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HomeMy WebLinkAbout11.28.23 CC MinutesCITY COUNCIL MINUTES 11.28.23 CLOSED SESSION: (5:00 PM; Room 402, City Hall) Closed Session to confer with legal counsel who will give legal advice concerning strategy to be adopted by the body with respect to litigation in which it may become involved with respect to the PFAS Class Action Settlements with 3M and DuPont Corporations with Public Water Systems in the In re: Aqueous Film-Forming Foams Products Liability Litigation (MDL Case No. 2:18-mn-02873). CALL TO ORDER - 6:00 PM ROLL CALL Present:Mayor Matt Mugerauer; Lynnsey Erickson; Joe Stephenson; Karl Buelow; Mike Ford; LaKeisha Haase Absent:Paul Esslinger Staff Present: Mark Rohloff, City Manager; Lynn Lorenson, City Attorney; Diane Bartlett, City Clerk Attendees:James Rabe, Director of Public Works INVOCATION - VOTING FIRST: Council Member Ford PLEDGE OF A LLEGIANCE: Perry Tipler Middle and ALPs Charter Schools PUBLIC HEARING MAYOR MUGERAUER ORDERED THE FOLLOWING PUBLIC HEARINGS: Res 2 3-58 3 Approve Final Resolution for Special Assessments for Contract 23-16 Concrete Pavement, Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Main and Laterals (New and Relay): Clairville Road (State Road 91 to West 20th Avenue) PUBLIC COMMENT: Steve Faust- 288 8 Clairville Road, Oshkosh Mr. Faust stated that the Special Assessments presented to the property owners include water and sanitary sewer, which are two things they already have and don't need. The property owners already have state-approved water and sanitation. The special assessments are in the range of $40,000, and one of the property owners over the amount of $100,000. This is life-changing to all residents residing along Clairville Road. Steve Klinger-27 10 Clairv ille Road, Oshkosh Mr. Klinger purchased his property over 20 years ago and understood that eventually it would be annexed into the city and some assessments would come with that. However, he never thought that the assessment would cost half of what they paid for the house. Because the length of the lot covers a large amount along the road, residents are charged double what a typical city property would be charged. Because of this assessment, he may not be able to send his children to college, get a new vehicle or go on vacation. Mr. Klinger stated that this assessment does not seem fair or right. Carol Faust-285 0 Clairville Road, Oshkosh Ms. Faust is going to be assessed $170,000. She is wondering how she is going to pay for this. She will have to make monthly payments of $500. She asked council to rethink this assessment. Ms. Faust will have to pay $500 every month for fifteen years. It is like throwing money in the garbage. How would council feel if they were faced with this assessment? money in the garbage. How would council feel if they were faced with this assessment? Again, Ms. Faust would like council to review this assessment charge. She cannot afford this, and it needs to be reduced. Jeff Faust-2 850 Clairville Road, Oshkosh Mr. Faust echoed all the other speakers before him. He did not want to, nor was he asked if he wanted to be annexed into the city. None of the property owners asked for sanitary sewer, main lateral, or water main services. Mr. Faust goes on to say all the property owners have private sanitary and wells that work just fine. He would like Council to think about how he would pay a $170,000 bill for something he didn't want or need. This assessment will not allow him to retire. Council Member Ford asked Public Works Director James Rabe to explain this work. Public Works Director James Rabe explains this is the calculation for the installation of new sewer and water mains on city parcels that do not have these services. The information was prepared and sent to these property owners following city policy. Mayor Mugerauer, Council members and Staff went on to discuss the Special Assessment policy, the difference between new construction fees, and reconstruction fees, and the procedure to calculate the special assessment charges: https://www.oshkoshwi.gov/PublicWorks/Documents/SpecialAssessmentPolicy.pdf Motion Mike Ford Second Karl Buelow AYE:Mayor Matt Mugerauer, Joe Stephenson, Karl Buelow, Mike Ford No:Lynnsey Erickson, LaKeisha Haase 4 - 2 P assed Res 2 3-58 4 Approve Final Resolution for Special Assessments for Contract 23-25 Concrete Pavement, Asphalt Pavement, Sidewalk (New And Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) South Koeller Street (West 20th Avenue to STH 44) Motion Karl Buelow Second Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed Res 2 3-58 5 Approve Final Resolution for Special Assessments for Contract 23-26 for Asphalt Overlay Ryf Road, from 1,100' West of Lake Butte Des Morts Drive to 3,600' West of Lake Butte Des Morts Drive Motion Karl Buelow Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed CITIZ EN STATEMENTS TO COUNCIL CONSEN T AGENDA ITEMS (Consent Agenda items are those items of a routine administrative nature that are voted on by the Council in a single roll call vote. Staff recommends approval of all items. Any member of the public or Common Council may request that an item be removed from the Consent Agenda for discussion.) Receipt & Filing of Minutes - Common Council 11.07.23 (Budget) and 11.14.23 (Regular) Receipt & Filing of Minutes - Museum, Arts, and Culture Board Meeting 10.11.23 Receipt & Filing of Minutes - Landmarks Commission Meeting 10.11.23 Report of Bills by the Finance Director Res 2 3-58 6 Approve 2024 Business Improvement District Operating Plan and Budget Res 2 3-58 7 Award Bid to Various Vendors for Chemicals for the Water Filtration/Wastewater Treatment Plants for 2024 (Various Amounts) Res 2 3-58 8 Approve Purchase of Lighting Poles and Fixtures to Enterprise Lighting LTD and Signify North America Corporation and Lighting Control Cabinet to Traffic and Parking Control Co. (TapCo) for the Waugoo Avenue Reconstruction Project 24-02 ($73,061.60) Res 2 3-58 9 Approve Professional Services Agreement with AECOM for Environmental Support for 2024 Capital Improvement Projects (CIP) ($120,000) Res 2 3-59 0 Award Bid for Public Works Contract No. 23-23 to August Winter & Sons, Inc. for Wastewater Treatment Plant (WWTP) Lifting Systems Improvements ($164,300) Res 2 3-59 1 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 24-02 Waugoo Avenue (North Main Street to 50' East of Mill Street) Mill Street (50' North of Waugoo Avenue to 50' South of Waugoo Avenue) State Street (75' North of Waugoo Avenue to 75' South of Waugoo Avenue) Broad Street (75' North of Waugoo Avenue to 125' South of Waugoo Avenue) Bay Street (50' North of Waugoo Avenue to 50' South of Waugoo Avenue) Res 2 3-59 2 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 24-15 West 5th Avenue (75' West of Michigan Street to Iowa Street) West 7th Avenue (100' West of Michigan Street to 100' East of Iowa Street) West 6th Avenue (75' West of Michigan Street to 75' East of Michigan Street and 50' West of Iowa Street to 100' East of Iowa Street) Michigan Street (75' South of West 7th Avenue to West 5th Avenue) Iowa Street (50' south of West 7th Avenue to West 5th Avenue) Res 2 3-59 3 Approve Initial Resolution for Special Assessments for Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 24-14 Nicolet Avenue (Bowen Street to Shorewood Drive) Nicolet Avenue (Bowen Street to Shorewood Drive) Res 2 3-59 4 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New and Rehabilitation), Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), Water Main and Laterals (New and Relay), and Storm Sewer Mains and Laterals (New and Relay) Relating to Contract No. 24-07 Cherry Street (West Irving Avenue to West New York Avenue) Scott Avenue (75' West of Cherry Street to 75' East of Cherry Street) Woodland Avenue (100' West of Cherry Street to Cherry Street) Prospect Avenue (Elmwood Avenue to 75' East of Cherry Street) Vine Avenue (75' West of Cherry Street to Cherry Street) Res 2 3-59 5 Approve Initial Resolution for Special Assessments for Asphalt Pavement, Driveway Aprons, Sanitary Sewer Main and Laterals (New and Relay), and Water Main and Laterals (New and Relay) Relating to Contract No. 24-13 Linden Oaks Drive/Meadowbrook Road (350' south of West 9th Avenue to Heidi Haven Drive) West 9th Avenue (Clairville Road to 780' east of Clairville Road) Res 2 3-59 6 Renewal of Winnebago County and City of Oshkosh Inter-Agency Agreement for Haz-Mat Response Services Res 2 3-59 7 Amend 2023 CIP and Award Bid to Freedom Excavating LLC for Oshkosh Fire Department Station 15 Trench Drain Replacement for General Services ($84,240.00) Res 2 3-59 8 Rescind Bid to Northern Electric, Rescind Cooperative Purchases to JFTCO, and Approve Cooperative Purchase of Three Generators from Wolter, Inc. for Fire Stations 17, 18, and 19 ($160,995.00). Res 2 3-59 9 Award Bid to Monroe Truck Equipment for Stainless Steel Dump Body, Hoist, and Hydraulics for the Cemetery Division ($18,093.00) Res 2 3-60 0 Approve Special Event - Special Olympics Wisconsin to Utilize Menominee Park & Millers Bay for the Polar Plunge, February 10, 2024 Res 2 3-60 1 Approve Special Event - Digital Documents, LLC, d/b/a L & K Productions, to Utilize Opera House Square for Square Fare, June 15, July 20, August 17, and September 21, 2024 Res 2 3-60 3 Approve Special Event - Hmong Service Center, Inc. to Hold the Hmong National Labor Day Festival at Sunnyview Exposition Center and the Winnebago County Community Park, August 31 & September 1, 2024 Res 2 3-60 4 Approve Special Event - Oshkosh Area United Way Inc. to Utilize City Streets for the Race for the Light Walk-Run / December 2, 2023 Res 2 3-60 5 Approve Special Event - Hmong Service Center, Inc to Hold the Hmong National Memorial Day Festival at the Winnebago County Community Park, May 25 & 26, 2024 Res 2 3-60 6 Approve Special Class "B" License - Badger Freedom Fund Inc Res 2 3-60 7 Approve Combination "Class B" Beer/Liquor License - La Baja Chicken & Taco Shop Res 2 3-60 8 Approve Combination "Class A" Beer/Liquor License Surrender and Issuance of Combination "Class A" Beer/Liquor License - True North Energy Res 2 3-60 9 Approve Class "B" Beer & "Class C" Wine License Surrender and Issuance of Combination Res 2 3-60 9 Approve Class "B" Beer & "Class C" Wine License Surrender and Issuance of Combination "Class B" Beer/Liquor License - Sushi Lover Res 2 3-61 0 Approve Secondhand Article Dealer, Secondhand Jewelry Dealer, and Pawnbroker Licenses APPROVE CONSENT AGENDA ABOVE AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed ITEMS REMOVED FROM CONSENT AGEN DA Res 2 3-60 2 Approve Special Event - Solutions Recovery Inc. to Utilize Menominee Park & City Streets for the Recovery Fest Event, September 7, 2024 PRESENT / FORD Motion Karl Buelow Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, LaKeisha Haase 5 - 0 P assed NEW ORDINANCES (NOTE: It is anticipated that there will be no formal action taken at this meeting on items marked with an asterisk (*) unless Council formally waives the rules.) Ord 23-611 Amend Parking Restrictions on Short Avenue (Transportation Committee Recommends Approval) (Transportation Committee Recommends Council Waive the Rules and Adopt on First Reading) MOTION TO WA IVE 2ND READING Motion Karl Buelow Second Lynnsey Erickson AYE: Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 Passed Motion Karl Buelow Second Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed *Ord 23-612 Approve Zone Change from Suburban Mixed Use District (SMU) to Institutional District (I) for the Property Located at 505 North Westfield Street (Plan Commission Recommends Approval) NO ACTION - 1ST READING *Ord 23-613 Approve Zone Change from Urban Mixed Use District with a Riverfront Overlay (UMU-RFO) to Urban Mixed Use District With Riverfront and Planned Development Overlays (UMU-RFO- PD) the Property Located at 627 Bay Shore Drive (Plan Commission Recommends Approval) NO ACTION - 1ST READING NO ACTION - 1ST READING *Ord 23-614 Amend Section 30-271(G)(5) of the City Municipal Code Pertaining to Commercial Message in Signage and Chapter 8 Article IV Pertaining to Murals (Plan Commission Recommends Approval) NO ACTION - 1ST READING *Ord 23-615 Cancel December 26, 2023 Council Meeting NO ACTION - 1ST READING NEW RESOLUTIONS Res 2 3-61 6 Oppose Legislation to Subject Municipal Storm Water Utilities to Regulation by the Public Service Commission of Wisconsin Motion Karl Buelow Second Mike Ford AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed Res 2 3-61 7 Approve Specific Implementation Plan Amendment for a Building Addition at 3792 Jackson Street (Plan Commission Recommends Approval) PUBLIC COMMENT: Richard Fisher Motion Mike Ford Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed Res 2 3-61 8 Approve Specific Implementation Plan for a Mixed Multi-Family Residential & Commercial Development at 0 West 20th Avenue (Parcel 1329343000) (Plan Commission Recommends Approval) PUBLIC COMMENT: Nancy Bongert Raymond Carver Motion Karl Buelow Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase6 - 0 P assed Res 2 3-61 9 Approve Resolution for the City of Oshkosh to officially join the Wisconsin Local Government Climate Coalition (Sustainability Advisory Board Recommends Approval) Motion Karl Buelow Second Lynnsey Erickson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE A GENDA ITEMS A. Review of Resolution 21-498, Creating Parameters for Usage of American Rescue Plan Act (ARPA) Funds (Esslinger) A. Closed Session, December 12, 2023 - City Manager's Review COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS CITY MANAGER ANNOUNCEMENTS & STATEMENTS Professional Services Agreement with Donohue & Associates, Inc. (Donohue) for Structural Engineering Design and Construction-Related Services for 2024 Capital Improvement Projects (CIP) ($60,000) Professional Services Agreement with Brown and Caldwell for 2024 Site Plan Review Services ($25,000) Professional Services Agreement with Brown and Caldwell for 2024 General Storm Water Services ($50,000) Professional Services Agreement with AECOM for 2024 Storm Water Management Assistance ($30,000) Professional Services Agreement with Strand Associates, Inc. (Strand) for 2024 Storm Water Management Assistance ($50,000) Outstanding Issues MOTION TO GO INTO CLOSED SESSION (Room 402, City Hall) The Common Council may convene in closed session pursuant to Section 19.85(1)(c) of the Wisconsin State Statutes to consider employment, promotion, compensation, or performance evaluation data of any public employee over which the governmental body has jurisdiction or exercises responsibility (specifically the annual performance evaluation of the City Manager). 6:54 PM Motion Lynnsey Erickson Second Joe Stephenson AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase 6 - 0 P assed MOTION TO GO INTO CLOSED SESSION - 6:5 4 pm Motion Lynnsey Erickson Second Karl Buelow AYE:Mayor Matt Mugerauer, Lynnsey Erickson, Joe Stephenson, Karl Buelow, Mike Ford, LaKeisha Haase LaKeisha Haase 6 - 0 P assed SUBMITTED BY DIANE BARTLETT CITY CLERK