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Oshkosh council adopts pedestrian-mall code change after debate over Algoma Alley lighting
Summary
The council approved an amendment to municipal code language on pedestrian malls (Ordinance 25-273). A proposed amendment to explicitly note Algoma Alley’s overhead lights failed after the city attorney warned the change could create contractual and maintenance complications for lights attached to private buildings.
The Oshkosh Common Council on May 27 approved Ordinance 25-273 to amend the municipal code section on pedestrian malls, affirming a process to designate pedestrian-only public right-of-way areas while rejecting a proposed amendment that would have added language noting that Algoma Alley is “in possession of overhead lights.”
Council member Larson moved to add a clause calling out overhead lights in Algoma Alley, saying the lights were a “defining characteristic” of that mall and would help future projects replicate the design. Larson said the wording would make it easier to point to the alley as an example and to speed future installations.
The city attorney cautioned that adding the lighting language into the traffic-code section governing pedestrian malls could create unintended consequences because many of the alley lights are attached to private buildings under separate agreements. The attorney said: “The concerns I have with adding the lights in... the lights are attached to private buildings. And those agreements can be canceled by the property owners. They can be canceled by us.” The attorney warned that codifying the lights in the pedestrian-mall ordinance could create a de facto requirement or complicate existing contractual easements and would likely require an extended amendment process through the plan commission and council.
Council members who opposed the amendment agreed that lighting arrangements and easements were important to document, but argued that the traffic-code section is focused on vehicle and pedestrian use and not private attachments. Council member Bulow asked whether preserving the language would affect maintenance or change the alley’s status as a pedestrian mall; the city attorney said the ordinance’s primary purpose is traffic regulation and that private lighting agreements are better handled contractually.
The council took a roll-call vote on the proposed amendment; the amendment failed (two in favor, four opposed). The recorded votes on the amendment were: Council member Nichols — no; Council member Larson — aye; Council member Spambauer — no; Council member Flom — aye; Council member Bulow — no; Council member Mugelauer — no.
After defeating the amendment, the council voted 6-0 to adopt Ordinance 25-273 as originally written.
Council members and staff said the city already has agreements in place with property owners in Algoma Alley and that those agreements provide a precedent for future projects. Some council members said they remain open to a separate process or policy to streamline alley lighting installations, but declined to change the ordinance language in this traffic-code section.
