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HomeMy WebLinkAboutMinutes1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 23, 2021 REGULAR MEETING held Tuesday, January 23, 2021 at 5:00 p.m. virtually. Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl, Michael Ford, Deb Allison-Aasby, Jake Krause, Matt Mugerauer, Lynnsey Erickson and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS & TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR REDVELOPMENT OF THE MILES KIMBALL REDEVELOPMENT PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION; (Krause, second, Mugerauer) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor Palmeri MOTION: ADJOURN (Mugerauer, second, Erickson) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Mayor Palmeri The meeting adjourned at 5:03 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 23, 2021 REGULAR MEETING held Tuesday, February 23, 2021 at 6:00 p.m. virtually. Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl, Michael Ford, Deb Allison-Aasby, Jake Krause, Matt Mugerauer, Lynnsey Erickson, and Mayor Palmeri 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. CITIZENS STATEMENTS There were no citizen statements. PUBLIC COMMENT ON AGENDA ITEMS Ordinance 21-100 Amend Various Sections of Chapter 30 Zoning Ordinance to add Transitional Residential Housing (Plan Commission Recommends Approval) Betsy Kunde, 1115 Jefferson Street, questioned the number of occupants that could be in the Transitional Residential Housing and a possible buffer zone. She asked for individuals to be placed appropriate to their circumstances. She mentioned the Plan Commission had questions that should be addressed prior to Council approval. Jamie O’Brien, 1120 Jefferson Street, stated she recommended a buffer zone between schools and parks. She stated her opposition to the proposed ordinance. Ordinance 21-103 Create Ordinance to Require Face Coverings in Response to COVID- 19 Coronavirus Emergency PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 2 Mayor Palmeri read the names of the following individuals that emailed Council regarding Ordinance 21-103. Supported: Andrew Leavitt, 800 Algoma Boulevard Jean Kwaterski, no address provided Patricia Dwyer-Hallquist, 2030 Hazel Street Gretchen Schilder, no address provided Opposed: Greg Harness, 4781 W. Breezewood Lane Sarah Simon, no address provided CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of the Common Council Minutes from February 9, 2021. Receipt & Filing of Oshkosh Library Board Minutes from December 17, 2020 Receipt of Claim filed with the City’s Insurance Company: A) Ronda Hitz for alleged damage to her mailbox from a City snow plow B) Thomas & Sue Werblow for alleged damages from a sewer backup Resolution 21-88 Award Bid for Public Works Contract No. 21-03 to Advance Construction, Inc. for Oregon Street & Fond du Lac Road Sanitary Interceptor Sewer Construction ($7,646,222.99) Resolution 21-89 Award Bid to Core & Main and ETNA Supply for 2021 Water Materials & Brass Goods for Water Utility Division ($65,079.00 estimated) Resolution 21-90 Award Bid to KONE, Inc. for Three-Year Elevator Maintenance for General Services Division & Public Museum ($48,315.00) Resolution 21-91 Rescind or Refund Real Estate & Personal Property Taxes: Redevelopment Authority City of Oshkosh ($843.30) Redevelopment Authority City of Oshkosh ($2,685.19) A+ Automotive Tire & Brake ($2.59) Bahr’s Kettle Korner ($431.26) PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 3 Belville & Brown LLP ($36.37) Diedrich Agency ($236.41) Ring City Enterprises ($38.96) The Nickel ($96.12) Uncle Don’s Tavern ($119.51) Resolution 21-92 Approve Special Event – Wisconsin Team Bass Trail to utilize Rainbow Memorial Park for the Wisconsin Bass Team Trail Championship / September 25-26, 2021 Resolution 21-93 Approve Special Event – Winnebago Audubon Society / Oshkosh Bird Fest Committee to utilize Menominee Park for the Oshkosh Bird Fest / May 1, 2021 Resolution 21-94 Approve Special Event – Oshkosh Police Department to utilize Menominee Park & City streets for the OPD Law Enforcement Mental Health & Wellness 5K / October 2, 2021 Resolution 21-95 Approve Intergovernmental Cooperation Agreement Between the City of Oshkosh & The Oshkosh Area School District for Operation of Pollock Community Water Park (2021) (Advisory Park Board Recommends Approval Mayor Palmeri requested an overview. Ray Maurer, Director of Parks, explained the agreement had been with the recreation department and the school district since the Pollock Community Water Park had been constructed in 2006. He stated the agreement included use of the Oshkosh West parking lot except when there were events at the auditorium. He stated lifeguard staffing was provided through the recreation department and the City covered the cost associated with employees. He explained due to COVID the agreement was for one year. Mayor Palmeri questioned when the pool was expected to open. Mr. Maurer stated the targeted date was June 12. Council Member Mugerauer asked about training facilities and if the staff certifications would be obtained within the timeframe. Mr. Maurer stated that the recreation department was confident that the new staff members would be trained. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 4 Resolution 21-96 Disallowance of Claim by Apex Attorneys on behalf of Sandra Stratz Resolution 21-97 Disallowance of Claim by Adam Penzenstadler Resolution 21-98 Approve Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Ford; second, Mugerauer) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-99 Amend Ordinances Pertaining to Noise Restrictions MOTION: ADOPT (Poeschl; second, Erickson) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson Mayor Palmeri Mayor Palmeri stated she received an email requesting Council to consider a change to the exemption and timeframe for commercial snow removal operations with multiple snow blowers. She asked for clarification about snow being removed within a specific timeframe. James Rabe, Director of Public Works, confirmed snow had to be removed from the sidewalks within 24 hours of the end of the snowfall. Council Member Mugerauer stated he also spoke with the citizen regarding snow removal and the need to allow commercial and private snow plowing at the same time to provide equity. Ordinance 21-100 Amend Various Sections of Chapter 30 Zoning Ordinance to add Transitional Residential Housing (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Allen Davis, Director of Community Development, explained the Plan Commission discussed the amendments to ordinance and maps were provided to show where the districts were located on the north, west and south side of the City. Mayor Palmeri asked for clarification on the Commercial Mixed Use (CMU) a large zoning section and the number of occupants per unit. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 5 Mr. Davis explained the number of residents was based on the building code. Mark Lyons, Planning Services Manager, presented the maps of the zoning districts and explained these would only be a conditional use permit and would be reviewed by the Plan Commission and Council for approval. He explained the City could not regulate individual parcels within a common zoning district that was why the City would use the conditional use permit. He stated there were 1,865 lots within the City that met the zoning district requirements and where the conditional use permit would be available. Council Member Mugerauer asked about the conditional use process specifically in areas around Rainbow Park and Lakeshore Park where children congregated and how likely would the Council deny the permit. Mr. Lyons stated when a property was segregated out, the City had to use empirical data under the state statue. He explained there must be a reasonable request for the City to deny housing and after staff reviewed there was no data that showed that the transitional housing should not be used at the proposed locations. He explained the data and study did not show there were issues with the selected plans. He explained the number of occupants was determined by the building code which stated 8 occupants. Mayor Palmeri asked for clarification on the proposed ordinance when there would be less than 8 individuals. Mr. Lyons explained more than 8 individuals would be considered institutional residential land use which was already in the zoning ordinance. He stated the zoning that the City was proposing was Commercial Mixed Use (CUM), Neighborhood Mixed Use (NMU) and the institution and these were where the City proposed the conditional permit use. Mayor Palmeri asked Mr. Lyons to read the definition of transitional residential housing. Mr. Lyons read the definition of transitional residential housing as stated in the ordinance, a premises other than community living arrangement or community based residential facility providing housing and appropriate supportive services for the temporary placement of persons on parole, extended supervision, or probation in a controlled environment, including supervision or monitoring to help participants transition to self- sufficient living arrangements. The housing was short-term, typically less than 24 months. A Transitional Residential Housing premises with more than 8 persons shall be considered and subject to the requirements of an Institutional Residential Use as defined under this Code. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 6 Mayor Palmeri asked if citizens were able to ask for detailed management of the supportive services or if that was a privacy issue. Mr. Lyons stated the zoning allowed the City to have reasonable conditions on the property that were related to land use and not operations. Council Member Ford stated the term Transitional Residential Housing was discussed during the Plan Commission meeting and the term had been used by the Housing and Urban Development (HUD) and the Department of Corrections. Ordinance 21-101 Designate the Intersection of Nevada Avenue & Grove Street as a Two Way Stop FIRST READING: LAID OVER UNDER THE RULES Jim Collins, Director of Transportation, explained that intersection had a crash history and with the proposed stop sign the intent was to reduce accidents. Ordinance 21-102 Create Ordinance to Regulate Ambulance & Medical Transport Services FIRST READING: LAID OVER UNDER THE RULES Attorney Lorenson stated the ordinance would designate the Oshkosh Fire Department as the emergency responder for medical services. She stated the fire department had the ability to respond timely along with the necessary skills and equipment. She explained the ordinance would create a list or registration with contact information for non-emergency response operators within the community if mutual aid would be needed. Mike Stanley, Fire Chief, stated the community would continue to receive the highest level of emergency medical services available. He explained the non-emergency medical transport was discontinued and the ordinance would ensure the same level of care from operators by providing licensing requirements. Mayor Palmeri asked what happened if a non-emergency ambulance would be dispatched to an emergency scene. Chief stated the service provider would then notify dispatch that the scene had escalated and appropriate care would be provided. Ordinance 21-103 Create Ordinance to Require Face Coverings in Response to COVID- 19 Coronavirus Emergency PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 7 MOTION: LAYOVER (Mugerauer; second, Allison-Aasby) LOST: Ayes (2) Mugerauer, Allison-Aasby Noes (5) Erickson, Poeschl, Ford, Krause, Mayor Palmeri FIRST READING: LAID OVER UNDER THE RULES Council Member Mugerauer stated the motion was to layover the first reading of the ordinance until the next regularly scheduled meeting on March 9, 2021. Council Member Poeschl asked for clarification of moving the first reading. Council Member Mugerauer stated the Council would move the first reading to the March 9th Meeting. Council Member Allison-Aasby explained she would support the layover and had received feedback from citizens regarding the scheduling of this topic on the same date and time of the County meeting. Council Member Krause stated he was not opposed or in support of the request to layover. Mayor Palmeri stated the proposed ordinance would only go into effect in the absence of a county or state mandate. Council Member Ford questioned if the agenda item was intentional to coincide with the county meeting. Mr. Rohloff stated he did not intentionally add the topic to the agenda to coincide with county and explained the county generally met on odd number weeks of the month. Mayor Palmeri stated the library and transit system currently mandated citizens to wear masks while on property or riding the buses. Council Member Ford summarized the responses he received from citizens were that most opposed the mask ordinance and the ambiguity of the timeframe. He stated there were exemptions stated in the ordinance for example: masks were not mandated in a private residence, or individuals with medical conditions or breathing issues. Council Member Allison-Aasby stated there seemed to be confusion with the metrics from the Health Department. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 8 Council Member Mugerauer disagreed with the ordinance tied to the city/state of emergency. He suggested the ordinance should have an end date and Council should discuss every 60-90 days. Mr. Rohloff stated the City Attorney would be looking for direction and the document would be amended to reflect a date or until termination of the state of emergency. Ms. Lorenson explained Council would provide the date to include in the ordinance. Mayor Palmeri stated the language could state the ordinance could remain in effect until such time it would be reviewed by Council. Ms. Lorenson clarified the ordinance currently had that language. Council Member Ford asked if Council would consider the 60-90 day timeframe. Mayor Palmeri asked if there would be a higher vaccination rate at the 60-90 day review timeframe. Mike Stanley, Fire Chief, stated the City would receive more vaccines and there was a large number of individuals that needed to be vaccinated. He expressed 90 days would be best. Council Member Erickson stated she would support 60-90 day timeframe and be more comfortable with 90. Council Member Krause stated he would support the 60 day timeframe. Mr. Rohloff asked the Council to consider the timeframe and be prepared for the next meeting where there would be a formal motion. Resolution 21-104 Approve Purchase of Four Refuse Trucks from McNeilus Truck & Manufacturing, Inc., a Division of Oshkosh Corporation, for the Sanitation Division of the Department of Public Works ($1,022,080.00) MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (6) Poeschl, Ford, Allison-Aasby, Mugerauer, Erickson Mayor Palmeri Present (1) Krause Council Member Mugerauer stated he appreciated the partnership with Oshkosh Corporation and with the process. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 9 Resolution 21-105 Approve Conditional Use Permit for a Temporary Use Permit Extension at 2728 Oregon Street (Plan Commission Recommends Approval) MOTION: ADOPT (Poeschl; second, Erickson) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson Mayor Palmeri Resolution 21-106 Approve the Revised Investment Policy MOTION: ADOPT (Ford; second, Mugerauer) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson Mayor Palmeri Council Member Ford stated the policy put the City on a good path along with the investment strategy for the future. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Council Member Mugerauer questioned why the Council was not meeting in person. Mr. Rohloff stated the City had made progress with the vaccines and the numbers in the last couple of weeks and wanted to maintain that progress with continued virtual meetings. He stated the concern with in-person meetings were the proximity of citizens to staff. He explained the decision was made to conduct meetings virtually through April due to the numbers at the time and to ensure enough time for vaccines to be distributed. He stated he welcomed Council Members input. Mike Stanley, Fire Chief, stated the community had done well, the priority was our citizens and minimizing the risk would be the best way to protect everyone. He stated during prior in-person meetings some individuals did not comply with the mask ordinance and social distancing. He expressed these decisions were not taken lightly and were frequently revisited. Council Member Ford stated the City had come so far as a community. He expressed his desire to meet in person as well in the future. Mayor Palmeri agreed she would like to have in person meetings but understood the timeline. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 10 Mayor Palmeri asked if Council Members had discussion topics for the meeting with the legislators. Mr. Rohloff stated the deadline would be March 3, 2021 and Council should prioritize the list. Mayor Palmeri stated Council Members had the ability to contact legislatures on their own if items did not get addressed at the meeting. Mayor Palmeri stated citizens had contacted her regarding the social distancing requirements at Battle on Bago. She explained she spoke with President of the event and while there were thousands of participants, they were spread throughout the lake and the event tent was below the 25% capacity. Ray Maurer, Director of Parks, stated the event complied with all the guidelines and suggestions when it was approved by Council. He explained Battle on Bago provided additional weigh in stations in other communities to social distance. He stated the representative from the health department inspected the locations and everything was in compliance except for a Pizza Vendor that did not have the proper licensing. He explained that the capacity in the tent was around 1,000 to 1,500 which was reported via police on scene. Council Member Mugerauer stated Battle on Bago was in compliance and their staff was available to speak with staff to see how to do the event better in the future. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Mayor Palmeri reported on the following: Diversity, Equity and Inclusion Committee  FEI Action Planning  Mission Statement  Presentation from the Community Health Strategist CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated informed the Council of the following: the Cooperative Purchase of Turnout Gear for Fire Department ($38,050.00); and the Amendment to Professional Service Agreement for West 9th Avenue Reconstruction Storm Water Services / Brown & Caldwell ($8,727.00). PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 23, 2021 11 Mr. Rohloff stated the fire department was one of the few in the county that received an Insurance Services Office (ISO) rating of 1 which was the highest rating for a fire department. He thanked the public works and water distribution staff with the water availability and reliability that was a factor in the positive rating. He explained the rating placed Oshkosh in the ninety-nine percentile of all the fire departments in the country. He stated the rating demonstrated the commitment to training. Council Member Mugerauer asked if there was any benefit for the residents. Mr. Rohloff stated this directly benefited homeowners and renters in regards to insurance by lower insurance rates. Mr. Rohloff stated the Council photo was scheduled for March 4, 2021 and times would be distributed. Mayor Palmeri asked what department had the crisis intervention donations. Mr. Rohloff stated that the crisis intervention donations was to the Police Department. MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Poeschl, Ford, Allison-Aasby, Krause, Mugerauer, Erickson Mayor Palmeri The meeting adjourned at 7:42 p.m. PAMELA R. UBRIG CITY CLERK