HomeMy WebLinkAbout02. Minutes from Common Council MeetingPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
JANUARY 26, 2021
REGULAR MEETING held Tuesday, January 26, 2021 at 6:00 p.m. virtually.
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Lynnsey Erickson, Bob Poeschl, Michael
Ford, Deb Allison-Aasby, Jake Krause and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn
Lorenson, City Attorney
Council Member Mugerauer read the Invocation.
The Pledge of Allegiance was led by Council Member Mugerauer.
INTRODUCTION OF STAFF
Brad Larson, Museum Director, introduced Amy Fels, the new Museum Archivist, he
reviewed her background and the responsibilities of her position.
PRESENTATIONS
Sue Van Houwelingen, Executive Director, Oshkosh Housing Authority, gave an overview
of the child development center and the benefit of the multi-shifts offered to individuals
in need of child care.
Ken Gabrielson, Financial Utility Manager and Ryan Lemke, Water Distribution Manager,
provided an overview of the AquaHawk Software and the benefit for the users of view
their accounts.
Mayor Palmeri questioned the rounding of water usage.
Mr. Gabrielson explained the water reading was rounded up at 5, down at 4 and that some
citizens would see the same bill for multiple months. He stated that once the software was
ready the department would put out notices so citizens could sign up to view their
information.
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Russ Van Gompel, Director of Finance, stated if Council M0embers would like to test
AquaHawk to let him know.
CITIZENS STATEMENTS
There were no citizen statements.
PUBLIC COMMENT ON AGENDA ITEMS
Resolution 21-50 Approve Land Disposition of Vacant Property at the 600 Block of
Grove Street Between Cleveland Avenue & Parkway Avenue;
Approve Development Agreement with Oshkosh Habitat for
Humanity
Mary Ann Offer, 1103 E. Parkway Avenue, explained that she did not agree with the
proposed plan of homes on the vacant lot.
Stephanie Pommerening, 631 Grove Street, expressed her concern for the proposed plan
on the vacant property. She expressed the neighborhood was quiet and appreciated the
community garden.
Mayor Palmeri read the following emails:
Kristopher Ulrich, 716 E Irving Avenue, Menominee South Neighborhood Association
Steering Committee Member, opposed the proposed plan for the Habitat for Humanity
homes.
Linda Baeten, 1112 Merritt Avenue, opposed the proposed plan for the Habitat for
Humanity homes.
Tom Simon, Executive Director, Habitat for Humanity, 2559 Badger Avenue, explained
that the plan had been in the works since 2015 and the community garden was a temporary
project. He stated that Habitat for Humanity had a vested interest to improve the
neighborhood and would like to work with the homeowner’s association. He explained
that Habitat for Humanity has built 39 homes in the Oshkosh community and the collective
net worth for those home was $6,000,000.00. He explained the proposed homes would be
occupied by single families and the six homes would align with the homes across the street.
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CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of the Common Council Minutes from January 12, 2021.
Resolution 21-29 Approve Lease Extension with Fraternal Order of Eagles/William G.
Spanbauer Field Concessions Operations (Advisory Parks Board
Recommends Approval)
Resolution 21-30 Approve Lease Extension with Oshkosh YMCA/Red Arrow Park
Baseball Complex Concessions Operations (Advisory Parks Board
Recommends Approval)
Resolution 21-31 Approve Agreement for Architectural/Engineering, Bidding &
Construction Management Services for Parks Department
Administration/Operations Facility with Kueny Architects, LLC
($265,000.00)
Resolution 21-32 Approve Professional Services Agreement for Environmental Support
for 2021 Capital Improvement Projects / AECOM Technical Services,
Inc. ($120,000.00)
Resolution 21-33 Approve Agreement for Professional Services for 2021 Wastewater
Utility Technical Services/Jacobs Engineering Group, Inc.
($175,000.00)
Resolution 21-34 Approve Professional Services Agreement for 2021 Water Utility
Technical Services / Jacobs Engineering Group ($123,000.00)
Resolution 21-35 Approve Change Order No. 1 (Final) for Public Works Contract
No. 20-20 Storm Sewer Laterals / Various Locations / Advance
Construction, Inc. (+$22,030.40)
Resolution 21-36 Award Bid for Public Works Contract No. 21-06 to Al Dix Concrete,
Inc. for Concrete Sidewalk (New & Rehabilitation) ($1,179,423.50)
Resolution 21-37 Award Bid for Public Works Contract No. 21-04 to Dorner, Inc. for
West 9th Avenue Reconstruction ($4,643,078.10)
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Council Member Mugerauer stated he was impressed that multiple bids came in for the
West 9th Avenue reconstruction project and the project was projected to be under budget.
James Rabe, Director of Public Works, stated contractors in the area had other projects
postponed so this benefited our bidding for the project.
Resolution 21-38 Approve Purchase for SWAT Command Vehicle from LDV Custom
Specialty Vehicles for Police Department ($199,641.00)
Resolution 21-39 Approve Purchase for four buses from New Flyer of America, Inc., for
GO Transit ($2,444,488.00)
Resolution 21-40 Approve Purchase for 2021 Police Vehicles from Ewald Automotive
Group for Police Department ($165,170.00)
Resolution 21-41 Approve Amendment to 2021 Operations Budget - Media Services for
drone donation ($4,050.00)
Resolution 21-42 Approve Special Event – Oshkosh Cultural Fine Arts & Jazz Society
to utilize N. Main Street & Opera House Square for the Oshkosh Jazz
Festival / August 28, 2021
Mayor Palmeri questioned who the applicant was for the Oshkosh Cultural Fine Art &
Jazz Society and if the event was at another location.
Kathy Snell, Special Events Coordinator, stated the applicants name was Agnes Payne as
the primary contact. She stated at this time she was not aware of a change of location and
explained if there was a change to their application then an amended resolution would
come back to Council.
Resolution 21-43 Disallowance of Claim by Dan Cotter, St. John’s Duplex LLC
Resolution 21-44 Approve Appointments to the following:
BID Board
Sustainability Advisory Board
Traffic & Parking Advisory Board
Resolution 21-45 Approve Combination “Class A” License, Agent Change for
Combination “Class A”, Special Class “B” Licenses, Operator Licenses
& Taxi-Cab License
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MOTION: ADOPT CONSENT AGENDA (Krause; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 21-46 Approve Zone Change from Single Family Residential 5 District (SR-
5) to Single Family Residential 5 District with a Planned Development
Overlay (SR-5-PD) at the Southeast Corner of Linden Oaks Drive &
West 9th Avenue
MOTION: ADOPT (Ford; second, Erickson)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Mayor Palmeri questioned if the ordinance had been reviewed by the Plan Commission.
Mr. Rohloff confirmed the ordinance had been viewed by the Plan Commission.
Council Member Ford stated the Plan Commission had recommended the approval.
Mayor Palmeri asked for an overview of the project.
Mark Lyons, Planning Services Manager, explained that the zone change was to add a plan
development overlay to the existing single family residential district for construction of
the pocket neighborhood on a single parcel.
Mayor Palmeri questioned how many units would be built.
Mr. Lyons stated that 40 single family homes would be built.
Ordinance 21-47 Amend Parking Regulations on:
1) Grand Street
2) 8th Avenue
FIRST READING: LAID OVER UNDER THE RULES
Jim Collins, Director of Transportation, stated on Grand Street the street are only 18 feet
wide and the removal of the small section of parking between the driveways would allow
residents to access their driveways. He explained the 8th Avenue parking was being
removed due to a decline in business.
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Ordinance 21-48 Amend Ordinances Setting Interest Rate for Special Assessment
Payment Plans
FIRST READING: LAID OVER UNDER THE RULES
Russ Van Gompel, Director of Finance, stated the special assessment interest rate for new
projects certified in 2021 would be at 4%.
Council Member Mugerauer explained residents had commented that the special
assessment rates were high. He stated the Long Range Finance Committee reviewed and
approved the lower interest rate.
Council Member Ford stated that the Long Range Finance Committee voted on this
unanimously.
Mayor Palmeri questioned the City’s current borrowing rate was.
Mr. Van Gompel stated the interest rates from the variance debt issuance from 2017-2020
was at a margin of 2%. He explained the margin of 2% was to offset the City’s cost of
administering special assessments.
Resolution 21-49 Approve Conditional Use Permit for an Adaptive Reuse at 544 West
17th Avenue
MOTION: ADOPT (Mugerauer; second, Ford)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Spencer Morris and Doug Post, applicants of the Sunken Paddle Ciderworks, 544 W. 17th
Avenue, were available for questions and stated the use would be for a Nano Winery.
Council Member Mugerauer stated his support for the project.
Council Member Ford stated his support.
Resolution 21-50 Approve Land Disposition of Vacant Property at the 600 Block of
Grove Street Between Cleveland Avenue & Parkway Avenue;
Approve Development Agreement with Oshkosh Habitat for
Humanity
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MOTION: ADOPT (Erickson; second, Poeschl)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Council Member Ford stated that Plan Commission discussed the significant sweat equity
requirements that were explained by Habitat for Humanity. He explained the Plan
Commission was reassured the homes would be in character of existing homes and Habitat
for Humanity would work with the neighborhood association. He stated his support for
the project.
Council Member Erickson asked for clarification on the timeline and history of the project
along with communications with the residents.
Allen Davis, Community Development Director, stated the project had been discussed for
the last 5 years. He stated the first stage was the twin dominium project which was at the
southern end of the property. He explained that the project was handicap accessible and
met the requirements for UDC (Uniform Dwelling Code). He explained the property
contained the former hospital (Mercy Medical Center) infrastructure which made it
difficult to develop. He stated the community garden was a good interim use. He
explained that staff had met with the neighborhood and the land disposition notice was
sent out to the neighbors.
Darlene Brant, Grants Coordinator, stated in 2018, Steven Wiley, Principal Planner and she
had met with the neighborhood association and made them aware that Habitat for
Humanity intended to build housing. She stated the project had been an objective of
Habitat for Humanity’s since the twin dominium project with a collaborative effort
between the City, Winnebago County Housing Authority and Habitat for Humanity. She
explained this Habitat for Humanity brought affordable housing for homeownership in
the community.
Mayor Palmeri asked if there were any conflicts in the neighborhood plan goals with the
project.
Mr. Davis stated no and again reminded Council the community garden was a temporary
use for that land.
Mayor Palmeri explained that the neighborhood community garden was temporary and
suggested other locations.
Council Member Mugerauer asked what the anticipated value was for one of the homes.
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Tom Simon, Executive Director, Habitat for Humanity stated that a comparable home on
Eastman Street was appraised at $155,000 and by the time they completed the project, it
was valued at $160,000 to $165,000. He stated not all six homes would be built at once, one
at a time, each would have a different style.
Council Member Mugerauer stated the City’s responsibility was to make the best use of
the land and he supported the development.
Council Member Poeschl asked for an overview of the process and the long term plan with
a Habitat Family.
Mr. Simon stated the Fox Cities Habitat for Humanity model was followed, applications
would be submitted from April 15 through June 15 every year. He explained there was a
Family Selection Committee that worked with each family, the families make 30-60% of
the county medial regional income, and goals were implemented for homeowners. He
described the residents go through a 13-15 month process, they were required to put 250-
350 hours of sweat equity into their home, attend financial education classes, help build
the property with staff, and the Habitat for Humanity staff worked with the families to
follow-up after placement.
Council Member Poeschl questioned what the rate of ownership from time of purchase of
the home to when the loans were paid.
Mr. Simon stated that Habitat for Humanity had completed 38 homes in Oshkosh and 8 of
those homes had sold for a significant increase. He explained the homeowner had the
ability after a period of time to sell. He stated that 8 additional homeowners had paid off
their loans by making additional payments to the principal. He indicated that the
mortgages were 30 year mortgages at 0% interest and currently only 1 homeowner was
behind in their payments.
Mayor Palmeri stated that the twin dominions in the area of the proposed project and there
had been no complaints. She asked staff to work with the homeowners association to seek
a new location for a community garden.
Mr. Rohloff stated the City would work with the neighbors.
Resolution 21-51 Approve Amendment to Community Development Block Grant 2020
Action Plan & Citizen Participation Plan Related to CARES Act
Funding
MOTION: ADOPT (Mugerauer; second, Erickson)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
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Resolution 21-52 Approve Amendment to TID No. 37 TIF Development Agreement
with Rogan Shoes Inc., Oshkosh Refurb, Inc. & Masters Oshkosh, LLC
for the Redevelopment of Aviation Plaza; Approve Consent to
Property Transfer for Rogan Shoes, Inc.
MOTION: ADOPT (Poeschl; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Council Member Mugerauer asked for an explanation of the redevelopment.
Allen Davis, Director of Community Development, stated the City assisted with the
redevelopment of the site which included storm water, sewer, water and street
improvements. He explained estimates were provided prior to the development and per
the development agreement if there were additional costs the City would assist. He stated
the additional costs of $225,000 were reviewed with the developer and reallocated within
the developer agreements.
Council Member Ford asked if the TIF would close early.
Mr. Davis stated a TIF could go 27 years the City expected this TIF to be done in 12 years.
Resolution 21-53 Approve General Development Plan & Specific Implementation Plan
for a Pocket Neighborhood at the Southeast Corner of West 9th
Avenue & Linden Oaks Drive (Plan Commission Recommends
Approval)
MOTION: ADOPT (Krause; second, Erickson)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Mayor Palmeri thanked Ken Arneson, President and CEO of Evergreen Retirement
Community for being available.
Resolution 21-54 Approve the Budget Development Policy
MOTION: ADOPT (Ford; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Council Member Ford stated the policy was approved by the Long Range Finance
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Committee and would be a tool the City and citizens would use to navigate through the
budget process.
Mayor Palmeri expressed her appreciation to make this accessible to the public.
Resolution 21-55 Approve City Manager Performance Evaluation for 2020 &
Amendment to Employment Agreement
MOTION: ADOPT (Poeschl; second, Mugerauer)
CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause,
Mayor Palmeri
Council Member Krause stated the City Manager Rohloff continued to work hard for the
citizens of the community and read a statement of challenges that included:
Ransomware Attack
Covid-19 Pandemic
Transition to Virtual Meetings and Closing of City Hall
Continued Focus on the Strategic Plan
Budget/Levy restraints
Adding needed positions to the Water Filtration & Distribution Department
2021 tax bills only increased approximately $35.00
He expressed that the Council was confident in the abilities of the City Manager and staff
to deal with any upcoming challenges. He stated the Council had approved a 5 year pay
structure including a 6.6% increase for 2021 that would be retroactive to the January 1, 2021
and this increase aligned with similar sized municipalities in the State.
Council Member Mugerauer stated the process was collaborative and the City Manager
was a true leader during the ransom ware situation and COVID-19.
Mayor Palmeri stated she was impressed with his professionalism during the challenges.
Council Member Ford stated the process was open, collaborative and felt it was successful.
Mayor Palmeri asked Council Member Krause to read Mr. Rohloff’s goals.
Council Member Krause read the goals:
1. Identify and purse opportunities for the city to provide support for short and long-
term solutions to reduces and end homelessness.
2. Continue incorporating equity and inclusion into the day-to-day operations and
structures of the Oshkosh city government. This includes implementing the
PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 26, 2021
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recommendations of the DEI Committee and Council, working with departments
to achieve their DEI-approved measurable equity and inclusion goals, and
continuing community conversations with cross-section of the Oshkosh
community.
3. Provide options to analyze, prioritize and address the comprehensive facilities
needs of the City of Oshkosh.
4. To use all the resources of the City Manager’s Office, partnering with colleagues
and stakeholders, to lobby our state legislature to reduce the funding gap under the
Municipal Services Payment Program.
Council Member Mugerauer stated the goals were a collaborative discussion.
Council Member Poeschl agreed the discussion about the goals were a collaborative effort.
He stated Mr. Rohloff had shown the willingness to pivot, delegate and to improve the
community.
Council Member Krause asked Mr. Rohloff if he would like to comment.
Mr. Rohloff stated he was appreciative, humbled and excited to continue to serve the City
of Oshkosh, Council and staff. He stated that without the assistance of the council, staff
and the understanding community these challenges would not have been possible to
overcome.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
Mr. Rohloff stated he had nothing for future agenda items. He stated that for future
workshops he would like to reach out to legislatures to meet and discuss the municipal
services payment program and how it impacts the City.
Mayor Palmeri mentioned another topic was a discussion to end homelessness.
Mr. Rohloff stated he would reach out and try to set up a meeting.
Mr. Rohloff stated the Oshkosh Area School Board was willing to discuss a more equitable
cost-sharing arrangement with the school resource officer. He explained he and staff
would work with Superintendent Cartwright as plans for new school buildings were
solidified. He stated the School Board and Council Members voiced concerns regarding
mental health issues in the schools and he encouraged a discussion with the Winnebago
County Health Department.
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COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Report of Council Liaison for Boards & Commissions
Mayor Palmeri reported on the following:
East Central Wisconsin Regional Planning Commission:
2021 Work Plan and Budget
Draft Strategic Plan
Diversity Equity and Inclusion:
Presentation/Interaction with Ahmadiyya Mosque
City Messaging about COVID-19
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff informed the Council of various cooperative purchases: Truck for the sign
Division and Fire Department; Ford Super Duty F350 Truck Chassis for Sign Division
($38,377.00); Ford Interceptor Utility for Fire Department ($33,614.00); Ford Super Duty
F350 XL 4WD Crew Cab Pickup Truck for Fire Department ($39,022.00). He stated that the
4th quarter update on the Strategic Plan had disruptions due to Covid-19. He stated this
was the final quarter in the 2-year strategic plan and explained that many of the items were
ongoing and moving forward. He informed Council of the memo by Attorney Lorenson
that explained the drafted ordinance of Transitional Residential would be ready by
February 2, 2021. He stated it was a zoning code issue that needed to be presented to the
Plan Commission before it would be presented to Council. He stated the item would be on
the February 16, 2021 Plan Commission Agenda and the first reading of two would be on
February 23, 2021 followed by March 9, 2021. He explained the memo would be provided
to representative on Jefferson Street.
Council Member Mugerauer questioned if it would be appropriate to bring the Police Chief
to the next Council Meeting to give the citizens an update.
Mayor Palmeri agreed it would be helpful to have Chief Smith available to answer
questions on this topic. She inquired if there was an update on the Governors Mask
Mandate.
Mr. Rohloff stated no and the City had a draft and would wait to see what the legislature
did.
Ms. Lorenson stated the City did have a draft and might have to make changes based on
what the legislature did.
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Mayor Palmeri stated that the website EndtheRona.com showed you the locations within
the city limits for public vaccinations.
Mike Stanley, Fire Chief, stated the testing at University of Wisconsin Oshkosh had been
extended into April and the Sunnyview Expo Center had been extended into March. He
explained the National Guard would assist with the expansion to include individuals from
the 1A category and transition into 1B category. He stated individuals in the 1A category
had started receiving their second vaccine. He stated at this time there was not a known
timeline of whole scale vaccination to the community.
Mr. Rohloff stated the 1B category included 911 operators, utility and public transit
workers were added. He stated opening the vaccine to 65-70 year old which would be a
group of 700,000 people and the State received 70,000 vaccinations a week which would
take 10 weeks to administer.
Chief Stanley stated the process had begun however it will be a long process.
Council Member Mugerauer suggested to invite Winnebago County Health Director,
Doug Gieryn, to a Council Meeting to give the citizens information regarding the vaccine.
MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS:
1) BARGAINING OPTIONS, STRATEGY, PARAMETERS, AND
TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT
FOR THE REDEVELOPMENT OF THE MORGAN DISTRICT
PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE
STATUTES WHERE COMPETITIVE BARGAINING REASONS
REQUIRE A CLOSED SESSION AND;
2) MILES KIMBALL REDEVELOPMENT PURSUANT TO SECTION
19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE
COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED
SESSION (Krause; second, Mugerauer)
CARRIED: Ayes (7) Krause, Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby,
Mayor Palmeri
MOTION: ADJOURN (Poeschl; second, Ford)
CARRIED: Ayes (7) Krause, Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby,
Mayor Palmeri
The meeting adjourned at 8:19 p.m.
PAMELA R. UBRIG
CITY CLERK