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HomeMy WebLinkAboutMinutes_02.13.2024CITY COUNCIL MINUTES 02.13.2024  CLOSED SESSION (5:00 PM, Room 404, City Hall): The Common Council convened into Closed Session to discuss bargaining options, strategy, parameters, and terms related to the negotiation of a development agreement with Aligned Medical Oshkosh for ThedaCare/Froedtert project pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes where competitive bargaining reasons require a closed session.  CALL TO ORDER  - 6:01 pm  ROLL CALL Present:Matt Mugerauer, Mayor; Lynnsey Erickson; Karl Buelow; Paul Esslinger; Mike Ford; LaKeisha Haase Absent:Joe Stephenson Staff Present: Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk Attendees:Russ Van Gompel, Finance Director  PLEDGE OF ALLEGIANCE: Trinity Lutheran School  CITIZEN STATEMENTS TO COUNCIL Sean Fitzgerald, 517 Gehres Ct., Oshkosh, WI Mr. Fitzgerald stated that the city should continue with the special assessments. He believes it is unfair to the residents who have invested in their special assessment. A home's resale value will increase with a new road, sanitary drainage and water in front of it. Therefore, there are ways a homeowner can recoup the money they have invested. Mr. Fitzgerald recommended the Council stay the course and keep special assessments as is. Rob Kleman (representing The Oshkosh Chamber, 120 Jackson St, Oshkosh) Mr. Kleman stated that the Chamber of Commerce surveyed their members. Results show 26% are in favor of the VRF and utility increase, and 74% are not. With this approach, chamber members feel roads will not get fixed fast enough. Mr. Kleman proposed a combination of a lower VRF, a smaller utility increase, a lower assessment cap with a combination of a general levy increase. He believes it is important to keep residents "responsible/accountable".    CONSENT AGENDA ITEMS     Report of Bills and Payroll by the Finance Director     Receipt & Filing of Minutes - Common Council Regular Meeting, 01.23.24     Receipt & Filing of Minutes - Library Board, 12.21.23     Receipt & Filing of Claim Filed with the City's Insurance Company - City of Oshkosh   Res 24-50   Disallowance of Claim by Robert Wilcox   Res 24-51   Approve Amendment to 2024 Operating Budget to Provide Funding for Limited Term Employee (LTE) Services in the Legal Department ($8,000.00)   Res 24-52   Approve Granting an Easement to Wisconsin Public Service (WPS) for Mill on Main, LLC Development (Redevelopment Authority Recommends Approval)   Res 24-53   Approve Conditional Use Permit for a Personal Storage Facility Located at 1990 Walter Court (Plan Commission Recommends Approval)   Res 24-54   Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for 2024 Water Utility Technical Services ($213,770)   Res 24-55   Approve Professional Services Agreement with Jacobs Engineering Group for 2024 Wastewater Utility Technical Services ($282,840)   Res 24-56   Approve CIP Amendment and Amendment No. 1 to Professional Services Agreement with Donohue & Associates, Inc. for Wastewater Treatment Plant Lifting Systems Improvements (+$49,707)   Res 24-57   Award Bid for Public Works Contract No. 24-08 to O&J Coatings, Inc. for Fernau Water Tower Painting and Mixing ($986,000)   Res 24-58   Award Bid for Public Works Contract No. 24-07 to Dorner, Inc. for Cherry Street Reconstruction and Prospect Avenue Water Main Construction ($5,282,786.69)   Res 24-59   Award Bid to H&H Sales Company Inc. for Stainless Steel Flatbed Body for the Streets Division ($12,900.00)   Res 24-60   Approve Purchase of Three-Year Endpoint Security Services (ESS) Agreement from Center for Internet Security (CIS) for IT Division ($91,206.00)   Res 24-61   Approve Cooperative Purchase of Cardiac Monitors from Zoll Medical Corporation for Fire Department ($1,112,929.46)   Res 24-62   Approve Inter-Agency Agreement for Automatic Aid with the Town of Algoma to Provide Assistance for Structure Fires   Res 24-63   Approve Amendment to 2024 Operating Budget Fire Department for Fall Prevention Program   Res 24-64   Rescind or Refund Real Estate and Personal Property Taxes   Res 24-65   Authorize Application for the League of Wisconsin Municipalities Mutual Insurance 2023/2024 Safety Grant Equipment Program for the Police Department   Res 24-66   Approve Special Event - Dublin's Irish Pub to Host a St. Patty's Celebration in Dublin's Parking Lot (2070 W 9th Ave.), March 16, 2024   Res 24-67   Approve Agent Change - SOS Brothers   Res 24-68   Approve Combination "Class A" Beer/Liquor License Surrender and Approve Issuance of Combination "Class A" Beer/Liquor License - Liberty Square Gas Station   Res 24-69   Approve Special Class "B" Licenses   Res 24-70   Approve Appointment to Advisory Park Board MOTION TO APPROVE CONSENT AGENDA ABOVE Motion To Approve Paul Esslinger  Second Karl Buelow  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed  ITEMS REMOVED FROM CONSENT AGENDA - none  PENDING ORDINANCE   Ord 24-71   Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Congress Avenue) (Transportation Committee Recommends Approval) Motion To Approve Karl Buelow  Second Paul Esslinger  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed   Ord 24-72   Amend Section 27A-11 of the Municipal Code Pertaining to Parking Regulations on Designated Streets and Alleys (Punhoqua Street) (Transportation Committee Recommends Approval) Motion To Approve Karl Buelow  Second Paul Esslinger  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed   Ord 24-73   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) Motion To Approve Paul Esslinger  Second Lynnsey Erickson  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed  NEW ORDINANCES - No formal action was taken on the items below   *Ord 24-74   Rename, Recodify, and Amend the Following Chapters and Provisions of the City of Oshkosh Municipal Code: Chapter  3 – Currently "Advertising" to "Finance";  Chapter 5 – Currently "Amusements" to "Special Events";  Chapter 8 – Currently  "In General" to "Permits and Licenses";  Chapter 12 – Currently "Finance" to "Property and Purchasing";  Section 17-12 – Currently "Advertisements on Private Property without Owner's Consent Prohibited" to "Notices, Advertisements and Bill Posting"; and  Move the provisions in the current Chapter 18 to new Chapter 8 and Repeal Chapter 18 – Currently "Licenses"   *Ord 24-75   Amend Definition of Overtime Parking and Basic Penalties for Violation of Parking Provisions   *Ord 24-76   Amend Section 27-36 and Appendix 27B Regarding Designation of Parking Spaces in Downtown Municipal Parking Lots (Transportation Committee Recommends Approval)   *Ord 24-77   Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to Create a Vehicle Registration Fee   *Ord 24-78   Approve Zone Change from Urban Mixed Use District with a Planned Development Overlay (UMU-PD) to Institutional District (I) for the Property Located at 240 Algoma Boulevard (Plan Commission Recommends Approval)  NEW RESOLUTIONS   Res 24-79   Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt (as amended - SEE AMENDED RESOLUTION ATTACHMENT) Council Member Ford noted that the policy approved three years ago is working, and he is pleased to see there will be no stormwater bond issuance because of the ARPA funds being used. Finance Director Van Gompel presented an update on the initial resolution, stating that it originally included a Parks Department shop sweeper that could be withdrawn because funds were available through the Parks Department. Therefore, ARPA funds or acquiring new debt for the item is not required. Finance Director Van Gompel also presented an update to the ARPA fund distribution, stating that with the previously approved distributions, there is approximately $900,000 available for infrastructure allocation. The non- infrastructure application process is moving forward, and as a reminder, ARPA funds need to be appropriated by the end of 2024. Mayor Mugerauer asked about the potential use of ARPA funds for the Clear Well project or the Intake project.  Both Finance Director Gompel and Public Works Director Rabe feel it will be difficult to meet the timeline of appropriating funds for the Clear Well project by the end of 2024, as for the intake flushing, the city had funds set aside for such an emergency. Council Member Buelow asked Public Works Director Rabe for an update on the intake flushing project. Director Rabe stated the project was complete and went as expected. Motion To Approve Paul Esslinger  Second Karl Buelow  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed  COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS     Strategic Planning Session, March 4th, 2024, 8:00 AM - 4:30 PM at Lakeshore Park's Four-Seasons Building     Council Discussion Regarding Mayor Selection Process (Mugerauer) Mayor Mugerauer opened the discussion with his appreciation of the conversation that had been created on the topic of changing the title of Mayor to Council President. He understands why many in the community are confused about our form of government. Oshkosh is unique and the only municipality in the state of Wisconsin that has the title of Mayor with no executive power. Council Member Ford highlighted the Mayoral duties and noted that they are equal as a Council President's duty. Mayor Mugerauer stated that he was surprised that the residents of Oshkosh did not realize that the Mayor does not have executive power. He is bringing this to light to set up the Council for future success. Council Member Esslinger noted that council should remember that the current form of government was chosen by the citizens. If this is something the citizens want to change, it should be something they do. Council Member Buelow remarked that, in general, he would favor more education in the role of Mayor. The citizens did elect a Mayor to run the meetings and appoint people to the boards and commissions, and there is value in that. If there is a misunderstanding in the Mayor's responsibilities verses the City Managers, the City should clarify that. Mayor Mugerauer commented that just because you can win an election doesn't mean you can be an effective leader. He feels that the Council choosing the most competent person is the most effective way to have a successful governing body. Mugerauer would also like Council Member Stephenson to be a part of the Council consensus and discuss changing the title and the possibility of adopting an ordinance. Since Council Member Stephenson is absent this evening, Mugerauer would like to revisit this topic at the next Council meeting. City Manager Rohloff clarified the process for bringing an ordinance to Council and how consensus is important.  It is designed to avoid "one-offs" and ensure that staff resources and time are not wasted. Deputy Mayor Erickson is in support of seeing this subject move forward.  COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Ford recommended seeing "Matilda" at Oshkosh North at 7 pm on Thursday. City Clerk Bartlett reminded Council and residents that the early absentee voting location had changed from City Hall to 19 East Irving. Council previously approved this location and it will be used for elections through 2024.  CITY MANAGER ANNOUNCEMENTS & STATEMENTS City Manager Rohloff noted that he spoke to the Sustainability Advisory Board as well as the Diversity Equity Inclusion Committee on our ARPA non-infrastructure application process. Rohloff also reminded other local non-profits and organizations that they are encouraged to attend upcoming meetings to learn more about the ARPA funds available. Mr. Rohloff expressed that staff will be working with applicants to be sure applications are complete. City Manager Rohloff noted the memos below regarding employee coaching and staff development, and the memo regarding Jacob's engineering. Both exceed the $25,000 threshold for which Mr. Rohloff is obligated to report to Council.       Rise Leadership: Employee Coaching & Staff Development ($25,000.00)     Professional Services Agreement with Jacobs Engineering Group, Inc. for Wastewater Treatment Plant Secondary Clarifiers No. 2 and No. 4 Improvements Engineering Services ($38,900)     Outstanding Issues  MOTION TO ADJOURN - 6:43 pm Motion To Approve Mayor Matt Mugerauer  Second Karl Buelow  AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Karl Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase 6 - 0 Passed SUBMITTED BY DIANE BARTLETT CITY CLERK