HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
JULY 12, 2022
REGULAR MEETING held Tuesday, July 12, 2022 at 6:00 p.m. in the Council Chambers,
City Hall.
Mayor Palmeri presided.
PRESENT: Council Members Courtney Hansen, Aaron Wojciechowski, Lynnsey
Erickson, Michael Ford, Matt Mugerauer and Mayor Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Amy
VandenHogen, Assistant City Attorney; and Kelly Nieforth, Director of Community
Development
NOTE: Council Member Miller arrived at 6:31 p.m.
INTRODUCTION OF STAFF
Drew Jaeger, Battalion Chief/Fire Department, who has been within the Oshkosh Fire
Department for 23 years. He expressed his appreciation for the City and that he looked
forward to serving the community.
Jason Shikoski, Battalion Chief/Fire Department, stated he had been a member of the
Oshkosh Fire Department since 1997 and expressed the honor to represent the City of
Oshkosh.
PUBLIC HEARING
Resolution 22-277 Approve Submittal of 2022 Community Development Block Grant
Annual Action Plan (Plan Commission Recommends Approval)
MOTION: ADOPT (Hansen; second, Ford)
CARRIED: Ayes (6) Hansen, Wojciechowski, Erickson, Ford, Mugerauer and
Mayor Palmeri
Mayor Palmeri asked about the funds for fair housing.
Ms. Neiforth explained that the amount $19,000 would go to Milwaukee Fair Housing
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Council and the $100,000 was used to administer the program.
Mayor Palmeri asked how a citizen would submit a complaint regarding fair housing.
Ms. Nieforth explained various community organizations as well as the City of Oshkosh
website are available to assist with residents who might have a complaint.
Mayor Palmeri asked about the contact with the Neighborhood Associations regarding
CDBG funds.
Ms. Nieforth stated that the City did work with GO-HNI to help the City spread the word
of the action plan as well as public meetings to gather public input. She explained the City
had been looking for ways to partner with organizations to assist with funding.
CITIZEN STATEMENTS
James Nichols, 813 Grove Street, expressed concern regarding climate change and stated
he would like the City to use any unused park space/land to create an agroforest. He
mentioned the homeless population would be able to maintain the land.
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director.
Receipt & Filing of the Common Council Minutes from June 28, 2022.
Resolution 22-278 Approve Purchase of Road Salt for Winter 2022-2023 for the
Department of Public Works through WDOT from Compass Minerals
($354,862.20).
Resolution 22-279 Award Bid to Lincoln Contractor Supply for 6” Auto Priming
Towable Water Pump for Storm Water Utility ($44,891.88).
Resolution 22-280 Approve Budget Transfer ($325,000.00); Award Bid to Treeo’s Tree
Service Inc. for Ash Tree Removal for Forestry Division ($226,337.00)
and Direct Transfer to Taking Root Fund at Oshkosh Area
Community Foundation ($98,663.00).
Resolution 22-281 Accept Sidewalk and Electric Easement at the Northeasterly Corner of
High Avenue and Vine Avenue (1020 Vine Avenue) (Plan
Commission Recommends Approval).
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Resolution 22-282 Accept Sidewalk and Electric Easement at the Southeasterly Corner of
High Avenue and Vine Avenue (1010 Woodland Avenue) (Plan
Commission Recommends Approval).
Resolution 22-283 Accept Sidewalk and Electric Easement at the Southwesterly Corner
of Algoma Boulevard and Wisconsin Street (625 Algoma Boulevard)
(Plan Commission Recommends Approval).
Resolution 22-284 Accept Pond Maintenance Easement, Storm Sewer Easement, and
Storm Sewer/Drainage Easement at 3855 South Washburn Street
(Camping World) (Plan Commission Recommends Approval).
Resolution 22-285 Accept Storm Drainage Easement at the West 3700 Block of South
Washburn Street (Plan Commission Recommends Approval).
Resolution 22-286 Approve Street Right of Way Dedications for the Widening and
Easterly Extension of East 9th Avenue and the Widening of the East
Side of South Main Street between East 8th and 9th Avenues (Plan
Commission Recommends Approval).
Resolution 22-287 Approve Conditional Use Permit to Establish a Restaurant Land
Use at 1675 Oregon Street (Plan Commission Recommends
Approval).
Resolution 22-288 Approve Conditional Use Permit for Outdoor Commercial
Entertainment at 309 and 313 Washington Avenue (Plan
Commission Recommends Approval).
Resolution 22-289 Approve Specific Implementation Plan Amendment for a Refuse
Enclosure at 240 West 9th Avenue (Plan Commission Recommends
Approval).
Resolution 22-290 Approve Initial Resolution for Special Assessments for Concrete
Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation),
Driveway Aprons, Sanitary Sewer Main and Laterals (New and
Relay), Water Main and Laterals (New and Relay), and Storm
Sewer Mains and Laterals (New and Relay) Relating to Contract
No. 22-02
A) 9th Avenue (100’ West of South Main Street to the Railroad
Tracks)
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B) South Main Street (100’ North of 9th Avenue to 100’ South of 9th
Avenue).
Resolution 22-291 Approve Special Event – WFCA All Star Football Games at JJ Keller
Field at Titan Stadium / July 15 & 16, 2022.
Resolution 22-292 Approve Special Event – Blades & Boards Axe Throwing to hold their
Title Town Throw Down in the parking lot of 2283 State Road 44 /
August 4, 2022.
Resolution 22-293 Approve Block Party – Teri Weyenberg to utilize W. Bent Avenue to
hold a neighborhood block party / July 16, 2022.
Resolution 22-294 Approve Block Party – Joseph & Carol Ferlo to utilize Devonshire
Drive to hold a neighborhood block party / July 22, 2022.
Resolution 22-295 Approve Block Party – Stephanie Wild to utilize Graceland Drive to
hold a neighborhood block party / August 2, 2022.
Resolution 22-296 Approve Block Party – Danielle Vlach to utilize Michigan Street to
hold a neighborhood block party / August 2, 2022.
Resolution 22-297 Approve Block Party – Brenda Pluchinsky to utilize Sandstone Court
to hold a neighborhood block party / August 2, 2022.
Resolution 22-298 Approve Block Party – Reni Lynch to utilize Menominee Drive to hold
a neighborhood block party / August 2, 2022.
Resolution 22-299 Approve Block Party – Amber Woller to utilize Eichstadt Road &
Christian Drive to hold a neighborhood block party / August 2, 2022.
Resolution 22-300 Approve Block Party – Ann Resop to utilize W. Bent Avenue to hold
a neighborhood block party / August 2, 2022.
Resolution 22-301 Approve Block Party – Krista Recha to utilize Northpoint Street to
hold a neighborhood block party / August 2, 2022.
Resolution 22-302 Approve Block Party – Barbara McClain to utilize Rugby Street to hold
a neighborhood block party / August 6, 2022.
Resolution 22-303 Approve Appointment to the Diversity, Equity, and Inclusion
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Committee.
Resolution 22-304 Disallowance of Claim by Nicole Sullivan.
Resolution 22-305 Disallowance of Claim by Kay Bahr.
Resolution 22-306 Approve Class “B” Fermented Malt & Class “C” Wine License, Special
Class “B” Licenses, & Operator Licenses.
MOTION: ADOPT CONSENT AGENDA (Wojciechowski; second, Erickson)
CARRIED: Ayes (6) Hansen, Wojciechowski, Erickson, Ford, Mugerauer and
Mayor Palmeri
Council Member Ford stated that citizen Tom Brown had sent an email regarding his
support for resolution 22-287 to approve conditional use permit to establish a restaurant
land use at 1675 Oregon Street (Plan Commission Recommends Approval).
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 22-307 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay
(SMU-PD) for Properties Located at 350-600 South Koeller Street (Plan
Commission Recommends Approval).
FIRST READING: LAID OVER UNDER THE RULES
Mayor Palmeri asked for a summary.
Mark Lyons, Planning Services Manager, stated non-conforming issues on the properties
prior to development.
Resolution 22-308 Approve Fee Schedule for Sewer Use Charges.
MOTION: ADOPT (Mugerauer; second, Hansen)
CARRIED: Ayes (6) Hansen, Wojciechowski, Erickson, Ford, Mugerauer and
Mayor Palmeri
Deputy Mayor Mugerauer asked about the services and agreements that the City provided
to the other entities or Municipalities.
John Cameron, Elhers, explained that the whole sale rates would follow an increase and it
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would be the same as the contracts.
Russ Van Gompel, Director of Finance, stated in the final analysis the consumption was
less than anticipated and the increase of operational costs were the reasons behind the
recommendation for a rate increase.
Mayor Palmeri asked if the 4.34% increase was an average per household.
Mr. Cameron confirmed that was an average for a single family household within the City.
Resolution 22-309 Approve Specific Implementation Plan for a Mixed Use Development
for the Properties Located on the East Side of South Main Street (Plan
Commission Recommends Approval).
MOTION: ADOPT (Mugerauer; second, Ford)
CARRIED: Ayes (6) Hansen, Wojciechowski, Erickson, Ford, Mugerauer and
Mayor Palmeri
Mayor Palmeri asked for a summary.
Ms. Nieforth explained the property was RDA property and in 2020 T-Wall became the
developer.
Mark Lyons, Planning Services Manager, stated this property was rezoned in March of
2022. He explained that there would be 3 phases for residential property which includes
gateway features such as roof sign, blade sign, public accessible amenities, restaurant with
views to the river.
Council Member Ford asked about the dog park and accessibility.
Mr. Lyons stated there would be a 1 acre dog park which would be open to the public.
Mayor Palmeri asked who would maintain the dog park.
Mr. Lyons confirmed the developer would maintain that area.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Council Member Wojciechowski expressed concern on how agenda items are reviewed by
committees/boards. He inquired about the process of requesting an item to be included on
the meeting agenda. He stated the Diversity, Equity and Inclusion (DEI) Committee did
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not have a chance to discuss the Designated Outdoor Refreshment Area (DORA) which
had been requested.
Council Member Ford asked to speak to the history of the policy.
Mr. Rohloff stated Council had previously approved the policy. He explained the DORA
topic had been requested to add to the agenda which was denied due to the Council not
having the opportunity to review. He stated there were two consecutive meetings where
the DEI Committee did not meet quorum, however, he did not have any issue with the
topic being discussed by DEI Committee. He explained the policy did apply to all
board/commission except the quasi-judicial boards/commissions.
Council Member Ford stated the process exists due to not having a process on how to add
items to the agenda.
Mayor Palmeri confirmed that the process was initiated to guide boards/commissions on
how to move agenda items through their committee/board to Council for approval. She
asked why the item had not been added to an agenda for the DEI Committee to review at
a later time and would the Council liaison be made aware of the request.
Mr. Rohloff stated that there was not a requirement for the Council liaison be a part of the
process.
Mayor Palmeri asked when the DEI Committee met prior to Council why the item was not
added the agenda.
Mr. Rohloff explained the initial denial was due to the Council not having discussed
however he was unaware of why it was not on a later agenda.
Council Member Wojciechowski stated the communication should improve and the policy
be followed to make the committee aware of requests.
Council Member Ford asked what the process would look like.
Mayor Palmeri explained the consideration to notify the liaison would receive notification
of request or denial from staff.
Mr. Rohloff stated that after the denial of it being added to the agenda and then not brought
back for request.
Council Member Wojciechowski asked how the requested item had been denied.
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John Fitzpatrick, Assistant City Manager/Director Administrative Services, explained that
the request to discuss DORA at the meeting was prior to the Council meeting and staff had
recommended if the committee would like to hear more they could attend or listen to the
Council meeting. He stated they could have brought the topic forward again or appealed
the decision.
Mayor Palmeri asked if it was up to the requestor to resubmit the request.
Mr. Fitzpatrick stated that was not required however they could have inquired what the
next step could have been.
Mayor Palmeri requested the process be reviewed by each board/commission.
Schedule for Consideration of Fee to Replace Special Assessments
Mr. Rohloff explained that staff had been working with R.A. Smith on the elements of the
utility fee to replace special assessments. He stated the report needed to be updated with
the best estimate for costs, which looked like $54.72 additionally per year. He explained
the trip generation was based on land use. He mentioned if Council had questions of the
legal nature staff would prefer to discuss in a closed session.
Mayor Palmeri asked what the timeframe would be to add this as an advisory referendum.
Ms. Balcom stated all the information would have to be submitted to the County Clerk
prior to the end of August.
Mr. Rohloff explained the deadline would be the August 23, 2022 Council Meeting.
Mayor Palmeri stated the format of the question and what the answer that prevails would
need to be defined.
Council Member Ford asked if there was a list of municipalities that had adopted the fee
to replace special assessments.
Mr. Rohloff confirmed that there was a list.
Council Member Ford asked about what the appeal process would look like.
Mr. Rohloff stated he could get that information.
James Rabe, Director of Public Works, mentioned that the Village of Pewaukee and City of
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Wisconsin Rapids had implemented a fee and various others are at different stages of the
process.
Council Member Miller stated the City did not want to be the guinea pig and asked to find
other solutions to lessen the burden for citizens.
Mayor Palmeri expressed her concern for trying to address the topic.
Deputy Mayor Mugerauer stated the topic had been on the radar over the last 4 years.
Council Member Ford explained that he would like to see the item moved forward and he
stated a closed session would be helpful to have more information and alternative options
such as a cap on the cost estimates.
Council Member Erickson stated her support to move forward with discussions and
options. She mentioned if the transit utility fee moves forward public input and education
will be key.
Council Member Ford explained the hope was to have options for the public be part of the
education efforts.
Mr. Rohloff stated there was a report to share with Council regarding options.
Council Member Ford explained he would like to have more options to point in the right
direction.
Mayor Palmeri stated the initial thought was to make housing more affordable and the
costs for special assessments had gone up exponentially. She mentioned the timing to
move forward seems correct.
Council Member Miller stated Council would like to solve the problem with the correct
avenue that would be sustainable and work for the majority of the citizens.
Mayor Palmeri asked what happens if a citizen did not pay the special assessment.
Mr. Rohloff explained when the first tax payment is made it is applied to the special
assessment and then the taxes become delinquent.
Ms. VandenHogen stated that if the taxes were delinquent for a time period the County
would foreclose on the property.
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Mayor Palmeri asked what percentage of the properties opted for the payment plan option.
Mr. Rabe stated the information had not been updated recently however it had been
reviewed by the finance department and averaged around 50%. He explained the options
were paid in full, paid in full on the first tax bill, 5 year, 10 year and 15 year plans.
Mr. Rohloff stated the fund had cash flow issues at one point, however the fund has
become solvent to allow the City to not borrow funding. He mentioned that he would
provide previous documentation for Council to review.
Mayor Palmeri asked if the documents included regarding forgiveness or amnesty for
those who were paying on their assessment or retroactive credit.
Mr. Rohloff stated there was very little within the document. He mentioned that Neenah
had done a waiver up to 5 years.
Mr. Rabe explained that Neenah was using a Special Assessment Replacement Fee.
Council Member Wojciechowski asked if Neenah was using the same type of fee that the
City was reviewing.
Mr. Rabe stated it was different methodology, however the same principle.
Council Member Wojciechowski asked if Neenah has had any legal issues.
Mr. Rohloff explained not that he knew of and he stated he would schedule a closed
session.
Mr. Rohloff asked if the closed session for City Manager Mid-Year Review would be
rescheduled to August 10, 2022.
Deputy Mayor Mugerauer stated it would be ok to push the review to the August 10, 2022
Council Meeting.
Mr. Rohloff stated the recommendations for ARPA allocations for non-infrastructure
purposes would be presented at the August 10, 2022 Council Meeting. He mentioned not
allocating the entire amount.
Mayor Palmeri asked about the Beach Building TIF performance.
Mr. Rohloff stated that it was performing, however if the land use were to change it
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expires.
Mr. Rohloff explained that the 2nd Budget Workshop was on August 30th, 2022.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Report of Council Liaison for Boards & Commissions
There were no reports on the Boards & Commissions from Council.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Mr. Rohloff stated the outstanding issues were provided within the Council packet.
Mayor Palmeri asked about the lifeline rates with the Clearwell Projects.
Mr. Rohloff stated the City was proceeding with the other part of the projects.
Mayor Palmeri asked about timing of the application submission.
Russ Van Gompel, Director of Finance, stated that Elhers had been working on the
application which would be coming up shortly.
Mr. Rohloff explained that the first Council Meeting in August would be moved to
Wednesday, August 10, 2022 due to the Partisan Primary Election.
MOTION: ADJOURN (Mugerauer; second, Miller)
CARRIED: VOICE VOTE
The meeting adjourned at 7:20 p.m.
JESSI L. BALCOM
CITY CLERK