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HomeMy WebLinkAbout03. Common Council MinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 11, 2022 REGULAR MEETING held Tuesday, January 11, 2022 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Bill Miller, Aaron Wojciechowski, Lynnsey Erickson, Michael Ford, Matt Mugerauer, Courtney Hansen and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney, and Steve Gohde, Assistant Public Works Director INTRODUCTION OF STAFF Kelly Nieforth, Director of Community Development, welcomed Jason Pausma as the new Economic Development Service Manager and shared his professional experience. WORKSHOP Linda Moore, Project Manager, Jacobs Engineering, provided information regarding the Clearwell Project update, project public meeting and public comments, responses to public comments and next steps. Mayor Palmeri asked if the UV Disinfection area would be a large enough area. Ms. Moore explained the area would be appropriate for the system. Council Member Ford expressed his appreciation for the information and asked about the Wisconsin Department of Natural Resources (DNR) process. Ms. Moore stated that she had spoken with the DNR, who explained that the DNR did not grant variances to administrative code, however the DNR would review the technical design and determine if the design approach met the code standards. Council Member Ford asked if the partially buried tanks option had the most unknown factors. PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 2 Ms. Moore explained that was correct. Council Member Ford questioned if the tanks had the correct amount of storage. Ms. Moore stated the volume of storage met best practices. Deputy Mayor Mugerauer expressed there were significant restraints with the site and thanked Ms. Moore for providing options. He asked about the long term maintenance cost for the different options. Ms. Moore stated she did not have the dollar amount for long term maintenance. She mentioned the pre-stressed concrete had fewer joints and fewer opportunities for issues. Deputy Mayor Mugerauer asked if the double wall rectangle tank design would be recommended for the City. Ms. Moore stated the design posed more risks to the City. Council Member Miller inquired about a landscaping plan. Mr. Rohloff stated landscaping would be discussed after the project was started. He explained input from stakeholders could happen and that the exterior work would be sent out to bid. Council Member Miller asked about the water usage. Mr. Rohloff confirmed the water usage had been declining. Council Member Miller asked if there was a water main break due to a contractor hitting a water main. Mr. Gohde confirmed that was correct. Council Member Hansen inquired about leveling the existing underground tanks to lower the ground level for the new tanks. Ms. Moore explained the existing Clearwells ranged in depth from 13-16 feet. She mentioned that the plan was to demolish the top and gradually demolish the upper portions of the walls while using the walls as excavation support. Council Member Hansen asked if the height of the tank would be reduced with reusing PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 3 the existing Clearwells. Ms. Moore stated the existing Clearwells footprint would be filled underneath the new pump station and storage tanks. Council Member Ford questioned if using the existing tanks would change the height of the project. Ms. Moore explained the elevation of 751.5 was due to the ground water being at elevation 749.5 and the minimum elevation requirement being 2 feet above ground water. Mr. Gohde mentioned that the ground on the top of the existing tanks was approximately 759. Council Member Ford asked for clarification on the site plan approval process. Mr. Rohloff explained the project would follow the process of having Plan Commission and Council review/approve. Council Member Miller asked if input would continue to be accepted. Mr. Rohloff stated the City would continue to accept input. Russ Van Gompel, Director of Finance, explained staff had prepared a public hearing notice which would also be included in the monthly utility bills. Mayor Palmeri asked if comments at the public hearing would be allowed regarding the lifeline rate. Mr. Van Gompel mentioned the lifeline rate would be discussed once the construction authorization was completed. Mr. Rohloff explained the application would be for the construction authorization. He expressed that public input was important. Ms. Moore mentioned the Public Service Commission requested a public hearing to gain the public’s perspective. CITIZEN STATEMENTS Beth Wyman, 1373 Waugoo Avenue, expressed her concern for the Clearwell project and PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 4 stated her hope for economic development within the community. Aaron Sheer, 1720 Cliffview Drive, expressed concerns regarding the Clearwell project and stated a landscape architect could provide possibilities. PUBLIC COMMENTS ON AGENDA ITEMS Resolution 22-14 Approve Land Acquisition of 0 Broad Street & 400 Ceape Avenue from the Oshkosh Housing Authority ($150,000.00) (Plan Commission Recommends Approval) Tina Haffeman, 1307 Washington Avenue, expressed her support for the new Day by Day Warming Shelter on the proposed site. Jason Havlik, 1944 Westbreeze Drive, thanked the Council and explained the history of the Day by Day Warming Shelter. He mentioned the Day by Day Board asked Council to approve the resolution to move forward. Bradford Lasky, 1319 Bay Shore Drive, expressed his opposition for the proposed location of the Day by Day Warming Shelter. Eric Sparr, 449 High Avenue, stated his support for the proposed location and provided background of the project/location. Deb Martin, 164 Wildwood Drive, expressed her support for the proposed location. Tom Barlow, 419 Boyd Street, shared his support for the proposed location. Jeff Trembly, 3040 Wilderness Place, President of Community Foundation Board of Directors, expressed support from the Oshkosh Area Community Foundation to address homelessness within the community. He stated the board had requested Council delay the approval to allow the foundation time to review alternative sites. Council Member Ford asked if the Oshkosh Area Community Foundation would remove funding if the proposed site was approved. Mr. Trembly explained that it was not the intention of the Community Foundation however the delay would allow for further pursuit of potential sites which could yield more support from donors. Council Member Miller asked if the organization was committed to working with Day by PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 5 Day. Mr. Trembly stated the organization was committed to working with Day by Day to find the best solution for the community. Carmen Scott, 521 Otter Avenue, shared her support of the Day by Day Warming Shelter. Resolution 22-05 Approve Historic Jackson Neighborhood Plan (Plan Commission Recommends Approval) Shirley Barbender-Mattox, 1313 Jackson Street, stated her support for the neighborhood plan. Mayor Palmeri read the following emails into the record. Don Nelson, 3281 Elk Ridge Drive, stated his support for the new warming shelter location. Molly Smiltneek, 1855 Hickory Lane, supported the proposed location. Sheldon Lasky, 1650 River Mill Road, expressed his opposition with the proposed location. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Public Library Board Minutes from November 18, 2021. Receipt & Filing of the Common Council Minutes from December 14, 2021. Resolution 22-01 Approve CIP Budget Amendment & Award Bid for Public Works Contract No. 22-04 to Dorner, Inc. for Algoma Boulevard & Vine Avenue Reconstruction ($8,685,603.96) Resolution 22-02 Approve Amendment to Professional Services Agreement with Professional Service Industries, Inc. for Construction Materials Testing for the 2021 Capital Improvement Program ($12,094.00) Resolution 22-03 Approve Professional Services Agreement with Strand Associates, Inc. for Property Survey, Property Acquisition, Environmental Assistance & Grant Application Services for Sawyer Creek Rural II Detention Basin ($85,000.00) PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 6 Resolution 22-04 Approve Specific Implementation Plan Amendment for Signage at 1844 Oshkosh Avenue (Plan Commission Recommends Approval) Resolution 22-05 Approve Historic Jackson Neighborhood Plan (Plan Commission Recommends Approval) Resolution 22-06 Approve Special Event – Battle on Bago Foundation, Inc. to utilize Menominee Park & Millers Bay for the Battle on Bago event / February 18 & 19, 2022 Resolution 22-07 Approve Appointments to the following Boards & Commissions: Transit Advisory Board, Diversity Equity & Inclusion Committee, Long Range Finance Committee Resolution 22-08 Approve Combination “Class B” License, Combination “Class A” License, Class “B” Fermented Malt License, Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Mugerauer; second, Erickson) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 22-09 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Property Located at 580 South Koeller Street (Plan Commission Recommends Approval FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-10 Allow street parking on West 9th Avenue from west of the Intersection with Oakwood Road to Linden Oaks Drive FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-11 Set the Speed Limit on Compass Way & Transit Drive to 30 Mph & designate Clairville Road as the through Street at its Intersection with Compass Way & Transit Drive PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 7 FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-12 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 MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Mayor Palmeri Resolution 22-13 Approve Purchase Agreement with T. Wall Enterprises Development, LLC for Redevelopment of the Property Located 43 East 7th Avenue MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Mayor Palmeri Resolution 22-14 Approve Land Acquisition of 0 Broad Street & 400 Ceape Avenue from the Oshkosh Housing Authority ($150,000.00) (Plan Commission Recommends Approval) MOTION: ADOPT (Wojciechowski; second, Erickson) MOTION: LAYOVER UNTIL COUNCIL MEETING ON JANUARY 25, 2022 (Miller; second, Ford) LOST: Ayes (3) Miller, Ford, Hansen Noes (3) Wojciechowski, Erickson, Mayor Palmeri Present (1) Mugerauer VOTE ON MOTION TO ADOPT CARRIED: Ayes (5) Wojciechowski, Erickson, Ford, Hansen, Mayor Palmeri Noes (1) Miller Present (1) Mugerauer Council Member Miller asked if a delay would cause complications with the process. Mr. Rohloff stated the delay would not delay any physical process. He explained the concern would be regarding fundraising efforts for the shelter. PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 8 Council Member Wojciechowski stated his support of the resolution. Council Member Ford expressed his disappointment and concern with stakeholders. Council Member Erickson stated her frustration and expressed that she did not support the delay. Mayor Palmeri stated that she would not support the delay. Council Member Ford stated his support to approve and mentioned that he hoped the organizations would work together. Council Member Hansen expressed her hope for cohesion. Mr. Rohloff explained that GoEDC held a meeting that he did not attend regarding the topic. He expressed his confidence with the organizations to continue discussions and explained he directed staff to work to identify a year round temporary facility. He asked the community if anyone was aware of a site that would be available to assist with the temporary need. Mayor Palmeri asked if the temporary facility would be in place until the shelter was completed. Mr. Rohloff confirmed that if a temporary site could be found, it would be year round until the shelter was built. Deputy Mayor Mugerauer explained the Council’s role was to bring organizations and individuals together. Resolution 22-15 Approve Amendment to Lead Service Line Replacement Policy MOTION: ADOPT (Wojciechowski; second, Erickson) CARRIED: Ayes (7) Miller, Hansen, Wojciechowski, Erickson, Ford, Mugerauer, Mayor Palmeri Deputy Mayor Mugerauer asked how many homes were serviced by lead lines and questioned what would it take to eliminate the issue within the City. Mr. Gohde explained approximately 6,500 lead service lines remained within the City and the average cost was $4,000 to repair the private side and he stated that he did not have the cost to replace the public side of the lines. PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 9 Council Member Miller asked if the replacement program was available. Mr. Gohde explained that funding had not been confirmed yet. Mr. Rohloff stated his confidence that the funding would come through however the American Rescue Act Funds could be used if Council approved. Mayor Palmeri inquired if a homeowner needed private side repair the rebate of $2,000 would assist after the repair was made. Mr. Gohde confirmed that was correct. Mayor Palmeri asked if there was a way to assist homeowners with the initial funds. Mr. Gohde explained there was a program for low or moderate income household that allowed the program to pay the contractor directly. He asked if special assessment funds could be used. Ms. Lorenson confirmed that special assessment funds could not be used on private property. Council Member Miller asked if staff could review an emergency plan. Mr. Rohloff stated he would look into an emergency plan. Mayor Palmeri asked how much funding was added to the capital improvement plan for lead line replacement. Mr. Rohloff explained the funding had come from grant funding. Resolution 22-16 Approve Amendment to Transit Services Agreement with Oshkosh Area School District for Additional Tripper Route for North High School MOTION: ADOPT (Erickson; second, Mugerauer) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Mayor Palmeri Jim Collins, Director of Transportation, explained the additional bus would begin on January 18, 2022 which would eliminate students waiting for a second bus and overcrowding. He explained that the Oshkosh Area School District would be funding half PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 10 of the total cost and the City had grant funding which covered most of the cost. Deputy Mayor Mugerauer stated his appreciation to balance the needs of the students and community. Mr. Collins mentioned over 86,000 rides were given to students in 2021. Resolution 22-17 Approve City Manager Evaluation for 2021 MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen, Mayor Palmeri Deputy Mayor Mugerauer read a statement about Mr. Rohloff along with the 2022 City Manager Goals: 1. Identify and pursue a strategy for the city to provide support for short and long-term solutions to reduce and end homelessness. 2. Continue incorporating equity and inclusion into the day-to-day operations and structures of the Oshkosh city government by doing the following: (a) Create employee DEI committee and begin reporting on approved DEI measures; and (b) Support DEI Committee and its consultant to create the DEI Committee Strategic Plan. 3. Present funding options to begin implementation of ADA improvements as recommended by SRF / Accessibility Audit of Oshkosh Public Buildings and Facilities Report. 4. Continue participating in State multi-organizational committee on Local Government Funding (LGFC) to address Oshkosh’s shortfall in state-local funding, with particular attention to Municipal Services Payment (MSP) program, Shared Revenue, and Transportation Aids. Mayor Palmeri thanked Deputy Mayor and Council for their professionalism. Council Member Ford thanked Deputy Mayor. Council Member Wojciechowski shared his appreciation for both the Deputy Mayor and Mr. Rohloff. Mr. Rohloff thanked Council. PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 11 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri mentioned a potential resolution or upcoming discussion regarding environmental justice. Mr. Rohloff stated the facilities study would be added to a future agenda. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Ford Committee on Aging  Discussed Mailing Scams Deputy Mayor Mugerauer Long Rang Finance Committee  Discussed Debt Goals with Potential Recommendation to Council Mayor Palmeri Advisory Park Board  Discussed the Chief Oshkosh Monument  Reviewed concept renderings for Menominee Park Beach House expansion Mayor Palmeri mentioned the upcoming quarterly chair meeting on January 13, 2022 and there would be an upcoming East Central Regional Wisconsin Planning Commission meeting. CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff reminded the community that Roe Park Ice Rink would be open for the community to enjoy. Mayor Palmeri mentioned that volunteers were needed. Mr. Rohloff explained there were technical issues while printing the 2021 Tax Bill which led to some property owners receiving two tax bills and others not receiving a bill. He explained that the online version was accurate. He mentioned staff had done a complete review to control any further issues. PROCEEDINGS OF THE COMMON COUNCIL – JANUARY 11, 2022 12 Mr. Rohloff provided Council with the outstanding issues. Council Member Ford explained the Oshkosh Convention and Visitor’s Bureau Tourism Assessment and mentioned an update would be provided on January 25, 2022. Mr. Rohloff stated 88-90% of the COVID-19 patients were unvaccinated. Mayor Palmeri inquired how many Board and Commission meetings were virtual. Mr. Rohloff explained 50% were virtual and more were considering the virtual option due to current COVID-19 concerns. MOTION: ADJOURN (Mugerauer; second, Miller) CARRIED: VOICE VOTE The meeting adjourned at 8:32 p.m. JESSI L. BALCOM CITY CLERK