HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST28, 2018
REGULAR MEETING held Tuesday, August 28, 2018, at 6:00 p.m. in Council Chambers,
City Hall
Mayor Cummings presided.
PRESENT: Council Members Matt Mugerauer, Jake Krause, Tom Pech, Jr., Steven
Herman and Mayor Steve Cummings
EXCUSED: Council Members Deb Allison-Aasby and Lori Palmeri
ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn
Lorenson, City Attorney; and Allen Davis, Director of Community Development
Council Member Herman read the Invocation.
The Pledge of Allegiance was led by Council Member Herman.
INTRODUCTION OF CITY STAFF
Mr. Rohloff introduced Jennifer Messerschmidt, Assistant Finance Director and Michelle
Behnke, Human Resources Manager.
PRESENTATION
Pam Ruder, Greater Oshkosh Healthy Neighborhoods Inc. (GO-HNI) presented their
annual report.
Council Member Pech asked for an explanation of Ms. Ruder's experience after spending
several years outside of Oshkosh and then returning.
Ms. Ruder stated she had lived in Texas for a period of time and had decided to return to
Oshkosh due to the uniqueness of the community. She explained she had been impressed
by the changes that had occurred over the five years she was absent.
PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Council Member Pech explained there were great things happening in the community
that may be overlooked by community members who were here continuously. He stated
being gone for a period of time allowed an individual to see the changes.
PUBLIC HEARING
Resolution 18-436 Approve Final Resolution Vacating:
A Portion of North Westfield Street
Portion of North Eagle Street
All of Butte Des Morts Street
All of Shomin Street
All of Water Street
Portion of Rainbow Drive
All of Public Alley Between Shomin Street & Rainbow Drive
All of Public Alley Between Butte Des Morts Street & Shomin Street
Portion of Graham Avenue
(Plan Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Krause)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
Council Member Herman asked for an explanation of the various street vacations.
Darryn Burich, Planning Services Manager, explained the vast majority of the streets
were already in park use and would return to public usage.
Council Member Herman questioned if any of the street vacations would have an impact
on future growth in the area or the master plan for Rainbow Park.
Mr. Burich stated the vacations would help the Rainbow Park master plan as it would
eliminate the right of way status of the streets and result in additional options for the
parkland.
CITIZEN STATEMENTS
There were no citizen statements to Council.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
CONSENT AGENDA
Receipt & Filing of the Oshkosh Public Museum Minutes from July 12, 2018
Receipt & Filing of Common Council Minutes from August 15, 2018
Receipt of Claims filed with the City's Insurance Company:
A) Hobbytown(Robert Mazza)for alleged damages from a broken water pipe
B) Charles Larson for alleged damages due to water shut off on Oregon Street
Resolution 18-437 Update Designation of Authorized Individuals for City Investment
Transfers (Adding New Assistant Finance Director)
Resolution 18-438 Approve Edward Byrne Memorial Justice Assistance Grant(JAG)for
the Police Department in the Amount of$15,495.00
Resolution 18-439 Accept Dedication of Street Right of Way for an Extension of North
Koeller Street (Plan Commission Recommends Approval)
Resolution 18-440 Approve Specific Implementation Plan for an 8 Unit Multi-Family
Property Located at 129 West 171h Avenue (Plan Commission
Recommends Approval)
Resolution 18-441 Approve Specific Implementation Plan for Development of a
Warehouse & Distribution Facility; 3970 Poberezny Road (Plan
Commission Recommends Approval)
Resolution 18-442 Approve Special Event — UW Oshkosh Student Recreation &
Wellness Center to utilize Osceola Street to hold their RecFest event
/ September 3, 2018
Resolution 18-443 Approve Special Event — First Congregational Church to utilize
Brown Street for the FCC Fun Fest/ September 9, 2018
Resolution 18-444 Approve Special Event — John Sakschek to utilize Opera House
Square & Market Street for their "I Will Rise" music video shoot /
September 9, 2018
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Resolution 18-445 Approve Special Event — Boys & Girls Club of Oshkosh to hold
Docktoberfest at Dockside Tavern & to utilize City streets &
Riverwalk for their 2K Bier Run/ September 14 & 15, 2018
Resolution 18-446 Approve Special Event — Alzheimer's Association of Greater
Wisconsin to utilize City sidewalks for the Walk to End Alzheimer's
event/ September 15, 2018
Resolution 18-447 Approve Special Event—Vietnam Veterans of America-Chapter 437
to utilize South Park War Memorial for the POW/MIA Remembrance
Ceremony/ September 15, 2018
Resolution 18-448 Approve Special Event — Habitat for Humanity of Oshkosh, Inc. to
hold the Oregon Street Open House on parking lot at parcel
#0301600000 / September 21 & 22, 2018
Resolution 18-449 Approve Special Event— Special Olympics Wisconsin to utilize City
streets for the Run with the Cops 5K/October 4, 2018
Resolution 18-450 Approve Special Event — Labor of Love, Inc. d/b/a Sella Medical
Center to utilize City streets & South Park trail for the Walk for Life
event/October 6, 2018
Resolution 18-451 Approve Special Event — Downtown Oshkosh Business
Improvement District (BID) to utilize City streets for the Downtown
Trick or Treat/October 24, 2018
Resolution 18-452 Approve Special Event—Festival Foods to utilize City streets for the
Festival Foods Turkey Trot/November 22, 2018
Resolution 18-453 Approve Amended Special Event — Oshkosh Saturday Farmer's
Market, Inc. utilize South Park for the Market in the Park / July 18
through September 26, 2018 (Wednesdays)
Resolution 18-454 Approve Block Party—Susan Ames to utilize Walnut Street between
W. New York Avenue & Short Street to hold their neighborhood
block party/ September 8, 2018
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Resolution 18-455 Approve Block Party— Scott Clausen to utilize Olive Street between
W. Linwood Avenue & Columbia Avenue to hold their block party
/ September 9, 2018
Resolution 18-456 Approve Block Party—John Scheelk to utilize Otter Avenue between
Broad Street & Bay Street to hold their block party / September 9,
2018
Resolution 18-457 Approve Block Party—John Schuttenhelm to utilize Cliffview Drive
between Murdock Street& Graber Street to hold their neighborhood
block party/ September 15, 2018
Resolution 18-458 Approve Block Party— Gerald Kargus to utilize Apple Court east of
Orchard Court to the cul-de-sac for their neighborhood block party
/ September 15, 2018
Resolution 18-459 Approve Block Party—Diane Kettner to utilize Evans Street between
E. Irving Avenue & E. Lincoln Avenue for their neighborhood block
party/ September 22, 2018
Resolution 18-460 Approve Special Class "B" Licenses, Operator & Taxi-Cab Driver
Licenses
MOTION: ADOPT CONSENT AGENDA (Pech; second, Mugerauer)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 18-461 Adopt General Retention/Disposition Schedules pertaining to Police
Department Records & Telephone & Video Surveillance Records
related to City Facilities&Amend Public Records Ordinance to include
Definitions & Clarify Provisions pertaining to City Audits
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
Ordinance 18-462 Approve Zone Change from Institutional (I) to Institutional with
Planned Development Overlay (I-PD) for Property Located at 1331
High Avenue (Plan Commission Recommends Approval)
MOTION: ADOPT (Herman; second, Krause)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Ordinance 18-463 Designate Clairville Road as a Through Street at its Intersection with
Compass Way so that Compass Way Stops at the Intersection
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 18-464 Approve Zone Change from Suburban Mixed Use (SMU) to
Suburban Mixed Use District with Planned Development Overlay
(SMU-PD) for Property Located at 1159 North Koeller Street (Plan
Commission Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Ordinance 18-465 Adopt Ordinance to Regulate Murals
FIRST READING; LAID OVER UNDER THE RULES
Resolution 18-466 Approve Combination "Class S" License for Caramel Crisp & Cafe
MOTION: ADOPT (Herman; second, Mugerauer)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
Chanda Anderson, 542 W. 161h Avenue, explained she intended to use the license to sell
gift baskets that included wine. She stated she understood the liquor license would not
be fully utilized as she would not serve alcohol in the same manner as a bar, however, it
was the only way she would be able to sell the gift basket and serve wine and beer in her
cafe. She explained she did not want to prevent a business from opening due to lack of a
license and would be willing to surrender the license if it was needed.
Council Member Herman stated he understood Ms. Anderson's dilemma, and
questioned how many liquor licenses were open.
Ms. Ubrig stated there were three.
Council Member Herman questioned if there were any other applications for the licenses
at this point.
Ms. Ubrig stated no.
Council Member Mugerauer thanked Ms. Anderson for her patience while waiting for an
available license.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Resolution 18-467 Approve Specific Implementation Plan for Parking Lot Expansion;
1331 High Avenue (Plan Commission Recommend Approval)
MOTION: ADOPT (Mugerauer; second, Krause)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
Resolution 18-468 Approve Land Disposition of Surplus Property to H2Oshkosh, LLC;
Proposed Outlot 1 of Lakeshore Site (Plan Commission
Recommends Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
Council Member Mugerauer asked for an explanation of the land disposition.
Darryn Burich, Planning Services Manager, stated City staff was proposing of disposing
land back to the developer along Oshkosh Avenue. He explained the developer had
dedicated land for the extension of North Westfield Street and parts of Oshkosh Avenue,
and City staff was proposing to dedicate land back to the developer to make up for the
portions that would be lost due to public right of way. He presented the areas of land on
a map.
Council Member Mugerauer stated he believed approximately 20 feet had been dedicated
for public right of way along Oshkosh Avenue.
Mr. Burich stated that was correct.
Mr. Davis explained that had been for the option Council had selected with four lanes
and a median.
Council Member Mugerauer stated that would leave Outlot 1 next to it,with the intention
of deeding that portion of land to whatever development occurred to the west.
Mr. Burich stated yes.
Resolution 18-469 Approve General Development Plan Amendment for a Hotel,
Commercial & Retail Uses at 1634-1810 Oshkosh Avenue (Plan
Commission Recommends Approval)
MOTION: ADOPT (Pech; second, Herman)
CARRIED: Ayes (5) Mugerauer, Krause, Pech, Herman, Mayor Cummings
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Council Member Herman questioned if the development plan would meet criteria put in
place by Council.
Mr. Davis stated a new zoning district had been created for the area along Oshkosh
Avenue and the standards for the exteriors of the buildings had been raised. He
explained Oshkosh Corporation had been the first building approved in the area and the
hotel would be the second. He stated the hotel exterior met criteria on three of the four
sides, and was one percentage short on the final side, which was similar to Oshkosh
Corporation's building.
Council Member Herman questioned if the zoning controlled what could be developed
in the area, not just the types of materials used.
Mr. Davis stated yes.
Council Member Herman stated he would not support Oshkosh Avenue being
developed to look like a frontage road. He questioned if the zoning had specific
restrictions to what type of businesses could be developed, or if it was case by case.
Mr. Burich stated it was zoned for corporate business park, which dictated what type of
uses could be permitted in the zone. He explained several uses had been prohibited
within the district. He stated the entire area was zoned planned development, therefore
any potential development would be required to go through the planned development
process. He explained the developer had amended his development plan for the hotel,
and would need to return to Council for approval of a specific implementation plan.
Council Member Herman questioned if other developers had shown interest in the area.
Mr. Burich stated Casey's General Store had shown interest in the area, however, other
development interest had been low. He explained it was considered a 'S' site as it was
located off Highway 41. He stated he believed this would change once Oshkosh
Corporation occupied the site.
Mayor Cummings explained the plan commission had not seen any final architectural
renderings of the hotel.
Mr. Davis stated that would occur at the next step with the specific implementation plan.
Mr. Burich explained City staff had been working extensively with the developer related
to exterior materials and the design would be provided during specific implementation
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
planning.
Mayor Cummings stated he agreed and did not want to see Oshkosh Avenue become a
frontage road.
Council Member Krause questioned what type of businesses would be prohibited from
the area.
Mr. Burich stated prohibited uses included adult stores, strip clubs, tattoo parlors, vape
shops, head shops and outside storage. He explained it was a small list, however, if that
type of business was developed, it could change the dynamic of an area.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS
Council Member Herman stated there had been a tentative economic development plan
brought forward to Council. He explained he did not believe several of the newer
Council Members had copies of the plan.
Mr. Rohloff explained he had provided the Council Members with the draft from 2016 of
the economic development strategic plan. He stated within the larger strategic plan it
had been identified that there was a need to have a development plan specific to
economic development. He explained it had been provided to the plan commission for
discussion, although not approval. He stated the intention was to incorporate it as the
economic development piece of the City's comprehensive plan. He explained that was
being done in conjunction with East Central Regional Planning Commission, who had a
workshop and open house with the public the previous evening. He stated related to his
goals as City Manager, the inventory Council had sought was contained within the plan.
He explained a draft copy of the comprehensive plan would be provided to Council and
reviewed by the plan commission next month.
Council Member Herman stated the document had been provided to Council via email
and encouraged his fellow Council Members to review it. He explained it was aligned
with a number of Mr. Rohloff's goals.
Mr. Rohloff stated in relation to the goal regarding housing, chapter three of the draft
comprehensive plan contained significant data regarding housing units.
Council Member Herman questioned if the data would not reflect current conditions by
the time Council would approve the plan.
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Mr. Davis stated 2010 was the most recent complete census.
Council Member Herman stated while the dynamics of the plan would remain applicable,
he questioned if the data would be relevant nearly ten years later.
Mr. Davis explained City staff looked at trends long term, and he believed Council could
extrapolate a trend by reviewing previous census data from 1990, 2000 and 2010 to
determine the direction housing was moving in Oshkosh.
Council Member Herman stated he was aware the trend was towards multi-family
housing as opposed to single-family housing, which was likely related to the growth of
the City amongst other things.
Mr. Rohloff explained when applicable, City staff had updated current data, however, if
it was only census data it would be from 2010.
Council Member Herman stated he believed organizations such as GO-HNI provided
supplemental data regarding the growth and activity of neighborhoods in the City.
Mr. Davis explained City staff had been working diligently on the economic development
plan; there had been several high priority items that had taken precedence including the
new transload facility, the creation and partnership with GO-EDC and the Buckstaff
redevelopment.
Council Member Herman stated he understood, and encouraged Council to read the
document as it contained many of the items, such as data, that they had been asking for
from Mr. Rohloff.
Mayor Cummings explained he recalled there were approximately 600 acres of industrial
land available for development.
Mr. Davis stated that was correct.
Mayor Cummings stated the next budget workshop was scheduled for September 19,
2018.
Mr. Rohloff explained it was scheduled for 5:00 p.m. and the emphasis would be on
capital improvements and debt financing related to such improvements.
Council Member Pech stated the Oshkosh Police Department was amongst the final 16
contenders for a lip-sync battle contest and encouraged individuals to vote through the
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PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 28, 2018
Northwestern's website. He requested the promotion be placed on the City website to
encourage votes.
Mr. Rohloff thanked Council Member Pech for the suggestion.
CITIZEN STATEMENTS TO COUNCIL
There were no citizen statements to Council.
CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS
There were no Council Member announcements or statements.
CITY MANAGER ANNO UNCEMENTS & STATEMENTS
Mr. Rohloff explained there was a memo in the Council packet regarding a water system
capacity study related to the clear well project. He stated the Oshkosh Corporation
development was progressing, and the bids would be opened on Friday, August 31s' for
the infrastructure on the surrounding public right of ways. He explained City staff would
meet Thursday, August 301h at 8:30 a.m. at 808 Oregon Street to discuss parking concerns
with business owners. He stated he appreciated the patience of the business owners.
Council Member Pech questioned if there had been any concerns related to the recent
rain in regards to storm water.
James Rabe, Director of Public Works, explained there had been localized street flooding
due to the area receiving 1.5 inches of rain in less than an hour. He stated the South Park
lagoons were full after the rains and City staff had received reports of localized flooding
on Wisconsin Street and Jackson Street. He explained street division staff was out
monitoring the situation and checking to see if there were inlets that needed to be cleared.
He stated due to the amount of rain, the ground was saturated, and continued rain would
runoff and result in street accumulation.
MOTION: ADJOURN (Mugerauer; second, Pech)
CARRIED: VOICE VOTE
The meeting adjourned at 6:56 p.m.
PAMELA R. UBRIG
CITY CLERK
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