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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN NOVEMBER 26, 2019 REGULAR MEETING held Tuesday, November 26, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided PRESENT: Council Member Matt Mugerauer, Jake Krause, Bob Poeschl, Bill Miller, Deb Allison-Aasby, Deputy Mayor Steven Herman and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; John Fitzpatrick, Assistant City Manager and Director of Administrative Services Council Member Mugerauer read the Invocation. The Pledge of Allegiance was led by Edward Lee from Lakeside Elementary School; and, Ezekiel Lee from South Park Middle School. CITIZEN STATEMENTS Tony Palmeri, 212 W. Parkway Avenue, thanked the parks, transit and fire department for their impact on Charlotte Dyer's life, the Mayor's mother and his mother in law who recently passed. Steve Barney, 1335 Summit Avenue, expressed his concerns regarding climate change and thanked Greta Thunberg for her efforts. He stated he was pleased with the direction of the sustainability board. He read a passage from Greta Thunberg's speech. CONSENT AGENDA Report of Bills by the Finance Director Approval of Cash Report from July, 2019 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 Resolution 19-589 Approve Settlement with Walmart for Property Tax Assessments for Tax Years 2017, 2018 & 2019 for Property Located at 351 South Washburn Street Resolution 19-590 Approve Professional Services Agreement for Environmental Support for 2020 Capital Improvement Projects / Support for 2020 Capital Improvement Projects /Technical Services, Inc. ($97,500.00) Resolution 19-591 Approve Professional Services Agreement for Optimized Lead & Copper Corrosion Control Treatment Demonstrative Study/Jacobs Engineering Group, Inc. ($158,500.00) Resolution 19-592 Approve Change Order No. 1 for Public Works Contract No. 19-14 Ceape Avenue Parking Lot Reconstruction & Fencing for Police Department Parking Lot/Vinton Construction Company, Inc. ($126,239.80) Resolution 19-593 Approve Intergovernmental Agreement with Town of Oshkosh for Re-Paving of Vinland Street Resolution 19-594 Approve Agreement with Sprint for Cellular Antenna Installation on New Marion Road Water Tower ($27,600.00 Annual Payment to City) Resolution 19-595 Approve Conditional Use Permit for an Outdoor Storage Use at 36 East 101h Avenue (Plan Commission Recommends Approval) Resolution 19-596 Reassign Polling Site for District 4 Deputy Mayor Herman received an email from County Board Supervisor Windgren that stated his concerns about individuals not voting within their district. He asked Clerk Ubrig for clarification on moving the polling site and where voters would vote. Ms. Ubrig stated that in 2017 she moved four polling sites out of the schools and relocated them. She explained that Webster Stanley Elementary School was the only school remaining as a polling site and the school administration had requested the polling site be relocated. She explained the safety issues and disruption the voting process was to the school's daily activities. She stated she looked at other sites within the district to accommodate voter accessibly, parking and security: those sites did not meet the requirements. She explained she looked outside the district and the library was an option. She stated she toured the 2 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 library, it meet all the requirements, was a good fit and would be a positive experience for voters. She explained she would do her due diligence to inform the voters and make their transition as smooth as possible. Deputy Mayor Herman expressed his concerns about the site being 1.36 miles from the current polling site, which had many elderly voters in the district with a high voter turn- out. He stated he hoped if approved, the public would get out and vote. He understood things could change after the 2020 Census. He questioned if there were other polling sites outside their districts. Ms. Ubrig stated that this was the first time a site was outside the voting district boundaries in her time with the City. She stated that due to circumstances she had to look outside of district. She explained the district had a high voter turnout and for convenience the elderly could vote by absentee ballot. She thanked Webster Stanley School for their partnership throughout the years. Resolution 19-597 Approve Special Event—UW Oshkosh to host their Midyear Commencement at the UW Oshkosh Kolf Sports Center/December 14, 2019 Resolution 19-598 Approve Special Event—Father Carr's Place 2 Be to utilize City streets for the Father Carr's Bridge Walk/May 30, 2020 Resolution 19-599 Approve Special Event—Oshkosh North Baseball, Inc. to utilize Reetz Softball Complex at Menominee Park for the Spartan Summer Slam/ June 5 - 7, 2020 Resolution 19-600 Approve Special Event—Anglers Insight Magazine (AIM) to utilize Menominee Park & Millers Bay for the AIM Weekend Walleye Tournament/June 7, 2020 Resolution 19-601 Approve Special Event—Oshkosh Yacht Club to utilize Menominee Park near the beach house, Merritt Avenue & Lake Shore Drive for Championship Regatta/August 21 - 23, 2020 the Laser District 20 Resolution 19-602 Approve Special Event—Anglers Insight Magazine (AIM) to utilize / Menominee Park & Millers Bay for the AIM Weekend Walleye Series State Championship August 21 & 22, 2020 3 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 Resolution 19-603 Approve Special Event - ReThink Addiction Run to utilize City streets for the ReThink Addiction Run/Walk/ September 12,2020 Resolution 19-604 Approve Appointment to Landmarks Commission Resolution 19-605 Approve Combination "Class B" License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 19-589 (Mugerauer; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Resolution 19-589 Approve Settlement with Walmart for Property Tax Assessments for Tax Years 2017, 2018 & 2019 for Property Located at 351 South Washburn Street MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Council Member Poeschl requested an explanation of the settlement. Ms. Lorenson replied the City had an appraisal done and it was comparable yet it was not dark store comparable. She stated the Walmart appraisals used some dark store comparables. She explained the square footage of surrounding city's were looked at and not sure if amounts were lowered in prior years using the dark store methods. Mr. Rohloff stated it was not the dark store method and the Walgreen's case was a closer analogy to the process the city was following. Ms. Lorenson replied there was a lot involved and had an expert review the assessor's assessment. She stated the Walmart's appraisal was reviewed along with how other municipalities valued there properties. Council Member Poeschl questioned if this tool was being used by larger corporations to contest their tax assessed value to lower their tax bill. Ms. Lorenson and Mr. Rohloff agreed. 4 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 Council Member Poeschl questioned if staff felt this was an appropriate payout. He stated that larger corporations worked the process to get a lower bill and taxpayers were paying the difference. He questioned the settlement amount and if there were funds available. Ms. Lorenson replied yes and stated the case was thoroughly evaluated and felt the amount was high. She stated they paid the 2017-2018 taxes and the city would refund that portion. She stated there would be charge backs for the taxing jurisdictions. Due to the timing the city was unable to recalculate the amount for the 2019 tax bill and Walmart would receive a refund once the taxes were paid. She stated she was unsure how that would affect the budget. Russ Van Gompel, Director of Finance, stated that the 2019 tax bill would need to be paid, request a refund, and then the charge back process would take place. Council Member Miller questioned if the charge back funds would come from the budget or the general fund. Mr. Van Gompel replied all tax collections are held in a separate fund. He explained the city would charge back the other tax entities for their share after payment was received. Mr. Rohloff replied the process will go through accounting that will demonstrate the funds coming in and going out. He stated it will show it as an expenditure in the budget. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-606 Approve Zone Change from Institutional (I) District to Institutional Planned Development (I-PD) District at 1745 Oregon St (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Ordinance 19-607 Approve Zone Change from Institutional (I) District to Institutional Merritt Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri 5 PROCEEDINGS OF THE COMMON COUNCIL-NOVEMBER 26, 2019 Ordinance 19-608 Cancel December 24, 2019 Council Meeting (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Ordinance 19-609 Update Parking Regulations on Eagle Street and Marion Road (Traffic &Parking Advisory Board Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 19-610 Designate the Intersection of West 101h Avenue & Minnesota Street as a 2-way stop (Minnesota stops for West 101h Avenue, currently a yield) (Traffic &Parking Advisory Board Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 19-611 Repeal & Replacement of Chapter 13 Fire Prevention Mayor Palmeri asked for a brief over view of the code. Mike Stanley, Fire Chief, stated the updates in the ordinance were to reflect the National Fire Protection Association standards within the international fire code. He explained the city would utilize the third-party vendor to preform record management system functions. He stated having the lock boxes to gain entrance would prevent issues getting into buildings going forward. He explained the department would assist with the installation and maintenance of the boxes. Mayor Palmeri requested an explanation of the fire pits in the city and permits. Chief Stanley stated the department received frequent calls of individuals having outside burning with no consideration of the weather, this would assist the department to regulate 6 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 and enforce the code. In an unlikely event, if there was an open burn creating a wild fire, the department would be able to restrict and ban those areas. Council Member Miller questioned if these codes would change the fire pits previously approved to use. Chief Stanley replied the ordinance created a permitting process and Council would need to approve additional changes. FIRST READING: LAID OVER UNDER THE RULES Resolution 19-612 Approve Great Neighborhoods Capital Improvement Programs Funding for Millers Bay Sign Design in the Amount of$18,500.00 Charles Williams, 1416 Menominee Drive, representing Miller Bay's Neighborhood Streetscape Committee, gave the history of the neighborhood and requested council support on the proposed sign design. MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Resolution 19-613 Approve 2020 Across the Board Market Increase for Non-Represented Employees MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Resolution 19-614 Adopt Debt Management Policy (Long Range Finance Committee Recommends Approval) Council Member Mugerauer requested a brief synopsis of the policy. Russ Van Gompel, Director of Finance, stated the memorandum explained the four measurements of debt retirement. He explained the debt policy would assist to maintain or improve the city's rating. He stated with the policy, the city would be proactive with sound practices. 7 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 Mayor Palmeri questioned how the debt levy and meters would impact each other. Mr. Van Gompel replied they could be in conflict, he explained the debt and borrowing issues. Council Member Miller asked for an explanation of what debt looked like 12 years ago compared to today. He thanked the Long-Range Finance Committee on their work. Mr. Van Gompel stated the city debt was a financial tool due to the local government limitations from the State of Wisconsin. He explained it was important for the Long-Range Finance Committee to plan for future projects. MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri Resolution 19-615 Approve Specific Implementation Plan for an Adaptive Reuse of a Former School to a Senior Living Apartment; 619 Merritt Avenue (Plan Commission Recommends Approval) Mayor Palmeri requested an overview of the project. Mark Lyons, Planning Service Manager, explained the project was being redeveloped into a senior living apartment complex and would require rezoning. Council Member Poeschl questioned the garage area of the development Mr. Lyons replied there would be 36 tenant parking stalls. Mayor Palmeri questioned the parking situation with the church. Mr. Lyons replied there was an arrangement in place. Council Member Poeschl questioned the on street parking and condition of the street. James Rabe, Director of Public Works, stated Boyd Street had been reconstructed five or six years ago and would not be redone for a long time. Council Member Poeschl questioned the driveways on the north and east side. 8 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 Mr. Lyons explained the north side entrance was for the church and senior living project: the east side would be for the living center project only. He stated the senior living complex would be affordable housing with 35 units and available for individuals 55 years and older. Council Member Poeschl questioned angle parking. Mr. Rabe stated that angle parking was requested by the property owner and assessed. MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mr. Rohloff stated there would be a workshop on January 28, 2020 at 5:00 p.m. in room 404; the room would be arranged to accommodate all boards involved. Mayor Palmeri indicated the workshop would include the Plan Commission, Redevelopment Authority, Housing Authority and Common Council. Mr. Rohloff reminded Council of the Strategic Planning Retreat scheduled for January 29, 2020. Allen Davis, Director of Community Development, explained the draft plans were on the website and the final documents would be available after the retreat. Mayor Palmeri discussed having a small child activity area at City Hall for kids during board and commission meetings. Deputy Mayor Herman questioned if there were legal issues. Mayor Palmeri stated the area would have parent supervision, with a television setup so parents could follow along and return to the meeting when their presence was needed. Council agreed with supervision of a parent it was a good idea. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. 9 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 26, 2019 CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Poeschl, Deputy Mayor Herman and Mr. Rohloff discussed if student transit should be an agenda item or discussed in closed session. Council Member Allison-Aasby thanked Council Member Mugerauer, the Long-Range Finance Committee and staff for their review and suggestions on the debt policy. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff discussed the housing stock inventory and reviewed several professional service agreements that included capital improvement projects for 2020, structural engineering, storm water and site plan review. He mentioned the pamphlet showing how tax dollars were spent and that it would be mailed with tax bills. Council Member Miller asked for an explanation Mr. Van Gompel explained the property tax distribution and levy allocation. MOTION: ADJOURN (Mugerauer second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:10 p.m. PAMELA R. UBRIG CITY CLERK 10