HomeMy WebLinkAbout04. Common Council Minutes
PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
NOVEMBER 23, 2021
REGULAR MEETING held Tuesday, November 23, 2021 at 6:00 p.m. in the Council
Chambers, City Hall.
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Courtney Hansen, Bill Miller, Lynnsey
Erickson, Michael Ford and Mayor Lori Palmeri
EXCUSED: Council Member Aaron Wojciechowski,
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson,
City Attorney, and Russ Van Gompel, Director of Finance
Deputy Mayor Mugerauer read the Invocation.
The Pledge of Allegiance was led by Deputy Mayor Mugerauer.
INTRODUCTION OF STAFF
James Rabe, Director of Public Works, welcomed Justin Groeschel as the new field
operations manager and shared his professional experience.
Justin Groeschel, Field Operations Manager, stated that he looked forward to serving the
community.
CITIZEN STATEMENTS
There were no citizen statements to Council.
PUBLIC HEARING
Resolution 21-560 Approve Final Resolution for Partial Right-of-Way Vacation of the
West Side of South Main Street between West 8th & West 9th Avenues
(Plan Commission Recommends Approval)
MOTION: ADOPT (Mugerauer; second, Erickson)
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CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
PUBLIC COMMENTS ON AGENDA ITEMS
There were no citizen statements to Council.
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of Revised Oshkosh Public Library Minutes from October 7, 2021.
Receipt & Filing of the Common Council Minutes from November 9, 2021.
Receipt of Claim filed with the City’s Insurance Company:
A) WPS for alleged damaged to gas regulator during building demolition at 1004 S.
Main Street
Resolution 21-561 Approve Purchase of 2022 iasWorld Software as a Service (SaaS) to
Tyler Technologies, Inc. for IT Division ($113,885.00)
Resolution 21-562 Approve Purchase of Apex Officer Training Simulator to Govred
Technology, Inc. for Oshkosh Police Department ($62,500.00)
Dean Smith, Chief of Police, explained the virtual training simulator would allow the
police department to provide hundreds of scenarios with virtual reality. He stated the
funding was provided by private donors.
Deputy Mayor Mugerauer thanked the donors.
Resolution 21-563 Award Bid to Various Vendors for Chemicals for the Water Filtration
/ Wastewater Treatment Plants for 2022 (Various Amounts)
Resolution 21-564 Approve CIP Budget Amendment & Change Order No. 1 for Public
Works Contract No. 21-03 Oregon Street & Fond du Lac Road
Sanitary Interceptor Sewer Construction / Advance Construction, Inc.
(+$324,034.50)
Resolution 21-565 Approve Agreement for Assistance with Performance & Management
of a Potable Water System Backflow Control Program / HydroCorp,
Inc. ($148,488.00)
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Resolution 21-566 Approve Amendment to Contractor Agreement with Badger
Laboratories & Engineering, Inc. for Industrial Wastewater Sampling
& Analysis Services ($48,224.00)
Resolution 21-567 Approve Agreement between the City of Oshkosh & Area Townships
to provide Ambulance Service (2022-2026)
Resolution 21-568 Approve Budget Amendment & Fund Transfer; Approve Spot Blight
Designation; Authorize Redevelopment Authority to Acquire; 1203
South Main Street ($36,000.00)
Resolution 21-569 Authorize the Filing by Go Transit of 2022 FTA & WisDOT Operating
& Capital Assistance Grants as well as County Transportation
Assistance
Resolution 21-570 Approve Street Right-of-Way Dedication for a Cul-De-Sac at the
Western Terminus of Wilson Avenue (Plan Commission
Recommends Approval)
Resolution 21-571 Approve 2022 Across the Board Market Increase for Non-Represented
Employees
Resolution 21-572 Approve Special Event – Special Olympics Wisconsin to utilize
Menominee Park & Millers Bay for the Polar Plunge / February
11 & 12, 2022
Resolution 21-573 Approve Special Event – Oshkosh Yacht Club to utilize Menominee
Park Millers Bay & boat launch parking lot for the Oshkosh Yacht
Club’s Extreme Regatta / July 18 & 19, 2022
Resolution 21-574 Approve Special Event – Oshkosh Yacht Club to utilize Menominee
Park Millers Bay & boat launch parking lot for the ILYA M15
Championship Regatta / August 4 – 7, 2022
Resolution 21-575 Approve Special Event – Anglers Insight Marketing (AIM) to utilize
Menominee Park & Millers Bay for the AIM Weekend Walleye Series
/ August 12 & 13, 2022
Resolution 21-576 Disallowance of Claim by Susan Paremski
Resolution 21-577 Approve Combination “Class B” License, Agent Change for
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Combination “Class A” License, Special Class “B” Licenses &
Operator Licenses
MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Ford)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 21-578 Adopt Parking Lot Maps & Associated Regulations in the Recently
Reconstructed 8th, 9th & 10th Avenue Parking Lots
FIRST READING: LAID OVER UNDER THE RULES
Mayor Palmeri asked for a summary.
Ms. Lorenson stated the parking lots were reconstruction which changed the parking lot
configuration. She explained the ordinance would bring the maps up to date.
Ordinance 21-579 Approve Zone Change from Institutional District (I) & Single Family
Residential – 5 District (SR-5) to Institutional District with a Planned
Development Overlay (I-PD) for Property Located at 805 Witzel
Avenue (Plan Commission Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
Ordinance 21-580 Approve Zone Change from Institutional District (I) and Single
Family Residential – 9 District (SR-9) to Institutional District with a
Planned Development Overlay (I-PD) for Property Located at the
Southeast Corner of Jackson Street and West Nevada Avenue (Plan
Commission Recommends Approval)
FIRST READING: LAID OVER UNDER THE RULES
Mayor Palmeri asked for a description of the change.
Brain Slusarek, Planner, explained the change would give consistent zoning to the new site
for the middle school. He stated the two parcels were owned and zoned for the school
district and the five parcels were residential zoned. He explained the planned development
overlay would allow for flexibility as well as meet the needs of the site.
Council Member Miller asked if the City had provided notice to the neighbors.
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Jim Fox, Oshkosh Area School District, stated citizens had attended community meetings
and also attended the Plan Commission meeting to provide comments.
Mayor Palmeri asked if there was input during the meetings.
Mr. Fox explained there had been input from the community.
Council Member Ford shared there was one citizen who was not happy with the project
due to the location.
Mayor Palmeri asked about the oak tree that faced Jackson Street.
Nate Considine, Architect, Bray Architects, explained due to the size of the building the
tree would be removed and a large amount of tree would be added to the site after
construction.
Ordinance 21-581 Approve Zone Change from Institutional District (I) to Single Family
Residential – 5 (SR-5) for Property Located at 330-338 North Eagle
Street (Plan Commission Recommends Approval)
MOTION: ADOPT (Erickson; second, Mugerauer)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
Resolution 21-582 Establish Permit Fees for Work in Right-of-Way Permits
MOTION: ADOPT (Mugerauer; second, Erickson)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
Deputy Mayor Mugerauer asked for clarification if the permit would cover the cost of the
position and that citizens were not charged twice.
Justin Gierach, Engineering Manager, explained every permit would have a $15.00 base
fee which allowed staff to administer the permit and conduct an inspection if needed.
Council Member Miller asked if the revenue would allow for the self-funded position.
Mr. Gierach stated based on the analysis of prior years, he was confident in the revenue to
fund the position.
Resolution 21-583 Appropriate American Rescue Plan Act (ARPA) Funds for Specific
Infrastructure Projects
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MOTION: ADOPT (Ford; second, Miller)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
Council Member Ford asked if the projects funded from ARPA funds were out the of the
75% infrastructure portion. He stated the projects funded were essential services without
adding burden to the tax payers.
Mr. Van Gompel confirmed the projects were from the infrastructure portion.
Mayor Palmeri asked for the rational on repaying the Oshkosh Area Community
Foundation for the improvement made to the convention center.
Mr. Van Gompel, explained that the Oshkosh Convention & Visitors Bureau (CVB) had
been repaying the debt for the convention center improvement with room tax proceeds.
He stated the $900,000 would go back to the Oshkosh Community Foundation to fulfill the
City’s obligation.
Deputy Mayor Mugerauer stated the ARPA funds were to recuperate direct loss and the
repayment would allow the foundation to use their funds for improvements to the
community.
Mr. Van Gompel stated the City had four different opportunities to use the funds and one
was loss revenue. He explained the proposed expenditures fell within the parameters.
Mr. Rohloff stated the City had lost $10 million in room tax and explained that the CVB
had no obligation to repay the debt.
Council Member Miller explained the City should have paid the funds back and the
funding would go back into the community.
Resolution 21-584 Approve Purchase of Portable Radios from Motorola Solutions Inc. for
Police & Fire Department ($1,761,437.70)
MOTION: ADOPT (Mugerauer; second, Miller)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Deputy Mayor Mugerauer explained there was a closed session scheduled on Tuesday,
December 14, 2021 after the regularly scheduled Council meeting to discuss the City
Manager’s review.
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Mayor Palmeri mentioned the facilities planning workshop was scheduled for December
14, 2021 at 5:00 p.m.
Council Member Hansen mentioned the recent emails regarding the Clearwell project.
Mr. Rohloff explained the City had distributed information to citizens and recommended
to bring the topic back to Council.
Council Member Ford asked if there would be cost estimates before decisions were made.
Mr. Rohloff confirmed yes and various estimates of options would be reviewed which
would be brought to Council for approval.
Council Member Ford asked if the public would have access to the options and Council
would discuss the options.
Mr. Rohloff stated yes.
Mayor Palmeri asked about the street closure.
Mr. Rohloff explained the topic could be addressed.
Council Member Erickson mentioned that citizens had asked about moving the tanks to a
new location.
Mr. Rohloff stated the information was in the frequently asked questions and he
encouraged citizens to review that information.
Mayor Palmeri asked to add the topic to the agenda.
Mr. Rohloff suggested to add the topic after the holidays.
Council Member Ford asked for clarification that no decision had been made on the topic.
Mr. Rohloff confirmed no decision had been made.
Mr. Rohloff stated staff had provided a memo regarding the Lakeshore Park Four Seasons
Building price of steel increase with potential options. He explained the bid came in at $3.8
million and the company had made a clerical error and the City rejected the bid. He stated
the next bid was priced at $4.4 million which was more than the original budget. He
mentioned if Council wanted to rebid the project, to wait a year to move forward.
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Deputy Mayor Mugerauer asked if there was anything that could move the project forward
with the funding that was approved.
Ray Maurer, Director of Parks, explained staff had worked with the Smith Group to do
value engineering and there were several items that could be done however the items
would only be $20,000.00.
Council Member Miller asked about the time and financial commitment that had been put
into the project.
Mr. Maurer explained around $270,000.00.
Council Member Miller expressed his support to move forward with the project.
Mr. Maurer explained the City had moved forward with the Smith Group to discuss
possible cost savings.
Council Member Ford stated the City had made a promise to the community and he stated
his support to move forward.
Mayor Palmeri expressed how disappointing the situation was and questioned if the
structure was a need. She stated her concerns for the parks facility construction budget as
well.
Deputy Mayor Mugerauer stated his concerns with approval of this project and the
upcoming parks facility project regarding material cost. He expressed his support for both
projects however he would choose the parks facility over the four seasons building.
Council Member Ford asked if the bid had a mistake.
Mr. Maurer stated the bid was withdrawn due to omitted budgeted items and
miscalculated that changed the bid.
Council Member Mugerauer asked if the cost of the project was higher than anticipated.
Mr. Maurer confirmed that was correct.
Council Member Ford asked how the project would impact the various funding options.
Mr. Rohloff explained staff had reviewed borrowing $1.5 million.
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Mr. Van Gompel stated the direct implications on the $1.5 million in debt would cost about
$92,000 per year. He explained a .03 increase on the mill rate for the next 20 years. He
mentioned another option would be to move funding from a previously approved project.
Deputy Mayor asked if the Menomonee Park Road was approved.
Mr. Van Gompel confirmed it was and the amount was one million dollars.
Deputy Mayor Mugerauer suggested to reallocate the funding from the road to the four
seasoning building.
Mr. Maurer expressed that he understood; however, the road did need to be reconstructed.
Mayor Palmeri stated she did not support the reallocation of projects and asked about
other what options. She asked if Council would like to move forward with the four
season’s project.
Mr. Van Gompel explained staff could compile and discuss the list before provided to
Council.
Mayor Palmeri asked if the road could be divided back out to $500,000 for 2 years.
Mr. Van Gompel stated the project could be divided.
Mr. Rohloff explained the bids for the four season’s room were opened on November 9,
2021 and would need to be awarded by January 9, 2022. He mentioned that staff would
need Council’s direction at the December 14, 2021 meeting. He stated the reserves would
be an additional option that staff could review.
Council Member Miller stated he would like to keep the debt at $20 million.
Council Member Ford explained he supported moving forward and stated he did not agree
with going above $20 million.
Mr. Rohloff stated staff would present detailed information to Council.
Mr. Van Gompel stated that he did not recommend the use of spending reserves.
Mayor Palmeri asked what the timeframe was on the bids for the parks building.
Mr. Maurer explained the architects were reducing the contingency funds for the parking
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building project and stated the building had pushed the limit of the budget based on
material costs.
Deputy Mayor Mugerauer asked if there was an Advisory Parks Board meeting in
December.
Mr. Maurer stated staff was waiting to schedule the meeting.
Deputy Mayor Mugerauer suggested to add the topic to the agenda and stated he would
be interested in options without increasing the debt.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
There were no reports on the Boards & Commission from Council.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff explained the State of Wisconsin cooperative purchase of 2022 computers
($74,494.28).
Mr. Rohloff provided Council with the outstanding issues.
Mayor Palmeri asked about the status of the special assessment process.
Mr. Rohloff confirmed the next step was anticipated within the first quarter of 2022.
Mayor Palmeri mentioned a citizen had asked about the retroactive component of the
process.
Mr. Rohloff explained the COVID-19 update was that City Hall would continue to require
masking through December due to the increase of cases. He encouraged citizens to receive
vaccinations and continue to wear masks.
Council Member Miller asked about the Day by Day vaccinations.
Mr. Rohloff stated 40-50% of the clients had COVID-19 within days and were housed in
hotels.
Council Member Miller asked what the difference was.
Mr. Rohloff explained the hotel allowed for isolation.
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Council Member Miller asked if the clients had been vaccinated.
Mayor Palmeri mentioned a request for a vaccination pop up at the shelter.
Mr. Rohloff stated 80% of the positive cases were unvaccinated.
MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS PURSUANT TO
SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO
DISCUSS THE PERFORMANCE EVALUATION AND
COMPENSATION REGARDING THE CITY MANAGER AN
EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS
JURISDICTION AND EXERCISES RESPONSIBILITY (Mugerauer;
second, Ford)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
MOTION: SUSPEND THE RULES TO ALLOW COUNCIL MEMBER TO
ATTEND THE CLOSED SESSION VIRTUALLY (Mugerauer; second,
Erickson)
CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Erickson, Ford, Mayor Palmeri
MOTION: ADJOURN (Mugerauer; second, Hansen)
CARRIED: VOICE VOTE
The meeting adjourned at 7:07 p.m.
PAMELA R. UBRIG
CITY CLERK