HomeMy WebLinkAboutMinutes_01.23.2024CITY COUNCIL MINUTES
January 23, 2024
CALL TO ORDER 6:02 PM
ROLL CALL
Present:Matt Mugerauer, Mayor; Lynnsey Erickson; Joe Stephenson;
Karl Buelow; Paul Esslinger; Mike Ford; LaKeisha Haase
Staff
Present:
Mark Rohloff, City Manager; Lynn Lorenson, City Attorney;
Diane Bartlett, City Clerk
Attendees:Kelly Nieforth, Community Development Director
INTRODUCTION OF STAFF:
Jerry Fabisch, Chief Building Official in Inspection Services Division
Darryl Eschete, Library Director
PROCLAMATION - Transit Equity Day
Transportation Director Jim Collins accepted the proclamation and
expressed his appreciation for the recognition.
Deb Martin, 164 Wyldwood Dr, Oshkosh – Spoke on behalf of the Transit
Advisory Board, and appreciated the proclamation that was issued this
evening. She also noted that she was a part of the group that made the
change to student bussing and wanted to express her appreciation to our
transit drivers.
PRESENTATION:
Jenny Nikolai, Vice President of New Community Hospitals, and Ryan
Marks, Vice President for Facility Planning and Development with
ThedaCare gave a presentation regarding the proposed micro-hospital
health campus that is planned for the corner of Oregon Street and 6th
Avenue. Both individuals shared the progress and challenges
(contaminated water and soil) they are having at the site and are asking
for TIF assistance.
Council Member Esslinger asked how much it was going to cost to fix the
issues, and at what point did this all come to the surface?
Marks replied that it has been a complicated process with the DNR and
this has affected their construction plans, which then affects their budget
plan. They are looking at an increase of $4.5 million for the project.
Council Member Esslinger asked if, without TIF assistance, this project
cannot move forward?
Marks confirmed, "That is correct."
Council Member Buelow asked if something was missed in the pre-
planning phase, or will more contamination testing be required for future
projects.
Marks replied that they were aware of some issues looking at the surface
data, and they knew what the history was, but as the soil boring went
deeper, and soil analysis was conducted, the problems became bigger
than anybody anticipated.
CITIZEN STATEMENTS TO COUNCIL - None
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director, January 5, 2024
Receipt & Filing of Minutes - Common Council Meetings
Regular Meeting - 12.12.23
Closed Session - 12.12.23
Regular Meeting - 01.09.24
Receipt & Filing of Minutes - Museum, Arts, and Culture Board Meeting
12.13.2023
Res 24-19 Consideration of Initial Resolution Regarding Taxable Industrial
Development Revenue Bond Financing for 1508 Koeller Oshkosh LLC,
Project Located at 1530 South Koeller Street. Information with respect to
the job impact of the project will be available at the time of consideration
of the Initial Resolution.
Res 24-20 Approve Budget Amendment to Use Financial Gifts Received by Oshkosh
Public Museum
Res 24-21 Approve CIP Amendment and Award Bid for Public Works Contract No.
24-06 to Jim Fischer, Inc. for Concrete Sidewalk (New and Rehabilitation)
($1,567,645.50)
Res 24-22 Approve Amendment No. 1 to Professional Services Agreement with
Jacobs Engineering Group, Inc. (Jacobs) for 2023 Water Utility Technical
Services (+$50,000)
Res 24-23 Approve Labor Contract with Oshkosh Police Supervisors Association for
Years 2024, 2025, and 2026
Res 24-24 Approve Setting Public Hearing Date for Right-of-Way Vacation of Ivy
Place and Public Alley Located between North Main Street and Division
Street, South of Church Avenue (Plan Commission Recommends
Approval)
Res 24-25 Approve Conditional Use Permit for a Personal Storage Facility Located at
255 East Snell Road (Plan Commission Recommends Approval)
Res 24-26 Approve Conditional Use Permit for a Concrete Batch Plant Located at
3010 Bradley Street (Plan Commission Recommends Approval)
Res 24-27 Award Bid to Kaschak Roofing Inc. for Roof Replacement for Oshkosh
Public Library ($197,900.00)
Res 24-28 Approve Special Event - Otter Street Fishing Club to Utilize Menominee
Park & Miller's Bay for the Otter Street Winter Fisheree, February 3, 2024
Res 24-29 Approve Special Event - Battle On Bago Foundation Inc. to Utilize
Menominee Park, Miller's Bay, Park Trails, and City Streets for the Battle on
Bago Event, February 16 & 17, 2024
Res 24-30 Approve Special Event - Father Carr's Place 2 Be to Host the CaRRnival for
Kids in Father Carr's Parking Lot, 1062 N Koeller, June 1, 2024
Res 24-31 Approve Special Event - Otter Street Fishing Club to Utilize Menominee
Park, Miller's Bay, Gazebo Area, and Cruiser Docks for the Otter Street
Walleye Tournament, June 14 - 16, 2024
Res 24-32 Approve Special Event - Oshkosh YMCA to Utilize City Streets for the
Oshkosh Century Bike Ride, June 23, 2024
Res 24-33 Approve Special Event - Oshkosh Youth Baseball (OYB) to Utilize
Menominee Park and Reetz Softball Complex for the Oshkosh Youth
Baseball Tournament, June 28 - 30, 2024
Res 24-34 Approve Special Event - Otter Street Fishing Club to Utilize Menominee
Park & Ames Point for the Otter Street Kids Fisheree, August 10, 2024
Res 24-35 Approve Special Event - Vietnam Veterans of America Chapter 437 to
Utilize South Park War Monument for the POW/MIA Remembrance
Ceremony, September 21, 2024
Res 24-36 Approve Special Event - The Amyotrophic Lateral Sclerosis (ALS)
Association to Utilize Menominee Park for the Walk to Defeat ALS,
September 21, 2024
Res 24-37 Approve Special Event - Alzheimer's Association to Utilize Lakeshore Park,
Pavilion, Trail, and City Streets for the Walk to End Alzheimer's, September
28, 2024
Res 24-38 Approve Special Class "B" Licenses
Res 24-39 Approve Appointments to Various Boards and Commissions
MOTION TO APPROVE CONSENT AGENDA ABOVE
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
ITEMS REMOVED FROM CONSENT AGENDA - NONE
PENDING ORDINANCE
Ord 24-40 Approve Zone Change from General Agricultural Extraterritorial District (A-
2ETZ) to Single-Family Residence Extraterritorial District (R-1ETZ) for a
property located at 4744 County Highway K in the Town of Algoma
(Extraterritorial Zoning Committee Recommends Approval)
Motion To Approve Karl Buelow
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Ord 24-41 Approve Zone Change from Suburban Mixed Use District with a Planned
Development Overlay (SMU-PD) to Institutional District (I) for the Property
Located at 425 North Washburn Street (Plan Commission Recommends
Approval)
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
NEW ORDINANCES - no formal action was taken at this meeting on the
items below
*Ord 24-42 Amend Section 27A-11 of the Municipal Code Pertaining to Parking
Regulations on Designated Streets and Alleys (Congress Avenue)
(Transportation Committee Recommends Approval) 1ST READING
*Ord 24-43 Amend Section 27A-11 of the Municipal Code Pertaining to Parking
Regulations on Designated Streets and Alleys (Punhoqua Street)
(Transportation Committee Recommends Approval) 1ST READING
*Ord 24-44 Amend Section 27a-2 of the Municipal Code Pertaining to Prohibited
Right Turns at the Intersection of North Main St, Harrison Street, and New
York Avenue (Transportation Committee Recommends Approval) 1ST
READING
NEW RESOLUTIONS
Res 24-45 Renewal of Agreement with the Emergency Medical Services Medical
Director ($20,000.00)
Motion To Approve Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-46 Appropriate ARPA Funds for Specific 2024 Infrastructure Projects
Finance Director Russ Van Gompel pointed out the attachment to the
resolution is a listing of projects that are making changes in 2024,
appropriating $595,000. If the council adopts the resolution tonight, there
is still $1.7 million left in the ARAP funds.
Motion To Approve Paul Esslinger
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-47 Approve Conditional Use Permit for an Institutional Use at 425 North
Washburn Street (Plan Commission Recommends Approval)
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-48 Approve Blight Designation and Land Acquisition for Property Located at
1203 Oshkosh Avenue (Redevelopment Authority Recommends Approval)
Mayor Mugerauer noted that this acquisition is in a key area for us and
asked Community Director Nieforth to explain why.
Director of Community Development Kelly Nieforth stated that Oshkosh
Ave and Sawyer Street is a challenging intersection. It has been the city's
goal to realign that intersection. From a staff perspective, this property
has a few code violations and, unfortunately, we continue to get
noncompliance. She also noted that no one currently lives on this
property.
Motion To Approve Karl Buelow
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Res 24-49 Approve Professional Services Agreement from Short Elliott Hendrickson
Inc. for Architectural Services for Fire Training Center for Oshkosh Fire
Department ($436,703.00)
Motion To Approve Paul Esslinger
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA
ITEMS
Council Discussion Regarding Mayor Selection Process (Mugerauer)
Mayor Murerauer included a memo to the council regarding the Mayor
selection process and would like to look at the process and discuss the
option of moving away from an elected Mayor to a council-selected
President.
Mayor Mugerauer summarized his memo as follows: Since the 1950's
Oshkosh has operated under a City Manager form of government. The
City Manager runs the day-to-day operations. As a "Chapter 64"
community in the state of Wisconsin, we are the only municipality that has
an elected mayor. The disadvantage of operating this way is, that it
creates confusion locally, regionally, and at the state level. If we continue
with the elected mayor system, it creates confusion as to who is running
the show. This structure may prevent us from getting the best-qualified
candidates to fill positions. It also could appear that we are not a strong
and unified council.
Council Member Buelow asked if it would be better to educate the
community with information on what the role of the mayor is in Oshkosh.
Council Member Buelow suggested the elected mayor system may not
bring the clarity we hoped for. People will still send requests that are out of
council's jurisdiction. He also questioned whether this would go to the
public as a referendum.
Council Member Ford believes this is a good idea. If you look at the
municipal code and what the mayoral duties are, they are procedural.
The mayor presides over the meetings with no veto power, the mayor is
responsible for leading the council meeting, announcing and receiving
quorum, receiving motions, making proclamations etc… There is
confusion and conflict between having an elected mayor and a City
Manager. Council Member Ford indicated he would support a Council
President title over an elected Mayor title.
Council Member Erickson stated that she agrees there is a lot of confusion
about the role of the mayor in the community. In this debate we need to
determine the needs and functions as a body, and what has changed
since the referendum in 2004. She questioned the goal we are trying to
meet as a well-functioning council to do our job well. Erickson agreed that
there are advantages and disadvantages to both options.
Council Member Esslinger felt this needs to go to a referendum and be
voted on by the people. He does not want seven people on a council to
decide what form of government is right for seventy thousand people.
Council Member Stephenson added that if this does go to referendum,
we would need to do our homework and be specific. Stephenson asked
Attorney Lorenson if this were to go to referendum, what is the process.
Attorney Lorenson stated that there are several options for moving the
proposal forward. The council may decide to pass an ordinance that
could be put to a referendum on petition, or to order a referendum
directly.
Council Member Esslinger noted that (in 2004, if he remembers correctly)
he brought forward a discussion to change the form of city government.
During the discussions, it got warped into a referendum asking "do you
want to have an elected mayor?". This could have been interpreted in
many ways.
Council Member Esslinger also noted that it should be the decision of the
residents of Oshkosh to choose the form of government for Oshkosh.
Esslinger also noted that if any topic goes to referendum, that we allow
the same courtesy to other groups/council members to bring topics via
referendum. Esslinger suggested the more choices the better.
Council Member Ford noted that he looked at the referendum in 2004,
and stated that we are not talking about changing the form of
government, we are talking about changing the title of council mayor to
council president. If this is something that council wants to send as a
referendum, we will need to be clear on the question as we are not
creating a mayoral position that has executive powers.
Council Member Buelow asked if Mayor Mugerauer would still propose this
position at the same small salary increase it has now.
Mayor Mugerauer stated he has no intention of changing anything but
the title.
Council Member Stephenson stated that he does see merit in defining the
role of council members.
Mayor Mugerauer appreciates the discussion and council member's
thoughts. He stated that his goal was to set the proper foundation for
future council members, staff, and citizens for success.
Status of Available Combination "Class B" Licenses
City Manager Rohloff discussed the city's shortage of liquor licenses and
stated that in 2023 there was a significant interest in the Combination
"Class B" liquor licenses. The city has two available Combination "Class B"'s
available, and two in reserve. The difference between the two licenses is
a significant amount of money.
City Manager Rohloff also noted that staff is currently going through a
process to identify any licenses that are not being utilized. Some
businesses may be holding the wrong license. Meaning they have a
Combination "Class B", but only serve beer. Through research, the City
Clerk has found that legislation is considering reclassifying some malt
beverages as beer, and that may free up some of these Combination
"Class B" licenses. In the meantime, Mr. Rohloff noted that he isn't
comfortable processing any licenses until staff has a better feel for what is
out there. Rohloff also feels that through the education process, tighter
criteria, and council coming up with an evaluation system, the city would
be able to free up some of the licenses and make sure that the license is
utilized properly.
Mayor Mugerauer asked Mr. Rohloff to explain a little about the processes
for new council members on what can be done to free up some licenses:
City Manager Rohloff noted three things:
1 Education – we need to educate new businesses to know exactly what
is allowed, what the economic development impact may be etc. It would
be beneficial to work with the Chamber of Commerce on this issue.
2. Revocation does not happen often, but we do give the license holders
due process. A non-renewal mainly happens if a business tells us they are
not renewing, or we know they are out of business etc.
3 A process used to take place when licenses were available and each
applicant needed to come to council and present why they should be
granted the license.
Mr. Rohloff believes education, tighter criteria, and some type of
evaluation system to take a look at these things may be needed.
Council Member Ford stated that education is important, and we should
find some of the under-utilized licenses. Some people may use them for
private benefit.
City Manager Rohloff will talk to the Chamber also –
Mayor Mugerauer appreciates the process we have in place.
Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at
Lakeshore Park's Four-Seasons Building
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Council Member Ford reminded attendees of Oshkosh Restaurant Week.
Council Member Esslinger noted a recent show at the Grand Opera
House.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Update on Proposed Vehicle Registration Fee (VRF) and Utility Fees as
Replacement of Special Assessments for Street Reconstruction Projects
City Manager Rohloff reviewed the VRF and utility fees as part of the
special assessment replacement option. City Manager Rohloff and
Finance Director Van Gompel will be meeting the Chamber of
Commerce and staff will be conducting public information meetings. City
Manager Rohloff also reminded council and residents that the VRF is
proposed to eliminate road reconstruction and sidewalk assessments only
(does not include new utilities). Staff will also be posting FAQ's on the city's
website/hot topics and a newsletter article will be published.
Finance Director Russ Van Gompel explained that the VRF would be
collected by the State of Wisconsin and then sent to the city. This will be
an accounting procedure and deposited in a capital projects fund. This
capital project fund will also collect $750,000 from each of the three
utilities. 40% of the fund will come from the VRF and 60% will come from
the utilities. This project fund will be used to offset the costs that are
normally invoiced on special assessments.
Council Member Ford replied that it is fair to say in future years if the VRF
doesn't keep up with the increasing cost of road projects, that will shift
that percentage on utilities more.
Van Gompel replied that in the future, the utility fee and VRF will need to
be evaluated. Right now, we're looking at a $35 VRF. Looking at various
communities, the VRF currently ranges anywhere from $10 to $40, so the
city would be on the high end. Also, as we look at the cost of road
construction over some time, staff are basing numbers on current market
conditions. Those are going up right now, so staff will have to continue to
evaluate.
City Manager Rohloff summarized the ARPA fund application process for
non-infrastructure projects and noted that staff has public informational
meetings scheduled and a live Q&A scheduled on Oshkosh Media for
Friday, February 16. Applications are available on the City website, and
are being directed to other various nonprofit entities, and applicants that
have been previously rejected are welcome to reapply. Also, the
applications have been updated, and with the revamped application,
staff can help determine if there are other resources that may be
available to them. Staff would like to be clear and very careful, noting
that if funds are not allocated by the end of 2024, the city will lose those
ARPA dollars. There is the fear that groups will become dependent on the
availability of the ARPA funds and then the city has to let them know the
ARPA funds are gone.
City Manager Rohloff presented an update on the Process for ARPA Funds
for Non-Infrastructure Projects
SB 961 (Urban Towns Bill) Update:
City Manager Rohloff reminded council that he shared bullet points and
highlights of legislator meetings. Staff will also follow up by sending letters
to legislators expressing the city's concerns. City Manager Rohloff stated
that the city has been very successful, and shared with the Senate
Committee on Local Government that we all need to get along with our
neighboring cities, towns, villages, and communities, and look ahead to
appropriate land use.
The Strategic Plan Dashboard has been updated for the 4th Quarter.
One-Year Extension of the Intergovernmental Agreement with Winnebago
County on Inter-City Pilot Microtransit Service between Oshkosh and
Neenah
Outstanding Issues
ADJOURN: 7:34 PM
Motion To Approve Paul Esslinger
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
SUBMITTED BY
DIANE BARTLETT
CITY CLERK