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CITY COUNCIL MINUTES/PROCEEDINGS 8/14/24

					CLOSED SESSION (5:00 PM, Room 404, City Hall) The Common Council convened into closed session, pursuant to Section 19.85(1)(e) of the Wisconsin State Statutes related to the negotiation of a development agreement concerning the Boatworks redevelopment located at West 4th Avenue and Michigan Street.
					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; John Fitzpatrick, Assistant City Manager/Director of Administrative Services
					INVOCATION - VOTING FIRST: Deputy Mayor Buelow
					PLEDGE OF ALLEGIANCE
					INTRODUCTION OF STAFF Betsie Anderson, Financial Utility Manager Joe Kopf, Street Supervisor Brian Treleven, Street Supervisor
					PROCLAMATIONS ISSUED
					Oshkosh Freemasons' 175th Anniversary and Oshkosh Masonic Center's 100th Anniversary, August 17, 2024
					National See Tracks? Think Train® Week, September 23 - 29, 2024
					PRESENTATIONS
					Introduction/Presentation by GovHR Regarding City Manager Recruitment
					Presentation on Tax Incremental District No. 44 Northwest Oshkosh Expansion Area
					CITIZEN STATEMENTS TO COUNCIL Tim Reichenberger 100 N Main Street Oshkosh Mr. Reichenberger, co-owner of Flights Wine and Cocktail Club, expressed his concern about the difficulty of updating to a full liquor license in the City of Oshkosh. Also, the option of talking to other license holders to inquire about their willingness to surrender/work something out with those license holders. Mr. Reichenberger noted that there is no mechanism to determine what facilities/establishments would fall in that category and no way to contact them. Also, Mr. Reichenberger, wanted to express his displeasure of working with the city on signage /permitting in regard to the awnings/signage for the restaurant.
					CONSENT AGENDA ITEMS
					Report of Bills
					Receipt & Filing of Minutes - Library Board, 06.27.24
					Receipt & Filing of Claim - Ethan Newby
					Receipt & Filing of Claim - Robert Nienhaus
					Receipt & Filing of Claim - Jacqueline Saad
				Res 24-445	Resolution Authorizing the Issuance and Sale of up to $551,500 Taxable Private Lead Service Line Replacement Loan Program Revenue Bonds, Series 2024, and Providing for Other Details and Covenants with Respect Thereto
				Res 24-446	Approve Safe Drinking Water Loan Program Financial Assistance Agreement with the Wisconsin Department of Natural Resources for Project No. 4874-15
				Res 24-447	Grant Noise Variance Request for O&J Coatings, Inc. for Fernau Water Tower Painting and Mixing, Conditional upon Department of Public Works Approving Specific Dates the Work Will Be Allowed
				Res 24-448	Amend CIP and Award Bid for Public Works Contract No. 24-23 to Visu-Sewer for Sanitary Sewer Lining – Various Locations ($1,132,607.23)
				Res 24-449	Amend CIP and Appropriation of Funds for Intergovernmental Agreement with Winnebago County for Reconstruction of CTH “I” (Oregon Street) ($2,676,961.48)
				Res 24-450	Approve Specific Implementation Plan Amendment for Loading Dock Access at 3300 Medalist Drive (Plan Commission Recommends Approval)
				Res 24-451	Approve Purchase of Technology Updates from LDV Custom Specialty Vehicles for the Mobile Command & Community Outreach Vehicle for the Police Department ($99,577.00)
				Res 24-452	Approve Cooperative Purchase of Radios and Components from Motorola Solutions, Inc. for Police Department ($82,360.11)
				Res 24-453	Approve Waiver of Purchasing Requirements for Personal Protective Equipment for the Fire Department
				Res 24-454	Approve Purchase of Holmatro Extrication Tools from Jefferson Fire & Safety for Fire Department ($49,302.10)
				Res 24-455	Approve Cooperative Purchase of Two Dump Truck Chassis from Ewald Automotive Group, LLC for Parks Department ($110,534.50)
				Res 24-456	Award Bid to B&P Mechanical Inc. for Seniors Center North Roof Top Unit Replacement for General Services ($49,850.00)
				Res 24-457	Award Bid to August Winters and Sons Inc. for Public Museum Boiler Replacement for General Services ($85,282.00)
				Res 24-458	Approve Cooperative Purchase of Cellular Phone Service from T-Mobile for Information Technology Division ($109,500.00 annually)
				Res 24-459	Approve Amended Special Event - JJetpack Creative to Utilize the Leach Amphitheater for the Valley Vinyl Music Festival, October 12, 2024
				Res 24-460	Approve Special Class "B" Licenses
				Res 24-461	Remove Diversity, Equity & Inclusion Committee Member (Egal)
				Res 24-462	Remove Diversity, Equity & Inclusion Committee Member (Pishler)
				Res 24-463	Approve Appointments to the Following Boards and Commissions: Board of Zoning Appeals; Diversity, Equity, and Inclusion (DEI) Committee; Plan Commission; and Sustainability Advisory Board 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
					PENDING ORDINANCE
				Ord 24-464	Approve Zone Change from Central Mixed-Use District with Riverfront Overlay (CMU-RFO) to Central Mixed-Use District with Riverfront and Planned Development Overlay (CMU-RFO-PD) at 400 City Center (Plan Commission Recommends Approval)

					Motion To Approve Deputy Mayor Karl Buelow
					Second Joe Stephenson

					AYE: Mayor Matt Mugerauer, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed
				Ord 24-465	Approve Request to Attach to the City from Town of Nekimi / Zellner Voluntary Attachment: 3669 Oregon Street

					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
				Ord 24-466	Amend Section 13-7 of the City of Oshkosh Municipal Code Pertaining to Open Outdoor Fires, Outdoor Fireplaces, Cooking Fires, and Barbecue Grills, Kettles, and Outdoor Hibachis to Remove Permitting Requirements Council discussed the fee associated with this permit.  The council collectively is not in favor of keeping the fee. The council would like to see the fee for this permit to be $0.00. Council is requesting the fee to be changed and presented at a future date to reflect a $0.00 amount of this permit.

					Motion To Approve Jacob Floam
					Second Kris Larson

					No: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 0 - 7 Failed
					NEW ORDINANCES
				Ord 24-467	Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD) at 224 State Street (Plan Commission Recommends Approval) (Applicant Requests Waiving the Rules and Adopting on First Reading) Jim Erdman 2431 Hickory Lane, Oshkosh Owner DJ Quality Construction Mr. Erdman requests to waive the rules and adopt on the first reading so that his company can begin this parking lot reconstruction as soon as possible, given the time of year, DNR rules, and the approaching winter months and weather. MOTION TO WAIVE THE RULES AND ADOPT ON 1ST READING Motion To Approve Paul Esslinger Second Jacob Floam AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 7 - 0 Passed

					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
					NEW RESOLUTIONS
				Res 24-468	Accept Proposal for Executive Search Services for City Manager Position - MGT/Gov HR ($25,000.00) Tony Palmeri 212 W. Parkway Ave. Oshkosh Mr. Palmeri stated that he believes it is too early to accept a search firm to find a city manager. Mr. Palmeri suggested that council take a hybrid approach where they do a lot of in-house research first and then hire a firm to find exactly what council is looking for. He also noted that council should have looked at 2 or 3 search firms.    Palmeri also expressed concerns and thoughts about the city manager form of government. Council member Esslinger expressed his desire to have more choices for an executive search firm. Noting that he does not know what is out there, what other firms have to offer, what their costs are etc.... Council member Esslinger suggested that the city conduct the process of a request for proposals for executive search firms being specific on what the firm does and costs, etc....  Council member Esslinger then asked the MGT/GovHR representative specific questions, referring to the last time a city manager was hired.  Esslinger wanted to know the expectations about contacting applicants, what council can and can't do, what types of questions can be asked, and if council is seeing all applicantions etc... The MGT/GovHR representative explained how they will cull the applicants so as not to waste council time on individuals who are not qualified for the position. Also, it is not recommended that the council contact applicants because not all applicants will be afforded the same questions/opportunities. MGT/GovHR will tailor the executive search process to councils direction.  Assistant City Manager Fitzpatrick reiterated the comments from the MGT representative regarding the process of the executive search. Council member Nichols agrees with the process. Nichols stated that this process mirrors what they do in the private side/sector and is very comfortable with the recommendation from human resources and professionals who work with the search firm. Council member Larson agreed with Nichols and is confident that MGT/GovHR will complete the search and stand by their contract in finding a reputable candidate. Mayor Mugereuar thanked everyone for their valuable questions.  Mugereuar then noted how he was involved in the process of finding the new Superintendent for the Oshkosh Area School District, and how this process is very similar.  Council member Stephenson expressed his appreciation, he is familiar with the firm and is looking forward to working with them in this process. Council member Esslinger asked council if they wanted to entertain an RFP process or look at other firms for recruitment. Council member Buelow does not think this should go through the FRP process.  Council member Esslinger was disappointed that other council members did not want to entertain a different process and is uncomfortable with the fact that he did not have a choice in the matter.

					Motion To Approve Paul Esslinger
					Second Deputy Mayor Karl Buelow

					AYE: Mayor Matt Mugerauer, Kris Larson, Joe Stephenson, Deputy Mayor Karl Buelow, DJ Nichols, Jacob Floam No: Paul Esslinger 6 - 1 Passed
				**Res 24-469	**Approve General Development Plan and Specific Implementation Plan for a Personal Storage Facility at 400 City Center (Plan Commission Recommends Approval) (Applicant Has Requested Layover of This Issue to August 27th) APPROVE TO LAYOVER:

					Motion To Approve Jacob Floam
					Second Deputy Mayor Karl Buelow

					AYE: Mayor Matt Mugerauer, Joe Stephenson, Deputy Mayor Karl Buelow, Paul Esslinger, DJ Nichols, Jacob Floam 6 - 0 Passed
				Res 24-470	Approve General Development Plan and Specific Implementation Plan for Parking Lot Reconstruction at 224 State Street (Plan Commission Recommends Approval)

					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 24-471	Approve Amendment of Terms of Approval for American Rescue Plan Act (ARPA) Funds to Operation DREAM North WITHDRAWN
					COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Stephenson - would like to have the discussion/workshop on annexations and deferred assessments (Council Member Floam agreed)
					Discussion and Direction to City Manager
					Fireworks Regulation and Enforcement (Larson)  Nancy Decker 2520 Witzel Ave., #205, Oshkosh Carmen Scott 521 Otter Ave. Oshkosh Both Oshkosh residents spoke of the pain and suffering as a result of illegal fireworks being used in their neighborhoods.  They expressed concerns for other individuals, and both residents implored the council to do something by either adopting or amending an ordinance to make it difficult for people to buy and use illegal fireworks in the city of Oshkosh. Police Chief Smith explained to the council how fireworks can be purchased and the implications they have on the user, residents, and police staff. Council then discussed raising the fine for citations issued, and other options/penalties for using illegal fireworks, and directed staff to draft an ordinance with stricter penalties.
					Discussion of Street Lighting Policy (Larson) Council member Larson was approached by citizens receiving new light posts from WPS. Council member Larson asked Transportation Director Collins what the process is and why people were getting new lampposts. How do we go about getting lampposts etc...? Transportation Director Collins explained the WPS process and the charges for lampposts. And how recently they deemed the cement posts no longer available or safe for consumers. That is why lampposts are being replaced with wooden posts. Collins also explained how some neighborhoods paid extra fees for different posts.
					Asking the Public If They Want to Continue with the City Manager Form of Government (Esslinger) Tony Palmeri 212 W. Parkway Ave. Oshkosh Mr. Palmeri noted that his remarks and suggestions on this topic are fully his own. Palmeri is not representing any movement or group or the former mayor. He just wanted to get his comments noted regarding the city manager form of government and the process of hiring. Palmeri then went on to outline other communities in the state of Wisconsin that offer other forms of government (city manager, mayoral, hybrid etc...). Mr. Palmeri is advocating a discussion of other options for the community regarding its form of government. Council Member Esslinger expressed/proposed discussion of a different form of government and proposed that "we" ask the citizens of Oshkosh.  Esslinger then explained how this could happen (via a state referendum). Council Member Esslinger also noted that he hopes the executive search firm will ask the public what they are looking for during the recruitment process.  Council Member Nichols noted that this is not the only time that the city of Oshkosh can look at changing or reevaluating its form of government. This can be done at any time via conversations, a referendum, etc... Nichols also noted that he has lived in other communities and has never been asked "what type of form of government do you want for your community". Nichols noted that that is not a bad question, but never needed to be asked because it is working.  Nichols believes that this process mirrors the private sector process and is the way executive recruiting should be handled.  Council Member Larson echoes all previous statements made.   Larson does not believe that asking to change the form of government should not be driven by the common council. Council Member Floam stated that he would like this process to begin, so there is the opportunity for public forum and public input. Floam does not think that this process is being pushed too fast.  Floam reiterated that if the public wants to make the change it is up to the citizens. Council Member Esslinger followed up with the process of a state referendum. Mayor Mugereauer noted that the process that Council Member Esslinger stated is accurate, and is dedicated by the state of Wisconsin.
					Future Agenda Items
					Contract for EMS Services Outside of City and Impact on Need for 4th Ambulance Unit, August 27th, in-meeting workshop
					Presentation of 2023 Annual Comprehensive Financial Report (ACFR) by KerberRose, August 27th
					Future Meetings & Workshops
					Budget Workshop #2 - 2025 Early Projections and Direction on Priorities from Council, August 28, 2024, 5:00 p.m.
					Undergrounding Utilities, date to be determined
					COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
					CITY MANAGER ANNOUNCEMENTS & STATEMENTS
					Professional Services Agreement with AECOM for Environmental Services during Geotechnical Subsurface Exploration Project for the 2025 Capital Improvement Projects ($38,845)
					Emergency Purchase of Roof Repairs from Kaschak Roofing Inc. for the Public Library ($34,380.00)
					Strategic Plan Dashboard Updated for 2nd Quarter
					Outstanding Issues
					ADJOURN - 9:06 p.m.

SUBMITTED BY DIANE BARTLETT CITY CLERK