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HomeMy WebLinkAboutMinutes_11.26.2024CITY COUNCIL MINUTES 11.26.24 CALL TO ORDER (6:00 p.m.) ROLL CALL Present:Matt Mugerauer, Mayor; Kris Larson; Joe Stephenson; Karl Buelow, Deputy Mayor; Paul Esslinger; DJ Nichols; Jacob Floam Staff:Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk INVOCATION - VOTING FIRST : Council Member Stephenson PLEDGE OF ALLEGIANCE: Perry Tipler Middle School INTRODUCTION OF STAFF Emily Rock, Curator at the Oshkosh Public Museum K9 Gema, Oshkosh Police Department Therapy Dog CITIZEN STATEMENTS TO COUNCIL - none CONSENT AGENDA ITEMS: Report of Bills Receipt & Filing of Minutes - Museum Arts and Culture Board, 10.09.2024 Receipt & Filing of Claim Filed with the City's Insurance Company - Watson Res 24-594 Approve Conditional Use Permit Amendment Request for a Second-Floor Bar and Patio Addition at 701 North Main Street (Parcel 1100950200) (Plan Commission Recommends Approval) Res 24-595 Approve 2025 Across-the-Board Market Increase for Non-Represented Employees Res 24-596 Authorize GO Transit to Apply for 2025 FTA & WisDot Operating Assistance Grants and County Transportation Assistance Res 24-597 Approve Reallocation of $500,000 in the 2024 Parks Department Capital Improvement Program Budget from Funding Design Services for the Menominee Park Parking Lot and Reetz Fields to Fund Design and Construction of a New Restroom/Concession Stand at Reetz Fields (Advisory Park Board Recommends Approval) Res 24-598 Approve Amendment to the 2024 Capital Improvement Budget for Pollock Water Park Replastering Project (Advisory Park Board Recommends Approval) Res 24-599 Approve Acceptance of Donation and Amendment to Operating Budget for Oshkosh Seniors Center for Programming Software Subscription to GetSetUp.com ($15,000.00) Res 24-600 Approve Budget Amendment for 2025 Fire Special Revenue Fund Assistance to Firefighters Grant to Accept Revenue and Approve Increases in Expenses ($37,337.05) Res 24-601 Approve Professional Services Agreement with AECOM for Environmental Support for 2025 Capital Improvement Projects (CIP) ($134,595.00) Res 24-602 Approve Initial Resolution for Special Assessments for 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. 25-04 Bay Shore Drive (Broad Street to Mill Street) Broad Street (Bay Shore Drive to 75' North of Bay Shore Drive) Bay Street (100' North of Bay Shore Drive to the Fox River) Res 24-603 Approve Initial Resolution for Special Assessments for 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. 25-05 Waugoo Avenue (Rosalia Street to Lake Winnebago) Sweet Street (Waugoo Avenue to 75' North of Waugoo Avenue) Shorelane Street (Waugoo Avenue to 75' North of Waugoo Avenue) Res 24-604 Approve Initial Resolution for Special Assessments for 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. 25-08 Central Street (West New York Avenue to West Bent Avenue) Tennessee Avenue (Central Street to 75' East of Central Street) West Custer Avenue (100' East and West of Central Street) West Nevada Avenue (75' East and West of Central Street) West Bent Avenue (75' East and West of Central Street) Res 24-605 Approve Initial Resolution for Special Assessments for 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. 25-09 Michigan Street (West 7th Avenue to 150' South of West 11th Avenue) West 8th Avenue (100' East and West of Michigan Street) West 9th Avenue (100' East and West of Michigan Street) West 10th Avenue (100' East and West of Michigan Street) West 11th Avenue (Ohio Street to 100' East of Michigan Street) Ohio Street (100' North and South of West 11th Avenue) Res 24-606 Approve Initial Resolution for Special Assessments for Sanitary Sewer Laterals (New and Relay) and Water Main and Laterals (New and Relay) Relating to Contract No. 25-12 National Avenue (North Lark Street to North Sawyer Street) Lark Street (Witzel Avenue to Southland Avenue) Faust Avenue (North Lark Street to North Sawyer Street) Res 24-607 Waive Bids and Approve Purchase of Manhole / Inlet Castings for Public Works Department ($230,650.00) Res 24-608 Amend CIP and Award Bid for Public Works Contract No. 25-04 to Carl Bowers & Sons Construction Company, Inc. for Bay Shore Drive and Bay Street Reconstruction ($2,074,723.67) Res 24-609 Approve Amendment to the 2024 Operations Budget -- Oshkosh Public Library for Funding from Winnebago County to Support Hoopla and Library Programming ($12,494.00) Res 24-610 Award Bid to Wheel and Sprocket for 14 "Procaliber 6" Trek Bikes for Police Department ($32,684.82) Res 24-611 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Stevens Park ($275,000.00) Res 24-612 Approve Professional Services Proposal from Lee Recreation, LLC for Playground Design and Installation for Rainbow Memorial Park ($275,000.00) Res 24-613 Approve Cooperative Purchase of Truck Chassis from Truck Country of Wisconsin, Inc. and Automated Side Loader from Scranton Manufacturing Company/Envirotech Equipment for Sanitation Division ($328,377.44) Res 24-615 Approve Change Order No. 1 (Final) for Berglund Construction Company for Masonry Repairs/Loading Door Improvements for Public Museum (+$30,658.00) Res 24-616 Approve Change Order No. 1 (Final) for SMA Construction Services LLC for New 3rd Avenue Storage Facility for Police Department (+$43,471.08) Res 24-617 Approve Change Order No. 1 (Final) for Cardinal Construction Company, Inc. for Waldwic Gallery Renovation for Public Museum (+$34,340.30) Res 24-618 Approve Special Event - Anglers in Action Inc. to Utilize Menominee Park Millers Bay and Boat Launch Parking Lot to Host the Cold Water Classic, January 25, 2025 Res 24-619 Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 8, 2025 Res 24-620 Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 24 & 25, 2025 Res 24-621 Approve Special Event - Oshkosh Festivals, LLC to Utilize City Streets for the Crossroads 41 Event, August 6 Through August 9, 2025 Res 24-622 Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 30 & August 31, 2025 APPROVE CONSENT AGENDA ABOVE Motion To Approve Deputy Mayor Karl Buelow Second Paul Esslinger AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed ITEMS REMOVED FROM CONSENT AGENDA Res 24-614 Approve Purchase of 2025 iasWorld Software as a Service (SaaS) Agreement from Tyler Technologies, Inc. for IT Division ($130,100.00) Councilor Larson requested an explanation from community development director Kelly Nieforth regarding the software program being purchased and used for the upcoming assessment. Nieforth confirmed that this software is used throughout the city and not during our assessments. City Manager Rohloff also confirmed that this purchase is recommended by our IT division because of the interface and compatibility with our other programs used throughout the city. Motion To Approve Paul Esslinger Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed PENDING ORDINANCES Ord 24-623 Cancel December 24, 2024 Council Meeting Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Ord 24-624 Create Temporary Ordinance Prohibiting Alcohol in City Parks (AMENDED TO OPERA HOUSE SQUARE ONLY) Lynnsey Erickson Representing the Winnebago Public Health Dept. 112 Otter Street, Oshkosh Ms. Erickson stated that an ordinance would have a disproportionate effect on the homeless. Ms. Erickson believes that this ordinance is singling out homelessness and targeting the homeless population in Opera House Square. Erickson believes that this ordinance interferes with the connection that the public health department has with people living/sleeping in Opera House Square and is afraid that this ordinance will interfere with their connections. Temporarily banning alcohol in parks is not going to solve the larger problem of homelessness in Oshkosh. Erickson urged the council to consider the longer, deeper effects of this ordinance and the impacts of potentially unintended consequences. Council members discussed the specifics of the ordinance: Councilor Floam motioned to amend this ordinance to include Opera House Square only. Councilor Nichols asked Police Chief Smith to address the larger issues of the problems that come when someone is over-served Police Chief Smith stated that people's ability to think clearly begins to diminish with alcohol consumption. "We have business owners within the downtown area that have witnessed many of these occurrences and OPD gets multiple emails and requests to do something to help. This along with other initiatives are working towards that solution. This is just one tool that OPD can use to help in the downtown area. Councilor Nichols feels that this ordinance will hurt the ability of our police department to work with our homeless population in the future. Councilor Stephenson agrees with Ms. Erickson and Councilor Nichols. Stephenson is not comfortable eliminating drinking in city parks. Councilor Esslinger feels that this ordinance should not be amended and be citywide. Deputy Mayor Buelow does not agree with the amendment and will be voting no. Councilor Larson confirmed that this ordinance/issue is separate from the DORA and reiterated that the council amends/approves DORA twice a year to be specific so it is not abused. Larson agrees with Floam that limiting this to the area where it is an issue for business owners is a good option. Deputy Mayor Buelow does not believe that this ordinance is good for city residents. Buelow does not believe that this ordinance serves the unhoused population or the population as a whole. Councilor Larson stated that this ordinance is not perfect, and he is here representing the business district and the issues at hand that this ordinance will hopefully address. Larson also stated that this is not the only way to curb disturbing and bad behavior. Councilor Esslinger stated that there is no silver bullet that will solve the issue of homelessness, but believes that steps have to be taken to address this issue, and it does take time. I am not happy with this ordinance change, but I understand it, and OPD needs to have this as a tool. Councilor Floam believes that conversation and enforcement are one of the tools needed to reinforce and help the homelessness issue in Oshkosh. While this ordinance is not perfect, Floam will be voting yes and looks forward to more conversations to help broaden the conversations to help solve the homelessness issue. Councilor Nichols asked for clarity regarding ordinances and state laws on public urination noise and battery. The city attorney confirmed that some may be criminal and some are through city ordinance citations. Nichols asked Police Chief Smith how this ordinance would be enforced. Chief Smith stated that this is more about prevention and education, and this ordinance will give them the tools to start those conversations. The Oshkosh Police Department is not in the business of issuing citations, but in fact, wants to have the conversation and educate the public. Smith reiterated that OPD gives a lot of warnings, and does not issue tickets right out of the gate. Councilor Stephenson does not doubt that the police department and its staff are doing the right thing. Stephenson believes that we as a community need to start accepting others. Regardless of how they look or where they are sitting. Stephenson appreciates the BID and staff for coming up with ideas to address these issues. Deputy Mayor Buelow is concerned that we are limiting it to one park for four months and wonders how can data be measured. How do we know this is successful, he asked. Police Chief Smith stated that there is no way to measure, but we are creating an opportunity. We are showing the business community that we are taking steps to help them. This will be beneficial to the homelessness outreach program. This ordinance also allows us to slow things down. Smith does not see this going past March. Councilor Larson believes that this ordinance is important for business owners and also believes that it is not just the homeless that are causing the issues, others are coming to the location and misbehaving also. Buelow can only state that he is a no on this today, but does not know how he would vote in the future if this were to be laid over to a future date Mayor Mugeruaer asked Chief Smith if this ordinance would set back the homeless outreach efforts being initiated. Smith stated that OPD is already doing interactions with people in the community regarding this issue. Mayor Mugerauer stated that we do have to realize that we are doing what is best for us right now in the City of Oshkosh. Councilor Nichols stated that his interpretation of this ordinance is that we are going to make homeless people sober in our parks and is not going to address the issue of homelessness. Nichols does not believe this is a good solution. Deputy Mayor Buelow wanted to address many of the emails that he had received. Buelow noted that he and Councilmember Larson have attended many meetings throughout the years. They are working on the homelessness issue in Oshkosh and why many of the tasks fall on the police department... The police department is the only department that has taken the initiative and stated that it would help work on these issues no other entity has stepped forward to deal with the rise in homelessness. Councilor Floam stated that the work with the Winnebago County Health and Human Services will be critical. This agency is better equipped to handle homelessness than the city government. Floam has no doubt that OPD will work with the county and put a plan together. Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Kris Larson, DJ Nichols, Jacob Floam No:Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger 4 - 3 Passed NEW ORDINANCES: no formal action taken at this meeting *Ord 24-625 Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval) *Ord 24-626 Amend Section 27A-11 of the Municipal Code to Update Parking Regulations on South Main Street Between the Fox River and W. 9th Avenue (Transportation Committee Recommends Approval) *Ord 24-627 Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval) *Ord 24-628 Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval) *Ord 24-629 Amend Section 27-35 and Appendix 27B of the Oshkosh Municipal Code Pertaining to Parking Regulations Within City-Owned Parking Lots in Relation to the Construction of the New East 9th Avenue Parking Lot (Transportation Committee Recommends Approval) *Ord 24-630 Amend Portions of Chapter 4 of the City of Oshkosh Municipal Code Pertaining to Alcohol Beverages -- License Investigations, Granting and Issuance of Premises and Operator's Licenses The council and staff discussed postponing this ordinance or layover indefinitely. Both discussed Roberts Rules vs Council Rules etc. Councilor Larson moved to withdraw this ordinance indefinitely and wanted clarification on why this amendment is being presented. Attorney Lorenson cited new laws that were passed earlier in 2024 as the cause for bringing these specific changes forward. Currently, the city takes all the necessary steps, but this ordinance will lay out specifically what each department does pertaining to issuing a liquor license. City Manager Rohloff noted that these topics have been discussed throughout state conferences. Attorney Lorenson noted that the city is not adding new steps or requirements in applying for licenses. Council and staff also discussed the additional wording and meaning behind these changes/additions. *Ord 24-631 Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses PENDING RESOLUTIONS Res 24-632 Amend Approved Designated Outdoor Refreshment Area (DORA) for the Downtown Business Improvement District (BID) Area 2024/2025 to Remove City Park Property and Sidewalk Adjoining Opera House Square Park Councilor Larson noted that this is purely formality. Again, Dora is approved/amended twice a year removing one overlay from the other. Councilor Stephenson asked if the ordinance just approved and this ordinance is a direct conflict. Councilor Nichols requested clarification if this would include the sidewalk around the park or if it would include just the park that was previously voted against. City Attorney Lorenson stated that she does not believe so, but the door would still be open to allow drinking on the sidewalks around the park. Police Chief Smith noted that this is the council acknowledging DORA and what we have already done. Motion To Approve Deputy Mayor Karl Buelow Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed NEW RESOLUTIONS Res 24-633 Direct City Staff to Excuse Parking Tickets Issued to Early In-Person Voters Most Council members are very appreciative of this action. Mayor Mugerauer believes these individuals should have obeyed the parking laws. Motion To Approve Paul Esslinger Second Kris Larson AYE:Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam No:Mayor Matt Mugerauer 6 - 1 Passed Res 24-634 Approve General Development Plan and Specific Implementation Plan for New Clearwells at 425 Lake Shore Drive (Plan Commission Recommends Approval) Motion To Approve Kris Larson Second Deputy Mayor Karl Buelow AYE:Mayor Matt Mugerauer, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam No:Kris Larson 6 - 1 Passed Res 24-635 Approve Conditional Use Permit Request for a Temporary Use Permit Extension for New Clearwells Construction Staging at Property Located on the East Side of the 400 Block of Lake Shore Drive (Parcel 1100950200) (Plan Commission Recommends Approval) Council discussed the reasoning for separating the"clearwells" project and the "landscaping" project that will be done after the Clearwells are done. Most council members understand the necessity of doing this (separately) so the main project can continue without delay. Public Works Director Rabe reiterated that this will not impede or slow down the completion of the Clearwells project and this ordinance covers the work being done inside the fence. Motion To Approve Paul Esslinger Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Res 24-636 Approve Partial Land Acquisitions at 3277 and 3290 Meadowbrook Road (Plan Commission Recommends Approval) Dan Binder, 3277 Meadowbrook Mr. Binder is not happy with the assessments that may be made due to the acquisitions and potential sewer that will be installed in the area. All residents on that road have a working well and septic and do not want to "hook up" Councilor Nichols requested clarification that this particular resolution does not require any individual to "hook up" Economic Development Director Nieforth confirmed - this is for the right of way only. City Manager Rohloff confirmed that this does not HAVE to be done now. The city will continue discussions with residents in this area. Mr. Binder noted that he had already received the assessments. Public Works Director Rabe confirmed that the information sent was just that, information. No assessments have been levied against any properties on Meadowbrook. Motion To Approve Paul Esslinger Second Kris Larson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Discussion and Direction to City Manager West 7th Avenue Reconstruction Update City Manager Rohloff gave a brief update from City Engineer Girech, who has been in contact with two different consultants and will provide guidance and a scoop/budget. It is anticipated that the cost and details will be provided soon. Future Agenda Items, Meetings, and Workshops Mayor Mugerauer would like the special assessment topic to continue on the outstanding issues. The Mayor proposed some form of education for the current council on the policies for the special assessment formula to help the current council understand this issue moving forward. Councilor Larson would like something more than just a memo. Presentation from Oshkosh Area Humane Society (TBD) Councilor Esslinger stated that this may be possible at the first meeting in January. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS City Manager Recruitment Update (Mayor Mugerauer) Mayor Mugerauer gave a brief update on the recruitment and process for the new City Manager. Although no announcement is being made this evening the council will keep city residents and staff informed. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Professional Services Agreement with AECOM for 2025 Storm Water Management Assistance ($31,750) Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2025 ($40,000) Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2025 Capital Improvement Projects ($60,000) Professional Services Agreement with AECOM for 2025 Water Distribution System Leak Detection Services ($35,000) Outstanding Issues City Manager Rohloff noted that he would add the requested items, so these topics would not be lost in the transition. CLOSED SESSION (Room 404, City Hall) The Common Council may convene into closed session pursuant to Section 19.85(1) (e) of the Wisconsin Statutes, where competitive or bargaining reasons require a closed session (specifically, review of options for future of city hall). Motion: Buelow Second: Stephenson Carried 7-0 ADJOURN: 8:26 pm Motion To Approve DJ Nichols Second Joe Stephenson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed SUBMITTED BY DIANE BARTLETT, CITY CLERK THE FULL AUDIO RECORDING OF THIS MEETING IS AVAILABLE ON OUR WEBSITE.