HomeMy WebLinkAboutMinutes_03_26_24CITY COUNCIL MINUTES
03.26.24
CALL TO ORDER - 6:00 PM
ROLL CALL
Present:Mayor Matt Mugerauer; Lynnsey Erickson; Joe Stephenson;
Karl Buelow; Paul Esslinger; LaKeisha Haase
Absent:Mike Ford
Staff
Present:
Mark Rohloff, City Manager; Lynn Lorenson, City Attorney;
Diane Bartlett, City Clerk
Attendees:Kelly Nieforth, Community Development Director
INVOCATION - VOTING FIRST: Council Member Stephenson
PLEDGE OF ALLEGIANCE
INTRODUCTION OF STAFF : Julie Calmes, Finance Director and Maria Fletcher,
Management Analyst
PRESENTATIONS - The following organizations/individuals were recognized:
Community Partnership Award
League of Wisconsin Municipalities: Jerry Deschane and Toni Herkert
Oshkosh Recreation Department: Kabel Helmbrecht
Environmental Leadership Award
Tom Weber
Citizen Service Awards
5-year milestone:
Bike and Pedestrian Advisory Committee – Brad Brown
Traffic and Parking Advisory Board – William Christianson
Advisory Park Board – Devon Hudak
Library Board – Larry Lautenschlager
Advisory Park Board – Becky Metz
Advisory Park Board – Lester Millette
Oshkosh Housing Authority – Sara Muhlbauer
Plan Commission – Thomas Perry
Board of Zoning Appeals – Barbara Schmitz
Landmarks Commission – Nikki Stoll-Olthoff
10-year milestone:
Library Board – Christine Melms-Simon
BID Board – Andy Ratchman
Public Museum Board – Jean Thierman
20-year milestone:
Redevelopment Authority – Tom Belter
Police and Fire Commission – John Schorse
25-year milestone:
Police and Fire Commission – Robert Vajgrt
CITIZEN STATEMENTS TO COUNCIL - None
CONSENT AGENDA ITEMS
Report of Bills by the Finance Director
Receipt & Filing of Minutes - Museum Arts and Culture Board, 02.14.24
Res 24-124 Update Designation of Authorized Individuals for City Financial Matters
and Investment Transfers
Res 24-125 Approve Amendment to 2024 Police Department Operations Budget for
the Purchase of Redaction Software
Res 24-126 Approve Agreement Renewal for Urban Search and Rescue Emergency
Response Services between the City of Oshkosh and the State of Wisconsin
Res 24-127 Award Bid to Folske Electrical Services LLC for Generator Replacements at
Stations 17, 18 & 19 for the Oshkosh Fire Department ($248,994.00)
Res 24-128 Amend 2024 Capital Improvement Plan and Approve Purchase for
Acquisition in 2027 of Three Ambulances from Emergency Vehicles Plus for Fire
Department ($1,447,293.00)
Res 24-129 Award Bid to Cardinal Construction Co, Inc. for Waldwic Gallery
Renovation for the Oshkosh Public Museum ($241,441.00)
Res 24-130 Approve Cooperative Purchase of Articulated Front-End Loader from
Brooks Tractor Inc. ($399,600.00) and Plow and Wing from Monroe Truck Equipment,
Inc. ($55,672.00) for Recycling Division
Res 24-131 Approve CIP Amendment and Professional Services Agreement with
Strand Associates, Inc. for Engineering Services for 2024 Asphalt Pavement
Preservation Program ($27,500)
Res 24-132 Approve and Submit Wisconsin Department of Natural Resources 2023
Storm Water Program Annual Report (Plan Commission Recommends Approval)
Res 24-133 Approve Special Event - DutriRun Foundation to Utilize City Streets for Race
the Lake, August 18, 2024
Res 24-134 Approve Special Event - Paine Art Center & Gardens to Utilize Algoma
Boulevard and Congress Avenue for the Faire on the Green, July 14, 2024
Res 24-135 Approve Special Event - Vietnam Veterans of America Chapter 437 to
Utilize City Streets to Hold the Oshkosh 4th of July Parade, July 4, 2024
Res 24-136 Approve Special Event - Jambalaya Arts Inc to Utilize the Alley Area
behind 401-419 N Main Street for the Alley Art Market Series, May 23, June 8, July 14,
August 10, and September 14, 2024
Res 24-137 Approve Special Event - Bay Lakes Scout Council to Utilize Menominee
Park Ames Point Area for the Bay Lakes, Twin Lakes District Cub Scout Fishing, June 1,
2024
Res 24-138 Approve Special Event - UW Oshkosh to Host Their Spring & Fall
Commencements at the UWOshkosh Kolf Sports Center, May 18 and December 14,
2024
Res 24-139 Approve Special Event - Bago Walleye Club (BWC) to Utilize Menominee
Park Millers Bay & Rainbow Memorial Park for the BWC Invitationals, April 28, June 2,
June 23, and July 14, 2024
Res 24-140 Approve Special Event - Oshkosh Patriotic Council to Utilize South Park,
Riverside Park, City Streets and the City Hall Parking Lot for the Memorial Day
Procession and Services, May 27, 2024
Res 24-141 Approve Special Event - Houge's Tavern to Utilize Menominee Park Millers
Bay for Houge's Walleye Warm-Up, May 25, 2024
Res 24-142 Approve Special Event - Oshkosh Into the Night to Utilize Opera House
Square and Market Street for the Oshkosh Into the Night Event, May 23, 2024
Res 24-143 Approve Special Event - Run Away Events to Utilize the Riverwalk,
Wiouwash Trail, and City Streets for the Oshkosh Half Marathon Relay & 5k Run, April
27, 2024
Res 24-144 Approve Special Event - Paine Art Center & Gardens to Utilize Algoma
Boulevard and Congress Avenue for the Festival of Spring, May 18, 2024
Res 24-145 Approve Special Event - UW Oshkosh Recreation & Wellness Center to
Utilize City Sidewalks and Wiouwash Trail for the Tulip Trail Run/Walk Event, April 20,
2024
Res 24-146 Approve Special Event - Downtown Oshkosh Business Improvement District
(BID) to Utilize Opera House Square & Market Street for the Music on Main and Live at
Lunch Series, June 5 through September 25, 2024 (Wednesdays & Thursdays)
Res 24-147 Approve Secondhand Article Dealer, Secondhand Jewelry Dealer, and
Pawnbroker Licenses
Res 24-148 Approve Agent Change - Pick N Save #478
Res 24-149 Approve Special Class "B" Licenses
APPROVE CONSENT AGENDA ABOVE
Motion To Approve Paul Esslinger
Second LaKeisha Haase
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
ITEMS REMOVED FROM CONSENT AGENDA - None
PENDING ORDINANCE
Ord 24-150 Charter Ordinance to Amend Titles of Mayor and Deputy Mayor to
Council President and Council Vice President
Motion to Layover Mayor Mugerauer
Second Joe Stevenson
DISCUSSION:
Council Member Esslinger commented on the motion to layover and noted that
this is the second reading, and council is following the process. Esslinger does
believe a layover is warranted.
Council Member Haase agreed with Council Member Esslinger and stated there
is no basis for the layover.
AYE: Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson
NO: Karl Buelow, LaKeisha Haase, Paul Esslinger
3-3 Failed
CITIZEN COMMENTS:
William Manske, 927 Brookwood Ct, Oshkosh
Mr. Manske spoke against Ordinance 24-150. Manske stated that this ordinance
does not seem to be of great importance and citizens will be confused when they go
to the polls next April. The Mayor's title is important to this city and the city manager
form of government is working. Manske stated that this process does not need to
change and that Oshkosh is doing good things. Oshkosh should keep the council,
mayor title, deputy mayor title, and the city manager form of government.
COUNCIL DISCUSSION:
Council Member Stephenson stated that he goes back and forth on this
ordinance. Stephenson appreciates Mr. Manske's comments and reiterates that
he is a City Manager form of government proponent. Stephenson believes
better education on the responsibilities and duties of council and staff is
important. Also, the city needs to let our electorate know the council and staff's
responsibilities.
Council Member Buelow can see both sides of this issue, along with the majority
of city residents he spoke to. The citizens of Oshkosh all have different views and
opinions on this subject. Buelow noted that we need a strong communication
effort about our form of government. Buelow does not believe that changing
titles will change what citizens think our form of government does.
Council Member Haase believes there is no basis for change. Haase spoke to
community members regarding this change and agrees there is confusion
amongst residents about council and city departments' responsibilities. Haase is
compelled to leave this alone. The Oshkosh community has a voice that should
be heard. Any change like this should come from its citizens.
Council Member Esslinger noted there are two issues here: 1. Change the
Mayor/Deputy Mayor title, which he does not believe should happen, and 2.
Voting on this today would take away the voice of the citizens who voted for a
mayor. Esslinger believes council should not take away the ability for residents
to voice their opinion about electing a mayor.
Deputy Mayor Erickson stated that she is not opposed to the concept, and
believes this is good. Also, the current City Manager form of Government is
good for Oshkosh and should continue. Erickson is hesitant about the
process; this is an opportunity to educate the community and hear from its
citizens, and there needs to be more educational dialog.
Mayor Mugerauer concluded the discussion by reading the email below:
Mayor Matt Mugerauer,, I am writing regarding the ordinance to "Amend
the Titles of Mayor and Deputy Mayor to Council President and Council
Vice President." I urge you to adopt this ordinance. Here is why. I lived
previously in other cities where there was either a Mayor or a City
Manager. When I moved to Oshkosh, it was very confusing as to why we
would vote for a Mayor when we already have a City Manager. This made
no sense to me. I believe that the City Manager form of governance is the
most effective way to run a city and having a "Mayor" serve as a Council
President role is an inappropriate title for this role. It only serves to muddy
the waters for our municipal government. I understand that there may be
a tradition for this title, but it is important for our municipal government to
change to adapt to the times… this is one of those items that needs to be
updated to reflect reality. When I talk with family and friends, they also
agree with this change and are likely the silent majority in Oshkosh. The
"Mayor" title also falsely lends the impression that the role has more
authority than it does. While the "Mayor" title might have some "swagger,"
we would not want the person in this role to falsely assume more control
than what our system of governance allows. Our School Board and County
Board also have the leaders of their respective boards with similar titles, so
this change would bring consistency to our local government. A "Council
President" is the true title for this role, and this change absolutely needs to
be made so that Oshkosh can truly have a professional approach to
governance. Thank you, Eric Shimon, 354 Windingbrook Drive - Oshkosh,
WI 54904
Council Member Buelow thanked the Mayor for bringing this forward. Buelow
stated that this topic needs to be talked about and more education for the
public is important.
Motion To Approve Paul Esslinger
Second LaKeisha Haase
AYE:Mayor Matt Mugerauer, Joe Stephenson
No:Lynnsey Erickson, Karl Buelow, Paul Esslinger, LaKeisha Haase
2 - 4 Failed
Ord 24-151 Amend Titles of Mayor and Deputy Mayor to Council President and
Council Vice President within Ordinances, Policies, Documents and in Other
References
WITHDRAWN
NEW ORDINANCES - No formal action was taken at this meeting on the items marked
with an asterisk (*)
*Ord 24-152 Add Bus Loading Zone on Algoma Blvd. in Front of Read Elementary
School
*Ord 24-153 Amend Sections 6-3, 6-8, and 6-19 of Chapter 6 Pertaining to Limit on
Number of Animals and Commercial Kennels
*Ord 24-154 Approve Zone Change from Suburban Mixed Use District (SMU) to
Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for
Property Located at 555 South Washburn Street (Plan Commission Recommends
Approval)
*Ord 24-155 Approve Text Amendments to the Zoning Ordinance (Plan Commission
Recommends Approval)
Ord 24-156 Amend Section 20-13 of the City of Oshkosh Municipal Code Pertaining to
Lead Service Line Replacement (Staff Recommends Waiving the Rules and Adopting
on First Reading)
Motion to Waive the Rules Karl Buelow
Second Joe Stephenson
AYE: Joe Stephenson, Karl Buelow, LaKeisha Haase, Lynnsey Erickson, Mayor
Mugerauer
NO: Paul Esslinger
5-1 Carried
Council Member Esslinger asked why the rules are recommended to be
waived. Esslinger feels strongly that waiving the rules is questionable.
Assistant Director of Public Works Steve Gohde clarified that the time scheduled
to close on this with DNR, needing all paperwork to be prepared, and eligibility
for funding had a tight timeline. Contractors can start the construction early
and begin replacing public side lead pipes.
City Manager Rohloff expressed that without this approval, the city could not
begin to help residents with this program.
Attorney Lorenson followed up by explaining that the preparation of the forms
and deadlines with the DNR had been a challenge. Waiving the rules and
passing this ordinance this evening would allow the necessary documents to
get finalized.
Assistant Director of Public Works Steve Gohde noted that Oshkosh is the first
City to get this lead service line though, it has taken time and was supposed to
be available last July.
Council Member Stephenson requested some background on this program,
how it has been utilized, and what the plan is moving forward.
Assistant Director of Public Works Steve Gohde noted the current program is
essentially a 50% reimbursement program, meaning the property owners would
pay the contractor they selected off a preapproved list, would pay the
contractor, submit the invoice to the city, the city would then reimburse the
property owner half of the cost of their lead service line up to $2000. The new
program with the new funding source is not an entirely principal forgiveness
loan (whereas the old program was). The new program is a full loan of which
50% can be principal forgiven to the city. The difference is that the city has to
spend the full amount to be able to get that 50% principal forgiveness. As a
result, the city is going to be paying the contractors directly for the lead service
line replacement cost that the homeowner selects and then simultaneously
enter into a loan with the property owner for repayment of 50% of the amount
up to $2700, which was the initial ordinance recommendation.
Council Member Stephenson asked if this was primarily for reconstruction or for
people who elect to have the city replace their line?
Assistant Director of Public Works Steve Gohde noted that anyone with a private
service line is eligible. The only time that it becomes a requirement is if the line is
disturbed. A repair or partial replacement on a lead service line is not possible.
Gohde noted that the last of the private side laterals were most likely done 80
years ago, and those lines don't have to be replaced if they are not disturbed.
Council Member Stephenson stated that he did not have an issue, but wanted
to point out that the city is not going through everyone's property and trying to
rip up all their lead pipes. The city is doing this on a piecemeal basis, trying to
make sure over time they get rid of lead pipes. Stephenson also wanted to note
that the city has options for helping residents in low-income areas. Getting rid of
lead laterals is important. It's also equally important to make sure that the
residents who can't afford a replacement the city has a process in place to
help.
Attorney Lorenson reiterated that it's two ordinances and a resolution being
brought forward. The first ordinance makes changes to the plumbing code. The
second ordinance makes changes in the water chapter. Those changes are
based on model ordinances received by the state and the resolution updates
the current policy.
Council Member Esslinger asked if a resident could do their own replacement if
the road is not being reconstructed and if they could still be part of the
program.
Assistant Director of Public Works Gohde explained that they could elect to
have it done on their own. The only caveat is that it needs to be coordinated
with the city, because if the city's portion is still lead, they need to coordinate to
make sure the city side can be replaced as lead-free within a 90-day window.
Esslinger asked if the city notifies residents if they will be eligible before a road is
being reconstructed. Esslinger stated, "I would assume the city will notify the
residents that they must change the lateral even though there's nothing wrong
with it."
Assistant Director of Public Works Steve Gohde stated that his department is
trying to get ahead of this, which is part of the inspection process. If there's
nothing wrong, any disturbance increases the lead release from the pipe and
increases the health risk to the people residing at that house. That is how the
ordinance has been since 2017.
Council Member Esslinger asked if a resident's road is being reconstructed, and
if they have lead, are they going to be required to fix what is disturbed?
Assistant Director of Public Works Gohde replied yes.
Mayor Mugerauer noted that education to homeowners and property owners
about the options available and any change can cause confusion. Therefore,
he hopes that staff can get the mailings out as soon as possible. The Mayor
stated that many of the roads being reconstructed are through
disadvantaged parts of our community and having a loan program available
to them reduces that burden.
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
Ord 24-157 Amend Chapter 28 of the City of Oshkosh Municipal Code Pertaining to
Water to Reorganize the Chapter, Create an Article Pertaining to Rates and Charges
within the Ordinance, and Create an Article Providing for a Lead Service Line
Replacement Financing Program (Staff Recommends Waiving the Rules and
Adopting on First Reading)
Motion to Waive the Rules Lynnsey Erickson
Second Karl BuelowSecond
AYE: Joe Stephenson, Karl Buelow, LaKeisha Haase, Lynnsey Erickson, Mayor
Mugerauer
NO: Paul Esslinger
5-1 Carried
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
NEW RESOLUTIONS
Res 24-158 Adopt Updated Lead Service Line Replacement Policy
Motion To Approve Karl Buelow
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
Res 24-159 Approve Amendment to TID No. 43 TIF Development Agreement with The
Mill on Main PH 1, LLC
COUNCIL DISCUSSION:
Mayor Mugerauer asked Community Development Director Nieforth for a brief
explanation as to why we are seeking an amendment.
Community Development Director Nieforth commented that she and City
Manager Rohloff recently met with the developers to see how planning was
going. The developers confirmed they are still on track for construction this fall,
with anticipated occupancy in 2026. The developers stated that they have
every intention of beginning this project. They are currently seeking additional
lending
Council Member Stephenson understands that lending at this time can be
challenging and has no problem granting this amendment.
City Manager Rohloff reiterated that the developers are not changing the
scope of this project and intend to move forward as originally presented.
Council Member Buelow agrees with this amendment and how important it is
for developers to be diligent.
Council Member Stephenson clarified that according to the City's TIF policy,
development incentives are not issued until after the build.
Motion To Approve Karl Buelow
Second Paul Esslinger
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
Res 24-160 Approve TID No. 29 TIF Development Agreement with ThedaCare, Inc.
CITIZEN COMMENTS:
John Durda, 65 Hidden Ravines Dr., Powell, Ohio, Hplex Solutions for Froedtert
ThedaCare
Matt Wille, 478 Hawthorne St, Neenah, Froedtert ThedaCare Health
Both were available to answer any question council may have.
COUNCIL DISCUSSION:
Council Member Buelow mentioned that the term "corporate welfare" was used
a few times and asked City Manager Rohloff to explain.
City Manager Rohloff noted that is a common phrase the city gets regarding
developments. The riverfront has a long legacy of remediation and the city's
policy is to assist any development along the river. Rohloff reminded council
that this property was purchased from a private landowner at a market rate
and regardless, any development on this site would have required remediation.
Froedtert ThedaCare Health chooses to come to Oshkosh. This is a good
project.
Council Member Buelow stated that this is an excellent project – this is not a
handout to Froedtert ThedaCare Health, and this project is fantastic.
Mayor Mugerauer echoed City Manager Rohloff's comments and reminded
attendees that this project is bringing good paying jobs to our downtown area.
Mugerauer stated that this project is bringing people back downtown, a huge
win for Oshkosh.
Motion To Approve Paul Esslinger
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
Res 24-161 Approval of South Shore Redevelopment Area Project Plan Amendment 3
(Redevelopment Authority Recommends Approval)
COUNCIL DISCUSSION: 24-161 and 24-162
Mayor Mugerauer asked Community Development Director Nieforth to briefly explain
these resolutions.
Community Development Director Nieforth and Planning Services Manager Mark
Lyons explained how this is an economic development tool we can use. Per state
statutes, the city is allowed to create redevelopment areas which are areas the city
believes are positioned for redevelopment. Planning Services Manager Mark Lyons
explained that 24-161 and 24-162 go together. This step is to amend the
redevelopment area so that boundaries do not cross each area. These resolutions
are designed to designate specific boundaries for the redevelopment areas.
Community Development Director Nieforth and Planning Services Manager Mark
Lyons continued to describe the redevelopment area and outlined the boundaries.
Nieforth reiterated that this is a long-term plan and community development staff
held open houses with residents and mailed information to residents reminding them
that this is a future plan. This was an opportunity to educate residents if and when
development takes place and what opportunities the residents have.
Motion To Approve Lynnsey Erickson
Second Joe Stephenson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
Res 24-162 Approval of Sawdust District Redevelopment Area Project Plan
(Redevelopment Authority Recommends Approval)
Motion To Approve Paul Esslinger
Second Lynnsey Erickson
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Council members Stephenson and Buelow both requested a workshop on buried
utilities.
Update on Boards and Commissions (Buelow)
Council Member Buelow requested a discussion and update from council
liaisons to see if there were any issues with the changes to Boards and
Commissions that took place 10 months ago:
Council Member Buelow reported no issues with quorum on the boards he
serves. Council Member Buelow also noted that he received an email from
Council Member Ford stating no issues with Long Range Finance or the Oshkosh
Visitors Bureau.
Deputy Mayor Erickson stated that the Transportation Committee had no issues.
Since the reorganization of this committee, meetings have remained relevant
and the new committee uses their time efficiently.
Council Member Stephenson said that the meetings had gone very well. There
have been no quorum issues and members are engaged. Stephenson raised
the question about the BID Board and its history.
Community Development Director Nieforth stated that the BID is different and is
not a city board/commission. If a Council member is required to serve on the
BID, the BID would have to change its bylaws to include a council liaison. The
city does have staff liaisons with the BID Board.
Council Member Haase questioned why BID meetings were not
recorded/televised.
City Manager Rohloff reminded council that not all committee meetings are
taped. Rohloff stated that we do not have the capability to tape/televise all
BCC's. This would require additional staff.
Council Member Haase requested that the addition of taping/televised
meetings be looked at (maybe funded through ARPA). Haase also reported
that as the SAB and DEI liaison, there were no quorum issues, both committees
are very efficient and get things done.
Mayor Mugerauer noted that the Parks Board and RDA had no issues.
Council Member Buelow thanked the council and appreciated the feedback.
Buelow noted that it is always a good idea to check-in, especially when
change is involved.
Organizational Meeting - April 16th at Noon
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS - None
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
City Manager Rohloff gave an update on the items below:
Professional Services Agreement with AECOM for 2024 Water Distribution System Leak
Detection Services ($31,600)
Professional Services Agreement with Total Security and Safety Inc. for Loss Prevention
Services ($57,750.00)
Cooperative Purchase of 2024 Rugged Laptops from TKK Electronics LLC for IT Division
($67,540.26)
American Rescue Plan Act (ARPA) Grant Funding Update
Bunny Events with Oshkosh Parks Department - March 30th, Sunnyview Expo Center
Outstanding Issues
MOTION TO ADJOURN - 7:29 PM
Motion To Approve Paul Esslinger
Second LaKeisha Haase
AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Paul
Esslinger, LaKeisha Haase
6 - 0 Passed
SUBMITTED BY
DIANE BARTLETT
CITY CLERK