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CITY COUNCIL MINUTES/PROCEEDINGS 7/9/24

					CALL TO ORDER - 6:01 p.m.
					ROLL CALL
				Present: Matt Mugerauer, Mayor; Kris Larson; Joe Stephenson; Karl Buelow, Deputy Mayor; Paul Esslinger; DJ Nichols Absent: Jacob Floam Staff: Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk; Julie Calmes, Finance Director
					INVOCATION - VOTING FIRST: Council Member Esslinger
					PLEDGE OF ALLEGIANCE
					INTRODUCTION OF STAFF
					Cheryl Sell, Water Distribution Manager
					Anna Cannizzo, Museum Director
					PUBLIC HEARING (NOTE: no formal action was taken at this meeting on the items below - 1st reading.)
				*Ord 24-373	Approve Comprehensive Land Use Plan Map Amendment from Community Facility to Light Density Residential for Property Located at 929 Winnebago Avenue (Former Washington Elementary School) (Plan Commission Recommends Approval)
					CITIZEN STATEMENTS TO COUNCIL Angie Lee 1120 Baldwin Ave Oshkosh WI Ms. Lee addressed the council on behalf of the Dragon Boat Races event. The event was created by an ordinance that DEI recommended to the council. This event allows the community to celebrate the diversity and culture in this region. The group was disappointed their application for ARPA funding was denied. Brian Seal, 806 South Main, Oshkosh WI / Marias Garden Mr. Seal is looking for reconsideration for ARPA funding on his prior application. Sara Kosmicki, Omro WI / Casa Esther Ms. Kosmicki would like the council to reconsider funding their ARPA application. Oshkosh needs a group that assists residents with basic needs. This organization helps people avoid slipping into homelessness. The rental assistance budget they offer can help a family stay securely housed. Ashley Hesse 4815 Plummers Point Rd, Oshkosh WI / Casa Ester Mr. Hesse would like the council to reconsider Casa Ester's ARPA application and would like the entire amount approved. He is confused about why this application was not approved when they scored very high based on the city's criteria but received no funding. Council Member Esslinger asked Mr. Hesse if there was a council member that is acting inappropriately. Mr. Hesse replied that certain actions could be deemed as somehow influencing decisions. There is a council member on a board that happens to be getting ARPA funding. Council Member Esslinger reminded everyone that if a council member feels that they’re involved in any shape or form, they can recuse themselves and vote present. Council Member Buelow agreed that he is involved in a group that is getting funding but is recusing himself from the vote.
					CONSENT AGENDA ITEMS
					Report of Bills
					Receipt & Filing of Minutes - Common Council Meeting, 06.11.24
					Receipt & Filing of Minutes - Library Board, 05.30.24
				Res 24-374	Approve Purchase of Three-Year Palo Alto Subscription Renewal from Heartland Business Systems for IT Division ($117,047.00)
				Res 24-375	Approve Cooperative Purchases of Various Vehicles from Ewald Hartford Ford for Various Departments ($295,627.00)
				Res 24-376	Award Bid to Lincoln Contractors Supply Inc. for Concrete Road Saw for the Streets Division ($36,080.26)
				Res 24-377	Approve State/Municipal Agreements with the Wisconsin Department of Transportation for the Reconstruction of Oregon Street from West 6th Avenue to West 8th Avenue and Jackson Street from Marion Road to High Avenue
				Res 24-378	Approve and Execute Relocation Order for Partial Land Acquisitions of 3098, 3105, and 3123 Jackson Street and 370 West Fernau Avenue
				Res 24-379	Award Bid for Public Works Contract No. 24-10 to Vinton Construction Company for Parking Lot Construction ($1,042,864.23)
				Res 24-380	Approve 2024 Budget Amendment to Industrial Park Land Fund ($25,000.00)
				Res 24-381	Grant Privilege in the Street for Groundwater Monitoring Wells South of 110 Pearl Avenue Located in the Pearl Avenue Right-of-Way and West of 50 Pearl Avenue Located in the Market Street Right-of-Way (Plan Commission Recommends Approval)
				Res 24-382	Approve Specific Implementation Plan Amendment for Monument Sign at 4233 Waupun Road (Plan Commission Recommends Approval)
				Res 24-383	Grant Underground Electric Easement at 3280 Compass Way (City Transload Facility) to Wisconsin Public Service Corporation (Plan Commission Recommends Approval)
				Res 24-384	Approve General Development Plan Amendment and Specific Implementation Plan Amendment for a Townhome Development between 1100 West 20th Avenue and 1020 West 20th Avenue (Parcel 130711201) (Plan Commission Recommends Approval)
				Res 24-385	Appoint 2024-2025 Democratic, Republican & Unaffiliated Election Inspectors for Partisan Primary, August 13, 2024
				Res 24-386	Approve Agent Change - Dockside Tavern
				Res 24-387	Approve Agent Change - Sweetwater Performance
				Res 24-388	Approve Combination "Class B" Beer/Liquor License Surrender and Approve Issuance of Combination "Class B" Beer/Liquor License - Delta Family Restaurant
				Res 24-389	Approve Original Combination "Class A" Beer/Liquor License for La Patrona Mexican Market (242 Wisconsin St)
				Res 24-390	Approve Renewal Liquor Licenses
				Res 24-391	Approve Special Class "B" Licenses Council Member Larson questioned why the purchase of various trucks was not from a local location where those funds would stay within the community. City Manager Rohloff explained that many of the trucks are specific Public Works, where a niche market produces them. Director of Administrative Services John Fitzpatrick added that several vendors are examined, but typically with the state contract, we save substantially because of the volume that is generated. Council Member Nichols asked if there is a protocol to identify that these vehicles need to be replaced. City Manager Rohloff replied it is based on the cost of maintaining the vehicle. Mayor Mugerauer noted that there are older vehicles in the fleet, and based on the cost of maintenance, it’s just time when it's time. APPROVE CONSENT AGENDA  ABOVE

					Motion To Approve Paul Esslinger
					Second DJ Nichols

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
					PENDING ORDINANCES
				Ord 24-392	Approve Boschwitz II Annexation from the Town of Oshkosh, West Side of the 2900 Block of Vinland Street (Town Parcels 018005101 and 018005301) (Plan Commission Recommends Approval) Council Member Stephenson asked if the city tried to take in more land with the annexation. Community Developer Kelly Nieforth replied that typically we do not. Because this is vacant land, there are rules as to having a certain number of people living there, and sometimes you can’t get those numbers to work. Council Member Stephenson suggests we should square up some of those borders on the north side.

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Ord 24-393	Approve Boschwitz III Annexation from the Town of Oshkosh, West Side of the 2700-2800 Blocks of Vinland Street (Town Parcels 0180152 and 0180153) (Plan Commission Recommends Approval)

					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 6 - 0 Passed
				Ord 24-394	Create Sections 13-14, and 17-41 and Amend Sections 13-20 and 17-46 of the City of Oshkosh Municipal Code to Prohibit False Reporting of Emergencies   Council Member Nichols concern with this ordinance, which only affects the residents of Oshkosh, is that they will be held to a higher standard than the residents outside the city. Fire Chief Stanley replied that the super-users are the people that live in the city. However, he has already had conversations with the DA of alternatives if the super-users who live outside the city start affecting our services. Council Member Stephenson agrees that these people are tying up our resources and making the community unsafe. Council Member Esslinger was shocked at the number of falsified calls that came through, and he is in full favor of supporting this ordinance tonight. Deputy Mayor Buelow clarified that the fine would come after the 3rd falsified call. Fire Chief Stanley confirmed.

					Motion To Approve Paul Esslinger
					Second Deputy Mayor Karl Buelow

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger No: DJ Nichols 5 - 1 Passed
					NEW ORDINANCES (NOTE: no formal action taken on the items below - 1st reading)
				*Ord 24-395	Approve Zone Change from Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD) for Property Located South of 686 North Main Street – Parcel 0402300000 (Formerly 668 North Main Street) (Plan Commission Recommends Approval)
					PENDING RESOLUTIONS
				Res 24-396	Approve the Polling Location, Date, and Times for Early Absentee Voting in the City of Oshkosh for the August 13, 2024, Partisan Primary, and November 5, 2024, General Election AS AMENDED   Council Member Nichols would like to remove the first resolution and replace it with the version that he had sent. That is what council directed staff to do in the last meeting. City Manager Rohloff explained that due to items already mailed, the August hours were not extended.  Rohloff also explained that due to the reduction of staff in the clerk’s office and the items mailed, it would cause more confusion to change the August absentee hours. Council Member Esslinger asked what the intention was here. Council Member Nichols wanted to start from a document that included what he believed was the direction and amend it from there. Council Member Esslinger was under the impression that we were waiting for stats and staff recommendations, which was the direction at the last meeting. He asked the City Clerk if she would be able to staff the Primary Partisan with extended hours. Clerk Bartlett noted that it would be difficult to staff the early voting location at those hours. There is some flexibility for the general election because there will be more time. Council member Stephenson thinks extending the voting hours is a good idea. He also understands Councilor Nichol's frustration, but he was under the impression it was a discussion, not so much direction to staff. Mayor Mugerauer believes having two different sets of times in circulation will confuse voters. Mugerauer is all for access and awareness of voting opportunities, but given the lack of response this community has shown in the past on this topic, there are other avenues to look at to improve voter turnout. Council Member Buelow also agrees that extending the voting hours is a good idea and is under the impression it was a discussion and not the direction to staff. Council Member Larson's perception was they would start with the original suggestion and then refine it based on the needs of the staff. Council Member Nichols expressed his frustration with the resolution brought forward and the direction to staff. Council Member Stephenson stated he was confused about the expectations; he could see how staff would then be uncertain of the expectations as well. Deputy Mayor Buelow amended the resolution brought forward by adding the suggested General Election extended absentee voting hours.

					Motion To Approve Deputy Mayor Karl Buelow
					Second DJ Nichols

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, DJ Nichols No: Paul Esslinger 5 - 1 Passed
					NEW RESOLUTIONS
				Res 24-397	Amend the 2024 City of Oshkosh Fee Schedule to Create a Response Fee for the Oshkosh Fire Department Council Member Nicholas is in full support of this fee. Citizens within the city limits and anyone who uses EMS services would be penalized equally for misuse of Emergency Services.

					Motion To Approve Joe Stephenson
					Second Paul Esslinger

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-398	Appropriate ARPA Funds for 2024 Projects in Lieu of Issuing Debt Finance Director Calmes reviewed that there is about $27,000 that has not been allocated yet. If this resolution gets passed, finance will be working with departments to see what projects may be coming in the budget so we don’t leave any money on the table.

					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 6 - 0 Passed
					NEW RESOLUTIONS, CONTINUED, AND COUNCIL DISCUSSION OF ARPA GRANT APPLICATIONS
				Res 24-399	Approve Allocation of American Rescue Plan Act (ARPA) Funds to ADVOCAP for $217,660.00

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-400	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Downtown Oshkosh Business Improvement District for $150,000.00 Deputy Mayor Buelow asked that even though the BID is not receiving the full amount, does the money allocated still make an impact? Jessi Midel from the BID noted that they are in the strategic planning portion of the process. The money will help with additional staffing, which will bring them to the next level.

					Motion To Approve Paul Esslinger
					Second Deputy Mayor Karl Buelow

					AYE: Mayor Matt Mugerauer, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols No: Kris Larson 5 - 1 Passed
				Res 24-401	Approve Allocation of American Rescue Plan Act (ARPA) Funds to COTS, Inc. for $100,000.00

					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 6 - 0 Passed
				Res 24-402	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Covey, Inc. for $75,000.00 Tony Gonzales shared a statement from a parent who has used Covey for their disabled child for 31 years. This vulnerable population needs this support and thanked the council for considering the request.

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-403	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Day by Day Shelter for $105,000.00

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Paul Esslinger, DJ Nichols 5 - 0 Passed
				Res 24-404	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Habitat for Humanity - Oshkosh and the City of Oshkosh for $300,000.00

					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 6 - 0 Passed
				Res 24-405	Approve Allocation of American Rescue Plan Act (ARPA) Funds to the Hooper Community Center for $60,000.00 Sean Fitzgerald thanked the council for reconsidering their request. Their tenant rent generates the only revenue, and they do not want to raise rent for the tenants. These tenants offer a lot of services to the Oshkosh Community in need.

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-406	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Jericho Road Ministries for $48,100.00

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-407	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Lakeside Packaging Plus, LLC for $90,000.00 Jennifer Van Roy stated that many with disabilities will benefit from the outdoor recreation project. They will have meaningful opportunities and social engagement during the summer, off-school days, and weekend services this fall.

					Motion To Approve Paul Esslinger
					Second DJ Nichols

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-408	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Operation DREAM North for $126,000.00

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-409	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Oshkosh Healthy Neighborhoods for $150,000.00

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-410	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Oshkosh Pride, Inc. for $17,500.00 Jennifer Considine attended the Oshkosh Pride Festival last weekend. Considine noted that the event had a great turnout, and she thought this is the kind of community she wanted to live in. She thanked the council for supporting this group and many others.

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-411	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Salvation Army of Oshkosh for $120,174.00

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-412	Approve Allocation of American Rescue Plan Act (ARPA) Funds to SEPO for $300,000.00 Jennifer Considine expressed her support for SEPO and how the organization has been working for over a decade to create a community where everyone has a home and a safe and welcome. Considine puts her support behind this group.

					Motion To Approve Paul Esslinger
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-413	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Commonwealth Development Corporation of America / Oshkosh Child Development Center for $354,900.00 Justin Mitchell thanked the council for their support of this project. They are making great progress and have met with many organizations and departments in the city. They are very excited to start their project. Sue VanHougling noted that this has been a dream of hers to get a two-shift daycare in Oshkosh and thanked the council for their support.

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 5 - 0 Passed
				Res 24-414	Approve Allocation of American Rescue Plan Act (ARPA) Funds to The Learning Collaborative for $122,000.00 Lia Kitz noted that this group is addressing literacy in both language and math at the individual level, but also helps direct the parents of children with language-based learning disabilities. They are pleased to be able to put this program in place.

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols 6 - 0 Passed
				Res 24-415	Approve Allocation of American Rescue Plan Act (ARPA) Funds to Winnebago Area Literacy Council for $25,708.00

					Motion To Approve Paul Esslinger
					Second Kris Larson

					AYE: Mayor Matt Mugerauer, Kris Larson, Deputy Mayor Karl Buelow, Paul Esslinger 4 - 0 Passed
					COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
					Discussion and Direction to City Manager
					Discussion of Agenda Process Council Members Nicholas and Larson are requesting to receive agenda materials earlier so they can have more time to review and ask staff questions. Mayor Mugerauer thinks the agenda is provided to council in a timely manner. This has been the process for years and it works. Mugerauer told the council that everything that is coming to us is already in public documents and council members should be reviewing board and commission minutes. Council Member Stephenson asked if there is a possibility of moving the council day to a Wednesday to give them that extra day. City Manager Rohloff replied that in his earlier years, the meetings were on a Wednesday. Council Member Larson noted as being a new council member, would like to read the upcoming agendas sooner. It is important that the council have time to read the agendas and be able to address important questions and concerns that residents may have. Council Member Stephenson does not want to see a draft agenda, he believes there is enough time to read the agenda and get his questions out before the council meeting. Mayor Mugerauer agrees a draft agenda is not a good idea. Too many things change and there are not enough answers to questions. City Manager Rohloff will talk with staff and see if it is possible to get the agenda posted earlier than the end of the day on Friday.
					Ordinance and Fee Regulating Fire Pits (Esslinger) Council Member Esslinger would like to remove the fee and permitting process associated with the fire pit ordinance. Fire Chief Stanley said it was not created for revenue generation but for education; the fee is intended to cover administrative time for processing. Chief Stanley would discourage the council from removing the fee. We are passing this fee on to the people that affect these fees. Deputy Mayor Buelow agrees with the chief and thinks the fee and permit process should continue. Council Member Nicholas asked if there has ever been a firepit permit denial. Fire Chief Stanley said yes, the reason being you cannot be in a multifamily dwelling. It would be against the fire code. Council Member Nicholas asked what is the enforcement if a resident does not have a permit. Chief Stanley replied that they do not patrol for permits. The residents would be warned and make any corrections if necessary. Council Member Larson believes that educating the citizens about fire safety can be done without charging them. All Council members would like to see this topic on a future agenda to give people an opportunity to talk about it.
					Future Agenda Items
					Presentation of Truck Route Study, KL Engineering - July 23, 2024 or alternate date
					Bowen Street Reconstruction, AECOM - date to be determined
					Future Meetings & Workshops
					Undergrounding Utilities, date to be determined
					Capital Improvement Plan Workshop, Tuesday, July 30th, 5:00 p.m., Room 404
					Oshkosh Common Council Regular Meeting - Wednesday, August 14, 2024
					COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
					CITY MANAGER ANNOUNCEMENTS & STATEMENTS
					Professional Services Agreement with Neighborly Software for Housing-CDBG Program Grant Administration, Reporting and Compliance Tracking ($35,300.00)
					Outstanding Issues
					ADJOURN - 8:26 p.m.

SUBMITTED BY DIANE BARTLETT, CITY CLERK   THE FULL VIDEO OF THIS MEETING IS AVAILABLE ON THE CITY WEBSITE