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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MARCH 24, 2020 REGULAR MEETING held Tuesday, March 24, 2020, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Member Jake Krause, Bob Poeschl, Bill Miller, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Angela Joeckel, Deputy City Clerk, and Lynn Lorenson, City Attorney Council Member Krause read the Invocation. The Pledge of Allegiance was led by Council Member Krause. NEW ORDINANCE Ordinance 20-104 Temporarily Amend Council Rules Pertaining to Public Comment & Appearance at Council, Board & Commission Meetings in Response to COVID-19 Coronavirus Emergency (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES FOR CONSIDERATION (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Mayor Palmeri asked if Council Members had questions or concerns with the ordinance. Council Member Poeschl questioned when the ordinance would expire. Ms. Lorenson stated the expiration would be when the declaration of emergency ended. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 2 Council Member Allison-Aasby asked for clarification. Mr. Rohloff stated he would not deny boards or commissions to bring items to Council during the pandemic. Mayor Palmeri asked when a decision would be made for items to be on an agenda or not. Mr. Rohloff stated he would review and advise whether or not an item would appear on the agenda. Mayor Palmeri explained citizens would need to submit their written questions or statements to Council during the pandemic as they were unable to attend meetings in person. PUBLIC HEARINGS Resolution 20-105 Approve and Authorize Submittal of City of Oshkosh CDBG 2020-2024 Consolidated Plan MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Mayor Palmeri questioned the deadline for citizens to give comments on the plan. Allen Davis, Director of Community Development stated the deadline was the week of April 13, 2020. Resolution 20-106 Approve Submittal of 2020 Community Development Block Grant Action Plan MOTION: ADOPT (Allison-Aasby; second, Miller) CARRIED: Ayes (6) Krause, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri; Present (1) Poeschl Council Member Poeschl stated he would vote present due to his employment with the Oshkosh Housing Authority. Resolution 20-107 Approve the 2020 Citizens Participation Plan as an Element under the Community Development Block Grant Program PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 3 MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Resolution 20-108 Accept & Approve 2020 Analysis of Impediments to Fair Housing Choice as an Element of the Community Development Block Grant Program MOTION: ADOPT (Poeschl; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Deputy Mayor Herman asked for a summary of the Community Development Block Grant (CDBG) funds for 2020. Allen Davis, Director of Community Development, explained the funds were federal funds the City had received. He stated it was important for citizens to complete the Census information as it determined the amount of funds the City would receive. He explained the funds would be used to assist with affordable housing, housing rehabilitation and administrative fees. Mayor Palmeri questioned if the resolution could be amended at a later date due to the pandemic. Mr. Davis stated it could be changed, however, the Housing and Urban Development Agency (HUD) stated it would be a 90-120 day process for the changes to be completed. Council Member Poeschl asked if public comments would be allowed. Mr. Davis explained when surveys were completed, Council would be provided that information. CONSENT AGENDA Report of Bills by the Finance Director. Receipt and Filing of Oshkosh Public Museum Board Minutes from January 29, 2020. Receipt of Claims filed with the City’s Insurance Company: A) Marlee Misco for alleged damages to vehicle from a city grader PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 4 Resolution 20-109 Approve 2021-2022 Strategic Plan Resolution 20-110 Amend Museum Membership Budget Resolution 20-111 Approve Amendment to Agreement for Professional Services Related to Landscape Design Services for the Oshkosh Museum / Engberg Anderson Architects ($13,495.00) Resolution 20-112 Approve Initial Resolution for Special Assessments / Contract No. 20-07 / 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) A) Washington Avenue (Lake Shore Drive to Hazel Street) B) North Meadow Street (Witzel Avenue to Southland Avenue) C) North Eagle Street (Witzel Avenue to Southland Avenue) Resolution 20-113 Award Bid for Public Works Contract No. 20-05 to PTS Contractors, Inc. for Oregon Street Reconstruction, Utilities & Patching (West 21st Avenue to West 28th Avenue); West 28th Avenue Utilities & Asphalt Paving; Congress Avenue Utilities & Patching; & West 28th Avenue Pump Station Upgrades ($11,561,617.97) Resolution 20-114 Approve Agreement for Professional Services Related to Construction of City Contract No. 20-05 Work Unit B – West 28th Avenue Pump Station Upgrades / Jacobs Engineering Group ($445,775.00) Resolution 20-115 Approve Purchases of Traffic Signal Equipment to TAPCO and Lighting Poles & Fixtures to Enterprise Lighting LTD for the Oregon Street Reconstruction Project 20-05 ($97,643.56) Resolution 20-116 Approve Professional Services Agreement for Construction Materials Testing for the 2020 Capital Improvement Program (CIP) Professional Service Industries, Inc. (PSI) / ($81,475.00) Resolution 20-117 Approve Change Order No. 2 for Public Works Contract No. 19-05 Oregon Street (West 16th Avenue to West 21st Avenue) Reconstruction PTS Contractors, Inc. (-$115,960.56) Resolution 20-118 Approve Change Order No. 2 for Public Works Contract No. 19-04 Hazel Street (Washington Avenue to East Irving Avenue) PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 5 Reconstruction, Fernau Court Paving & Pearl Avenue Paving Dorner, Inc. (-$86,208.44) Resolution 20-119 Approve & Submit Wisconsin Department of Natural Resources 2019 Storm Water Program Annual Report Resolution 20-120 Approve Purchase of Manhole / Inlet Castings for the Streets Division of the Department of Public Works ($26,806.00) Resolution 20-121 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 1004 South Main Street ($119,000.00); Approve Budget Amendment Resolution 20-122 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 1628 Liberty Street ($26,500.00) Resolution20-123 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 422 Otter Ave ($15,000.00) Resolution 20-124 Authorize the Submission of a Wisconsin Economic Development Corporation Grant Application for the Community Development Investment Grant Program on Behalf of Merge Urban Development Group & Eric Hoopman of Gibson Social Club; Accept Funds Resolution20-125 Approve Agreement for Land Sale of Southwest Industrial Park Land to LYCON, Inc. ($1,042,800.50) Resolution 20-126 Approve Conditional Use Permit for an Outdoor Storage Use at 3010 Bradley Street (Plan Commission Recommends Approval) Resolution 20-127 Approve Change Order No. 1 with LinnCo for additional Demolition in the East 700 Block of South Main Street (+$242,100); Approve Amendment to Professional Service Agreement with AECOM for Demolition Management &Environmental Issues in the East 700 Block of South Main Street (+$40,820); Approve Budget Amendment Resolution 20-128 Award Bid to Statz Restoration for Exterior Rehabilitation for the Public Museum Carriage House ($67,700.00) Resolution 20-129 Approve Agreement with Pentira, LLC for Database Subscription Software & Support for GO Transit 2020-2022 ($102,000.00) PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 6 Resolution 20-130 Approve Professional Services Proposal to Northland Recreation for Playground Design & Installation for Congress Avenue Tot Lot ($170,000.00) Resolution 20-131 Approve Special Event – Bago Walleye Club to utilize Menominee Park Millers Bay & Gazebo area for the Bago Walleye Club Invitationals / May 3, May 31, June 28 & July12, 2020 Resolution 20-132 Approve Special Event – Paine Art Center & Gardens to utilize Algoma Boulevard & Congress Avenue for the Festival of Spring/ May 16, 2020 Resolution 20-133 Approve Special Event – Oshkosh Into the Night to utilize Opera House Square, Market Streets & High Avenue for the Into the Into the Night Events / May 21 & October 2, 2020 Resolution 20-134 Approve Special Event – Vietnam Veterans of American Chapter 437 to utilize City streets for the Oshkosh 4th of July Parade / July 4, 2020 Resolution 20-135 Approve Special Event – Life Promotions to hold Lifest at the Sunnyview Exposition Center & to utilize Winnebago County Community Park for Lifest Parking & 5K / July 9 – 12, 2020 Resolution 20-136 Approve Special Event – Paine Art Center & Gardens to utilize Algoma Boulevard & Congress Avenue for the Faire on the Green / July 12, 2020 Resolution20-137 Approve Special Event – Oshkosh Yacht Club to utilize Menominee Park for the Oshkosh Yacht Club’s Extreme Regatta / July 13 & 14, 2020 Resolution 20-138 Approve Special Event – Business Improvement District Consortium to utilize Market Street & Opera House Square for the Downtown Chalk Walk / August 1, 2020 Resolution 20-139 Approve Special Event – Alzheimer’s Association to utilize Menominee Park, Menominee Drive & Hazel Street for the Walk to End Alzheimer’s / September 26, 2020 Resolution20-140 Approve Special Event – Kelly’s Bar to hold their Graduation Beer Garden / May 15 & 16, 2020 Resolution 20-141 Grant Noise Variance Request / Kelly’s Bar / 219 Wisconsin Street for PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 7 Amplified Music Until Midnight at Beer Garden / May 15 & 16, 2020 Council Member Mugerauer stated his support for all the special events and he appreciated the organizers for continuing to move forward. Council Member Allison-Aasby questioned if the additional language was added to the resolutions to explain that the City had the discretion to cancel the event due to the pandemic. Mr. Rohloff stated all the event organizers had been informed of the circumstances. Dean Smith, Police Chief, explained that if the Governor’s order was in place at the time of the events, they would be cancelled. Resolution 20-142 Approve Special Class “B” Licenses Council Member Herman asked to pull Resolution 20-111. Council Member Miller requested to pull all items out of the consent agenda that pertained to spending City funds. He stated he would discuss the items individually as he wanted to be cautious when spending funds during the pandemic. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS: 20-111, 20-112, 20-113, 20-114, 20-115, 20-116, 20-120, 20-121, 20-122, 20-123, 20- 127, 20-128, 20-129, 20-130 (Mugerauer; second Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Resolution 20-111 Approve Amendment to Agreement for Professional Services Related to Landscape Design Services for the Oshkosh Museum / Engberg Anderson Architects ($13,495.00) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Krause, Poeschl, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri; Noes (1) Miller Council Member Miller stated he did not support spending funds on non-essential items. Mayor Palmeri stated her concerns and suggested a 30 day delay on non-essential spending. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 8 Council Member Mugerauer questioned the ramifications of the delay. Mr. Rohloff stated there were no contractual obligations; however, his concerns were with the expiration of the bids and if that time had lapsed, the City would need to be rebid which could come in higher. He mentioned he disagreed with delaying street projects. Council Member Mugerauer stated his support for move forward with road projects. James Rabe, Director of Public Works, provided Council with an analysis of the condition of the City streets and recommended not to delay street projects. Mr. Rohloff requested that Council review the memo in the agenda packet which addressed the museum issue and the landscape work related to foundation repair due to flooding. Mayor Palmeri asked about the travel within the bid. Mr. Rohloff explained the travel would be for the landscaper to do site work as necessary. Council Member Miller questioned if the work referred to was foundation repair for drainage. Mr. Rohloff explained that was correct and this was not aesthetic landscaping, it was functional drainage for the museum property. Council Member Allison-Aasby stated the travel totaled $270.40 for mileage. Resolution 20-112 Approve Initial Resolution for Special Assessments / Contract No. 20- 07 / 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) A) Washington Avenue (Lake Shore Drive to Hazel Street) B) North Meadow Street (Witzel Avenue to Southland Avenue) C) North Eagle Street (Witzel Avenue to Southland Avenue) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Deputy Mayor Herman proposed to suspend the special assessments bills for one year to reduce the financial burden on citizens during the COVID-19 pandemic. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 9 James Rabe, Director of Public Works, suggested the deferment of the 2019 projects and that the Council could reassess the situation for the 2020 calendar year if needed. Mr. Rohloff stated that Council would need to amend the policy and recommended to proceed with the initial resolution. Russ Van Gompel, Director of Finance, stated the City was secure with cash flow and suggested not to certify the 2019 and 2020 projects. Deputy Mayor Herman asked if a resolution would be needed to notify the property owners of the delay. Mr. Rabe stated there would need to be a resolution to temporarily amend the policy which would be added to a future meeting. Council Member Mugerauer suggested to move forward with the initial resolution and add a resolution for the amendment on a future agenda. Council Member Allison-Aasby questioned if the deferred assessment would be applied to all property types. Mr. Van Gompel recommended the deferment only be a one year amendment. He expressed anything more than a year would have an impact to the City financially. Mr. Rohloff stated that staff would research and discuss variables with timeframes before a resolution was presented. Council Member Allison-Aasby expressed that she did not support relieving a full year of assessments, if the shutdown would only last a short time. Council Member Mugerauer asked about the consequences of not approving the resolution. Ms. Lorenson stated Council would not move forward with the process to levy assessments. She explained that a Council member that voted in the majority could bring the resolution back at a later date. Mr. Rohloff explained that the hearing was postponed for a later date so the public would have a chance to ask questions or comments. He stated that the engineering department had notified property owners of the change. He recommended to proceed with the initial resolution and staff would wait until the appropriate time to schedule the hearing. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 10 Resolution 20-113 Award Bid for Public Works Contract No. 20-05 to PTS Contractors, Inc. for Oregon Street Reconstruction, Utilities & Patching (West 21st Avenue to West 28th Avenue); West 28th Avenue Utilities & Asphalt Paving; Congress Avenue Utilities & Patching; & West 28th Avenue Pump Station Upgrades ($11,561,617.97) MOTION: ADOPT (Mugerauer; second, Poeschl) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Mayor Palmeri suggested to delay the resolution for 30 days. Council Member Miller asked what the ramifications were if the project was delayed. James Rabe, Director of Public Works, stated the delay to approve the resolution would put it outside the bid validity date and the project would need to be rebid which would then delay the project further and explained the cost had the potential to rise significantly. Council Member Miller questioned the start date for the project. Mr. Rabe stated the contractor would like to start as soon as possible. He explained that a pre-construction meeting would be schedule after the Council meeting if the resolution was approved. Mayor Palmeri asked what the Pavement Surface Evaluation and Rating (PASER) rating was for the section from 21st Avenue to 28th Avenue. Mr. Rabe stated the range was around the 3-5 and explained there would be various improvements completed in the area. Council Member Allison-Aasby questioned when the sewer had been installed. Mr. Rabe stated he was unsure of the installation date; however, the repair/replacement was not about a condition issue instead capacity issue. He explained the City had a residential development that had been restricted due to the inability to provide the capacity. Council Member Allison-Aasby asked what type of paving would be installed. Mr. Rabe explained Oregon Street would be concrete paving and 28th Avenue would be asphalt paving. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 11 Council Member Miller asked if the project would solve the restrictions along Highway 41. Mr. Rabe stated that long term effects would assist with the restrictions along Highway 41 and the frontage road developments. Mayor Palmeri questioned if the main goal of the project was the development. Mr. Rabe stated the development was in the forefront of the project and the project would have a larger effect to the community. Mayor Palmeri reiterated delaying the project for 30 days would change the timeline of the project. Mr. Rabe stated that was correct. Council Member Miller questioned if the project could be minimized. Mr. Rabe explained it could not be minimized with the bid process completed. Council Member Miller questioned where the project ranked on the list of projects that needed to be completed. Mr. Rabe stated there were four resolutions on the agenda that were tied together and all had aspects that would impact the project. Deputy Mayor Herman asked about the Department of Natural Resources (DNR) involvement and if the project were delayed how would that impact the DNR. Mr. Rabe explained that the DNR permits would remain valid with a 2-3 month delay. Council Member Mugerauer suggested to layover a few resolutions instead of dismissing them. He stated the project was included in the CIP which were important projects to be approved. Russ Van Gompel, Director of Finance, shared in his previous experiences that when elected bodies decided to not elect the bid, it was rare to get a lower price to complete the process. Council Member Allison-Aasby questioned during the economic downfall in 2008-2009, were road construction projects halted. Mr. Rabe stated the City had accelerated their road construction during that time and the PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 12 City received competitive bids. Council Member Miller stated he would support the projects and thanked staff for the information. Council Member Krause questioned how many staff hours would be required to rebid a project. Mr. Rabe stated it would involve minor modifications to the documentation to change dates, the cost would be associated with advertising the bids and contractors time to reassess the areas. Mayor Palmeri thanked everyone for their comments. Resolution 20-114 Approve Agreement for Professional Services Related to Construction of City Contract No. 20-05 Work Unit B – West 28th Avenue Pump Station Upgrades / Jacobs Engineering Group ($445,775.00) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Resolution 20-115 Approve Purchases of Traffic Signal Equipment to TAPCO and Lighting Poles & Fixtures to Enterprise Lighting LTD for the Oregon Street Reconstruction Project 20-05 ($97,643.56) MOTION: ADOPT (Poeschl; second, Mugerauer) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Resolution 20-116 Approve Professional Services Agreement for Construction Materials Testing for the 2020 Capital Improvement Program (CIP) Professional Service Industries, Inc. (PSI) / ($81,475.00) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Resolution 20-120 Approve Purchase of Manhole / Inlet Castings for the Streets Division of the Department of Public Works ($26,806.00) PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 13 MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Deputy Mayor Herman asked if the purchase was for inventory for regular maintenance. James Rabe, Director of Public Works, stated that was correct. Resolution 20-121 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 1004 South Main Street ($119,000.00); Approve Budget Amendment MOTION: ADOPT (Mugerauer; second, Poeschl) MOTION: LAYOVER FOR 30 DAYS (Mayor Palmeri; no second) LOST: LACK OF SECOND VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer; Noes (1) Mayor Palmeri Council Member Miller asked for an overview on the project. Allen Davis, Director of Community Development, explained the property was within the Sawdust District and that the City had an opportunity to purchase land at assessed value. Council Member Miller stated that in the past the City had purchased land at approximately $31.00 per square foot and asked if that was accurate. Mr. Davis stated that was accurate. Council Member Miller asked what the City would be pay per square foot for the Main Street property. Mr. Davis stated approximately $15.00 per square foot. Council Member Miller stated that the City would purchase the property at half the price. Mr. Davis stated that was correct and mentioned if the Council did not approve, the 30 day process of notification would need to be redone, the Redevelopment Authority (RDA) would need to meet again prior to it coming back to Council for approval. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 14 Mayor Palmeri suggested to layover the resolution for 30 days and asked what the delay would do to the project. Mr. Davis stated that the property owner would need to agree to the layover, the RDA meeting would need to be rescheduled and then brought back to Council. Council Member Mugerauer questioned the funding source. Mr. Davis explained the funds would come from the Capital Improvement Plan for acquisition and demolition of blighted properties. Council Member Mugerauer questioned if the funds used would be City funds or Federal Grant funds. Mr. Davis informed him the funding used would be City funds and stated that the next two resolutions were funded by Federal Grants. Deputy Mayor Herman questioned if the building would be torn down. Mr. Davis explained that the City would wait a year for the demolition portion. Resolution 20-122 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 1628 Liberty Street ($26,500.00) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Council Member Miller asked for an explanation of the resolution. Mr. Davis stated Council had given direction to address code violation properties for elimination and explained that Community Development Block Grant funds would be used. He stated that the properties at 1628 Liberty Street and 422 Otter Street were in that category. He explained that Federal Grant funding would be used and if those funds were not used, the City would be required to return the funds. Resolution20-123 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 422 Otter Ave ($15,000.00) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 15 Resolution 20-127 Approve Change Order No. 1 with LinnCo for additional Demolition in the East 700 Block of South Main Street (+$242,100); Approve Amendment to Professional Service Agreement with AECOM for Demolition Management &Environmental Issues in the East 700 Block of South Main Street (+$40,820); Approve Budget Amendment MOTION: ADOPT (Mugerauer; second, Miller) MOTION: LAYOVER FOR 30 DAYS (Mayor Palmeri; second, Miller) LOST: Ayes (2) Miller, Mayor Palmeri; Noes (5) Krause, Poeschl, Allison-Aasby, Herman, Mugerauer VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer; Noes (1) Mayor Palmeri Council Member Miller asked for a summary of the property. Allen Davis, Director of Community Development, stated the amendment was to add the demolition portion to the property. He mentioned his concerns with the delay was the increased cost for the demolition. Council Member Miller questioned what the ramifications would be if approval was postponed. Mr. Davis explained his fear would be that the price would rise considerably. He stated that Rec Lanes and the Pro Shop would start demolition soon as there were concerns with the adjoining roof. Deputy Mayor Herman questioned if there were underground storage tanks found as mentioned in the memo. Mr. Davis stated that was true. He stated the storage tanks were found during phase one of the demolition and there were more tanks than originally indicated. Deputy Mayor Herman questioned if all of the elements added to the cost of the project that were not originally anticipated. Mr. Davis stated that was correct. Council Member Mugerauer stated his concerns with the cost if the project was delayed and PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 16 he did not support the delay. Deputy Mayor Herman stated that he did not support a delay. Council Member Poeschl questioned whether there would be a potential change order. Mr. Davis explained there could be a change order due to the unknown. Council Member Poeschl asked if the amount included the demolition and removal of the tanks. Mr. Davis confirmed it did include all the aspects known. Council Member Poeschl questioned if the DNR had been involved. Mr. Davis explained the City worked with the DNR to ensure proper disposal of the tanks for documentation. Council Member Miller questioned about the potential of additional cost to the project. Mr. Davis explained unforeseen items could arise once the foundation was removed. Resolution 20-128 Award Bid to Statz Restoration for Exterior Rehabilitation for the Public Museum Carriage House ($67,700.00) MOTION: LAYOVER UNTIL THE APRIL 14, 2020 COUNCIL MEETING (Palmeri; second, Miller) CARRIED: Ayes (6) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mayor Palmeri; Noes (1) Mugerauer Mr. Rohloff recommended Council layover the item if there were questions. Resolution 20-129 Approve Agreement with Pentira, LLC for Database Subscription Software & Support for GO Transit 2020-2022 ($102,000.00) MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Poeschl, Miller, Allison-Aasby, Herman, Mugerauer, Mayor Palmeri Mr. Rohloff explained the three year contract was for ongoing maintenance. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 17 Mayor Palmeri questioned what the impact would be if Council decided to layover. Mr. Rohloff explained the software support was needed as the contract would expire. Mayor Palmeri reiterated that it was a three year contract. Mr. Rohloff stated that was correct and it would be $34,000.00 per year. Resolution 20-130 Approve Professional Services Proposal to Northland Recreation for Playground Design & Installation for Congress Avenue Tot Lot ($170,000.00) MOTION: ADOPT (Herman; second, Mugerauer) MOTION: LAYOVER FOR 30 DAYS (Miller; second, Mayor Palmeri) LOST: Ayes (3) Poeschl, Miller, Mayor Palmeri; Noes (4) Mugerauer, Krause, Allison-Aasby, Herman VOTE ON THE ORIGINAL RESOLUTION CARRIED: Ayes (5) Krause, Poeschl, Allison-Aasby, Herman, Mugerauer; Noes (2) Miller, Mayor Palmeri Deputy Mayor Herman asked if the neighborhood associations would use grant dollars towards the proposal. Allen Davis, Director of Community Development, explained yes. Mayor Palmeri questioned if the price included the design and installation. Mr. Davis stated he believed the design had been completed and explained the City had worked with the neighborhood associations. Mayor Palmeri stated the playgrounds within the City had closed and questioned whether or not the project would be redesigned. Mr. Rohloff stated when the City had worked with the contractors and neighborhood associations within the budget perimeters provided. He explained the neighborhood association made the final determination on the design. Council Member Miller stated he recalled the process included getting three designs and then allowed the neighborhood associations to decide. He felt the project was not a PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 18 community necessity at this time. Council Member Poeschl questioned staff discussion regarding the project. Mr. Davis stated that there had been five options presented to the neighborhood association, a decision had been made and he did not anticipate any issue with laying over the resolution. He stated the downfall to a delay in the project would be that the playground would not be ready for Rock the Block. Mayor Palmeri stated the project was just one piece of Rock the Block in the neighborhood. Mr. Davis stated that was correct. Deputy Mayor Herman questioned if the Governor’s order had been in place would that change the project. Mr. Rohloff stated that the work would move forward, however, if the order was in place the playground would not be used. Council Member Poeschl stated he had received an email from a citizen that questioned whether or not the improvement would address the extreme wetness in that area. Mr. Rohloff explained that all City parks had a concrete base and he was not aware of drainage issues. Mr. Rabe stated the University had discussions to improve drainage on the lot and had requested information from the engineering division. He stated he was not currently aware of the plan and based on requests received, it indicated there would be improvements in the future. Council Member Mugerauer stated he had received emails from citizens and thanked neighborhood associations for their involvement to improve the community. He expressed his support. Council Member Allison-Aasby stated the project had been accounted for in the Capital Improvements Budget and shared her support. Mayor Palmeri stated she supported the delay. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 19 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff stated that workshops on the City website changes and the Department of Corrections Transitional Housing had been postponed and citizens were notified. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Mayor Palmeri stated her appreciation for the COVID-19 updates that had been posted daily on the City website. Council Member Mugerauer suggested a resolution be drafted to postpone the 2019 assessments. Deputy Mayor Herman stated he agreed and explained he would like information on the impact to the budget regarding the delay of assessments. Mr. Rohloff stated that he would add the item to the agenda within the upcoming weeks. Council Member Miller questioned what other types of things the City would put on hold during the pandemic. Mr. Rohloff stated there was a lot of unknown information and the situation had been ever changing and explained he would take the bid items off the consent agenda so Council would have the ability to discuss. Council Member Miller expressed the discussion would provide citizens with an understanding. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the 4th quarter preliminary revenue and expense report was provided and the City had 1.2 million in expenditures under revenues. He explained the figures were prior to the audit. Council Member Allison-Aasby brought up the upcoming election and expressed her concern for the population of the community that did not have the technology to request absentee ballots. Mr. Rohloff stated the City had started a campaign to encourage voters to vote via mail. He explained the campaign was in print, media, and social media. He mentioned the Clerk’s office had a large number of calls and would assist with any issues that residents PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 20 had regarding absentee voting and early voting. Mayor Palmeri asked how the voting would be done for the senior living facilities. Ms. Joeckel mentioned there were a few options available such as curb side voting, contact the Clerk’s office for assistance or to provide the form that needed to be completed to receive an absentee ballot. She explained the individual would not need to provide photo ID with the application if they selected that they were indefinitely confined. Mr. Rohloff stated that the law did not allow a mass mailing of ballots to be sent out, individuals needed to request a ballot. Council Member Krause questioned if it was possible to reach out to the senior living facilities in the City to advise them of the process. Ms. Joeckel stated that the senior living facility voting had been addressed. She stated that the Clerk’s office was happy to assist residents. Council Member Mugerauer asked for an update on absentee voting. Ms. Joeckel explained that the City had received around 6,000 requests for absentee ballots and approximately 400 voters had voted in office. She stated that hundreds of requests were received by email each day. Council Member Mugerauer questioned what a typical year looked like for absentee voting. Ms. Joeckel stated during a typical election on average they would receive 8,000 absentee requests. Mike Stanley, Chief of Fire, stated the most significate update on the COVID-19 was the Shelter in Place Order that had been given by Governor Evers. He stated there were 5 positive cases of COVID-19 in the Winnebago County. He stated staff would continue to prepare for the pandemic within the community. Mayor Palmeri questioned the county website numbers that had been reported. Chief Stanley explained the numbers she was referring to were the numbers that had been added to the current standing numbers. He stated the Person’s Under Investigation (PUI) List would vary due to individuals that tested negative would be removed from the list. He mentioned within Winnebago County there had not been a community spread of the virus. He stated the City would continue to be proactive. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 21 Mayor Palmeri asked how the City would protect its employees. Chief Stanley stated there were restrictions on access to City buildings by the public, disinfecting protocols and meetings had been reschedule or held virtuall. Council Member Krause questioned where an individual would report an issue of social distancing requirements not being met. Chief Stanley encouraged the individual to start internally with their organization. Mayor Palmeri mentioned information was on the City’s website related to COVID-19. Dean Smith, Chief of Police, stated that any issues in a facility should be directed to the County Health Department who would investigate further. Council Member Allison-Aasby asked if employees needed to have documentation that stated they were an essential worker. Chief Smith stated documentation would not be needed. Council Member Allison-Aasby questioned the enforceability of the Stay at Home Order for non-essential worker. Chief Smith stated a non-essential business would not be able to remain open. Council Member Krause asked what the fine was for a non-essential business that remained open. Chief Smith stated if the business had been charged, it would be a $250.00 fine per occurrence and/or 30 days in jail. Council Member Krause questioned how the police department would notify businesses. Chief Smith stated the City would identify non-essential businesses and the police department would inform the business of the order and explain that they were not able to be open. He stated the department would give the business the opportunity to comply with the orders the first time, however the second occurrence would be enforced. He explained that the Governor’s orders had various exceptions to allow businesses in the community to remain open. Council Member Allison-Aasby questioned if there were restrictions on inter-state travel. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 22 Chief Smith explained there were no boarder rules in place. Mayor Palmeri questioned if the parks in the City would remained open. Chief Smith stated that some playground equipment had been closed along with waterparks. Chief Stanley explained the daily information would be sent out to keep everyone informed and stated a large banner on the City’s website had great information. He mentioned the potential to use the University of Oshkosh if it were needed during the pandemic for quarantine and mass care. He addressed the contingency plan for an increased call volume and stated that the City was prepared with the amount of Personal Protective Equipment (PPE). He mentioned that the Oshkosh Area United Way had organized a community drive to collect PPE and supplies. Mayor Palmeri thanked City staff that had worked to keep the community going. Mr. Rohloff stated staff had been in communication to pull funds together to assist the community. He stated that staff had worked to prepare items for the Council to review. He explained the business community had been provided insight and ideas on ways they could use assistance. Council Member Miller stated that Winnebago County would assist in matching funds. Council Member Allison-Aasby questioned if the funds would be used for businesses in the county and not just the City. Mr. Rohloff stated that was correct and staff was prepared to use creative skills on how to maximize the funds for the community. Mr. Davis stated that there had been tax increment financing (TIF) districts that had some additional funds available for loan programs for business within a certain mile radius of the TIF district. He stated there was an upcoming meeting scheduled to review the proposal. Council Member Miller mentioned other individuals and organizations would assist and he thanked staff for their time and efforts to prepare the funds. Mayor Palmeri questioned if the plan would include non-profits. Mr. Davis stated he was not certain and he would get back to the Council. PROCEEDINGS OF THE COMMON COUNCIL - MARCH 24, 2020 23 Deputy Mayor Herman cautioned not to go too geographically north with City funds. Council Member Mugerauer thanked everyone for their points and opinions. He also stated that he felt staff needed to figure out more details before bringing items to Council. He stated his support of business and their employees within the community. He mentioned the financing would be short term loans. Mayor Palmeri asked if the funding would remove the affordable housing funding. Mr. Rohloff stated the funding was different and the affordable housing funds were still available. Council Member Miller thanked staff. Mayor Palmeri thanked the citizens for their cooperation during the Safer at Home Order and also thanked essential and frontline workers. She mentioned updates would be provided on the City, Winnebago and State of Wisconsin websites. MOTION: ADJOURN (Mugerauer; second, Miller) CARRIED: VOICE VOTE The meeting adjourned at 8:32 p.m. ANGELA JOECKEL DEPUTY CITY CLERK