HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST 24, 2021
REGULAR MEETING held Tuesday, August 24, 2021 at 6:00 p.m. at the Oshkosh
Convention Center.
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron
Wojciechowski, Lynnsey Erickson, Michael Ford and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney, and Kelly Nieforth, Director of Community Development
Deputy Mayor Mugerauer read the Invocation.
The Pledge of Allegiance was led by Deputy Mayor Mugerauer.
PRESENTATION
Pamela Ruder, Executive Director, Greater Oshkosh Healthy Neighborhoods Inc., shared
the mid-year report. She showcased the various programs and services provided to
Oshkosh citizens along with a nomination submitted for the Congress Field. She explained
during the May National Conference, Congress Field received 1st place in the Multi-
Neighborhood Project Partnership Division and was named National Neighborhood of the
Year.
Deputy Mayor Mugerauer congratulated the organization and neighborhood for the
national recognition.
PUBLIC HEARING
Resolution 21-409 Approve Final Resolution for Partial Right-of-Way Vacation of
Wilson Avenue East of Algoma Boulevard (Plan Commission
Recommends Approval)
MOTION: ADOPT (Mugerauer, second, Erickson)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021
CITIZEN STATEMENTS
There were no citizen statements.
PUBLIC COMMENT ON AGENDA ITEMS
Resolution 21-423 Approve Great Neighborhoods Capital Improvement Program
Funding for Sawyer-Paine Gazebo Design, Stevens Park Benches &
River East Riverside Park Gazebo Installation ($72,000.00)
Kathy Webb, 543 Otter Avenue, stated her support for the gazebo in River East Park.
Vicki Schorse, 1224 Algoma Boulevard, shared her support for the addition of the gazebo
project.
Emily Richeson, 1301 Algoma Boulevard, provided an overview of the gazebo project.
Ordinance 21-447 Amend Ordinance for Marijuana Possession Penalties – Adult
Tess Alvarez, 2061 Richards Avenue, stated her support to lower the marijuana fine from
$200.00 to $75.00.
TJ Hobbs, 136 High Avenue, stated her support to lower the marijuana fine from $200.00
to $1.00 and suggested the fine coincide with the confiscation of marijuana.
Cindy Kerwin, 130 Stoney Beach, Representative of Decriminalize Oshkosh, explained the
positive use of marijuana and stated her support to lower the marijuana fine.
Mayor Palmeri indicated Council had received a copy of an email from Niki Euhardy,
Policy & Equity Coordinator, Winnebago County Health Department, regarding the
marijuana fine. The email included a fact sheet.
Resolution 21-449 Approve 2022-2026 Capital Improvement Plan
Michelle Depa, 1883 Preserve Drive, expressed her concerns for no sidewalk or walking
path along 20th Avenue.
Allison Stromske, 1883 Preserve Drive, shared her experience running without a path or
sidewalk on 20th Avenue.
Darrell McGill, 1841 Preserve Drive, suggested a walking path be installed prior to 2023
PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 24, 2021
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and provided a map of the neighborhood to the City Clerk.
Council Member Ford asked if the intent was to have the project moved from 2023 to 2022
within the CIP.
Mr. McGill stated the funding was in the CIP for 2023 and he suggested to move it to 2022.
Resolution 21-450 Approve General Development Plan & Specific Implementation Plan
for Property Located on the South 1000 Block of West Smith Avenue
(Plan Commission Recommends Approval)
Jim Fochs, 1405 S. Main Street, Representative of the Oshkosh Area School District, stated
the update would allow the installation of lighting, netting and fencing. He explained the
field would become critical due to the loss of the overflow field on Jackson Street.
Mayor Palmeri asked if the plan included both netting and fencing.
Mr. Fochs stated there would be both netting and fencing; and he explained the net would
be a 30 foot net installed on either side of the turf field. He stated at the site where the
baseball field and the turf field meet there would be a 12 foot woven mesh fence with a 30
foot net.
Mayor Palmeri asked why both were needed.
John Kneer, President of Rettler Corporation, N2455 East Miner, Waupaca, explained the
fences were needed to set a boundary and to establish out of field play for the baseball
field. He stated the netting would catch homerun balls as well as soccer and footballs from
entering the adjacent space.
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of Oshkosh Public Museum Minutes from July 8, 2021.
Receipt & Filing of the Common Council Minutes from August 10, 2021.
Receipt of Claim filed with the City’s Insurance Company:
A) Patricia Friday for alleged damages from a sewer backup
B) Nathan Gruszynske for alleged damage to vehicle due to paint in the road on
Otter Avenue
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Resolution 21-410 Approve Revised Gifts & Donations Policy
Resolution 21-411 Approve Street Right of Way Dedication at the East 2700-2800 Blocks
of Vinland Street (Plan Commission Recommends Approval)
Resolution 21-412 Approve Street Right of Way Dedication at 2854 Fond du Lac
Road (Plan Commission Recommends Approval)
Resolution 21-413 Accept Storm Sewer Easement at 780 Fox Fire Drive (Plan
Commission Recommends Approval)
Resolution 21-414 Accept Storm Sewer Easement at 795 Fox Fire Drive (Plan
Commission Recommends Approval)
Resolution 21-415 Accept Sidewalk Easement at 1403 Jackson Street (Plan Commission
Recommends Approval)
Resolution 21-416 Accept Sidewalk Easement at 3087 Oregon Street (Plan Commission
Recommends Approval)
Resolution 21-417 Accept Storm Water Drainage Easement at 0 Witzel Avenue (Plan
Commission Recommends Approval)
Resolution 21-418 Grant Access Easement at 855 & 905 West 17th Avenue (Plan
Commission Recommends Approval)
Resolution 21-419 Approve Conditional Use Permit for an Outdoor Storage Use at 3010
Bradley Street (Plan Commission Recommends Approval)
Resolution 21-420 Approve Conditional Use Permit for a Neighborhood Sign at the
Southwest Corner of West Ripple Avenue & Aeroinnovate Way (Plan
Commission Recommends Approval)
Resolution 21-421 Approve Specific Implementation Plan for Modifications to the
Sunnyview Expo Center at 500 East County Road Y (Plan Commission
Recommends Approval)
Resolution 21-422 Approve Specific Implementation Plan for a Commercial
Development at the Southwest Corner of West South Park Avenue &
West 20th Avenue (Plan Commission Recommends Approval)
PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 24, 2021
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Resolution 21-423 Approve Great Neighborhoods Capital Improvement Program
Funding for Sawyer-Paine Gazebo Design, Stevens Park Benches &
River East Riverside Park Gazebo Installation ($72,000.00)
Resolution 21-424 Approve Change Order No. 2 for Public Works Contract No. 21-04
West 9th Avenue Reconstruction / Dorner, Inc. (+$63,633.00)
Resolution 21-425 Approve Purchase of Manhole / Inlet Castings for the Streets Division
of the Department of Public Works ($28,044.00)
Resolution 21-426 Approve Amendment to Professional Services Agreement with NES
Ecological Services for 2021 Storm Water Facility Native Planting
Maintenance ($10,796.00)
Resolution 21-427 Approve CIP Budget Amendment & Award Bid for Public Works
Contract No. 21-18 to Vinton Construction Company for Pioneer
Riverwalk Phase I ($1,303,207.70)
Resolution 21-428 Approve Professional Services Agreement with Speedy Clean Drain
& Sewer, Inc. for Sanitary & Storm Sewer Main & Lateral Televising
Services ($142,032.50)
Resolution 21-429 Approve Professional Services Agreement with ECS Midwest, LLC
for Subsurface Exploration & Geotechnical Engineering Evaluation
for the 2022 Capital Improvement Program ($78,751.50)
Resolution 21-430 Approve Labor Contract with Local 316 IAFF (International
Association of Fire Fighters) for Years 2021, 2022 & 2023
Resolution 21-431 Approve CIP Budget Amendment & Award Bid for Public Works
Contract No. 21-11 to Wood Sewer & Excavating for Sanitary Manhole
Rehabilitation / Inflow/Infiltration Reduction Program ($140,702.35)
Resolution 21-432 Approve Special Event – Winnebago County Labor Council to utilize
South Park for the Oshkosh City Wide Labor Day Picnic & Car Show
/ September 6, 2021
Resolution 21-433 Approve Special Event – Oshkosh Food Cooperative to host their
Grand Opening at the Brio Building parking lot (155 Jackson Street) /
September 9 – 11, 2021
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Resolution 21-434 Approve Special Event – Vietnam Veterans of America, Chapter 437
to utilize South Park War Monument for the POW MIA Remembrance
Ceremony / September 18, 2021
Resolution 21-435 Approve Special Event – Oshkosh Into the Night to utilize Opera
House Square & Market Street for the Oshkosh Into the Night event /
October 1, 2021 (rain date October 8, 2021)
Resolution 21-436 Approve Special Event – Oshkosh North Student Council to utilize
City streets for the Oshkosh North Homecoming Parade / October 1,
2021
Resolution 21-437 Approve Special Event – Labor of Love, Inc. d/b/a Bella Medical
Center to utilize City streets & South Park trail forthe Walk for Life
event / October 2, 2021
Resolution 21-438 Approve Special Event – Christine Ann Domestic Abuse Services,
Reach Counseling, & UW-Oshkosh to utilize City streets for the Take
Back the Night event / October 6, 2021
Resolution 21-439 Approve Block Party – Joseph Ferlo to utilize Devonshire Drive to
hold a neighborhood block party / September 11, 2021
Resolution 21-440 Approve Block Party – Becca Cherwin to utilize Montclair Road to
hold a neighborhood block party / September 25, 2021
Resolution 21-441 Approve Appointments to the following Boards & Commissions:
Bicycle & Pedestrian Advisory Committee
BID Board
Diversity, Equity & Inclusion Committee
Landmarks Commission
Long Range Finance Committee
Poet Laureate
Rental Housing Advisory Board
Resolution 21-442 Approve Combination “Class A” License & Special Class “B” Licenses
MOTION: ADOPT CONSENT AGENDA (Ford, second, Erickson)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
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Council Member Ford explained if the consent agenda was approved that meant the Great
Neighborhoods Capital Improvement Program Funding for the Sawyer-Paine Gazebo
Design, Stevens Park Benches and River East Riverside Park Gazebo Installation were
approved.
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 21-443 Approve Zone Change from Institutional District (I) to Institutional
District with a Planned Development Overlay (I-PD) for Property
Located on the South 1000 Block of West Smith Avenue (Plan
Commission Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Hansen)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Ordinance 21-444 Amend Landmarks Commission Ordinance to Correct Code
References
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 21-445 Amend Ordinance for Streets to Remain Open During Course of
Excavation Work to Authorize the Director of Public Works to
Approve Closures Necessary for Emergency Work or to Allow for
Safe Conditions for Workers
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 21-446 Amend Ordinance 25-104.2 to Provide an Administrative Process for
Variances for Unusual Conditions to be Granted from the City’s
Access Control Ordinance with Appeal to Plan Commission
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 21-447 Amend Ordinance for Marijuana Possession Penalties – Adult
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 21-448 Amend Building Ordinance to Correct Administrative Code Reference
FIRST READING: LAID OVER UNDER THE RULES
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Resolution 21-449 Approve 2022-2026 Capital Improvement Plan
MOTION: ADOPT (Mugerauer; second, Hansen)
MOTION: LAYOVER UNTIL SEPTEMBER 14, 2021 COUNCIL MEETING
(Mugerauer; second, Ford)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Council Member Ford explained the capital improvement program included updates to
City building maintenance and accessibility for all citizens, purchase of equipment and
vehicles for police and fire, road construction, construction of the parks department
building, updates to the water filtration system and park land improvements throughout
the City. He stated the funding information would be located on the City website for
citizens to view.
Deputy Mayor Mugerauer shared that the 2022 street repairs to Algoma Boulevard were
necessary with the amount of traffic that utilized the roadway. He suggested to layover
the resolution until the next Council Meeting on September 14, 2021 to allow Council time
to review the newly added improvements to make recommendations.
Council Member Ford asked if there would be an impact to the Capital Improvement Plan
implementation.
Deputy Mayor Mugerauer felt the Council agreed on the majority of the projects and there
was a portion that needed further discussion.
Russ Van Gompel, Director of Finance, explained there would be no impact with the delay
on the resolution approval.
Mr. Rohloff stated the purpose was to get the Plan Commission to recommend adoption
which happened and Council approval could be pushed out for two weeks without any
issues.
Resolution 21-450 Approve General Development Plan & Specific Implementation Plan
for Property Located on the South 1000 Block of West Smith Avenue
(Plan Commission Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Erickson)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 24, 2021
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Deputy Mayor Mugerauer stated his support for the improvements of the field.
Mayor Palmeri expressed her appreciation for the communities input. She questioned if
public notices were provided to the surrounding property owners.
Council Member Ford explained the public notices were sent.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
Mr. Rohloff asked Council if they wanted Council meetings to be virtual or in-person going
forward.
Mayor Palmeri suggested Council hold the meetings at the Convention Center with a
adjustment to the layout.
Mr. Rohloff explained it took staff half the day to prep and the venue had been a challenge
with technology.
Council Member Wojciechowski stated the next Diversity, Equity and Inclusion
Committee meeting would be held virtually.
Council Member Erickson explained the Transit Advisory Board would continue in-person
meetings and the Rental Housing Advisory Board meetings would continue virtually. She
expressed her support to hold Council Meetings in-person with the option for citizens to
participate virtually.
Council Member Ford stated the Plan Commission decided to meet virtually and agreed
the Council meetings be held in-person.
Deputy Mayor Mugerauer stated he would prefer to continue to meet in-person and
expressed his trust with the City Manager to change venues if necessary.
Council Member Hansen explained the Public Arts and Beautification Committee would
meet in-person and she expressed her preference for Council was to stay in-person.
Council Member Miller stated the Landmark Commission meetings would be in-person
and he preferred to continue in-person Council Meetings.
Mayor Palmeri asked if other municipalities were implementing virtual options.
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Ms. Lorenson explained some municipalities were researching virtual options for future
meetings as well as creating a policy.
Mr. Rohloff stated the City would continue Council meetings in-person along with the
mask requirement through October 1, 2021 and would evaluate the ongoing situation.
Mayor Palmeri stated the Council Retreat/Workshop would be held at August 31, 2021
from 12:00 p.m. to 4:00 p.m.
Mr. Rohloff stated the venue for the Council Retreat would be held at TJ’s Harbor
Restaurant.
Mayor Palmeri explained the 2nd Budget Workshop on August 31, 2021 at 5:00 p.m. was at
City Hall for Council to review 2022 projections and provide direction on priorities. She
stated the 3rd and 4th Budget Workshops on October 18 and 19, 2021 would be full day
workshops.
Mr. Rohloff stated a memo was provided to Council regarding Non-Renewal of License
Fees and that Ms. Ubrig was available if Council had questions.
Council Member Miller asked what the Clerk’s Office recommended.
Ms. Ubrig recommended to not provide a refund to the applicant due to the amount of
staff time to process each application.
Council Member Miller asked what the Clerk’s Office 2nd option was.
Ms. Ubrig explained the renewal fee was $450.00 if the paperwork was filed by April 15, if
filed after the 15th – the fee was $600.00. She felt the additional $150.00 fee should not be
refunded and suggested to refund half of the $450.00 license fee, a refunded amount of
$225.00.
Council Member Miller agreed with the refund amount.
Mayor Palmeri asked about the notice to applicants for the non-renewal process.
Ms. Ubrig explained during the renewal process the Clerk’s Office would provide
information to the businesses that had not used their license. She stated those instructions
would be sent on colored paper and bulleted direction on the process either if the business
wanted to move forward with a hearing or if the business did not want to renew their
license.
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Deputy Mayor Mugerauer stated he had received information from the Clerk’s Office to
make an informed decision. He asked for clarification if applicants submit paperwork and
if there was a red flag during the review by the Oshkosh Police Department the applicant
would receive a refund. He expressed staff time should be taken into consideration as well
as other processes within the City. He urged Council to make decisions fair across the
board.
Council Member Ford stated he agreed with the $225.00 refund amount and suggested
educating business owners of the process if they do not use the license.
Mr. Rohloff stated staff would issue refunds for the licenses that were a part of the non-
renewal process.
Mayor Palmeri thanked the City Clerk for providing thorough information.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Council Member Ford stated the presentation from the Convention & Visitors Bureau on
the Destination Assessment highlighted various updates within the City to attract visitors
and improve the quality of life for citizens. He suggested the City prioritize the
recommendations and add the topic to the outstanding issues list.
Mayor Palmeri stated her support to add the topic to the outstanding issues list.
Mr. Rohloff explained he would add the topic to the outstanding issues list and mentioned
that staff had been working with the Convention & Visitors Bureau to create a plan
regarding the recommendations.
Mayor Palmeri asked that the specific items added to outstanding issues be detailed.
Mr. Rohloff stated a report would be prepared on the projects from the assessment.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff welcomed Kelly Nieforth as the new Director of Community Development.
Mr. Rohloff informed Council of the professional services agreement with AECOM
Technical Services for environmental services for the capital improvement projects in the
amount of $29,000.00.
Mr. Rohloff stated the 2nd Quarter General Fund Revenue and Expenses were on track.
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Mayor Palmeri asked if there were topic on the outstanding issues list to highlight.
Mr. Rohloff explained the American Disabilities Act (ADA) Assessment would be
provided to Council for review in the near future along with the Facilities Study to address
the facility needs.
Mayor Palmeri asked if RA Smith would continue to receive information on special
assessments.
Mr. Rohloff explained RA Smith was working on estimates for residential cost and how to
project the business and multi-family costs. He stated the Council would need to authorize
RA Smith as a designated agent of the City to review utilities to create the estimated costs.
He explained the information would be provided to Council and a scheduled workshop
to discuss the estimates.
Mr. Rohloff stated there was no COVID-19 Update.
Mayor Palmeri asked if the sewer samples were trending upward.
James Rabe, Director of Public Works, stated he had not received an update however the
last report indicated an upward trend.
Mayor Palmeri explained Governor Evers had created an incentive program for
individuals who would receive their first vaccination dose between August 20 and
September 6, 2021. She stated more information could be found on the vaccines.gov
website.
MOTION: ADJOURN (Mugerauer; second, Hansen)
CARRIED: VOICE VOTE
The meeting adjourned at 7:30 p.m.
PAMELA R. UBRIG
CITY CLERK