10) Pertaining to Carbon Monoxide Detectors &
Section 16-46(B) Pertaining to Carbon Monoxide Detectors Penalties
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-574 Repeal & Recreate Portions of Chapter 13 Fire Prevention to Adopt
Updated Provisions of The International Fire Code (IFC) & Pertaining
to the Forfeiture for Smoke Detector / Carbon Monoxide Detector
Violations
MOTION: ADOPT (Panske; second, Herman)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-575 Approve Zone Change from I Institutional District to I-PD
Institutional District with Planned Development Overlay; 425 Lake
Shore Drive — Water Filtration Plant (Plan Commission
Recommends Approval)
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-576 Designate Bike Lanes on Both Sides of Wisconsin Street from the
Riverwalk Sidewalk Connections on the North end of the Bridge to
Irving Avenue
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 17-577 Med fking Regulations on 91' Aventie WITHDRAWN BY
STAFF
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Ordinance 17-578 Modify Parking Regulations on New York Avenue (Staff
Recommends Waiving the Rules &Adopting on First Reading)
MOTION: SUSPEND RULES (Pech; second, Panske)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
MOTION: ADOPT (Pech; second, Panske)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Ordinance 17-579 Establish Street Grades /Third Addition to Casey's Meadow South
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 17-580 Authorize Public Construction/Third Addition to Casey's Meadow
South
FIRST READING; LAID OVER UNDER THE RULES
Resolution 17-581 Approve General Development Plan for the Planned Development
of a Water Filtration Plant & Clear Wells at 425 Lake Shore Drive
(Plan Commission Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Resolution 17-582 Approve Special Event — Christine Ann Domestic Abuse Services
Inc. to utilize Menominee Park & City streets for the Race for the
Light Walk- Run/December 2, 2017
MOTION: ADOPT (Herman; second, Panske)
CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor
Cummings
Present (1) Pech
Council Member Pech stated he would excuse himself from consideration of the
resolution due to his affiliation with the event.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Resolution 17-583 Approve Secondhand Dealer License for Fabulous Finds
MOTION: ADOPT (Herman; second, Pech)
CARRIED: Ayes (6) Pech, Allison-Aasby, Herman, Panske, Krause, Mayor
Cummings
Present (1) Palmeri
Council Member Palmeri stated she would vote present on the resolution as she had a
business relationship with the applicant.
Resolution 17-584 Receive & File a Petition for Direct Legislation to Reduce the
Forfeiture for Possession of Marijuana to $25
MOTION: ADOPT (Herman; second, Allison-Aasby)
MOTION: AMEND TO INCLUDE DIRECTION TO CITY STAFF TO PREPARE
QUESTION FOR REFERENDUM (Panske; second, Krause)
MOTION WITHDRAWN
VOTE ON ORIGINAL MOTION TO ADOPT
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Brian Hamill, 210 N. Main Street, stated he represented the petitioner, who had
previously filed a petition that included inefficiencies with signatures. He explained the
City Attorney had prepared a brief at that time that explained she did not feel it was not
appropriate to repeal/amend an existing ordinance and therefore believed the petition
failed for legal reasons. He stated the petition with over 3,500 signatures of local citizens
had been denied. He explained a new petition had been started and had been changed
to not repeal/amend the existing ordinance; it was changed to add to the City ordinance.
He stated they had gathered over 3,600 signatures from the residents of Oshkosh and the
requirements for those signatures had been met. He explained earlier in the day, he had
seen a memo from the City Attorney addressing the legality of the petition and direct
legislation. He stated the petition was requesting Council to allow for direct citizen
legislation, which came with restrictions, however, he explained he disagreed with the
memo. He explained he believed the factors involved were different from what was
stated in the memo. He stated he understood when Council received a memo from the
City Attorney they would believe it to be a correct representation of the law. He
explained there was disagreement related to the law and different ways the law could be
interpreted. He stated the memo explained the petition attempted to repeal/amend an
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
ordinance while he believed it would be an addition to the existing ordinance. He
explained case law in Wisconsin stated this type of action could not compel a Council to
repeal an existing ordinance, or compel a Council to pass a new ordinance. He stated the
petition did not make an amendment to the existing ordinance and would not require
Council to make any changes to the ordinance. He explained it set a fine for the
possession of marijuana to a significantly lower amount than previously set. He stated it
did not matter how each Council Member felt personally about the subject; the petition
was a reflection of the opinion of the citizens. He explained direct legislation existed to
allow citizens to have a voice and put forth change. He stated they had collected the
signatures and now were faced with short deadlines. He explained he would like to
answer any legal questions.
Council Member Pech stated he understood that law could be interpreted various ways.
He questioned if there was a disagreement about the interpretation of the law, why it
would be assumed that Mr. Hamill was correct.
Mr. Hamill explained it was common in the legal field for laws to be interpreted
differently.
Council Member Pech questioned if Mr. Hamill was stating Ms. Lorenson misread the
statutes while he read them correctly.
Mr. Hamill stated yes.
Council Member Pech questioned if Mr. Hamill was asserting that the petition did not
change anything, how the fine could change to $25.
Mr. Hamill stated it was a new ordinance that would not require Council to change
anything. He explained Wisconsin case law stated that as long as Council was not
required or compelled to change an ordinance, this type of direct legislation could pass.
Council Member Pech questioned if marijuana was still criminalized in Wisconsin.
Mr. Hamill stated in some places it was.
Council Member Pech asked Mr. Hamill to clarify.
Mr. Hamill explained there were some municipalities that had changed their ordinances.
Council Member Pech questioned if possession of marijuana was a criminal offense in
Wisconsin.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Mr. Hamill stated not always;it depended on the amount and the community the incident
occurred in.
Council Member Pech questioned if marijuana was legal.
Mr. Hamill stated no. He explained he was not an expert on the marijuana laws of
Wisconsin.
Council Member Pech stated if he was not claiming to be an expert, what he was
presenting was his opinion that his reading of the state statutes trumps Ms. Lorenson's
reading.
Mr. Hamill stated individuals can misread statutes, or they can be interpreted differently.
He explained he was not stating that he was more educated than Ms. Lorenson.
Council Member Pech explained Mr. Hamill had stated he was not an expert in marijuana
law. He stated he was also not an expert in the reading of the state statutes.
Mr. Hamill stated he was not an expert, although the state statute had nothing to do with
marijuana, it was related to direct legislation. He explained he believed Ms. Lorenson
interpreted the law incorrectly in her memo. He stated in the case law it was described
as compelling Council to make a change, and in her memo it was stated 'amends' or
'changes'. He explained he believed the intent of the law was to prevent Council from
being required to amend an ordinance.
Council Member Palmeri stated Council had been provided informational packets from
Mark Kelderman. She questioned if Mr. Hamill was representing the petitioners.
Mr. Hamill stated he was representing Mark Kelderman and the additional petitioners.
Council Member Palmeri questioned why Council would receive information directly
from Mr. Kelderman if Mr. Hamill was their representative.
Mr. Hamill stated the depth of his representation of Mr. Kelderman was between himself
and Mr. Kelderman.
Council Member Palmeri stated information that Council had received was that the City
of Oshkosh already had an ordinance regulating marijuana possession that was non-
criminal in nature. She requested an explanation of what that existing ordinance was, as
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
she believed what Mr. Hamill and the petitioners were asking for was already an option
that could be used by law enforcement.
Ms. Lorenson questioned if she should answer Council Member Palmeri s question now
or when it came back to Council for discussion.
Council Member Palmeri stated when it was time for Council discussion.
Mayor Cummings stated the resolution was to receive and file the petition. He explained
he did not believe there needed to be further action beyond that. He stated Council was
not present to engage in a legal debate.
Connor Douglas Metz, 720 Cherry Street, #16, stated he lived in the area near the
University and was certain anyone who lived within City limits was aware that every
weekend hundreds of individuals participated in heavy consumption of alcohol. He
explained each week brought new reports of violence, break-ins, burglaries and sexual
assaults. He stated there were concerns that in these same neighborhoods where this
type of activity was happening, people who were consuming a plant (cannabis) could
have their doors kicked in and be treated as felons, lose the right to vote and potentially
face prison time. He explained the petitions would continue until Council recognized the
need to decriminalize marijuana in Oshkosh.
Sandra Lynn Handel, 323 W. 81h Avenue, stated she had helped petition both last year
and this year to reduce the fine for first time possession of cannabis. She explained during
her time petitioning she had several conversations with Oshkosh residents, the vast
majority of whom supported the petition. She stated while many were eager to sign,
some individuals were hesitant due to the fear of repercussion. She explained many
individuals had said they would feel more comfortable voting privately than putting
their name on a public document. She stated she had a conversation with a recovering
heroin addict who explained how difficult it was to get into treatment as the facilities
were inundated with individuals who were court ordered to seek treatment for cannabis.
She explained she believed lifesaving treatments were being taken away from true
addicts and resources spent on individuals who had been charged with cannabis
possession. She stated decriminalizing cannabis would save the criminal justice system
money and resources, which could be used to fight more serious crime such as the heroin
epidemic, violent crimes and break-ins. She explained she understood there were
individuals who believed lowering the fine would encourage cannabis use among the
youth. She stated according to a study by the American Pediatric Association, the rates
of youth who smoked marijuana did not change after their cities or states enacted
decriminalization laws. She explained an individual who received a $350 possession
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
ticket had to choose between paying rent, buying groceries or paying the fine. She stated
people charged with a second offense became felons, making it harder to find
employment, applying for student loans and getting out of the economic hole that would
follow them for a lifetime. She explained she believed there was an emerging public,
political and scientific consensus that otherwise law-abiding individuals should not be at
risk for unemployment, homelessness or arrest simply for using/possessing cannabis.
She urged Council to support the petition.
Council Member Pech questioned what the cost of marijuana was.
Ms. Handel stated it could vary depending on the amount, and cost as low as $20. She
explained there was not a large financial investment in smoking marijuana.
Council Member Pech questioned if there should be $150 fine for jay-walking.
Ms. Handel stated she did not know.
Mayor Cummings stated a simple financial solution would be to not use marijuana. He
explained everyone was faced with choices, and there were consequences to the wrong
choice.
Cindy Lou Kerwin, 130 Stoney Beach Road, stated she had supported the petition for
medical reasons. She explained her partner had lung cancer and she was frustrated that
he did not have access to medical marijuana in Wisconsin. She stated she had several
other family members who battled cancer and she believed they should be able to utilize
marijuana for health reasons without facing criminal charges. She explained there were
multiple benefits that the community could utilize including medicine, clothing and
concrete from cannabis.
Mark Kelderman, W2457 Lomira Drive, Brownsville, stated he was a spokesperson and
an organizer for the petition. He explained they had been pleased to meet the signature
requirement and the determination of whether or not it was an appropriate subject for
direct legislation had yet to be determined by a court of law. He stated he was frustrated
to hear the negative things that had been said about marijuana users. He explained there
was a range of people from hospice nurses, those who worked with addicts and
individuals in pain from diseases like cancer who saw the benefits to marijuana use. He
stated marijuana was not a gateway drug, teen use did not increase with legalization and
opiate use decreased with marijuana legalization. He explained several surrounding
states had some form of medical marijuana. He stated 29 states had decided
decriminalization was a state's rights issue and in regards to whether or not marijuana
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
was legal,it was undecided. He explained the petition for direct legislation was protected
by special election law and they were advocating for the large number of people who had
signed the petition both this year and last. He requested that Council work with them
instead of against them and explore an option that did not need to result in litigation.
Council Member Palmeri stated she appreciated the fact that the tone from the petitioners
had changed since the last time they had appeared before Council. She asked for an
explanation of the signature total regarding revisions.
Ms. Lorenson explained the total had been revised to reflect corrections that had been
submitted and the sufficient amount of signatures therefore had been reached.
Shawn Kelderman, W2457 Lomira Drive, Brownsville, stated a number of individuals
had worked hard to obtain the required amount of signatures. She explained the stories
that were shared while petitioning were heartbreaking, and included people seeking help
from Parkinson's and epilepsy. She stated she understood it was illegal in Wisconsin,
and that the petition was not asking to make it legal, only to make the fine more
representative of the actual crime. She read a statement from Aaron Wojciechowski, 720
Cherry Street, Apartment C, who had registered to speak and was not able to attend the
meeting. He expressed his support for legalizing and decriminalizing marijuana, and
believed this was a step in the right direction. He stated reform discussion was taking
place throughout the government and Oshkosh had an opportunity to be a leader. He
encouraged Council to accept the petition and reduce the fine.
Dean Smith, Chief of Police, explained there was an existing ordinance related to
marijuana possession, which was what was enforced. He stated in 2016 the Oshkosh
Police Department (OPD) wrote approximately 122 ordinance violations for possession
of THC, and 127 violations in 2017. He explained a portion of those individuals had been
referred for criminal charges. He stated that the issue that concerned him was the
potential for distribution of narcotics. He explained the OPD was actively pursuing drug
dealers within the community. He stated there were a number of crimes that were linked
to drug trafficking, including robbery. He explained he believed the issue should be
settled by the state or federal government.
Council Member Allison-Aasby asked for an explanation of how the petition came to the
Oshkosh if the organizers lived outside of the City.
Mr. Kelderman responded that nearly all of those who distributed the petition were from
Oshkosh.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Allison-Aasby stated she understood that, and questioned why it took
someone from out of the area to start the process.
Mr. Kelderman stated he had been contacted by a resident of Oshkosh who had a young
child and was not able to dedicate as much time to organizing the effort.
Mayor Cummings stated his wife had been an alcohol and drug counselor at a local
hospital for 30 years. He explained when she began working 30 years ago, the majority
of the cases were alcohol abuse, and now drug use was predominant. He stated the
marijuana that was available now was different than what was available in the past and
could lead to schizophrenia and other issues. He explained it was illegal, and he did not
empathize with individuals who complained they could not pay rent due to the fine, as
they were knowingly taking part in an illegal activity. He stated the City followed the
law of the state, and if individuals wanted the law changed, they should work with state
representatives.
Council Member Pech stated he did appreciate the work that the petitioners had put in
to get signatures. He explained he understood there were approximately 3,700 valid
signatures and could see how other individuals would support the petition although not
sign due to fear of repercussions. He questioned what the total number of voters was
that was used to determine the number of required signatures.
Ms. Lorenson stated she did not have that total; 3,643 signatures was the 15% that was
required.
Council Member Pech stated it was a fair amount of signatures, however, there were a
number of people in the City who did not sign. He questioned what the implications
would be if the topic went to referendum, as he understood that even it if passed, the
referendum could not replace a current ordinance.
Ms. Lorenson stated direct legislation could not repeal an existing ordinance and there
was an existing ordinance for first offense possession of marijuana that included a set
forfeiture amount. She explained it could go to an advisory referendum, and the Council
would then determine whether or not to take action, as it was a policy decision for the
Council to make. She stated direct legislation was appropriate when a legislative body
refuses to act; once Council acted in an area the proper way to change it was through an
amendment by Council as they control the ordinance.
Council Member Pech questioned what the forfeiture for an open intoxicant was.
Chief Smith stated he was not certain of the exact amount.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Ms. Lorenson stated most of the of the City's forfeitures were$75 plus cost, and averaged
$232.
Council Member Pech requested Ms. Lorenson to review what the forfeiture was for open
intoxicants, and bring the information back to Council. He explained at that time he may
consider changing the forfeiture amount for the possession of marijuana similar to that
for an open intoxicant.
Council Member Panske questioned if Council Member Pech was aware that alcohol was
legal.
Mayor Cummings reminded Council Member Panske to wait until she was called on to
speak.
Council Member Pech stated he understood that. He explained in a gesture of trying to
work as a partnership with the community he would be willing to explore that option.
He stated to Council Member Panske's point, alcohol was legal while marijuana was not.
He explained it would be difficult to justify making the forfeiture for something that was
illegal to possess less than the forfeiture for something that was legal to possess, just not
as an open intoxicant.
Council Member Palmeri stated what was on the agenda for the evening was a resolution
to receive and file the petition. She recommended having the topic placed for further
discussion at a future meeting and proceeding with the receipt and filing of the petition.
Council Member Panske stated it must be recognized that 3,778 individuals who lived
within the City signed the petition. She explained it bothered her that Council was not
listening to the people. She stated it did not matter if what Council's personal beliefs
were; it was not their place to look down on individuals for the choices that they made in
their private lives. She explained that was law enforcement's place; Council's role was to
recognize the large number of people who wanted to make a change. She stated the least
Council could do was listen, regardless of their own personal beliefs. She explained on
the state and federal level, the view on recreational and medicinal use of cannabis was
changing. She stated there was a number of professional and respected individuals who
used cannabis, including elected officials, doctors, teachers, parents and students. She
explained there were people in treatment, in recovery and fighting cancer that utilized
cannabis for its medicinal benefits. She stated the opinion on the topic was changing, and
the City was behind; that the residents were requesting Council to recognize the need to
progress. She shared her personal story about marijuana.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Mayor Cummings stated that she broke the law.
Council Member Panske stated the extent of the punishment was excessive. She
explained individuals could go to the bar and consume alcohol without repercussion.
She stated there were other individuals in the City, who shared a different viewpoint,
and believed this was a problem. She explained she believed it could be addressed. She
stated it should be put on the ballot to give them a voice. She recommended individuals
who had concerns about marijuana use do research and talk to people.
Council Member Palmeri requested that Council address what was listed on the agenda,
which was to receive and file the petition. She stated Council had received the packet of
information from the petitioners shortly before the meeting, and if they wished to take it
beyond what was currently listed on the agenda, it should be discussed at a future
Council meeting.
Council Member Pech stated while he agreed with Council Member Palmeri he would
like to respond. He explained he believed the Council did listen to people. He stated
they had listened to the citizen statements and had asked questions. He explained there
were other individuals in the community that they listened to and he had educated
himself. He stated he was open to exploring alternatives. He requested Council return
to considering resolution 17-584.
Council Member Allison-Aasby explained she echoed Council Member Palmeri s
statement. She stated there was a $74 million operating budget and an$11.4 million CIP
budget to consider. She explained she did not believe tonight was an appropriate time
to share personal stories.
Council Member Allison-Aasby asked for an explanation of what would happen if
Council approved the amendment, giving direction to City staff.
Ms. Lorenson stated if the vote passed, City staff would be directed to prepare an
advisory referendum question for the spring ballot.
Council Member Palmeri stated she would not support the amendment. She explained
she would support direction to City staff to place the topic on a future Council agenda.
Council Member Krause asked what the deadline would be to get the topic onto the
ballot.
Mr. Rohloff stated he wasn't certain, although he believed there would be time to do so.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Mayor Cummings clarified that 'advisory' meant that Council would not have to take
action, regardless of the results of the vote.
Ms. Lorenson stated there were other options. She explained she and the Chief of Police
had researched the forfeiture for possession of marijuana in other municipalities when
the topic had come up last year. She stated City staff could provide the information to
Council, and a Council Member could sponsor an ordinance. She explained there were
a number of different options for Council to take.
Council Member Panske questioned if a specific Council meeting would be selected to
discuss the topic, as they were approaching the end of the year.
Council Member Palmeri stated she had been thinking after the first of the year, as there
was only one Council meeting left in the calendar year. She explained her suggestion
was out of courtesy, as nobody had been prepared to have the detailed discussion.
Ms. Lorenson the City Clerk had sent a message that indicated Council had until mid-
January to adopt the wording for an advisory referendum.
Resolution 17-585 Adopt 2018 City Budget
MOTION: ADOPT (Herman; second, Palmeri)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Council Member Pech stated this was the biggest item the City considered every year.
He explained it was disheartening to see that there were no citizens signed up to speak
on the item, despite the fact that Council would likely receive significant feedback after
it was adopted. He stated he understood people had busy schedules, although there were
several workshops and opportunities for citizens to provide input. He explained it was
important for citizens to participate in local government and provide Council direction.
Council Member Herman explained there had been 6 workshops and City staff continued
to improve on providing information related to the budget. He stated he understood
citizens' concerns, and realized various items such as water bills and the tax rate would
increase. He explained he had always advocated for the safety of citizens,which required
police & fire personnel, ambulances and City services. He complimented City staff on
the extra work that had been put in with items such as the arena, Lakeshore Golf Course
and the budget. He stated although the tax rate would increase, he believed Council and
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
City staff had done their due diligence. He explained it was necessary to make difficult
decisions in order to move the City forward.
Mayor Cummings stated it was his 81h budget experience and the process continued to
improve. He explained he appreciated that the budget process incorporated more than
just numbers; City staff worked towards goals. He stated the City was different from a
regular business in that when times became tight, they were not able to make significant
cuts. He explained the City was a service business, and police, fire and other services
were necessary. He stated they attended various conferences, and Oshkosh was noted as
being a City of remarkable change. He explained through collaboration they had worked
to move the City forward and the level of service continued to increase.
Council Member Palmeri stated she believed the budget was the most important item
that a Council Member participated in. She explained she was impressed with the
presentation of the budget material and encouraged City residents to get involved. She
stated she appreciated the ties to the strategic plan. She explained she looked forward to
even greater improvements with the new automation and software.
Council Member Herman questioned if Council would need to approve the amendments
that had been previously discussed, or if they were already part of the City budget.
Mr. Rohloff explained the adjustments were listed within the resolution under exhibit A.
He stated that was true for the CIP as well.
Resolution 17-586 Approve 2017 Tax Levy
MOTION: ADOPT (Pech; second, Krause)
MOTION: RECONSIDER (Pech; second, Palmeri)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
MOTION: APPROVE AMENDMENTS NOTED IN RESOLUTION (Pech;
second, Cummings)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
VOTE ON RESOLUTION AS AMENDED:
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Herman asked for an explanation of the levy increase.
Ms. Larson stated the adopted levy would be $37,861,700. She explained that would
equate to a 4.31%increase over the prior year, and a mill rate of$10.55. She stated overall,
that would result in an increase of$1,564,000 over the prior year.
Council Member Herman questioned if that meant an average $100,000 home would see
approximately an$18 - $20 increase.
Ms. Larson stated when all of the taxing entities were brought together, including the
City,homeowners would see a decrease in their tax bill this year, assuming their property
values were consistent.
Resolution 17-587 Adopt 2017 Tax Rates
MOTION: ADOPT (Herman; second, Pech)
MOTION: APPROVE AMENDMENTS NOTED IN RESOLUTION (Pech;
second, Herman)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Mr. Rohloff explained there was a revised resolution that reflected what was included in
exhibit A in the budget. He stated the City tax rate was 10.558, which was an increase of
.214, and the overall rate of 25.074 after the state credit. He explained City staff
recommended Council adopt the revised resolution.
Council Member Herman stated there was a revised resolution that resulted in a change
to the tax rate due additions and reductions previously agreed upon by Council during
budget workshops.
Resolution 17-588 Approve 2018 Capital Improvement Program
MOTION: ADOPT (Pech; second, Herman)
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
MOTION: AMEND TO REMOVE $322,000 OUT OF REVOLVING LOAN
FUND & INCREASE THE GENERAL OBLIGATION BORROWING
BY $322,000 (Pech; second, Herman)
MOTION WITHDRAWN, SECOND WITHDRAWN
MOTION: AMEND TO REDUCE REVOLVING LOAN FUND AMOUNT BY
$422,000 AND INCREASE GENERAL OBLIGATION BORROWING
BY $422,000 (Allison-Aasby; second, Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
VOTE ON RESOLUTION AS AMENDED
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
Council Member Pech stated they had seen significant impact with the revolving loan
fund; it needed to be kept strong, especially considering the new Oshkosh Corporation
project and developments that would follow. He explained the City would need as many
tools to utilize as possible.
Council Member Palmeri stated she would support the amendment as she believed
Council needed to continue to support the entrepreneurial part of economic development
and increasing the revolving loan fund demonstrated their commitment.
Council Member Allison-Aasby stated she had a conversation with Ms. Larson regarding
a need for an improved rescue boat for the fire department and a training facility that had
been discussed for a number of years. She explained although she understood the fire
department currently utilized a training facility at the technical college in Appleton, a
number of fire fighters were beginning to retire which would bring several new hires to
Oshkosh, who would require training. She stated there were a number of options to
explore including grant funds and private partnerships. She explained while it was not
the appropriate time to include the item in the 2018 CIP budget, it was something to keep
top of mind should projects come in under budget, and that the public should be aware
of the need.
Council Member Herman stated he would like to explore the option of working with the
county to have fire fighters trained on the county rescue boat located off of Broad Street,
as Oshkosh fire fighters could response faster than the Winnebago County Sheriff's
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Department in the event of an emergency call. He explained there was an existing mutual
aid agreement with the ice rescue boats and he believed they would be open to a similar
agreement. He stated he agreed it was important to consider obtaining a boat and
training facility.
Council Member Allison-Aasby stated she making sure the City had proper equipment
and exploring the potential agreement with Winnebago County would be a good
compromise.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
There were no future agenda items to discuss.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Mayor Cummings explained the Oshkosh Fire Department's holiday food and toy drive
would begin on December 41h at 5:00 p.m., and travel various routes through December
14th. He stated the dates and locations could be found on the City's website. He
encouraged everyone to donate food, toys or cash.
Council Member Panske stated she would be travelling to China from November 291h
until December 101h. She explained she did not have a phone that worked internationally
and therefore would not be able to be reached during that time.
CITY MANAGER ANNO UNCEMENT& STATEMENT
Mr. Rohloff explained the geotechnical evaluation for 2018 technical improvements
would be performed by Professional Service Industries, and similarly, CH2M HILL
would be utilized for the Ripple Avenue pressure regulating station design and
permitting. He stated KL Engineering would perform traffic impact analysis for the
Oshkosh Avenue area related to the Oshkosh Corporation development. He explained
Council had been provided the 3rd quarter summary for the strategic plan; 94% of the
projects were on track and 18%were completed. He stated that did not reflect the projects
that were in progress.
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PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017
Council Member Palmeri stated the format was different from what had previously been
provided. She asked for an explanation between 'status' and 'percent complete'.
Mr. Rohloff stated status referred to how well the City was progressing towards
completion. He explained progress referred to items that were complete. He stated there
was a more detailed report available that included each individual objective within the
goals.
Ms. Larson explained 3rd quarter financial statements were tracking with year-end
estimates that were proposed in the budget.
Mr. Rohloff stated the arena was progressing and the side streets were open. He
explained the public museum would hold an open house on December 101h and the public
was welcome at no charge.
Council Member Palmeri stated the museum had great exhibits and encouraged the
public to take advantage of the open house.
MOTION: TO 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, Pech)
CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause,
Mayor Cummings
MOTION: ADJOURN (Allison-Aasby; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 9:07 p.m.
ANGELA J. JOECKEL
DEPUTY CITY CLERK
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