HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
MARCH 9, 2021
REGULAR MEETING held Tuesday, March 9, 2021 at 6:00 p.m. virtually.
Mayor Palmeri presided.
PRESENT: Council Members Michael Ford, Deb Allison-Aasby, Jake Krause, Matt
Mugerauer, Lynnsey Erickson, and Mayor Palmeri
EXCUSED: Council Member Bob Poeschl
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn
Lorenson, City Attorney
Council Member Ford read the Invocation.
The Pledge of Allegiance was led by Council Member Ford.
CITIZENS STATEMENTS
Mayor Palmeri read an email from Tina Haffeman, no address, regarding a report that
addressed homelessness and housing affordability.
PUBLIC COMMENT ON AGENDA ITEMS
Resolution 21-130 Approve Tax Increment District No. 40 Project Plan; Designate Tax
Increment District No. 40 Boundaries; Create Tax Increment District
No. 40 Miles Kimball Redevelopment (Plan Commission
Recommends Approval)
Brett and Molly Hildebrandt, 910 W New York Avenue, expressed their appreciation
regarding the process and asked Council to support the project.
Ordinance 21-128 Create Ordinance to Require Face Coverings in Response to COVID-
19 Coronavirus Emergency Services
Christine Whitty, 226 W 12th Avenue, stated her opposition.
Michael Levenhagen, 1328 Grand Street, did not support the mask ordinance.
PROCEEDINGS OF THE COMMON COUNCIL – MARCH 9, 2021
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CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of the Common Council Minutes from February 23, 2021.
Receipt & Filing of Oshkosh Library Board Minutes from January 28, 2020
Receipt of Claim filed with the City’s Insurance Company:
A) KaliAnn Breest for alleged injuries from falling on the River Walk
B) Mark Corbett for alleged damages from a sewer backup
C) HWY 44 Business Place for alleged damages from a water main break
Resolution 21-107 Approve Cash & Investments Report from December 2020
Resolution 21-108 Amend Initial Resolution 20-478 for Special Assessments Relating to
Contract No. 21-04 to add Sanitary SeMain & Laterals (New) & Water
Main & Laterals (New) / West 9th Avenue (Pauls Place to 750’ West of
Pauls Place)
Resolution 21-109 Approve CIP Budget Amendments & Change Order No. 1 for Public
Works No. 21-04 West 9th Avenue Reconstruction / Dorner, Inc.
(+$423,591.00)
Resolution 21-110 Approve Change Order No. (Final) for Public Works Contract No.
20-07 Water Main & Miscellaneous Utility Improvements / DeGroot,
Inc. (-$143,300.36)
Resolution 21-111 Approve amendment to Professional Services Agreement with
SmithGroup for Phase 1 Initial Development of Lakeshore Park
($107,710.00)
Resolution 21-112 Approve Professional Services Agreement with Professional Service
Industries, Inc. for Construction Materials Testing for the 2021 Capital
Improvements Program ($87,525.00)
Resolution 21-113 Approve Professional Service Agreement with AECOM for Design,
Engineering, Permitting & Construction Documentation for Pioneer
Drive Riverwalk, South Main Street to Railroad Tracks ($260,000.00)
Council Member Erickson asked for an update on the project.
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Mr. Rohloff explained the next phase of the riverwalk would be from South Main Street to
the North/South portion of Pioneer Drive. He stated the following phase would be the
development of Pioneer Island which was governed by an agreement with the City and
the State. He explained the agreement outlined the riverwalk needed to be completed
within 2 years of development on the island.
Mayor Palmeri asked for visuals on the plan.
Allen Davis, Director of Community Development, stated he did not have visuals of the
plan and a map of the project would be located on the City website. He explained the long
term plan included Pioneer Island and Pioneer Drive down to the breakwater.
Mayor Palmeri asked for clarification about when the actual construction would take place.
Mr. Davis stated he was working with Finance to create a timeline. He explained that the
section from Main Street to the railroad tracks would possibly start sometime in 2021. He
stated he did not have anything to report regarding the development on Pioneer Island.
Mr. Rohloff presented a map of the riverwalk that described the phases. He explained the
City did not receive the grant this year so a new funding source was needed for the project.
Resolution 21-114 Approve Rescission of Resolution 21-89 of Award Bid to Core & Main
& ETNA Supply for 2021 Water Materials & Brass Goods for Water
Utility Division ($65,079.00 estimated)
Resolution 21-115 Award Bid to Core & Main and ETNA Supply for 2021 Water
Materials & Brass Goods for Water Utility Division ($65,513.70
estimated)
Mr. Rohloff explained resolution 21-115 had been withdrawn by staff.
Resolution 21-116 Award Bid for Public Works Contract No. 21-10 to Sure Fire, Inc. for
Water Filtration Plant Boiler & Controls Replacement & Wastewater
Treatment Plant HVAC Replacement ($438,750.00)
Resolution 21-117 Award Bid to Packer City International & Monroe Truck Equipment
for Tandem Axle Plow Truck Chassis & Equipment for the Street
Division ($204,951.00)
Resolution 21-118 Award Bid to Reeke-Marold Co. Inc. for City Hall Boiler & Cooling
Tower Pump Replacement for General Services ($120,800.00)
PROCEEDINGS OF THE COMMON COUNCIL – MARCH 9, 2021
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Resolution 21-119 Approve Employee Handbook Update
Resolution 21-120 Approve Special Event – Father Carr’s Place 2 Be to utilize City Streets
for the Father Carr’s Bridge Walk / June 5, 2021
Resolution 21-121 Approve Special Event – pdsF.U.S.I.O.N. in collaboration with the
Boys & Girls Club to utilize Fugelberg Park, South Park & City
sidewalks for the Oshkosh Summer Fun Runs / June 27 & August 8,
2021
Resolution 21-122 Disallowance of Claim by KaliAnn Breest
Resolution 21-123 Approve Appointment to the Public Museum Board
Resolution 21-124 Approve Taxi-Cab License & Secondhand Dealer License
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 21-111
(Krause; second, Ford)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Resolution 21-111 Approve Amendment to Professional Services Agreement with
SmithGroup for Phase 1 Initial Development of Lakeshore Park
($107,710.00)
MOTION: ADOPT (Poeschl; second, Mugerauer)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Mayor Palmeri requested an explanation.
Ray Maurer, Director of Parks, stated in 2020 the City entered into an agreement with the
SmithGroup for the design and engineering of a four seasons building at the Lakeshore
Park which was included in the master plan. He explained the Advisory Parks Board gave
direction to include a facility that would accommodate a capacity of 120 to 150 individuals.
He stated the initial cost estimate came in higher than expected therefore the City scaled
back the capacity to 100 individuals in the assembly room. He explained the Board
reviewed the cost estimates on capacity of 150, 125, 100 and 75 individuals in the assembly
room and decided to move forward with the capacity of 125 individuals in the assembly
room and a building capacity of 150. He explained the cost increase was due to site work
and increased scope of the project.
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Mayor Palmeri asked for an explanation of the cost difference.
Mr. Maurer stated the projected cost for 100 individuals was $3,163,000.00; 125 individuals
was $3,440,000.00 and 150 individuals was $3,727,000.00.
Council Member Mugerauer stated he agreed with the increased capacity for the project.
Mayor Palmeri requested clarification of the funds for the project.
Mr. Rohloff stated the City had a street and utilities project that was approximately $2
million under budget. He explained the City would fund a portion, there would be
fundraising efforts and staff would prioritize projects at Rainbow Park to cover the cost of
the project.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 21-125 Amend Various Sections of Chapter 30 Zoning Ordinance to add
Transitional Residential Housing (Plan Commission Recommends
Approval)
MOTION: ADOPT (Mugerauer; second, Ford)
MOTION: AMEND 8 PERSONS TO 6 PERSONS IN SECTION 10 (Ford; second,
Mugerauer)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
VOTE ON ORDINANCE AS AMENDED
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Council Member Ford presented an amendment in Section 10 from 8 individuals to 6
individuals. He stated this was a zoning ordinance, the amendment made would match
the boarding house zoning code of 6 individuals.
Council Member Mugerauer questioned if the amendment was sufficient to make the
change to the entire document.
Ms. Lorenson stated yes.
Mayor Palmeri asked if the change would make it consistent with the zoning code.
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Mark Lyons, Planning Services Manager, stated it would make it consistent with the
rooming house definition in the zoning code.
Ordinance 21-126 Designate the Intersection of Nevada Avenue & Grove Street as a Two
Way Stop
MOTION: ADOPT (Mugerauer; second, Erickson)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Ordinance 21-127 Create Ordinance to Regulate Ambulance & Medical Transport
Services
MOTION: ADOPT (Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Mike Stanley, Fire Chief, stated the ordinance would allow the City to be the primary
provider of emergency medical services, ambulance services for 911 calls and provide
continuity with equipment, training and medical services.
Ordinance 21-128 Create Ordinance to Require Face Coverings in Response to COVID-
19 Coronavirus Emergency Services
MOTION: ADOPT (Erickson; second, Krause)
MOTION: AMEND EFFECTIVE DATE TO APRIL 30, 2021 (Ford; second,
Erickson)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
VOTE ON ORDINANCE AS AMENDED
CARRIED: Ayes (4) Ford, Krause, Erickson, Mayor Palmeri
Noes (2) Allison-Aasby, Mugerauer
Mayor Palmeri requested clarification of the ordinance.
Ms. Lorenson stated the ordinance would go into effect only if there was no state or county
mandate.
Mayor Palmeri asked about Wisconsin State Statutes 323.
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Mr. Rohloff stated the State Statute allowed the City the authority to provide the ordinance.
Mayor Palmeri stated Council would need to decide on the timeframe to amend the
ordinance.
Council Member Krause suggested a 30-day timeframe.
Mr. Rohloff suggested providing a specific date rather than a number of days for the public
to understand the expiration date and suggested April 15, 2021 or May 1, 2021.
Council Member Krause questioned if the ordinance would into effect after the state
mandate expired.
Ms. Lorenson expressed she would not recommend beginning a 30-day mandate after the
State mandate.
Council Member Krause indicated other states had withdrawn their mandates and cities
had adopted mandates.
Mr. Rohloff stated the ordinance would be in place in the event the state mandate expired
or was withdrawn.
Mayor Palmeri asked for an update on the vaccines.
Mike Stanley, Fire Chief, stated Winnebago County continued to vaccinate residents.
Council Member Ford stated his support for May 1st, which was closer to 60-days to allow
the public to be aware.
Council Member Mugerauer stated he supported May 1, 2021.
Mr. Rohloff clarified staff recommended the expiration date/time of 11:59 p.m. on April 30,
2021.
Council Member Allison-Aasby asked for an explanation on the county numbers and how
many of those were from the City of Oshkosh.
Chief Stanley stated the numbers were approximately 50/50.
Mayor Palmeri asked for clarification on the numbers.
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Doug Gieryn, Director Winnebago County Health Officer, stated out of 206 cases, 50 cases
were City Oshkosh in the last two weeks.
Council Member Allison-Aasby stated her concern were the ordinance would only address
the City of Oshkosh and not surrounding communities.
Council Member Ford made a motion for the expiration date to be April 30, 2021.
Council Member Mugerauer questioned the amount of time Council had spent on the
ordinance when there was a state mandate in effect. He read County Board Chairman,
Shiloh Ramos’ statement “I don’t recommend this approach and the timing, first of all I
think its unnecessary at this time we have a Statewide mask mandate right now, if you
already have a mandate that is achieving the goal I question the reason for putting this in
place”. He stated his frustration that this topic was on the agenda with the anticipated
extension of the state mandate. He would not support the ordinance.
Council Member Ford stated he did support the ordinance.
Council Member Allison-Aasby stated her opposition to the ordinance.
Council Member Erickson stated her support for the ordinance.
Mayor Palmeri asked what the finish line looked like.
Mr. Gieyrn stated the finish line number was not available, estimates were about 60%-70%
and right now the County was at 11% vaccinated. He indicated there was no vaccine for
individuals under the age of 17. He explained there were rapid gains of 70% for individuals
of 65 to 74 years of age that were vaccinated. He stated the Health Department had just
expanded the allowance of the vaccine to the 1B Group.
Council Member Mugerauer stated there was no goal and if there was a goal it would
continue to move.
Ordinance 21-129 Approve Zone Change from Urban Mixed Use District with a
University Transition Overlay (UMU-UTO) to Institutional District
with a University Transition Overlay (I-UTO) for Parcels West of 417
Algoma Boulevard (Plan Commission Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
Mayor Palmeri asked for an overview.
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Allen Davis, Director of Community Development, stated the zoning was required for the
four lots located to the west of the current Salvation Army parcel. He explained the lots
would be used for the expansion of the current Salvation Amy building and a parking lot.
Resolution 21-130 Approve Tax Increment District No. 40 Project Plan; Designate Tax
Increment District No. 40 Boundaries; Create Tax Increment District
No. 40 Miles Kimball Redevelopment (Plan Commission
Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Ford)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
Council Member Mugerauer stated his support of the project.
Council Member Allison-Aasby expressed gratitude to the applicants.
Mayor Palmeri stated she would support the resolution.
Resolution 21-131 Approve Economic Development Forgivable Loan Program;
$60,000.00 (Long Range Finance Committee Recommends Approval)
MOTION: ADOPT (Ford; second, Mugerauer)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl
Mayor Palmeri
Mayor Palmeri requested an overview.
Allen Davis, Director of Community Development, stated the City worked with the
Greater Oshkosh Economic Development Corporation (GO-EDC) and this resolution
would assist businesses by attracting and retaining high-paying employment within the
community.
Mayor Palmeri asked if the program would be ongoing.
Mr. Davis stated the program would be infrequent.
Council Member Ford stated GO-EDC would have a positive impact with this type of
program.
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Resolution 21-132 Creation of an Oshkosh Poet Laureate
MOTION: ADOPT (Krause; second, Erickson)
CARRIED: Ayes (5) Ford, Krause, Mugerauer, Erickson, Mayor Palmeri
Present (1) Allison-Aasby
Amy Albright, Executive Director at Oshkosh Convention and Visitors Bureau (CVB),
stated there was a marketability to having a poet laureate and the position would be a
point of pride for the City. She stated the library had done a poetry program that allowed
the City to provide workshops and created a space for the arts. She explained CVB would
assist with marketing the Oshkosh Poet Laureate to the community.
Council Member Ford asked if the poet laureate would be an Oshkosh resident and would
the position be open to children.
Mayor Palmeri stated library staff and CVB would like to seek out Oshkosh residents. She
explained the applicant would be an ambassador for poetry in the community within
schools, public gatherings and promote youth literacy. She stated the Library Board would
decide on the specific requirements and longevity of the position.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
Mr. Rohloff reviewed the topics that would be discussed with local legislatures.
Mayor Palmeri stated other cities had a bulk pick up process and wanted Council to
discuss.
Council Member Krause stated he would support stickers that could be included with
taxes.
Council Member Ford questioned if the City had the capacity to add the service.
Mr. Rohloff stated the City eliminated the program and currently only had 2-3 rear loader
garbage trucks which would not be enough to support the City in this capacity. He stated
he would lean towards contracting out the service for a one time a year pickup.
Mayor Palmeri asked for the cost to contract for an annual or semi-annual pickup.
Mr. Rohloff stated he did not have that answer at this time.
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James Rabe, Director of Public Works, stated he did not currently have an estimate for the
cost of the pickup.
Council Member Mugerauer questioned what problem the Mayor was trying to fix.
Mayor Palmeri stated citizens were placing items outside with no way to remove.
Council Member Mugerauer stated items could be placed on the terrace and it would be
picked up. He explained that residents could prepay at City Hall for the pickup or a bill
would be sent with an administrative fee.
Mayor Palmeri asked for clarification on the process.
Mr. Rabe explained an item left on the terrace would be picked up by the sanitization
department within two days. He stated if the item received a pink tag on the scheduled
garage day the supervisor would make sure the items were picked up and an
administrative fee would be added to the bill that was mailed to the property owner.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Report of Council Liaison for Boards & Commissions
Council Member Erickson reported on the following:
Rental Housing Advisory Board
Approved 2021 Strategic and Action Plan
Council Member Krause reported on the following:
Traffic & Parking Advisory Board
Reviewed crash history 2020 vs 2019
Upcoming Road Construction starting April 12, 2021
Council Member Ford reported on the following:
Plan Commission
Received Plan Commission Manuals
Mayor Palmeri reported on the following:
Advisory Parks Board
Lakeshore Park Updates
Discussed Creating a Rack for Kayak/Dinghy Rental – Miller’s Bay
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CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff informed the Council of the Amended Professional Service Agreement with
MSA Professional Services, Inc. for William Waters Plaza Structure Design (+$24,300.00)
Mr. Rohloff encouraged residents that qualified to sign up to receive the COVID-19
vaccine.
MOTION: ADJOURN (Mugerauer; second, Allison-Aasby)
CARRIED: Ayes (6) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor
Palmeri
The meeting adjourned at 7:50 p.m.
PAMELA R. UBRIG
CITY CLERK