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HomeMy WebLinkAbout05. Council Meeting MinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 27, 2021 REGULAR MEETING held Tuesday, April 27, 2021 at 6:00 p.m. virtually. Mayor Palmeri presided. PRESENT: Council Members Lynnsey Erickson, Michael Ford, Matt Mugerauer, Bill Miller, Aaron Wojciechowski and Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Dave Praska, Deputy City Attorney Council Member Erickson read the Invocation. The Pledge of Allegiance was led by Council Member Erickson. Council Member Courtney Hansen arrived at 6:16 p.m. CITIZENS STATEMENTS There were no citizen statements. PROCLAMATION Mayor Palmeri proclaimed May 5, 2021 as Day of Awareness for Missing and Murdered Indigenous Women and Girls; she indicated the bridge lights would be illuminated in red in their honor on that day. Rick Kitchen accepted the proclamation on behalf of the missing women and girls. PRESENTATIONS Greater Oshkosh Healthy Neighborhoods Incorporated Pamela Ruder, Executive Director, Greater Oshkosh Healthy Neighborhoods Incorporated, described the impact the organization had on the community in 2020. Mayor Palmeri asked if there were openings for the block party trailer. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 2 Ms. Ruder stated the organization would take reservations on May 15, 2021. Mayor Palmeri asked about volunteering for Rock the Block. Ms. Ruder explained that several businesses had provided volunteers for the upcoming June event in the River East Neighborhood. She stated there were spots available for volunteering and individuals interested could sign up at volunteeroshkosh.org. Greater Oshkosh Economic Development Corporation 2020 Annual Review Trisha Rathermel, Director of Economic Development for GO-EDC, shared an overview of the initiatives and reviewed the 2020 annual report. Council Member Wojciechowski asked what had been done to attract and retain young adults within the workforce. Ms. Rathermel stated the Capitalist Catalyst Program focused on young entrepreneurs and targeted graduating students of University of Wisconsin Oshkosh. She explained the topic was something the organization would continue to work on. Deputy Mayor Mugerauer applauded the work of the GO-EDC during COVID-19. PUBLIC COMMENT ON AGENDA ITEMS Presentation Greater Oshkosh Economic Development Corporation 2020 Annual Review Bill Wyman, expressed his support of the collaboration between the City and GO-EDC. Ordinance 21-221 Create Ordinance to Require Face Coverings in Response to Covid-19 Coronavirus Emergency (Proposed Extension of Existing Ordinance to May 31, 2021) (Staff Recommends to Waive The Rules & Adopt On First Reading) Mayor Palmeri read the following emails into the record: The following citizens expressed their opposition: Troy Monday, 1774 Taft Avenue, Apt. B16 Arthur Barry Hess, 105 Wyldewood Drive, Unit 201. Dale and Karen Staege, 2344 Wisconsin Street Barbara and Cordell Ernst, 1220 Welsh Haven Drive Christine Whitty, 226 W 12th Avenue PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 3 The following citizen expressed their support: Rebecca Srubas, 1422 Wisconsin Street Danny Johnson, 613A Waugoo Avenue, stated his support of the mask ordinance. Stephen Marrano, 318 W. New York Avenue, expressed his opposition to the mask ordinance. He asked the City to put clear instructions on how to participate in the Council meetings and questioned the metrics for returning to regular Council Meetings. Resolution 21-226 Approve Conditional Use Permit for Commercial Outdoor Entertainment Use at 2126 Algoma Boulevard (Plan Commission Recommends Denial) Scott Hutchinson, 2021 Wilson Avenue, expressed his opposition to allowing the Northside Bar and Grill to have outdoor entertainment. He stated due to trash, loud music and patrons walking through his yard, he did not want to see the resolution approved. Sherrie Dewhurst, 2002 Algoma Boulevard, owner of Northside Bar and Grill, stated the business was putting fencing around the property and expressed her willingness to make necessary improvements to the venue for surrounding neighbors and the community. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of the Common Council Minutes from April 13 & 20, 2021. Resolution 21-199 Approve 2021 Operating Budget Amendment for Community Development Block Grant Round 1 & Round 3 CARES Act Funds ($787,421.00) Resolution 21-200 Approve 2021 Operating Budget Amendment to Create Account for Wisconsin Department of Administration CDBG-CV2 CARES Act Funds ($210,269.89) Resolution 21-201 Approve CIP Budget Amendment & Change Order No. 2 (Final) for Public Works Contract No. 20-04 Snell Road (Jackson Street to Moser Street) Reconstruction & North Main Street Storm Sewer Construction / PTS Contractors, Inc. (+$58,644.54) PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 4 Resolution 21-202 Approve CIP Budget Amendment & Award Bid for Public Works Contract No. 21-07 to Carl Bowers & Sons Construction Co., Inc. for Knapp Street Area Water Main Replacements ($1,926,712.00) Resolution 21-203 Award Bid for Public Works Contract No. 21-20 to Advance Construction, Inc. for Storm Sewer Laterals / Various Locations ($519,367.90) Resolution 21-204 Approve Professional Services Agreement with Jacobs Engineering Group, Inc. for Final Phosphorus Compliance Alternatives Plan ($202,710.00) Resolution 21-205 Approve Cancellation of Outstanding Checks Resolution 21-206 Approve Fund Balance Carryovers Resolution 21-207 Authorize Submittal of Department of Natural Resources Stewardship Grant for Lakeshore Park Development Resolution 21-208 Approve Special Event – Life Promotions to hold Lifest at the Sunnyview Exposition Center & to utilize Winnebago County Community Park for Lifest parking and 5K / July 8 – 11, 2021 Resolution 21-209 Approve Special Event – Downtown Business Improvement District (BID) to utilize Opera House Square for the Star Wars Celebration / May 8, 2021 Resolution 21-210 Approve Special Event – UW Oshkosh to hold their Microwave & Fridge Sale in Parking Lot P of the University / August 6 – 13, 2021 Resolution 21-211 Approve Special Event – UW Oshkosh to utilize City streets for their Move In Days / September 1 – 5, 2021 Resolution 21-212 Approve Amended Special Event – Oshkosh Cultural Fine Arts & Jazz Society to utilize William Steiger Park (boat works site) & Riverwalk for the Oshkosh Jazz Festival / August 21 & 22, 2021 Resolution 21-213 Approve Amended Special Event – Ardy & Ed’s Drive In to utilize Doty Street for the Ardy & Ed’s Cruise Nights / May 27, June 24, July 22, & August 26, 2021 PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 5 Resolution 21-214 Disallowance of Claim by Randy Hooey Resolution 21-215 Remove Rental Housing Advisory Board Member Resolution 21-216 Approve Class “B” Fermented Malt License & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Erickson; second, Mugerauer) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-217 Prohibit Parking on West Side of Cumberland Trail from 9th Avenue to Greenfield Trail from November 1st to April 30th MOTION: ADOPT (Ford; second, Mugerauer) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski, Mayor Palmeri Jim Collins, Director of Transportation, stated there were rental units with high demands for street parking and the City had issues with plowing, street maintenance and bussing. Deputy Mayor Mugerauer asked if there were other areas within the City that had the same dates for consistency. Mr. Collins explained the City tried to keep the dates consistent. Deputy Mayor Mugerauer suggested considering the same timeframe for all areas. Council Member Hansen agreed all areas in the city should have the same schedule. Ordinance 21-218 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Properties Located at the Southwest Corner of West South Park Avenue & West 20th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski, Mayor Palmeri PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 6 Ordinance 21-219 Create & Amend Ordinances for Electric Scooters & Electric Personal Assistive Mobility Devices, Amend General Bicycle Ordinance, Amend Bike Lanes Ordinance & Amend Parks Ordinance FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked for a summary. Amy Vanden Hogan, Assistant City Attorney, stated in 2019 the state had passed a law to legalize the use of electric scooters on roadways, sidewalks and bicycle lanes. She explained under the statutes, municipalities were allowed to regulate the use of electric scooters and it would be the same as bicycles with the exception that the City could prohibit or restrict operations on roads in excess of 25 mph, sidewalks, in bicycle ways or the short-term rental of electric scooters. She explained City staff met with Bicycle & Pedestrian Advisory Committee and Traffic & Parking Advisory Board; where both recommended the restriction of electric scooters on roads in excess of 25 mph and use on sidewalks. She stated there was a disagreement between the board and committee regarding the short term rental, and staff looked into a pilot programs of other municipalities. She explained City Manager directed staff to draft an ordinance that would allow short-term rental with a docked system, and a pilot program. She stated the statutes that govern Segway’s also govern electric scooters. Mayor Palmeri questioned if the electric mobility device included an electric wheelchair. Ms. Vanden Hogan confirmed that electric wheelchairs were not included. Council Member Miller asked if the ordinance would include electric assisted bicycles. Ms. Vanden Hogan stated the electric assisted bicycle regulations only applied to dock less rental systems. Council Member Hansen asked if there were safety concerns and if research was done. Ms. Vanden Hogan stated that would be handled with the pilot program. Mayor Palmeri asked if there would be visibility flags for the safety of the riders. Ms. Vanden Hogan stated the City could regulate the visibility for riders. Mayor Palmeri questioned if helmets would be required. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 7 Ms. Vanden Hogan explained that some pilot programs did require helmets. Council Member Hansen asked if there would be lights or reflective gear added for visibility. Ms. Vanden Hogan explained there were municipalities that restricted hours of operation. Mr. Rohloff stated the pilot program would address the issues that had been brought forward. Ordinance 21-220 Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) for Property Located at 1903 Harrison Street (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Mark Lyons, Planning Services Manager, stated the property owner approached staff to create an outdoor seating area for dining. He explained per the code there was a 50 foot required set back from residential properties and the property owner had requested a plan development overlay to seek relief from the 50 foot requirement. Mayor Palmeri asked about the discussion on the two issues at the Plan Commission (Ordinance 21-220 and Resolution 21-226). Council Member Ford explained the difference between the two items were the live music and objections of the neighbors. Ordinance 21-221 Create Ordinance to Require Face Coverings in Response to Covid-19 Coronavirus Emergency (Proposed Extension of Existing Ordinance to May 31, 2021) (Staff Recommends to Waive The Rules & Adopt On First Reading) MOTION: SUSPEND RULES (Ford; second, Wojciechowski) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski and Mayor Palmeri MOTION: ADOPT (Erickson; second, Wojciechowski) MOTION: AMEND TO ADD ‘OR UNTIL 50% OF WINNEBAGO COUNTY RESIDENTS HAVE COMPLETED THE VACCINE SERIES AS PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 8 REPORTED BY WINNEBAGO COUNTY HEALTH DEPARTMENT’ (Ford; second, Wojciechowski) CARRIED: Ayes (5) Erickson, Ford, Hansen, Wojciechowski, Mayor Palmeri; Noes (2) Miller, Mugerauer VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (5) Erickson, Ford, Hansen, Wojciechowski, Mayor Palmeri; Noes (2) Miller, Mugerauer Council Member Ford proposed an amendment that the local mask mandate would be automatically lifted when Winnebago County Health Department indicated that 50% of Winnebago County residents had become fully vaccinated. Mayor Palmeri clarified the 50% vaccination rate would be for Winnebago County. Council Member Ford replied correct. Council Member Wojciechowski asked for clarification if the 50% would include the first vaccine or fully vaccinated. Council Member Ford stated his recommendation of 50% was to show the public there was an end date and encouraged individuals to become fully vaccinated. Mayor Palmeri asked the Winnebago County Health Department Director his opinion regarding the amendment. Doug Gieryn, Director Winnebago County Health, stated vaccination was the primary goal and explained it would take time to get to the 50%. He stated there would be additional metrics added to the County’s website to give a breakdown of information. Council Member Hansen asked if there would need to be yearly vaccines. Mr. Gieryn stated he did not know at this time if a booster would be needed. Council Member Wojciechowski asked if the metric was low and if there was a concern about the metric. Mr. Gieryn stated the goal was to reach herd immunity either through infection or vaccinations. He explained the City of Oshkosh was the only community within Winnebago County with a mask mandate in place and the goal of 50% vaccination would take time to obtain. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 9 Council Member Miller questioned if 60% of the county was not under a mask mandate. Mr. Gieryn stated that was correct. Council Member Miller stated the decline in numbers included the 60% of the County without a mask mandate. Mr. Gieryn explained many residents still masked just not under a mandate. Council Member Miller asked if under a 3% positive case rate was a good metric. Mr. Gieryn stated that was correct and as a community the City had done better than before however the burden level was still high so lowering that number would be best before masks were no longer necessary. Council Member Miller stated the community was currently at the 2% positive case rate and asked if there were other communities with a mask mandate and their own health department. Mr. Gieryn stated Menasha had their own Health Department and did not have a mask mandate. Council Member Miller asked if individuals had to wait to get vaccines. Mr. Gieryn stated individuals went from an appointment to a walk-in base to allow for flexibility. Council Member Miller stated another 25,000 individuals would have to get vaccinated to meet the 50% criteria. Deputy Attorney Praska asked for clarification on the wording of the amendment. Council Member Ford stated the amendment was meant to be inclusive and a third option to end the ordinance. Mr. Rohloff stated Council would discuss the mask ordinance extension at the May 25, 2021 meeting. Council Member Hansen asked when the 50% vaccination rate was expected to occur. Council Member Ford stated the intent was to incentivize vaccination while providing a metrics based path of how to end the mask mandate. He explained the 50% number would PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 10 get the community closer to the herd immunity and as eligible groups expand they would have a chance to receive their vaccines. Mayor Palmeri asked if the goal to have 25,000 individuals receive the vaccine was achievable from the Health Departments perspective. Mr. Gieryn stated the eligible 12-16 year old would begin in May which would allow more individuals to become vaccinated. He explained if the demand to receive the vaccine increased the County could expand capacity. Deputy Mayor Mugerauer asked how many vaccinations were distributed in the last 7 days. Mr. Gieryn stated several thousand had been distributed and a large part of those vaccinations occurred by health care providers. Deputy Mayor Mugerauer asked if public health expected the drop in numbers. Mr. Gieyrn explained the health department did expect the drop off to happen, although it happened sooner than expected. Deputy Mayor Mugerauer stated he did not support the amendment. Mayor Palmeri stated if 800 vaccinations per day would be administered then by the end of May you would have 24,800 towards the 25,000 to reach the 50% fully vaccinated rate. Council Member Wojciechowski suggested the amendment to include the 3% positive rate. Council Member Ford explained the goal was to end the mask ordinance. He stated in the last year through COVID-19, Council made decisions in the best interest of the community and citizens of Oshkosh. Mayor Palmeri mentioned there had been many business owners who supported the ordinance and she stated her support. Council Member Wojciechowski stated everyone wanted to get through COVID-19; support business owners and individuals to create a safe community. He encouraged citizens to get vaccinated and stated his support for the ordinance. Council Member Erickson stated her support of the ordinance. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 11 Deputy Mayor Mugerauer stated the state mandate ended about a month ago and the numbers within the surrounding counties that did not have a mask mandate achieved the public health goal without the mandate in place. Council took a break from 8:00 p.m. to 8:12 p.m. Mayor Palmeri asked Clerk Ubrig for a roll call. PRESENT: Council Members Lynnsey Erickson, Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski and Mayor Palmeri Resolution 21-222 Approve Initial Resolution authorizing not exceeding $8,765,000 General Obligation Bonds of the City of Oshkosh, Winnebago County, Wisconsin, for the public purposes of (i) street improvements and (ii) parks and public grounds MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski and Mayor Palmeri Resolution 21-223 Approve Resolution directing the advertisement and sale of not to exceed $8,765,000 aggregate principal amount of General Obligation Corporate Purpose Bonds, $5,550,000 aggregate principal amount of General Obligation Promissory Notes, $7,635,000 aggregate principal amount of Storm Water Utility Revenue Bonds, $5,970,000 aggregate principal amount of Water System Revenue Bonds and $14,815,000 aggregate principal amount of Sewer System Revenue Bonds, of the City of Oshkosh, Winnebago County, Wisconsin. MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski and Mayor Palmeri Resolution 21-224 Approve General Development Plan for a Commercial Development at the Southwest Corner of West South Park Avenue & West 20th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski and Mayor Palmeri PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 12 Mayor Palmeri requested a summary of the resolution. Mark Lyons, Planning Services Manager, explained this was the former location of Packers Pub to be redeveloped. He stated the developers would remove the existing buildings and redevelop the area. He explained two buildings were indicated on the concept level plan; one would possibly be an auto parts store and the other would be a medical related use. He stated the developers would come back for the implementation approval once they had final tenants and design information. Resolution 21-225 Approve Development Agreement with Cabrini School Lofts, LLC for Redevelopment of Cabrini School MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski and Mayor Palmeri Deputy Mayor Mugerauer stated this would be an investment for low income senior housing on the east side of town. Council Member Hansen stated her appreciation to the developer. Mayor Palmeri asked how many units would be included. Kelly Nieforth, Economic Development Services Manager, stated there would be 35 units. Resolution 21-226 Approve Conditional Use Permit for Commercial Outdoor Entertainment Use at 2126 Algoma Boulevard (Plan Commission Recommends Denial) MOTION: ADOPT (Ford; second, Mugerauer) MOTION: AMEND TO ADD TO CURRENT CONDITION #4 – “EVENTS ARE REQUIRED TO END BY 10:00 P.M.” AND ADD CONDITION #7 CONDITIONAL USE PERMIT SHALL ONLY BE VALID FOR 1 YEAR AND EXPIRES APRIL 30, 2022 (Wojciechowski; second, Miller) CARRIED: Ayes (5) Erickson, Ford, Mugerauer, Miller, Wojciechowski; Noes (2) Hansen, Mayor Palmeri VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (5) Erickson, Ford, Mugerauer, Miller, Wojciechowski; Noes (2) Hansen, Mayor Palmeri PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 13 Council Member Hansen asked for clarification on the businesses current permit. Mayor Palmeri stated the conditional use permit was based on the request to have more than three events per year. Mark Lyons, Planning Services Manager, stated a property owner can obtain a temporary use permit for up to three events per year. He stated the applicant previously had a temporary use permit and would like to host more than three times per year which would be the conditional use permit. Council Member Miller expressed the neighbors concern of the event ending at 11:00 p.m. Mr. Lyons stated the timeframe aligned with the noise ordinance. Council Member Miller asked if Council changed the time of the event would that be an individual plan. Mr. Lyons explained making the change to the timeframe would add an additional condition to the Conditional Use Permit (CUP), and per the State Statutes the conditions must be reasonable, objectible and quantifiable. Council Member Miller stated the concerns of the neighbors were the music, their young children and he suggested for all parties to compromise with the end time of the event at 10:00 p.m. and indicated the business owner agreed to clean up the trash. Mr. Lyons stated those amendments would be considered reasonable conditions. Council Member Hansen asked if the business could receive a temporary use permit this year and once improvements were made the business could reapply next year. Council Member Ford asked if the temporary use permit requirement would make the event end at sundown. Mr. Lyons stated the temporary use permit were only permitted until dusk. Council Member Ford stated at the Plan Commission meeting the commission had a split vote. He cited the State Statutes for a conditional use permit would not result in substitutional or undue adverse impact on nearby property and he indicated there were residents who spoke about the adverse impact they had with past events. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 14 Council Member Wojciechowski asked if the business was denied the CUP, would they still have the temporary use permit or the opportunity to apply for that permit. Mr. Lyons stated the business would have the opportunity to apply for the temporary use permit. Council Member Wojciechowski asked if the business had applied for four events instead of three. Mr. Lyons explained at the Plan Commission Meeting the business indicated four events a year. Council Member Miller requested the conditional use permit be for one year and the event time would end at 10:00 p.m. Council Member Ford clarified the motion needed to include the weekday and weekend timeframe. Mr. Lyons confirmed that the noise ordinance stated the end time was 10:00 p.m. on weekdays and 11:00 p.m. on weekends and the conditional use permit would be granted perpetually every year unless Council added a sunset clause or condition. Mayor Palmeri asked for clarification on the timeframe. Council Member Miller stated 10:00 p.m. for weekdays and weekends. Council Member Wojciechowski stated he agreed. Mayor Palmeri suggested outdoor acoustic panels to the fencing to mitigate the noise. Council Member Hansen asked if the fence being installed would be an eight foot privacy fence and was it be possible to add trees to mitigate the sound. She suggested a temporary use permit for this year while the business made improvements and next year apply for the conditional use permit. Deputy Mayor Mugerauer asked if there were any similar establishments that had a conditional use permit in the City. Mr. Lyons stated there were various businesses throughout the City that provided commercial outdoor entertainment and in 2018 the downtown area businesses were modified to include the conditional use permit. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 15 Deputy Mayor Mugerauer asked if the similar establishments had conditions like the suggested amendment. Mr. Lyons stated he did not believe so. Deputy Mayor Mugerauer expressed the need to work with both parties and be consistent. Council Member Wojciechowski stated he agreed with consistency and asked if Council Member Hansen intent was to table the topic. Council Member Hansen stated she would like to vote to keep it temporary for this year and then if the business had increased efforts they could apply for a conditional use permit. Council Member Ford stated the amendment would state four events ending at 10:00 pm and add the sunset clause. Mayor Palmeri asked how the property was zoned. Mr. Lyons confirmed the business was zoned neighborhood mixed use which required the conditional use permit. Council Member Wojciechowski stated he would like to add the limit of four events with the sunset clause of a year. Mr. Lyons stated per the Plan Commission the six events were reduced to four events. Council Member Ford asked if a sunset clause needed to be included in the amendment. Mr. Lyons stated the sunset clause would need to be added. Mayor Palmeri stated the residents did not specify additional concessions. Mr. Hutchinson stated he would not be interested in concessions. Mr. Rohloff clarified the voting process with the conditions. Council Member Erickson stated the difficulty to vote for either side. Council Member Miller thanked the owners of the establishment for their flexibility to work with the Council and the community. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 16 Council Member Wojciechowski reminded the community the conditions would be reviewed in a year. Resolution 21-227 Approve Common Council Annual Appointments to Boards & Commissions MOTION: ADOPT (Ford; second, Wojciechowski) CARRIED: Ayes (6) Erickson, Ford, Mugerauer, Hansen, Wojciechowski and Mayor Palmeri; Noes (1) Miller Council Member Wojciechowski asked about the remaining committees that had vacancies. Mayor Palmeri stated the external committees or boards require an invite and she explained the other vacancy would be left open. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff asked Council if they preferred to have a Clearwell Project Workshop before the meeting or a special presentation at the Council Meeting. Deputy Mayor Mugerauer stated he supported the workshop ahead of the meeting. Mayor Palmeri asked to have the workshop materials ahead of the meeting to review. James Rabe, Director of Public Works, stated he would provide material in advance of the meeting. Mr. Rohloff stated invitations were sent to the Council, Plan Commission, Advisory Parks Board, Redevelopment Authority and the Sustainability Advisory Board for the Subdivision Code Update meeting which would be virtual in June. Mayor Palmeri asked if the housing study would be completed in May for the upcoming Subdivision Code Update meeting. Allen Davis, Community Development Director, stated the housing study would not be completed by May and could be done in June or early July. He explained the workshop did not include setting a policy or ordinance. He stated the participants would be able to review the housing needs with the subdivision code and make suggestions as well as PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 17 changes before the new subdivision code was adopted. Mr. Rohloff asked if insight would be provided if there were questions. Mr. Davis stated yes. Mayor Palmeri asked about the scope of the study. Mr. Davis explained the scope included criteria used for subdivision, standards for developments, and who pays for what and when. Mayor Palmeri stated everyone would be involved to have a thorough discussion. Mr. Rohloff stated the meeting would allow for conversations between parties. Mayor Palmeri questioned if the subdivision code update would be completed before the affordable housing study. Mr. Rohloff stated correct. Mr. Davis stated the meeting would be scheduled for 90 minutes. Mr. Rohloff stated engineering staff would have a special assessment meetings with property owners on May 10, 2021 at the Convention Center. He explained that May 20th would be the tentative date for the meeting with Council and the Oshkosh Area School District Board. Mayor Palmeri suggested a possible topic regarding a joint resolution on Anti-Asian hate. Mr. Rohloff indicated other topics were an update on the Merrill School and school busing, he stated there would be a list of topics at the next meeting. Mr. Rohloff explained out of the five inactive liquor license establishments, only four filed their renewals and the Brass Rail did not file their renewal paperwork. He stated in addition the City had two regular licenses, two licenses were turned in, two licenses that were exclusive for the Sawdust District and a reserve license. He recommended non- renewal of these licenses and the process would create a pool of licenses for businesses who would like to apply in the future. Council agreed to start the non-renewal process. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 18 Mayor Palmeri stated the City gained the two additional licenses when the City created the Premier District in the Sawdust District. Mr. Rohloff informed Council of the joint meeting with the Redevelopment Authority (RDA). Allen Davis, Community Development Director, stated the RDA meeting would be held on May 19, 2021 to review five proposals for 43 East 7th Avenue. Mayor Palmeri asked about a scoring sheet for the meeting. Mr. Davis stated City staff had created a document. Mr. Rohloff stated the matrix would assist in comparing the proposals. Mayor Palmeri asked if the meeting included the drawings and maps for reference. Mr. Davis stated he would work with IT to make the information available. Mayor Palmeri asked how citizens would access the Joint Review Board meeting information or minutes. Mr. Davis stated his office had the minutes available. Mayor Palmeri asked Council for direction on the reduction of Council representation on the Long Range Finance Committee from two Council representatives to one. Council Member Wojciechowski agreed to keep the number consistent with one representative. Council Member Ford agreed to change the Council Member representative on the Long Range Finance Committee to one. Deputy Mayor Mugerauer stated he agreed with the transition from two to one. Mr. Rohloff stated staff would prepare an ordinance to reflect the change in Council representation for the Long Range Finance Committee. He explained the American Rescue Funds analysis possible uses list was provided in the agenda. He stated the material was also provided to boards and commissions for feedback. He suggested hosting a robust public input session would benefit the Council. He explained the process could look similar to the Public Service Grant/Community Block Grant and advised the Council to PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 19 review the analysis provided and decide what goals the City would like to achieve. He stated Council could prepare thoughts and feedback at the May 11, 2021 meeting. Mayor Palmeri asked if the examples given were just examples and if the City would have the rules from the Department of Treasury. Mr. Rohloff stated yes those were examples and explained the Department of Treasury should have the rules by the May meeting. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Deputy Mayor Mugerauer reported on the following: Public Arts and Beautification Committee  Lake Fly Art Projects Council Member Erickson reported on the following: Rental Housing Advisory Board  Update from ADVOCAP – Wisconsin Emergency Rental Assistance Program/$630,000.00 spent in Winnebago County Mayor Palmeri reported on the following: Diversity, Equity and Inclusion Committee  Chief Oshkosh Statue Improvements Plaque was presented  Voted for meetings to remain virtual CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff informed the Council of the Professional Services Agreement with AECOM Technical Services, Inc. for Survey Support Services for the 2021 Construction Season ($51,300.00); the Cooperative Purchase of Speed Boards & Rectangular Rapidly Flashing Beacons for the Jackson Street Corridor Plan & Safety Study ($45,882.15); and the Professional Services Agreement with Kueny Architects for Architectural & Engineering Services for GO Transit Downtown Transit Center Improvements ($66,240.00). Mr. Rohloff explained the flowchart and asked for recommendations from Boards and Commissions to Council and asked Council for feedback. Mayor Palmeri asked to add public or subcommittee recommendations to the top of the chart. PROCEEDINGS OF THE COMMON COUNCIL – APRIL 27, 2021 20 Mr. Rohloff reminded everyone the Council Photo would be on May 4, 2021. Mr. Rohloff provided Council with the Outstanding Issues document. Mayor Palmeri asked about assistance from the State of Wisconsin regarding reduced greenhouse gas emissions. Mr. Rohloff stated the update was to review quarterly. Allen Davis, Community Development Director, stated he, the Sustainability Advisory Board Staff Liaison and Mr. Lyons reviewed the status of all the federal, state and local grants each quarter and there was no update. Mr. Rohloff stated with the American Jobs Act might include possible grants. Mr. Rohloff stated he would provide a robust quarterly update for his goals. Mayor Palmeri asked if there would be a mid-year review if City Manager goals were reported quarterly. Deputy Mayor Mugerauer stated City Manager would report updates quarterly and Council would still meet mid-year and then with City Manager. He explained dates would be provided to Council in the near future. MOTION: AJOURNED (Mugerauer; second, Ford) CARRIED: Ayes (7) Erickson, Ford, Mugerauer, Hansen, Miller, Wojciechowski, Mayor Palmeri The meeting adjourned at 9:50 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 11, 2021 REGULAR MEETING held Tuesday, May 11, 2021 at 6:00 p.m. virtually. Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson and Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and, Lynn Lorenson, City Attorney Council Member Ford read the Invocation. The Pledge of Allegiance was led by Council Member Ford. PROCLAMATION Mayor Palmeri proclaimed the month of May 2021 as Nurse Month. CITIZENS STATEMENTS There were no citizen statements. PUBLIC HEARINGS Mayor Palmeri ordered the following Public Hearing: Resolution 21-228 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation) & Driveway Aprons Relating to Contract No. 21-01 A) Omro Road (250’ west of North Westhaven Drive to Brooks Lane) B) North Westhaven Drive (Omro Road to 300’ south of Omro Road) MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (6) Ford, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri; Noes (1) Mugerauer PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 2 Shane Roth, 2361 Omro Road, stated when he purchased the property he was informed that the Town of Algoma would cover the cost of the road repairs. He questioned the timeframe of the assessment and meetings regarding the improvements. Council Member Ford asked for clarification. James Rabe, Director of Public Works, explained the previous Administrator of the Town of Algoma did not approach the City to cost share in the street improvements. He stated the new administrator for the town did approach the City to participate in the project and Council approved the intergovernmental agreement with the Town of Algoma to cost share in the project 6 months ago. Council Member Miller asked if the citizens were notified of the change in process. Mr. Rabe stated the citizens were notified of the impending special assessment during the routine process. Council Member Miller asked if all citizens had received the same information. Mr. Rabe explained all citizens received the same notice. Mayor Palmeri asked if the explanation provided was sufficient. Mr. Roth stated he would like to see verification of the change. Mr. Rohloff explained the notices that citizens received were what the State Statutes required. Council Member Hansen asked if there could be public notification for future assessment changes. Mr. Rabe explained the intergovernmental agreement was done within a Council Meeting and he was not aware of a prior agreement to notify citizens. Council Member Hansen expressed the Town of Algoma should have notified the citizens of the change. Mr. Roth stated he communicated with City staff member Jeff Nau regarding the assessments. Mr. Rohloff stated that staff member did not have knowledge of the project and explained PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 3 the City letter identified the anticipated special assessments for the project. He asked if the capital improvement process had changed due to COVID-19. Mr. Rabe explained the meeting letters were sent to neighboring property owners and due to COVID-19 the in-person meeting did not happen instead a video was recorded. He stated the letter provided instructions on how to access the video for more information and to contact the engineering department with questions. Deputy Mayor Mugerauer asked if the process followed the State law and City procedures. Mr. Roth stated he had not received prior notice for prior assessments. Deputy Mayor Mugerauer stated the City had provided notice and he did not agree with the current process of special assessments for property owners. Council Member Erickson asked what the ramifications were if the Council did not approve the assessments. Mr. Rohloff stated the general taxpayers would pay for the improvements because the projects were not budgeted; Council would set a precedent that would be difficult to reverse. Council Member Hansen asked if prior assessments were priced the same way. Council Member Ford stated the current policy was deficient and requested an update on the study regarding the potential policy change. Mr. Rohloff stated the Council had considered replacing the special assessment policy in the past with a traffic based transportation fee and that was not approved. He explained the consultant would have a final report that would be provided to Council and the Chamber of Commerce. Mayor Palmeri asked what would happen if Council delayed action on the matter. Mr. Rohloff explained that would create a cash flow issue by incurring costs that would not be recovered by the fee. Council Member Ford suggested when the new policy was in place the Council would provide relief to citizens under the prior policy. Mr. Rohloff stated there would have to be a line drawn to justify the allowances. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 4 Council Member Miller cautioned Council that the cash flow shortage would grow until the issue was resolved if a change was made. Mayor Palmeri stated her support for the resolution and looked forward to reviewing the policy for future special assessments. Resolution 21-229 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation) Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay) Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 21-03 A) Oregon Street (West 28th Avenue to 200’ south of West Waukau Avenue) B) Fond du Lac Road (200’ north of Stoney Beach Road to 200’ south of Waukau Avenue) C) Waukau Avenue (200’ west of Fond du Lac Road to Lake Winnebago & 200’ east & 200’ west of Oregon Street) MOTION: ADOPT (Ford; second, Mugerauer) CARRIED: Ayes (6) Ford, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri; Noes (1) Mugerauer Resolution 21-230 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation) Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 21-04 A) West 9th Avenue (Oakwood Road to Linden Oaks Drive) B) West 9th Avenue (Pauls Place to 750’ West of Pauls Place) MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (6) Ford, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri; Noes (1) Mugerauer Michelle Kosmer, 3120 W 9th Avenue, stated her opposition to the project and the amount of $29,000 assessed to her property. Michael Gumtow, 925 Pleasant Creek Drive, stated the price of the assessment was too high for individual property owners and the property would not be worth more with the PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 5 road work. He questioned if alternatives repair methods that cost less were taken into consideration or if delaying the project to lower the burden of the cost. He stated he was unaware of why the property owners were responsible to pay for such a large amount when other individuals in the area would benefit from the improvements. Peter Jungbacker, 1215 Bay Shore Drive, stated the assessments were unfair and the road issues were beyond the property owner’s control. He asked the Council to consider the assessments to properties that exceed the value of the lots. He explained the benefits of the improvement go beyond the immediate lot and the improvements were designed for larger traffic flows. He recommended that Council address major arterials with alternate financing in a policy and consider credits for past assessments within a specific timeframe. He informed Council the subdivision (Quail Run Farm) was designed with access only on Quail Drive. He stated there was no access to lots one, two or three expect for Wilderness Drive and those lots cannot be subdivided due to restrictive covenants. He explained the provision stated if the lot had a depth of more than 200 feet, then it did not qualify for the 50% discount or the previous credit for the property and explained that lot number one had assessments on both sides. Valerie Cohn-Gehrke, 3041 W. 9th Avenue, stated her opposition for the project. Deputy Mayor Mugerauer asked for clarification regarding the unique situation with the properties on 9th Avenue. Mr. Rohloff explained the assessment policy stated within residential areas the City assesses a maximum width and 1/3 of that width would be assessed to the property owner. He stated the property owner on either side of the street were both assessed 1/3 of the cost and the City paid 1/3 of the cost. Council Member Miller asked what percentage of communities use special assessments. Mr. Rohloff stated a large number of cities implement special assessments and the trend had been moving away from that model with a different program such as the wheel tax. James Rabe, Director of Public Works, stated the special assessment policy contained a provision which included a parcel that bordered on three sides; two of those were streets and one an alley however, a parcel with three sides by right away was unique. He explained one consideration would be to expand the provision in the policy to include all three frontages receive the 50% reduction or other options that could be applied. Deputy Mayor Mugerauer asked for staff to prepare an amendment to the policy and have Council make a determination for future projects. He explained the City subsidizes road PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 6 construction projects and a flat rate was charged for storm and sanitary laterals which were considerably lower. Council Member Ford thanked all the participants. Resolution 21-231 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation) Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay), & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 21-05 A) Ceape Avenue (150’ west of Bowen Street to 100’ east of Lake Street) B) Bowen Street (200’ north & 200’ south of Ceape Avenue) C) Frankfort Street (Ceape Avenue to 150’ south of Ceape Avenue) D) Rosalia Street (Ceape Avenue to 200’ north of Ceape Avenue) E) Eveline Street (Ceape Avenue to 150’ south of Ceape Avenue) MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (6) Ford, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri; Noes (1) Mugerauer Mr. Rohloff stated the assessments in the previous contracts were high due to larger front footage of the lots and Ceape Avenue properties were smaller which made a difference. Resolution 21-232 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 21-07 A) Knapp Street (150’ North of Osborn Avenue to 150’ South of West 18th Avenue) B) Erie Avenue (Knapp Street to Rugby Street) C) Florida Avenue (Knapp Street to 150’ East of Sanders Street) D) Rugby Street (West South Park Avenue to Florida Avenue) E) Sanders Street (West South Park Avenue to Florida Avenue) F) West 18th Avenue (150’ East of Knapp Street to 150’ West of Knapp Street) G) West 17th Avenue (150’ East of Knapp Street to 150’ West of Knapp Street) H) Concordia Avenue (150’ East of Knapp Street to 150’ West of PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 7 Knapp Street) I) Osborn Avenue (150’ East of Knapp Street to 150’ West of Knapp Street) MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Deputy Mayor Mugerauer stated his support for this project as it only related to sidewalk and lateral improvements. Resolution 21-233 Approve Final Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 21-20 / Various Locations MOTION: ADOPT (Ford; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri questioned why the wording stated various locations. James Rabe, Director of Public Works, stated the locations were throughout the City based on requests from property owners or orders from the plumbing inspector to stop sub pump discharge into the street. Mr. Rohloff stated there were 45 locations within the resolution. Mayor Palmeri suggested to promote public education regarding storm sewer laterals. Mr. Rohloff stated last year the demand was high and the City performed two rounds of installations or repairs. Mr. Rabe stated the cost was subsidized by utilities for the property owners. Deputy Mayor Mugerauer explained citizens could request to have a storm sewer lateral installed on their property for $750.00. PUBLIC COMMENT ON AGENDA ITEMS Anthony Kanter, 1320 Clayton Court, owner of KOMOTO Electric Scooters, stated his concerns for individual and traffic safety with scooters not allowed sidewalks. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 8 Michael Covato, 406 Broadway Avenue # 369, Santa Monica, CA, stated he worked with the Global Revenue Department for Bird Rides Inc. and explained the share electric scooter were located in 150 cities globally and the company had heavily invested in the communities across the State of Wisconsin that included Wauwatosa, Appleton, Sheboygan, and Racine. He explained the company would like to work with City staff to ensure safety of all citizens who would use the electric scooters and make sure the City felt comfortable with the level of safety. He state the electric scooter research show the economic benefit for small businesses. He explained the scooters included geo-fencing technology that allowed every scooter to be tracked via an onboard GPS, and be digitally controlled with boundaries that they were operated in as well as control the speed. He stated the riders would go through a robust safety tutorial and submit a parking photo at the end of their ride that was analyzed by artificial intelligence (AI) to determine if the scooter was in the frame. He ensured accessibility for community pricing that included 50% off for those who qualified due to socioeconomic challenges, veterans, senior citizens and free rides for front line workers through the duration of the COVID-19 Pandemic. He explained there would be no cost to the City. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Library Board Minutes from March 25, 2021. Resolution 21-234 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($64,326.00) Resolution 21-235 Approve Budget Amendment for 2021 Fire Special Revenue Fund 0235-0230 for Purchase of Firefighting Hoods ($21,600.00) Resolution 21-236 Approve Budget Amendment & Award Bid to Conway Shields for Fire Hose for the Fire Department ($45,677.00) Resolution 21-237 Award Bid to C&C Services LLC for Fire Station 18 Roof Replacement for General Services ($76,100.00) Resolution 21-238 Award Bid to CMM & Associates for Oshkosh Seniors Center South Roof Replacement for General Services ($67,582.00) Resolution 21-239 Approve General Development Plan Amendment & Specific Implementation Plan for a Multi-Family Development Located at the Southwest Corner of Pearl Avenue & Riverway Drive (Plan PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 9 Commission Recommends Approval) Resolution 21-240 Approve General Development Plan & Specific Implementation Plan for Indoor Sales & Service & Vehicle Sales Use at the Northwest Corner of South Washburn Street & West Ripple Avenue (Plan Commission Recommends Approval) Resolution 21-241 Approve Special Event – Winnebago Bicycle to utilize Opera House Square (sundial area) for the Bike to Work Day event / May 21, 2021 Resolution 21-242 Approve Special Events – 2 Blondes to utilize the City parking lot (400 West Lot, 17 Church Avenue) for their Grand Re-Opening & Expansion / May 21 & 22, 2021 Resolution 21-243 Approve Appointments to Various Boards & Commissions Resolution 21-244 Approve Combination “Class A” License, Special Class “B” Licenses & Taxi-Cab Driver License Council Member Ford stated he would pull Resolution 21-243. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 21-243 (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Resolution 21-243 Approve Appointments to Various Boards & Commissions MOTION: ADOPT (Erickson; second, Ford) MOTION: DIVIDE INTO: PART A) BOARDS & COMMISSIONS EXCEPT DIVERSITY EQUITY & INCLUSION COMMITTEE PART B) DIVERSITY EQUITY & INCLUSION COMMITTEE (Ford; second Mugerauer) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri MOTION: ADOPT PART A) BOARD EXCEPT DIVERSITY EQUITY & INCLUSION COMMITTEE (Erickson; second, Hansen) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 10 Mayor Palmeri MOTION: ADOPT PART B) DIVERSITY EQUITY & INCLUSION COMMITTEE (Miller; second, Erickson) CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri; Present (1) Ford Council Member Ford stated he would vote present due to the appointment was a relative. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-245 Create & Amend Ordinances for Electric Scooters & Electric Personal Assistive Mobility Devices, Amend General Bicycle Ordinance, Amend Bike Lanes Ordinance & Amend Parks Ordinance MOTION: ADOPT (Mugerauer; second, Hansen) MOTION: AMEND TO INCLUDE A REFERENCE TO SEGWAY TYPE VEHICLES WITH THE DEFINITION OF ELECTRIC ASSISTIVE MOBILITY DEVICES (Ford; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Deputy Mayor Mugerauer expressed the confusion for citizens and questioned the possibility to delay action on the ordinance. Council Member Miller asked for clarification from staff. Council Member Wojciechowski asked how the ordinance would affect citizens who used electric wheelchairs or disabled individuals that used electric mobility devices. Mayor Palmeri stated the language by the State was confusing and asked for clarification. Attorney Lorenson, explained the term electric assisted mobility device referred to devices known as Segway’s or those types of vehicles and suggested to add Segway’s to the ordinance for clarification. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 11 Mayor Palmeri asked where the language would be added. Attorney Lorenson explained in the ordinance and the notice of publication section. Mayor Palmeri asked if electric mobility devices did not include electric wheelchairs was that to be included in the ordinance. Mr. Rohloff stated the City would not regulate personal mobility devices. Mayor Palmeri asked if the distinction would be recreation verses mobility assistance. Attorney Lorenson explained the definitions were not based on use and the State allowed the City to regulate the specific items. Mr. Rohloff stated the City would not be regulate electric wheelchairs or mobility scooters. Mayor Palmeri explained the confusion came from personal assistive mobility devices. Council Member Wojciechowski asked for clarification regarding electric bicycles and stated he agreed with electric scooters on sidewalks. Attorney Lorenson stated the ordinance did not include electric bicycles and could be created in a separate ordinance. Council Member Wojciechowski asked if the City had an ordinance for bicycles. Mr. Rohloff stated bicycles and electric bicycles were allowed on sidewalks. Attorney Lorenson stated electric bicycles under the statute need to be treated the same. Council Member Wojciechowski questioned why the City would not treat electric scooters the same way. Mayor Palmeri asked if Council would like to lay over or vote. Council Member Ford presented an amendment to include a reference to Segway type vehicles with the definition of electric assisted mobility devices. Council Member Hansen stated she would present the electric bicycle topic to the Traffic & Parking Advisory Board. She stated her opposition to electric bicycles on the sidewalks within the City. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 12 Mayor Palmeri explained the Traffic & Parking Advisory Board had previously reviewed the ordinance. Council Member Wojciechowski asked if the City had a policy regarding electric scooters. Attorney Lorenson stated the City did not have a policy for electric scooters. Council Member Wojciechowski asked if there were restrictions for citizens to currently use scooters. Mr. Rohloff stated there was not a restriction for citizens to use scooters. Attorney Lorenson stated the only enforcement with scooters would be reckless driving. Mr. Rohloff suggested to have regulations in place for electric scooters before the rental program would begin. Council Member Wojciechowski stated he would like to revisit the topic in the future with more information. Mayor Palmeri stated her concern with visibility and safety. Ordinance 21-246 Approve Zone Change from Neighborhood Mixed Use District (NMU) to Neighborhood Mixed Use District with a Planned Development Overlay (NMU-PD) for Property Located at 1903 Harrison Street (Plan Commission Recommends Approval) MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri asked for a summary. Mark Lyons, Planning Services Manager, stated the zone change included a plan development overlay to allow the restaurant to have an outdoor seating area that was within 50 feet of a residential zoned property. He explained the applicant had worked with the individuals in the area and explained the outdoor area would be for dining only not outdoor entertainment. Ordinance 21-247 Approve Zone Change from Neighborhood Mixed Use District (NMU) to Suburban Mixed Use District with a Planned Development PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 13 Overlay (SMU-PD) for Properties Located at the 1700 Block of West 9th Avenue (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Ordinance 21-248 Approve Zone Change from Urban Mixed Use District (UMU) to Urban Mixed Use District with a Planned Development Overlay (UMU-PD) for Properties Located at 630-640 North Main Street (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked for summary of the project. Mark Lyons, Planning Services Manager, stated the property was a former auto repair site and the applicant proposed to redevelop the site for a potential convenient store with a laundromat. Mayor Palmeri questioned if the applicant had asked for flexibility. Mr. Lyons stated the application was seeking flexibility through the plan development overlay. Council Member Ford explained the amount of work would be intense. Mayor Palmeri asked if the site included electric charging stations for vehicles. Mr. Lyons stated one of the plan development elements was be charging stations. Mayor Palmeri asked about if there would be green space on the site. Mr. Lyons stated there was existing green space and the applicant would add additional green space. Ordinance 21-249 Amend Membership of Long Range Finance Committee FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked what the original idea was behind the appointment of two members. Mr. Rohloff stated there were two Council Members interested and it allowed for two PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 14 perspectives to bring information back to Council. Ordinance 21-250 Approve Closure of Bowen Street from East Irving Avenue to East Parkway Avenue (Staff Recommends Waiving the Rules) MOTION: SUSPEND RULES (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri questioned the timeframe and purpose for the closure. James Rabe, Director of Public Works, explained the request came from the water distribution division and the code required the street to remain open at all times. He stated the length of time would be approximately one or two days and the restoration team would come back at a later time with the sidewalk contractor to patch the concrete. Mayor Palmeri questioned if property owners were informed of the closure. Mr. Rabe stated informational material was sent to property owners. Ordinance 21-251 Approve Closure of Washington Avenue from Bowen Street to Hazel Street (Staff Recommends Waiving the Rules) MOTION: SUSPEND RULES (Mugerauer; second, Ford) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri asked if the closure would be a few days. James Rabe, Director of Public Works, confirmed. Ordinance 21-252 Amend Rules Pertaining to Council, Board & Commission Meetings in Response to Covid-19 Coronavirus Emergency: To Provide for PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 15 Council to Meet In Person; Boards & Commissions to Meet in Person or Through Remote Means; and to Set Forth Rules for Remote Participation at Meetings (Staff Recommends Waiving the Rules) MOTION: SUSPEND RULES (Ford; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri MOTION: ADOPT (Erickson; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Council Member Ford stated his support of meetings to return to in-person. Resolution 21-253 Approve General Development Plan & Specific Implementation Plan for Outdoor Seating at 1903 Harrison Street (Plan Commission Recommends Approval) MOTION: ADOPT (Miller; second, Mugerauer) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri requested a summary. Mark Lyons, Planning Services Manager, stated the plan development was for the temporary seasonal outdoor patio that would be removed in the winter. He explained due to the outdoor seating area being within 50 feet of residential property the applicant needed to go through the plan development process. Mayor Palmeri asked about the patio. Mr. Lyons stated the property would include fencing and planters to enhance the outdoor space. He explained the outdoor patio would be removed to retain the parking space during the winter. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri questioned if broadband availability data would be available for the joint workshop with the Oshkosh Area School District. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 16 Mr. Rohloff stated the information would be available for the Joint Workshop with the Oshkosh Area School District on May 20, 2021. Mr. Rohloff stated the Clearwell workshop would be at 5:15 pm on May 25, 2021 and Council Compensation would also be listed on the May 25, 2021 Council agenda. Mayor Palmeri asked Council if they were available for the joint meeting with the Redevelopment Authority, Sustainability Advisory Board, Advisory Parks Board and Plan Commission to discuss Chapter 30 Subdivision Code Updates and Affordable Housing virtually on June 10, 2021 at 6:00 p.m. Council confirmed. Mayor Palmeri stated May 19th, 2021 at 4:00 p.m. Council would join the Redevelopment Authority Meeting virtually to hear proposals for 43 E. 7th Avenue. Mr. Rohloff requested direction regarding the potential process with the American Rescue Plan Act (ARPA) Funds. He stated there would be citizen input as well as public input sessions. He asked Council for suggestions on strategic topics or processes. He recommended the process be similar to the public service grants for the community development block grants and develop an application. Council Member Wojciechowski asked for explanation for the Day-by-Day possibilities. Mr. Rohloff stated the homelessness population had worsened since the COVID-19 Pandemic and within the Fox Cities there were only two shelters that provide services. He explained that $1 million dollars could be allocated to address the homelessness needs in the community. He expressed if the County would allocate $1.5 million then a case could be made to the State to provide the remainder of the funding. He explained the Day-by Day organization could request private funding from the philanthropic community to provide the day-to-day needs. Council Member Ford encouraged multiple input sessions for the public and to provide a clear guiding philosophy. He stated he supported the non-profit competitive process and provide measurable goals for the non-profit organizations. Deputy Mayor Mugerauer stated his support for the impact on homelessness. He explained he would encourage the City to use the fund processes already in place instead of creating a new process. He suggested contacting the Community Foundation to share their funding process and possibly partner with them for these endeavors. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 17 Mayor Palmeri agreed with the use of the strategic plan as a guide. Council Member Erickson requested a robust community engagement plan with multiple input sessions. Mr. Rohloff stated a general solicitation form could be mailed to citizens. Deputy Mayor Mugerauer reminded Council the funds were a one-time use and had to be used by the end of 2024. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Wojciechowski reported on the following: Sustainability Advisory Board  Student Presentations for Sustainability Mayor Palmeri reported on the following: Advisory Parks Board  Toured Menominee Park and discussed updates needed CITY MANAGER ANNOUNCEMENTS & STATEMENTS Council Member Miller stated he spoke with several business owners that requested to remove the mask ordinance to be consistent with surrounding communities. Mr. Rohloff stated the expiration date was May 31, 2021. He explained at the May 25th Council Meeting the Council would vote to let the ordinance expire on May 31, 2021 or extend for another 30 days. Council Member Miller questioned if the 50% metric was one of three ways to end the ordinance. Council Member Ford confirmed the 50% metric added was designed as a third option. Mayor Palmeri stated the ordinance in DePere expired on May 5, 2021. Council Member Ford stated the Council could amend to sunset at the May 25th Council meeting and his recommendation would be to honor the policy that was approved. PROCEEDINGS OF THE COMMON COUNCIL – MAY 11, 2021 18 Mr. Rohloff informed the Council of the Professional Services Agreement with Donohue & Associates, Inc. for City of Oshkosh Wastewater Treatment Plant Concrete Condition Assessment ($33,935.00). He provided Council with an update on his goals. His COVID- 19 update indicated that Winnebago County was at 36% fully vaccinated. Mayor Palmeri encouraged citizens to get vaccinated. Council Member Erickson stated wcvaccine.org or citizens could call 920-232-3026. Mayor Palmeri mentioned transportation services were available for citizens who needed to get to a vaccination site. MOTION: AJOURNED (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri The meeting adjourned at 8:29 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 14, 2021 SPECIAL MEETING held Friday, May 14, 2021 at 4:30 p.m. virtually. Mayor Palmeri presided. PRESENT: Council Members Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson, Michael Ford, Matt Mugerauer and Mayor Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Angela Joeckel, Deputy City Clerk and Lynn Lorenson, City Attorney CITIZENS STATEMENTS Ordinance 21-254 Amend Ordinance 21-221 Requiring Face Coverings in Response to Covid-19 Coronavirus Emergency to Terminate the Face Covering Requirement as of May 14, 2021 (Staff Recommends to Waive the Rules & Adopt on First Reading) Mayor Palmeri read the following emails into the record: Sheila Perry, 1630 Villa Park Drive, supported the removal of the mask ordinance. Patricia Dwyer-Hallquist, 2030 Hazel Street, did not support the removal of the mask ordinance. NEW ORDINANCE Ordinance 21-254 Amend Ordinance 21-221 Requiring Face Coverings in Response to Covid-19 Coronavirus Emergency to Terminate the Face Covering Requirement as of May 14, 2021 (Staff Recommends to Waive the Rules & Adopt on First Reading) MOTION: SUSPEND RULES (Miller; second, Mugerauer) CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer; Noes (1) Mayor Palmeri MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Ford, Mugerauer, Mayor PROCEEDINGS OF THE COMMON COUNCIL – MAY 14, 2021 2 Palmeri; Noes (1) Erickson Mayor Palmeri questioned waiving the rules to adopt the ordinance on the first reading. Deputy Mayor Mugerauer stated the process was the same as when the Council implemented the initial ordinance. Mayor Palmeri asked why there was an urgency to adopt on first reading. Council Member Ford explained with the change in the Center for Disease Control and Prevention (CDC) guidelines and the previous ordinances Council adopted on the first reading. He stated with the rules waived it would allow the City to implement the rules the CDC had encouraged. He stated the new recommendations were based on evidence showing the safety and efficacy of COVID-19 vaccines that protected individuals and stopped the spread. He explained the Council should not have a mandate or put businesses in a position to enforce a City ordinance that runs counterproductive to the evidence in the CDC guideline. He stated his support for terminating the mask mandate. Council Member Wojciechowski stated his support to eliminate the mask ordinance. He explained with new guidelines comes new policy and the goal was to return to normalcy. He encouraged citizens to get vaccinated and for citizens who were not vaccinated to wear a mask. Council Member Erickson explained over 60% of the citizens in the community were not vaccinated whether they choose not to or unable due to age or illness. She stated the fully vaccinated rate for Oshkosh was 33%; slightly lower than Winnebago County or the State. She explained the CDC guidelines relies on the honor systems and it puts the burden on businesses to endorse and enforce to protect their employees and customers. She encouraged citizens to become fully vaccinated. Doug Gieryn, Director Winnebago County Health Department, expressed he had not expected the update from the CDC; however, it could increase the vaccination rates. He stated the CDC did not indicate municipalities or businesses should adjust policies or repeal mandates instead promote vaccinations. He explained he did not see an urgency to make changes and encouraged citizens to become vaccinated. He suggested that Council consider to rescind the mandate after more time and discussion. Mike Stanley, Fire Chief, suggested that Council and the City continue to encourage citizens to get vaccinated or wear masks if citizens were not vaccinated. PROCEEDINGS OF THE COMMON COUNCIL – MAY 14, 2021 3 Council Member Miller asked how many vaccination were being administered daily. Mr. Gieryn stated in the last 24 hours 1,127 doses were administered which was higher than average. He explained the increase could be the addition of the 12-15 year old age group that was available to be vaccinated. Council Member Miller asked what the vaccination availability was. Mr. Gieryn stated vaccines were readily available through medical providers, pharmacies, clinics or other locations offering vaccines. Deputy Mayor Mugerauer asked if the County Health Director had advocated to the surrounding communities to institute mask mandates. Mr. Gieryn explained the health department would not recommend changes and encouraged citizens to wear masks and become vaccinated. He stated the CDC guidelines gave vaccinated citizens confidence to be in social settings without a mask. Deputy Mayor Mugerauer stated that masks and vaccines were effective and the mask mandate for Oshkosh was no longer necessary. Mayor Palmeri explained the difficult decision with 2/3 of the citizens that were still not vaccinated. She stated the enforcement of the mandate had not been done and the City trailed behind surrounding cities with vaccinations. She explained with the CDC guidelines that require masking on public transit, hospitals, nursing homes and businesses that would continue to be required. She questioned the urgency for ending the ordinance. Council Member Hansen stated her support to end the mask mandate. Council Member Ford expressed when the facts change the City needed to change with them. He stated with the evidence provided from the CDC, personal agencies and the City should not punish those who had been vaccinated. He encouraged vaccinations for citizens who had not yet received theirs. Council Member Wojciechowski stated those who were not vaccinated should continue to wear a mask until fully vaccinated and respect businesses who require a mask. He encouraged incentivizing citizens to become fully vaccinated. Mayor Palmeri expressed anyone who would like to receive a vaccine could. PROCEEDINGS OF THE COMMON COUNCIL – MAY 14, 2021 4 NEW RESOLUTION Resolution 21-255 Encourage the Public to Comply with CDC Covid-19 Guidelines & to Obtain Covid-19 Vaccine MOTION: ADOPT (Miller; second, Wojciechowski) MOTION: AMEND TO INCLUDE MASKS ARE STILL REQUIRED ON GO TRANSIT AND OTHER TRANSIT SYSTEMS PER THE PRESIDENTAL EXECUTIVE ORDER EFFECTIVE UNTIL SEPTEMBER 13, 2021 (Erickson; second, Palmeri) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Council Member Ford stated the resolution acknowledged the effectiveness of masking, vaccinations, the latest CDC guidelines and encouraged citizens/businesses to continue to follow the those guidelines. He explained there were general statements about the latest CDC guidelines to allow for updated information. He stated the resolution included language that the City would support a public education campaign encouraging vaccination. He explained a meeting between the City and Visit Oshkosh had been scheduled to find creative solutions for citizens who were hesitant to receive the vaccine in the community and use resources for that information. He concluded the pandemic was not over and the City would continue to promote citizens get vaccinated. Deputy Mayor Mugerauer stated his appreciation for the work on the resolution. He encouraged vaccinations and would support a messaging campaign along with Visit Oshkosh and the Winnebago County Health Department. Council Member Wojciechowski stated his support for the resolution and encouraged the City to incentivize vaccinations. Council Member Erickson expressed her support to promote vaccination rates and encouraged Council members to start conversations with unvaccinated citizens and to hear why they were hesitant. She explained common barriers were no paid sick leave to receive the vaccine or time off if the citizen had side effects from the vaccine. She indicated she would amend the resolution to reference masks were still required on GO Transit and other transit systems per the Presidential Executive Order effective until September 13, 2021. PROCEEDINGS OF THE COMMON COUNCIL – MAY 14, 2021 5 Mayor Palmeri stated her support for the amendment. Deputy Mayor Mugerauer asked for clarification on the amendment. Council Member Erickson clarified masks were still required on GO Transit and other transit systems per the Presidential Executive Order effective until September 13, 2021. Doug Gieryn, Director Winnebago County Health Department, stated wcvacine.org continued to provide a variety of information. He explained on the website citizens could find multiple locations for vaccinations, links to health care, pharmacies, clinics and walk in Wednesdays at Sunnyview. He stated there were opportunities to promote mobile sites for vaccinations and assist with additional clinics in the community. He explained other communities had success with incentivizing citizens and the health department would continue to monitor. He stated the primary goal was to promote vaccination. Mayor Palmeri asked for clarification if the wording in the resolution matched the CDC guidelines. Council Member Ford stated the wording was directly from the CDC guidelines. Mayor Palmeri stated there would be businesses that would continue to require masks. MOTION: ADJOURN (Mugerauer; second, Miller) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri The meeting adjourned at 5:29 p.m. ANGELA JOECKEL DEPUTY CITY CLERK