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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MARCH 10, 2020 REGULAR MEETING held Tuesday, March 10, 2020 at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Matt Mugerauer, Jake Krause, Bob Poeschl, Bill Miller, Deb Allison-Aasby, Mayor Lori Palmeri EXCUSED: Council Member Steven Herman ALSO PRESENT: Mark Rohloff, City Manager; Angela Joeckel, Deputy City Clerk; Lynn Lorenson, City Attorney and Allen Davis, Director of Community Development Council Member Mugerauer read the Invocation. The Pledge of Allegiance was led by MariAnna Anderson & Cody Barrett from Washington Elementary School PROCLAMATION Mayor Palmeri proclaimed March 8 through March 14, 2020 as Girl Scout Week in the City of Oshkosh. CITIZEN STATEMENTS Cheryl Hansen, 1545 Arboretum Drive, provided Council with documentation to request a future resolution regarding a constitutional amendment to clarify corporations, unions and non-profits were not people as defined under the US Constitution and that the act of spending money was not a form of speech. She explained they would begin collecting signatures in April. Jim Ponzer, 402 Baldwin Avenue, asked Council to consider free busing for all and felt it would solve the equity issue between private and public school students. PUBLIC COMMENT ON AGENDA ITEMS There were no public comments on agenda items. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 2 CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Oshkosh Public Library Board Minutes Resolution 20-93 Approve Initial Resolution for Special Assessments for Concrete Paving Relating to Contract No. 19-20 / 1810 Menominee Drive with Signed Waiver Resolution 20-94 Approve Acceptance of Waivers of Special Assessment Notices & Hearings / 1810 Menominee Drive Resolution 20-95 Approve Final Resolution for Special Assessments for Storm Sewer Lateral Relating to Contract No. 19-20 / 1810 Menominee Drive with Signed Waiver Resolution 20-96 Award Bid for Public Works Contract No. 20-06 to Al Dix Concrete, Inc. for Concrete Sidewalk (New & Rehabilitation) ($1,330,779.00) Resolution 20-97 Approve Regional Fire Department Hiring Process Agreement with Fox Valley Technical College Resolution 20-98 Ratify Purchase of Eight Truck Vehicles to Ewald Automotive Group per State Contract Cooperative Purchasing for Various Departments ($262,476.00) MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Poeschl) CARRIED: Ayes (6) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 20-99 Adopt State Clean Indoor Air Law & Regulate Electronic Smoking Devices MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (6) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Michael Dix, 15 W. Murdock Avenue, A-Z Tobacco Vapor, requested an exemption for PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 3 vaping within vapor stores. He explained the process to buy, test and verify the age of all customers. He expressed testing the product in store allowed staff to properly train customers on products. Eric Smiltneek, 1855 Hickory Lane, stated his opposition for vaping indoors. Council Member Mugerauer asked about the indoor smoking ban. Ms. Lorenson explained there was a State Statute that had not been adopted by local ordinance. Council Member Mugerauer asked if tobacco stores were allowed to use products in the store under the State Statute. Ms. Lorenson stated smoke shops were not allowed to use products indoors and explained that there were limitations regarding cigar bars. Mayor Palmeri clarified that the Clean Indoor Air Act would be adopted if approved since the City did not have an ordinance in place for indoor spaces. Ms. Lorenson responded that was correct. She stated the ordinance would adopt the Clean Indoor Air Act and that included electronic or heating devices. She explained that areas that did not allow smoking would not allow vaping. Resolution 20-100 Approve Sustainability Plan Update MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (6) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Mayor Palmeri questioned the timeline of the update. Margy Davey, 885 Portside Court, Chair of the Sustainability Board, explained that the update began in 2017, which was five years after the original adoption. She stated the entire plan had been reviewed, the next update would be in two years and the board would continue the progress. Council Member Krause thanked the board and stated that after each meeting there would be a workshop to focus on the update. Council Member Mugerauer stated his appreciation for the process and work put into PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 4 the update. He expressed his support to have all boards and departments meet once a year and discuss what had been or needed to be completed regarding sustainability. Resolution 20-101 Resolution of the Common Council of the City of Oshkosh Wisconsin, Expressing Concern over Possible Federal Action to Deport Hmong & Lao Residents (Palmeri/Poeschl) MOTION: ADOPT (Allison-Aabsy; second, Poeschl) CARRIED: Ayes (6) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Deb Martin, 164 Wyldewood Drive, expressed her support for the resolution. Mary Bakken, 1200 Wheatfield Way, stated that she supported the Hmong community. Eric Xiong, 3470 Eichstadt Road, explained his support and urged Council to support the Hmong and Lao citizens. Maiyoua Thao, 5310 N. Rosemary Drive, Appleton, expressed her support of the resolution. Molly Smiltneek, 1855 Hickory Lane, stated her support for the Hmong and Lao communities. Mee Yang, 2825 Prairie Wood Drive, explained the history of Hmong and Lao immigrants and expressed her support for the resolution. Council Member Allison-Aasby asked why immigrants would not receive citizenship. Ms. Yang explained the primary reason was the language barrier that prevented immigrants from passing the citizenship test as well as cultural differences. Mayor Palmeri asked if the individuals that committed crimes had served jail time. Ms. Yang stated immigrants that committed a crime had served time. Ms. Thao explained that the community had worked with Freedom Inc., Madison WI that assisted various communities in similar situations. She stated that any individuals that were in the Immigration and Customs Enforcement (ICE) custody or had a criminal background were unable to apply for a green card. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 5 Council Member Allison-Aasby asked if the resolution would provide time for immigrants to make a case and legislature to make a determination. Ms. Thao explained that the resolution would not stop deportation, however, the resolution would show unity with other communities that had passed it. She mentioned that a bill had been written that would allow 6 years for communities to work on cases prior to deportation. Council Member Miller stated he reached out to Senator Johnson’s office to request information regarding the topic. He stated that there had been 6 Laotians deported last year and inquired if there was a large number of individuals that would face deportation. Ms. Smiltneek confirmed there had been 6 Laotians deported and that the United States did not have a removal agreement with the countries. She explained that the administration was looking to implement a removal agreement and mentioned that was the reason for the low deportation numbers. Council Member Miller asked if there had been any legal or federal change. Ms. Smiltneek explained that the change was for an agreement with the countries. She mentioned that there was no legal requirement that an individual become a citizen. Council Member Allison-Aasby expressed her support for the communities. Mayor Palmeri thanked everyone for their courage to speak on the topic. Resolution 20-102 Approve Determination of Necessity; Approve Budget Amendment; Authorize Redevelopment Authority to Acquire 706 South Main Street ($908,000.00) MOTION: ADOPT (Mugerauer; second, Allison-Aabsy) CARRIED: Ayes (6) Mugerauer, Krause, Poeschl, Miller, Allison-Aasby, Mayor Palmeri Council Member Poeschl asked about the decision from the Redevelopment Authority (RDA). Mr. Davis explained that the RDA approved to move forward with the sale of the property. He stated the RDA discussed the future plans and staff informed the board that the property was part of the redevelopment district. He mentioned the City had worked over a decade to acquire the properties for the redevelopment. He explained the PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 6 demolition would begin based on the weather timeline to clean site. Council Member Miller questioned if the City was overpaid for the property. Mr. Davis explained that based on history the acquisition was a good deal. Council Member Poeschl inquired about the assessed value of the property. Mr. Davis explained that the developer offered the City the property at the price he paid for the property. He stated the City had the potential to benefit in the value of the property. Council Member Poeschl stated the property had a greater market value than the assessed value. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff stated the workshop on the website changes would be held on March 24, 2020 at 5:00 p.m. He encouraged Council Members to bring their technology device so the Information Technology Department could work through any concerns. Mr. Rohloff stated the workshop regarding transitional housing with the Department of Corrections (DOC) was scheduled for March 31, 2020. He explained that staff had expressed the need for Triniteam to participate in the meeting to the DOC. He explained citizens would be able to voice their concerns and to gain insight on how the site was managed. He stated that several representatives from the DOC would be at the meeting and the agenda would be shared with Council once finalized. He mentioned that there would be public input at the meeting and invitations would be sent out to the surrounding communities. He asked Council for recommendations on the duration of the meeting. Mayor Palmeri asked if the draft agenda would be provided to Council. Mr. Rohloff stated that the draft agenda would be reviewed by the DOC for topics prior to Council. Mayor Palmeri asked if Council should provide questions prior to sending the agenda to the DOC. Mr. Rohloff explained that there would be a designated time for Council to ask questions during the meeting. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 7 Council Member Allison-Aasby reminded Council that the DOC and Triniteam’s participation in the meeting was voluntarily and asked for Council to be mindful of building a partnership with these agencies. Mayor Palmeri asked if the topic was the Jefferson Street location or an overall discussion of transitional housing. Mr. Rohloff explained both would be addressed. Council Member Mugerauer suggested the start time to be 5:00 p.m. and Council agreed. Mayor Palmeri invited citizens to contact Council with any website revisions. Mr. Rohloff stated that staff would solicit public input for the website as well. Mayor Palmeri expressed her appreciation for the mobile friendly version. Council Member Poeschl explained that Council was provided a letter from the Winnebago Health Department regarding their view on conversion therapy. He requested direction on the topic and asked about the status of the Diversity, Equity and Inclusion Committee. Council Member Mugerauer stated his concerns and expressed that Council would not have enforcement capabilities without the support of the County Health Department. Council Member Krause stated his support to create an ordinance for Council to discuss. He asked if fines would be enforceable by the Oshkosh Police Department (OPD) or if they would be allowed to investigate the complaints. Ms. Lorenson explained OPD would review the complaint and then notify the Winnebago County Health Department or the Department of Safety and Professional Services (DSPS) depending on the nature of the complaint. Dean Smith, Police Chief, stated his department would be limited on investigating the claims. Council Member Miller questioned if there were complaints on conversion therapy within the City of Oshkosh. He felt that the Winnebago County Health Department should oversee the topic. Chief Smith stated no complaints related to the topic had been made. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 8 Council Member Poeschl explained the ordinance would create a structure and foundation for individuals who had experienced the issue within our community. He stated Council Members had spoken with citizens within the community who had expressed that conversion therapy was taking place and those individuals were practicing out of homes or under religion guidelines. Mayor Palmeri inquired about the age of the clients who typically receive conversion therapy. Council Member Poeschl replied the age was typically youth. Council Member Allison-Aasby expressed concerns with the enforcement at the City level and stated the abuse should be investigated by health and family services. She expressed her appreciation for the awareness and discussion on the topic however stated that the management of conversion therapy should be handled by another entity. Mayor Palmeri asked how Council would move forward. Council Member Poeschl requested an update on the Diversity, Equity and Inclusion Committee be added to the next Council meeting for discussion. He expressed his concerns with waiting on the topic and his willingness to work with either the Council or a committee. Mayor Palmeri suggested to move forward with a draft ordinance. Mr. Rohloff explained an ordinance had the force of law and had to be properly researched by staff. He stated his concerns to create an ordinance instead of a resolution. Mayor Palmeri asked if the ban on conversion therapy was a ban on the business or the extreme physical or other abuse to a child. Council Member Poeschl stated his intent was to ban the business to practice conversion therapy. Council Member Allison-Aasby questioned if Council had given staff direction to move forward to prepare an ordinance. Council Member Krause questioned if Council requested staff to move forward with an ordinance would that happen. Council Member Poeschl stated his intent was to continue with an ordinance and asked PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 9 about the mental health information that was not provided in the Council packet. Mr. Rohloff apologized and explained he would provide the information from the Substance Abuse and Mental Health Services Administration (SAMSA) to Council. Council Member Krause requested Council provide direction and stated his support for the ban on conversion therapy. Council Member Miller stated that the county should handle the issue and expressed that he did not support staff time to research the topic. Mayor Palmeri asked if Council was less equipped to enforce the issues verses the vaping issue. Council Member Mugerauer stated that the City was less equipped to handle the issue. He asked if Council Member Poeschl had discussions with supervisors on the Winnebago County Board or the Winnebago County Health Department. Council Member Poeschl stated he had conversations with the Winnebago County Health Department; who made it clear that the topic was important. He stated he had not been in contact with the county board recently, he explained he had brought the topic before the Winnebago County Board over a year ago and the topic failed to pass. Mayor Palmeri stated she had received a letter from a mental health professional that described her experience with a patient who received the conversion therapy. Mr. Rohloff mentioned that the update on the Diversion, Equity & Inclusion Committee would be added to outstanding issues for the April 14th meeting. Council Member Allison-Aasby stated her concerns with the enforcement of a potential ordinance and felt Council could come up with other approaches to assist by discussions with Winnebago County or State Legislatures. Council Member Poeschl thanked everyone for their input and explained that surrounding communities had reviewed the topic through a variety of avenues along with various regulations. Mayor Palmeri suggested Council Member Poeschl submit a draft outline on how the committee could address the issue. Council Member Poeschl agreed. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 10 CITIZENS STATEMENTS There were no citizen statements to Council. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Council Member Allison-Aasby explained three years prior, funds were designated for a strategic planning session for the Committee on Aging. She stated the committee meet the first Tuesday of each month starting at 8:00 a.m. at City Hall. She explained that the committee offered various topics that effect the aging community. She stated the committee also partners with organizations to present and discuss offered services/programs. Mayor Palmeri asked what the theme of the strategic plan was. Council Member Allison-Aasby explained that the collaboration of all entities to provide the aging committee with the tools to be successful. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the donation report was provided to Council and if there were questions to contact the department directly. Mayor Palmeri asked what department generated the donation report and questioned why Council Member Miller was a donor and a recipient of a donation. She suggested clearer descriptions on future reports. Mr. Rohloff explained that Council Member Miller covered the cost of a cell phone and IPad in the amount of $1,000. Mr. Rohloff explained the cooperative purchase of Ventek pay and display automated fee machines (AFMs) were for the Parks Department boat launches at Fugleberg, 24th Avenue and Rainbow Memorial Park. He stated there would be increased revenue with the machines and the vandalism was anticipated to subside. Mr. Rohloff stated the recovery from the network virus was still an ongoing process and explained that IT had worked on some issues with mobile devices. Mr. Rohloff stated a draft of the strategic plan had been included in the Council packet and all comments should be directed to the Assistant City Manager. He stated it would be on the next agenda for discussion and approval. PROCEEDINGS OF THE COMMON COUNCIL – MARCH 10, 2020 11 Mr. Rohloff announced that Emily Springstroh, Communications Coordinator, had submitted her resignation. He stated that staff would be debriefed and asked for Council input. Mr. Rohloff mentioned that two polling locations had changed for the upcoming elections; the Oshkosh Library replaced Webster Stanley School and the Hilton Garden Inn replaced Wittman Airport. Council Member Mugerauer inquired about the absentee voting guidelines. Ms. Joeckel explained all requested absentee ballots were mailed out on March 17th and early in-person voting started on March 18th through April 3rd. She mentioned that the City would hold early in-person voting on Saturday, March 28th from 9 am until noon. She stated a sample ballot would arrive on Friday, March 12th and be uploaded to myvotewi.gov website as well as the City website. MOTION: ADJOURN (Mugerauer; second, Poeschl) CARRIED: VOICE VOTE The meeting adjourned at 8:03 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK