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Home My WebLink AboutMinutes_12.10.2024CITY COUNCIL MINUTES 12.10.24 CLOSED SESSION (5:15 p.m., Room 402, City Hall) The Common Council convened into closed session pursuant to Section 19.85(1)(c) of the Wisconsin Statutes, when considering the employment of any public employee over which the Common Council has jurisdiction and exercises responsibility, and under Section 19.85(1)(e) of the Wisconsin Statutes, where competitive or bargaining reasons require a closed session (specifically, to consider the appointment and salary of interim city manager). 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; Dave Praska, Deputy City Attorney; Diane Bartlett, City Clerk; John Fitzpatrick, Assistant City Manager/Director of Administrative Services; INVOCATION - VOTING FIRST: Council Member Nichols PLEDGE OF ALLEGIANCE: Lourdes Academy Elementary and Middle Schools PROCLAMATIONS: Council, Mayor Muguerer, and Representative Lori Palmeri all recognized City Manager Mark Rohloff for his years of service and his dedicated work ethic. CITIZEN STATEMENTS TO COUNCIL - none CONSENT AGENDA ITEMS: Report of Bills October 2024 Financial Report Receipt & Filing of Minutes - Library Board October 31, 2024 Regular Meeting November 5, 2024 Special Meeting Receipt & Filing of Minutes - Common Council Receipt & Filing of Claim Filed with the City's Insurance Company - Ewing Res 24-637 Award Bid to MTI - Mechanical Technologies Inc. for HVAC Improvements for Field Operations Center ($24,158.00) Res 24-638 Award Bid to Cardinal Construction Company, Inc. for Signage Improvements for Oshkosh Public Museum ($50,641.00) Res 24-639 Award Bid to Various Vendors for Chemicals for the Water Filtration/Wastewater Treatment Plants for 2025 (Various Amounts) Res 24-640 Award Bid to Environet Inc. of Wisconsin for Asbestos Abatement of 929 Winnebago Avenue (former Washington Elementary School) for in Preparation for Raze and Removal of Building ($19,925.00) Res 24-641 Award Bid to Wolverine Construction LLC for Raze and Remove of 929 Winnebago Avenue (former Washington Elementary School) for Workforce Housing ($173,000.00) Res 24-642 Approve Cooperative Purchase of Two Truck Chassis from Truck Country of Wisconsin, Inc. and Two Dump Bodies, Plows, Wings, and Tailgate Spreaders from Monroe Truck Equipment for Street Division ($638,053.30) Res 24-643 Amend 2024 Capital Improvement Plan and Approve Purchase for Acquisition in 2027 the Purchase of One Ambulance from Emergency Vehicles Plus for Fire Department ($482,431.00) Res 24-644 Approve Salary Progression for City Manager in Accordance with Employment Agreement Res 24-645 Approve Professional Services Agreement with Kane Communications Group for 2025 Strategic Communications Plan ($266,500) Res 24-646 Approve Professional Services Agreement for 2025 -- 2027 Illicit Discharge Detection and Elimination Outfall Screening and Revisions to the Ongoing Screening Program with Westwood Professional Services, Inc. ($97,130) Res 24-647 Approve Acceptance of Waiver of Special Assessment Notices and Hearings for 4" Concrete Sidewalk Relating to Contract No. 24-02 Res 24-648 Amend Final Resolution for Special Assessments for Sidewalk (New and Rehabilitation), Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay) Relating to Contract No. 24-02 / 543 Waugoo Avenue with Signed Waiver Res 24-649 Approve Acceptance of Waiver of Special Assessment Notices and Hearings for New Water Service and New Sanitary Sewer Lateral Relating to Contract No. 24-01 Res 24-650 Approve Acceptance of Waiver of Special Assessment Notices and Hearings for Sanitary Sewer Lateral Relay Relating to Contract No. 24-07 Res 24-651 Amend Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay) Relating to Contract No. 24-07 / 616 Prospect Avenue with Signed Waiver Res 24-652 Approve CIP Amendment and Approve Revision #1 to State/Municipal Financial Agreement with the Wisconsin Department of Transportation for the Resurfacing of Jackson Street from Murdock Avenue to I-41 Res 24-653 Award Bid for Public Works Contract No. 25-08 to Dorner, Inc. for Central Street Reconstruction ($2,502,349.20) Res 24-654 Approve Professional Services Agreement with Robert E. Lee & Associates, Inc. for 2025 Environmental Monitoring Services -- Knapp Street Quarries Landfill (License 4624), Kienast-Paulus Quarries Landfill (License 4634), and Timmerman Farm Landfill (License 4203) ($109,749) Res 24-655 Authorize the Director of Community Development to Sign Documentation Required for Environmental Reviews Associated with Projects Funded by Community Development Block Grant Funds Res 24-656 Accept Sidewalk Easement at the Northeasterly Corner of South Main Street and East 7th Avenue (600 South Main Street) (Plan Commission Recommends Approval) Res 24-657 Accept Access Easement at 420 Division Street Adjacent to the 400 Block West Parking Lot Located Over Part of the Southeasterly Portion of Vacated Ivy Place West of Division Street from Stapel Properties LLC (Plan Commission Recommends Approval) Res 24-658 Grant Access Easement at 17 Church Avenue (400 Block West Parking Lot) Located Over Part of the Northerly Portion of Vacated Ivy Place West of Division Street to 420 Division Street (Stapel Properties LLC) (Plan Commission Recommends Approval) Res 24-659 Accept Water Main Easement at the Northwest Corner of West Snell Road and Jackson Street (Parcel 1260010000) from Snell Holdings LLC (Plan Commission Recommends Approval) Res 24-660 Approve Specific Implementation Plan Amendment for Drive-Through Sign at 525 South Washburn Street (Plan Commission Recommends Approval) Res 24-661 Approve Land Acquisitions from Part of 110 Algoma Boulevard and 138 Algoma Boulevard (Plan Commission Recommends Approval) Res 24-662 Approve Land Disposition of Part of 17 Church Avenue (400 Block West Parking Lot) to 110 Algoma Boulevard (Plan Commission Recommends Approval) Res 24-663 Approve Class "B" Beer Fermented Malt Beverage Res 24-664 Approve Special Class "B" License(s) APPROVE CONSENT AGENDA ABOVE Motion To Approve Jacob Floam Second Kris Larson 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: none PENDING ORDINANCES Ord 24-665 Approve Request to Annex to the City from the Town of Oshkosh, 4434 Island View Drive, Parcel 01805930000 (Plan Commission Recommends Approval) Motion To Approve Jacob Floam 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 24-666 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) 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 Ord 24-667 Amend Section 27A-11 of the Municipal Code to Extend No Parking Regulations on the West Side of Dove Street (Transportation Committee Recommends Approval) 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 Ord 24-668 Amend Section 27-14 of the Municipal Code Truck Routes Designated (Transportation Committee Recommends Approval) 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 Ord 24-669 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) 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 Ord 24-670 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 Councilor Nichols would like to lay this ordinance over until the zoning ordinance has been completed and reviewed, as it falls in conjunction with liquor licensing. Nichols would also like a memo specifying in the zone change what we are doing and why, how many current licenses we have, and how the process will change. Councilor Larson added he disliked what has been proposed so far, as there are more than just zoning changes being made. Larson would like council to be part of the discussion of changes made in the liquor licensing process. Mayor Mugerauer suggested a workshop on this topic as it could be a free- flowing discussion versus a structured environment as a council meeting has. Deputy Attorney Praska reminded council that liquor licensing renewal and outside special events are approaching soon, and a process will need to be put in place. LAYOVER 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 Ord 24-671 Create Chapter 4 Article III-A Pertaining to Alcohol Beverages - Issuance of Special Class "B" and Special "Class B" Licenses Councilor Larson thanked staff for their time in putting this together. Motion To Approve Kris Larson Second Joe Stephenson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.) *Ord 24-672 Approve Zone Change from Institutional (I) District to Urban Mixed Use District (UMU) for Part of 240 Algoma Boulevard (Plan Commission Recommends Approval) NEW RESOLUTIONS Res 24-673 Approve Memorandum of Understanding with The Grand Oshkosh, Inc. (TGO) for One Opera House Square Capital Project City Manager Rohloff explained/summarized the agreement and expansion project at the Grand Opera House. The city proposed to cover half of the renovation expenses of five million dollars and the Grand is committed to development efforts for the other five million. To accommodate the Grand, the city has agreed to a three-year extension on their 5-year lease which would take it out to the year 2045. The idea behind this is the Grand is committed to maintaining and operating the Opera House for the city. Councilor Stephenson highlighted this project as a perfect example of a public/private partnership. The community is going to be given an outstanding performing art center. He thanked everyone who worked together on getting this completed before the end of the year. Mayor Mugerauer wished The Grand Board much success in their fundraising efforts and is very excited for this downtown space to draw more events and people. Councilor Floam encouraged all to look at the renderings. Motion To Approve Joe Stephenson Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed Res 24-674 Approve Amendment to The Grand Oshkosh, Inc. (TGO) Lease and Operating Agreement Motion To Approve Paul Esslinger Second Joe Stephenson AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed Res 24-675 Approve Combination "Class B" Beer/Liquor License Surrender, Amend Current Liquor License Business Name and Premise, and Issuance of Combination "Class B" Beer/Liquor License (X Golf) 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 24-676 Appoint Interim City Manager Mayor Mugerauer explained that this is an administrative function as City Manager Rohloff's last day is soon. Assistant City Manager Fitzpatrick will temporarily assume the duties of city manager until the position is filled, amending his salary as an increase of $1000 per paid period while serving as interim city manager. 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 Res 24-677 Approve Specific Implementation Plan Amendment for Pylon Sign at 1290 South Koeller Street (Plan Commission Recommends Denial) Councilor Esslinger does not feel the criteria for signage on Koeller Street is logical. He feels the rules should only include no sight obstructions. Councilor Nichols reached out to Planning for clarification. If the business wanted a ground sign during the original construction stage, they could have configured their parking lot for that particular sign to be within code. The purpose of this particular code is to have uniformity. Councilor Floam does not like to dictate to businesses how to operate, but there is a reason why we have policies in place, and he agrees with the Plan Commission recommendation. Deputy Mayor Below said he has been to places that don't have good codes and ordinances, and that he now appreciates the codes the city of Oshkosh has. He thinks it is important to set a standard and stick to it. Mayor Mugerauer agrees this should have been something the business looked at during the construction stage, then it could have been accommodated in some way. Now it would be very difficult to comply. Councilor Stephenson wants to be business-friendly but believes in enforcing the zoning code. Motion To Approve Paul Esslinger Second Deputy Mayor Karl Buelow AYE:Kris Larson, Paul Esslinger No:Mayor Matt Mugerauer, Joe Stephenson, Deputy Mayor Karl Buelow, DJ Nichols, Jacob Floam 2 - 5 Failed Res 24-678 Approve Professional Service Agreement with Associated Appraisal Consultants, Inc. for 2025 Property Assessment Revaluation ($285,000.00) Councilor Nichols thanked staff for putting this memo together and encouraged everyone to look at the agenda item and memo. You will learn a lot about what we are doing and why. 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 Res 24-679 Approve Professional Service Agreement with Associated Appraisal Consultants, Inc. for Three Year Annual Maintenance for Commercial Assessment Services ($202,500.00) 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 Res 24-680 Amend Resolution 24-413 Granting ARPA Funding for Development of a Multi-shift Child Daycare Facility, Approve City Grant Application to WEDC, and Approve City- Funded Development Grant and Development Agreement with The Corridor Development, LLC and Wisconsin Partnership for Housing Development, Inc., All in Relation to the Corridor Development to be Located in the 600 Blocks of Jefferson Avenue and North Main Street Councilor Stephenson noted that Oshkosh is on the map for this project. Many other municipalities are facing the same issues with affordable housing and daycare and Oshkosh is acting on the subject. Motion To Approve Kris Larson 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 Res 24-681 Approve Land Acquisition of 1226 Oshkosh Avenue, 1236 Oshkosh Avenue, Vacant Lots Previously Known as 1232 Oshkosh Avenue (Parcel 1600370000) and 1240 Oshkosh Avenue (Parcel 1600390000; ($800,000) (Plan Commission Recommends Approval) Councilor Nichols has heard a number of positive comments on the city acquiring these buildings and land that will allow the city to fix the Sawyer and 21 intersections. Motion To Approve Deputy Mayor Karl Buelow Second Jacob Floam AYE:Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed Res 24-682 Approve Land Acquisition for a 5.5-Acre Portion of 3483 Jackson Street for Development of Workforce Housing (Parcel 1250160000); ($154,000) (Plan Commission Recommends Approval) Councilor Nichols understands the concerns in the community. Nichols hopes by expanding the neighborhood radius for neighborhood meetings, more people will get involved and get the proper information. Councilor Floam noted that workforce homes are single-family homes. The city had under twenty, built last in 2023. Floam is very excited about this program and encourages more dialog between the city and residents. Deputy Mayor Buelow states that workforce housing is 80 to 120% of the median income. That is where the target for this is. Motion To Approve DJ Nichols 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 24-683 Approve Fee Schedule for Sanitary Sewer Use Charges 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 Res 24-684 Approve Fee Schedule for Storm Water Use Charges 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 Res 24-685 Approve 2025 Fees and Charges Schedule Councilor Stephenson questioned the fee for lead testing. Assistant Director of Public Works Gohde explained that in the revision, the city is required to offer testing for the homes that have a lead servicing line. The fee associated with this is the cost to recoup the cost for testing. 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 Res 24-686 Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt Motion To Approve Jacob Floam 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 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Discussion and Direction to City Manager West 7th Avenue Update Future Agenda Items, Meetings, and Workshops Presentation from Oshkosh Area Humane Society (TBD) COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS CITY MANAGER ANNOUNCEMENTS & STATEMENTS Professional Services Agreement with CliftonLarsonAllen (CLA) for Financial Process Improvements (estimated $25,000) Professional Services Agreement with Strand Associates, Inc. (Strand) for 2025 Storm Water Management Assistance ($50,000) Professional Services Agreement with Brown and Caldwell for 2025 General Storm Water Services ($50,000) Professional Services Agreement with Brown and Caldwell for 2025 Site Plan Review Services ($25,000) Amendment to Professional Services Agreement with AECOM for Sediment Thickness Verification and Waste Characterization of North High Detention Basin (+$6,605) Outstanding Issues MOTION TO GO INTO CLOSED SESSION (Room 404, City Hall) The Common Council may convene into closed session pursuant to Section 19.85(1) (c) of the Wisconsin Statutes, when considering employment of any public employee over which the Common Council has jurisdiction and exercises responsibility, and under Section 19.85(1)(e) of the Wisconsin Statutes, where competitive or bargaining reasons require a closed session (specifically, to consider finalists for the City Manager recruitment). ADJOURN - 7:14 p.m. SUBMITTED BY DIANE BARTLETT, CITY CLERK THE FULL AUDIO/VIDEO RECORDING OF THIS MEETING IS AVAILABLE ON OUR WEBSITE THE FULL TRANSCRIPT OF THIS MEETING IS AVAILABLE ON THE YOUTUBE PLAYBACK CHANNEL