HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST27, 2019
REGULAR MEETING held Tuesday, August 27, 2019, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Jake Krause, Bob Poeschl, Sill Miller,
Deb Allison-Aasby, Steven Herman and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney and Allen Davis, Director of Community Development
Council Member Mugerauer read the Invocation.
The Pledge of Allegiance was led by Girl Scouts Troop #2497 from Oaklawn Elementary
School.
PRESENTATION
Jason White, Chief Executive Officer, Greater Oshkosh Economic Development
Corporation (GO-EDC), presented their mid-year report.
Council Member Poeschl questioned what the phone number was for the catch-a-ride
program.
Mr. White recommended calling the GO-EDC office at 920-230-3322 and speak with Julia,
the coordinator for the program.
Council Member Poeschl questioned what the age group was for those who utilized the
program.
Mr. White explained it was a range of age groups. He stated anyone in need of a ride for
an appointment within Winnebago County could utilize the service.
PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Mugerauer thanked Mr. White for the update. He stated it was his
understanding GO-EDC would be updating the long range finance committee regarding
the revolving loan and capital catalyst funds in the near future.
Mr. White stated there were some adjustments GO-EDC needed to make to the programs.
He explained the goal was to continue to make loans while protecting the City.
Council Member Herman stated GO-EDC had been present at EAA over the last four
years promoting the aviation industrial park. He questioned if the delay in Winnebago
County building the taxi-way had hurt the interest of the development of that site.
Mr. White explained he believed it was helpful that there was an airport manager in place
who had vision for the site. He stated the vision included a taxi-way for the aviation park
that connected to the Wittman Airport runway. He explained it was those types of
improvements that would attract businesses.
Council Member Herman stated GO-EDC had been active in discussions regarding
affordable housing in Oshkosh. He explained he hoped the organization stayed engaged
in that dialogue as better single family housing and overall housing stock was a need
within the City.
Mayor Palmeri questioned if employers in the community had expressed the need for
affordable housing for their workforce. She stated she understood there was also a need
for second and third shift childcare and questioned if that was brought up during quality
of life need discussions.
Mr. White stated it was consistently brought up during discussions on increasing the
labor force participation rate. He explained he had recent conversations about the
struggle to find affordable and reliable childcare, with some individuals facing a two or
three year waiting list. He stated GO-EDC had been supportive of the Oshkosh Housing
Authority's efforts to renovate the Waite Rug facility.
Mayor Palmeri questioned if Mr. White had correctly stated a two or three year waiting
list.
Mr. White explained a high demand daycare facility in Oshkosh had a two to three year
waiting list.
Pam Ruder, Executive Director, Greater Oshkosh Healthy Neighborhoods Initiative (GO-
HNI), presented their mid-year report.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Herman complimented Ms. Ruder for the growth the organization had
made since she became executive director.
Ms. Ruder thanked Council Member Herman.
Council Member Herman stated he understood there had been two home renovations on
Bowen Street which was the direction Council had wanted GO-HNI to take.
Ms. Ruder indicated there was a new neighborhood association to the west of Menominee
North that had selected September 281h as their organizing day.
Mayor Palmeri questioned if there was a neighborhood plan for Stevens Park and what
had prompted the purchase of the home in that neighborhood for renovation.
Ms. Ruder explained the property had been for sale by the owner, and had historically
been an eyesore. She stated the neighborhood association had intentions of taking one of
the worst properties on the block and making it the best.
Mayor Palmeri questioned if Stevens Park had a formal neighborhood plan.
Mr. Davis stated yes.
PUBLIC HEARINGS
Resolution 19-472 Approve Final Resolution Vacating Rath Lane East of North Koeller
Street
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Resolution 19-473 Approve Final Resolution for Special Assessments for Asphalt
Overlay Relating to Contract No. 19-23
A) Madison Street (Merritt Avenue to Northwestern Avenue)
B) Northwestern Avenue (Madison Street to Mt. Vernon Street)
C) West 101h Avenue (Oregon Street to Minnesota Street)
MOTION: ADOPT (Poeschl; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
CITIZEN STATEMENTS
Andy Leavitt, Chancellor for University of Wisconsin Oshkosh(UWO), 1337 Washington
Avenue, explained with the beginning of the school year approaching and students
arriving, the population of Oshkosh would grow four percent. He stated the university
was in its fifth year of a program that featured Quest 3, in which first semester
sophomores volunteered within the community. He explained the amount of time
committed to this program was notable. He stated he believed it was part of why nearly
90 percent of in-state UWO students and nearly 40 percent of out of state UWO students
remained in the Wisconsin area after graduation. He explained the graduating class last
year was comprised of over 2,500 students, and contributed to the local talent of Oshkosh.
He stated a recent marketing survey revealed that students placed value in their
experience in both the quality of instruction and the City/campus connection. He
explained the university would celebrate its 1501h anniversary in 2021, and he would like
to partner with the City on an event celebrating the 1501h anniversary of the university's
first class. He encouraged everyone to take advantage of all the university had to offer.
Deb Martin, 164 Wyldewood Drive, explained she was part of Water City Speakers, an
Oshkosh division of Toastmasters, and invited Council to visit one of their meetings. She
stated she was also part of a small group called Fill the Gap and invited Council to a
presentation detailing the culture of poverty on September 161h and 191h by Al Rolph of
the Salvation Army. She explained Steve Sagmeister, a retired Oshkosh police officer,
rehabilitated bicycles and worked with the Salvation Army to provide them to people in
need. She stated Mr. Sagmeister and colleagues provided approximately 400 bicycles a
year. She explained when she had visited with Mr. Sagmeister in June, he had been out
of bicycles. She stated Fill the Gap had reached out to various faith leaders and published
an ad seeking donations in local newspapers. She explained there were a number of
individuals who utilized other transportation than a vehicle. She invited Council to a
presentation on human trafficking awareness on September 131h at the university.
CONSENT AGENDA
Report of Sills by the Finance Director
Approval of Cash Report from May 2019
Receipt & Filing of Common Council Minutes from August 13, 2019
Receipt of Claims filed with the City's Insurance Company:
A) Gretchen Goyke for alleged damages to vehicle from hole in the road
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-474 Authorize Application for Edward Byrne Memorial Justice
Assistance Grant (JAG) for Police Department ($14,670.00)
Resolution 19-475 Approve Amendment to 2019 CIP Budget for Menominee Park —
Little Oshkosh Replacement project ($35,000.00)
Resolution 19-476 Approve Amendment to 2019 Operations Budget for the Fire
Department to Increase Expenditures due to Planned
Reimbursement from Wisconsin Emergency Management ($7359.76)
Resolution 19-477 Approve Funding Consent & Acknowledgement Agreement with
Wisconsin Emergency Management
Resolution 19-478 Approve Agreement with the University of Wisconsin—Oshkosh for
Payment in Lieu of Room Tax
Council Member Miller thanked City staff, the university and the Oshkosh Convention
and Visitors Bureau for their collaboration.
Mayor Palmeri indicated Council was pleased to see an additional payment in lieu of
room tax agreement within the City as there were not many.
Resolution 19-479 Award Bid for Public Works Contract No. 19-01 to Highway
Landscapers, Inc. for West Waukau Avenue Gallup s-Merritts Creek
Crossing Reconstruction ($940,235.77)
Resolution 19-480 Award Bid for Public Works Contract No. 19-11 to Wood Sewer &
Excavating, Inc. for Sanitary Manhole Rehabilitation /
Inflow/Infiltration Reduction Program ($294,427.30)
Resolution 19-481 Approve Initial Resolution for Special Assessments for Concrete
Pavement, Sidewalk, Driveway Aprons, Sanitary Sewer Main &
Laterals (New & Relay) Water Main & Laterals (New & Relay) &
Storm Sewer Main & Laterals (New & Relay) Relating to Contract
No. 19-24 Fernau Court (500' north of West Fernau Avenue to 675'
north of West Fernau Avenue)
Resolution 19-482 Approve Change Order No. 1 Public Works Contract No. 19-05
Oregon Street (West 161h Avenue to West 21s'Avenue Reconstruction
/PTS Contractors, Inc. (+192,625.55)
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-483 Approve Professional Services Agreement for Construction-Related
Engineering Services for Contract No. 18-16 Wastewater Treatment
Plant Digester Mixing System Upgrade/Donohue & Associates,Inc.
($115,029.00)
Resolution 19-484 Approve Purchase of Road Salt for Winter 2019-2020 for the
Department of Public Works through WDOT from Morton Salt
Company ($311,346.00)
Resolution 19-485 Approve Purchase of Manhole / Inlet Castings for the Streets
Division of the Department of Public Works ($18,802.05)
Resolution 19-486 Approve Conditional Use Permit for Expansion of an Outdoor Patio
Area at 24 East Gruenwald Avenue (Plan Commission Recommends
Approval)
Resolution 19-487 Approve Special Event — ReThink Addiction Run to utilize
Menominee Park&City streets for the ReThink Addiction Run-Walk
/ September 7, 2019
Resolution 19-488 Approve Special Event — Silver Star Brands to utilize Reetz Softball
Complex & Menominee Park for their Team Member Appreciation
Day/ September 12, 2019
Resolution 19-489 Approve Special Event — Oshkosh North Student Council to utilize
City streets for the Oshkosh North Homecoming Parade / October
18, 2019
Resolution 19-490 Approve Special Event — Christine Ann Domestic Abuse Services
Inc. to utilize Menominee Park & City streets for the Race for the
Light Walk Run/December 7, 2019
Resolution 19-491 Approve Special Event — UW Oshkosh Student Recreation &
Wellness Center to utilize City streets for the UW Oshkosh Shamrock
Shuffle 5K Run - Walk/March 14, 2020
Resolution 19-492 Approve Block Party — Kim Willman to utilize Wheatfield Way for
neighborhood block party/ September 1, 2019
Resolution 19-493 Approve Combination'Class A" License, Special Class "B" Licenses,
Operator Licenses & Taxi-Cab Driver License
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 19-494 Approve Zone Change from Suburban Mixed-Use District (SMU) to
Duplex Residential — 6 District (DR-6) for Property Located at the
South 2400 Block of Omro Road (Plan Commission Recommends
Approval)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Ordinance 19-495 Approve Zone Change from Urban Industrial District (UI) to Urban
Industrial District with a Planned Development Overlay (UI-PD) at
1016 Witzel Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Ordinance 19-496 Approve Appointment of Alternates to City Boards & Commissions
MOTION: ADOPT (Poeschl; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Mayor Palmeri explained up to two alternates would be added to boards and
commissions that did not currently have them.
Ordinance 19-497 Modify Parking Regulations on Knapp Street
FIRST READING; LAID OVER UNDER THE RULES
Mayor Palmeri asked for an explanation of the modifications.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Rohloff explained there would be no parking on Knapp Street on both sides of the
street from W. 51h Avenue to twenty-six feet south of W. 51h Avenue. He stated it would
help alleviate congestion near the church.
Ordinance 19-498 Approve Ordinance Permitting Appointment of Non-Voting Youth
Members to City Boards & Commissions
FIRST READING; LAID OVER UNDER THE RULES
Council Member Mugerauer stated it was his understanding Council was looking to add
the ability for non-voting youth to participate in various boards and commissions. He
explained it would increase civic engagement. He recommended anyone interested
submit an application.
Mayor Palmeri explained this would allow youth to participate in various boards and
commissions as opposed to a mayor's youth council, which had previously been
discussed. She encouraged individuals to apply.
Council Member Poeschl stated it was his understanding the age group would be 15 to
19 years of age.
Mayor Palmeri agreed.
Council Member Poeschl stated it was a wide range of youth that would be able to
become more actively involved in the community.
Mayor Palmeri explained it would be a one year commitment.
Ordinance 19-499 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD) at 237 North Washburn Street (Plan Commission
Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 19-500 Approve Specific Implementation Plan for a Monument Sign at 1016
Witzel Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-501 Approve Land Disposition of Surplus Property to Prime Space, LLC;
Northeast Corner of Rath Lane & N. Koeller Street (Plan
Commission & Advisory Parks Board Recommend Approval)
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (5) Mugerauer, Krause, Miller, Allison-Aasby, Herman
Noes (1) Mayor Palmeri
Present (1) Poeschl
Mayor Palmeri explained the topic had been reviewed by the plan commission and
advisory parks board. She stated after reviewing the comprehensive plan, chapters 4, 7
and 8, the objectives related to land use, utilities and agricultural natural resources she
had concerns. She asked for an explanation of how it was different from the vacation of
N. Rath Lane.
Mr. Davis stated the Koeller Street extension was planned as part of the Oshkosh
Corporation global headquarters project. He explained the City had hired an engineering
firm to identify what needed to be done to provide adequate access and one
recommendation had been to extend Koeller Street to create sufficient right of way. He
stated the curvature of the road on the way to the front entrance to the headquarters had
resulted in a much broader swing for the amount of traffic than had been anticipated. He
explained it would leave a section of parkland that included a manmade ditch separated
from the rest of the property by the right of way. He stated the ditch had become a
wetland as it had been part of the golf course drainage system. He explained additional
economic development was anticipated in the corridor surrounding the new
headquarters, and the developer would like an access point onto Koeller Street.
Mayor Palmeri questioned if access to the developer's lot could be provided off of the
Rath Lane vacation portion to the south.
Mr. Davis stated yes, however, the developer had not submitted any official plans. He
explained at this point the location of Rath Lane was still concrete and could be used as
the access point although it would not have to be the only access point provided to the
property.
Mayor Palmeri questioned if it was currently undevelopable by itself.
Mr. Davis stated yes.
Mayor Palmeri stated it was her understanding it could revert to being developed if the
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
property was combined with the portion south of Rath Lane.
Mr. Davis agreed.
Mayor Palmeri questioned if there would be setback requirements.
Mr. Davis stated yes.
Mayor Palmeri explained last year after Act 183 was passed, the traffic impact analysis
study that was conducted did not specify the out lot or the portion of Rath Lane and the
access. She questioned if the permit exemptions for smaller wetlands would allow the
developer to fill in the property.
Mr. Davis stated he was not able to speak for the Wisconsin Department of Natural
Resources (WDNR), however, he believed the area was small enough to allow the
developer to receive a general permit. He explained they would have to submit the
application, and they were unable to do so without having a specific project proposed.
Mayor Palmeri stated there were numerous references in the City's comprehensive plan
regarding wetland preservation. She explained the half acre of wetland would sequester
approximately 2,500 tons of carbon. She questioned if City staff was concerned about
giving up the wetland.
Mr. Davis indicated speaking for himself, the wetland was not high quality and his
expectation was that there would be more carbon sequestration if it was left as green
space or part of a storm water management system. He stated he believed when a site
plan was submitted, the developer would have a quality of bio soil that would result in
more wetland plants than there was at this time. He explained public works would
review the plan for storm water management quality, and evaluated a list of wetland
plants that could exist in a bio soil. He stated the water quality for the neighborhood and
Fox River basin would improve based on the redevelopment for the site.
Mayor Palmeri stated that would be wonderful if the developer would agree to do that,
however, there was nothing holding him to that.
Mr. Davis agreed and explained the private property owner did have the final say in the
development schedule. He stated it was his belief that the property owner had worked
hard to obtain the property and had plans to develop it. He explained with Oshkosh
Corporation headquarters opening in fall, he expected it would be an attractive location
for corporate business park type tenants.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl stated his understanding of what Mr. Davis had explained was
that developing the site would lead to a cleaner and improved wetland area.
Mr. Davis explained the storm water quality should improve because at this point there
was no current storm water management.
Council Member Poeschl stated he understood it was a beginning step for the
reconstruction of the corridor, and while one wetland may improve, he was concerned
about the long term impact of development. He explained he was concerned that
commercial development would occur at a faster pace than development of the park.
Mr. Davis stated it was difficult to speculate as to how quickly the private development
would take place. He explained based on the plans that had been submitted to date, there
was significant interest in the corridor from developers, tenants and buyers. He stated
the developer to the east would need to provide storm water quality benefits that
currently did not exist. He explained it had been a requirement for Casey's General Store
and would be for any other development in the area. He stated he believed storm water
quality would improve based on the developments. He explained it would improve the
City's water quality, as the storm water would be fed through a pipe into the lake and
Fox River,not into the park. He stated he believed Council and City staff shared the goals
of economic development and establishing a high environmental quality.
Council Member Poeschl explained he believed wetlands and storm water quality to be
two different things. He stated he understood storm water went to a specific place, and
wetlands were made to retain and hold back certain things. He asked for an explanation
of the differences and similarities between the two.
Mr. Davis explained they were similar in that bio soils were a form of artificially created
wetlands, however, they did not remain wet. He stated the goal was to create the same
water quality effect of wetlands, which cleaned storm water, and bio soils had the same
impact. He explained in his experience grass soil did not provide much benefit related
to storm water runoff. He stated he believed the bio soil associated with the
developments would provide a better environment with more wildlife than grass soil
ditches.
Mayor Palmeri stated while that made sense, the original intent of Council was to
preserve the remaining acreage that was not developed by Oshkosh Corporation for park
development. She explained because the park development plans had yet to be decided
she was hesitant in making a decision to dispose of the half acre of property. She stated
there had already been land swaps that reduced the acreage that Council had previously
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
indicated they would preserve.
Council Member Mugerauer explained it was a half-acre of manmade wetland that was
undevelopable as standalone property.
Mr. Davis stated the wetland itself was significantly smaller than a half-acre; it was a few
thousand square feet of the grassy area.
Council Member Mugerauer stated in exchange for the undevelopable lot,the City would
gain valuable land along N. Koeller Street that would allow flexibility with the right of
way in the future if necessary. He explained he understood the need to preserve as much
of the park land as possible, however, due to the way the street was altered by the Army
Corp of Engineers, the property served no useful purpose other than existing as a green
space that the City would need to maintain long term. He stated he was in support of the
land swap.
Mayor Palmeri questioned what the total acreage loss was between this piece of property
and the vacation of Rath Lane.
Kelly Nieforth, Economic Development Services Manager,explained the total of both was
a half-acre.
Council Member Poeschl stated Council Member Mugerauer had brought up a land
swap. He explained that piece of the discussion was not on the agenda, and Council's
approval of the land disposition would not guarantee the land swap. He requested an
explanation of the potential swap.
Mr. Rohloff stated it was listed in the resolution that the City must approve a right of way
dedication on N. Koeller Street. He explained it had been discussed and anticipated since
January of 2018 following the presentation by Kahl Engineering.
Mayor Palmeri stated she had reviewed the presentation and the follow-up and indicated
Kahl Engineering had specifically addressed the Rath Lane vacation and had not
addressed the section of land in question. She requested clarification.
Mr. Rohloff explained when Kahl Engineering prepared the report there were no specific
routes identified for N. Koeller Street. He stated the anticipation was that there would
be additional right of way necessary for the acquisition of N. Koeller Street and Oshkosh
Avenue. He explained Council had questioned how the cost would be taken care of, and
City staff had indicated through land swaps.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 27, 2019
Mayor Palmeri stated a land swap had already occurred and there had not been any
specific information as to what future land swaps would entail.
Council Member Miller explained he viewed the property as an'orphan' parcel that could
be better used by the developer. He stated the developer would improve the
environment of the property.
Mr. Davis explained he believed water quality would improve.
Council Member Miller stated he believed it would be a win-win for the City and
economic development therefore he would support the land disposition.
Mayor Palmeri explained the mission of the parks department was to preserve open
space and land. She questioned if there had been any consideration of that mission
during discussion by the parks advisory board when the City was in a deficit of open
space.
Council Member Poeschl stated his impression from the parks advisory board meeting
was that the small piece of land would not create much of a difference in regards to the
broad spectrum of the park development project. He explained the majority of the parks
board felt comfortable in moving away from maintaining the portion of land. He stated
he had voted present as he was concerned about not fully understanding the
implications.
Council Member Miller agreed.
Council Member Poeschl explained the general consensus of the parks advisory board
was the small loss of park land would not impact the greater project of Lakeshore Park.
Mayor Palmeri questioned what the total number of remaining acreage would be.
Mr. Rohloff stated he did not have an exact number, however, City staff had estimated
there would be approximately 60 acres available for development during initial
discussions, and he believed the acreage would remain close to that figure.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Mayor Palmeri explained a meeting date between the Oshkosh Area School District and
Council was yet to be determined.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Rohloff stated there was the potential for the meeting to be scheduled on October 301n
however it was not a firm date at this point. He explained Mike Stanley, Fire Chief, had
been provided the final draft of the fire department staffing study for his review. He
stated he anticipated a copy would be provided to Council to review by the end of next
week.
Council Member Herman explained a wage increase for Council and the Mayor had been
approved in 2015. He stated anytime there was a mayoral election, Council had the
opportunity to discuss Council and Mayoral salaries through an ad-hoc committee. He
explained there had been questions whether or not discussion had occurred after the most
recent mayoral election. He indicated it had not occurred and questioned if there was
interest in reviewing the pay scale. He stated it had been nearly 10 years prior to the 2015
increase that the pay scale had been reviewed and the duties of Council and time
commitment required had significantly increased. He asked for an explanation of the
cycle of pay changes that would occur if Council were to approve an increase.
John Fitzpatrick, Assistant City Manager/Director of Administrative Services, explained
the cycle was related to the way State law was structured. He stated sitting elected
officials were unable to give themselves raises. He explained if Council believed it was
appropriate to increase their wage, it would take effect with the next election cycle.
Council Member Herman stated if Council moved forward with a pay increase, Council
Members elected in the 2020 Spring Election would be eligible for a pay raise. He
explained the rest of the Council would have to wait until the next election in 2021.
Mr. Fitzpatrick agreed. He explained the committee had also analyzed the differential
between Council Members and the Mayor.
Council Member Miller asked for an explanation of Council's salary.
Mr. Fitzpatrick stated the resolution in 2015 increased the amount of Council's annual
salary to $5,000 dollars and the Mayor's to $6,500 dollars.
Council Member Herman explained there were no fringe benefits such as health
insurance, life insurance or retirement. He stated a study conducted in 2015 indicated
the pay scale in Oshkosh had been below similar communities and the City was now in
line with other municipalities. He recommended if Council wished to pursue an increase
that a similar study be conducted and that various variables of the pay scale be reviewed.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Fitzpatrick explained the committee had researched a variety of items when
comparing salaries including the population of the community, the form of government
and other applicable data.
Council Member Poeschl thanked Council Member Herman for bringing the item to
Council's attention for reflection. He explained he had been motivated by a desire to
serve the Oshkosh community when he chose to run for office, not by financial gain. He
stated the salary was not a reflection of the amount of time and effort that went into
serving on Council. He explained he was not interested in a salary increase for Council
or the Mayor. He stated he believed reviewing the pay scale approximately every ten
years was sufficient and was not in favor of moving forward with a discussion regarding
a salary increase.
Council Member Krause explained when he had first decided to run for Council in 2016
he had not realized that there was pay associated with the position. He stated he did not
believe salary was the motivation of anyone serving on Council. He explained he would
not be interested in a salary increase.
Mayor Palmeri stated it appeared that there was no interest in reviewing the wages at
this time. She explained it could be discussed at a future time if that sentiment changed.
She stated it had been brought to Council's attention that it had not been reviewed in
2017. She stated she had requested a discussion regarding a potential resolution
regarding gun violence and safety. She questioned if Council would like to call upon
State legislators to support common sense safety rules and universal background checks
related to the Governor's recent proposal.
Council Member Krause explained he supported the advancement of gun safety and gun
awareness. He stated he believed in common sense gun reform to prevent those who
should not have access to weapons from obtaining them. He questioned if other cities in
Wisconsin had similar resolutions.
Mayor Palmeri stated La Crosse had unanimously passed a similar resolution in
September of last year.
Council Member Krause explained Oshkosh would then be one of the first to express
support, which would be exciting.
Council Member Miller stated he believed it was a highly political issue and was
uncertain if Council should engage in that type of discussion. He explained he would
like to avoid political exposure for Council Members as well as the City.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl explained he believed a priority of an elected official for the
City should be to have local debates and express opinions, even when it was not through
a majority opinion or resolution. He stated he believed it was important to seek to
represent the views of Oshkosh residents in the legislature. He explained he would be
open to a plethora of topics to communicate with legislators about. He stated if the debate
sparked conversation in the community about mental health, access to firearms and gun
safety he was in favor of it. He explained as a school board member, he was concerned
about the safety of students, and there had been many instances throughout recent years
in which students were not safe across the country. He stated the school district worked
closely with the police department to ensure the community was safe and he believed
this was one step towards further promoting that idea. He explained he believed it would
let those who had the power to make changes know that they had Council's support.
Council Member Herman questioned if the Wisconsin Chiefs of Police Association had
taken a stance and what feedback had the Chief had heard from the community that
Council should be aware of.
Dean Smith, Chief of Police, explained the Wisconsin Chiefs of Police Association
supported the red flag law. He stated there was value in the proposal to law enforcement,
although there were details that would need to be worked out. He explained law
enforcement did not wish to take away anyone's right to due process, however, there
were steps that could be taken in respect to individuals who were in a mental health crisis.
He stated the proposed red flag law was geared to address those suffering from such a
crisis while in possession of firearms, and was similar to other red flag laws throughout
the country. He explained it was not designed to take away an individual's access to
weapons in the long term.
Council Member Herman stated he was a retired law enforcement officer and had dealt
with the subject for many years. He explained Council could draft a resolution
expressing disdain for gun violence and related crimes, however, change to the law
would need to come from a State level. He stated Council could endorse or support
various parts of the proposed law. He explained he believed Council needed to exercise
caution in taking a legislative stance. He agreed it was important to communicate with
local legislators and do as much as possible to make the community safe. He explained
the verbiage of the resolution would determine whether or not he would support it.
Council Member Krause stated he believed part of the problem of gun violence
throughout the country was accessibility to firearms by those who should not have
access. He explained he believed as City leaders without influence of lobbyists or big
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
donors, Council should convey the opinion of what he believed to be the majority of the
population who wanted common sense gun reform. He stated he believed change was
necessary to promote safety. He explained he would support a resolution.
Council Member Mugerauer stated he would support a resolution expressing support for
those who need mental health assistance and condemning gun violence. He explained if
it was drafted to look like an item from a political party he would not be supportive. He
stated it should be non-partisan. He explained he believed it was appropriate to express
support for those in a mental health crisis, however, the moment the resolution appeared
political he would not participate.
Mayor Palmeri questioned if Ms. Lorenson had any questions regarding the direction.
Ms. Lorenson questioned if she was being directed to draft a resolution based on
Council's discussion.
Mayor Palmeri stated she believed there was interest in a limited scope of support.
Ms. Lorenson explained she understood Mayor Palmeri had worked on the information
and she agreed to work with her on the topic. She stated she would not be present at the
next Council meeting, and with the holiday week, she was not certain if the draft would
be complete by the September 101h Council meeting.
Mayor Palmeri thanked Council for having the difficult conversation.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Mayor Palmeri stated applications were being accepted for Rock the Block. She stated
there was a town hall meeting scheduled for September 111h at 6:00 p.m. She explained
Elizabeth Last was the contact at Habitat for Humanity and her contact information was
235-3535 or ELast@habitatoshkosh.org. She stated there were openings for alternates on
various boards and commissions including the sustainability advisory board, public arts
and beautification committee,landmarks commission,rental housing advisory board and
the parks advisory board. She explained applications were still being accepted for the
ad-hoc committee on special assessments. She encouraged those interested to apply.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl stated he would like to add a discussion on a conversion
therapy ban to the next Council meeting. He explained he was not requesting a resolution
at this point. He stated he wanted to provide City staff time to prepare for the discussion.
He explained he would also like to have a conversation about Oshkosh youth riding
transit busses and various monetary options to cover or help cover the cost. He stated at
the next Council meeting he would provide the information he had prepared and request
City staff to do the same.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mr. Rohloff explained the conversion to monthly utility billing had generated a
significant amount of questions from the public. He stated the new format of the water
bills contained additional information, which had generated questions. He explained
there were citizens concerned that their bills had increased compared to last year or the
previous quarter. He indicated summer usage was generally the highest, therefore
comparing summer bills to previous quarters did not make sense. He stated he did not
regret providing monthly bills as he believed they provided great information, and if
citizens did a better job of water conservation it would be a benefit to the environment.
He explained City staff was receiving an overwhelming account of calls, and many
citizens were insistent that their bill was incorrect. He stated there were water, sewer and
storm water rate increases that took place over the last year, therefore comparisons to last
year's bills would not be applicable. He explained it was a common occurrence for
individuals to unknowingly have leaks in their toilets, or forget to turn off an outdoor
faucet. He stated an outdoor faucet had the capability to generate eight gallons of water
per minute. He explained there was a gentleman who had expressed concerns on the
internet, and City staff had invited him to the water distribution center to watch his meter
be tested, which revealed an accurate reading. He stated meters did not have the
capability to over-report, they could only under-report. He explained there were citizens
who insisted they did not have a leaky toilet and could not have generated the indicated
usage. He stated he had personal experience with a higher water bill due to a leak. He
recommended putting a small amount of food coloring in the toilet tank, and if it spread
to the bowl, there was a leak. He explained leaks were common and could be costly. He
stated the available credit processes were listed on the City's website as well as a plethora
of frequently asked questions regarding water usage. He explained use of a rain barrel
or other items had the potential to lead to a credit towards storm water. He stated outside
of the credit programs, if there was a spike in the bill, there was nothing else City staff
could do as the water had been used.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mayor Palmeri explained she had provided her usage for the month to staff in Appleton,
Fond du Lac and Neenah. She stated her bill was comparable to the Neenah amount, and
slightly higher than Fond du Lac and Appleton.
Council Member Krause explained he had tried to not participate in the Facebook
conversations regarding water bills, however, a resident had noted from July 41h to July
81h City staff had reported he used 504,000 gallons of water. He asked for an explanation.
Mr. Rohloff stated the individual had incorrectly reported the total, as it was 50,000
gallons. He explained if an outdoor faucet was left on, and could release approximately
8 gallons per minute, that amount of water usage was conceivable. He stated a similar
occurrence had happened to Mr. Davis.
Council Member Krause questioned where the water would go.
Mr. Rohloff indicated it would be absorbed into the landscaping. He explained the
gentleman Council Member Krause had brought up was the same gentleman City staff
had invited to watch the testing of his water meter. He stated it was possible that a
neighbor turned off his faucet without him knowing it had been on. He explained City
staff had the data to support the usage. He encouraged citizens to become educated on
how to detect water leaks.
Mr. Davis explained he had been on vacation and an individual who had been paid to
water the plants neglected to turn the water off. He stated leaks happened in unexpected
ways.
Council Member Mugerauer questioned if there had been any errors attributed to the
City.
Mr. Rohloff explained he was not aware of any. He stated City staff was taking inquiries
seriously.
Council Member Herman disagreed. He explained he was contacted by a condo
association on Ryf Road who believed there was a discrepancy on their water bill. He
stated the water department had recalibrated their meter after determining it was not
correct and had been reporting hundreds of gallons more than its actual usage. He
explained contrary to what had been stated earlier, it was possible for a meter to read
incorrectly and report more than the actual usage. He stated equipment had the potential
to fail.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mayor Palmeri questioned if it was the conventional type of meter or the new wireless
model.
Council Member Herman explained he was not certain, however, he would assume as it
was a new condo development, it would have the newer type of meter.
Mr. Rohloff stated he would prefer to fact-check Council Member Herman's statements
as he did not have any information on this instance.
Council Member Herman stated a City staff member responsible for calibrating the
meters had worked with the condo association on fixing the meter. He explained the
individual he spoke with from the condo association had indicated City staff had been
pleasant to work with, took care of the problem and adjusted the bill accordingly as it
was due to the meter.
Mr. Rohloff stated a grand opening date for the Oshkosh Corporation headquarters
would likely be scheduled for approximately November 1st. He explained the
professional service agreement with Ayers Associates was for the Jackson Street traffic
and safety corridor study, and been the result of action by the Jackson Street
neighborhood association. He stated there were two professional services agreements
with Strand Associates was for the Gallups-Merrits Creek crossing reconstruction and
Sawyer Creek floodplain mapping assistance. He explained Jacobs Engineering Group
had been contracted for work on the wastewater treatment plant digester mixing system
upgrade. He stated there had been a cooperative purchase of encryption services for
police radios. He explained the second quarter expense and revenue statements had been
included in Council's packets.
Mayor Palmeri requested the addition of the land disposition onto the outstanding issues
spreadsheet.
Mr. Rohloff stated it would be added.
Dean Smith, Chief of Police, explained the Leach Amphitheater, Riverside Park and the
river walk had been utilized as public viewing areas for the 41h of July fireworks. He
stated City staff estimated between 7,000 to 10,000 individuals attended the celebration
between the Leach Amphitheater and other viewing stations. He explained weather had
impacted the celebration. He stated there were approximately three calls for service,
which was low. He explained the Winnebago County Sheriff's Department indicated
they had very few issues with boating traffic. He stated there had been individuals who
crossed the railroad tracks in the Pioneer Drive area, and if the venue remained the same
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
next year, the City would address that concern with additional barricades. He explained
Council had approved an areas on Pioneer Drive, Riverside Park and the river walk for
alcohol consumption. He stated there had not been any alcohol violations or any other
issues related to that. He explained traffic flow out of the event area received positive
comments and had been adjusted to accommodate the weather.
Mayor Palmeri stated it was her understanding the event had been well received. She
explained cleanup had been quick the following day, the event was largely incident free
and she had received many positive comments. She thanked City staff and those who
had organized the event.
Council Member Poeschl stated he had attended and enjoyed the event. He explained he
believed it had been easy to get in and out of the area. He stated he managed the Court
Tower Apartments and had a conversation with residents who expressed many of the
same positives. He explained he had witnessed a number of firework lit by residents that
were typically not common in that area. He suggested due to the higher congestion of
people that enforcement of those types of restricted fireworks should be stronger if the
event was held in the same venue next year. He stated he understood it was difficult to
regulate.
Chief Smith questioned if he was referencing private citizens lighting off fireworks.
Council Member Poeschl stated yes.
Chief Smith indicated his department received a number of calls reporting such
fireworks, and unfortunately it was difficult to enforce as the time officers arrived at a
location, the fireworks were no longer in progress. He stated if they found illegal
fireworks that were not lit, an ordinance violation was issued and they would be seized.
Council Member Poeschl stated he had been concerned by large fireworks that were lit
between the 100 N. Main building and the Court Tower Apartments. He explained
overall he believed it was a great event and he had heard nothing but positive comments.
Council Member Mugerauer agreed. He stated it was a job well done by City staff and
the event organizers. He questioned what type of extraordinary charges had been
assessed to the group.
Kathy Snell, Special Events Coordinator, explained she did not have the exact number
prepared. She stated the charges related to City services were minimal for the scale of
the event. She explained the event at the Leach was separated from the fireworks display,
so City staff was able to separate those charges from police services that would have
occurred for the fireworks anyway. She stated because the event had been contained
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
within the Leach property it was similar to a Waterfest event. She explained the
infrastructure was already in place which lowered the cost. She stated there had been
private security in addition to police officers assigned to the area. She explained the event
holders would be billed for police service in Riverside Park during the time of the event.
Council Member Mugerauer questioned if it was a significant reduction in fees compared
to past 41h of July events.
Ms. Snell stated yes, based on the logistics and footprint of the event.
Council Member Mugerauer questioned if it had been a safer event for the community
and police officers than past events.
Chief Smith stated yes. He explained traffic had improved and there had not been any
alcohol violations. He stated in respect to extraordinary charges, the City had always
taken responsibility for the safety of the fireworks display and event holders had not been
billed for that portion.
Ray Maurer, Parks Director, thanked everyone who had been involved in the event. He
stated collaboration had led to success. He explained a number of citizens and
organizations had donated funds to extend the fireworks show to make it bigger and
better.
MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION
19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER
WITH LEGAL COUNSEL WHO WILL RENDER ADVICE
CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO
LITIGATION IN WHICH THE CITY IS OR IS LIKELY TO BECOME
INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL, INC.
AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET
IN THE CITY OF OSHKOSH (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
MOTION: ADJOURN (Mugerauer; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 8:21 p.m.
PAMELA R. UBRIG
CITY CLERK
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PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST27, 2019
REGULAR MEETING held Tuesday, August 27, 2019, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Jake Krause, Bob Poeschl, Sill Miller,
Deb Allison-Aasby, Steven Herman and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney and Allen Davis, Director of Community Development
Council Member Mugerauer read the Invocation.
The Pledge of Allegiance was led by Girl Scouts Troop #2497 from Oaklawn Elementary
School.
PRESENTATION
Jason White, Chief Executive Officer, Greater Oshkosh Economic Development
Corporation (GO-EDC), presented their mid-year report.
Council Member Poeschl questioned what the phone number was for the catch-a-ride
program.
Mr. White recommended calling the GO-EDC office at 920-230-3322 and speak with Julia,
the coordinator for the program.
Council Member Poeschl questioned what the age group was for those who utilized the
program.
Mr. White explained it was a range of age groups. He stated anyone in need of a ride for
an appointment within Winnebago County could utilize the service.
PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Mugerauer thanked Mr. White for the update. He stated it was his
understanding GO-EDC would be updating the long range finance committee regarding
the revolving loan and capital catalyst funds in the near future.
Mr. White stated there were some adjustments GO-EDC needed to make to the programs.
He explained the goal was to continue to make loans while protecting the City.
Council Member Herman stated GO-EDC had been present at EAA over the last four
years promoting the aviation industrial park. He questioned if the delay in Winnebago
County building the taxi-way had hurt the interest of the development of that site.
Mr. White explained he believed it was helpful that there was an airport manager in place
who had vision for the site. He stated the vision included a taxi-way for the aviation park
that connected to the Wittman Airport runway. He explained it was those types of
improvements that would attract businesses.
Council Member Herman stated GO-EDC had been active in discussions regarding
affordable housing in Oshkosh. He explained he hoped the organization stayed engaged
in that dialogue as better single family housing and overall housing stock was a need
within the City.
Mayor Palmeri questioned if employers in the community had expressed the need for
affordable housing for their workforce. She stated she understood there was also a need
for second and third shift childcare and questioned if that was brought up during quality
of life need discussions.
Mr. White stated it was consistently brought up during discussions on increasing the
labor force participation rate. He explained he had recent conversations about the
struggle to find affordable and reliable childcare, with some individuals facing a two or
three year waiting list. He stated GO-EDC had been supportive of the Oshkosh Housing
Authority's efforts to renovate the Waite Rug facility.
Mayor Palmeri questioned if Mr. White had correctly stated a two or three year waiting
list.
Mr. White explained a high demand daycare facility in Oshkosh had a two to three year
waiting list.
Pam Ruder, Executive Director, Greater Oshkosh Healthy Neighborhoods Initiative (GO-
HNI), presented their mid-year report.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Herman complimented Ms. Ruder for the growth the organization had
made since she became executive director.
Ms. Ruder thanked Council Member Herman.
Council Member Herman stated he understood there had been two home renovations on
Bowen Street which was the direction Council had wanted GO-HNI to take.
Ms. Ruder indicated there was a new neighborhood association to the west of Menominee
North that had selected September 281h as their organizing day.
Mayor Palmeri questioned if there was a neighborhood plan for Stevens Park and what
had prompted the purchase of the home in that neighborhood for renovation.
Ms. Ruder explained the property had been for sale by the owner, and had historically
been an eyesore. She stated the neighborhood association had intentions of taking one of
the worst properties on the block and making it the best.
Mayor Palmeri questioned if Stevens Park had a formal neighborhood plan.
Mr. Davis stated yes.
PUBLIC HEARINGS
Resolution 19-472 Approve Final Resolution Vacating Rath Lane East of North Koeller
Street
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Resolution 19-473 Approve Final Resolution for Special Assessments for Asphalt
Overlay Relating to Contract No. 19-23
A) Madison Street (Merritt Avenue to Northwestern Avenue)
B) Northwestern Avenue (Madison Street to Mt. Vernon Street)
C) West 101h Avenue (Oregon Street to Minnesota Street)
MOTION: ADOPT (Poeschl; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
CITIZEN STATEMENTS
Andy Leavitt, Chancellor for University of Wisconsin Oshkosh(UWO), 1337 Washington
Avenue, explained with the beginning of the school year approaching and students
arriving, the population of Oshkosh would grow four percent. He stated the university
was in its fifth year of a program that featured Quest 3, in which first semester
sophomores volunteered within the community. He explained the amount of time
committed to this program was notable. He stated he believed it was part of why nearly
90 percent of in-state UWO students and nearly 40 percent of out of state UWO students
remained in the Wisconsin area after graduation. He explained the graduating class last
year was comprised of over 2,500 students, and contributed to the local talent of Oshkosh.
He stated a recent marketing survey revealed that students placed value in their
experience in both the quality of instruction and the City/campus connection. He
explained the university would celebrate its 1501h anniversary in 2021, and he would like
to partner with the City on an event celebrating the 1501h anniversary of the university's
first class. He encouraged everyone to take advantage of all the university had to offer.
Deb Martin, 164 Wyldewood Drive, explained she was part of Water City Speakers, an
Oshkosh division of Toastmasters, and invited Council to visit one of their meetings. She
stated she was also part of a small group called Fill the Gap and invited Council to a
presentation detailing the culture of poverty on September 161h and 191h by Al Rolph of
the Salvation Army. She explained Steve Sagmeister, a retired Oshkosh police officer,
rehabilitated bicycles and worked with the Salvation Army to provide them to people in
need. She stated Mr. Sagmeister and colleagues provided approximately 400 bicycles a
year. She explained when she had visited with Mr. Sagmeister in June, he had been out
of bicycles. She stated Fill the Gap had reached out to various faith leaders and published
an ad seeking donations in local newspapers. She explained there were a number of
individuals who utilized other transportation than a vehicle. She invited Council to a
presentation on human trafficking awareness on September 131h at the university.
CONSENT AGENDA
Report of Sills by the Finance Director
Approval of Cash Report from May 2019
Receipt & Filing of Common Council Minutes from August 13, 2019
Receipt of Claims filed with the City's Insurance Company:
A) Gretchen Goyke for alleged damages to vehicle from hole in the road
4
PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-474 Authorize Application for Edward Byrne Memorial Justice
Assistance Grant (JAG) for Police Department ($14,670.00)
Resolution 19-475 Approve Amendment to 2019 CIP Budget for Menominee Park —
Little Oshkosh Replacement project ($35,000.00)
Resolution 19-476 Approve Amendment to 2019 Operations Budget for the Fire
Department to Increase Expenditures due to Planned
Reimbursement from Wisconsin Emergency Management ($7359.76)
Resolution 19-477 Approve Funding Consent & Acknowledgement Agreement with
Wisconsin Emergency Management
Resolution 19-478 Approve Agreement with the University of Wisconsin—Oshkosh for
Payment in Lieu of Room Tax
Council Member Miller thanked City staff, the university and the Oshkosh Convention
and Visitors Bureau for their collaboration.
Mayor Palmeri indicated Council was pleased to see an additional payment in lieu of
room tax agreement within the City as there were not many.
Resolution 19-479 Award Bid for Public Works Contract No. 19-01 to Highway
Landscapers, Inc. for West Waukau Avenue Gallup s-Merritts Creek
Crossing Reconstruction ($940,235.77)
Resolution 19-480 Award Bid for Public Works Contract No. 19-11 to Wood Sewer &
Excavating, Inc. for Sanitary Manhole Rehabilitation /
Inflow/Infiltration Reduction Program ($294,427.30)
Resolution 19-481 Approve Initial Resolution for Special Assessments for Concrete
Pavement, Sidewalk, Driveway Aprons, Sanitary Sewer Main &
Laterals (New & Relay) Water Main & Laterals (New & Relay) &
Storm Sewer Main & Laterals (New & Relay) Relating to Contract
No. 19-24 Fernau Court (500' north of West Fernau Avenue to 675'
north of West Fernau Avenue)
Resolution 19-482 Approve Change Order No. 1 Public Works Contract No. 19-05
Oregon Street (West 161h Avenue to West 21s'Avenue Reconstruction
/PTS Contractors, Inc. (+192,625.55)
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-483 Approve Professional Services Agreement for Construction-Related
Engineering Services for Contract No. 18-16 Wastewater Treatment
Plant Digester Mixing System Upgrade/Donohue & Associates,Inc.
($115,029.00)
Resolution 19-484 Approve Purchase of Road Salt for Winter 2019-2020 for the
Department of Public Works through WDOT from Morton Salt
Company ($311,346.00)
Resolution 19-485 Approve Purchase of Manhole / Inlet Castings for the Streets
Division of the Department of Public Works ($18,802.05)
Resolution 19-486 Approve Conditional Use Permit for Expansion of an Outdoor Patio
Area at 24 East Gruenwald Avenue (Plan Commission Recommends
Approval)
Resolution 19-487 Approve Special Event — ReThink Addiction Run to utilize
Menominee Park&City streets for the ReThink Addiction Run-Walk
/ September 7, 2019
Resolution 19-488 Approve Special Event — Silver Star Brands to utilize Reetz Softball
Complex & Menominee Park for their Team Member Appreciation
Day/ September 12, 2019
Resolution 19-489 Approve Special Event — Oshkosh North Student Council to utilize
City streets for the Oshkosh North Homecoming Parade / October
18, 2019
Resolution 19-490 Approve Special Event — Christine Ann Domestic Abuse Services
Inc. to utilize Menominee Park & City streets for the Race for the
Light Walk Run/December 7, 2019
Resolution 19-491 Approve Special Event — UW Oshkosh Student Recreation &
Wellness Center to utilize City streets for the UW Oshkosh Shamrock
Shuffle 5K Run - Walk/March 14, 2020
Resolution 19-492 Approve Block Party — Kim Willman to utilize Wheatfield Way for
neighborhood block party/ September 1, 2019
Resolution 19-493 Approve Combination'Class A" License, Special Class "B" Licenses,
Operator Licenses & Taxi-Cab Driver License
6
PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 19-494 Approve Zone Change from Suburban Mixed-Use District (SMU) to
Duplex Residential — 6 District (DR-6) for Property Located at the
South 2400 Block of Omro Road (Plan Commission Recommends
Approval)
MOTION: ADOPT (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Ordinance 19-495 Approve Zone Change from Urban Industrial District (UI) to Urban
Industrial District with a Planned Development Overlay (UI-PD) at
1016 Witzel Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Ordinance 19-496 Approve Appointment of Alternates to City Boards & Commissions
MOTION: ADOPT (Poeschl; second, Herman)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
Mayor Palmeri explained up to two alternates would be added to boards and
commissions that did not currently have them.
Ordinance 19-497 Modify Parking Regulations on Knapp Street
FIRST READING; LAID OVER UNDER THE RULES
Mayor Palmeri asked for an explanation of the modifications.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Rohloff explained there would be no parking on Knapp Street on both sides of the
street from W. 51h Avenue to twenty-six feet south of W. 51h Avenue. He stated it would
help alleviate congestion near the church.
Ordinance 19-498 Approve Ordinance Permitting Appointment of Non-Voting Youth
Members to City Boards & Commissions
FIRST READING; LAID OVER UNDER THE RULES
Council Member Mugerauer stated it was his understanding Council was looking to add
the ability for non-voting youth to participate in various boards and commissions. He
explained it would increase civic engagement. He recommended anyone interested
submit an application.
Mayor Palmeri explained this would allow youth to participate in various boards and
commissions as opposed to a mayor's youth council, which had previously been
discussed. She encouraged individuals to apply.
Council Member Poeschl stated it was his understanding the age group would be 15 to
19 years of age.
Mayor Palmeri agreed.
Council Member Poeschl stated it was a wide range of youth that would be able to
become more actively involved in the community.
Mayor Palmeri explained it would be a one year commitment.
Ordinance 19-499 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD) at 237 North Washburn Street (Plan Commission
Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 19-500 Approve Specific Implementation Plan for a Monument Sign at 1016
Witzel Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
8
PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Resolution 19-501 Approve Land Disposition of Surplus Property to Prime Space, LLC;
Northeast Corner of Rath Lane & N. Koeller Street (Plan
Commission & Advisory Parks Board Recommend Approval)
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (5) Mugerauer, Krause, Miller, Allison-Aasby, Herman
Noes (1) Mayor Palmeri
Present (1) Poeschl
Mayor Palmeri explained the topic had been reviewed by the plan commission and
advisory parks board. She stated after reviewing the comprehensive plan, chapters 4, 7
and 8, the objectives related to land use, utilities and agricultural natural resources she
had concerns. She asked for an explanation of how it was different from the vacation of
N. Rath Lane.
Mr. Davis stated the Koeller Street extension was planned as part of the Oshkosh
Corporation global headquarters project. He explained the City had hired an engineering
firm to identify what needed to be done to provide adequate access and one
recommendation had been to extend Koeller Street to create sufficient right of way. He
stated the curvature of the road on the way to the front entrance to the headquarters had
resulted in a much broader swing for the amount of traffic than had been anticipated. He
explained it would leave a section of parkland that included a manmade ditch separated
from the rest of the property by the right of way. He stated the ditch had become a
wetland as it had been part of the golf course drainage system. He explained additional
economic development was anticipated in the corridor surrounding the new
headquarters, and the developer would like an access point onto Koeller Street.
Mayor Palmeri questioned if access to the developer's lot could be provided off of the
Rath Lane vacation portion to the south.
Mr. Davis stated yes, however, the developer had not submitted any official plans. He
explained at this point the location of Rath Lane was still concrete and could be used as
the access point although it would not have to be the only access point provided to the
property.
Mayor Palmeri questioned if it was currently undevelopable by itself.
Mr. Davis stated yes.
Mayor Palmeri stated it was her understanding it could revert to being developed if the
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
property was combined with the portion south of Rath Lane.
Mr. Davis agreed.
Mayor Palmeri questioned if there would be setback requirements.
Mr. Davis stated yes.
Mayor Palmeri explained last year after Act 183 was passed, the traffic impact analysis
study that was conducted did not specify the out lot or the portion of Rath Lane and the
access. She questioned if the permit exemptions for smaller wetlands would allow the
developer to fill in the property.
Mr. Davis stated he was not able to speak for the Wisconsin Department of Natural
Resources (WDNR), however, he believed the area was small enough to allow the
developer to receive a general permit. He explained they would have to submit the
application, and they were unable to do so without having a specific project proposed.
Mayor Palmeri stated there were numerous references in the City's comprehensive plan
regarding wetland preservation. She explained the half acre of wetland would sequester
approximately 2,500 tons of carbon. She questioned if City staff was concerned about
giving up the wetland.
Mr. Davis indicated speaking for himself, the wetland was not high quality and his
expectation was that there would be more carbon sequestration if it was left as green
space or part of a storm water management system. He stated he believed when a site
plan was submitted, the developer would have a quality of bio soil that would result in
more wetland plants than there was at this time. He explained public works would
review the plan for storm water management quality, and evaluated a list of wetland
plants that could exist in a bio soil. He stated the water quality for the neighborhood and
Fox River basin would improve based on the redevelopment for the site.
Mayor Palmeri stated that would be wonderful if the developer would agree to do that,
however, there was nothing holding him to that.
Mr. Davis agreed and explained the private property owner did have the final say in the
development schedule. He stated it was his belief that the property owner had worked
hard to obtain the property and had plans to develop it. He explained with Oshkosh
Corporation headquarters opening in fall, he expected it would be an attractive location
for corporate business park type tenants.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl stated his understanding of what Mr. Davis had explained was
that developing the site would lead to a cleaner and improved wetland area.
Mr. Davis explained the storm water quality should improve because at this point there
was no current storm water management.
Council Member Poeschl stated he understood it was a beginning step for the
reconstruction of the corridor, and while one wetland may improve, he was concerned
about the long term impact of development. He explained he was concerned that
commercial development would occur at a faster pace than development of the park.
Mr. Davis stated it was difficult to speculate as to how quickly the private development
would take place. He explained based on the plans that had been submitted to date, there
was significant interest in the corridor from developers, tenants and buyers. He stated
the developer to the east would need to provide storm water quality benefits that
currently did not exist. He explained it had been a requirement for Casey's General Store
and would be for any other development in the area. He stated he believed storm water
quality would improve based on the developments. He explained it would improve the
City's water quality, as the storm water would be fed through a pipe into the lake and
Fox River,not into the park. He stated he believed Council and City staff shared the goals
of economic development and establishing a high environmental quality.
Council Member Poeschl explained he believed wetlands and storm water quality to be
two different things. He stated he understood storm water went to a specific place, and
wetlands were made to retain and hold back certain things. He asked for an explanation
of the differences and similarities between the two.
Mr. Davis explained they were similar in that bio soils were a form of artificially created
wetlands, however, they did not remain wet. He stated the goal was to create the same
water quality effect of wetlands, which cleaned storm water, and bio soils had the same
impact. He explained in his experience grass soil did not provide much benefit related
to storm water runoff. He stated he believed the bio soil associated with the
developments would provide a better environment with more wildlife than grass soil
ditches.
Mayor Palmeri stated while that made sense, the original intent of Council was to
preserve the remaining acreage that was not developed by Oshkosh Corporation for park
development. She explained because the park development plans had yet to be decided
she was hesitant in making a decision to dispose of the half acre of property. She stated
there had already been land swaps that reduced the acreage that Council had previously
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
indicated they would preserve.
Council Member Mugerauer explained it was a half-acre of manmade wetland that was
undevelopable as standalone property.
Mr. Davis stated the wetland itself was significantly smaller than a half-acre; it was a few
thousand square feet of the grassy area.
Council Member Mugerauer stated in exchange for the undevelopable lot,the City would
gain valuable land along N. Koeller Street that would allow flexibility with the right of
way in the future if necessary. He explained he understood the need to preserve as much
of the park land as possible, however, due to the way the street was altered by the Army
Corp of Engineers, the property served no useful purpose other than existing as a green
space that the City would need to maintain long term. He stated he was in support of the
land swap.
Mayor Palmeri questioned what the total acreage loss was between this piece of property
and the vacation of Rath Lane.
Kelly Nieforth, Economic Development Services Manager,explained the total of both was
a half-acre.
Council Member Poeschl stated Council Member Mugerauer had brought up a land
swap. He explained that piece of the discussion was not on the agenda, and Council's
approval of the land disposition would not guarantee the land swap. He requested an
explanation of the potential swap.
Mr. Rohloff stated it was listed in the resolution that the City must approve a right of way
dedication on N. Koeller Street. He explained it had been discussed and anticipated since
January of 2018 following the presentation by Kahl Engineering.
Mayor Palmeri stated she had reviewed the presentation and the follow-up and indicated
Kahl Engineering had specifically addressed the Rath Lane vacation and had not
addressed the section of land in question. She requested clarification.
Mr. Rohloff explained when Kahl Engineering prepared the report there were no specific
routes identified for N. Koeller Street. He stated the anticipation was that there would
be additional right of way necessary for the acquisition of N. Koeller Street and Oshkosh
Avenue. He explained Council had questioned how the cost would be taken care of, and
City staff had indicated through land swaps.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 27, 2019
Mayor Palmeri stated a land swap had already occurred and there had not been any
specific information as to what future land swaps would entail.
Council Member Miller explained he viewed the property as an'orphan' parcel that could
be better used by the developer. He stated the developer would improve the
environment of the property.
Mr. Davis explained he believed water quality would improve.
Council Member Miller stated he believed it would be a win-win for the City and
economic development therefore he would support the land disposition.
Mayor Palmeri explained the mission of the parks department was to preserve open
space and land. She questioned if there had been any consideration of that mission
during discussion by the parks advisory board when the City was in a deficit of open
space.
Council Member Poeschl stated his impression from the parks advisory board meeting
was that the small piece of land would not create much of a difference in regards to the
broad spectrum of the park development project. He explained the majority of the parks
board felt comfortable in moving away from maintaining the portion of land. He stated
he had voted present as he was concerned about not fully understanding the
implications.
Council Member Miller agreed.
Council Member Poeschl explained the general consensus of the parks advisory board
was the small loss of park land would not impact the greater project of Lakeshore Park.
Mayor Palmeri questioned what the total number of remaining acreage would be.
Mr. Rohloff stated he did not have an exact number, however, City staff had estimated
there would be approximately 60 acres available for development during initial
discussions, and he believed the acreage would remain close to that figure.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Mayor Palmeri explained a meeting date between the Oshkosh Area School District and
Council was yet to be determined.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Rohloff stated there was the potential for the meeting to be scheduled on October 301n
however it was not a firm date at this point. He explained Mike Stanley, Fire Chief, had
been provided the final draft of the fire department staffing study for his review. He
stated he anticipated a copy would be provided to Council to review by the end of next
week.
Council Member Herman explained a wage increase for Council and the Mayor had been
approved in 2015. He stated anytime there was a mayoral election, Council had the
opportunity to discuss Council and Mayoral salaries through an ad-hoc committee. He
explained there had been questions whether or not discussion had occurred after the most
recent mayoral election. He indicated it had not occurred and questioned if there was
interest in reviewing the pay scale. He stated it had been nearly 10 years prior to the 2015
increase that the pay scale had been reviewed and the duties of Council and time
commitment required had significantly increased. He asked for an explanation of the
cycle of pay changes that would occur if Council were to approve an increase.
John Fitzpatrick, Assistant City Manager/Director of Administrative Services, explained
the cycle was related to the way State law was structured. He stated sitting elected
officials were unable to give themselves raises. He explained if Council believed it was
appropriate to increase their wage, it would take effect with the next election cycle.
Council Member Herman stated if Council moved forward with a pay increase, Council
Members elected in the 2020 Spring Election would be eligible for a pay raise. He
explained the rest of the Council would have to wait until the next election in 2021.
Mr. Fitzpatrick agreed. He explained the committee had also analyzed the differential
between Council Members and the Mayor.
Council Member Miller asked for an explanation of Council's salary.
Mr. Fitzpatrick stated the resolution in 2015 increased the amount of Council's annual
salary to $5,000 dollars and the Mayor's to $6,500 dollars.
Council Member Herman explained there were no fringe benefits such as health
insurance, life insurance or retirement. He stated a study conducted in 2015 indicated
the pay scale in Oshkosh had been below similar communities and the City was now in
line with other municipalities. He recommended if Council wished to pursue an increase
that a similar study be conducted and that various variables of the pay scale be reviewed.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mr. Fitzpatrick explained the committee had researched a variety of items when
comparing salaries including the population of the community, the form of government
and other applicable data.
Council Member Poeschl thanked Council Member Herman for bringing the item to
Council's attention for reflection. He explained he had been motivated by a desire to
serve the Oshkosh community when he chose to run for office, not by financial gain. He
stated the salary was not a reflection of the amount of time and effort that went into
serving on Council. He explained he was not interested in a salary increase for Council
or the Mayor. He stated he believed reviewing the pay scale approximately every ten
years was sufficient and was not in favor of moving forward with a discussion regarding
a salary increase.
Council Member Krause explained when he had first decided to run for Council in 2016
he had not realized that there was pay associated with the position. He stated he did not
believe salary was the motivation of anyone serving on Council. He explained he would
not be interested in a salary increase.
Mayor Palmeri stated it appeared that there was no interest in reviewing the wages at
this time. She explained it could be discussed at a future time if that sentiment changed.
She stated it had been brought to Council's attention that it had not been reviewed in
2017. She stated she had requested a discussion regarding a potential resolution
regarding gun violence and safety. She questioned if Council would like to call upon
State legislators to support common sense safety rules and universal background checks
related to the Governor's recent proposal.
Council Member Krause explained he supported the advancement of gun safety and gun
awareness. He stated he believed in common sense gun reform to prevent those who
should not have access to weapons from obtaining them. He questioned if other cities in
Wisconsin had similar resolutions.
Mayor Palmeri stated La Crosse had unanimously passed a similar resolution in
September of last year.
Council Member Krause explained Oshkosh would then be one of the first to express
support, which would be exciting.
Council Member Miller stated he believed it was a highly political issue and was
uncertain if Council should engage in that type of discussion. He explained he would
like to avoid political exposure for Council Members as well as the City.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl explained he believed a priority of an elected official for the
City should be to have local debates and express opinions, even when it was not through
a majority opinion or resolution. He stated he believed it was important to seek to
represent the views of Oshkosh residents in the legislature. He explained he would be
open to a plethora of topics to communicate with legislators about. He stated if the debate
sparked conversation in the community about mental health, access to firearms and gun
safety he was in favor of it. He explained as a school board member, he was concerned
about the safety of students, and there had been many instances throughout recent years
in which students were not safe across the country. He stated the school district worked
closely with the police department to ensure the community was safe and he believed
this was one step towards further promoting that idea. He explained he believed it would
let those who had the power to make changes know that they had Council's support.
Council Member Herman questioned if the Wisconsin Chiefs of Police Association had
taken a stance and what feedback had the Chief had heard from the community that
Council should be aware of.
Dean Smith, Chief of Police, explained the Wisconsin Chiefs of Police Association
supported the red flag law. He stated there was value in the proposal to law enforcement,
although there were details that would need to be worked out. He explained law
enforcement did not wish to take away anyone's right to due process, however, there
were steps that could be taken in respect to individuals who were in a mental health crisis.
He stated the proposed red flag law was geared to address those suffering from such a
crisis while in possession of firearms, and was similar to other red flag laws throughout
the country. He explained it was not designed to take away an individual's access to
weapons in the long term.
Council Member Herman stated he was a retired law enforcement officer and had dealt
with the subject for many years. He explained Council could draft a resolution
expressing disdain for gun violence and related crimes, however, change to the law
would need to come from a State level. He stated Council could endorse or support
various parts of the proposed law. He explained he believed Council needed to exercise
caution in taking a legislative stance. He agreed it was important to communicate with
local legislators and do as much as possible to make the community safe. He explained
the verbiage of the resolution would determine whether or not he would support it.
Council Member Krause stated he believed part of the problem of gun violence
throughout the country was accessibility to firearms by those who should not have
access. He explained he believed as City leaders without influence of lobbyists or big
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
donors, Council should convey the opinion of what he believed to be the majority of the
population who wanted common sense gun reform. He stated he believed change was
necessary to promote safety. He explained he would support a resolution.
Council Member Mugerauer stated he would support a resolution expressing support for
those who need mental health assistance and condemning gun violence. He explained if
it was drafted to look like an item from a political party he would not be supportive. He
stated it should be non-partisan. He explained he believed it was appropriate to express
support for those in a mental health crisis, however, the moment the resolution appeared
political he would not participate.
Mayor Palmeri questioned if Ms. Lorenson had any questions regarding the direction.
Ms. Lorenson questioned if she was being directed to draft a resolution based on
Council's discussion.
Mayor Palmeri stated she believed there was interest in a limited scope of support.
Ms. Lorenson explained she understood Mayor Palmeri had worked on the information
and she agreed to work with her on the topic. She stated she would not be present at the
next Council meeting, and with the holiday week, she was not certain if the draft would
be complete by the September 101h Council meeting.
Mayor Palmeri thanked Council for having the difficult conversation.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
Mayor Palmeri stated applications were being accepted for Rock the Block. She stated
there was a town hall meeting scheduled for September 111h at 6:00 p.m. She explained
Elizabeth Last was the contact at Habitat for Humanity and her contact information was
235-3535 or ELast@habitatoshkosh.org. She stated there were openings for alternates on
various boards and commissions including the sustainability advisory board, public arts
and beautification committee,landmarks commission,rental housing advisory board and
the parks advisory board. She explained applications were still being accepted for the
ad-hoc committee on special assessments. She encouraged those interested to apply.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Council Member Poeschl stated he would like to add a discussion on a conversion
therapy ban to the next Council meeting. He explained he was not requesting a resolution
at this point. He stated he wanted to provide City staff time to prepare for the discussion.
He explained he would also like to have a conversation about Oshkosh youth riding
transit busses and various monetary options to cover or help cover the cost. He stated at
the next Council meeting he would provide the information he had prepared and request
City staff to do the same.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mr. Rohloff explained the conversion to monthly utility billing had generated a
significant amount of questions from the public. He stated the new format of the water
bills contained additional information, which had generated questions. He explained
there were citizens concerned that their bills had increased compared to last year or the
previous quarter. He indicated summer usage was generally the highest, therefore
comparing summer bills to previous quarters did not make sense. He stated he did not
regret providing monthly bills as he believed they provided great information, and if
citizens did a better job of water conservation it would be a benefit to the environment.
He explained City staff was receiving an overwhelming account of calls, and many
citizens were insistent that their bill was incorrect. He stated there were water, sewer and
storm water rate increases that took place over the last year, therefore comparisons to last
year's bills would not be applicable. He explained it was a common occurrence for
individuals to unknowingly have leaks in their toilets, or forget to turn off an outdoor
faucet. He stated an outdoor faucet had the capability to generate eight gallons of water
per minute. He explained there was a gentleman who had expressed concerns on the
internet, and City staff had invited him to the water distribution center to watch his meter
be tested, which revealed an accurate reading. He stated meters did not have the
capability to over-report, they could only under-report. He explained there were citizens
who insisted they did not have a leaky toilet and could not have generated the indicated
usage. He stated he had personal experience with a higher water bill due to a leak. He
recommended putting a small amount of food coloring in the toilet tank, and if it spread
to the bowl, there was a leak. He explained leaks were common and could be costly. He
stated the available credit processes were listed on the City's website as well as a plethora
of frequently asked questions regarding water usage. He explained use of a rain barrel
or other items had the potential to lead to a credit towards storm water. He stated outside
of the credit programs, if there was a spike in the bill, there was nothing else City staff
could do as the water had been used.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mayor Palmeri explained she had provided her usage for the month to staff in Appleton,
Fond du Lac and Neenah. She stated her bill was comparable to the Neenah amount, and
slightly higher than Fond du Lac and Appleton.
Council Member Krause explained he had tried to not participate in the Facebook
conversations regarding water bills, however, a resident had noted from July 41h to July
81h City staff had reported he used 504,000 gallons of water. He asked for an explanation.
Mr. Rohloff stated the individual had incorrectly reported the total, as it was 50,000
gallons. He explained if an outdoor faucet was left on, and could release approximately
8 gallons per minute, that amount of water usage was conceivable. He stated a similar
occurrence had happened to Mr. Davis.
Council Member Krause questioned where the water would go.
Mr. Rohloff indicated it would be absorbed into the landscaping. He explained the
gentleman Council Member Krause had brought up was the same gentleman City staff
had invited to watch the testing of his water meter. He stated it was possible that a
neighbor turned off his faucet without him knowing it had been on. He explained City
staff had the data to support the usage. He encouraged citizens to become educated on
how to detect water leaks.
Mr. Davis explained he had been on vacation and an individual who had been paid to
water the plants neglected to turn the water off. He stated leaks happened in unexpected
ways.
Council Member Mugerauer questioned if there had been any errors attributed to the
City.
Mr. Rohloff explained he was not aware of any. He stated City staff was taking inquiries
seriously.
Council Member Herman disagreed. He explained he was contacted by a condo
association on Ryf Road who believed there was a discrepancy on their water bill. He
stated the water department had recalibrated their meter after determining it was not
correct and had been reporting hundreds of gallons more than its actual usage. He
explained contrary to what had been stated earlier, it was possible for a meter to read
incorrectly and report more than the actual usage. He stated equipment had the potential
to fail.
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
Mayor Palmeri questioned if it was the conventional type of meter or the new wireless
model.
Council Member Herman explained he was not certain, however, he would assume as it
was a new condo development, it would have the newer type of meter.
Mr. Rohloff stated he would prefer to fact-check Council Member Herman's statements
as he did not have any information on this instance.
Council Member Herman stated a City staff member responsible for calibrating the
meters had worked with the condo association on fixing the meter. He explained the
individual he spoke with from the condo association had indicated City staff had been
pleasant to work with, took care of the problem and adjusted the bill accordingly as it
was due to the meter.
Mr. Rohloff stated a grand opening date for the Oshkosh Corporation headquarters
would likely be scheduled for approximately November 1st. He explained the
professional service agreement with Ayers Associates was for the Jackson Street traffic
and safety corridor study, and been the result of action by the Jackson Street
neighborhood association. He stated there were two professional services agreements
with Strand Associates was for the Gallups-Merrits Creek crossing reconstruction and
Sawyer Creek floodplain mapping assistance. He explained Jacobs Engineering Group
had been contracted for work on the wastewater treatment plant digester mixing system
upgrade. He stated there had been a cooperative purchase of encryption services for
police radios. He explained the second quarter expense and revenue statements had been
included in Council's packets.
Mayor Palmeri requested the addition of the land disposition onto the outstanding issues
spreadsheet.
Mr. Rohloff stated it would be added.
Dean Smith, Chief of Police, explained the Leach Amphitheater, Riverside Park and the
river walk had been utilized as public viewing areas for the 41h of July fireworks. He
stated City staff estimated between 7,000 to 10,000 individuals attended the celebration
between the Leach Amphitheater and other viewing stations. He explained weather had
impacted the celebration. He stated there were approximately three calls for service,
which was low. He explained the Winnebago County Sheriff's Department indicated
they had very few issues with boating traffic. He stated there had been individuals who
crossed the railroad tracks in the Pioneer Drive area, and if the venue remained the same
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
next year, the City would address that concern with additional barricades. He explained
Council had approved an areas on Pioneer Drive, Riverside Park and the river walk for
alcohol consumption. He stated there had not been any alcohol violations or any other
issues related to that. He explained traffic flow out of the event area received positive
comments and had been adjusted to accommodate the weather.
Mayor Palmeri stated it was her understanding the event had been well received. She
explained cleanup had been quick the following day, the event was largely incident free
and she had received many positive comments. She thanked City staff and those who
had organized the event.
Council Member Poeschl stated he had attended and enjoyed the event. He explained he
believed it had been easy to get in and out of the area. He stated he managed the Court
Tower Apartments and had a conversation with residents who expressed many of the
same positives. He explained he had witnessed a number of firework lit by residents that
were typically not common in that area. He suggested due to the higher congestion of
people that enforcement of those types of restricted fireworks should be stronger if the
event was held in the same venue next year. He stated he understood it was difficult to
regulate.
Chief Smith questioned if he was referencing private citizens lighting off fireworks.
Council Member Poeschl stated yes.
Chief Smith indicated his department received a number of calls reporting such
fireworks, and unfortunately it was difficult to enforce as the time officers arrived at a
location, the fireworks were no longer in progress. He stated if they found illegal
fireworks that were not lit, an ordinance violation was issued and they would be seized.
Council Member Poeschl stated he had been concerned by large fireworks that were lit
between the 100 N. Main building and the Court Tower Apartments. He explained
overall he believed it was a great event and he had heard nothing but positive comments.
Council Member Mugerauer agreed. He stated it was a job well done by City staff and
the event organizers. He questioned what type of extraordinary charges had been
assessed to the group.
Kathy Snell, Special Events Coordinator, explained she did not have the exact number
prepared. She stated the charges related to City services were minimal for the scale of
the event. She explained the event at the Leach was separated from the fireworks display,
so City staff was able to separate those charges from police services that would have
occurred for the fireworks anyway. She stated because the event had been contained
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PROCEEDINGS OF THE COMMON COUNCIL-AUGUST 27, 2019
within the Leach property it was similar to a Waterfest event. She explained the
infrastructure was already in place which lowered the cost. She stated there had been
private security in addition to police officers assigned to the area. She explained the event
holders would be billed for police service in Riverside Park during the time of the event.
Council Member Mugerauer questioned if it was a significant reduction in fees compared
to past 41h of July events.
Ms. Snell stated yes, based on the logistics and footprint of the event.
Council Member Mugerauer questioned if it had been a safer event for the community
and police officers than past events.
Chief Smith stated yes. He explained traffic had improved and there had not been any
alcohol violations. He stated in respect to extraordinary charges, the City had always
taken responsibility for the safety of the fireworks display and event holders had not been
billed for that portion.
Ray Maurer, Parks Director, thanked everyone who had been involved in the event. He
stated collaboration had led to success. He explained a number of citizens and
organizations had donated funds to extend the fireworks show to make it bigger and
better.
MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION
19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER
WITH LEGAL COUNSEL WHO WILL RENDER ADVICE
CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO
LITIGATION IN WHICH THE CITY IS OR IS LIKELY TO BECOME
INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL, INC.
AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET
IN THE CITY OF OSHKOSH (Herman; second, Allison-Aasby)
CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby,
Herman, Mayor Palmeri
MOTION: ADJOURN (Mugerauer; second, Herman)
CARRIED: VOICE VOTE
The meeting adjourned at 8:21 p.m.
PAMELA R. UBRIG
CITY CLERK
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