HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
MARCH 8, 2022
REGULAR MEETING held Tuesday, March 8, 2022 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Palmeri presided.
PRESENT: Council Members Matt Mugerauer, Courtney Hansen, Lynnsey Erickson,
Michael Ford and Mayor Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson,
City Attorney, and Steve Gohde, Assistant Director of Public Works
Council Member Aaron Wojciechowski arrived at 6:19 p.m.
Council Member Bill Miller arrived at 6:57 p.m.
INTRODUCTION OF STAFF
Dean Smith, Police Chief introduced Officer Scott Sopata, Behavior Health Officer and
Magic, Police Therapy Dog. He described services that Magic and Officer Sopata have
provided to the community. He thanked the Oshkosh Area Community Foundation for
the funding and Council for providing funding during the budget process.
Deputy Mayor Mugerauer thanked the Oshkosh Area Community Foundation for their
continued support and he praised the work of the officers and Magic.
RECOGNITION
Ray Maurer, Director of Parks, congratulated Chad Dallman, Assistant Parks Director,
who had received the Wisconsin Park and Recreation Association Professional Award of
Merit.
Mr. Dallman thanked Council for the recognition and the opportunity to provide
benefits/services to the community.
PRESENTATION
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Marty Shukert, RDG Planning & Design, stated the housing needs assessment and strategy
plan study identified challenges through the survey taken by approximately 500 residents.
Kelly Nieforth, Community Development Director, mentioned the study would be on the
0Council agenda at the March 22, 2022 for adoption.
Mayor Palmeri inquired if the barriers of new housing was part of the demographical data
reviewed regarding young adults living at home.
Mr. Shukert stated that specific data was not available.
Ms. Nieforth asked if the data had included housing sizes.
Mr. Shukert stated in general the number of people per household had been declining
however it had begun reversing.
Council Member Ford stated he looked forward to seeing more information.
Ms. Nieforth stated potential workshops would be coming.
CITIZEN STATEMENTS
Patricia Diener, 1316 Broad Street, encouraged Council to increase the fines for not
maintaining properties. She shared her appreciation for the installation of a guardrail
located near the train tracks on Custer Avenue and Broad Street. She asked for more
handicap parking for events throughout the City.
Council Member Wojciechowski mentioned the Sustainability Advisory Board would be
reviewing the shoveling and salting ordinance which included the fines.
Chloe Wandschneider, 1609 Jackson Street, expressed her opposition to the Merrill school
project and recommended to pause the project.
PUBLIC HEARING
Resolution 22-91 Approve Submittal of 2022 Community Development Block Grant
Annual Action Plan WITHDRAWN BY STAFF
PUBLIC COMMENTS ON AGENDA ITEMS
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Resolution 22-101 Approve Conditional Use Permit for a Communication Tower at 0
Stillman Drive (Plan Commission Recommends Approval).
Scott Littell, 1026 S. 57th Street, asked Council to approve the conditional use permit for the
Communication Tower.
Bob Gagan, 231 S. Adams Street, Greenbay, Conway, Olejniczak and Jerry S.C., SBA
Structure LLC., explained SBA had a tower in close proximity to the potential new tower
and requested the denial of the application.
Paul Jonas, 790 N. Waters Street, Milwaukee, Michael Best & Friedrich, explained that
AT&T provided economic reasons for not continuing to be located on SBA’s
communication tower.
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of the Common Council Minutes from February 22, 2022.
Resolution 22-92 Approve Purchase of Sensus Water Meter Base Station from Core &
Main for Water Utility Division ($29,000.00).
Resolution 22-93 Award Bid to Riesterer and Schnell Inc. for Compact Tractor for the
Streets Division ($74,896.10).
Resolution 22-94 Award Bid to Capelle Brothers & Diedrich, Inc. for Hardscape &
Garden Wall Rehabilitation for Oshkosh Public Museum
($168,820.00).
Resolution 22-95 Approve Professional Services Agreement with Jacobs Engineering
Group, Inc. for Wastewater Treatment Plant Facility Plan & Tertiary
Treatment Design Report ($491,800.00).
Resolution 22-96 Approve & Submit Wisconsin Department of Natural Resources 2021
Storm Water Program Annual Report.
Resolution 22-97 Amend Initial Resolution for Special Assessment for Concrete
Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation),
Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay),
Water Main & Laterals (New & Relay), and Storm Sewer Mains &
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Laterals (New & Relay) Relating to Contract No. 22-13.
A) Witzel Avenue (100’ west of Wyldewood Drive to 500’ east of
North Westhaven Drive)
B) Maryden Road (Witzel Avenue to north end of the right-of-way)
Resolution 22-98 Approve Purchase of Manhole / Inlet Castings for Public Works
Department ($156,624.00).
Resolution 22-99 Approve CIP Amendment & Award Bid for Public Works Contract
No. 22-07 to Jossart Brothers, Inc. for Oregon Street Sanitary
interceptor Sewer Construction ($2,720,375.25).
Resolution 22-100 Approve Professional Services Agreement with Strand Associates,
Inc. for Engineering Design Services for Osborn Avenue
Rehabilitation ($95,000.00).
Deputy Mayor Mugerauer asked if the funding was guaranteed.
Mr. Gohde explained the funding was not guaranteed and he explained if they City would
receive the grant, 80% would cover the infrastructure.
Deputy Mayor Mugerauer asked if staff was previously aware of the needed repair.
Mr. Gohde stated that staff was aware of the street repair.
Resolution 22-101 Approve Conditional Use Permit for a Communication Tower at 0
Stillman Drive (Plan Commission Recommends Approval).
Resolution 22-102 Approve Conditional Use Permit for a Temporary Use Permit
Extension at 1301 Knapp Street (Plan Commission Recommends
Approval).
Resolution 22-103 Reject Bid for Community Development Contract No. 22-10 for
William Waters Plaza Gazebo Construction.
Mayor Palmeri asked if the neighboring developer assisted raising funds.
Kelly Nieforth, Community Development Director, explained that the funding did not
come from the developer although the neighboring developer might have assisted with
the first phase and the funds raised were from community members.
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Resolution 22-104 Approve Amendment to Financial Assistance for Smith School Low
Income Housing Redevelopment.
Council Member Ford questioned if the Smith School loan would be extended from 15 to
17 years.
Kelly Nieforth, Community Development Director, stated that was correct.
Council Member Ford inquired about the funding source.
Ms. Nieforth explained that the funding was provided through the Healthy Neighborhood
Program.
Council Member Ford confirmed that the funding was not coming from the operations
levy.
Ms. Nieforth stated that was correct, the funding was not provided by the levy.
Resolution 22-105 Rescind or Refund Real Estate & Personal Property Taxes
A) Hmong Service Center – 726 N. Main Street
B) Run Away Impressions – 1437 S. Washburn Street
Resolution 22-106 Approve Combination “Class A” License, Class “B” Fermented Malt
License & Agent Changes for Combination “Class A” Licenses.
MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 22-101
(Mugerauer; second, Wojciechowski)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Resolution 22-101 Approve Conditional Use Permit for a Communication Tower at 0
Stillman Drive (Plan Commission Recommends Approval).
MOTION: ADOPT (Ford; second, Erickson)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 22-107 Approve Zone Change from Riverfront Mixed Use District (RMU)
and Riverfront Mixed Use District – Riverfront Overlay (RMU-RFO)
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to Riverfront Mixed Use District with a Planned Development
Overlay (RMU-PD) for Properties Located on the East Side of South
Main Street (Plan Commission Recommends Approval).
FIRST READING: LAID OVER UNDER THE RULES
Mayor Palmeri asked for a summary.
Kelly Nieforth, Community Development Director, explained the development would
include 300 units with 20,000 square feet of commercial space along Main Street. She stated
staff had recommended adding the planned development overlay.
Ordinance 22-108 Approve Comprehensive Land Use Plan Amendment from General
Commercial to Light Density Residential for Property Located East of
the Eastern End of Farmington Avenue (Plan Commission
Recommends Approval).
MOTION: ADOPT (Erickson; second, Ford)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Ordinance 22-109 Approve Zone Change from Single Family Residential-5 (SR-5) to
Single Family Residential-9 (SR-9) for Property Located East of the
Eastern End of Farmington Avenue (Plan Commission Recommends
Approval) diarrhea
MOTION: ADOPT (Erickson; second, Ford)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Resolution 22-110 Direct Staff to Enter into Contract Amendment with Jacobs
Engineering Group, Inc. to Explore Possibility of Extending Existing
Underground Clearwells’ Service Life ($140,000.00)
MOTION: ADOPT (Mugerauer; second, Wojciechowski)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Mr. Rohloff stated information was provided to Council regarding cost comparison
analysis.
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Linda Mohr, Project Manager, Jacobs Engineering, explained the cost comparison analysis
provided to Council.
Council Member Miller asked for the formula of the net present value.
Ms. Mohr stated she could provide the calculations available for Council to review.
Deputy Mayor Mugerauer asked for the cost comparison sheet to be added to the website.
He shared his concern for the cost and the years of use.
Mayor Palmeri asked if the City would be able to review new potential technology or tank
styles.
Ms. Mohr stated there could potentially be new technology.
Council Member Ford stated his support for the contract amendment. He mentioned the
option was explored in 2014 when the Department of Natural Resources stated the option
was not possible.
Council Member Miller explained his support for the exploration of extending the existing
Clearwells.
Deputy Mayor Mugerauer expressed his support for the resolution.
Mayor Palmeri explained her support for Resolution 22-110.
Resolution 22-111 Approve the Revised Capital Improvement Planning Process Policy
& Capital Improvement Budget Policy
MOTION: ADOPT (Mugerauer; second, Ford)
CARRIED: Ayes (7) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Ford,
Mayor Palmeri
Deputy Mayor Mugerauer mentioned that the Long Range Finance Committee had
reviewed all of the financial policies which included updating them.
Russ Van Gompel, Finance Director, explained the changes included the documented
process.
Mayor Palmeri asked about the wording: Departments could consider requests from
Boards/Commission.
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Mr. Van Gompel explained that some departments did not report to a Board/Commission
and if input would come from the Board/Commission the process was identified within
the policy.
Council Member Ford thanked staff for the proactive work to updating the policies and
ensuring consistent policy driven budget procedures.
Mayor Palmeri suggested to consider criteria elevating census tracks and include
sustainability considerations.
Mr. Van Gompel explained those items were considered however the ranking process had
not changed but new criteria could be reviewed.
Kelly Nieforth, Community Development Director, explained the Sustainability Advisory
Board (SAB) had discussed ways to incorporate environmental justice practices and
policies within the City.
Mayor Palmeri asked if the public health and safety would be broad enough to include
these considerations.
Mr. Rohloff stated new criteria could be added.
Council Member Wojciechowski suggested a separate section be added to the Capital
Improvement Plan (CIP) instead of incorporating the criteria into an existing section.
Mr. Rohloff asked for specific language as to what was to be added.
Deputy Mayor Mugerauer suggested City Manager provide a memo of potential options
for adding criteria into the CIP.
Ms. Lorenson stated Council could approve the resolution and consider an amendment
when the environmental justice resolution was reviewed.
Council Member Wojciechowski stated he agreed to allow the SAB and Diversity, Equity
and Inclusion (DEI) Committee time to review.
Council Member Miller expressed his support to move forward.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Deputy Mayor Mugerauer recommended public comment on agenda items take place
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during the item within the meeting instead of at the beginning of the meeting.
Council Member Ford stated he supported public comment on agenda items per item.
Council Member Hansen agreed with comments on each agenda items.
Mayor Palmeri mentioned the following workshops: Facilities Study and March 22, 2022
at 5:00 p.m. for the Jackson/Oregon Bridge.
Mr. Rohloff explained the workshop on the next steps with the facilities study would be
scheduled once the fiscal analysis was completed.
Mayor Palmeri asked if the workshop on the Jackson/Oregon Bridge on March 22, 2022
would be held in person or virtually.
James Rabe, Director of Public Works, explained the March 22, 2022 would be held in-
person.
Mr. Rohloff reminded Council that the April 4, 2022 public input session would be held
virtually.
Mayor Palmeri asked if there was a deadline for public input.
Mr. Rabe explained there would be opportunity to provide feedback before and after the
meeting. He stated the Department of Transportation (DOT) would be recording the public
information as well as allowing Oshkosh Media to record the meeting.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Report of Council Liaison for Boards & Commissions
Mayor Palmeri stated there were several board and commission seats available and those
vacancies were listed on the website. She explained those interested should contact the
City Manager’s office.
Council Member Ford
Committee on Aging
Presentation on Election Administration
Council Member Wojciechowski
Sustainability Advisory Board
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Discussion on the Environmental Justice Resolution
Discussed the Oshkosh Energy Analysis
Reviewed the Salting Ordinance
Deputy Mayor Mugerauer
Long Range Finance Committee
Update provided by GO EDC
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff explained the professional services agreement with Strand Associates, Inc. for
Engineering Design Services for the South Koeller Street Rehabilitation ($75,000.00).
Mr. Rohloff mentioned the program was specifically for the Urban Highway Program
criteria and staff felt confident on funding. He explained the funding would come from
the savings from previous years and he thanked Public Works for finding funding.
Council Member Miller asked if the repair would happen post construction.
Mr. Gohde explained the plans would need to be sent to the Department of Transportation
(DOT) by August 2022 and the funds would be awarded within the 2022 calendar year and
the construction would begin in 2023.
James Rabe, Director of Public Works, mentioned the utility lines could be located within
the easement located behind the businesses.
Kelly Nieforth, Community Development Director, stated that staff had not yet received a
Specific Implementation Plan (SIP) application from the potential business. She mentioned
that staff would connect with the applicant to inform them of the street improvements.
Deputy Mayor Mugerauer expressed his concern for the potential new businesses with the
road closure due to construction.
Mr. Rohloff explained the COVID -19 numbers were improving. Mr. Rohloff explained
staff had reached out to various entities. He mentioned staff would be bringing a
Resolution to end the State of Emergency.
Mayor Palmeri asked about the mask restrictions on buses and transportation.
Mr. Rohloff stated the transportation mandate was regulated by the Federal Department
of Transportation which would be either extending or allowing the mandate to lapse
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before the next Council meeting. He explained he would provide an update at the March
22, 2022 Council meeting.
Mr. Rohloff explained he would add the Environmental Justice topic to the outstanding
issues until Council reviews.
Mayor Palmeri asked about lifeline rates.
Mr. Rohloff stated staff would proceed with the investment of ozone, liquid oxygen tanks
and generators and then a rate evaluation would be done.
Russ Van Gompel, Finance Directors, mentioned the ongoing data analysis would be
prepared to provide the data to the Public Service Commission.
Mr. Rohloff mentioned the Oshkosh Election polling places may have changed during the
redistricting process and the information could be found on myvote.wi.gov. He
encouraged Council to review the video regarding City Clerks provided from the League
of Municipalities.
MOTION: ADJOURN (Mugerauer; second, Wojciechowski)
CARRIED: VOICE VOTE
The meeting adjourned at 7:58 p.m.
JESSI L. BALCOM
CITY CLERK