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HomeMy WebLinkAbout03. Common Council MinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 26, 2022 REGULAR MEETING held Tuesday, July 26, 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 Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Jessi Balcom, City Clerk; Lynn Lorenson, City Attorney; and Kelly Nieforth, Director of Community Development CITIZEN STATEMENTS Patricia Diener, 1316 Broad Street, stated there was a manhole cover issue which led to uncovering other issues. She mentioned that employee retention was important. She asked about rules/guidelines regarding the permitting process. She expressed concern for the motorized bicycles and asked about the rules/laws. She mentioned that certain matters should not involve the Police. Ms. Lorenson explained that staff had been in contact with the Police Department to enforce what could be enforced however there were not regulations regarding the motorized bicycles. Mayor Palmeri mentioned that bikes/all bikes were allowed in the road lane as well as the sidewalks. Ms. Lorenson stated that was correct and explained the concern was being reviewed. CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt of Claim filed with the City’s Insurance Company: A) Most Blessed Sacrament Parish for alleged damage due to sewer backup. Resolution 22-310 Approve Regional Fire Department Hiring Process Agreement- Chippewa Valley Technical College – CVTC. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 2 Resolution 22-311 Award Bid for Public Works Contract 22-02 to Advance Construction, Inc. for East 9th Avenue Reconstruction ($2,468,231.85). Resolution 22-312 Approve Purchase of Lighting Poles and Fixtures from Enterprise Lighting LTD, Traffic Signal Equipment from Traffic and Parking Control Co. (TapCo) and Traffic Cameras from Gridsmart Technologies for the East 9th Avenue Contract 22-02 ($116,567.55). Resolution 22-313 Approve Change Order No. 1 for Downtown Transit Center Facility Improvements ($61,202). Resolution 22-314 Award Bid for Public Works Contract 22-11 to Wood Sewer & Excavating for Sanitary Manhole Rehabilitation/ Inflow/Infiltration Reduction Program ($533,527.50). Resolution 22-315 Approve Professional Services Agreement with Speedy Clean Drain & Sewer, Inc. for Sanitary and Storm Sewer Mains and Laterals Televising Services ($172,005.00). Resolution 22-316 Approve Edward Byrne Memorial Justice Assistance Grant (JAG) for Police Department in the Amount of $17,953. Resolution 22-317 Approve CIP Amendment and Intergovernmental Agreement with Winnebago County for Construction of a Storm Water Outfall at Sherriff’s Department Boathouse on Broad Street. Resolution 22-318 Approve Amendment to Museum Membership Budget ($4,000). Resolution 22-319 Grant Electric Easement at 1600 Oshkosh Avenue (Lakeshore Park) to Wisconsin Public Service Corporation (Plan Commission Recommends Approval). Resolution 22-320 Grant Electric Easement for an Emergency Siren at 1600 Oshkosh Avenue (Lakeshore Park) to Wisconsin Public Service Corporation (Plan Commission Recommends Approval). Resolution 22-321 Grant Electric Easement at 520 Siewert Trail (Menominee Park) to Wisconsin Public Service Corporation (Plan Commission Recommends Approval). Resolution 22-322 Approve Special Event – Winnebago County Democratic Party to PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 3 utilize South Park for the Winnebago County Democratic Corn Roast / August 27, 2022. Resolution 22-323 Approve Special Event – Winnebago County Labor Council to utilize South Park for the Oshkosh Citywide Labor Day Picnic & Car Show / September 5, 2022. Resolution 22-324 Approve Special Event– Fox Valley Physical Therapy to utilize City sidewalks for the Spectacular Game Night & Run-Roll-Ride 1K / August 19, 2022. Resolution 22-325 Approve Special Event– Cool Events LLC to hold the Terrain Race on the Experimental Aircraft Association (EAA) Grounds / August 24, 2022. Resolution 22-326 Approval Special Event– UW Oshkosh to utilize City streets for the UWO Marching Band Parade / September 3, 2022. Resolution 22-327 Approve Special Event– UW Oshkosh to utilize City streets for their Move In Days / August 31 – September 4, 2022. Resolution 22-328 Approve Special Event– UW Oshkosh to utilize City streets for the Titan Welcome Week – Friday Dinner – September 2, 2022. Resolution 22-329 Approve Appointments to Various Boards & Commissions. Resolution 22-330 Approve Operator Licenses. MOTION: ADOPT CONSENT AGENDA (Wojciechowski; second, Ford) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen and Mayor Palmeri ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 22-331 Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval). FIRST READING: LAID OVER UNDER THE RULES Mayor Palmeri asked for a summary. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 4 Mark Lyons, Planning Services Manager, explained that once a year staff updates to stay up to date with changes at the State level and trends within the area. Ordinance 22-332 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Properties Located West of South Washburn Street (Plan Commission Recommends Approval). FIRST READING: LAID OVER UNDER THE RULES Ordinance 22-333 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with a Planned Development Overlay (SMU-PD) for Properties Located at 350-600 South Koeller Street (Plan Commission Recommends Approval). MOTION: ADOPT (Erickson; second, Ford) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen and Mayor Palmeri Resolution 22-334 Amend Hours for Main Street Area Designated Outdoor Refreshment Area (DORA). MOTION: ADOPT (Miller; second, Wojciechowski) LOST: Ayes (2) Miller, Hansen Noes (5) Wojciechowski, Erickson, Ford, Mugerauer, and Mayor Palmeri Thomas Middelsteadt, 1923 Iowa Street, MJM Behavioral Health/Breakwater, expressed his concerns for including drinking during the Farmer’s Market which was a family friendly event. He stated the change created a high risk situation for clients to participate in treatment. He explained that he would not be able to offer relapse prevention groups on Thursday due to the timing of the DORA. He expressed that he was opposed to expanding hours. Paul Spiegel, 1970 S Westhaven Drive, Breakwater Coalition, stated that he had provided a statement concerning the opposition for the expansion of the DORA hours. He expressed his concern about including alcohol during a family friendly event such as the Farmer’s Market. He stated the Farmer’s Market was already successful and did not need the alcohol. He expressed that the addition of alcohol during the Farmer’s Market would put people in recovery at risk. He asked about the police presence if the time was extended. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 5 Mayor Palmeri asked what other options there are for citizens going through recovery that would not be able to participate in prevention groups. Mr. Middelsteadt stated he would create a prevention group on a different evening however clients might have to go to another business. Council Member Miller stated he did not realize the Farmer’s Market wanted to be a part of the DORA and explained that he had discussions with the Farmer’s Market which stated they did not want a large amount of drinking. He expressed that he spoke with the Police Department which indicated they did not see an issue with 10:00 a.m. – 3:00 p.m. Council Member Ford explained that he would not support expanding the hours. He stated he would consider the addition after the pilot ended. He explained that Council should stay consistent. Council Member Wojciechowski asked if there had been reported issues with DORA. Dean Smith, Chief of Police, stated there had been 16 educational interactions regarding rules which all had complied. Council Member Wojciechowski stated that he was glad there had not been incidents. He expressed that he did not believe extending the hours would cause any issues. Council Member Erickson expressed her concern for extending the DORA before the pilot was over and the ability for citizens to participate in a family friendly event. Deputy Mayor Mugerauer stated that process matters and explained that it was too early to determine if there were any issues. Council Member Hansen asked if the hours should be added to the pilot to see if there would be issues and explained that she was unsure of the position. Council Member Wojciechowski stated that the Farmer’s Market could be a part of the pilot. Mayor Palmeri stated that she would not support extending the hours. Resolution 22-335 Approve Preliminary Plat for the Creation of an 18-Lot Single Family Residential Subdivision at the East End of Farmington Avenue (Farmington Cottages) (Plan Commission Recommends Approval). PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 6 MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen and Mayor Palmeri Mayor Palmeri asked for a summary. Mark Lyons, Planning Services Manager, stated the first smaller lot subdivision which would bring a lower price point into the City. He explained the developer would continue to work with engineering to finalize their plan and start the project by the end of the year. Ms. Nieforth stated by approving Council would be implementing recommendations from the Housing Study. Mayor Palmeri asked if there was an average size of the homes. Mr. Lyons explained that staff had not received housing plans at this time. He stated the developer had mentioned 1000-1200 sq. ft. range. Resolution 22-336 Approve Revised Amendment of City Ward Maps to Comply With Legislative District Boundaries. MOTION: ADOPT (Mugerauer; second, Ford) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen and Mayor Palmeri Ms. Balcom explained several districts had to be divided for specific races such as school district or sanitary districts. She mentioned that the amendment provided clarity regarding the district combo descriptions. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri asked Council if everyone was available for the closed session for City Manager Mid-Year Review on August 10, 2022. Council Agreed. Mayor Palmeri stated there was no longer a need to schedule hearing suspension/revocation of combination “Class B” License / Fox Valley Pro Basketball Inc. / Menominee Nation Arena. Mr. Rohloff confirmed it was pulled due to the tax bill being paid in full. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 7 Mr. Rohloff stated recommendation would be provided regarding ARPA allocations for non-infrastructure purposes at the August 10, 2022 Council Meeting. Mr. Rohloff stated that staff had been working on the virtual option for meetings. He explained that the Diversity, Equity and Inclusion Committee had reviewed the options. Mr. Rohloff stated that the Clearwell Workshop was scheduled on August 23, 2022 for the Council Meeting scheduled on August 10, 2022. Council Member Ford asked if there would be an update. Mr. Rohloff explained there would be an update provided to Council since the analysis. James Rabe, Director of Public Works, stated that inspections had been completed and submitted the reports to the Department of Natural Resources. He explained that staff was scheduling a meeting with the DNR to receive clarification prior to workshop so that information could be provided at the workshop for discussion. Mayor Palmeri mentioned the 2nd Budget Workshop would be held on August 30, 2022 at 5:00 p.m. Mayor Palmeri asked about Central City residential parking. She mentioned that there were limitations to the number of permits that could be purchased within the Central City area. Dean Smith, Chief of Police, stated that parking permits were only allowed to have 9- month parking permits. He explained the City had the appropriate number of parking spaces. He mentioned that online permitting was being worked on through Duncan Solutions. Mayor Palmeri stated the parking permit issues are related to Census track 5 & 7 which is the most densely populated areas within the City with the least amount of parking spaces. She asked if Council would be interested on adding the topic to a future agenda for discussion. Council Member Miller asked for clarity on which citizens would not be included. Mayor Palmeri stated the zip code determined the ability to park on the street because a year round permit would not be allowed to be purchased. Council Member Miller asked how long the parking permit process had been in place. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 8 Chief Smith explained that the parking permit process had been in place a number of years. He stated that the new software would allow residents to purchase permits online. Council Member Miller asked who was unable to receive a parking pass. Mayor Palmeri stated there was a specific area that is not allowed to receive a year round pass, instead could only receive a 9-month parking pass. She asked what year the university transition overlay was implemented. Chief Smith stated that citizens within that area could not receive year round parking passes. Mayor Palmeri asked if Council would consider reviewing or referring the topic to examine the situation. Council Member Miller asked if the software would prevent citizens from having to wait in a physical line. Chief Smith confirmed the online format would provide a virtual option. Deputy Mayor Mugerauer asked how many permits had run out. Chief Smith stated he did not have that information however there was a limited number of passes. Deputy Mayor Mugerauer asked why the 9-month passes instead of the year long passes. Chief Smith stated the 9-month permit was enforced when college students were not able to obtain a parking permit due to the citizens receiving them ahead of time. Deputy Mayor Mugerauer asked if the issue was a structural problem instead of a permit problem. Mayor Palmeri asked about the parking structure for UWO for faculty and staff. Mark Lyons, Planning Services Manager, stated the current UTO version went into effect in 2017 when the ordinance was updated. He mentioned he would research and provide more information. Council Member Wojciechowski expressed that students should have the opportunity to obtain parking passes as well as citizens. He asked if a citizen received a 9-month parking PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 9 pass could they obtain a 3-month pass once the other was expired. Chief Smith explained there was a 3-month option as well. Mayor Palmeri asked why you would need to purchase a 9-month and 3-month permit. Council Member Wojciechowski stated that if the year-round pass would be available then college students would not have the option to purchase since they would already be given out. Council Member Miller asked if the annual pass would be available could there be a monopoly with the landlords. Chief Smith stated the passes were 1 pass per vehicle and 2 passes per person. Council Member Ford stated he did not see the need to refer the topic. Mayor Palmeri asked how many parking spaces were in the University of Wisconsin- Oshkosh parking garage. Council Member Hansen asked if there was an option to purchase both a 9-month and a 3- month permit. Chief Smith explained that was not an option. Mayor Palmeri stated the additional housing built downtown has added to the parking issues. Chief Smith mentioned a possibility of adding a disabled permit option with requirements. Mayor Palmeri asked Council if they would consider asking the Traffic and Parking Advisory Board to review. Council Member Wojciechowski stated he would be ok with the committee reviewing however City would need more parking as the City continues to expand. Council Member Ford does not believe it should be sent to the committee. Mr. Rohloff stated that staff would review and discuss the proposed questions and report back to Council. PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 10 COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Miller welcomed EAA participants and guests. Mayor Palmeri Bicycle and Pedestrian Advisory Committee/Traffic  Twiddle Recommendation coming to Council CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated the outstanding issues were provided within the Council packet. Mr. Rohloff explained the following: Cooperative Purchase of Ford F150 4WD Pickup for Transportation Department ($35,983) Cooperative Purchase of Ford F150 4WD Pickup for Sanitation Division ($34,393) Cooperative Purchase of Compact Tractor for GO Transit ($26,685.21) Professional Services Agreement with Robert E. Lee & Associates, Inc. for Environment Review Services for 2023 Capital Improvement Projects ($33,800.00) Professional Services Agreement with Professional Service Industries, Inc. for Subsurface Exploration and Geotechnical Engineering Evaluation for the 2023 Capital Improvement Program ($54,224.50) Ms. Nieforth reported on No Mow May. She explained that program was successful. She stated that staff did provide more information. She stated there was an increase of follow- up inspections. She explained that 9 of the no mow May participants that received violations. She mentioned that a large number of citizens that required staff to follow-up. Council Member Miller suggested to review the number of complaints. Council Member Wojciechowski asked if it was the responsibility of the renter/owner to be added to the form. Ms. Nieforth explained that the information was not included on the form however that could be included in the future. Deputy Mayor Mugerauer asked if an invoice was sent to those citizens for services provided. He suggested to share information with Sustainability Advisory Board. Ms. Nieforth stated that citizens had 5 business days after the deadline to comply prior to PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 11 receiving an invoice. Deputy Mayor Mugerauer asked if the Sustainability Advisory Board (SAB) would be reviewing the information and make a recommendation to Council. Mayor Palmeri asked what the other category consisted of. Ms. Nieforth explained those were commercial or institutional properties. Mayor Palmeri asked if the SAB considered adding this a permanent event. Ms. Nieforth stated that was considered in 2021. Ms. Nieforth recognized the newly added Green Acres Neighborhood Association. Mayor Palmeri mentioned National Neighborhood Night Out on August 2, 2022. Tom Fotjik, Executive Director, Oshkosh Healthy Neighborhoods (GO-HNI), stated the National Neighborhood Night Out on August 2, 2022 would be a great collaboration with the Police Department, Fire Department and Neighborhood Associations. He mentioned that Miller’s Bay was celebrating their 10th Anniversary on August 2, 2022. Council Member Ford commended staff for their work with the neighborhood association. Mr. Rohloff explained the 2nd Quarter Strategic Plan update was online for review. Mr. Rohloff stated the outstanding issues were provided within the Council packet. MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS, AND TERMS RELATED TO THE NEGOTIATION OF AGREEMENTS FOR TID #25 CITY CENTER HOTEL WITH OSHKOSH INVESTORS LLC AND OI MANAGEMENT CORPORATION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION AND MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85( 1)( E) OF THE WISCONSIN STATE STATUTES WHERE PROCEEDINGS OF THE COMMON COUNCIL –JULY 26, 2022 12 COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION AND SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS LIKELY TO BECOME INVOLVED RELATED TO THE ALGOMA SANITARY DISTRICT; AND TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS & TERMS RELATED TO THE NEGOTIATION OF A MASTER SANITARY SEWER AGREEMENT WITH THE ALGOMA, SUNSET POINT, ISLAND VIEW, EDGEWOOD SHANGRI-LA, WINNEBAGO AREA AND BLACKWOLF SANITARY DISTRICTS PURSUANT TO SECTION 19.85(1)( E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION AND MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION WITH REGARD TO THE PROPOSED FEE TO REPLACE SPECIAL ASSESSMENTS (Mugerauer; second, Wojciechowski) CARRIED: Ayes (7) Miller, Wojciechowski, Erickson, Ford, Mugerauer, Hansen and Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Ford) CARRIED: VOICE VOTE The meeting adjourned at 7:22 p.m. JESSI L. BALCOM CITY CLERK