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HomeMy WebLinkAbout02. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 14, 2020 REGULAR MEETING held Tuesday, January 14, 2020, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided PRESENT: Council Members Bob Poeschl, Sill Miller, Deb Allison-Aasby, Matt Mugerauer, Jake Krause and Mayor Lori Palmeri EXCUSED: Deputy Mayor Steven Herman ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, Allen Davis, Director of Community Development Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Tanner Herlihy and Patrick Jacoby from Trinity Lutheran School. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director. Receipt and Filing of Oshkosh Public Library Board Minutes from November 21, 2019. Receipt & Filing of Common Council Minutes from November 26 and December 10, 2019. Resolution 20-01 Approve Purchase of Ballistic protection Equipment for the Oshkosh Fire Department ($26,409.05) PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Mugerauer thanked the community for their support in getting the equipment for the Fire Department. Resolution 20-02 Approve Agreement for Disposal of Contaminated Soil from Various Projects in the 2020 — 2022 Capital Improvement Program / Waste Management- Wisconsin ($4,766, 000.00) Mayor Palmeri asked for an explanation of the agreement and cost. James Rabe, Director of Public Works, stated the amount estimated was based on what the City felt could be found during the Capital Improvement Program projects. He explained Waste Management was the only resource that would take the soil and the City would negotiate rates with them. Resolution 20-03 Approve Professional Services Agreement for 2020- 2022 Illicit Discharge Detection & Elimination Outfall Screening & Revisions to the Ongoing Screening Program/OMNNI Associates, Inc. ($79,545.00) Resolution 20-04 Approve Change Order No. 1 for Public Works Contract No. 19-07 Water Main & Lateral Relay/Dorner, Inc. (-$65,073.39) Resolution 20-05 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 20-04 A) Snell Road (Jackson Street to 600' East of Moser Street) B) North Main Street (Snell Road to 2,300' South of Snell Road) C) Moser Street from Snell to 150' South of Snell Road Resolution 20-06 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation) Driveways Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 20-05 A) Oregon Street (West 21s' Avenue to 150' South of West 281h Avenue S) West 281h Avenue (Oregon Street to the end of West 281h Avenue C) Congress Avenue (Sawyer Street to Summit Avenue) 2 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 D) West 22ND Avenue from Oregon Street to 100' East of Oregon Street E) West 23rd Avenue from 100' East of Oregon Street to 100' West of Oregon Street F) West 241h Avenue from Oregon Street to 100' East of Oregon Street G) Hughes Street from Oregon Street to 200' Southwest of Oregon Street H) West 251h Avenue from Oregon Street to 100' East of Oregon Street I) Bradley Street from West 281h Avenue to 150' South of West 281h Avenue Resolution 20-07 Approve Winnebago County & City of Oshkosh Inter-Agency Agreement for Haz-Mat Response Services Resolution 20-08 Approve Street Right of Way Dedication at the Southwest Corner of Merritt Avenue and Boyd Street (Plan Commission Approved) Resolution 20-09 Approve Conditional Use of Permit to Establish an Indoor Sales Use at 2837 Bowen Street (Plan Commission Approved) Resolution 20-10 Approve Specific Implementation Plan for a Commercial Hotel Development at 1365 N. Westfield Street (Plan Commission Approved) Resolution 20-11 Approve Specific Implementation Plan Amendment for a Reduced Front Yard Setback for Property Located at 1955 South Koeller Street (Plan Commission Approved) Council Member Mugerauer explained his question pertained to all the special events listed in the consent agenda. He questioned the proposed rates for special events, and if the events would be invoiced at the proposed 2020 rates or the amounts listed in the resolution. Kathy Snell, Special Events Coordinator, stated the estimated amounts listed on the resolutions were based on 2019 rates; and with Council approval of the 2020 fees, the amounts would be change and applicants would be given updated costs for their events. Council Member Miller questioned the cost for the special events. 3 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Mr. Rohloff stated the proposed rates were on a separate resolution listed later on the agenda. He explained the resolutions for the special events in the consent agenda approved the event/permit and estimate of cost. Resolution 20-12 Approve Special Event—Otter Street Fishing Club to utilize Menominee Park & Millers Say for the Otter Street Winter Fisheree & Pond Hockey event/January 31 & February 1, 2020 Resolution 20-13 Approve Special Event— Special Olympics Wisconsin to utilize Menominee Park, Millers Say & City streets for the Polar & Freezin' for Reason 5K/February 14 & 15, 2020 Resolution 20-14 Approve Special Event—Battle on Sago Foundation, Inc. to utilize Menominee Park & Millers Say for the Battle on Sago event/ February 20 —22, 2020 Resolution 20-15 Approve Special Event—DuTri Run Foundation to utilize Amphitheater, Riverwalk & City streets for the Oshkosh Half Marathon & 5K/April 26, 2020 Resolution 20-16 Approve Special Event—National Alliance on Mental Health Oshkosh (NAMI) to utilize City streets & sidewalk for the Oshkosh 5K for Mental Health & Suicide Awareness /May 1, 2020 Resolution 20-17 Approve Special Event—Otter Street Fishing Club & Battle on Sago Foundation to utilize Menominee Park for the Otter Street Walleye Tournament/June 19 - 21, 2020 Resolution 20-18 Approve Special Event—Digital Documents, LLC d/b/a L & K Productions to utilize Opera House Square & Market Street for Square Fare /June 20, July 18, August 15, & September 19, 2020 Resolution 20-19 Approve Special Event— Central Wisconsin Auto Collectors to utilize South Park for the Central WI Auto Collectors Benefit & Car Show/June 28, 2020 Resolution 20-20 Approve Special Event—UW Oshkosh to utilize Menominee & City streets for the Titan 5K/August 1,2020 4 PROCEEDINGS OF THE COMMON COUNCIL-JANUARY 14, 2020 Resolution 20-21 Approve Special Event—Otter Street Fishing Club to utilize Menominee Park & Ames Point for the Otter Streets Kids Fisheree / August 8, 2020 Resolution 20-22 Approve Special Event—Run Away Events to utilize the Riverwalk & City streets for the Lumberjack&Jill Run-Riverwalk& City streets for the Lumberjack & Jill October 3, 2020 Resolution 20-23 Approve Appointment to Landmarks Commission & Committee on Aging Resolution 20-24 Approve Combination"Class B" License, Special Class "B" &Operator Licenses MOTION: ADOPT CONSENT AGENDA (Poeschl; second, Allison-Aasby) CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 20-25 Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development (CMU-PD) at 717 Oregon Street (Plan Commission Approved) MOTION: ADOPT (Poeschl; second, Miller) CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri Council Member Mugerauer indicated the applicant was a distant relative of his and there was no discussion regarding the project. Ordinance 20-26 Approve Parking Regulations on 3rd Avenue and MacArthur (Traffic & Parking Advisory Board Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES 5 PROCEEDINGS OF THE COMMON COUNCIL-JANUARY 14, 2020 Ordinance 20-27 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay at 2120 Jackson Street (SMU-PD) (Plan Commission Approved) Mayor Palmeri asked for an explanation. Mark Lyons, Planning Services Manager, stated the development was going to be an auto store and the current structure would be removed and the surrounding area would be cleaned up. Mayor Palmeri questioned the amount of green space. Mr. Lyons explained the residential lot on the eastern side was 135 feet in width. FIRST READING: LAID OVER UNDER THE RULES Ordinance 20-28 Approve Zone Change from Single-Family 2 (SR-2) District to Corporate Business Park—Planned Development (CBP-PD) District for Property Located at 1650-1660 Oshkosh Avenue (Plan Commission Approved) FIRST READING: LAID OVER UNDER THE RULES Resolution 20-29 Approve Specific Implementation Plan for a Light Manufacturing, Retail & Educational Facility at 717 Oregon Street (Plan Commission Approved) MOTION: ADOPT (Allison-Aasby; second, Miller) CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri asked for an explanation. Mr. Lyons stated the facility would be an educational opportunity, the owner had a curricular agreement with UW-Oshkosh and the Oshkosh Area School District. He explained the venom lab produced anti-venom and anti-toxins for bites and cancer research. 6 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Resolution 20-30 Approve Tax Increment District No. 39 Project Plan; Designate Tax Increment District No. 39 Boundaries; Create Tax Increment District No. 39 Cabrini School Redevelopment (Plan Commission Approved) MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri asked for a summary. Mr. Davis stated the existing structure was a vacant school and the developer had looked into the historic tax credit to renovate and apply for low housing tax credits. He explained the building would have 30 units for senior housing. He stated more information would be available in April. Mr. Lyons stated the project scored 98 percent when using the tax incremental financing (TIF) score sheet. Resolution 20-31 Approve City Manager 2019 Performance Evaluation & 2020 Compensation MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Poeschl, Miller, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri explained with Deputy Mayor Herman not present, Council Member Krause would read the Council feedback on City Manager Rohloff's performance evaluation. Council Member Krause read the statement that summarized the following: 2019 was a challenging year for the City Manager,he remained focused on details and the strategic plan for the City. He stated with diligent work by Mr. Rohloff and city staff, the budget was balanced and hired addition city staff. He explained the City continued to work to improve streets, storm sewers concerns and economic development. He stated the Council had confidence in City Manager Rohloff to continue to move the City of Oshkosh forward. He explained the Council had recommended approval of a 3.57% pay raise retroactive to the first of the year for 2020 bringing his salary to$159,500 and there would be no change in his benefit package. 7 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Mugerauer thanked Deputy Mayor Herman for his diligent and professional work on City Manager Rohloff performance evaluation and prepared Council feedback for 2019. He also thanked City Manager Rohloff for his leadership this past year and service over the years. Mr. Rohloff expressed his gratitude to all throughout the process. Resolution 20-32 Approve Charges for Extraordinary Services for Special Events —2020 MOTION: ADOPT (Mugerauer; second, Poeschl) MOTION: AMEND TO IMPLEMENT 2020 RATES & FREEZE FOR TWO YEARS (Poeschl) WITHDRAWN MOTION: AMENED 2019 LABOR RATES FOR 2020 CALENDAR YEAR (Miller; no second) LOST: LACK OF SECOND VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (5) Poeschl, Allison-Aasby, Mugerauer, Krause, Mayor Palmeri Noes (1) Miller Council Member Miller requested an explanation of the proposed fees. He felt organizers of the events needed consistency. Russ Van Gompel, Director of Finance, stated as the new Finance Director he was asked to review how the costs were allocated for special events, to be fair to organizers and taxpayers. He explained there are two components, one being equipment reimbursement and the other labor. He explained the escalated schedule of the Federal Emergency Management Agency (FEMA) rate over the years and the proposed rate to be billed out for 2020 would be at 75%of the FEMA rate, a gradual increase. He stated his recommendation would be to change the labor costs. In the past, the City used the fully loaded labor rate, explaining the direct and non-direct benefits to an hourly rate as his memo outlined. He recommended to continue to pass along the direct benefit cost, the non-direct would be a percentage for the protective employees (30%)and for non-protective employees (25%). He stated he felt the proposed method would be fair to the organizations and taxpayers. He explained there was no cost to block parties. 8 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Allison-Aasby stated when she reviewed the 2019 and 2020 fees it appeared the proposed fees were reduced. Mr. Van Gompel explained there was allocated personnel assigned to the events and that the number required was different depending on the size of event. He stated his memo explained the cost using the previous method and the proposed method. Council Member Miller stated his concerns with the inconsistency and suggested a freeze. Mr. Van Gompel stated he was comfortable using the proposed methodology going forward. It was important to be flexible and take in consideration the cost of living. Council Member Mugerauer stated his appreciation of the finance director reviewing the rates and adjusting them to an accurate cost of the events. He explained the organizations that required the police, fire and park departments would see a reduction in labor cost. He stated his concern was with the federal estimate used in the equipment cost. Mr. Van Gompel explained he had worked with the percentage method of other municipalities and all departments involved with special events discussed the proposed methodology. He stated FEMA was a standard that is used in the cities and cautioned Council to not give a reduction in an event there was a natural disaster, the City would not be able to recover the cost from FEMA. John Fitzpatrick, Assistant City Manager / Director of Administrative Services, explained the potential of the Wisconsin Retirement System (WRS) rates reduced in the future. He stated there was nothing wrong with the previous method, the proposed rates reflected the labor cost that included direct benefits that were fair and accurate. Mayor Palmeri questioned Council Member Miller if he was opposed to the decrease in fees. Council Member Miller stated yes, the reduction in fees was not significant and would be short lived. He expressed the need to be consistent and would be willing to propose a two year freeze on the rates. Council Member Krause stated the table showed the fees indicated the rate reduction and felt the event organizers would see the decrease in a positive manner. He explained as a City the cost involved in these special events needed to be covered and with potential wages increased, the City needed to be flexible with these fees. He stated he would be opposed to a freeze on the rates. 9 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Poeschl questioned if there was a freeze on the rates would Mr. Van Gompel do anything different. Mr. Van Gompel replied no,he stated the methodology he proposed had a strong merit and was fair to the special events and taxpayers. Council Member Poeschl proposed a motion for the 2020 rates and a two year freeze. Council Member Mugerauer requested clarification on the motion, was it on the current 2020 fees or the proposed increased fees. Council Member Poeschl responded his motion was for the proposed fees. Ms. Lorenson reminded Council the Oshkosh Municipal Code required the Council to approve the special events rates each year. Council Member Poeschl stated Council could adopt the same fees each year. Ms. Lorenson confirmed that Council could adopt the fees each year, she explained the motion to freeze the rates to two years. Council would be trying to have a resolution supersede an ordinance. She explained Council would need to address the matter differently. Council Member Krause stated every Council would vote on the fees each year. Mr. Rohloff states the FEMA rates would be brought back to Council for approval. Council Member Mugerauer states another option would be to change the ordinance. Mayor Palmeri questioned Council Member Poeschl if his motion was withdrawn. Council Member Poeschl replied yes. Council Member Allison-Aasby questioned when negotiations would start for the police fire and transit department, she stated this would impact the fees with increased wages and all areas of compensation. Mr. Fitzpatrick stated contracts expired at the end of 2020 and collective bargaining would begin mid-year. 10 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Allison-Aasby explained with a lot of unknown. The length of contracts and increased wages it would be inappropriate to freeze the rates. Mr. Fitzpatrick stated with approval of the rates each year it provided the ability to evaluate them and be flexible. Ms. Lorenson stated the Council could freeze the rates for 2020. She explained the ordinance stated Council would adopt the rates each year and she wanted to caution the Council about multiple year freezes. Mr. Rohloff states Council could not take action one year and skip the next year on the fees. Council Member Miller proposed a motion to approve the 2019 rates for the 2020 calendar year. Mr. Rohloff questioned Council Member Miller if the motion pertained to labor rates. Council Member Miller replied yes. Mayor Palmeri questioned if the motion include the entire list of fee rates or the labor rates. Council Member Miller requested clarification on the FEMA rates Mr. Van Gompel replied in 2019 the City charged 50% of the FEMA rate and in 2020 the proposed increase was 75% of the rate fee structure. Ms. Snell explained the increase was due to the FEMA rates were slightly increased in 2019 and Council needed to adopt the new rate. Council Member Miller stated the FEMA rate was increased and the discount was decreased. Mayor Palmeri stated with Council approval on the special event rates each year, it was a challenge to groups that used our community. She indicated the ordinance stated Council was to review the fees each year and if Council was not in favor of the ordinance, it needed to be amended /revised or addressed in the future. Council Member Allison-Aasby explained in the past when dealing with special event fees she had received feedback and with the proposed rates she had received no feedback. She stated her appreciation Mr. Van Gompel's efforts and would support the resolution. 11 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Resolution 20-33 Oppose SB560, Legislation that Would Limit the Ability of Cities to Exercise Discretion in Creating & Managing Tax Increment Financing (TIF) Districts. MOTION: ADOPT (Allison-Asby; second, Mugerauer) LOST: Ayes (3) Miller, Allison-Aasby, Mugerauer Noes (3) Poeschl, Krause, Mayor Palmeri Council Member Mugerauer asked for an update. Mr. Rohloff explained the League of Municipalities had informed communities that the public hearing that was to be held around the holidays had been postponed. He stated the proposal was to limit the maximum amount municipalities could use for direct grants to TIF Districts to 20% of the cost with the TIF and the City's policy allows up to 75% and at times higher. He stated this would undo what Council had done in recent years He explained the reason the percentage was high, in the past with a traditional TIF, the City would incur cost and pay them back,verses the developer not assuming the risk. He further explained, now with the 'pay as you go' district, the developer takes all the risks associated with the development. He stated the percentage of grants had risen more than the 20%. He explained there were other elements, such as the unanimous consent of Joint Review Board. He expressed he did not see that as an issue in our community, although there was a potential of an individual not in favor of the TIF. He stated his concern was the shift would be back to the City. Mr. Davis stated the concern would be where the risk was placed. Council Member Mugerauer stated his concerns about the unanimous consent of the Joint Review Board. He expressed he felt the State should focus on their issues and let local representative address their matters. Council Member Allison-Aasby agreed with City Manager Rohloff and Council Member Mugerauer. Mayor Palmeri stated she had a different perspective and was interested in preserving the ability to reduce risks with TIF districts. She stated she supported the unanimous consent of the Joint Review Board. She explained she could not support the resolution how it was written. She expressed the 20% was a significant reduction to the City's policy, and felt the City does not practice the TIF policy. 12 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 Council Member Miller stated the City did a lot of TIF District, the sizes were significantly smaller and felt percentages were below the average. Mr. Davis responded the City was over 100 million away from the cap and was judicious when implementing TIF Districts. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained there would a joint workshop scheduled on January 281h at 5:00 pm in room 404, with Council, Plan Commission, Redevelopment Authority and the Rental Housing Advisory Board Regarding Analysis of Impediments to Fair Housing Plan and CDBG 2020-2024 Consolidated Plan. Mayor Palmeri asked for an explanation of the workshop and how the public could participate. Mr. Davis stated the City had retained Urban Design Ventures, a consulting firm to help with the plan and their cost was $25,000.00. He explained the firm had done research, interviews, surveys and focus groups that would be in their report. He indicated the report would be presented to select groups. Mayor Palmeri questioned the workshop on website changes. Mr. Rohloff stated the workshop would be for Council Member to discuss concerns regarding the website and a date needed to be determined. He explained there would be computers set-up and it would be hands on with Information Technology (IT) personnel. He stated when the police facility study was complete, Council would receive a copy to review. He mention that Jason White from Greater Oshkosh Economic Development Corporation would like to have a workshop with Council to give an update. CITIZEN STATEMENTS TO COUNCIL There was no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member Announcements or Statements. 13 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 14, 2020 CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated that the strategic plan and fourth quarter report would be in the next Council Agenda. He asked James Rabe to give Council an update on the bridge closure. James Rabe,Director of Public Works, stated the latest communication from the Department of Transportation was to close the Oshkosh Bridge mid to late February. The completion date had not changed, and the contractor was subject to liquidated damages when not on schedule. Mr. Rohloff, updated the Council on the purchase of the 2020 computers. He informed the Council that there were two half day workshops with supervisors regarding the Strategic Plan. He reminded Council of the all-day workshop on January 29, 2020 with Department Heads at the Oshkosh Corporation Headquarters Advancement Center. He explained the year end balances would be ready for the February 25, 2020 Council Meeting. MOTION: ADJOURN (Mugerauer; second, Allsion-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:15 p.m. PAMELA R. UBRIG CITY CLERK 14