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HomeMy WebLinkAbout02. Common Council Minutes1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 14, 2021 REGULAR MEETING held Tuesday, September 14, 2021 at 5:04 p.m. in Room 404, Fourth Floor, City Hall Mayor Palmeri presided. PRESENT: Council Members Courtney Hansen, Lynnsey Erickson, Michael Ford and Mayor Lori Palmeri EXCUSED: Council Members Bill Miller, Aaron Wojciechowski and Deputy Mayor Matt Mugerauer ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, and Kelly Nieforth, Director of Community Development MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS & TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR SMIITH SCHOOL REDEVELOPMENT PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION (Ford, second, Erickson) CARRIED: Ayes (4) Hansen, Erickson, Ford, Mayor Palmeri MOTION: ADJOURN (Hansen, second, Erickson) CARRIED: VOICE VOTE The meeting adjourned at 5:07 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 14, 2021 REGULAR MEETING held Tuesday, September 14, 2021 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Courtney Hansen, Bill Miller, Lynnsey Erickson, Michael Ford, Matt Mugerauer and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, and Russ Van Gompel, Finance Director Council Member Hansen read the Invocation. The Pledge of Allegiance was led by Council Member Hansen. Council Member Aaron Wojciechowski arrived at 6:04 p.m. INTRODUCTION OF POET LAUREATE Jeff Gilderson-Duwe, Director of the Oshkosh Library, introduced Thomas Cannon as the First Oshkosh Poet Laureate and explained his experience. Mr. Cannon thanked the City for creating the position and encouraged citizens to submit their poetry or writings to the Facebook page “Oshkosh Poet Laureate”. Mayor Palmeri thanked the selection committee for their work and mentioned there would be a welcome celebration on November 4, 2021 at the Oshkosh Library. PRESENTATION Jon Trautman, Lead Principal, Clifton Larson Allen, LLC (CLA), provided an overview and summary of the 2020 Comprehensive Annual Financial report. PUBLIC HEARING Resolution 21-451 Approve Final Resolution for Special Assessments for Asphalt PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 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 MOTION: ADOPT (Mugerauer, second, Hansen) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri CITIZEN STATEMENTS William Barney, 1436 W. 2nd Avenue, expressed his frustration with the Police Department. PUBLIC COMMENT ON AGENDA ITEMS Resolution 21-456 Approve Conditional Use Permit for a Communication Tower at 0 Bradley Street (Plan Commission Recommends Approval) Mayor Palmeri stated Council had received an email from Kevin Pollard with attachments. Kevin Pollard, W178N9912 Rivercrest Drive, Suite 100, Germantown, SBA Structures representative, stated SBA owned the existing cell phone structure located within 500 feet of the proposed new tower. He explained the tower had been in place since 2006 and there was a lease with AT&T (tenant) on the tower. He stated SBA objected to the conditional use permit due to the state statute required applicants to evaluate the feasibility of co- location on the existing site and establish evidence for economic burden before constructing a new tower. He stated documentation was submitted explaining AT&T had not contacted SBA regarding any issues with the site. He believed the applicant had not complied with the state statue. Deputy Mayor Mugerauer asked about the specific wording of the state statute. Mr. Pollard explained the applicant was required to contact SBA to provide an affidavit stating the economic burden of being co-locate on the existing site. He explained AT&T provided an affidavit to the City not directly to SBA. Council Member Miller asked if AT&T had gone through the Federal Communication Commission (FCC) process. Mr. Pollard stated he did not know. PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 3 Mayor Palmeri questioned if the finding of fact had been reviewed at the Plan Commission meeting. Mark Lyons, Planning Services Manager, stated City staff did receive a copy of the FCC approval. Council Member Miller asked if there would be any foreseen issues with the State. Mr. Lyons replied no. Jim Jermain, N4272 Sleepy Hollow Road, Cambridge, AT&T representative, explained the need to regularly update equipment for newer and faster technology. He explained the tower was necessary as AT&T was the FirstNet provider that was dedicated to first responders and had the ability to update the technology on a regular basis. Council Member Miller asked if Council was the final step in the process. Mr. Jermain stated he believed so. Paul Jonas, Michael Best & Friedrich LLP, 2445 N. Harding Boulevard, Wauwatosa, representative for Harmoni Towers, stated the letter from AT&T to SBA dated January 23, 2019 explained that several economic and operational reasons why AT&T’s presence on SBA’s Tower was not feasible. Andrew Flowers, 5905 Fairview Avenue, Downers Grover, IL, Senior Real Estate and Construction Manager, AT&T, stated he was responsible for the network maintenance on the new towers or updates on the existing facilities. He explained the new tower would increase user capacity and increase updated equipment to allow for better service to customers. He stated the tower would be built for multiple carriers to use and that approval had been issued from the FCC. He explained the plan would be to have the site operational before July 2022. Mayor Palmeri asked if the applicant had provided the required documentation to the Plan Commission. Mr. Lyons responded yes. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 4 Receipt & Filing of Oshkosh Public Library Minutes from July 29, 2021. Receipt & Filing of Oshkosh Public Museum Minutes from August 5, 2021. Receipt & Filing of the Common Council Minutes from August 24, 2021. Receipt of Claim filed with the City’s Insurance Company: A) Robin Boegh for alleged damages to vehicle from street signs blowing over B) Greg Herlihy for alleged damages to vehicle from a pothole C) Debra Hughes for alleged damages to vehicle from paint in the road D) Sharon Schmidt for alleged damages to vehicle from street sweeper debris Resolution 21-452 Approve Amendments to 2021 Operating Budget – Pollock Pool Concessions & Parks Revenue Facilities Concessions Resolution 21-453 Approve Purchase of Lighting Poles & Fixtures to Pacific Lighting & Standards Company & TAPCO for the Pioneer Riverwalk Project No. 21-18 ($92,395.70) Resolution 21-454 Approve Fire Department Hiring Process Agreement with National Testing Network Resolution 21-455 Approve Change Order No. 1 for Public Works Contract No. 21-06 Concrete Sidewalk (New & Rehabilitation) / Al Dix Concrete, Inc. (+$24,635.76) Resolution 21-456 Approve Conditional Use Permit for a Communication Tower at 0 Bradley Street (Plan Commission Recommends Approval) Resolution 21-457 Approve Specific Implementation Plan Amendment for a Drive thru Lane Addition at 1580 South Koeller Street (Plan Commission Recommends Approval) Resolution 21-458 Disallowance of Claim by Greg Herlihy Resolution 21-459 Disallowance of Claim by Nathan Gruszynske Resolution 21-460 Disallowance of Claim by Sharon Schmidt Resolution 21-461 Approve Appointments to the following Boards & Commissions: Plan Commission & Library Board PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 5 Resolution 21-462 Approve Agent Change for Combination “Class B” & Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Ford, second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-463 Amend Landmarks Commission Ordinance to Correct Code References MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Ordinance 21-464 Amend Ordinance for Streets to Remain Open during Course of Excavation Work to Authorize the Director of Public Works to Approve Closures Necessary for Emergency Work or to Allow for Safe Conditions for Workers MOTION: ADOPT (Mugerauer; second, Miller) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Deputy Mayor Mugerauer asked for an explanation of the approval process. James Rabe, Director of Public Works, explained the ordinance authorized staff to approve closures. Ordinance 21-465 Amend Ordinance 25-104.2 to Provide an Administrative Process for Variances for Unusual Conditions to be Granted from the City’s Access Control Ordinance with Appeal to Plan Commission MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Mayor Palmeri asked for a summary of the amendment. Mark Lyons, Planning Services Manager, stated the ordinance allowed staff to approve when appropriate and when additional input was necessary the application would go to PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 6 the Plan Commission. Mayor Palmeri questioned if this applied to residential and commercial properties. Mr. Lyons confirmed. Council Member Ford explained the ordinance would remove the $100.00 fee for applicants. Mr. Lyons confirmed the ordinance would remove the additional application fee for an access control variance. Ordinance 21-466 Amend Building Ordinance to Correct Administrative Code Reference MOTION: ADOPT (Erickson; second, Mugerauer) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Ordinance 21-467 Amend Ordinance for Marijuana Possession Penalties – Adult MOTION: ADOPT (Wojciechowski; second, Erickson) CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mayor Palmeri Noes (1) Mugerauer Council Member Ford thanked City staff and the Police Chief for their work on the ordinance and stated his support to reduce the fine to $75.00. Resolution 21-468 Approve 2022-2026 Capital Improvement Plan MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Council Member Ford stated he had received an email regarding reprioritizing items in the Capital Improvement Plan and provided the suggestions to City staff. He expressed his support of the plan. Deputy Mayor Mugerauer explained he was in support of the Capital Improvement Plan. PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 7 Mayor Palmeri asked if the plan included the City to use ARPA funds for projects. Mr. Van Gompel explained the plan did not include a commitment to a specific funding source. He mentioned that he did not recommend various items be funded by debt and suggested Council discuss other funding opportunities. Mayor Palmeri asked why various items were not recommended. Mr. Van Gompel stated the beach house would be a debt worthy project. Council Member Ford mentioned the Police and Fire had been funded through intergovernmental revenues. Mr. Rohloff stated the County had funded the radios in the past. He explained City staff would continue to pursue outside funding sources and that he would provide a plan to Council of possible funding. Mayor Palmeri questioned why Spaces A and B on Ripple Avenue were prioritized ahead of a park acquisition. Mr. Rohloff explained the parks had been identified on the west side by the Advisory Parks Board. Mayor Palmeri stated the Central City Park space was identified in 2010 by the Advisory Park Board. Mr. Rohloff explained the Advisory Park Board identified the Central City Park as a priority in 2021. Mayor Palmeri asked if the City would consider using electric vehicles. James Rabe, Director of Public Works, explained City staff would continue to review the options available on an annual basis. Mayor Palmeri asked if the City had the infrastructure for charging stations and staffing. Mr. Rabe stated the City did not have the infrastructure in place for charging stations or staff trained to repair electric vehicles. He mentioned the purchase of electric vehicles would be a long term plan. Mayor Palmeri asked about the electric buses. PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 8 Council Member Erickson explained the new hybrid buses were being reviewed for functionality. Mr. Rohloff stated the City would continue to evaluate the possibilities. Resolution 21-469 Expand Capital Improvement Plan to include 2027–2031 Public Works Projects MOTION: ADOPT (Erickson; second, Mugerauer) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Deputy Mayor Mugerauer asked for a summary of the expansion. James Rabe, Director of Public Works, explained the federal infrastructure package and programs through the State Department of Transportation could fund projects that would be outside of the 5 year plan. Deputy Mayor Mugerauer thanked City staff for the work and explanation. Mr. Rabe stated the engineering department would work with the Geographic Information System (GIS) staff to include an interactive map for the website to include the projects and timelines. Mayor Palmeri asked about the climate and sustainability plan to include infrastructure to support new endeavors. Mr. Rabe explained the main focus was construction and staff would continue to review the plan. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri asked Council if they wanted future Council meetings to be virtual or in- person. Council Member Ford stated his support to continue in-person meetings. Deputy Mayor Mugerauer expressed his support for in-person meetings. Mayor Palmeri stated her support of in-person meetings and asked if there was an option PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 9 to change the configuration should a large group be anticipated. Mr. Rohloff explained that staff could change the room arrangement if necessary. Mayor Palmeri asked if virtual participation would continue to be an option. Mr. Rohloff confirmed it would be an option. Mayor Palmeri mentioned the Joint Workshop with the Landmarks Commission, Diversity, Equity & Inclusion Committee and the Advisory Parks Board regarding Chief Oshkosh on September 20, 2021 at 2:00 p.m. She reminded the Council of the upcoming Budget Workshops on October 18 and 19, 2021 from 8:00 a.m. to 4:30 p.m. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Miller Convention and Visitors Bureau  RFP for Rebranding Campaign  Final Report from Robert Brooks Assessment was received  Hiring New Staff – Community Partnership Coordinator Council Member Ford Committee on Aging • Continue Meeting In-Person • Upcoming Senior Expo on October 5, 2021 9:00 a.m. – 1:00 p.m. at the Expo Center Council Member Hansen Traffic & Parking Advisory Board • Removal of No Left Turn on Jackson Street Mayor Palmeri Advisory Parks Board • Discussed Memorial Plaques and Liberty Tree • 55+ $5.00 Reduction for Annual Boat Launch Permit • Building Progress with the Four Seasons Building • 12 Memorial Trees were Planted that were grant funded PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 10 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff explained the Professional Services Agreement with Short, Elliot, Hendrickson, Inc. (SHE) for needs Assessments and Pre-Design Layout Services for the Oshkosh Fire Department ($48,825.00), Cooperative Purchase of Vehicle Detection Camera Systems for the Jackson Street Corridor Plan & the Murdock/Wisconsin Intersection ($58,560.00), and a utility box wrap pilot program with downtown Oshkosh Business Improvement District (BID) to wrap the utility boxes with historical photos of Oshkosh. Mayor Palmeri asked why the City would remove the wrap after one year. Mr. Rohloff stated the City would evaluate the condition of the wraps. Mr. Rohloff stated the 2022 agreement with tactical athlete health and performance institute LLC (Rebound) for injury recovery and cost containment services ($74,475.00) provides employees who were involved in an accident to expedite their care. Mayor Palmeri asked how this would be different than when a provider was contacted. Mr. Rohloff explained the service provided inside access to provider schedules. Mr. Rohloff stated he provided Council with a summary of projects for the American Rescue Plan Act (ARPA) Funding input from various sources. He thanked all of the citizens and businesses for the recommendations and suggestions. He stated the Council could add suggested projects. He believed funds be set aside for future unknown issues such as lost revenue. Mayor Palmeri asked if the citizens input included the individual applications and the survey. Mr. Rohloff stated the summary included input received by email or mailed to the City. He explained the Polco survey had not been added and stated that the public input sessions were poorly attended. He stated that once the list was brought to Council to vote on, citizen participation was welcomed. Council Member Ford provided Council a document with suggests on how to prioritize infrastructure projects that were in the CIP, allowable projects and programing, census tracks impacted by COVID-19 and minimize conflict and overlapping projects. He suggested the City not create new programs with ongoing expenses. He stated Council would not want to create structural deficits and suggested to spread the dollars out through 2024. He asked Council to consider how they would decide on infrastructure PROCEEDINGS OF THE COMMON COUNCIL – SEPTEMBER 14, 2021 11 verses funds be applied to projects based on public input. Council Member Erickson suggested equity within the guiding principles and asked how funding would assist citizens impacted by COVID-19. Mayor Palmeri shared information that the League had regarding equity and qualified census track, database, collaborative efforts. She stated some municipalities were waiting to see what the infrastructure package could assist with prior to using ARPA funds. Mr. Rohloff stated he would provide the Governor’s memo to Council. Mr. Rohloff explained the third quarter goals would be presented to Council at an upcoming meeting. He stated the Convention and Visitor Bureau (CVB) received the complete report from the Destination Assessment, City staff and the CVB were working to identify the goals, and would create a stakeholder group that would include City staff. Mayor Palmeri asked about the special assessments discussion and the lifeline rates. Mr. Rohloff explained RA Smith would be at future Council meeting to provide an overview of the findings and possible rates. Mayor Palmeri asked if Council could receive the presentation ahead of the meeting. Mr. Van Gompel stated the Lifeline water rates structure was put on hold due to the Clearwell project construction approval process with the Public Service Commission. He explained the project would have to be a part of the rate base application before moving forward. Mr. Rohloff stated there was no COVID 19 update. Mayor Palmeri stated the City of Oshkosh was in the 40 percentile of fully vaccinated and testing was be available at Sunnyview. MOTION: ADJOURN (Mugerauer, second, Hansen) CARRIED: VOICE VOTE The meeting adjourned at 7:53 p.m. PAMELA R. UBRIG CITY CLERK