Loading...
HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 13, 2021 REGULAR MEETING held Tuesday, July 13, 2021 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Aaron Wojciechowski, Lynnsey Erickson, Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and, Lynn Lorenson, City Attorney Council Member Wojciechowski read the Invocation. The Pledge of Allegiance was led by Council Member Wojciechowski. INTRODUCTION OF STAFF Kelly Nieforth, Economic Development Services Manager, introduced Emily Tardiff as the new Grants Coordinator. Ray Maurer, Director of Parks, welcomed Kate Yates as the new Activities Coordinator. PRESENTATION Amy Albright, Executive Director at Oshkosh Convention and Visitors Bureau (CVB), presented a condensed version of the Roger Brooks’ Destination Assessment on Oshkosh which provided recommendations to improve signage and visibility of what the City had to offer. She explained that the feedback regarding the City was positive and stated the entire 2.5 hour presentation was on YouTube for those interested. CITIZEN STATEMENTS Bill Wyman, 230 Ohio Street, CEO of Oshkosh Area Community Foundation, suggested to provide a continuum of care for the homeless population. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 2 PUBLIC COMMENT ON AGENDA ITEMS Resolution 21-348 Approve Setting Public Hearing Date for Partial Right-of-Way Vacation of Wilson Avenue East of Algoma Boulevard (Plan Commission Recommends Approval) Scott Hutchinson, 2021 Wilson Avenue, asked for an explanation as to why citizens would be required to pay for sidewalks. Ordinance 21-367 Approve Zone Change from Urban Mixed Use District (UMU) & Urban Mixed Use District with a Planned Development Overlay (UMU-PD) to Institutional District with a Planned Development Overlay (I-PD) for Properties Located at the Northwest Corner of Ceape Avenue & Broad Street (Plan Commission Recommends Approval) Molly Butts, 449 High Avenue, Executive Director of Day by Day Warming Shelter, explained the services and resources provided along with the various needs. Damian Brown, 449 High Avenue, provided his insight as a guest of the shelter, the positive experience and services provided while in transition. Jason Havlik, 1944 Westbreeze Drive, Oshkosh Corporation, presented the site choices for the Day by Day Warming Shelter. Deputy Mayor Mugerauer asked how the proposed site was decided. Mr. Havlik explained the surrounding resources and location were the reasons for the site. Tracy Cook, 449 High Avenue, described her positive experience as a guest of the shelter. Nancy Behm, 875 Honey Creek Road, expressed her support for a year round homeless shelter. Tina Haffeman, 1307 Washington Avenue, stated her support of the ordinance. Jon Doemel, 1923 Doemel Street, explained his support for the zone change and inquired about the next steps in the process. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 3 CONSENT AGENDA ITEMS Resolution 21-348 Approve Setting Public Hearing Date for Partial Right-of-Way Vacation of Wilson Avenue East of Algoma Boulevard (Plan Commission Recommends Approval) Council Member Ford asked about the possible future special assessment. Mark Lyons, Planning Services Manager, stated the item on the agenda was to set the date for the public hearing and he would look into the answer for the citizen’s question. James Rabe, Director of Public Works, explained that in the future, the Bike and Pedestrian Committee or Council could make recommendations or give direction to City staff for sidewalks to be installed in the area and at that time the property owners would then receive an assessment for the sidewalk. Council Ford encouraged the citizen to speak directly to City staff to discuss further. Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Public Museum Board Minutes from May 27, 2021. Receipt & Filing of the Common Council Minutes from June 22, 2021. Receipt of Claim filed with the City’s Insurance Company: A) Jenna Timm for alleged damage from a City tree falling on her vehicle B) Brandon Fritz for alleged special assessment dispute at 1120 Merrill Street Resolution 21-349 Approve Cash & Investment Report through May 2021 Resolution 21-350 Award Bid to ARGUS Industrial Co. LLC for Topsoil Screener for the Parks Department ($27,923.63) Resolution 21-351 Approve General Development Plan & Specific Implementation Plan for a Personal Storage Facility at 1300 South Koeller Street (Plan Commission Recommends Approval) Resolution 21-352 Approve Street Right-of-Way Dedication along the North Side of the 800 Block of West Packer Avenue (Plan Commission Recommends Approval) PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 4 Resolution 21-353 Accept Sanitary Sewer Main Easement & Approve Amendment to Existing Sanitary Main Sewer Easement at 2750 Vinland Street (Plan Commission Recommends Approval) Council Member Miller asked for a summary of the project. James, Rabe, Director of Public Works, stated there was an existing sanitary sewer easement through the property from the initial construction and a pipe was outside of the easement which was why an amendment was necessary to include that pipe. He explained before future development of the property the City would set up another easement location. Resolution 21-354 Approve Land Acquisition of 143 Idaho Street ($100,000.00) (Plan Commission Recommends Approval) Resolution 21-355 Approve Conditional Use Permit for a Roof-Mounted Solar Energy System at 815 West South Park Avenue (Plan Commission Recommends Approval) Resolution 21-356 Approve General Development Plan Amendment & Specific Implementation Plan for a Multi-Family Development Located at the Southwest Corner of Jackson Street & Marion Road (Plan Commission Recommends Approval) Mayor Palmeri asked for a summary. Mark Lyons, Planning Services Manager, stated the development was located in an urban area that was in the riverfront mixed use zoning district instead of the of urban central mixed use zoning district. He explained the multi-family zoning exempts the recreational space requirement. Mayor Palmeri asked how many units had been added to the area in recent years. Mr. Lyons stated there had been several hundred units added in the area. Mayor Palmeri questioned if the Riverwalk was supposed to serve all of those units. Mr. Lyons stated that Riverwalk and Riverside Park were used to accommodate similar needs for recreational space. Mayor Palmeri inquired about the building façade and solar loading. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 5 Mr. Lyons explained the materials were reviewed with the muted black gray and would not have an urban heat island effect and included pockets to absorb the heat. Resolution 21-357 Approve Specific Implementation Plan for a Parking Lot Located at the North Side of Marion Road West of Jackson Street (Plan Commission Recommends Approval) Resolution 21-358 Approve Specific Implementation Plan for a Commercial Development Located on the North Side of the 1700 Block of Avenue (Plan Commission Recommends Approval) Resolution 21-359 Approve Great Neighborhoods Capital Improvement Programs Funding for Jackson Street Multimodal Traffic Safety Plan Implementation ($100,000.00) Resolution 21-360 Approve Initial Resolution for Special Assessment for Asphalt Overlay Relating to Contract No. 21-21 A) Olson Avenue, from Vinland Street to Zion Street B) Anderson Street, from Farmington Avenue to 250’ North of Olson Avenue C) Zion Street, from Olson Avenue to 250’ North of Olson Avenue Resolution 21-361 Approve Budget Amendment Purchase of Strategic Planning Services for the Oshkosh Fire Department ($16,800.00) Resolution 21-362 Disallowance of Claim by Brandon Fritz Resolution 21-363 Approve Combination “Class B” License, Class “B’ Fermented Malt License, Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Hansen) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-364 Amend Ordinances Pertaining to Enforcement of Parking Restrictions within Parks & Boat Launches PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 6 MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Ordinance 21-365 Approve Official Mapping of Right-of-Way Connecting the Western End of Mockingbird Way to the Eastern End of Windsong Terrace (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Ordinance 21-366 Amend Ordinances Pertaining to Definitions within the Animal Ordinance, Chicken Keeping & Bee Keeping Ordinances; & Create Ordinance Pertaining to Duck Keeping MOTION: ADOPT (Erickson; second, Hansen) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Ordinance 21-367 Approve Zone Change from Urban Mixed Use District (UMU) & Urban Mixed Use District with a Planned Development Overlay (UMU-PD) to Institutional District with a Planned Development Overlay (I-PD) for Properties Located at the Northwest Corner of Ceape Avenue & Broad Street (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked for an explanation. Mark Lyons, Planning Services Manager, explained the urban mixed use zoning district did not allow the use by permit or conditional use. He stated the use was only allowed in the institutional zoning district through a conditional use permit. He explained the initial step was to set up the base zoning district that allowed the applicant to move forward with the planned development and the conditional use permit for the final use. Mayor Palmeri asked why in the definition the use would not be permitted. Mr. Lyons stated in the code the institutional use was limited to the institutional zoning district or the central mixed use zoning district. He explained the urban mixed use district PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 7 was related to neighborhood level commercial and mixed use retail/housing type developments. He stated when the code was written in 2017 that was the common practice. Ordinance 21-368 Amend Various Sections of Chapter 30 Zoning Ordinance Pertaining to Small Solar Energy Systems (Plan Commission Recommends Approval) MOTION: SUSPEND RULES (Wojciechowski; second, Miller) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Wojciechowski) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Council Member Wojciechowski suggested to suspend the rules and approve on the first reading due to the impact with weather on this topic. Mr. Rohloff stated staff would not have an objection to waive the second reading. Council Member Wojciechowski explained the urgency was to allow citizens to install the system before the winter weather. Council Member Ford stated he was in agreement to suspend the rules. Resolution 21-369 Award Bid for Public Works Contract No. 21-09 to Vinton Construction Company for 2021 Parking Lots Construction & Re- Striping ($783,863.20) MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Resolution 21-370 Amend the City of Oshkosh Fee Schedule Pertaining to Chicken, Bee & Duck Keeping within the City MOTION: ADOPT (Erickson; second, Hansen) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Mayor Palmeri asked for a description of the change. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 8 Mark Lyons, Planning Services Manager, explained that the fee had not changed, the ordinance was updated to include ducks and bees. He stated citizens may obtain an application from the Planning Services department and pay the $15.00 fee. Resolution 21-371 Amend the City of Oshkosh Fee Schedule Pertaining to Docked Mobility Systems Pilot Program Application Fee MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Miller, Mayor Palmeri Council Member Wojciechowski asked about the logistics. Mark Lyons, Planning Services Manager, stated the resolution did not affect the ordinance requirements that were put in place at a prior Council meeting. He explained the City had worked with the potential pilot program to gain insight and set an appropriate fee. Council Member Ford explained the fee would cover the administrative costs. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Council Member Wojciechowski suggested Council hold a workshop to discuss a draft marijuana decriminalization ordinance. He explained the Diversity, Equity and Inclusion Committee would like Council to take the lead on the ordinance. Council Member Ford asked about the intent of the workshop. Council Member Wojciechowski stated at the workshop, Council could review and discuss the Madison ordinance that was passed as well as get input from different stakeholders. Deputy Mayor Mugerauer stated his concerns with City staff time and scheduling with the amount of meetings as a Council. He expressed the topic should be discussed at a Council meeting before drafting an ordinance. Council Member Erickson stated her support of the workshop to have stakeholders involved before presenting to Council. Mayor Palmeri asked if the City had a non-criminal ordinance that law enforcement could use. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 9 Ms. Lorenson stated that the City had a non-criminal ordinance that regulated the possession of marijuana and typically the City offered potential diversion programs. Mayor Palmeri asked if the goal was to reduce the fine associated with the ordinance. Council Member Wojciechowski stated the goal was to make updates if needed. Council Member Miller asked if the ordinance was removed then officers would have to issue citations or charges. Ms. Lorenson stated that officers had the discretion to criminally charge, not charge, or offer a City citation. Council Member Wojciechowski asked if criminal charges were applied to citizens who were not violent. Ms. Lorenson explained criminal violation were determined by the State Statute. Mayor Palmeri stated her support for a workshop. Council Member Wojciechowski explained the workshop was not meant to complete a draft ordinance instead to get input and have a discussion on the topic. Council Member Ford expressed his concern with using the Madison language as a basis due to the direct violation with State Law. He suggested adding the topic into the equity measures. Council Member Miller stated that if the ordinance was eliminated then it forced officers to write a criminal charge or ticket for those who might not need it. He explained that would continue to exclude the Department of Natural Resources, University of Wisconsin Oshkosh properties, Oshkosh Area Schools, and various other entities. Ms. Lorenson stated the issue becomes complex with different entities and jurisdiction within the community. Council Member Wojciechowski explained in the workshop there would be discussion and input. Council Member Hansen expressed her support to have the discussion within a Council meeting which allowed public input. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 10 Mr. Rohloff stated if the intent was to include public input the Council meeting would be the best option and explained staff could draft an ordinance to bring to Council. Council Member Wojciechowski explained the intent was to have a meeting separate from a Council meeting to allow stakeholders and public input. Mayor Palmeri asked if Council would prefer to have staff prepare an ordinance for a future Council meeting to allow for public input. Council Member Wojciechowski stated he would like to have input before an ordinance was presented. Council Member Ford encouraged Council members to operate within the constraints of the mandate and State Laws. Council Member Erickson suggested an informational session at 5:00 p.m. before a Council meeting to learn and discuss. Ms. Lorenson suggested to review the information from 2018; she would speak with the Madison Attorney to gain insights to bring back to Council as well as have the Police Chief provide information to Council. Mr. Rohloff stated if the topic was brought to a Council meeting, public input would be allowed. Council Member Miller asked if Council had control over the amount of the fine associated with the ordinance. Ms. Lorenson confirmed that was correct. Deputy Mayor Mugerauer stated if the goal was to have a discussion then it could be done at a Council meeting. Council Member Wojciechowski explained the goal was to review information pertaining to the legal limitations and discuss possible updates. Mayor Palmeri asked if the fee was a part of the year-end fee schedule to be updated. Ms. Lorenson explained the fee was not in the fee schedule, it was set within the ordinance. Mr. Rohloff stated he would add the topic to outstanding issues. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 11 Mr. Rohloff stated there would be 3 upcoming budget workshops on August 31, 2021 at 5:00 p.m. and October 18 & 19, 2021 (all day). Mr. Rohloff explained the facilities workshop was not scheduled and there would be additional information included from the American Disabilities Act (ADA) Accessibilities study on City facilities. Mayor Palmeri stated she would like the ADA Accessibilities study before the comprehensive report on the facilities. John Fitzpatrick, Assistant City Manager/ Director Administrative Services explained the discussion would take longer than 45 minutes to review the study and documentation. He stated the additional ADA study focused on public areas of the facilities and would assist with how to focus on priorities. Mr. Rohloff stated he would add the workshop to the outstanding issues and notify Council when a date was determined. He explained the facilities study could be provided to Council before the ADA study was completed. Mr. Fitzpatrick confirmed the facilities report was completed without the ADA study. Mayor Palmeri asked if a map of the asset inventory would be provided to Council. Mr. Fitzpatrick stated yes. Mayor Palmeri asked Council to consider other schedule options for additional meetings. Council agreed that 5:00 p.m. worked best. Mr. Rohloff explained the next Capital Improvement Program workshop was on July 27, 2021 to meet with various departments. Mr. Rohloff asked Council for input on the Brass Rail liquor license that had not been used since 2019 and suggested a non-renewal hearing. Ms. Ubrig agreed with the recommendation. Ms. Lorenson stated they had the documentation ready for the July 27th Council meeting. Council agreed to move ahead with the non-renewal hearing. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 12 Mr. Rohloff stated the subdivision code workshop was held last month and discussed the parkland dedication for multi-family. Mayor Palmeri asked about the zone change that exempted the requirement of parkland dedication. Mark Lyons, Planning Services Manager, explained if a Certified Survey Map (CSM) or plat was needed, under the current code it was required to include parkland dedication. He stated that under the base zone requirement if a CSM was needed then the parkland dedication fee would be required; if there was a base zone that allowed use, a planned development and a CSM was needed then a parkland dedication fee was required. He explained if an existing base parcel required planned development or a zone change the parkland dedication fee would not be applied. Mayor Palmeri asked how often that happened. Mr. Lyons replied most projects do not require a CSM. Deputy Mayor Mugerauer asked what the next steps were for Council. Mr. Lyons stated if the goal of the Council was to increase parkland or a fee in lieu of; the City could remove it from the subdivision code and put it in another mechanism that would be triggered regardless of the subdivision. Deputy Mayor Mugerauer asked if that was one small segment of the workshop. Mr. Lyons confirmed that was correct. Deputy Mayor Mugerauer stated the topic was more complex and the decision had multiple ripple effects that could drive up the cost of housing. He explained the goal was to have more affordable housing and not to recreate barriers for citizens or developments. Mr. Lyons stated there were the actual subdivision codes and the City policies. He explained the City’s goal was to move the subdivision ordinance forward and have more discussions regarding the policies in a workshop setting. He stated the City had an outdated subdivision ordnance that needed to be updated. Mayor Palmeri asked about the fee. Mr. Lyons stated the fee was split into two parts, half was paid at CSM and the other half was paid at building permit issuance. He explained that the two different amount were PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 13 based on the type of building either single family or multi-family units. Mayor Palmeri asked about the green space that would be considered impervious vs pervious. Mr. Lyons confirmed there were other considerations that were pervious. Council Member Miller cautioned Council with updates to what existed for developers and citizens. Mr. Lyons stated the updates would improve the standards and streamline the process. Council Member Ford asked if the Plan Commission had the ability to request parkland in specific situations. Mr. Lyons stated he would get that information. Mayor Palmeri asked about equity concerns with how the City had assigned parkland. Mr. Lyons explained after reviewing the parkland dedication study from other communities the most common practice was to apply the standard across the board. Mr. Rohloff stated the purpose of the workshop was to propose changes to the subdivision code for future adoption. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Mayor Palmeri stated she had met with the Board and Commissions Chairs. Council Member Hansen Public Arts and Beautification Committee  Mini Mural Project and two possible larger murals  Into the Night Event in October Council Member Ford asked how many liquor licenses were available. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 14 Mr. Rohloff stated there were 8 available and 2 were specified by the State Statutes. He explained there were no earmarked liquor licenses and anyone interested would contact the Clerk’s office. Council Member Ford stated that the process was to facilitate economic development and when a new business applied and met the requirements they would be approved by Council. Mr. Rohloff confirmed that was correct. Council Member Wojciechowski asked how the number of liquor licenses were defined. Mr. Rohloff explained the number of licenses was set by the State Statutes. He stated the intention was to create the pool of licenses to allow for business development. Ms. Ubrig expressed the pool gave the ability for businesses to grow within the community. Council Member Wojciechowski asked if other states follow the same process. Mr. Rohloff stated he was not aware of other states processes and that Wisconsin had different rules/regulations. Ms. Ubrig informed the Council that the owner of the Sherman House had picked up his liquor license as his business had met the requirements and inspections to open. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff explained the Professional Services Agreement with the Redevelopment Resources for Community Development Block Grant Administration ($17,000.00) would assist with administrative services. Mr. Rohloff stated staff would provide Council a summary of requests received for the American Rescue Plan Act (ARPA) funds to review. Council Member Miller encouraged Council and staff to create an equitable process for the ARPA funds. Mr. Rohloff explained he would seek general direction of what type of projects to fund from Council. PROCEEDINGS OF THE COMMON COUNCIL – JULY 13, 2021 15 Mr. Rohloff provided Council with the Room Tax Report for April. Mr. Rohloff explained the Professional Services Agreement with Hunter Security & Surveillance ($35,180.54). Mayor Palmeri asked about the special assessment report from R.A. Smith. Mr. Rohloff stated he was to meet with the consultant regarding the special assessments and would provide an update at the July 27, 2021 Council meeting. Mayor Palmeri encouraged citizens to become vaccinated. MOTION: ADJOURN (Mugerauer; second, Hansen) CARRIED: VOICE VOTE The meeting adjourned at 8:45 p.m. PAMELA R. UBRIG CITY CLERK