HomeMy WebLinkAboutMinutes_02.27.2024CITY COUNCIL MINUTES
02.27.2024
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 purchase from the
Oshkosh Area School District for Washington School, and to the
negotiation of a land purchase, west of Jackson Street and east of
Farmington Avenue (Parcel #1250100000), 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; Joe Stephenson;
Karl Buelow; Paul Esslinger; Mike Ford; LaKeisha Haase
Staff
Present:
Mark Rohloff, City Manager; Amy VandenHogen, Assistant
City Attorney; Diane Bartlett, City Clerk
Attendees:Russ Van Gompel, Finance Director
PLEDGE OF ALLEGIANCE: Carl Traeger Elementary & Middle Schools
PROCLAMATION: Social Worker Month, March 2024
PRESENTATION: Potential Roundabout Improvements
Travis Derks, Landscape Operations Manager, City of Oshkosh, and Amy
Albright, Executive Director, Oshkosh Convention and Visitors Bureau gave
a brief presentation on the City Round-a-Bouts. The presentation
proposed to rejuvenate the Round-a-Bouts by making them more
aesthetically pleasing and requiring less maintenance. The plan also
creates a parking pad for the safety of the workers. The estimated total
cost is $220,000. There is proposed funding from the City of Oshkosh at
$150,000 and community partners at $70,000.
CITIZEN STATEMENTS TO COUNCIL
Cheryl Hansen, 874 Nebraska Street, Oshkosh, and John Peterson, 402
Wyldewood Dr, Oshkosh
Both Ms. Hansen and Mr. Peterson petitioned Council for a resolution
calling for a Constitutional Amendment declaring that:
Only human beings are endowed with constitutional rights - not
corporations, unions, nonprofits, or other artificial entities; and 2) Money is
not speech, and therefore limiting political contributions and spending is
not equivalent to limiting political speech.
Information was given to Council regarding the above-mentioned request
(all information and handouts regarding the amendment/request will be
attached).
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director, February 9, 2024
Receipt & Filing of Minutes - Museum, Arts, and Culture Board
Regular Meeting, 01.10.24
Board Workshop, 01.23.24
Receipt & Filing of Claim Filed with the City's Insurance Company - Strong
#1 (alleged deficient inquiry by Police Department into victim complaint)
Receipt & Filing of Claim Filed with the City's Insurance Company - Strong
#2 (alleged deficient inquiry by Police Department into victim complaint)
Res 24-80 Disallowance of Claims by Dennis Strong
Res 24-81 Amend Board and Commission Rules
Res 24-82 Final Resolution Regarding Taxable Industrial Development Revenue Bond
Financing for 1508 Koeller Oshkosh, LLC
Res 24-83 Award Bid to MCC Inc. and Northeast Asphalt Inc. for 2024 Road Materials
for Various Departments
Res 24-84 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting
LTD for the Cherry Street Reconstruction Project 24-07 ($68,146.78)
Res 24-85 Approve Change Order No. 2 (Revised) Final for Public Works Contract
No. 22-02 East 9th Avenue Reconstruction / Advance Construction, Inc.
($44,944.33)
Res 24-86 Waive Bids and Approve Purchase of Snow Plow Blades from Burke Truck
& Equipment ($27,446.47)
Res 24-87 Approve Contract with Beaver Services Inc. for the Demolition of 656
North Main Street ($34,000)
Res 24-88 Approve Special Event - Run Away Events to Utilize Menominee Park and
City Streets for the Run Away to the Bay Event, April 13, 2024
Res 24-89 Approve Special Event - Winnebago Audubon Society and Oshkosh Bird
Fest Committee to Utilize Lakeshore Park Four Seasons Building for the
Oshkosh Bird Fest, May 4, 2024
Res 24-90 Approve Special Event - Oshkosh Garden Club to Utilize the Front Grounds
of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale,
May 18, 2024
Res 24-91 Approve Special Class "B" Licenses
Res 24-92 Approve Agent Change - Pick N Save #375
APPROVE CONSENT AGENDA ABOVE
Motion To Approve Karl Buelow
Second Mike Ford
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 24-93 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"
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
Ord 24-94 Amend Definition of Overtime Parking and Basic Penalties for Violation of
Parking Provisions
Council Member Stephenson asked staff to explain why the fees are
going up.
City Manager Rohloff explained that this is an annual process.
Furthermore, these fees and penalties have not been updated in many
years.
Council Member Stephenson asked City Manager Rohloff if the parking is
more of a downtown or side street issue.
City Manager Rohloff replied that it is a city-wide issue and raising the
violation cost from $15 to $30 creates a deterrent for citizens who accept
the low fee.
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
Ord 24-95 Amend Section 27-36 and Appendix 27B Regarding Designation of
Parking Spaces in Downtown Municipal Parking Lots (Transportation
Committee Recommends Approval)
Kris Larson, Beckets - 502 North Main Street, Oshkosh
Mr. Larson spoke on behalf of the Downtown Bid and noted they are
pleased about this proposal and feel it will be a huge asset to downtown.
Council Member Stephenson added this is an overall good move to clean
up the customer parking situation downtown and thanked staff for the
hard work on this.
Motion To Approve Mike Ford
Second Karl Buelow
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Paul Esslinger, Mike Ford, LaKeisha Haase
7 - 0 Passed
Ord 24-96 Approve Changes to Chapter 3 of the City of Oshkosh Municipal Code to
Create a Vehicle Registration Fee
Jennifer Sunstrom, W6124 Aerotech Dr, Appleton
Ms. Sunstrom of the Realtor Association of Northeast Wisconsin thanked
Council and staff for the time spent developing a solution and addressing
the Special Assessments in Oshkosh. The Realtors Association supports the
proposed VRF and an increase in utilities to lessen the burden on property
owners. The Association does not favor proposals shifting special
assessments onto the property tax levy. Wisconsin is among the top ten
taxed states in property taxes, and it is difficult to recruit people from other
states for our workforce.
Cheryl Lauritch, 1107 Algoma Blvd, Oshkosh
Ms. Lauritch voiced her opposition to the VRF and the increase in utility
proposal. Ms. Lauritch stands on both sides of this challenging issue. She
does not believe these increases will go far enough. Ms. Lauritch feels the
proposal doesn't adequately address the 2,065 parcels with outstanding
assessments. All residents deserve acknowledgment and representation.
Robert Gluth, 1628 River Mill Road, Oshkosh
Mr. Gluth believes Council is taking a good step, but does not favor the
proposal as it does not go far enough. Mr. Gluth believes it needs a
broader revenue source. He proposed a 1% tax assessment on the
property tax which would generate about $3.9 million in revenue. Then
decrease the amount on the VRF and the utilities. As it stands, he is not in
support of this proposal.
Council Member Ford acknowledged that this proposal has been a long
time coming, and there are many reasons why he supports this. Looking at
the Department of Revenue numbers, Oshkosh collects more special
assessments than any other city in Wisconsin. Data-driven governance
means ensuring we are not outliers in critical quantifiable areas, and that
our current policy is not working. While the VRF is getting the most
attention, the utility portion is a bigger deal because it covers more of the
cost. This proposal covers what we need, and like any other policy, we will
need to revisit it every year. Council Member Ford then thanked the staff
and Council (present and past) for the work that went into this proposal.
Council Member Buelow echoed what Council Member Ford said.
Buelow also wanted to share that they have considered all concerns and
proposals that have been brought to their attention. This proposal would
not subject the city to possible litigation. Buelow also wanted to assure
residents that this proposal had many staff hours and considerations
behind it.
Council Member Stephenson is in favor of this proposal. It was a good
compromise; this will benefit everyone in our community. It's a new
equitable way to fund the roads.
Council Member Esslinger stated that he is not in favor of the VRF. This
program falls short of where we need to be and is inequitable. Esslinger
does not feel it is fair to the citizens who have paid their assessment in the
past or are still currently paying. Esslinger also points out the equitable
solution would be to charge based on the number of miles you drive. Also,
Esslinger notes that the largest inequity under this program is that vehicles
over 8,000 lbs. are not required to pay the VRF. The average citizen and
driver subsidize those vehicles that do the most damage. Esslinger
believes there are other solutions, and the city should lobby our state
officials for other options. I.e., increase state gas tax, sales tax, etc.
Mayor Mugerauer noted that our current system does not work. He
added that everyone benefits from a better-funded, well-maintained
infrastructure. This proposal is not perfect, it's a compromise. The city has
been working on this subject for years with many hours put forth. It is
certainly a step in the right direction and he will support this proposal.
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl
Buelow, Mike Ford, LaKeisha Haase
No:Paul Esslinger
6 - 1 Passed
Ord 24-97 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)
Alicia Wenger, Executive Director of Christine Ann Domestic Abusive
Center, 333 W 12th Avenue, Oshkosh
The Christine Ann Center is asking the city for a zone change on the
Beach Building located at 240 Algona Blvd. The change will allow the
organization to expand its services from 37 beds to 60 beds and add 11
transitional units.
Council Member Stephenson asked about plans for the current Christine
Ann building. Ms. Wenger stated that the building has been sold to
Solutions Recovery as they will be expanding their services.
Council Member Buelow commented that this expansion is needed and is
a great use of this building.
Deputy Mayor Erikson expressed support. She former resident of the
building, and she is happy to see her old apartment being used for
something good.
Mayor Mugerauer is in favor of this Ordinance and is appreciative of the
services Christine Ann offers.
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
NEW ORDINANCES NOTE: No formal action was taken on the items below:
*Ord 24-98 Amend Chapter 2 Article V of the City of Oshkosh Municipal Code
Pertaining to Staff Offices and Departments
NEW RESOLUTIONS
Res 24-99 Amend 2024 Fees and Charges Schedule
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 24-100 Approve Conditional Use Permit for an Institutional Residential Use
Located at 240 Algoma Boulevard (Plan Commission Recommends
Approval)
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 24-101 Approve Specific Implementation Plan Amendment Request for
Temporary Campground at Southwest Corner of West Ripple Avenue &
South Washburn Street (Parcels 1309141000, 1367000000, 1367490000,
1367500000) (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 24-102 Approve 2024 Downtown Business Improvement District Operation Plan
and Budget Amendment (Business Improvement District Board
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
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER, & FUTURE AGENDA
ITEMS
Continue Council Discussion Regarding Mayor Selection Process
(Mugerauer)
Mayor Mugerauer would like to continue the discussion of changing the
Mayor's title to Council President's title. Mayor Mugerauer wanted Council
Member Stephenson to weigh in on the discussion.
Council Member Stephenson is not in favor of changing the elector part
of the chair but is in favor of changing the name/title Mayor to Council
President. The Council President (like the Mayor), has some duties outside
what the other council members have. We do need to have clarification
on what each position's role is.
Council Member Haase agrees that because this was previously put forth
by the voters, the voters should be making this change. Haase also
expressed the position of the Mayor is confusing. The power that the
Mayor has over different boards and commissions is a powerful tool.
Haase feels it is disingenuous to suggest that it's the only power and
something so minimal.
Council Member Buelow feels at this point he cannot confidently vote on
it because he stands on both sides. Council Member Buelow does like the
idea of Council President being elected, but that doesn't solve the
appointed seventh member issue if that person was a city council
member already. That is the flaw with that plan.
Council Member Ford believes the people should select the legislative
body, and we, as a council, select who runs our meetings. Council
Member Ford stated the bottom line is we have a Council President that
we call Mayor, and it would be real progress if we changed the name.
Mayor Mugerauer noted that with a name change only, it would take a
super-majority, which would be five, for an ordinance update.
Council Member Esslinger stated that changing the title of Mayor to
Council President would cause more confusion and makes no sense to
him.
Council Member Haase agreed that the tile change would confuse
citizens. Council Member Haase does not support the proposal to cause
more confusion.
Deputy Mayor Erickson would like to see the discussion move forward and
is supportive of seeing the name change.
City Manager Rohloff will direct the legal staff to begin working on the
ordinance, so it can be presented to Council for discussion and
consideration.
Process to Review Combination "Class B" Liquor Licenses (Stephenson)
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 license. The city has two available Combination Class B's
available, and two Combination Class B's in reserve. The difference
between the two is the significant cost. At this time, legislation is rewriting
and reclassifying licensing policy. One of the rewrites is the reclassification
of malt beverages as beer, which may free up some Combination Class B
licenses.
Through an education process, and tighter criteria such as economic
impact implications, the city may be able to free up some licenses and
make sure that the license is utilized properly.
Stephenson remarked that he would like to see the two available licenses
utilized, and Council will need to figure out how to handle those
applications, whether it be a first come, first served, or other measures.
Council Member Buelow voiced his concern about having tighter criteria,
such as basing who gets a license on economic impact. Then the license
would always be favored by the big businesses over local business
owners.
City Manager Rohloff suggested, with continued interest in this topic, he
would like this to be on a future agenda. Staff is still waiting for directions
from the DOR regarding the rewrite and renewal process.
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 Stephenson shared that The Grand Opera House is
celebrating their 140th Anniversary this year, and PBS is recording a
special with The Four Phantoms on March 22nd and 23rd. Tickets can be
purchased on The Grand Opera House website.
Mayor Mugerauer announced that UWO's Environmental Study Students
completed the Oshkosh Sustainability Advisory Board projects. This
information can be found on our city's website.
Mayor Mugerauer noted that Tom and Penny Harenberg were recently
awarded the Wisconsin Park and Recreation Association's Fellowship
Award. Tom and Penny Harenberg are big supporters of the City of
Oshkosh.
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Professional Services Agreement with AECOM for Sediment
Thickness Verification and Waste Characterization of North High
Detention Basin ($27,600)
State of the City Video Release
City Manager Rohloff reported that the State of the City video will be
released on March 27th, and the Community Partner Awards and
recognition of the Boards and Commissions will take place on March 26th.
Outstanding Issues
ADJOURN 7:30 pm
Motion To Approve Joe Stephenson
Second Paul Esslinger
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