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HomeMy WebLinkAbout03. Council Minutes from 05.18.2020 & 5.26.2020 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 18, 2020 SPECIAL MEETING held Monday, May 18, 2020 at 4:30 p.m. in Council Chambers, 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;Angela Joeckel,Deputy City Clerk; and Lynn Lorenson, City Attorney ACTION TAKEN ON ORDINANCES &RESOLUTIONS Ordinance 20-208 Create Ordinance to Provide for Covid-19 Temporary Outdoor Seating Areas & Authorize City Staff Review & Approval of Temporary Outdoor Seating Areas& Expansion of Licensed Premises for Taverns & Restaurants (Staff Recommends to Waive the Rules & Adopt on First Reading) MOTION: SUSPEND THE RULES FOR CONSIDERATION (Mugerauer; second, Krause) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Erickson questioned if Council would be notified if there were to be complaints or issues with establishments. Mr. Rohloff stated documents would be on the city's website for accessibility. Council Member Erickson asked if there would be an after action report or evaluation for all partners involved on the ordinance after the October 1, 2020 deadline. Mr. Rohloff indicated there would be an after-action report completed. 1 PROCEEDINGS OF THE COMMON COUNCIL -MAY 18, 2020 Council Member Mugerauer asked for a brief description as to why Council was approving the ordinance so quickly. Allen Davis, Director of Community Development explained the City had worked on a COVID-19 temporary use permit (TUP) for establishments to allow outdoor seating. He stated the TUP would allow the property owner to submit a plan that showed seating, dispensing food,beverage and parking. He stated they would be reminded to follow health guidelines along with Center for Disease Control (CDC) requirements on social distancing. Mayor Palmeri questioned the expansion of the services regarding space and temporary bar set up. Mr. Davis explained he would not been able to predict how often the expansion of services would be used, he gave examples of temporary bars set up at establishments. He stated the health department would allow a bartender to dispense the beverages and wait staff would then take the beverage to the table. Mayor Palmeri questioned why there would be a need for extra bars. Mr.Rohloff stated there was a goal to minimize contact points and that with temporary bars set up, that would allow for different avenues for patrons to receive their beverages. Dean Smith, Police Chief stated from a law enforcement point of view, the thought process had been to set up temporary bars outside would allow to monitor the patrons in the outside areas at all times while servers would be inside retrieving food. Mayor Palmeri asked if the bars would be roped off so patrons were unable to congregate. Mr. Davis explained that would be addressed with each establishment when their plans were submitted. Mayor Palmeri questioned if there was non-compliance or reason for revocation, how the repeal process would work. Mr. Davis stated the ordinance outlined the details. Ms. Lorenson explained the revocation process would start with a complaint or violation, staff would review, and there would be a notice of hearing within a 3 to 10 days of the violation. She explained once a decision was made and if needed, then there was an appeal process to Council. 2 PROCEEDINGS OF THE COMMON COUNCIL -MAY 18, 2020 Mayor Palmeri questioned if the TUP would tag along with the establishments liquor license. Ms. Lorenson explained the TUP would be revoked not the liquor license itself. She stated if there was something regarding the liquor license, then the statutory process would be followed. Deputy Mayor Krause questioned the verbiage regarding an establishment able to set up on a neighbor's property and what that entailed. Mr. Davis explained they would need to have their neighbor's approval. Mayor Palmeri explained neighboring states had not yet been open due to COVID-19 and there had been concerns that those residents would cross state lines to partake and questioned if there had been any thought given to that. Mr. Rohloff stated he agreed and the concern had been legitimate, however, the purpose of the ordinance was to have establishments follow the CDC guidelines. Mayor Palmeri asked if establishments would be able to use another property with their permission. Ms. Lorenson stated the other property owner would need to sign off that they had given permission to use the property. Council Member Ford questioned if there would be a fee for business to apply for a TUP. Mr. Davis stated there was no fee. Resolution 20-209 Resolution for a Safe & Fair Reopening of the Oshkosh Economy MOTION: ADOPT (Allison-Aasby; second, Ford) CARRIED: Ayes (7) Mugerauer, Erickson, Poeschl, Ford, Allison-Aasby, Krause, Mayor Palmeri Council Member Ford stated the intent of the resolution was to demonstrate a purpose of unity and for the people, not politics. He stated he recognized businesses needed to be able to get back to work and follow the guidelines of CDC. He recognized there would be some disagreement on policies during the crisis, he wanted to assure residents and business that the purpose was to work together. 3 PROCEEDINGS OF THE COMMON COUNCIL -MAY 18, 2020 Mayor Palmeri asked for clarification on financial assistance listed in the resolution. Council Member Ford stated items such as previously discussed with the temporary use permits, loan programs, no fee or the reduced fee of the liquor licenses were examples of financial support. Council Member Mugerauer thanked Council Member Ford and indicated his support. COUNCIL DISCUSSION Mayor Palmeri mentioned the Winnebago County Drug and Alcohol Coalition had submitted their recommendations on Resolution 20-208 pertaining to the outdoor seating areas that was approved at the beginning of the meeting. Mr. Rohloff stated their recommendations such as the start and end date, the barriers to prevent patrons from leaving the area, the indoor capacity would not be expanded, signage for no smoking were in the ordinance. He explained each situation would be looked at for patrons to use the main door of the establishment for entrance and exiting. Mayor Palmeri questioned the recent Attorney General's opinion regard the local health departments. Doug Gieryn, Winnebago County Health Director explained the various statutes and enforcement issues that were communicated with communities for the guidelines to be in place to operate, stay consistent and clean. Mayor Palmeri asked if the county had considered sewer sample testing of the shed virus like other communities had. Mr. Gieryn stated not at this time. Mayor Palmeri questioned what the intervention threshold would be for the health department. Mr. Gieryn explained they watched the various indicators and monitored the changing situation. He stated it was a board concern and each issue would be addressed the best way possible. Council Member Mugerauer confirmed that his title was Public Health Director for Winnebago County. He questioned the extension of the Safer at Home order that had 4 PROCEEDINGS OF THE COMMON COUNCIL -MAY 18, 2020 been in place and then reversed a few days after. He questioned where the confusion had been at Winnebago County as it was confused the community during that time. Mr. Gieryn stated there had been a timeline of events, the state gave input and there were concerns of liability along with difficulties to enforce the extension of the Safer at Home order, therefore, it had been rescinded. Council Member Mugerauer stated that the county needed to have everything in order before putting the community through the rollercoaster. Mayor Palmeri appreciated what the County did at the time with the information they had. Mr. Rohloff indicated that Mr. Gieryn was the Public Health Director for the entire county with a lot of considerations and opinions. He stated the City worked with his office on a daily basis and will continue to work together with potential changes to come in the future. Council Member Ford questioned the number of COVID-19 hospitalizations in Winnebago County. Mr. Gieryn stated the information was available online and accessible. Mayor Palmeri questioned if the information was available by county. Mr. Gieryn stated no, the information available was by hospital and had been the most valuable way to monitor the information. Council Member Ford expressed the importance of the information. Mayor Palmeri questioned what the Council could do to be of assistance or supportive. Mr. Gieryn encouraged Council to continue to do what they had been doing and by assisting the community to abide by CDC guidelines. Mayor Palmeri questioned contact tracing in Winnebago County. Mr. Gieryn explained that 1,000 contact tracers were available and the more cases there were the more contact tracers would be needed. He explained the county had been in the process of hiring more each day to reach their goal of each case being contacted within 5 PROCEEDINGS OF THE COMMON COUNCIL -MAY 18, 2020 24 hours of diagnosis. Mayor Palmeri questioned if there would be more contact tracers available when school was back in session. Mr. Gieryn stated they had been continuously monitoring the situation and would adapt and adjust as needed. Mr. Rohloff stated the departments at City Hall had been working on a reopening plan as well. He continued that it had been a balancing act on all end and the city would continue to work towards the best solution. Mr. Gieryn stated even though the orders had been lifted, he urged everyone to continue to follow CDC guidelines. Council Member Poeschl questioned what the City would be doing to inform businesses. Mr. Rohloff stated it would be communicated with different avenues, such as the Tavern League, the Convention and Visitors Bureau along with the social media to make the businesses aware of the permit. MOTION: ADJOURN (Mugerauer; second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 5:33 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 6 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 26, 2020 REGULAR MEETING held Tuesday, May 26, 2020 at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl (virtual), Michael Ford, Jake Krause, Matt Mugerauer, Lynnsey Erickson, and Mayor Lori Palmeri EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Council Member Poeschl. PUBLIC HEARING The Mayor ordered the following Public Hearing: Ordinance 20-210 Approve Comprehensive Land Use Plan Amendment from Light Density Residential to Medium & High Density Residential for Properties Located at the 2600 Block of Witzel Avenue (Plan Commission Recommends Approval) There were no appearances and the Public Hearing was CLOSED CONSENT AGENDA ITEMS Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from April 28 & May 12, 2020 Resolution 20-211 Award Bid to Cardinal Construction Company, Inc. for Spanbauer Field Restrooms Renovation for Parks Department ($109,073.00) PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Resolution 20-212 Award Sid to Packer City International & Monroe Truck Equipment for Tandem Axle Chassis Under Body Scraper & Equipment Package for the Street Division ($209,270.00) Resolution 20-213 Award Bid to Marshland Transplant Aquatic Nursery, LLC for Installation of Native Plantings - South Park for Parks Department & Public Works Department ($24,911.15) Resolution 20-214 Award Bid to Minnesota Elevator Inc. for Elevator Improvements for the Public Museum ($34,929.00) Resolution 20-215 Approve Amendment to Professional Services Agreement for Environmental Support for 2020 Capital Improvement Projects (CIP) /AECOM Technical Services, Inc. (+$90,000.00) Resolution 20-216 Accept Storm Sewer Easement at 1658 Maricopa Drive (Plan Commission Recommends Approval) Resolution 20-217 Approve Street Right of Way Dedication along the South Side of the 2600 Block of Witzel Avenue (Plan Commission Recommends Approval) Resolution 20-218 Approve Conditional Use Permit to Allow a Roof Mounted Small Solar Energy System at 11 Chateau Terrace (Plan Commission Recommends Approval) Resolution 20-219 Approve Conditional Use Permit for an Outdoor Commercial Entertainment Use at 701 N. Main Street (Plan Commission Recommends Approval) Resolution 20-220 Approve Conditional Use Permit for an Outdoor Storage Area at 2676 S. Oakwood Road (Plan Commission Recommends Approval) Resolution 20-221 Approve Budget Amendment & Fund Transfer; Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire; 1014 Wisconsin Street ($37,000.00) Resolution 20-222 Approve Appointments to Boards & Commissions 2 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 20-222 (Mugerauer; second, Krause) CARRIED: Ayes (6) Poeschl, Ford, Krause, Mugerauer, Erickson, Mayor Palmeri Resolution 20-222 Approve Appointments to Boards & Commissions MOTION: ADOPT (Mugerauer; second, Ford) MOTION: AMEND TO APPROVE APPOINTMENTS EXCLUDING THE APPOINTMENT OF DEB MARTIN TO THE ADVISORY PARKS BOARD UNTIL JUNE 9, 2020 COUNCIL MEETING (Mugerauer; second, Ford) LOST: Ayes (1) Mugerauer; Noes (5) Poeschl, Ford, Krause, Erickson, Mayor Palmeri VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (5) Poeschl, Ford, Krause, Erickson, Mayor Palmeri; Noes (1) Mugerauer Council Member Mugerauer thanked all that had applied to the various boards and commissions along with those that had served over the years. He recognized Tom Fojtic for his years of service on the Plan Commission. He stated Bill Miller had served as a dedicated member of the Advisory Parks Board and was not reappointed, he felt it was unfair how the new appointee had been appointed. Mayor Palmeri stated dedicated service would not be an appropriate term and explained the reappointed was not made due to missed meetings over the years. Council Member Ford questioned if the Mayor had the authority to approve sitting board members. Ms. Lorenson stated that was correct and the process was in the code. ACTION TAKEN ON ORDINANCES &RESOLUTIONS Ordinance 20-223 Approve Temporary Closure of Oakwood Road at the Railroad Crossing FIRST READING: LAID OVER UNDER THE RULES 3 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Ordinance 20-224 Approve Zone Change from Business Park (BP) District to Business Park with a Planned Development Overlay (BP-PD) District for Three Properties Located at the Northeast Corner of Jackson Street & West Fernau Avenue (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 20-225 Approve Zone Change from Heavy Industrial District (HI) to Heavy Industrial District with a Planned Development Overlay (HI-PD) at 191 W. 281h Avenue (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 20-226 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) at 500 E. County Road Y (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 20-227 Approve Zone Change from Single Family Residential — (SR-5) District to Multi Family Residential — 12 (MR-12) District for Properties Located on the South Side of the 2600 Block of Witzel Avenue (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Resolution 20-228 Approve Waiving Interest & Penalty Fees for Late Property Tax Installments MOTION: ADOPT (Mugerauer; second, Krause) CARRIED: Ayes (6) Poeschl, Ford, Krause, Mugerauer, Erickson, Mayor Palmeri Russ VanGompel, Director of Finance explained Winnebago County had passed their resolution, now the Council could take action on the matter. Resolution 20-229 Approve Amendment No. 1 to Developer's Agreement with Lake Shore Development of Oshkosh, LLC on Oshkosh Avenue, N. Westfield Street & N. Koeller Street MOTION: ADOPT (Erickson; second Ford) CARRIED: Ayes (6) Poeschl, Ford, Krause, Mugerauer, Erickson, Mayor Palmeri 4 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Allen Davis, Director of Community Development, gave a brief description of the redistribution of the parcel layouts. RECONSIDERED RESOLUTION Resolution 20-207 Direct City Clerk to Mail Absentee Ballot Request Forms to All Registered Voters in the City of Oshkosh for the August 11, 2020 Partisan Primary&November 3, 2020 Presidential Election MOTION: RECONSIDER(Erickson; second, Ford) CARRIED: Ayes (6) Poeschl, Ford, Krause, Mugerauer, Erickson, Mayor Palmeri MOTION: AMEND TO TIE TO CITY OF OSHKOSH DECLARATION OF EMERGENCY (Ford; second, Mugerauer) CARRIED: Ayes (6) Poeschl, Ford, Krause, Mugerauer, Erickson, Mayor Palmeri VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (6) Poeschl, Ford, Krause, Erickson, Mayor Palmeri; Noes (1) Mugerauer Council Member Erickson explained at the time Council had originally voted on the resolution, there had been a State of Emergency in place and since been lifted. She requested the revote with the local declaration of emergency to be considered. Council Member Ford stated it was important to protect the community and with the emergency order in place the mailing should happen. He explained he did not feel the mailing would be a permanent situation, it would be during the time of the COVID emergency. Deputy Mayor Krause stated the situation continued to change and he supported the amended language. Council Member Poeschl stated he felt the science indicated that the pandemic would continue and Council should move forward with direction to mail the requests. Council Member Ford questioned if Council would like to amend the resolution to include the city's emergency declaration so it would not become a permanent matter. Mayor Palmeri questioned the amount of time needed to send mailings. 5 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Ms. Ubrig requested Council make a decision and her office would move forward with a plan. Deputy Mayor Krause asked a series of questions regarding voter turn-out in previous elections as well as questions pertaining to the proposed mailing. Ms. Ubrig explained the numbers previously discussed and the figures for the proposed mailing. Mayor Palmeri questioned if the city's declaration of emergency would be closed before the election. Mr. Rohloff stated he did not believe it would be and indicated he would be surprised if it was over by the end of the calendar year. Council Member Mugerauer stated he like the idea of having the mailings tied to the city emergency. Council Member Erickson questioned if the Wisconsin Election Commission voted to send applications to all voters, what that meant for the city. Ms. Ubrig explained the state would mail the requests. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Mugerauer reported on the following: Public Arts & Beautification Committee • Downtown mural would be unveiled June 6, 2020 Council Member Erickson reported on the following: Oshkosh Housing Authority • Waivers added during time of COVID-19 Rental Housing Advisory Board Special Meeting scheduled for June 3, 2020 at 4:00 p.m. to talk through evictions Council Member Ford reported on the following: Plan Commission • Thanked Tom Fojtik for his years of service • Discussion regarding solar roofs and distraction to drivers. 6 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Council Member Mugerauer recognized and thanked city employees for their work during the health pandemic and their service to the community. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff informed Council of the cooperative purchases through the state bidding process for the service van for the Electric Department ($37,053);the Ford Super Duty F350 pickup truck for the Fire Department ($35,150); and the one ton dump chassis for the Parks Equipment ($36,882.50). Mr. Rohloff asked if there were questions regarding the 1st quarter of the fund revenue and expense report. Council Member Ford questioned the contractual services section in the report. Russ Van Gompel, Finance Director explained account had been set up to track the computer virus, COVID-19 and the additional postage. Council Member Erickson explained the Rental Housing Committee had a meeting to address landlord/tenant issues and income changes due to COVID-19. Mayor Palmeri stated the state had announced funds for the rental assistance programs. Mike Stanley,Fire Chief gave a COVID-19 update that Winnebago County had 160 positive cases and had lost 3 members of the community due to the virus. He explained the number of cases increased with more tests administered and the reopening of the community. He stressed the importance of caution with reopening businesses and to follow all the Center for Disease Control (CDC) guidelines. Mr. Rohloff stated department heads and staff were preparing to reopen city facilities with the projected date of June 8,2020 for City Hall on a limited basis. He stated the pool would remain closed for the summer. Mayor Palmeri questioned board and commissions meetings and if those would continue. Mr. Rohloff stated meetings would continue to operate in their current state and would be reassessed at a later date. Mayor Palmeri questioned how the Department of Health Services had tracked COVID-19 cases. 7 PROCEEDINGS OF THE COMMON COUNCIL - MAY 26, 2020 Chief Stanley stated he received reports regularly and the City of Oshkosh had increased numbers by the day of the virus. He explained Bethel Home had been hit hard with 11 occupants and 5 staff that tested positive. He stated the State of Wisconsin had been in the top states with the most amount of positive COVID-19 cases. He state the issues were changing and the City was doing everything they could to stay on top of the situation. The meeting adjourned at 7:10 p.m. PAMELA R. UBRIG CITY CLERK 8