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HomeMy WebLinkAbout03. Common Council Minutes1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 22, 2022 REGULAR MEETING held Tuesday, February 22, 2022 at 5:01 p.m. in Room 404, Fourth Floor, City Hall Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Courtney Hansen, Bill Miller, Lynnsey Erickson and Mayor Lori Palmeri EXCUSED: Council Member Aaron Wojciechowski Deputy Mayor Matt Mugerauer arrived at 5:06 p.m. ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; and Lynn Lorenson, City Attorney, and Kelly Nieforth, Community Development Director MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS, AND TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR MORGAN CROSSING PHASE II PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION; (Ford, second, Erickson) CARRIED: Ayes (5) Erickson, Miller, Ford, Hansen, Mayor Palmeri MOTION: ADJOURN (Mugerauer, second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 5:06 p.m. JESSI L. BALCOM CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 22, 2022 REGULAR MEETING held Tuesday, February 22, 2022 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney, and Kelly Nieforth, Community Development Director CITIZEN STATEMENTS There were no citizen statements to Council. PUBLIC COMMENTS ON AGENDA ITEMS Ordinance 22-89 Approve General Development Plan & Specific Implementation Plan for a Commercial Development at the 200 Block of Ohio Street (Plan Commission Recommends Approval). Mark Johnson, Caribou Coffee, mentioned that the building signage would be placed on the eaves of the roof and he explained the municipal code prohibited roof signage. He asked Council to review the elevation of the building as well as the proposed location of the signage. He requested a building standard modification to allow the signage. Council Member Miller asked if the sign was on the roof. Mr. Johnson explained the sign was attached to the roof. Council Member Miller questioned the difference between the signage and that of a gas station. Ms. Nieforth explained the placement of the signage did not meet the code requirement due to sign being attached to the roof. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 2 CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Public Museum Minutes from January 6, 2022. Receipt & Filing of the Common Council Minutes from February 8, 2022. Receipt of Claim filed with the City’s Insurance Company: A) Paul Putzer for alleged damage to his vehicle from a city vehicle. Resolution 22-61 Award Bid to Ferguson Waterworks and Core & Main for 2022 Water Materials & Brass Goods for Water Utility Division ($162,156.70 estimated). Resolution 22-62 Approve Purchase of 2022 Water Meters & Transmitters from Core & Main for Water Utility Division ($598,868.00). Resolution 22-63 Approve Amendment with ImageTrend for Aladtec Integration for Fire Department (+$3,500.00). Resolution 22-64 Approve Submitting Application to Wisconsin Department of Natural Resources for Municipal Flood Control Grant Program. Resolution 22-65 Approve CIP Amendment & Change Order No. 3 (Final) for Public Works Contract No. 21-04 West 9th Avenue Reconstruction / Dorner, Inc. (-$6,493.67). Resolution 22-66 Approve Initial Resolution for Special Assessment 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. 22-13 A) Witzel Avenue (100’ west of Wyldewood Drive to 500’ east of North Westhaven Drive). Resolution 22-67 Approve Purchase of Polymer Feed System for the Wastewater Treatment Plant from Energenecs ($204,720.00). Resolution 22-68 Approve Professional Services Agreement with Strand Associates, Inc. for Engineering Design Services for South Washburn Street & PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 3 Planeview Drive Rehabilitation ($185,000.00). Resolution 22-69 Approve Waiver of Purchasing Requirements & Authorize Staff to Negotiate Purchase of a Refuse Truck for the Sanitation Division. Resolution 22-70 Approve General Development Plan & Specific Implementation Plan for a Commercial Development for Property Located Adjacent to 1300 South Koeller Street (Plan Commission Recommends Approval). Resolution 22-71 Reassign Polling Site for District 2 & 3. Resolution 22-72 Reassign Polling Site for District 7. Resolution 22-73 Approve Special Event – United Auto Workers (UAW) Local 578 to utilize N. Koeller St. for their Solidarity Rally / February 26, 2022. Resolution 22-74 Approval Special Event – Oshkosh Fast Club to utilize Reetz Softball Complex & Menominee Park fields for the Extreme Spring Slugfest softball tournament / April 29 - May 1, 2022. Resolution 22-75 Approve Special Event – Business Improvement District (BID) Consortium to utilize Market St. & Opera House Square for the Downtown Chalk Walk / August 13, 2022. Resolution 22-76 Approve Special Event – Bago Walleye Club (BWC) to utilize Menominee Park Millers Bay for the BWC Walleye Invitationals /May 8, June 5, June 26, & July 17, 2022. Resolution 22-77 Approve Special Event – Houges Tavern to utilize Menominee Park Millers Bay for Houges Walleye Warm-Up / May 28, 2022. Resolution 22-78 Approve Special Event – Father Carr’s Place 2 Be to utilize City streets for the Father Carr’s Bridge Walk / June 4, 2022. Resolution 22-79 Approve Special Event – Vietnam Veterans of America Chapter 437 to utilize City streets to hold the Oshkosh 4th of July Parade/July 4, 2022. Resolution 22-80 Approve Special Event – Vietnam Veterans of America Chapter 437 to utilize South Park War Monument for the POW MIA Remembrance Ceremony / September 17, 2022. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 4 Resolution 22-81 Approve Special Event – Oshkosh Fast Club to utilize Reetz Softball Complex & Menominee Park fields for the Extreme Battle by the Bay softball tournament / September 23 – 25, 2022. Resolution 22-82 Approve Appointments to the following Boards & Commissions: Board of Zoning Appeals, Rental Housing Advisory, Diversity, Equity & Inclusion, Plan Commission & Public Arts & Beautification Committee. Resolution 22-83 Approve Combination “Class B” License, Special Class “B” Licenses & Operator Licenses. MOTION: ADOPT CONSENT (Ford; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 22-84 Approve Comprehensive Land Use Plan Amendment from General Commercial to Light Density Residential for Property Located East of the Eastern End of Farmington Avenue (Plan Commission Recommends Approval). FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-85 Approve Zone Change from Single Family Residential-5 (SR-5) to Single Family Residential-9 (SR-9) for Property Located East of the Eastern End of Farmington Avenue (Plan Commission Recommends Approval). FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-86 Amend Section 17-36 of the City of Oshkosh Municipal Code Pertaining to Public Nuisance Affecting Property Usage. MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Ordinance 22-87 Approve Zone Change from Urban Mixed Use District (UMU) to Central Mixed Use District (CMU) for Properties Located at the PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 5 Southeast Corner of Oregon Street & West 6th Avenue (Plan Commission Recommends Approval). MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri asked for clarification on the change. Mark Lyons, Planning Services Manager, explained the property was being sold to the neighboring property owner and the combination of parcels required the parcel to have the same classification. Ordinance 22-88 Approve Zone Change from Two Flat Residential – 10 with a Planned Development Overlay (TR-10-PD) to Single Family Residential – 9 (SR-9) for Properties Located at the East Side of the 600 Block of Grove Street (Plan Commission Recommends Approval). MOTION: ADOPT (Erickson; second, Mugerauer) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri asked for a summary. Mark Lyons, Planning Services Manager, stated the zone change provided consistency with the Habitat for Humanity project and to match the zoning with the surrounding neighborhood. Resolution 22-89 Approve General Development Plan & Specific Implementation Plan for a Commercial Development at the 200 Block of Ohio Street (Plan Commission Recommends Approval). MOTION: ADOPT (Mugerauer; second, Erickson) MOTION: AMEND TO INCLUDE BASE STANDARD MODIFICIATION TO ALLOW ROOF SIGNS ON THE NORTH AND SOUTH BUILDING FACADES. COMBINED WALL AND ROOF SIGN SHALL NOT EXCEED THE MAXIMUM ALLOWED WALL SIGN AREA (Ford; second, Miller) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 6 VOTE ON ORDINANCE AS AMENDED CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Deputy Mayor Mugerauer asked if Council had denied any similar requests and if the signage was prohibited based on the ordinance. Mark Lyons, Planning Services Manager, explained that staff had reviewed the ordinance which had prohibited the use of roof signs since the 1990’s and the City had not had any recent requests for roof signage. He stated staff had reviewed various Caribou Coffee locations throughout the Midwest to compare the potential signage options the applicant had done in prior projects. Deputy Mayor questioned if the concern was the signage being attached to the roof and asked if the signage were attached to the fascia of the building would that be permissible. Mr. Lyons explained if the signage would be attached to the fascia and did not protrude more than 12 inches above the top of the fascia, it would be acceptable. He stated when the sign was solely attached to the roof, the definition was applied. Council Member Miller asked if staff had reviewed the Green Bay location. Mr. Lyons stated that staff had reviewed locations within the Midwest and found various options. Council Member Miller asked if the City would be placing a burden on the developer by asking to have the signage placed on the fascia instead of the roof. Ms. Nieforth stated she did not believe there was a burden for the developer and mentioned the developer had alternatives for signage on other locations that would be code compliant. Mr. Lyons explained there were code compliant options available to the developer. Council Member Miller asked staff to assist the developer. Ms. Nieforth explained the Plan Commission had discussed the topic and did not approve the base standard modification. She stated Council could approve a base standard modification. Council Member Miller asked what the measurement was to make the signage work. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 7 Mr. Lyons explained it was a few square feet. Council Member Ford asked if the resolution was amended would it allow others to request roof signage. Ms. Nieforth stated future inquiries could happen if one was approved and mentioned staff would discuss making an amendment to the base zoning code or plan developments. Council Member Hansen shared her support for the signage as long as it would be true to the plans. Mr. Rohloff stated the approval would allow the project to start and the signage could be finalized later. Mayor Palmeri expressed her interest in exploring the other options for signage. Council Member Ford recommended that staff come back with options to update the code. Mr. Lyons explained the difficulty to change the zoning ordinance to have leniency with aesthetics. He suggested a base standard modification would be appropriate for the aesthetic discussions. Resolution 22-90 Support Production of the Next Generation Delivery Vehicle for the United States Postal Service in Oshkosh. MOTION: ADOPT (Wojciechowski; second, Ford) CARRIED: Ayes (6) Ford, Mugerauer, Hansen, Wojciechowski, Erickson, Mayor Palmeri Present (1) Miller Council Member Miller recommended Council remove themselves from this discussion and instead encourage recruitment of qualified talent to fill the open positions within the community. Council Member Ford stated the intent of the resolution was to demonstrate that Oshkosh would be a great place to live and work. He explained that the resolution recognized the importance of how important Oshkosh Corporation was to the community. He stated the resolution provided a unified message of support. Mayor Palmeri expressed her support for the resolution. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 8 Council Member Erickson stated her support and mentioned she agreed with the need for recruitment of talent. Deputy Mayor Mugerauer explained that Oshkosh Corporation was not only the largest employer but a valued community partner. He stated his support for the resolution. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Steve Gohde, Assistant Director of Public Works, stated the potential option to rehabilitate the Clearwells rather than reconstructing them would provide for 20-30 years of life. He mentioned a stipulation to the option would be an installation of an additional mitigation barrier for treatment of potential contaminants should the Clearwells fail to be water tight. He stated the system to treat the water would be an Ultraviolet (UV) treatment system. He explained that Council had received information regarding the cost estimates. He stated the Wisconsin Department of Natural Resources (WDNR) had explained that when the wells were reconstructed the City would need to build them above ground. Linda Mohr, Project Manager, Jacobs Engineering, stated if the UV treatment was installed it would not be an effective treatment barrier for all potential contaminants found in ground water. She explained the condition of the Clearwells and the ground water quality would allow for informed decisions to be made. Mr. Rohloff explained the City was required to do inspections on the wells every 5 years. He stated the last inspection was done in 2014 and the Clearwells were in fair condition. He explained there would have been an inspection in 2019 however it was waived with the potential of new Clearwells. He stated the table in the packet included the total cost of just the tanks. James Rabe, Director of Public Works, stated the investigation would take 6-8 months prior to submitting the information to the WDNR. Mr. Gohde explained the mitigation maintenance would need to be done more frequently instead of every 5 years which would come with added expenses. Mayor Palmeri asked if the maintenance would be needed annually. Mr. Gohde stated the frequency of maintenance was unknown. Council Member Miller asked if the WDNR had submitted in writing that the City could not construct underground tanks. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 9 Mr. Gohde confirmed yes. Council Member Miller asked what would be an acceptable treatment of Perfluoroalkyl substances (PFAS) approved by the WDNR and the Environmental Protection Agency (EPA). Ms. Mohr stated acceptable treatments were granular activated carbon contactors or reverse osmosis membranes. Mr. Gohde mentioned the City had the granular activated carbon treatment at the treatment plant, but the Clearwells would be after that process. Council Member Miller asked about the cost associated with maintenance inspections. Ms. Mohr explained the cost would be associated with power cost and the cost to drain and refill the Clearwells. She stated the inspections would be done with a structural engineer. She stated each Clearwell might cost $5,000 - $10,000 as well as the cost of preparation prior to the inspection, dewatering the basin and disinfecting after inspection. She explained the cost breakdown would be provided. Council Member Miller asked if the $140,000 included the identification of the estimated maintenance costs. Mr. Gohde explained that the $140,000 included the Clearwell inspection and the ground water sampling/analysis. Council Member Miller questioned if the analysis would include the estimation on inspection/maintenance costs for the tanks. Council Member Ford asked what the life cycle was for new above ground tanks. Ms. Mohr confirmed the new tanks life cycle would be between 60-100 years. Council Member Ford stated he would like to keep exploring alternative options. He asked for a cost benefit analysis prior to making a decision. Ms. Mohr explained the cost benefit analysis could be provided after the physical condition of the structures was known. Mr. Gohde mentioned the additional $190,000 cost would be for the preparation of the proposal to WDNR. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 10 Council Member Miller asked after the analysis would the City know about the condition of the Clearwell prior to spending the additional $190,000 for the proposal. Ms. Mohr confirmed that was correct. Mayor Palmeri asked if the granular activated carbon treatment covered all PFAS types. Ms. Mohr explained the design of a treatment process would be based on the specific containments that need to be removed. Mr. Rohloff mentioned the topic would be added to an upcoming agenda for further Council direction. He explained staff recommended to move forward with the ozone equipment, and generators regardless of the Clearwells decision. Council Member Miller questioned if staff would move forward with the other items separately. Council Member Hansen questioned what the total amount was for the design cost of the 60% complete design plan. Ms. Mohr stated the cost was around $450,000 however portions of the design were reused from 2017. Deputy Mayor Mugerauer asked if the number would have been larger. Ms. Mohr explained that was correct. Mayor Palmeri mentioned the future workshop on the facilities study scheduled for March 8, 2022. Mr. Rohloff explained the facility workshop would be rescheduled for a time after the Long Range Finance Committee discussed budget, debt management and the debt policy. Mr. Rohloff stated a workshop regarding Jackson/Oregon Bridge on March 22, 2022 would include in-person Department of Transportation staff. He stated there would be a Public Information virtual meeting with stakeholders on April 4, 2022 led by the Department of Transportation. Mayor Palmeri mentioned the USEPA mandate to conduct PFAS sampling of public water systems. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 11 James Rabe, Director of Public Works, stated the United States Environmental Protection Agency (USEPA) was required to publish an updated Unregulated Contaminants Monitoring Rule (UCMR-5). He explained staff had been developing a PFAS testing plan and receiving cost estimates from labs to conduct UCMR testing which had been identified by the EPA. He stated testing and reporting would start in 2023. Mayor Palmeri asked how soon testing would begin. Mr. Rabe explained staff would begin testing when the EPA mandate goes into effect and when the reporting systems were in place. Mayor Palmeri asked if there would be a workshop on the topic. Mr. Rohloff explained there would not be a workshop regarding the topic and the City did not have any concerns regarding PFAS. He stated the requirement was established for all water systems serving more than 10,000 citizens. Council Member Miller asked if the City had any indication of PFAS in the drinking water. Mr. Rabe explained the City had not tested for PFAS since it had not previously been a requirement. Mayor Palmeri asked if there had been discharges/spills. Mr. Rabe explained the discharge/spills reported followed the proper clean-up and containment procedure. He stated that continued testing would take place in the case of a potential discharge/release. Mayor Palmeri asked if the UCMR document included additional test compounds. Mr. Rabe explained there were 29 different compounds identified and the document could be found on the EPA website. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Erickson Rental Housing Advisory Board  Online Public Input Session to hear about Housing Study Thursday, February 24, 2022 at 6 p.m. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 12  Meetings would switch to monthly meetings Transit Advisory Board  Heated Shelter would be closed due to the Federal Mask Mandate  Ridership numbers increased from 2020 Council Member Miller Oshkosh Convention and Visitors Bureau  Oshkosh Restaurant Week from March 3-13, 2022 with 25 restaurant participating Mayor Palmeri Bicycle and Pedestrian Advisory Committee  Five Bridges Trail was reviewed with signage  Discussion on the Bike Osh Event in May 2022 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff explained the COVID-19 update included the expirations of the mask mandate for all City buildings on February 28th, 2022. He stated all Boards and Commissions that were not previously scheduled would begin meeting in-person as of March 1, 2022. He asked Council how to proceed with the virtual options for the Council Meetings. Deputy Mayor Mugerauer asked if the mask mandate would expire for all City owned buildings. Mr. Rohloff stated that was correct with the exception of the transit heated shelter that was governed by the Federal Mask Mandate and the library, which is determined by the Library Board. He explained the status of the Emergency Declaration was based on the City being in the very high category, the need for emergency staffing (this allowed the City to have the flexibility due to positive cases within employees), medical infrastructure, and allowed the City to respond to emergencies such as opening the Day by Day Warming Shelter. He expressed the emergency declaration allowed the decision to reinstate a mask mandate if needed. Deputy Mayor Mugerauer stated that all of these abilities would be allowed without the emergency declaration and asked what part of the emergency declaration was still needed. Mr. Rohloff explained he did not have the ability to resolve a staffing issues without the State of Emergency. PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 13 Mayor Palmeri asked how long the emergency declaration would continue. Mike Stanley, Fire Chief, stated the emergency management of the pandemic was still active. He explained the increased number of general sick classification calls that were received and the 7-10% staff absenteeism due to COVID-19. Deputy Mayor Mugerauer explained that he did not see the need for a State of Emergency. Mr. Rohloff stated he would be able to call a State of Emergency at any time and the Council would need to declare the emergency order over. He explained the reason staff would not recommend the emergency declaration to be removed was for operational reasons. Mayor Palmeri asked about the hybrid for Council meetings. Mr. Rohloff explained the American Disabilities Act (ADA) accommodation would be made at any time. He asked if Council would like everyone to resume in-person only meetings. Council Member Ford expressed that his preference would be to be consistent for Council meetings with Board and Commissions. He requested a list of what powers were being used under the State of Emergency or would harm day to day operations if removed. Council Member Erickson stated that she would like to continue to allow staff/Council to participate virtually if needed. Mr. Rohloff explained the outstanding issues were provided to Council and he stated that staff was waiting to hear from the State with the American Rescue Plan Act (ARPA) allocations regarding the Day by Day Warming Shelter. He would provide information as it became available. Mr. Rohloff noted the Online Housing Study Update was scheduled for February 24, 2022 from 6-7 p.m. Mayor Palmeri asked if Council did not allow virtual accommodations would that include consultants. Ms. Lorenson explained the rules had provisions regarding remote participation due to distance, cost, time or when better facilitated for the benefit of the City. Deputy Mayor Mugerauer stated he agreed with allowing consultants and staff to PROCEEDINGS OF THE COMMON COUNCIL – FEBRUARY 22, 2022 14 participate remotely based on the benefit of the City however not allowing virtual options for participation. Council Member Wojciechowski expressed that he would support allowing a virtual participation option regardless of the State of Emergency. Council Member Ford stated he agreed the virtual participation option as long as it was not tied to the State of Emergency. Ms. Lorenson stated the rules were not tied to the State of Emergency. Council Member Miller asked how difficult the hybrid model was for virtual participation. Tony Neumann, Information Technology Manager, explained the virtual option would be achievable with proper notice due to staffing and technology. MOTION: ADJOURN (Mugerauer; second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 7:50 p.m. JESSI L. BALCOM CITY CLERK