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HomeMy WebLinkAboutMinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JUNE 23, 2020 REGULAR MEETING held Tuesday, June 23, 2020 at 6:00 p.m. in the Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Deb Allison-Aasby, Jake Krause, Matt Mugerauer, Lynnsey Erickson, Bob Poeschl (virtual), Michael Ford, and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; and Lynn Lorenson, City Attorney Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Council Member Allison-Aasby. PRESENTATION Justin Gierach, Engineering Manager, provided an overview and described the options for the reconstruction of 9th Avenue. Council Member Ford questioned if a two way left turn lane (TWITL) would be needed in the future with option 1. Mr. Gierach stated a TWITL could be used in the future. James Rabe, Director of Public Works, explained the west arterial would expect significant increases in traffic on 9th Avenue. Mayor Palmeri questioned if the topic would be on a future agenda for Council consideration. Mr. Rabe stated the item would be added to the July 14, 2020 Council agenda and explained that citizens had received a letter with the options. He stated citizens were encouraged to communicate their preference to Council. CONSENT AGENDA ITEMS Report of Bills by the Finance Director PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 2 Receipt of Claim filed with the City’s Insurance Company: A) Lawrence Hall for alleged damages to his vehicle from road paint Resolution 20-268 Resolution providing for the issuance & sale of $14,925,000 aggregate principal amount of Sewer System Revenue Bonds, Series 2020E, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder & providing for the payment of said revenue bonds & other details & covenants with thereto Resolution 20-269 Resolution providing for the issuance & sale of $5,900,000 aggregate principal amount of Water System Revenue Bonds, Series 2020D, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder & providing for the payment of said revenue bonds and other details & covenants with respect thereto. Council Member Mugerauer mentioned the favorable rates on the refinanced bonds. Resolution 20-270 Award Bid to Brooks Tractor for Articulated Loader with Plow & Wing for the Street Division ($267,700.00) Resolution 20-271 Award Bid to MacQueen Equipment for 114” Loader Mounted Snow Blower for the Street Division ($179,824.00) Resolution 20-272 Award Bid for Public Works Contract No. 20-14 to Terra Engineering & Construction Corporation for Sanitary Sewer Lining – Various Streets ($289,294.75) Council Member Ford thanked staff for providing the number of bids received for each project. Resolution 20-273 Approve & Submit 2019 Wisconsin Department of Natural Resources Compliance Maintenance Annual Report / Wastewater Treatment Plant Resolution 20-274 Approve Special Event – John Sakschek to utilize Opera House Square (sundial area) for the Franki Moscato – Inspiration Celebration series / June 27, July 4, July 11, July 25, August 8, August 29, September 5, September 12 & September 26, 2020 Resolution 20-275 Approve Special Event – Fox Valley Workforce Development to hold their Drive Thru Job Fair at the Oshkosh Chamber of Commerce (120 Jackson Street) / July 15, 2020 PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 3 Resolution 20-276 Approve Special Event – Oshkosh Elk’s Lodge #292 to utilize Rainbow Park for the Oshkosh Elk’s Sheepshead Fishing Tournament / July 18, 2020 Resolution 20-277 Approve Special Event – Oshkosh Yacht Club to utilize Menominee Park Millers Bay Boat Launch Parking Lot & gazebo area for the ILYA X Championship Regatta / July 29– August 1, 2020 Resolution 20-278 Approve Special Event – Boys & Girls Club of Oshkosh to utilize Broad Street for their 50th Anniversary Block Party on Broad / August 30, 2020 Resolution 20-279 Approve Special Event – UW Oshkosh to utilize City streets for their annual UW Oshkosh Move In Days / September 5-7, 2020 Resolution 20-280 Approve Special Event – Lourdes Academy to utilize City streets for the Lourdes Homecoming Parade / October 1, 2020 Resolution 20-281 Approve Amendment to 2020 Operations Budget for Human Resources $25,000 Resolution 20-282 Disallowance of Claim by Winnebago County Resolution 20-283 Disallowance of Claim by Michael Norton Resolution 20-284 Approve Combination “Class B”, Operator & Taxi-Cab Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 20-285 Amend Room Tax & Short Term Rental Ordinances FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri questioned the automatic tax through VRBO (Vacation Rental By Owner). Ms. Lorenson explained the City updated the ordinance to reflect the change in the State law and an update with the seller’s permits. Ordinance 20-286 Amend City Public Records Ordinance PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 4 FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked about the updates. Ms. Lorenson stated the City updated the ordinance to match the State Statutes, schedules for records and the fee provisions were moved. Ordinance 20-287 Amend Parking Ordinance for P-2 Convention Center North Parking Lot & P-09 Otter Lot FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked about the change. Ms. Lorenson explained the maps were being brought up to date to match the existing lots. Ordinance 20-288 Amend Various Sections of Chapter 11 Electrical Code FIRST READING: LAID OVER UNDER THE RULES Ms. Lorenson stated the update was to be match State code. Ordinance 20-289 Amend Bicycle Registration Ordinances FIRST READING: LAID OVER UNDER THE RULES Ms. Lorenson explained the proposal was to eliminate the registration fees and move to an online license. She stated registering bicycles assisted when a bicycle was stolen. Ms. Ubrig explained there had been an email regarding the topic. Ordinance 20-290 Amend Various Sections of Chapter 2, Chapter 6, Chapter 7, Chapter 8, Chapter 16, Chapter 17, Chapter 19, Chapter 20 & Chapter 27A FIRST READING: LAID OVER UNDER THE RULES Ms. Lorenson explained the updated information was clean up regarding removal of outdated references and processes. Mayor Palmeri asked if the updated information would be provided to the boards and commissions. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 5 Ordinance 20-291 Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) at 221 N. Sawyer Street (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES David Zerbe, 1217 National Avenue, asked Council to consider the location of the new tower in relation to his residence. He urged Council to consider the north side of the building which would elevate the congestion and noise. He asked why citizens were not notified sooner and requested the fire department work with surrounding citizens. Mayor Palmeri explained the ordinance was on first reading and would be voted on at the July 14, 2020 Council meeting. Council Member Mugerauer asked for clarification regarding the project. Mr. Rohloff explained the current location had already been a training location for the National Guard, therefore, it would easily be converted for the Oshkosh Fire Department. He explained that the north end of the building was where trucks would be coming in and out of and would be difficult for them to navigate with the training tower. He stated the hours of operation would be 9am- 5pm and that Chief Stanley would work with the neighborhood. He explained the tower was a prefabricated and would be installed as early as August 2020. Mayor Palmeri questioned if the tower had been ordered. Mr. Rohloff stated the tower had not been ordered, however, the committee had reviewed and approved the tower and submitted the recommendation to Council. Mayor Palmeri asked when the Fire Chief would work with the surrounding citizens. Mr. Rohloff explained the fire department wanted to be a good neighbor and Chief Stanley had looked into landscaping and fencing for the project as well. Council Member Mugerauer stated how important it was for the City to work with the surrounding citizens. He explained staff had reviewed concerns with noise and parking to institute policies to improve the site as much as possible. Mayor Palmeri questioned if City properties went through the same process as privately owned properties. Allan Davis, Director of Community Development, confirmed yes. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 6 Ordinance 20-292 Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with a Planned Development Overlay (CMU-PD) at 500 N. Main Street (Plan Commission Recommends Approval) (Staff Recommends to Waive the Rules & Adopt on First Reading) MOTION: SUSPEND THE RULES (Ford; second, Erickson) CARRIED: Ayes (6) Allison-Aasby, Krause, Mugerauer, Erickson, Ford, Mayor Palmeri; Present (1) Poeschl MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Council Member Mugerauer thanked the applicant for their patience. Ordinance 20-293 Amend Membership of Diversity, Equity & Inclusion Committee (Staff Recommends to Waive the Rules & Adopt on First Reading) WITHDRAWN BY MAYOR Mayor Palmeri explained that she asked for the ordinance to be withdrawn. Ordinance 20-294 Approve Zone Change from Institutional with a University Transition Overlay (I-UTO) to Urban Mixed-Use with a University Transition Overlay (UMU-UTO) for a Portion of Property Located at 471 High Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Erickson) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Resolution 20-295 Approve Appointments to Diversity, Equity & Inclusion Committee MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Council Member Mugerauer thanked all the citizens who applied. He explained the 8 individuals selected were a diverse group who had a direct connection to the Winnebago County Government or the University of Wisconsin - Oshkosh. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 7 Council Member Allison-Aasby expressed her appreciation to all of the applicants and stated the applicants who were not selected could contact Council to participate on other boards and commissions that had vacancies. Mayor Palmeri stated there were various boards and commissions with vacancies. Council Member Ford encouraged Council to reach out to the individuals that had not been selected for other opportunities on boards and commissions. Resolution 20-296 Approve Annual Licenses MOTION: ADOPT (Allison-Aasby; second, Erickson) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Resolution 20-297 Approve Annual Licenses (Screwballs) MOTION: ADOPT (Ford; second, Mugerauer) CARRIED: Ayes (6) Allison-Aasby, Krause, Mugerauer, Erickson, Ford, Mayor Palmeri; Present (1) Poeschl Council Member Poeschl stated that he would vote present due to a conflict of interest. Resolution 20-298 Approve Land Exchange Agreement with United Cooperative for Economic Development Administration Southwest Industrial Park Paving Project MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Council Member Mugerauer stated the project would assist with advancement of the project. Allen Davis, Director of Community Development, explained that working with United Co-Op would allow the City to complete the project. Resolution 20-299 Approve General Development Plan Specific Implementation Plan for a Wall Sign at 500 N. Main Street (Plan Commission Recommends Approval) PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 8 MOTION: ADOPT (Poeschl; second, Erickson) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Council Member Ford stated the intent was for the City to initiate the removal of the plan development. Mayor Palmeri asked what dollar amount was regarding the change to the plan development. Allen Davis, Director of Community Development, explained the amount was $675.00. Resolution 20-300 Approve Waiver of Purchasing Requirements for Fire Training Drill Tower MOTION: ADOPT (Mugerauer; second, Krause) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri Mike Stanley, Fire Chief, explained that the committee had evaluated the proposed solution, it was economically feasible and met the ISO requirement as the best alternative to building a structure. Mayor Palmeri questioned if the tower was similar to something seen at State parks. Chief Stanley stated that it was similar in design. Council Member Ford stated his support of the project. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri asked if all Council Members would be available for the budget workshop on July 8, 2020 from 5:00 p.m. to 8:00 p.m. at City Hall. Council confirmed. Mr. Rohloff stated the workshop would review debt management and the Capital Improvement Program (CIP) document would be provided to Council. Council Member Mugerauer questioned when the document would be available. Mr. Rohloff stated staff would provide the document a week prior to the workshop. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 9 Mr. Rohloff stated staff had provided Council with the report from the League of Wisconsin Municipalities on “funding through Transportation Utility Fees” and mentioned the question regarding the topic was if the City had the legal right to implement a fee. He explained that Ms. Lorenson had done research on the topic and found that the City did have the authority. He stated that the fee would be based on traffic generation. He asked Council if they would like to add it as an agenda item for a future meeting. Mayor Palmeri stated the item would be added to a future agenda for Council discussion. Council Member Mugerauer explained a few options and expressed the importance for the topic to appear on a future agenda for further discussion. Mayor Palmeri asked if the Ad-Hoc committee could meet again. Mr. Rohloff stated the committee could meet again depending on the preference of Council. Council Member Mugerauer suggested to provide parameters and guidance for the committee. Council Member Allison-Aasby expressed that the City needed to be clear with the direction they decide to go and expressed her support to discuss as an agenda item. Council Member Ford stated his support to add the item to the next Council agenda. Deputy Mayor Krause expressed his support to discuss the item and provide transparency to the community. Mayor Palmeri asked for the topic to be added to a future agenda for further discussion. Mr. Rohloff stated the topic would be added to the July 13, 2020 Council meeting. Mr. Rohloff stated the engineering staff had hosted meetings with individuals to discuss concerns. He asked Council if they would like to schedule a special assessment hearing at a larger location to be able to fit more citizens. He mentioned the potential of the Senior Center and the Convention Center. Council Member Mugerauer stated his support to host the hearings at a larger venue. Mr. Rohloff explained staff would schedule meetings and the hearing for the same evening. Proposed Resolution to Support Pledge to Review Police Use of Force Policies PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 10 Mayor Palmeri asked Council if there was interest in a proposed resolution to support the pledge and review the police use of force policies as a future agenda item. Deputy Mayor Krause asked for more information. Mayor Palmeri explained a summary was provided in the Council packet which described the four elements of reviewing the policies, engaging citizen, reporting back to the community and reform. Council Member Ford stated the Chief of Police had already been implementing some of the items. He expressed that he did not support the topic. Deputy Mayor Krause stated Council could support the Oshkosh Police and Fire Departments and explained his support for the topic. Council Member Allison-Aasby expressed her concerns for support of the pledge and she stated she did not support the topic. Mayor Palmeri stated the review, engage and report was to support to the Oshkosh Police Department and to provide the citizens a better understanding of the policies. Council Member Allison-Aasby mentioned opportunities for the community to happen organically. Council Member Poeschl stated his support for the community to see the outline of the policies in place, however, there were other opportunities to present itself for the Police and Fire departments to get involved in the community. Council Member Mugerauer stated he had concerns regarding the urgency of the topic and suggested to gain more information. Mayor Palmeri explained that she had been looking for feedback from Council regarding whether or not they would like it to appear on a future Council Meeting for further discussion. Council Member Krause supported the discussion. Council Member Erickson stated her support for the awareness of the topic. Council Member Ford explained he did not support pledge on the next agenda. Mayor Palmeri stated the topic would not be added to the next Council meeting agenda. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 11 COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Ford Plan Commission  Discussed the Training Facility on Sawyer Street Council Member Erickson Transit Advisory Board  Presentation from Make the Ride Happen/Winnebago Catch a Ride  Need of Volunteer Drivers CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated he provided the outstanding issues to Council. He informed Council that the Free Student Bussing Program had done private fundraising. Council Member Poeschl stated the amount raised funded the first year of the bussing program. He stated the sidewalk replacement program had been recommended to a 10-year program and that had been discussed. He stated there was an upcoming election and that the City would rely on WEC (Wisconsin Election Commission) to hold up to their obligations. Mike Stanley, Fire Chief, stated there was no new information to share regarding COVID-19. Mr. Rohloff stated the CDC had reached out to the Winnebago County Health Department and would visit the area to gain insight from the community. He explained the intention was to open City Hall to the public starting on July 13th, 2020. He explained the City would implement policies regarding masks in common areas of City owned buildings. Mayor Palmeri asked about requiring citizens to wear masks. Mr. Rohloff explained the City did not have enough legal basis to withstand public opinion. Community Conversations on Race & Equity in Oshkosh Dean Smith, Chief of Police, explained that community members would drive conversations on race and equity. He stated surrounding municipalities had created a partnership of community leaders alongside citizens in a different community had a constructive conversation and he thought it would be beneficially in Oshkosh. PROCEEDINGS OF THE COMMON COUNCIL – JUNE 23, 2020 12 Mr. Rohloff explained he would participate and connect with the community. Mayor Palmeri questioned if a summary would be provided to the community. Mr. Smith stated the summary would be beneficial to be added to the City website. Council Member Mugerauer thanked staff for moving forward. Mr. Rohloff asked Council to provide feedback as they reviewed the information. Mr. Rohloff stated the professional services agreement for the repairs of the leaking water main at river crossing was an amendment that was needed which totaled an additional $13,452.00. He explained the cooperative purchase of the Emergency Generator for the Oshkosh Convention Center for $40,411.81. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS THE MID-YEAR REVIEW OF THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES (Krause; second, Mugerauer) CARRIED: Ayes (7) Allison-Aasby, Krause, Mugerauer, Erickson, Poeschl, Ford, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Krause) CARRIED: VOICE VOTE The meeting adjourned at 7:55 p.m. PAMELA R. UBRIG CITY CLERK