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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 8, 2019 MEETING held Tuesday, October 8, 2019, at 5:00 p.m. in the City Manager's Office, City Hall Mayor Palmeri presided. PRESENT: Council Members Sill Miller, Steven Herman, Matt Mugerauer, Jake Krause, Bob Poeschl and Mayor Lori Palmeri EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, James Rabe, Director of Public Works and Steve Gohde, Assistant Director of Public Works/Utilities General Manager ALSO PRESENT: Art Harrington and Ned Whitte, Godfrey and Kahn S.C. MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTIONS 19.85 (1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS OPTIONS, STRATEGY AND PARAMETERS RELATED TO RECENT REQUEST BY WDNR RELATED TO THE CITY'S WPDES PERMIT WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION AND 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS INVOLVED IN RELATION TO THE CITY'S WPDES PERMIT (Herman; second, Mugerauer) CARRIED: Ayes (6) Miller, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Council Member Allison-Aasby arrived at 5:01 p.m. MOTION: ADJOURN (Herman; second, Krause) CARRIED: VOICE VOTE The meeting adjourned at 5:01 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 8, 2019 REGULAR MEETING held Tuesday, October 18, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Sill Miller, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause, Bob Poeschl and Mayor 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 Miller read the Invocation. The Pledge of Allegiance was led by Ellen & Molly Moore from Lourdes Academy High School. PROCLAMATIONS Mayor Palmeri proclaimed the second Monday in October to be recognized as Indigenous Peoples Day in Oshkosh. Eugene Caldwell from the Menominee Tribe accepted the proclamation. Mayor Palmeri proclaimed October 151h as White Cane Awareness Day in Oshkosh. Lori Werbeckes from the Wisconsin Council for Blind and Visually Impaired accepted the proclamation. INTRODUCTION OF CITY STAFF James Rabe, Director of Public Works, introduced Dan Gabrilska, Civil Engineer Supervisor. PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 PUBLIC HEARINGS Resolution 19-539 Resolution Authorizing Amendments to $8.7 Million, City of Oshkosh, Wisconsin Revenue Bonds, Series 2017A & 2017B (Oshkosh Community Young Men's Christian Association, Inc. Project) MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Council Member Poeschl asked for an explanation of the bond amendments. Ms. Lorenson explained the YMCA had previously bonded through the City to receive more favorable rates on the downtown renovation project and the amendment was a renegotiation that would result better rates for the long term. She stated because the bonds were initially authorized by the City, the amendment needed to be authorized as well. Mr. Rohloff stated the bonds were not a financial obligation or a risk to the City. Council Member Poeschl questioned if there were a number of entities the City worked with to complete this type of bonding and if there were certain qualifications they needed to meet. Mr. Rohloff explained they were previously known as industrial revenue bonds geared towards industrial development, however, a number of non-profit organizations had begun to take advantage of the option. He stated the City had been happy to work with the YMCA and several other organizations over the years to facilitate the bonds. Resolution 19-540 Approve Final Resolution for Special Assessments for Concrete Pavement, Sidewalk, Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay) Water Main & Laterals (New & Relay) & Storm Sewer Main & Laterals (New & Relay) Relating to Contract No. 19-24 Fernau Court (500' north of West Fernau Avenue to 675' north of West Fernau Avenue) MOTION: ADOPT (Allison-Aasby; second, Miller) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri 2 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 CITIZEN STATEMENTS There were no citizen statements to Council. PRESENTATION Mr. Rohloff requested the recognition of the Midtown neighborhood association take place prior to the remainder of the agenda to allow the representatives the opportunity to participate. Pamela Ruder, Greater Oshkosh Healthy Neighborhoods Initiative (GO-HNI), explained the Midtown neighborhood would be the eighteenth neighborhood association in Oshkosh. She stated the association was located between Irving Avenue and New York Avenue, from Broad Street to Main Street. She stated the association was comprised of 419 parcels and had their first meeting scheduled for November 51n Mayor Palmeri welcomed and congratulated the new neighborhood association. Council Member Mugerauer thanked the group for their efforts. Council Member Allison-Aasby indicated she was aware the GO-HNI office had moved. Ms. Ruder explained the office had moved to 100 N. Main Street on the first floor in suite 103 and was sharing space with the Greater Oshkosh Economic Development Corporation. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Oshkosh Public Library Board Minutes from August 29, 2019 Receipt & Filing of Common Council Minutes from September 24, 2019 Approval of Cash Report from June 2019 Receipt of Claims filed with the City's Insurance Company: A) Eric Schlichting (Water City Properties) for alleged damages from the Police Department - 6/21/2019 date of alleged incident B) Eric Schlichting (Water City Properties) for alleged damages from the Police Department - 9/20/2019 date of alleged incident 3 PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 8, 2019 Resolution 19-541 Approve Amendment to 2019 CIP Budget for TIF #19—Fernau Court Cul-de-sac paving $145,000 Resolution 19-542 Approve Change Order No. 1 for Public Works Contract No. 19-04 Hazel Street (Washington Avenue to East Irving Avenue Reconstruction, Fernau Court Paving & Pearl Avenue Paving) Dorner, Inc. (+$265,593.08) Resolution 19-543 Approve Granting Privilege in Street to Masters Oshkosh LLC, Rogans Stores Oshkosh, LLC & Phoenix Reality, LLC for Placement of Storm Water Management Facilities within Public Right of Way; South side of the 1800 Block of West 201h Avenue (Plan Commission Recommends Approval) Resolution 19-544 Accept Storm Water Easement at 2105 South Koeller Street (Plan Commission Recommends Approval) Resolution 19-545 Approve Appointment to Public Arts & Beautification Committee Resolution 19-546 Approve Combination "Class B" License, Agent Changes for Class "B" Fermented&Combination"Class A" License,Operator Licenses & Secondhand Dealer License MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-547 Designate the Intersection of Wisconsin Street & Linwood Avenue as a Four Way Stop Intersection & the Intersection of Wisconsin Street & Viola Avenue as a Two Way Stop Intersection (Viola Stops for Wisconsin) (Traffic & Parking Advisory Board Recommends Approval) MOTION: ADOPT (Poeschl; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri 4 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Ordinance 19-548 Approve Closure of Waugoo Avenue&Otter Avenue at the Railroad Crossings MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Mayor Palmeri requested an explanation of the closure. James Rabe, Director of Public Works, explained the Canadian National Railroad had requested the closures to facilitate necessary work at the crossings. He stated the work was anticipated to take approximately a week, however, the railroad had requested two weeks in the event of inclement weather. Resolution 19-549 Approve General Development Plan Amendment & Specific Implementation Plan for Property adjacent to 1033 N. Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Ed Bowen, 1664 River Mill Road, explained he represented the developer for the project and thanked Council for the opportunity. He stated despite what the Northwestern published, the double drive through did not require any sort of special consent. He explained the base standard modification was necessary due to the location of the drive through equipment and dumpster as a result of the unusually large setback. He stated he understood there had been concerns raised during the plan commission approval regarding signage. He explained the project was significantly below what was permitted for signage. He stated he believed the two base standard modifications they were requesting would be approved based on the uniqueness of the site layout and that they were aligned with the development pattern. He thanked Mr. Rohloff and City staff for their work on the project. Council Member Herman stated it was his understanding that the developer would add a limited amount of parking stalls and the rest was existing, therefore the amount of impervious surface would not significantly increase. Mr. Bowen agreed. He explained the existing shared ponds would have enough storm water capacity to support the site. 5 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Council Member Allison-Aasby stated it was her understanding that the dumpsters would be enclosed by brick surround and landscaping. Mr. Bowen explained it would be a brick enclosure and presented a sample of the typical brick color palette for the restaurant chain. He stated the area would also be landscaped. Council Member Mugerauer thanked Mr. Bowen for his clarifications. He stated he understood work had been going into the site plan for quite some time. Mr. Bowen agreed and indicated it was a unique site and it was notable that there were only two base standard modifications requested. Council Member Mugerauer explained any development at the site would likely need a dumpster enclosure in that specific location. Mr. Bowen stated the development pattern of the site was limited due to the setback and the underground pipeline. He explained it was also the most convenient location for employees. Council Member Mugerauer stated the location of the dumpster enclosure and drive through equipment was not out of character compared to other developments in the area. He explained he was surprised it was a split vote on the plan commission. Mr. Bowen stated that was why he had wanted to clarify the rationale behind the requests. He explained the developer and Chick-fil-A had made every effort to request as few variations as possible. Council Member Miller stated he had received a number of inquiries questioning when Chick-Fil-A would open. Mr. Bowen stated as he was not a formal representative of Chick-Fil-A and could not make a definitive statement, however, it was his understanding construction would begin in spring with opening anticipated for August/September. He explained site preparation and development would begin in the near future and indicated that the Grand Chute project moved forward quickly. Council Member Poeschl stated he had watched the transition of the Grand Chute site and had been impressed with the speed of the project. He questioned why Chick-Fil-A was interested in this particular location. 6 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Mr. Bowen explained he was not a formal representative for Chick-Fil-A,however,based on his experience as a developer who evaluated sites he could surmise that highway proximity, highway visibility, ample parking and 'Class A' type co-tenancy were contributing factors. He stated Lowe's, Dicks Sporting Goods, Petsmart, Panera and Kwik Trip were top class businesses to share an area with and would help attract a similar customer base. He explained similar conditions existed at the Grand Chute site. Mayor Palmeri stated she understood how difficult a corner lot could be, especially related to the requests for the base standard modifications. She questioned if there had been any other consideration related to the placement of the drive through based on the prime real estate of the location. Mr. Bowen explained the drive through placement was in line with the zoning code of the district and compared it to Verve Credit Union's drive through next to the property. He stated the base standard modification was for the equipment and not the drive through itself. Mayor Palmeri clarified her question was related to the equipment. Mr. Bowen explained due to the location of the pick-up window, there was not a favorable alternative location for the drive through equipment as it was the only spot that allowed for the minimum amount of vehicle stacking permitted while maintaining traffic efficiency and safety. Mayor Palmeri stated it sounded as though the developer had considered alternatives. Mr. Bowen agreed and explained they had spent 18 months reviewing multiple site plan scenarios. Council Member Poeschl stated he had observed in Grand Chute that at peak time traffic had to drive around the building to access the drive through. He asked for an explanation of other building locations in the site vicinity and how peak time traffic would impact the site. Mr. Bowen pointed out the other businesses on the site diagram. Council Member Poeschl questioned how the parking lot would handle the level of consumers coming from the two entry points on Washburn Street. Mr. Bowen explained the site was more favorable to high traffic than the Grand Chute 7 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 site due to multiple access and egress points. He stated he believed traffic would be circulated more efficiently and dissipated more effectively at the Oshkosh location. He explained Chick-Fil-A did an excellent job having employees help facilitate traffic. He stated he was not certain if the Oshkosh location would have the same amount of traffic that the Grand Chute location did upon opening, as it had been the first location in the Valley, however, he anticipated it would be successful. Mayor Palmeri indicated the question would be called soon. Council Member Poeschl stated he was trying to ask his questions. He questioned if there was a concern in relation to use of the shared parking lot. Mr. Bowen stated there were four total users of the shared parking lot, and due to their light use of existing parking, it would be an adequate amount for Chick-Fil-A to utilize. Mayor Palmeri questioned if Council had enough information to vote. Several Council Members stated yes. Resolution 19-550 Approve Amendment to TID Development Agreement & Agreement for Assignment of WEDC Grant Redevelopment Agreement with Rogan Stores Oshkosh LLC, Oshkosh Refurb, Inc. & Masters Oshkosh, LLC for Redevelopment of Aviation Plaza; Authorize Consent to Collateral Assignments of Development & WEDC Grant Redevelopment Agreement for Financing Purposes for Oshkosh Refurb, Inc. MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Mayor Palmeri asked for an explanation of the amendment. Mr. Davis stated the plan itself did not have any changes and the amendment was to reflect the Wisconsin Economic Development Corporation (WEDC) grant, the new ownership with Oshkosh Refurb, Inc., which had previously been Extreme Customs and the collateral assignment. 8 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Resolution 19-551 Approve Land Acquisition & Disposition Policy MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Mayor Palmeri asked for an explanation of the policy. Mr. Davis stated it had been brought to the attention of City staff that there was not a policy in place for the acquisition and disposition of property. He explained the processes had been created for individual residential sides and commercial, industrial and redevelopment sites. He presented flowcharts for each property type. He stated Council had the option to deviate from the process on a case by case basis. Mayor Palmeri explained she understood within the process there may be instances in which the advisory park board would be involved. She questioned if other boards/commissions, such as the sustainability advisory board or bike and pedestrian committee may become involved. Mr. Davis stated he had not contemplated that at this point, as certain departments maintained responsibility for various properties, including community development, parks department and public works. He explained those departments had applicable boards/commissions to oversee their projects, operations and long term plans, including the plan commission and park advisory board. He stated City staff typically presented applicable projects to the boards/commissions that would have an impact on the property. Mayor Palmeri explained she was aware that had been done in the past. Mr. Davis agreed and stated projects were often presented to applicable boards/commissions. Mr. Rohloff explained the policy would not preclude the involvement of other boards/commissions, it just listed the ones that were required. Mayor Palmeri stated she understood the review by certain boards/commissions was a statutory requirement and Council could send a project back to any board/commission for further review. Mr. Davis agreed. 9 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Council Member Mugerauer thanked City staff for their work on the policy. He recommended including how properties were acquired and their planned dispositions within City staff memos. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained a joint workshop meeting with the Oshkosh Area School District was scheduled for Tuesday, October 151h at 6:00 p.m. in room 404. Mr. Rohloff explained he had learned the school district was working on their facility advisory committee and would provide an update at the workshop. He stated City staff would provide insight regarding land use and other items as they evaluated various properties. He explained he believed they now had a full agenda for the meeting. Mayor Palmeri questioned what other items were listed on the agenda. Mr. Rohloff stated school transportation, the school district's facility advisory committee and a third item he could not recall and would provide to Council in the draft agenda. Council Member Herman reminded Council of the closed session immediately following the workshop with the school district. He requested Council Members provide him with any applicable information prior to the closed session. Mr. Rohloff explained there had been a question following the workshop on capital improvements and utility rates regarding establishing a separate rate for a minimal amount of usage. He stated an example would be an elderly individual with 2,000 gallons of usage. He explained the public service commission did allow such rates, and if Council was interested, City staff would add that item to the rate analysis as Ehlers prepared the rate application for submission to the commission. Council Member Herman stated he would like to pursue a separate rate in consideration of single person homes and other individuals with low usage. He questioned if the topic of budget billing was related. Mr. Rohloff explained budget billing was independent of the potential separate rate for minimal usage, however, City staff was actively working on the topic. He stated it may require additional public service commission approval. Council Member Herman questioned if other communities offered budget billing for water bills. 10 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 Mr. Rohloff stated they were not aware of any municipalities using budget billing for water bills at this time. Mayor Palmeri explained Watertown utilized a separate rate for low usage. Council Member Herman stated he understood Russ Van Gompel, Finance Director, was researching other communities utilizing budget billing for water bills. Mayor Palmeri explained during the workshop regarding utility rates, she believed she had used the incorrect nomenclature as it was her understanding that the public service commission had a different interpretation of a 'lifeline rate'. She stated through discussions with Watertown, she learned they had a separate 'basic services' rate, and not a lifeline rate. She explained Watertown charged one rate for usage up to 2,000 gallons, and a different rate for usage above that threshold. She stated she had also questioned if the City would be able to offer a separate rate to low income households. Council Member Mugerauer questioned how much input Council would have on the process in the future if they provided City staff with direction to analyze such rates. He stated Council would need to be aware of the implications such rates would have. Mr. Rohloff explained it would essentially be a redistribution of the rates, as the amount of revenue would not be able to change. He stated City staff and Ehlers would be able to analyze the rates, and prior to submitting the application to the public service commission, the information could be brought back before Council. Council Member Mugerauer explained he believed that would be appropriate. Mayor Palmeri stated there was presently four different tiers of rates, and consumers who used larger amounts were charged less while consumers who used smaller amounts were charged more. Council Member Mugerauer explained it was volumetric discounts. Mayor Palmeri stated it was her understanding it was a four tiered system. Mr. Rohloff explained City staff would begin work on analyzing the minimal usage rate. 11 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 8, 2019 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 stated the trail project related to the Oshkosh Corporation headquarters was making progress and City staff was working through the contamination concerns. He explained Mr. Davis had provided Council with a report regarding Oshkosh housing stock and a workshop would be scheduled in the near future. He stated the budgetary impacts would be discussed throughout the budget process. Mr. Davis explained there were additional related proposed funding programs that would be discussed. Mayor Palmeri questioned when the workshop would be scheduled for November. Mr. Rohloff stated prior to the November 261h Council meeting. Mayor Palmeri questioned if there was a workshop scheduled for November regarding the diversity, equity and inclusion committee. Mr. Rohloff explained there was not a workshop scheduled, however, it was scheduled to be listed for discussion on a future agenda. He stated the preliminary budget would be provided to Council on Friday, October 111h and budget workshops were scheduled for October 281h and 291h. He explained the Congress Avenue Bridge would close from 7 a.m. until 3 p.m. beginning October 21s' for approximately two weeks to complete preliminary work for the full closure over the winter. He stated the advisory park board review of the Lakeshore Park plan had been moved to October 21s' to encourage additional public attendance. He presented an Oshkosh Media video promoting the fire departments new ambulances. MOTION: ADJOURN (Allison-Aasby; second, Miller) CARRIED: VOICE VOTE The meeting adjourned at 7:25 p.m. PAMELA R. UBRIG CITY CLERK 12 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 15, 2019 SPECIAL MEETING held Tuesday, October 15, 2019, at 7:21 p.m. in the City Manager's Office, City Hall Mayor Palmeri presided. PRESENT: Council Members Matt Mugerauer, Jake Krause, Bob Poeschl, Sill Miller, Deb Allison-Aasby, Steven Herman and Mayor Lori Palmeri ALSO PRESENT: Pamela Ubrig, City Clerk MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTIONS 19.85 (1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Herman; second, Mugerauer) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Miller) CARRIED: VOICE VOTE The meeting adjourned at 7:22 p.m. PAMELA R. UBRIG CITY CLERK