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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN DECEMBER 14, 2021 REGULAR MEETING held Tuesday, December 14, 2021 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Courtney Hansen, Bill Miller (virtual), Aaron Wojciechowski, Lynnsey Erickson, Michael Ford, Matt Mugerauer and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, and Russ Van Gompel, Director of Finance MOTION: SUSPEND THE RULES TO ALLOW COUNCIL MEMBER MILLER TO ATTEND VIRTUALLY (Mugerauer; second, Hansen) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Council Member Hansen read the Invocation. The Pledge of Allegiance was led by Council Member Hansen. Mayor Palmeri presented a proclamation to Pamela Ubrig, City Clerk for her years of service with the City. Ms. Ubrig expressed her appreciation for her time with the City. She thanked Council, her colleagues and staff for their continued support and team work over the years. INTRODUCTION OF STAFF Mr. Rohloff welcomed Sarah Phillips as the new Museum Director and shared her professional experience. Sarah Phillips, Museum Director, stated that she looked forward to serving the community. Mr. Rohloff introduced Jessi Balcom, incoming City Clerk and explained her professional background. PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 2 Jessi Balcom, incoming City Clerk, thanked Council. CITIZEN STATEMENTS There were no citizen statements to Council. PUBLIC COMMENTS ON AGENDA ITEMS Resolution 21-617 Approve Specific Implementation Plan for an Indoor Institutional Use at the Northwest Corner of Ceape Avenue & Broad Street for the Day by Day Warming Shelter (Plan Commission Recommends Approval) Molly Butz, 3880 Crab Apple Lane, Executive Director, Day By Day Warming Shelter, thanked the Plan Commission and Council for consideration. She explained the operations of the shelter and expressed the urgency of the services to the community. She stated the new shelter would provide services and programs 365 days a year and include more capacity for individuals in need. Jason Havlik, 1944 Westbreeze Lane, Day by Day Warming Shelter, thanked the Plan Commission, staff and Council for addressing the issue of homelessness within the community. He explained the essential services that would be provided at the location selected on Ceape Avenue. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Public Library Board Minutes from October 28, 2021. Receipt & Filing of Oshkosh Public Museum Minutes from November 4, 2021 Receipt & Filing of the Common Council Minutes from November 23, 2021. Resolution 21-585 Approve Inter-Agency Agreement with Winnebago County for Haz- Mat Response Services Resolution 21-586 Approve Purchase of Three Ambulances to Jefferson Fire & Safety Inc. for Fire Department ($909,267.00) Resolution 21-587 Approve Specific Implementation Plan Amendment for an Accessory PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 3 Building & Smoker Addition at 30 Wisconsin Street (Plan Commission Recommends Approval) Resolution 21-588 Approve Agreement with Oshkosh Fire Department Chief Officers for Years 2021, 2022 & 2023 Resolution 21-589 Approve Amendment to 2021 Operations Budget to Provide Funding for Unanticipated Fire Department Expenditures Council Member Ford asked about the expenditures. Mike Stanley, Fire Chief, explained that Council had approved hiring an additional 3 individuals; unfortunately due to a lack of qualified candidates, the funds would need to be moved back to the overtime budget. Resolution 21-590 Close Fire Pension Fund & Reduce Police Pension Fund / Transfer Assets to the Workers Compensation Fund Council Member Ford asked for a summary. Mr. Van Gompel explained there were no longer any annuitants or survivors to receive the assets from the Fire Department Pension Fund however there was one surviving spouse that was collecting funds from the Police Pension. He stated a set amount would remain available to continue payments to that individual. Resolution 21-591 Approve Budget Transfers to Provide Additional Funding for Workers Compensation Fund Mayor Palmeri asked about the negative fund balance. Mr. Van Gompel explained at the end of 2020 the fund had a negative balance of $465,000 and based on the claims at the end of 2021, the total deficit would increase to $939,000. Mayor Palmeri asked if $939,000 was the complete total. Mr. Van Gompel stated it was the total amount. Resolution 21-592 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 4 Laterals (New & Relay) Relating to Contract No. 22-04 A) Algoma Boulevard (Wisconsin Street to 100’ North of Congress Avenue) B) Vine Avenue (Algoma Boulevard to High Avenue) C) High Avenue (250’ Northwest of Vine Avenue to 100’ Southeast of Vine Avenue) D) Vacated Blackhawk Street (Fox River to Algoma Boulevard) Resolution 21-593 Approve Initial Resolution for Special Assessments for 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) Relating to Contract No. 22-05 A) East Lincoln Avenue (100’ West of North Main Street to the Railroad Tracks) B) Rosalia Street (Washington Avenue to Ceape Avenue) Resolution 21-594 Approve Initial Resolution for Special Assessments for 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) Relating to Contract No. 22-01 A) Bowen Street (100’ South of East Murdock Avenue to Anchorage Court) Resolution 21-595 Approve Initial Resolution for Special Assessments for 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) Relating to Contract No. 22-07 A) Oregon Street (200’ North of West Waukau Avenue to 200’ South of West 35th Avenue) Resolution 21-596 Approve Change Order No. 3 (Final) for Public Works Contract No. 20-05 Oregon Street Reconstruction, Utilities, & Patching (West 21st Avenue to West 28th Avenue); West 28th Avenue Utilities & Asphalt Paving; Congress Avenue Utilities & Patching; and West 28th Avenue Pump Station Upgrades / PTS Contractors, Inc. (-$319,870.27) Resolution 21-597 Approve Renewal of Wastewater Treatment Agreement with the Town of Black Wolf Sanitary District No. 1 PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 5 Resolution 21-598 Approve Professional Services Agreement with AECOM Technical Services, Inc. for Environmental Support for 2022 Capital Improvement Projects ($120,000.00) Resolution 21-599 Approve Professional Services Agreement with Jacobs Engineering Group for 2022 Water Utility Technical Services ($152,860.00) Resolution 21-600 Approve Professional Services Agreement with Jacobs Engineering Group for 2022 Wastewater Utility Technical Services ($172,780.00) Resolution 21-601 Approve Professional Services Agreement with AECOM Technical Services, Inc. for Knapp Street Quarries, Kienast-Paulus Quarries & Timmerman Landfill for Operations, Monitoring & Maintenance Support During 2022 Calendar Year ($139,500.00) Resolution 21-602 Approve 2022 Storm Water Utility Rate ($223.20 / ERU / Year) Council Member Ford stated there would be a rate increase and shared that he was hopeful the rate would stabilize in the future. Mr. Van Gompel explained staff would review the Capital Improvement Program to find the need for capital investments and staff was working to create a balance with issuing debt and building reserves. Mr. Rohloff stated the program began after 2008 and after 2027 the City would plateau. Mayor Palmeri asked if there were best practices for homeowners. James Rabe, Director of Public Works, explained that a development was required to implement practices to reduce the pollution that would run off the site and be eligible to receive credits through the storm water utility program if the requirements were exceeded. Mayor Palmeri asked if phosphorus was in the fertilizer used for grass. Mr. Rabe stated phosphorus fertilizer has been banned statewide except for a few exceptions such as establishment of a new lawn. He explained the City required leaves to be placed on the terrace instead of the street to prevent the phosphorus from polluting the storm sewer system. Resolution 21-603 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park & Millers Bay for the Otter Street Winter Fisheree & PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 6 Pond Hockey event / February 4 & 5, 2022 Resolution 21-604 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park Millers Bay, Gazebo area & cruise docks for the Otter Street Walleye Tournament / June 17, 18 & 19, 2022 Resolution 21-605 Approve Special Event – Otter Street Fishing Club to utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree / August 13, 2022 Resolution 21-606 Appoint 2022-2023 Democratic, Republican & Unaffiliated Election Inspectors Resolution 21-607 Approve Combination “Class B” License, Agent Changes, Special Class “B” Licenses, Taxi-Driver License, Operator Licenses & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-608 Amend Portions of Chapter 14 Storm Water Management, Chapter 24 Wastewater Systems, Chapter 25 Streets & Sidewalk & Chapter 28 Water Pertaining to Public Construction & Services & Methods of Payment & Create Chapter 21 of the Oshkosh Municipal Code Pertaining to Public Construction & Services / Methods of Payment / Special Charges / Special Assessments FIRST READING: LAID OVER UNDER THE RULES Ordinance 21-609 Adopt Parking Lot Maps & Associated Regulations in the Recently Reconstructed 8th, 9th & 10th Avenue Parking Lots MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Ordinance 21-610 Approve Zone Change from Institutional District (I) & Single Family Residential – 5 District (SR-5) to Institutional District with a Planned PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 7 Development Overlay (I-PD) for Property Located at 805 Witzel Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Erickson; second, Mugerauer) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Ordinance 21-611 Approve Zone Change from Institutional District (I) and Single Family Residential – 9 District (SR-9) to Institutional District with a Planned Development Overlay (I-PD) for Property Located at the Southeast Corner of Jackson Street and West Nevada Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Wojciechowski; second, Mugerauer) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Resolution 21-612 Approve 2022 Fees & Charges MOTION: ADOPT (Ford; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Mayor Palmeri asked about the liquor license fee. Ms. Ubrig explained the fee was regulated by State Statutes and Council had reduced the fee in 2020 due to Covid-19, this approval would change the fee back to the original fee. Resolution 21-613 Approve Funding for Lakeshore Park 4 Seasons Building MOTION: ADOPT (Erickson; second, Wojciechowski) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Council Member Erickson asked if the reconstruction of the Menominee Park road would be funded with an alternative source. Mr. Rohloff stated staff would review alternative funding sources. Council Member Ford asked about Pratt Trail. PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 8 Mr. Rohloff explained Pratt Trail was the road located along the shelter. He mentioned there was a walking trail that would be repaired as well. Resolution 21-614 Award Bid to Cardinal Construction Co. Inc. for Lakeshore Park 4 Seasons Building ($4,464,887.41) MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Deputy Mayor Mugerauer asked about a completion date. Ray Maurer, Director of Parks, stated Cardinal Construction would begin work mid-March weather dependent and anticipated completion would be by the end of fall. Resolution 21-615 Approve General Development Plan & Specific Implementation Plan for a New Parks Department Facility at 805 Witzel Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Mayor Palmeri asked for a summary of the project. Mark Lyons, Planning Services Manager, explained the planned development was needed for the new Parks Department building based on the unique layout of the lot and to make the site work. Deputy Mayor Mugerauer asked about the based standard modifications. Mr. Lyons stated the City was required to go through the same processes as a private developer and meet all base code requirements or seek a plan development for any modifications. He explained the process included a special design review through Plan Commission to make sure the City building was held to the same standard. Council Member Miller asked if the aerial image was accurate. Mr. Lyons stated the City had owned a parcel to the south that did not need to be rezoned. Council Member Miller asked if the house had been removed. PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 9 Mr. Lyons explained the acquisition was approximately 3 months prior. Mayor Palmeri asked if the house was removed. Mr. Lyons confirmed the documents within the packet showed the entire site plan. Mayor Palmeri asked if the bid would be higher than originally expected. Mr. Rohloff explained based on bid costs it was projected to be higher. Resolution 21-616 Approve General Development Plan and Specific Implementation Plan for a New Middle School Development Located at the Southeast Corner of Jackson Street & West Nevada Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Wojciechowski; second, Mugerauer) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Mayor Palmeri asked for a summary of the project. Mark Lyons, Planning Services Manager, explained the plan development was due to the unique character of the building, the size and the development. He stated the Plan Commission had a workshop, and a public hearing as well as several public input sessions were held. Mayor Palmeri asked why the project required the flexibility of a plan development. Mr. Lyons stated the single parcel, the size of the project and the zoning would allow for negotiation for more landscaping, reductions in setback, and the project included a triple fronted lot. Mayor Palmeri asked where the main building would be constructed and when the old building would be removed. Mr. Lyons explained he was not aware of the school district’s plan and the new structure would be located on the southeast corner of Nevada Avenue and Jackson Street. Resolution 21-617 Approve Specific Implementation Plan for an Indoor Institutional Use at the Northwest Corner of Ceape Avenue & Broad Street for the Day by Day Warming Shelter (Plan Commission Recommends Approval) PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 10 MOTION: ADOPT (Erickson; second, Wojciechowski) CARRIED: Ayes (6) Hansen, Miller, Wojciechowski, Erickson, Ford, Mayor Palmeri; Present (1) Mugerauer Council Member Ford stated there were no American Rescue Plan Act (ARPA) funds committed to the project. He explained when the Council reviewed the requests submitted for ARPA funding, the Day by Day Warming Shelter would be evaluated the same as the others. He stated the resolution was regarding an independent non-profit going through the process like any other organization would. He expressed his support and hope for a positive outcome. Mayor Palmeri stated her support and thanked the community for their support. Resolution 21-618 Amend Board & Commission Rules to Set Forth Rules Pertaining to the Placement of Matters on Board & Commission Agendas MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Council Member Erickson asked about the process for the updated changes. Ms. Lorenson stated, if approved, the Attorney’s Office would provide training to the staff liaisons and the liaisons would inform the boards and commissions. She explained if the boards and commissions requested training, the Attorney’s Office would accommodate the requests. Mayor Palmeri mentioned the item would also be included on the board and commission chairs/vice chairs meeting scheduled for January 13th, 2022. She asked if there would be discussion regarding topical references. Ms. Lorenson stated the proposed changes included a synopsis to reference the ordinance and information. She explained the updated pages would be added to the manuals for each board and commission. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mr. Rohloff stated the next Council meeting was scheduled for January 11, 2022. Mayor Palmeri asked if there was a date for the strategic planning update. PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 11 Mr. Rohloff explained once a consultant was in place, a poll would be sent out for scheduling. Mayor Palmeri mentioned a workshop was scheduled regarding the Clearwell Project update on January 11, 2022. Mr. Rohloff requested feedback from Council regarding questions or topics to have more information. Deputy Mayor Mugerauer suggested Council provide questions in advance of the meeting to allow staff the opportunity to provide information. Mayor Palmeri asked if there would be options for Council consideration. Mr. Rohloff stated the options could be discussed along with costs. Mayor Palmeri questioned if Council should provide feedback regarding the options prior to the workshop. Mr. Rohloff stated that Council could provide input prior to the workshop. Mayor Palmeri asked why the workshop was not scheduled prior to the Council meeting. Mr. Rohloff stated the workshop was not scheduled prior to the Council meeting due to the time constraint. Council Member Ford shared that his hope was to provide information to the community regarding the process and timeline. He asked about the potential for a landscape architect. Mayor Palmeri asked if staff was working with Winnebago Lakes Council. Mr. Rohloff stated staff would review and provide the information to Council. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions There were no reports on the Boards & Commission from Council. CITY MANAGER ANNOUNCEMENTS & STATEMENTS PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 12 Mr. Rohloff explained the following professional services agreements; Professional Services Agreement with Creative Sign for Industrial Park & Riverwalk Signage ($42,780.00); Professional Services Agreement with Pictometry International ($67,200.00); Professional Services Agreement with Donohue & Associates, Inc. for Structural Engineering Design and Construction-Related Services for 2022 Capital Improvement Projects ($60,000.00); Professional Services Agreement with KL Engineering, Inc. for Transportation Engineering On-Call Assistance Services for Calendar Year 2022 ($40,000.00); Professional Services Agreement with Brown & Caldwell for 2022 General Storm Water Services ($60,000.00); Professional Services Agreement with Brown & Caldwell for 2022 Site Plan Review Services ($50,000.00); Professional Services Agreement with AECOM Technical Services, Inc. for 2022 Storm Water Management Assistance ($30,000.00); and Professional Services Agreement with AECOM Technical Services, Inc. for Abandonment of Well Nests MW-9PZ-9 & MW-10/PZ-10R, and Installation of a New Well Nest MW-10R1 & PZ-10R1 at Timmerman Landfill ($41,000.00). Mr. Rohloff provided Council with the outstanding issues. He explained R.A. Smith would share a presentation in late January/February regarding the facilities study. Mayor Palmeri asked about the lifeline rate and public service commission review. Mr. Van Gompel explained the timing needed to be presented to the public service commission and the process had to have a confirmation on the construction of the Clearwell project prior. He recommended to not submit without the Clearwell project. Mayor Palmeri asked if the rate could not be submitted after the Clearwell project. Mr. Van Gompel stated if the documents were submitted prior to the Clearwell project, then the City would have to resubmit the information to have the rate adjusted. Mr. Rohloff explained sending two applications would not be recommended. Mr. Van Gompel stated the City was meeting the rate of return. Council Member Miller agreed with incorporating all the information on the rate case. Mayor Palmeri asked if there was an option for a lifeline provisional credit to citizens. Mr. Van Gompel stated the guiding principal would be if the utility was making the authorized rate of return and reviewing the financial position. He mentioned he did not think the commission would allow the City to provide the credit. PROCEEDINGS OF THE COMMON COUNCIL – DECEMBER 14, 2021 13 Mayor Palmeri asked if it was permissible for Council to consider and to issue a credit on the water bill using ARPA funds without impacting the rate case. Mr. Rohloff explained staff was not prepared to provide that information. Mr. Rohloff provided an update on the COVID-19 pandemic and stated the data received from the health department had the City within the critically high category. He explained the mask mandate would be extended through January. He stated the last walk in Wednesday for the year was December 15, 2021 at the Sunnyview Expo Center. MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Mugerauer; second, Ford) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri MOTION: SUSPEND THE RULES TO ALLOW COUNCIL MEMBER MILLER TO ATTEND THE CLOSED SESSION VIRTUALLY (Mugerauer; second, Ford) CARRIED: Ayes (7) Hansen, Miller, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 7:09 p.m. PAMELA R. UBRIG CITY CLERK