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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 28, 2020 REGULAR MEETING held on Tuesday, April 28, 2020 at 6:00 p.m. in the Council Chamber, City Hall. Mayor Palmeri presided. PRESENT: Council Members Matt Mugerauer, Lynnsey Erickson, Bob Poeschl (virtual), Michael Ford, Deb Allison-Aasby, Jake Krause and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney Council Member Mugerauer read the Invocation. The Pledge of Allegiance was led by Council Member Mugerauer. PROCLAMATION Mayor Palmeri proclaimed the month of May 2020 as Older Americans Month. Council Member Allison-Aasby accepted the proclamation on behalf of the Committee on Aging. CONSENT AGENDA Report of Bills by the Finance Director Receipt of Claims filed with the City's Insurance Company: A) Michael Norton for alleged injuries due to a fall at South Park B) Stacie Voss for alleged injuries due to a vehicle accident with a police squad C) Aurora Medical Center for alleged damages to a wheel chair Resolution 20-167 Approve Budget Amendment for 2020 Fire Special Revenue Fund 0235-0230 for$69,211.00 Grant I PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Resolution 20-168 Approve Initial Resolution authorizing not exceeding $5,305,000 General Obligation Bonds of the City of Oshkosh Resolution 20-169 Approve Resolution directing the advertisement and sale of not to exceed $10,870,000 aggregate principal amount of General Obligation Corporate Purpose Bonds, $7,360,000 aggregate principal amount of General Obligation Promissory Notes, $5,055,000 Storm Water Utility Revenue Bonds, $5,900,000 Water System Revenue Bonds & $14,925,000 aggregate principal amount of Sewer System Revenue Bonds, of the City of Oshkosh, Winnebago County, Wisconsin Resolution 20-170 Approve Conditional Use Permit Request to Expand Outdoor Storage Areas at 3300 Medalist Drive (Plan Commission Recommends Approval) Resolution 20-171 Accept Water Distribution Easement at 3851 Jackson Street (Plan Commission Recommends Approval) Resolution 20-172 Approve Specific Implementation Plan Amendment for a Building Addition at 2105 South Koeller Street (Plan Commission Recommends Approval) Resolution 20-173 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($34,089.00) Resolution20-174 Declare End to January 2020 Computer Systems Emergency Resolution 20-175 Approve Special Event - Waterfest Inc. to utilize Leach Amphitheater for the Waterfest Concert Series / June 18 through August 27 (Thursdays) & August 12, 2020 (Wednesday) Resolution 20-176 Approve Special Event - Oshkosh Public Museum to host the Menominee Clan Pow Wow on the grounds of the Oshkosh Public Museum at 1331 Algoma Boulevard/June 20, 2020 Resolution 20-177 Approve Special Event-Expansion Theory Productions LLC to utilize Opera House Square, Peabody's Ale House & Twisted Roots parking lots for the Oshkosh Main Street Music Festival/July 22, 24 &25, 2020 2 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Resolution 20-178 n spec ,ice, nt Oslikosl Cttlt fa F-i _n Fts &ja,, to I al �Augxst 22, WITHDRAWN BY APPLICANT Resolution 20-179 Approve Amended Special Event — Father Carr's Place 2 B to utilize City streets for the Father Carr's Bridge walk/ September 12, 2020 Resolution 20-180 Approve Amended Special Event—National Alliance on Mental Health Oshkosh(NAMI)to utilize City streets&sidewalks for the Oshkosh 5K for Mental Health & Suicide Awareness/October 10, 2020 Resolution 20-181 Approve Block Party Request—McHenry Johnson to utilize Casey Trail off of Mockingbird Way to hold their neighborhood block party/June 20, 2020 Resolution 20-182 Approve Appointments to the following Boards & Commissions: BID Board Landmarks Commission Long Range Finance Committee Plan Commission Rental Housing Advisory Board Resolution 20-183 Approve Operator Licenses & Taxi-Cab Driver License MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Krause) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 20-184 Amend Various Sections of the Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Ford) CARRIED: Ayes (6) Mugerauer, Erickson, Ford, Allison-Aasby, Krause, Mayor Palmeri; Noes (1) Poeschl Mayor Palmeri asked for an explanation of the ordinance. 3 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Allen Davis, Director of Community Development explained the changes pertained to landscaping and parking requirements that were relevant to current site plans. Ordinance 20-185 Amend Rules Pertaining to Council, Board & Commission Meetings in Response to Covid-19 Coronavirus Emergency (Staff Recommends Waive the Rules & Adopt on First Reading) MOTION: SUSPEND RULES (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Mayor Palmeri requested clarification regarding the amended rules. Ms. Lorenson explained to Council that there was an attachment in the agenda packet that had highlighted the changes. Mayor Palmeri confirmed that the Council would be allowed written statements and follow the social distancing requirements. Ms. Lorenson explained procedures were available or Council and Board / Commission Members would be allowed to participate in their meetings virtually if they needed to do so. She stated the only other change was that per the discretion of the Mayor, a virtual Council Meeting may be terminated if there were too many interruptions. Mayor Palmeri stated that the ordinance would allow other committees to hold meetings that needed to be scheduled during the pandemic. Resolution 20-186 Approve Memorandum of Understanding with Greater Oshkosh Healthy Neighborhoods MOTION: ADOPT (Allison-Aasby; second, Ford) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Ford questioned if the program was means tested. 4 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Allen Davis, Director of Community Development explained the program was part of TIF funds and that 80% needed to be means tested and that this program came out of the 20% that did not need to be means tested. Council Member Ford questioned if the City would keep track of the individuals who used the program and report that information back. Mr. Davis stated records would be prepared as if there would be an audit and that information would be available. Mayor Palmeri requested an explanation on the $20,000.00 that was included in the program. Mr. Davis stated the$20,000.00 was for a three year program and that amount was the City's contribution, $25,000.00 would come from the Community Foundation, and $15,000.00 would come from the property owners totaling $60,000.00. Resolution 20-187 Approve Amendment #2 to Tax Increment District No. 14 Mercy Medical Center Redevelopment to Donate Positive Tax Increments to TID No. 16 for the 100 Block Redevelopment MOTION: ADOPT (Mugerauer; second, Krause) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Mayor Palmeri asked for a summary of the resolution. Allen Davis, Director of Community Development stated the City worked with GO-EDC and other entities to create available funds during the COVID-19 pandemic. He explained TID 16 was converted into a program to loan funds to businesses within a half a mile. He stated the cash balance would grow with the funds from TID 16 along with funds from TID 14 and TID 19. He stated GO-EDC would administer the funds on the City's behalf. Council Member Mugerauer questioned what the potential fund balance would be. Mr. Davis stated that the funds would be up to 1.3 million dollars pending approval of the Joint Review Board. Council Member Ford inquired if businesses had to remain within a half mile of the TID to qualify for the program. 5 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Mr. Davis stated they would and explained that it was a TIF law that the City needed to comply with. Council Member Ford questioned if there were plans that other businesses would be eligible for. Mr.Davis stated there were plans and explained that the revolving loan fund(RLF)portions of the fund could be spent anywhere in the city, outside that half mile radius of the TIF district. He stated the City had worked to get something done around TID 19 for the businesses in that radius that could use the assistance. He explained there would be temporary measures to assist as much as possible during the pandemic. Mayor Palmeri asked would landlords that own rental properties within the half mile radius be able to apply for funds through the program. Mr. Davis stated that landlords specifically would not be able to, however, a property management company may be able to. Mayor Palmeri questioned if the property management company needed to be within the radius, not the manager. Mr. Davis requested time to look at the rules before he gave an answer to the question. Resolution 20-188 Approve Amendment #1 to Tax Increment District No. 19 Northwest Industrial Park to Donate Positive Tax Increments to TID No. 16 for the 100 Block Redevelopment MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Mayor Palmeri stated she felt Council had their questions answered from the previous resolution and just to clarify that it was the same just a different TID. Mr. Davis confirmed that was true. Resolution 20-189 Approve Budget Amendments to 2020 Operating Budget for: A) TID 14 Mercy Medical Center Redevelopment ($250,000) B) TID 19 Northwest Industrial Park ($250,000) C) TID 16100 Block Redevelopment ($500,000) 6 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 MOTION: ADOPT (Allison-Aasby; second, Erickson) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Mugerauer thanked staff for their time to get creative in ways to assist the community during the pandemic. He asked what the plan would be going forward to get reports to Council regarding loans and their status. Allen Davis, Director of Community Development explained that reports would be available when requested. He stated that most reports would typically be done quarterly, with the pandemic, he felt reports would be more frequent. Council Member Mugerauer stated he did not have an expectation on time for the reports, just wanted to be sure that the Council would be able to see those numbers when needed. Mr. Rohloff added that it would be based on the flow and demand of the program and would be sure to get the reports to Council. Resolution 20-190 Approve General Development Plan Amendment & Specific Implementation Plan for Mixed Use Development at the Southwest Corner of Jackson Street & Pearl Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Krause; second, Mugerauer) CARRIED: Ayes (6) Mugerauer, Erickson, Poeschl, Allison-Aasby, Krause, Mayor Palmeri; Present (1) Ford Council Member Mugerauer questioned the large change in the development from previous plans and asked for an explanation. Allen Davis, Director of Community Development stated the project was the first at the site with the Oshkosh Food Co-op at that location and the added value caused some change. He stated the City made it a priority due to the number of leases in the area. Council Member Erickson asked about the rental units and how many would be wheelchair accessible for tenants. Mr. Davis stated he believed two of the units would be wheelchair accessible and another unit for visitors from what he could remember. 7 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Council Member Erickson asked what the rental amounts were on the properties. Mr. Davis stated he did not bring that information with him. He explained depending on the unit and the layout he estimated it would be around $900.00 - $1,100.00 for a unit. Mayor Palmeri stated she believed there were efficiency units in there at the $700.00 range and wanted to know if that was accurate. Mr. Rohloff accessed an email and stated the rents would range from $950.00 for the furnished studio to $1,650.00 for the two bedroom plus unit and the average rental was $1,194.00 per month. Council Member Erickson stated she hoped to see more affordable units in the community. She stated she understood that units like the ones discussed were needed in the City, she wanted everyone to be aware of the needs and be able to accommodate those needs. Resolution 20-191 Request Winnebago County Take Action to Waive Interest & Penalty Fees for Late Property Tax Installments MOTION: ADOPT (Ford; second, Mugerauer) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Mugerauer stated he was thankful that the City asked for assistance from Winnebago County and asked for information pertaining to the resolution. Russ Van Gompel, Director of Finance explained the State of Wisconsin put into motion that tax installments would waive the penalties due and payable after April 1, 2020. He explained that the City used the four payment system, only the May and July payments would be eligible. He explained the resolution needed to be approved by the Winnebago County Board before Council could grant approval. He stated the resolution was to ask the Winnebago County Board to approve the option so that another resolution could be brought to Council. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri stated at the Organizational Meeting there was a discussion about Council Rules and the rules were before the Council for approval. She recommended that for efficiency, each section be addressed separately. 8 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 I A: Adoption of Civility Pledge text Mayor Palmeri stated she asked for the text of the Civility Pledge be added to the rules. Council Member Mugerauer asked Clerk Ubrig how she would like the changes handled. Ms. Ubrig stated if there were multiple changes, she needed each amendment voted on. Ms. Lorenson stated she believed the Council was looking to find out if there should be a motion for each item. Ms. Ubrig responded yes. MOTION: AMEND TO ADD CIVILITY PLEDGE (Mugerauer; second, Krause) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri III A: Agenda item for action by Council must be requested by a minimum of two (2) Council Members no later than 4:00 p.m. on the Tuesday one week prior to the Council Meeting. Council Member Ford stated that he understood the deadline change with the logistics, he had a hard time understanding why it was being asked to have a minimum of two Council Members for an action item to be placed on an agenda. Mayor Palmeri explained it was an action item like an ordinance or resolution. Council Member Ford stated he understood if this was added,it could make communication an issue outside the Council Chambers. Ms. Lorenson stated that she mentioned at the Organizational Meeting that she was concerned that it may encourage communication outside of the Council Chambers. Council Member Ford questioned if she still had those concerns. Ms. Lorenson stated yes. Mayor Palmeri clarified that it would be allowed for only one on one communication. 9 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Ms. Lorenson stated that if one Council Member stated no and then it went onto another Council Member that was where the issue was. Council Member Mugerauer questioned if that would be a walking quorum. Ms. Lorenson stated it had the potential to become that. Mayor Palmeri suggested to separate the number of Council Member on an action item and the deadline. MOTION: AMEND AGENDA ITEM FOR ACTION BY COUNCIL MUST BE REQUESTED BY A MINIMUM OF TWO (2) COUNCIL MEMBERS AND NO LATER THAN 4:00 P.M. ON THE TUESDAY ONE WEEK PRIOR TO COUNCIL MEETING (Poeschl; second, Erickson) MOTION: DIVIDE (Ford; second, Allison-Aasby) A) AGENDA ITEM FOR ACTION BY COUNCIL MUST BE REQUESTED BY A MINIMUM OF TWO (2) COUCIL MEMBERS; AND B) AGENDA ITEMS FOR ACTION DEADLINE: NO LATER THAN 4:00 P.M. ON TUESDAY ONE WEEK PRIOR TO THE COUNCIL MEETING CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Poeschl commented that he considered the language and his initial concern was it would inhibit Council Members to their individuality. He stated he now felt it would allow Council Members to be able to work together to bring items forward, he expressed his support for the proposed language. Council Member Erickson questioned if the amendment would not require two Council Members to bring an item forward just that they would have the option. Mayor Palmeri responded yes. MOTION: AGENDA ITEM FOR ACTION BY COUNCIL MUST BE REQUESTED BY A MINIMUM OF TWO (2) COUNCIL MEMBERS (Poeschl; second, Erickson) LOST: Ayes (2) Poeschl, Mayor Palmeri; Noes (5) Mugerauer, Erickson, Ford, Allison-Aasby, Krause 10 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 MOTION: AGENDA ITEMS FOR ACTION DEADLINE: NO LATER THAN 4:00 P.M. ON TUESDAY ONE WEEK PRIOR TO THE COUNCIL MEETING (Ford; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri V: Rules pertaining to Conduct of the Council Meeting/Motions Council Member Mugerauer stated he liked the rule as it was currently listed to maintain voting rights. He believed with the amount of openings currently on Boards and Commissions, the challenge could be to get citizens to volunteer for these openings and felt now was not the time to make a change. Mayor Palmeri stated there were multiple applications received recently. She explained the reason the matter was brought to the table was there were two dozen plus boards and commissions staffed with seven Council Members and ten are statutorily required with the potential of an additional board being added and this gave the flexibility to have a discussion. She questioned if Council representation was required on Boards and Commissions. Mr. Lorenson stated she did not recall any Boards and Commissions that required Council representation. Mayor Palmeri stated the Housing Authority may require it. MOTION: AMEND TO ADD COUNCIL LIAISONS (Allison-Aasby; second Krause) MOTION: AMEND COUNCIL LIAISONS TO MAINTAIN VOTING RIGHTS (Krause; second, Erickson) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison- Aasby, Krause, Mayor Palmeri IV B: Rules Pertaining to Council Members speaking to items on the Agenda. Council Member Mugerauer stated he struggled with the proposed reduced time for Council to speak on an issue. He pointed out meetings could get a little long and expressed he was okay with that due to the Council did the work of the people. He explained he did not feel it was right to shorten the minutes to make up time and stated he would not support the change. 11 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 MOTION: AMEND COUNCIL MEMBER TIME LIMIT TO 3 MINUTES (Poeschl; second, Ford) LOST: Ayes (1) Mayor Palmeri; Noes (6) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause IV C: Rules pertaining to Council Members speaking: Council Members will be given the opportunity to report on activities of their assigned Boards and Commissions to which they are a liaison. The Mayor will ask each Council Member to provide a report if applicable. Such report shall be limited to one (1) minute per assigned Board/Commission. If greater discussion is required, the item may be scheduled for a future agenda. Council Member Ford stated he felt it made sense to provide the opportunity and would support. MOTION: ADD LANGUAGE OF IV C (Krause; second, Erickson) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Mr. Rohloff stated that Clerk Ubrig provided a summary of cost and data that showed the State statutes minimum and maximum fees and the City was at the maximum. He explained the proposal was to drop down to the States minimum for the license fees for the year 2020. He pointed out that publication costs would stay in place as that was a hard cost to the City, he explained there would still be inspections at the properties as he felt it was important during the pandemic. Ms. Ubrig stated that Mr. Rohloff had covered the various points. Mayor Palmeri questioned about dividing the issues. Mr. Rohloff explained an ordinance would be brought to Council at a future meeting. Ms. Ubrig requested the ordinance be brought back at the May 12, 2020 meeting, her office would then have time to communicate the fee changes to license holders. Council Member Mugerauer questioned the Mayor what her thought process was on how she would want to separate the issues. Mayor Palmeri explained that she felt there should be relief for some businesses that were not able to operate during the pandemic, that the larger grocery stores were not impacted as much as the smaller business. She questioned if the fees waived should be decided by 12 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 the type of license the business held, and asked for clarification on the types of licenses. Ms. Ubrig explained Class A licenses were businesses that sold for consumption of alcohol off the premises, Class B licenses were for consumption of alcohol on premises. Council Member Mugerauer thanked staff for bringing the idea to Council and stated he knew some business that had struggled and he felt he was not in a position to dictate which businesses struggled more or less than another. He stated it should be kept fair across the board and he would support the fee change for all businesses. He stated he realized that it would be a budget hit to the City and that he was prepared to see that back to Council at a later date. Council Member Allison-Aasby questioned the different categories and how the fees were decided. Mr. Rohloff stated the proposed fees were the States minimum in each category. Mayor Palmeri questioned the proposal of $0.00 for some license holders and $50.00 for others as it was not clear to her why that was. Mr. Rohloff again stated that the City's proposal was to lower the fees per the States minimum in each category. Council Member Ford stated that he was in favor of the ordinance to waive the license fees for 2020. He shared that a gas station owner he had spoken with, was depleted during the pandemic as well as a bar owner on Main Street. He stated he did not feel that the City could charge for something the businesses had not used and taken a hard hit. Mayor Palmeri stated it was a good will gesture, though it may seem small to some. Mr. Rohloff concluded that the spreadsheet would be an attachment to the ordinance at the next meeting. Mr. Rohloff stated the budget calendar was in the agenda and budget workshops with Council would be scheduled, he hoped to have the budget approved by late July or early August. Council Member Mugerauer appreciated the advance budget information and questioned the timeline for the Capital Improvement Program (CIP). 13 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Russ Van Gompel, Director of Finance stated the timing and schedule worked best from his previous experience and August was mostly operational. He explained the CIP would be discussed in July as to where Council wanted to go with projects. Council Member Allison-Aasby stated the budget season would be interesting with the pandemic and felt tax payments would play a large role in that matter. Mr. Van Gompel explained the cycle in Wisconsin was set with State aid and financing for the year. He expressed his concerns were with property values that would be set as of January 1, 2021 and the impact of state revenue. He stated that the State was dependent on state tax revenue and felt it would be an interesting budget cycle. Mayor Palmeri requested that the Council set aside the week of July 7, 2020 on their calendars to be present for those discussions. Mr. Rohloff added that November 10, 2020 would also be an imperative date to block out. Mr. Van Gompel added there were options such as Local Government 101 that gave a brief background of timelines and financials. He indicated the webinar would be helpful in understanding items that would be come before Council. Mayor Palmeri stated that she had taken the webinar as a refresher and picked up on a few things she had not previously. Mayor Palmeri stated she asked for the municipal options pertaining to potential assistance for landlords and tenants during and after the COVID-19 emergency topic to be placed on the agenda to discuss what options were available. She had heard from multiple citizens that they received eviction letters. Council Member Erickson stated that she felt the issue was something that the City needed to look at. She stated her fears were that landlords in the City were dependent on the rent from their properties to make their own mortgage payments. She felt that as a Council both sides of the matter needed to be looked at. Council Member Poeschl added that he also had received phone calls regarding tenant and landlord issues. He stated he found there was more information in the Executive Orders than was actually understood. He expressed he wanted to encourage flexibility and compassion after the orders had been lifted and to see if there would be an option to create a fund to assist the community. 14 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Council Member Ford agreed that the City should do what they could during the pandemic. He stated there was a list of resources available that could be used once the Executive Orders had been lifted. He believed the larger question was if the use of a non-profit or third party entity would be used to be the implementer. Council Member Allison-Aasby questioned if bringing this forward was the purpose of getting a third party involved and what role would the City play in the matter. Mayor Palmeri stated if they were able to find a third party vendor for other matters, she felt it may be beneficially for these situation and suggested a partnership with Winnebago County or a public partner. She felt that legislatures needed to extend the Orders and if the partnerships were not tried,there would be a significant number of people without housing. Council Member Allison-Aasby stated it was admirable to bring this to the table, she had concerns as to where the funds would come from. She questioned whether it would be a loan or a gift. She stated her fear was there would not be enough means to raise the amount of money needed based on the size of the community. She explained that the resources needed to be a priority and available to those that needed it. She used the example of the Day-by-Day Warming Shelter and stated that the time would be better used to assist them in ways possible, not necessarily with the funds. She felt there should be information on the City's website as to where tenants could go during their time of need and have the resources clearly listed. Mayor Palmeri explained that the website did have the information, it needed to be more accessible. She stated that the loans given to businesses during the pandemic, may end up as a gift as she felt some businesses would not be able to pay the loans back. She questioned if the Community Development Block Grants (CDBG) would be accessible and could be an option to get funds. She explained the Day-by-Day Warming Shelter had restricts such as nobody under the age of 16 years old and the shelter would be extremely full and have to turn people away as the shelter was limited to 25 people. She stated that option may help a small piece of the puzzle as the homelessness would be significantly larger than the shelter could assist with. Mr. Rohloff stated staff did a great job putting the numbers together and reminded Council that the City was not able to stop evictions, the City could ask the State to extend the orders and that would be part of a good solution. He felt it would be urgent for municipalities as the deadline of May approached. He explained it was great news that the City received a half of a million dollars through the CDBG funds. He indicated it was unclear as to what the funds could be used for, there were intents listed with no rules given. He explained no other cities in Wisconsin had put anything in to place as of yet, there would be more 15 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 outreach done so that Oshkosh would be compatible. He stated the Day-by-Day Warming Shelter had been closed since April 15, 2020, they anticipated to be open at the beginning of May and staff had assisted the shelter to reopen. Mayor Palmeri questioned when officers responded to a call about citizens that had set up tents, temporary shelters in parks or along the Wiouwash Trail, how were those situations handled. Dean Smith,Police Chief stated it would depend where the tents were located and indicated there was no camping allowed in city parks so they would be asked to move along. Mayor Palmeri asked if referrals were given to those individuals on where they could seek shelter. Chief Smith stated no. Mr. Rohloff stated the staff was waiting for the rules as to the use of the funds. Mayor Palmeri asked if homelessness was a reimbursement category with COVID-19. Mr. Rohloff expressed that if it was allowed to use the surplus from 2019 that it would be a decision of the Council and how that money was used. He stated his understanding that Council asked to delay that decision to see what would happen with the pandemic and make the decision then. He stated there were many unknowns and questioned if the City were to help citizens to avoid evictions with funds and they were still evicted, would the City have been successful and he felt the answer was probably not. Council Member Ford questioned if the City was aware of a timeline on the CDBG funds. Mr. Rohloff stated the City had received notice they were approved for the funds, the rules were not known. Council Member Ford questioned when the funds would be available. Mr. Rohloff stated he was thought in couple to three weeks. He explained that it was an interesting phone conversation he had with an individual from the Housing of Urban Development (HUD) and had not received a definitive answer. Council Member Ford stated he was hopeful that the funds would be available before the State of Emergency ended. 16 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Mr. Rohloff commented that would make sense. Council Member Mugerauer stated he was concerned about asking the legislatures to extend the Safer at Home Order, that there was information that was unclear. He stated that before asking for an extension,it would be important to get all that information to know the types of impact the extension would have. He stated he disagreed that the funds lent to businesses would not come back to the City, he was confident that a large majority would. He state it felt like the Council had been the only one to try to put a plan together and a partnership was needed. Deputy Mayor Krause stated he felt there was going to be a lot of hardships with landlords and renters when the pandemic was over. He stated he had looked at other communities relief programs that were offered and concluded the communities were depleted after a short time. He stated that one city had to go to a lottery as the demand was so large. He felt that putting something like this together for Oshkosh would be a large ask. Mayor Palmeri stated there had been promises of unemployment funds and stimulus money that was not received. She stated what she had proposed would "flattening the curve" until those funds came through for citizens. Council Member Allison-Aasby stated she liked the idea of going to the State and to see if other municipalities would be interested in a joint effort. She explained it was a full circle with the landlord situation, they may have a mortgage to pay on their rental as well. She stated she believe it was an issue, it would get interesting in determining which tenants had been and had not been paying rent prior to COVID-19 and where the need would be: the elderly verses the younger generation. Council Member Ford stated he felt a partnership was needed to make it work. Mayor Palmeri stated it sounded like four members of Council were onboard and asked if City Manager Rohloff was comfortable with city staff to pursue options. Mr. Rohloff stated it was a good discussion, more information was needed and he would place it under the outstanding issues category as a place holder for it to be a continued discussion. Council Member Poeschl stated he had received letters from citizens that still had not received their absentee ballot from the April 7, 2020 election. He felt it would be an opportunity to have staff make a comment on the situation. 17 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Mr. Rohloff stated that the matter was frustrating for many and that Clerk Ubrig and her staff had taken the brunt of the mishap. Ms. Ubrig stated she had not received any further communication as to the status of the ballots that were located at the mail facility after Election Day by the Wisconsin Election commission (WEC). She indicated she had not received any calls that the ballots were delivered to the voters nor had the ballots been returned to her office. She explained she had been informed there was an ongoing investigation regarding the situation. Mr. Rohloff stated that he had communicated with Representative Glenn Grothman's office the week prior to a request an investigation regarding the postal service. He explained the Clerk's office had been staffed to meet the deadlines and those goals were achieved each and every day. He stated concerns started to be raised when citizens called to inquire where their ballots were and staff was able to determine that the ballot had been mailed out. He expressed how disappointed he was in the Elections Commission that stated to elected officials that it was likely a clerk's fault due to they did not know how someone could not receive their ballot. He stated the City started making phone calls to the postal service on March 30, 2020 and to date, the City had not received any communication from the postal service. Council Member Poeschl suggested a resolution to encourage the government to continue an investigation regarding the ballots. Mayor Palmeri stated her support for an investigation. Mr.Rohloff stated he would prepare a resolution for Council to approve at the next meeting. Council Member Mugerauer stated he would support the resolution as the frustration was vast. He indicated he typed two emails that he decided not to send to his state and federal representatives on a personal bases as he and his wife had not received their ballots and voted in-person due to the situation. Mayor Palmeri stated the ballots had been found and now wanted to know where they were or answers given. Council Member Mugerauer expressed his appreciation of Clerk Ubrig and her staff's efforts through the entire election process. He mentioned there had been negative comments regarding the Clerk's office pertaining to missing ballots and expressed the fantastic job the Clerk's office had done and that the issue had been with the postal service. 18 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 He stated that voting in America was essential and there needed to be a follow up on where the ballots were. Council Member Allison-Aasby stated the Clerk's office staff and volunteers had gone above and beyond for the April election and felt certain comments were unwarranted. Ms. Ubrig added that she had been on vacation then out of the office for 14 days,the election took a toll on the entire organization and many departments assisted her staff and thanked them. Deputy Mayor Krause stated that himself and Council Member Poeschl had talked and thought about adopting something similar to the Safe Vote that had been passed in Milwaukee previously. He explained they wanted to mail out absentee ballot request form to every registered voter in the City of Oshkosh. He stated with not knowing what time would look like for the November election, they wanted to discuss the topic in advance. Council Member Poeschl expressed his hope was to create a program that would send out absentee applications to all registered voters for the August primary and the November election, with the unknown of what the elections would look like with the pandemic. He stated with the April election, the City had encouraged citizens to vote by absentee ballot and felt the Council should put a process in place for the upcoming elections. Mayor Palmeri asked for clarification, that they were asking for absentee applications to be mailed to all registered voters in Oshkosh. Deputy Mayor Krause stated that was correct that it would be an application to get the absentee ballot. Council Member Poeschl explained a citizen needed to return the application for an absentee to receive a ballot by mail. Council Member Ford asked if logistically it would be possible to add the information into the water bills. Deputy Mayor Krause suggested a bright colored envelope that would be clearly identified and not thought to be junk mail. Council Member Allison-Aasby stated that the City had approximately 35,000 registered voters and questioned the cost involved to mail out the requests. 19 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Ms. Ubrig explained with the August election, the University of Wisconsin Oshkosh would not be in session so that would be a component to take into consideration. She stated another concern would be the number of residents that moved and had not changed their address with the Clerk's office. She explained the cost would be $20,000.00 to cover the envelopes and the postage for the August election. She indicated the numbers were figured on a percentage as the August election turnout would be lower than the November turnout. She stated based on previous years, the voter turnout for August elections went from 12% up to 25%. She explained her estimate was with the higher percentage of 25% and that would equate to roughly $11,000.00 to mail out the ballots, a total of $31,000.00 for the August election. Mayor Palmeri questioned if the $20,000.00 referenced was to mail the applications. Ms. Ubrig confirmed that was correct. Mayor Palmeri questioned the additional cost would be to mail the ballots. Ms. Ubrig stated that it was roughly$1.00 per ballot for postage on both envelopes. Council Member Allison-Aasby questioned if it was possible to extend the period of time offered for citizens to come in and request an absentee ballot to be sent. Ms. Ubrig stated the August ballots would be available by June 26, 2020 and the Clerk's office could start in-person voting. Mayor Palmeri questioned if the goal was for people not to go out during the pandemic to vote. Deputy Mayor Krause stated that it would allow people the ability to forecast how they would vote. He felt by getting the request in the voter's hands, it would eliminate work for the Clerk's office and the polling sites. Ms. Uhrig stated there would still be a need for poll workers at the polling sites to process the absentee ballots on Election Day. Council Member Mugerauer asked if this would eliminate in-person voting all together and increase the absentee number. Deputy Mayor Krause explained this would be in addition to the in-person voting. He stated he was in favor of this option for the general election in November that would assist citizens to vote during uncertain times. 20 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Council Member Mugerauer stated his concerns with the blanket mailing of absentee applications were it would not reduce the potential for in person contact as well as it would not help the voters who were already a part of the process. He felt it would bring citizens into the process and had concerns that it would become a political matter. He stated it was a participation process, not mandatory. He mentioned his concerns pertaining to voter fraud with the mailing. He stated during the April election he had never seen a community that did such a great job on educating the citizens on how to receive an absentee ballot. Mayor Palmeri questioned how it would not limit in person contact. Council Member Mugerauer stated if the intent was to forego in-person voting, then it should be all or nothing. Council Member Ford questioned if the cost would be significantly lower if the request was included in a mailing that the city would be sending. Ms. Ubrig stated she felt it would be difficult to add the form into the water bill mailing as not all utility users were registered voters. Council Member Ford questioned if it would make a difference if it was an instructional document on how to receive an absentee ballot. Ms. Ubrig stated she was uncertain as to how many utility users there were. Russ Van Gompel, Director of Finance stated it was definitely something that could be done as a general notice. He stated that the City had exceeded its postage account budget for the entire year and had made adjustments to cover postage from the April election. Mayor Palmeri questioned if the postage cost could be reimbursed through emergency funds due to the pandemic. Mr. Van Gompel stated it would not be covered and it was an expense the City would endure. Mayor Palmeri clarified she was referring to the funds that had not been allocated yet. Mr. Rohloff stated that would be up to the Council and he continued that Clerk Ubrig gave the numbers to Council of roughly$30,000.00 for the August election and another$67,000.00 for the November election, stating it would be roughly $100,000.00 to mail request forms and ballots. 21 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Mayor Palmeri questioned voter turnout percentage for the last presidential election. Ms. Ubrig stated the last presidential had a 79.9% voter turnout. Council Member Erickson stated she supported the opportunity for citizens to decide how they wanted to vote during the unknown times this fall. Deputy Mayor Krause stated that in a perfect world the insert in the water bills would be a great idea, he felt people dislike receiving their water bills and did not feel the information would be looked at. He explained his goal was to keep the voter turnout as high as possible and not a political talking point. Council Member Allison-Aasby questioned when a citizen could call to request a ballot. Ms. Ubrig explained that citizens did not have an option to call the office to receive a ballot, they would need to go online or make a request in writing or email. She stated there needed to be a paper trail of the request in case there would be a recount. Council Member Allison-Aasby questioned when MyVote would open to allow citizen to request a ballot. Ms. Ubrig stated it was available and her office had received requests daily. Council Member Allison-Aasby expressed she was in favor of keeping the voting process as is. She stated with the April election, there were different circumstance due to the pandemic. She stated Oshkosh was not Milwaukee and could understand why Milwaukee had their new procedures in place as their election in April was not conducted well and had issues. She stated she would not support the change to the fall election and there were other avenues to get the information to the public through social media or print in local papers. Mayor Palmeri stated the challenges that the April election had in other communities and she was wanted to avoid decisions at the last minute. Deputy Mayor Krause stated he felt the newspaper option was a good, although not everyone received or read them. Council Member Mugerauer questioned if there were any statistics from the April election. 22 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Ms. Ubrig stated the April election was unique and with the push from the City for absentee voting, it was successful with 10,795 absentee ballots mailed. She stated for the November 2016 election, 9,084 ballots were mailed and for November of 2018, 4,903 ballots were mailed. She explained the push two weeks that lead up to the April election was effective and felt if the push started early in June and July it would be successful for the upcoming elections. Council Member Mugerauer stated the efforts that were put forth were successful and drove participation in the April election during the pandemic and he would be in support of the same types of efforts for the upcoming elections. He stated that to vote was a choice, not whether or not one was allowed to vote. He stated the City offered plenty of options for citizens to participate. Deputy Mayor Krause proposed to Council to take a roll call as a future agenda item. MOTION: RESOLUTION FOR THE MAY 12, 2020 COUNCIL MEETING TO MAIL ABSENTEE BALLOT REQUESTS TO REGISTERED VOTERS FOR THE NOVEMBER 2020 ELECTION (Krause; second, Poeschl) CARRIED: Ayes (5) Erickson, Poeschl, Ford, Krause, Mayor Palmeri; Noes (2) Mugerauer, Allison-Aasby COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Ford stated he would not attend the closed session after the Council Meeting due to a conflict of interest and that he served on the Site Selection Team. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained for new Council Members that the outstanding issues category were items to hold himself accountable and bringing those items back to the Council from time to time. He stated on the list was the bus transportation issue, he had sent an email to the superintendent and was waiting on the language, as well as the fundraising efforts for that program. He stated he would add the landlord and tenant topic along with the ballot situation from the April election to the spreadsheet. Mayor Palmeri stated she felt the creation of the Diversity, Equity and Inclusion Committee was missed on the outstanding issue list. Mr. Rohloff stated he did not recall it listed in the past and indicated it would appear on the list at the next meeting. 23 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Council Member Mugerauer requested an update on the Oshkosh Avenue Bridge that had been under construction. James Rabe, Director of Public Works stated that the bridge was in the open position and construction was on time with the completion schedule for the middle of June deadline. He stated the contractor had worked on deck and adjacent concrete approach work. He explained there would be a period of 28 days that the concrete needed to cure before the final coat would be applied and it may appear that nothing was being done during that time. Mike Stanley, Fire Chief reported the number of COVID-19 cases in Winnebago County were not on a large rise like neighboring counties had been. He urged everyone to continue to be vigilant in self-care so that the City did not see a rise in cases. He explained the City monitored trends and set plans to be prepared. Mayor Palmeri stated that she had received an email regarding a transmission rate of COVID-19 and asked how others could receive this. She questioned the number of cases had lowered, were the number of tests being administered increasing. Chief Stanley stated that he had looked at reports on testing and statewide the number of testing facilities and tests had increased. He stated the number of tests processed had gone from 2,000 per day to almost 2,700 per day. Mayor Palmeri questioned when Council would consider closing the Declaration of Emergency at the city level. Chief Stanley stated closing the emergency was premature with the uncertainty of the virus. He stated the United States of America had just crested to one million cases which had been the most of any country, with one-third of the World's cases in the USA. Mayor Palmeri asked if there would be a discussion to lift the emergency in May. Mr. Rohloff stated he felt it would not be appropriate to have that discussion in May. He pointed out to Council that when the emergency was declared on January 28,2020 regarding the computer virus, that had just been closed. He stated with the pandemic, things changed often and it was important to have discussions at Council Meeting pertaining to the situation, but in regards to closing the declaration of emergency, his answer was no. Mayor Palmeri asked for the rationale behind keeping the declaration at a city level if the Safer at Home Orders had been lifted on a state level. 24 PROCEEDING OF THE COMMON COUNCIL -APRIL 28, 2020 Chief Stanley stated it would have to do with the cost recovery. He explained when looked at from an emergency management perspective the declaration would stay in place until items were back to somewhat normal. He reiterated there would be no urgency to close out the declaration and stated there could be some negative reason to close it out too early. Mayor Palmeri stated that it was her understanding that when the declaration was put into place, that it was the Council decision to end the emergency when necessary and she had a hard time understanding what an example would be to keep the declaration open. Mr. Rohloff explained at the moment the declaration was closed, the Federal Emergency Management Agency (FEMA) would stop reimbursement funds, it would not make sense to close out a declaration too early. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR THE REDEVELOPMENT OF THE MARION ROAD REDEVELOPMENT SITES H, I, AND J PURSUANT TO SECOTION 19.85(1)€ OF THE WISCONSIN STATE STATUES WHERE COMPETITVE BARGAINING RESONS REQUIRE A CLOSED SESSION (Krause; second, Mugerauer) CARRIED: Ayes (6) Mugerauer, Erickson, Poeschl, Allison-Aasby, Krause, Mayor Palmeri; Present (1) Ford MOTION: ADJOURN (Mugerauer; second Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:34 p.m. PAMELA R. UBRIG CITY CLERK 25 PROCEEDINGS OF THE COMMONE COUNCIL CITY OF OSHKOSH,WISCONSIN MAY 12,2020 REGULAR MEETING held Tuesday, May 12, 2020 at 5:15 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Lynnsey Erickson, Bob Poeschl (Virtual), Michael Ford, Deb Allison-Aasby, Matt Mugerauer, and Mayor Lori Palmeri EXCUSED: Deputy Mayor Jake Krause ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 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 OR IS LIKELY TO BECOME INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL, INC. AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET IN THE CITY OF OSHKOSH (Allison-Aasby; second, Ford) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri MOTION: ADJOURN (Ford; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 5:16 p.m. PAMELA R. UBRIG CITY CLERK 1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 12, 2020 REGULAR MEETING held Tuesday, May 12, 2020 at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Lynnsey Erickson,Bob Poeschl(Virtual),Michael Ford,Deb Allison-Aasby, Matt Mugerauer, and Mayor Lori Palmeri EXCUSED: Deputy Mayor Jake Krause ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney Council Member Erickson read the Invocation. The Pledge of Allegiance was led by Council Member Erickson. CONSENT AGENDA Report of Sills by the Finance Director Receipt and Filing of Common Council Minutes from April 14, 2020 Receipt of Claims filed with the City's Insurance Company: A) Waldan Paper for alleged damages from a broken water pipe B)Oshkosh Tent&Awning Inc.for alleged damages from a broken water pipe Resolution 20-192 Award Sid for Public Works Contract No. 20-07 to DeGroot, Inc. for Water Main & Miscellaneous Utility Improvements ($2,444,973.43) Resolution 20-193 Award Sid for Public Works Contract No. 20-20 to Advance Construction, Inc. for Storm Sewer Laterals / Various Locations ($471,559.15) Resolution 20-194 Approve Change Order No. 1 for Public Works Contract No. 18-13 Sanitary Sewer & Lateral Relay, Paving & Miscellaneous Utility Repair /PTS Contractors, Inc. ($31,770.95) PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Resolution 20-195 Approve Special Event—Oshkosh Farmer's Market, Inc. /Utilize 400 & 500 Blocks of Main Street & 100 Block of Church Avenue for the Oshkosh Saturday Farmer's Market / June 6 — October 31, 2020 (Saturdays) Council Member Mugerauer stated he was grateful to see the special events applications continue to come in and thanked staff for their work with the organizations to accommodate when necessary and looked forward to the events taking place. Mayor Palmeri questioned if there were special expectations with the farmer's market. Ray Maurer, Parks Director explained the organizer had submitted a plan to the County Health Department for approval, then staff reviewed the plan for the venders and social distancing. He stated staff had been comfortable with the set up and plan. Mayor Palmeri questioned if there was a need to expand down the street for set up or would it be reviewed on a week to week basis. Mr. Maurer stated the layout included 10 feet space between the vender booths with double wide tables and staff felt all precautions were covered in the plan and there was no need for additional area. Mike Stanley, Fire Chief added the number of vendors was reduced and restricted to produce and food, they encouraged pick up, no eating and to comply with social distancing requirements. He stated the plan was comprehensive to follow the State guidelines and Center for Disease Control (CDC). Resolution 20-196 Approve Amended Special Event — Oshkosh North Baseball, Inc. to utilize Reetz Softball Complex at Menominee Park for the Spartan Summer Slam Youth Tournament/August 7—9, 2020 Resolution 20-197 Approve Amended Special Event — Life Promotions to hold Lifest at Sunnyview Exposition Center & to utilize Winnebago County Community Park for Lifest Parking & 5K/August 12 — 16, 2020 Resolution 20-198 Approve Amended Special Event — Cabela's National Team Championship Fishing Tournament/ September 23 —26, 2020 Resolution 20-199 Approve Common Council Annual Appointments to Boards & Commission 2 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Resolution 20-200 Approve Appointments to: Traffic & Parking Advisory Board Bicycle & Pedestrian Advisory Committee Resolution 20-201 Approve Operator Licenses, Agent Changes & Secondhand Dealer License MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Ford) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri ACTION TAKEN ON ORDINANCE AND RESOLUTIONS Ordinance 20-202 Amend 2020-2021 Fees for Alcohol Beverage Licenses in Response to COVID-19 Coronavirus Emergency (Staff Recommends to Waive the Rules & Adopt on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Ford; second, Mugerauer) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri MOTION: ADOPT (Allison-Aasby; second, Ford) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri Council Member Ford stated the ordinance would lower the alcohol license fees to the minimal amount allowed by State Statutes. Resolution 20-203 Approve Purchase of Riverwalk Bollards from Pacific Lighting & Standards Company (PLSC) for Lakeshore Riverwalk ($76,846.00) MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri Resolution 20-204 Approve Amendment No. 2 to TID Development Agreement with Merge, LLC for Redevelopment of Parcels H, I & J within the Marion Road Redevelopment Area 3 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (5) Erickson, Poeschl, Allison-Aasby, Mugerauer, Mayor Palmeri; Present (1) Ford Council Member Mugerauer asked for an update on the amendment. Allen Davis, Director of Community Development, explained the amendment would revise the timeline of the three parcels in the project. He stated parcel J was originally going to be the first to be built and with the amendment parcel H would be built on first. He explained Oshkosh Food Co-op would be located there and they had deadlines they needed to meet. He explained due to the uncertainties of the pandemic, the developers asked for more time to start and finish the other buildings. He stated the City wanted to make sure all three buildings were built. He explained with the credit ratcheting down, if the developer only built one, they would receive a certain amount, if two buildings built an increased amount and if all three buildings were built they would receive the entire TIF support. Council Member Mugerauer thanked Merge for answering the questions Council had and the extra information to keep the development moving forward. Brent Dahlstrom from Merge thanked the City for working with them and was excited to work with the food co-op. Council Member Ford stated he would vote present due to his prior involvement with the food co-op and his Council commitment. Resolution 20-205 Support Emergency Rule Preventing Landlords from Charging Late Fees or Penalties for Missed or Late Rent Payments During the COVID-19 Public Health Emergency&for 90 Days Afterward MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri Mayor Palmeri requested a summary. Mr. Rohloff explained the Department of Agriculture, Trades and Consumer Protection (DATCP)was looking for public comment by May 21,2020 and the resolution was for Council to go on record that they would support the emergency rule and extension of 90 days after the health emergency. Council Member Ford questioned if the City had received feedback from landlords. 4 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Mr. Rohloff stated he had not seen or heard anything. Mayor Palmeri stated she had recently spoke with landlords and there was no opposition from them regarding the emergency rule. She mentioned some of the landlords were interested in mediation for rental issues. Council Member Poeschl stated he had heard the tenants and landlords supported the emergency rule. Resolution 20-206 A Resolution of the Common Council of the City of Oshkosh Wisconsin Requesting an Explanation for the Failure of the United States Postal Service to Deliver Absentee Ballots to Oshkosh Voters for the April 7, 2020 Election MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri Mayor Palmeri questioned if there was public comment. Ms. Ubrig stated that she had forwarded to Council by email a letter from Mary Ann Dedow, 1915 Fabry Street and that would go into the record. Council Member Mugerauer thanked the city staff for their work on the language on the resolution. He stated the City had not received any information on the missing ballots and was asking state legislatures for assistance to find out what happened to the ballots and to prevent the situation going forward. Mayor Palmeri stated the resolution included that city residents were entitled to know the status of where the undelivered ballots were. Resolution 20-207 Direct City Clerk to Mail Absentee Ballot Request Forms to All Registered Voters in the City of Oshkosh for the November 3, 2020 Presidential Election MOTION: ADOPT (Ford; second, Erickson) MOTION: AMEND TO ADD AUGUST 11, 2020 PARTISAN PRIMARY ELECTION (Poeschl; second, Ford) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri 5 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 MOTION: AMEND TO MAIL ABSENTEE BALLOT APPLICATIONS FOR BOTH AUGUST 11, 2020 PARTISAN PRIMARY AND NOVEMBER 3, 2020 PRESIDENTIAL ELECTIONS CONTINGENT OF STATE HEALTH EMERGENCY IN PLACE (Ford; second, Erickson) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri VOTE ON AMENDED RESOLUTION CARRIED: Ayes (4) Erickson, Poeschl, Ford, Mayor Palmeri; Noes (2) Mugerauer, Allison-Aasby Mayor Palmeri indicated that Council had received a number of emails regarding the topic. Council Member Ford stated in his background research, he found there was not partisan benefit to mailed absentee ballots. He explained it was important for the public to understand the goal was to mail an application to receive an absentee ballot. He expressed that residents would need to complete the form just as they had in past elections and proved ID if it was not on file in the Clerk's Office. He stated he was not worried about voter fraud, it was more important for citizens to have the capability to vote. He acknowledged the cost associated with the effort and felt the health benefit to protect the voters was important, he stated he would support the resolution. Mayor Palmeri questioned when people could register or apply for an absentee ballot for the upcoming elections. Ms. Ubrig stated her office had begun to receive requests for the August and November elections. She explained her office had planned to do a merge before sending out the mass mailing of absentee request forms so those voters that already requested would not receive a duplicate request. Mayor Palmeri asked depending on the number of absentee requests received would there be an adjustment to the number of polling sites. Ms. Ubrig explained that all the polling sites would remain open as the ballots would be processed on Election Day. Council Member Allison-Aasby stated she appreciated the intent, with the generous amount of time before the next election and the funds that would be needed to mail the form, she felt there were other options to educate the public on how to receive an absentee ballot without mailing the request from. She explained with the limited revenue coming in, the cost for the mailing would come out of the operating budget. She stated due to the 6 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 cost and other options voters had, she would vote no. Mayor Palmeri questioned if college move in day was before the August election and the concern to mail requests to those voters due to it was temporary housing for those students and they would not be at their registered dorm address. Council Member Allison-Aasby stated Council would make a decision now and there were unknowns as to whether college would be back in session in the fall. Council Member Ford appreciated the valid points and stated he spoke with staff at the University about a communication to students regarding their address change with the Clerk's office. He understood there would be some requests that would not be delivered due to an address change, he focused on being proactive and to communication the information. Mayor Palmeri stated the President of the University of Oshkosh indicated the intent was to continue school as scheduled in the fall. Council Member Poeschl stated he felt it was important for voters to have options during the uncertain times and public health issue. He also stated it was important to look at the information and data regarding a second wave of the virus either late summer or fall. He explained not only do college student change their address, the community has a transient renter population. He felt the need to move forward to encourage and educate voters to vote either by absentee ballot or at their polling site. Council Member Mugerauer stated he voiced his concerns at the previous meeting regarding the potential program and he had those same concerns. He stated that the City was an example of how well they had been at elections and the previous election had been another example of staff pushing information regarding absentee voting and it was a successful. He explained it had been done at a fraction of the cost as to what the current resolution would cost the City. He questioned why the August election had been less important than the November election as the resolution had only covered the November election. He continued there had been no explanation as to how the mailing would be funded and that it would strictly be an operational expense. He stated if this were to happen once, he felt there would be an effort for reoccurrence from citizens or Council Members to continue and that would need to be funded. Council Member Ford asked for the advertising cost from the previous election. Mr. Rohloff indicated it was slightly under $3,500.00 for the advertising two times in the Oshkosh Herald. He stated there was also online social media at no cost to get the 7 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 information out to the community. He explained there was staff time involved in the effort. Council Member Ford questioned if the cost to mail the request would be reimbursed. Mr. Rohloff stated he viewed the cost as a COVID-19 related expense and it had been the intent to submit the cost, there was no guarantee that it would be reimbursed. Council Member Ford indicated the City would submit the amount for reimbursement and he felt the resolution was in response to the times, not an ongoing occurrence. Mayor Palmeri explained her husband had not been able to vote for the first time in his adult life due to not receiving his absentee ballot. She stated she did not feel a price could be put on getting information to voters to be able to vote and she would support the resolution. Council Member Mugerauer stated he respected her point of not receiving an absentee ballot as he also did not receive an absentee ballot and went to the polls, which he indicated was his choice. He explained the proposed resolution would not fix the problem. Council Member Allison-Aasby questioned if this was a public health issue then the August election should have been included, she stated the message needed to be consistent. Mayor Palmeri asked if citizens had the option to request a ballot for the August election. Ms. Ubrig stated request forms would be mailed after the August election. Council Member Poeschl stated he agreed that August be included because it was a public health issues. He explained at the previous Council Meeting, the consensus was for the November election, as the resolution was presented. He indicated he would make a motion to amend the resolution to include the August election. Council Member Allison-Aasby questioned if the Safer at Home Order expired on May 26, 2020; was the health emergency still in place. Mr. Rohloff stated the Safer at Home Order had been set to expire on May 26,2020,however, the public health emergency would continue nationally and locally. Mayor Palmeri stated it had been previously discussed for the City to keep the health emergency in place once the Safer at Home Order had been lifted. 8 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Council Member Mugerauer questioned when the absentee ballots would be mailed for the August election. Ms. Ubrig stated the August ballots would start to be mailed on June 25, 2020. Council Member Mugerauer questioned the date for the November election. Ms. Ubrig stated the November ballots would start to be mailed on September 16, 2020. Council Member Mugerauer questioned how much time would it take the Clerk's office to prepare to mail the absentee ballots. Ms. Ubrig explained there would be a meeting to discuss staffing, ballot orders, and logistics. She indicated the process took a lot of time to prepare for the absentee ballots to be mailed. Council Member Mugerauer questioned if the Clerk's office would be able to take on such a task with the staff currently in place. Mr. Rohloff responded that it would be out of the normal capacity of the Clerk's office and there had already been discussions regarding the assistance from all departments as they did for the April election. Council Member Ford questioned if Council would be open to including language in the resolution to make the mailing contingent on whether there was a health emergency declared in the City. Ms. Ubrig asked for clarification if the mailing of the absentee request forms was contingent upon a State health emergency for the August and November elections. Council Member Ford indicated he was referring to both elections and that if there was no longer a state of emergency then there would be no need to take the extra measures. Council Member Erickson questioned if there would be a reason to keep the City's Declaration of Emergency if the State lifted theirs. Mr. Rohloff stated it was be possible for the City's to be in place longer than the State's. Council Member Allison-Aasby stated she supported a smoother voting process for the citizens. She explained she would not support the resolution as she felt the issues were an error with the United States Postal Service during the previous election. She stated the extra 9 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 measures were not needed and she would vote no. Council Member Mugerauer stated the amendments made improvement to the resolution, he would not support the resolution as he did not feel it would be rectify the problem. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Approve 2020 Council Rules as Amended by Council at the April 28, 2020 Council Meeting MOTION: ADOPT (Allison-Aasby; second, Erickson) CARRIED: Ayes (6) Erickson, Poeschl, Ford, Allison-Aasby, Mugerauer, Mayor Palmeri COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards and Commissions Mayor Palmeri reported on the following: East Central Wisconsin Regional Planning Commission • Searching for a new director • Pending negations with Outagamie County regarding participation with Commission • Scope of work changes Bicycle & Pedestrian Advisory Committee • Bike Oshkosh event canceled Council Member Poeschl reported on the following: Advisory Park Board • Updates /Prioritize Capital Improvement Program (CIP) for 2020-2025 • Impact of COVIS-19 on parks & operations • Development at Lakeshore Park • Park project updates • Report on new animals at Menominee Zoo CITY MANAGER ANNO UNCEMENTS & STATEMENTS James Rabe, Director of Public Works presented a general overview of the 2020 sidewalk program and indicated the information packet was on the website for residents to review. He explained the program was an annual program designed to divide the City into sections with a projected completion of 10 years. He stated the purpose had been to evaluate the 10 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 condition of the sidewalks in the areas and get those not in compliance to standards and followed the American with Disabilities Act (ADA) standards. He explained the staff inspected and recommended repairs such as: cracking, deflection, surface condition, settling or raised walk way, cross slope, and defective driveway aprons;he provided images of those situations. Mayor Palmeri asked what deflection meant. Mr. Rabe explained deflection was when the sidewalk would separate vertically from each other that could cause a passerby to stub a toe or a wheelchair difficulty to maneuver. Mayor Palmeri pointed out it would also involve biking, roller blading and skateboarding. She questioned if grinding that part of the sidewalk was an option. Mr. Rabe explained some contractors had the ability to do that, it would not be something a homeowner would be able to rectify themselves. He stated work in the public right of way would require a permit from the engineering division. Council Member Ford asked if there was a list of licensed contractors. Mr. Rabe stated the engineering department would be able to provide that list, he would need to check if that list was available on the website. Mayor Palmeri questioned if homeowners wanted to complete the work, would they need to obtain the permit and bonding. Mr. Rabe stated that was correct and the homeowner would also need to meet the ADA standards. Mayor Palmeri asked numerous questions on ways to rectify different issues with sidewalks. Mr. Rabe explained there were procedures such as mud jacking and concrete shaving. He went over the different ways to be compliant with the ADA standards. Council Member Mugerauer questioned why the City decided to work on a 10 year plan as other communities had sidewalk programs that were on a 12 to 15 year plan. Mr. Rabe stated he did not have an answer. 11 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Ms. Lorenson responded that claims went through her department, the 10 year plan was a recommendation and had been in place for some time. Mr. Rohloff stated this had been discussed and any sidewalk program needed to be effective to avoid failure or risks. Council Member Mugerauer asked when the information was available to follow up with a report to Council. He questioned if there would be a benefit to a longer cycle. He stated a culprit in the condition of our sidewalks was our weather along with trees planted in the terrace. He stated the City planted the trees in the terrace and then later asked homeowner to pay the fee to replace sidewalks. Ray Maurer, Parks Director stated the City looked at what benefit the trees brought to the community and the environment. He explained staff had learned from the past and takes into consideration the type of tree when planted in the terrace. He mentioned staff weights the street wide, terrace size and power lines in the area. Mr. Rohloff expressed his disappointment that Council Resolution 20-191 to waive the interest and penalties for late property tax installments on the Winnebago County agenda was a discussion item not an action item. Council Member Ford stated it was unfortunate it did not forward. He expressed from a policy standpoint it was unlikely that a larger entity would defer tax payments to improve their financial records, the cost benefit would not be in their favor. He stated it would been another opportunity to assist citizen during the time of the pandemic. Council Member Mugerauer observed concerns the County had if the interest was waived, there would be a shortage of funds. He expressed his disappointment that the item did not move forward to the County Board. Mayor Palmeri questioned if the item would go before the County Board at a later time. Council Member Mugerauer stated his understanding was because it was not an action item; there would be no action up/down or comment to the board. Mr. Rohloff explained a couple supervisors on the Winnebago County Board had exercised their right to have it placed on an upcoming agenda. He stated he had received an invitation and planned to virtually attend. He explained there was a discussion on a signed affidavit requirement to waive the interest / penalties and that discussion was garbled up. He explained there were imperfections with Act 185 state legislation and it would take time for them to be worked out. He stated the City had received phone calls from residents who had 12 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 fallen on hard times and were unable to make payments. He felt that if the City would be able to waive the interest and fees it would help residents and business owners. Mr. Rohloff informed Council there were inactive liquor licenses and he decided with the times they would be reviewed at a later date. Mayor Palmeri asked how many inactive liquor licenses. Ms. Ubrig stated there had been a handful, that they were all at a different stage and there was only one that staff would need Council direction on. Mr. Rohloff pointed out that he and Superintendent of Oshkosh Area School District (OASD) Vickie Cartwright had a discussion to make the effective date for the free student busing program effective September 1, 2020 as schools were not in session nor was summer school. He mentioned the Boys and Girls Club along with the YMCA were not open. He stated the terms were the same just that the effective date was delayed. Council Member Poeschl indicated there were discussions and it made sense. Mayor Palmeri stated Council had decided the effective date would be July 1, 2020 and questioned Mr. Rohloff and Dr. Cartwright's decision to delay the date. Mr. Rohloff responded that Council had given him the ability to work through some things due to the times the City was in and he confirmed that he and Ms. Cartwright agreed on the delay. He stated it would be appropriate to delay as the City did not want to encourage kids to be use public transportation during the pandemic. He stated the agreement was the same just the effective date changed and he would bring it back to Council if necessary. Mayor Palmeri questioned if there was support with the effective date change. Council Member Poeschl stated he supported the date delay and added he had reached out to several community agencies that were involved in the program and they were in agreement. Mayor Palmeri questioned if a student with a summer job had planned to utilize the free busing program would now not be able to. Mr. Rohloff stated that was correct and that student would have the option to use the program on the back end due to the extended time. 13 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 Mr. Rohloff moved on to the Oshkosh Avenue bridge update that it was on schedule for the middle of June opening. He stated that he and the Mayor had met to discuss the details of the Diversity and Inclusion Committee and would be brought to Council soon. Mr. Rohloff stated of April 30, 2020, the City was down 1.8% on overall general fund revenue. He stated their estimation of loss was 1.1 million dollars in the general fund due to COVID-19. He explained COVID-19 related expenditures were about $56,000.00 with a projected additional expenditure of$250,000.00;roughly$300,000.00 together. He stated the impact would be 1.3 million to 1.5 million dollars in the fund balance. He reminded Council of the 1.7 million dollars surplus from 2019 that would need a decision on where it would be allocated. He stated there were many items that would come into play before all the numbers settle. Mayor Palmeri questioned if there was a recession plan in place. Mr. Rohloff stated when Council started to review the budget in July, there would be modeling with assumptions to discuss as things change and mid-year they would have a better idea. Council Member Mugerauer asked for an update on debt to room tax dollars when staff had time to make that available. Mr. Rohloff stated he would get that to Council. Mike Stanley, Fire Chief gave an update on the pandemic and reported the capacity to test continued to be on the rise. He stated the biggest news had been the Governor allowed retail to open. He explained the City had been in communication with retailers to be in compliance with the standards of reopening. He stated the situation continued to change and efforts were toward recovery and reimbursement. Mayor Palmeri questioned how quickly the City would be able to reverse the decision if the number of positive cases and/or deaths would rise. Chief Stanley stated that had been a concern, it would be extremely difficult and expressed the need for a slow reopening. He stated he did not want all the work done in prior months to go to waste if the city were to reopening everything at the same time. Mr. Rohloff stated the Wisconsin Restaurant Association had put out a letter stating how they felt a reopening would look and done safely. He stated staff was working on ways to accommodate local establishments to be able to reopen and follow the guidelines. He explained an ordinance regarding temporary use permits to assist local establishments 14 PROCEEDINGS OF THE COMMON COUNCIL-MAY 12, 2020 would be brought to Council for consideration. A video played that featured various city employees sharing why they liked serving their community in honor of public service week. MOTION: ADJOURNED (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:56 p.m. PAMELA R. UBRIG CITY CLERK 15