HomeMy WebLinkAboutMinutes 6 PMPROCEEDINGS OF THE COMMON COUNCIL
CITY OF OSHKOSH, WISCONSIN
AUGUST 25, 2020
REGULAR MEETING held Tuesday, August 25, 2020 at 6:00 p.m. in Council Chambers,
City Hall
Mayor Palmeri presided.
PRESENT: Council Members Michael Ford, Bob Poeschl, Matt Mugerauer, Lynnsey
Erickson, Deb Allison-Aasby, Jake Krause, and Mayor Lori Palmeri
ALSO PRESENT: John Fitzpatrick, Assistant City Manager/Director of Administrative
Services; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney
Council Member Ford read the Invocation.
The Pledge of Allegiance was led by Council Member Ford.
PRESENTATIONS
Impact of 2021 Capital Improvement Program on Utility Rates by Ehlers
Jon Cameron, Senior Municipal Advisor, Ehlers, explained the impact the 2021 capital
improvement program had on utility rates. He stated the increase to revenue would be
every other year and the sewer / water utilities were regulated by the Public Service
Commission so the increase would need to go through an approval process. He stated the
storm water utilities would see a rate increase each year and estimated it would be
minimal.
Mayor Palmeri asked if the lifeline rate fell under the category of a conservation rate.
Mr. Cameron explained the conservation rate would curb residential customer usage and
a lifeline rate was to provide an opportunity to low end users compared to average users.
Russ Van Gompel, Director of Finance, stated the City had a four tiered structure based on
cost of service and explained Council could review the fairness approach when the City
did a new rate application.
Mayor Palmeri asked if the Council could update the current application with the fairness
approach.
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Mr. Van Gompel confirmed the application could be updated.
Miles Kimball Redevelopment at 9th Avenue & South Main Street
Tim Hess, Co-Founder, Invista Analytics, Miles Kimball Redevelopment at 9th Avenue &
South Main Street, provided an overview of the proposed development project. He stated
the development would include 26-28 apartments.
Mayor Palmeri asked what the rental cost projections were.
Mr. Hess explained the two bedroom would rent for $1,200.00 per month and the one
bedroom would rent for $950.00 per month.
Deputy Mayor Krause asked what the square footage was per unit.
Mr. Hess stated the two bedroom was approximately 850 square feet.
Council Member Allison-Aasby asked if there were preliminary renderings.
Mr. Hess explained there were no renderings.
Council Member Mugerauer asked what the return without assistance would be.
Mr. Hess stated the return was projected to be between 1-2%.
Council Member Mugerauer questioned the value to restore the building.
Mr. Hess stated the developers did not see issues with the existing building and it would
be restored.
Council Member Poeschl asked if there would be an elevator added.
Mr. Hess confirmed an elevator would be added.
Council Member Poeschl asked if the building would be restored to the original brick color
and if there would be any commercial aspects to it. He expressed his support for the
project.
Mr. Hess stated he was unware of the design of the exterior of the building and the project
did not include commercial aspects.
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Council Member Poeschl asked if the layout would be open concept and accessible for all
citizens.
Mr. Hess mentioned that the units met all the American with Disabilities Act (ADA)
requirements.
Mayor Palmeri asked if the reason for the tax incremental district (TID)/tax incremental
financing (TIF) was to add windows within the structure.
Mr. Hess confirmed that was correct.
Council Member Poeschl asked how many units were proposed and questioned the ratio
for parking within residential code.
Mr. Hess explained the proposed plan had 26-28 units and the parking ratio was 1 parking
stall for each unit up to 2 bedrooms. He stated the developer would need to ask for
variances.
PUBLIC COMMENT ON AGENDA ITEMS
Resolution 20-377 Approve Conditional Use Permit to Allow a Cellular
Telecommunications Tower at 1620 Pelton Parkway (Plan
Commission Recommends Approval)
Andrew Flowers, 930 National Parkway, Schaumburg, IL, Senior Real Estate and
Construction Manager, AT&T, explained the carrier had proposed a new communication
facility on Experimental Aircraft Association (EAA) property to support the fly in. He
mentioned various reasons the current facility would not be adequate for the upgrades.
Council Member Mugerauer asked how staff would prefer Council address questions.
Ms. Lorenson explained Council may ask questions.
David Goelzer, 3000 Poperezny Road, EAA Legal Counsel, expressed how important the
tower was to the event and how the organization had improved the property and grounds.
Andy Fitz, 1351 East Irving Park Road, Itasca, IL, site acquisition vendor for the property
for AT&T, he stated AT&T had received approval from the Federal Aviation
Administration and the Winnebago County Airport as well as positive recommendation
from staff and the Plan Commission.
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Paul Jonas, 790 North Water Street, Milwaukee, Michael Best and Freiderich,
Representative for AT&T, explained the current tower owner had submitted a letter
suggesting deficiencies with the application. He confirmed the application was complete
and reviewed by the City Attorney.
Kevin Pollard, W178 N9912 Rivercrest Drive, Suite 102, Germantown, Attorney
representing SBA Communications, stated SBA Communication owned the existing cell
tower which was 210 feet from the proposed tower. He expressed the opposition of the
new structure was based on State Statute 66.0404 and the City’s telecommunication
ordinance was designed to promote co-location on existing mobile structures when
feasible. He explained the equipment could be placed at the existing site at the same height
and he stated three attachments were provided to Council to explain the height approval
from FAA, engineer letter describing the sustainability of the tower with new equipment
and the coverage map.
Ms. Lorenson stated that Council did receive the letter and attachments.
Mayor Palmeri asked if there was FAA approval.
Mr. Pollard explained there was a public comment period prior to approval and the FAA
would approve in September.
Mayor Palmeri questioned if any of the items would change, if the lease was not renewed
the county.
Mr. Pollard explained the SBA Communication tower was located on county property.
CONSENT AGENDA
Receipt & Filing of Oshkosh Public Museum Board Minutes from July 9, 2020
Resolution 20-360 Approve Application for Edward Byrne Memorial Justice Assistance
Grant (JAG) for Police Department in the Amount of $12,269.00
Resolution 20-361 Approve Purchase of Ozone Residual Monitor Replacement
Equipment for the Water Filtration Plant ($118,349.58)
Resolution 20-362 Award Bid to Bezio Animal Control for Three Year Agreement (2020-
2022) Nuisance Animal Trapping for Storm Water Utility (Award
based on 2020-2022 unit price rates)
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Council Member Poeschl questioned the price difference between the bids.
James Rabe, Director of Public Works, explained the bid that staff had recommended was
a retired individual who had provided previous services which were satisfactory.
Mr. Fitzpatrick added some vendors were busy and choose to submit a bid at a higher
dollar amount.
Resolution 20-363 Approve Professional Services Agreement for Washburn Water
Tower Rehabilitation & Antenna Coordination Project Related to City
Contract No. 21-02 / Dixon Engineering, Inc. ($85,155.00)
Resolution 20-364 Approve Agreement with Canadian National Railroad for Crossing
Replacement at Oregon Street & 28th Avenue (159,363.00)
Resolution 20-365 Approve Accepting Street, Sidewalk & Electric Easement at 149 W.
24th Avenue (Plan Commission Recommends Approval)
Resolution 20-366 Approve & Execute Relocation Order; Approve Determination of
Necessity to Acquire; Accept Easements; Dedicate Street Right of
Way; Sections of W.9th Avenue between Graceland Drive &
Greenfield Terrace & between S. Oakwood Road & Linden Oaks
Drive (Plan Commission Recommends Approval of Acquisition &
Right of Way Dedication)
Resolution 20-367 Approve Waiver for Cavanaugh Carriages to be allowed to have
horses in the City through December 31, 2020
Resolution 20-368 Disallowance of Claim by Cathy Ann Bowen
Resolution 20-369 Disallowance of Claim by Karen Bowen
Resolution 20-370 Disallowance of Claim by Sandy Morrissey
Resolution 20-371 Disallowance of Claim by Crystal Schmitt
Resolution 20-372 Approve Operator Licenses
MOTION: ADOPT (Allison-Aasby; second, Krause)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
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ACTION TAKEN ON ORDINANCES AND RESOLUTIONS
Ordinance 20-373 Approve Zone Change from Suburban Mixed Used District to
Suburban Mixed Used District with a Planned Development Overlay
for Property Located at 2755 Algoma Boulevard (Plan Commission
Recommends Approval)
FIRST READING; LAID OVER UNDER THE RULES
Resolution 20-374 Approve Special Event – Downtown Business Improvement District
to utilize Opera House Square for Jazz in the Square / September 2 -
30, 2020 (Wednesdays)
MOTION: ADOPT (Allison-Aasby; second, Mugerauer)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
Jesse Meidl, Bid Manager, Downtown Oshkosh Business District, explained there would
be street performances each Wednesday and encouraged the community to bring lawn
chairs to enjoy.
Mayor Palmeri expressed her concern for the gathering.
Ms. Medil explained citizens would social distance.
Council Member Ford stated the Winnebago County Health Department approved the
precautions in place for the event.
Resolution 20-375 Approve Special Event – Menominee Nation Arena to host a Drive
In Concert Series in the Menominee Nation Arena (1212 S. Main
Street) parking lot / September 11th, 12th, 18th, 19th & 26th 2020
MOTION: ADOPT (Poeschl; second, Erickson)
MOTION: AMEND TO CHANGE DATES TO SEPTEMBER 12th, 18th AND 26th,
2020 (Mugerauer; second, Poeschl)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
VOTE ON AMENDED RESOLUTION
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
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JD Fields, General Manager, Menominee Nation Arena, stated the scheduled concerts had
been changed to September 12, 18 and 26, 2020.
Mayor Palmeri asked about the reason for the change.
Mr. Fields explained the change was based on the artist’s schedules.
Resolution 20-376 Approve Spot Blight Designation; Authorize Redevelopment
Authority to Acquire; 668 N. Main Street ($45,000.00)
MOTION: ADOPT (Mugerauer; second, Poeschl)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
Council Member Mugerauer asked if the acquisition would assist with the potential
redevelopment.
Allen Davis, Director of Community Development, explained that was correct and the
developer would like to use Main and Jefferson Street as a mixed use development
however there was one more property to acquire before that could move forward.
Resolution 20-377 Approve Conditional Use Permit to Allow a Cellular
Telecommunications Tower at 1620 Pelton Parkway (Plan
Commission Recommends Approval)
MOTION: ADOPT (Ford; second, Krause)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
Mayor Palmeri asked about the additional written documentation.
Ms. Lorenson mentioned that information would be provided to the Clerk’s Office to be
entered into the record.
Council Member Ford stated Plan Commission had approved the resolution and there was
an affidavit provided that addressed the issues with the current location.
Council Member Mugerauer thanked both parties for the information and stated the
information was consistent with the requirements of State Statutes. He expressed his
support.
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Resolution 20-378 Approve Revised Fund Balance Policy (Long Range Finance
Committee Recommends Approval)
MOTION: ADOPT (Allison-Aasby; second, Erickson)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
Council Member Allison-Aasby asked for a description of the process.
Council Member Mugerauer explained the committee had reviewed the policy and staff
had revised a version with the addition of defining a maximum amount of dollars could
be in the general fund. He stated the updated document had the support of the full
committee.
Council Member Ford stated the updated policy aligned the City with industry standards
and he thanked staff for the information.
Russ Van Gompel, Director of Finance, explained the fund balance was at 31% and the
maximum would be 30%. He mentioned the City could use the $95,000 instead of using
the levy funds in the operating budget if Council approved.
Council Member Ford expressed his support for the 30%.
Mayor Palmeri asked about the pay as you go capital outlay expenditures.
Mr. Van Gompel explained the City would want to use fund balance for one time
purchases such as vehicle purchases and equipment.
Council Member Allison-Aasby thanked staff and Council members for their time and
commitment.
Mayor Palmeri mentioned the Long Range Finance Committee had a vacancy and if
citizens would like to apply, the application was online.
Resolution 20-379 Approve 2021-2025 Capital Improvement Plan
MOTION: ADOPT (Mugerauer; second, Ford)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
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Resolution 20-380 Approve Installation of New Sidewalk: West Waukau Avenue, south
side, from Bellfield Drive to South Washburn Street (Staff
Recommends: Layover until September 8, 2020 Council Meeting)
MOTION: LAYOVER UNTIL SEPTEMBER 8, 2020 (Ford; second, Krause)
CARRIED: Ayes (7) Ford, Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl,
Mayor Palmeri
Council Member Poeschl inquired about the layover.
Mr. Fitzpatrick explained that Council had previously requested more information and
staff wanted to provide that to Council.
Council Member Poeschl suggested to not have the topic on the Bicycle and Pedestrian
Committee agenda as it created concern when there was no Council support.
James Rabe, Director of Public Works, explained the topic was added to layout the
information that was requested by Council.
Council Member Poeschl explained the recommendation had not changed with the
information.
Mayor Palmeri mentioned several Council members were interested in the sequence of
the recommendation.
Council Member Poeschl expressed his concern that the committee recommended the
project and Council would not approve.
Mr. Rabe explained the Council had the discretion to not approve even with a
recommendation from a committee.
Council Member Mugerauer stated it was the committee’s decision to make the
recommendation based on their knowledge and Council had the right to approve or not
approve.
Council Member Ford mentioned Council inquired if a delay would hinder the project
and staff assured Council it would not impact the project.
COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS
Mayor Palmeri stated the affordable housing study workshop was scheduled for
September 8, 2020 at 5:00 p.m.
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Allen Davis, Director of Community Development, explained staff was prepared for a
virtual presentation. He asked if Council preferred to have the consultant in person, if so
then it would be rescheduled for September 22, 2020.
Mr. Fitzpatrick asked if Council did not want to move the workshop, a closed session could
be scheduled after the meeting.
Ms. Lorenson explained there would be outside Council present for the closed session.
Council agreed to reschedule the workshop to September 22, 2020.
Mr. Fitzpatrick asked if Council would like to schedule a meeting to discuss the potential
uses of the levy funds on September 8, 2020.
Russ Van Gompel, Director of Finance, explained the levy discussion would be a part of
the regular Council meeting on September 8, 2020.
Mayor Palmeri asked if Council should email staff directly regarding potential ideas.
Mr. Van Gompel stated Council could provide input prior to the meeting.
Council Member Ford requested information on how the different levy rates would impact
service capacity.
Council Member Poeschl thanked staff and Council for the condolences of his mother
passing.
COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS
Report of Council Liaison for Boards & Commissions
Council Member Poeschl
Bicycle and Pedestrian Advisory Committee
Discussed potential E-scooters pilot study
Discussed sidewalk information
Ms. Lorenson explained the committee discussed a pilot study to permit a specific entity
to operate under the pilot.
Mayor Palmeri asked what the recommendation was regarding sidewalks.
Council Member Poeschl explained that the committee had recommended the sidewalk
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from Bellfield Street to the hotel.
Council Member Ford
Plan Commission
Discussion of installation of Cell Tower on EAA Grounds
Workshop on project on Oshkosh Avenue
Mayor Palmeri
Diversity, Equity and Inclusion Committee
Meeting scheduled Thursday, August 27, 2020
CITY MANAGER ANNOUNCEMENTS & STATEMENTS
Allen Davis, Director of Community Development, explained the City would update the
requirements for the great neighborhoods program regarding eligible projects and
timelines to correspond with the strategic plan. He stated the City would encourage
projects from the neighborhood associations.
Mayor Palmeri asked what the funds were for upcoming projects.
Mr. Davis stated the total funds were $250,000 and the terrace tree allocation was $25,000.
Mr. Fitzpatrick explained that the outstanding issues were provided to Council.
Mr. Fitzpatrick stated he spoke with Mike Stanley, Fire Chief, in regards to COVID-19 and
there was no update to provide to Council.
Council Member Poeschl encouraged Council to provide information to the City Manager
for conversations to address racism.
Mr. Fitzpatrick mentioned the Diversity, Equity and Inclusion Committee would be a
resource to gain insight, information and assistance.
Council Member Allison-Aasby suggested the topic be discussed when the City Manager
was present.
MOTION: ADJOURN (Mugerauer, second Poeschl)
CARRIED: VOICE VOTE
The meeting adjourned at 7:48 p.m.
PAMELA R. UBRIG
CITY CLERK