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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARYS, 2019 REGULAR MEETING held Tuesday, January 8, 2019, at 6:00 p.m. in in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Lori Palmeri, Matt Mugerauer, Jake Krause and Mayor Steve Cummings EXCUSED: Council Member Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager;Pamela Ubrig, City Clerk;Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Allison Borgmann & Gracie-Jean Zahner from Carl Traeger Middle School; and, Kylie Ziegler & Will Amel from Carl Traeger Elementary School. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Oshkosh Public Museum Minutes from October 11, 2018 Receipt & Filing of the Oshkosh Public Library Minutes from November 29, 2018 Resolution 19-01 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New and Relay) Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 19-04/Hazel Street (Washington Avenue to East Irving Avenue) PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Council Member Palmeri questioned if there would be sidewalks installed on the east side of Hazel Street. Mr. Rabe explained City staff was working with the parks department to identify funding to install either a recreation trail or sidewalks on the east side of Hazel Street. He stated there was not currently sidewalks included in the project as it was scheduled with the Capital Improvement Program. Council Member Palmeri questioned if the sidewalk or trail would extend from Washington Avenue to Irving Avenue. Mr. Rabe stated no; it would begin at Merritt Avenue and run along the park to Irving Avenue. Mr. Rohloff explained the goal was to have funding identified by the time Council awarded the bid for the project. Resolution 19-02 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 and Relay) Relating to Contract No. 19-05 / Oregon Street (West 161h Avenue to West 21s' Avenue) Resolution 19-03 Award Sid to Matherson Tri-Gas Inc. for 2019 Liquid Oxygen for the Water Filtration Plant ($80,543.05) Resolution 19-04 Award Sid to Ferguson Waterworks & Sabel Mechanical for Three (3) Kennedy Model 7561A 30" Gate Valves & Installation for Wastewater Division ($145,729.00) Resolution 19-05 Approve Purchase from Jefferson Fire & Safety Inc. for Three Life Line Ambulances for Fire Department ($870,927.00) Resolution 19-06 Approve Spot Slight Designation; Authorize Redevelopment Authority to Accept Donation of Property at 1024 Windsor Street (RDA Recommends Approval) Resolution 19-07 Authorize Application for Economic Development Administration (EDA) Grant & Execution of the Necessary Agreements 2 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Resolution 19-08 Approve Special Event—Otter Street Fishing Club to utilize Menominee Park & Millers Say boat launch parking lot for the Otter Street Winter Fisheree /February 1 & 2, 2019 Resolution 19-09 Approve Special Event—Oshkosh Zoological Society to utilize Riverside Park for the Heart of Winter event/February 10, 2019 Resolution 19-10 Approve Special Event— Special Olympics Wisconsin to utilize Menominee Park & City streets for the Polar Plunge & Freezin' for a Reason 5K/February 15 & 16, 2019 Resolution 19-11 Approve Special Event—Battle on Sago Foundation to utilize Menominee Park Millers Say boat launch parking lot for the Battle on Sago ice fishing event/February 21, 22 & 23, 2019 Council Member Mugerauer explained the correct event dates were February 21s' through the 23rd, 2019. He stated Ms. Ubrig would correct the clerical error. Resolution 19-12 Approve Special Event—Otter Street Fishing Club & Battle on Sago to utilize Menominee Park boat launch parking & gazebo area for the Otter Street Walleye Tournament/June 14, 15 & 16, 2019 Resolution 19-13 Approve Special Event—Oshkosh Salvation Army to utilize City streets for the Pedal Out Hunger Ride /June 15, 2019 Resolution 19-14 Approve Special Event—Anglers Insight Marketing (AIM) to utilize Menominee Park Millers Bay boat launch parking lot for the AIM Weekend Walleye Series fishing tournament/June 23, 2019 Resolution 19-15 Approve Special Event—Otter Street Fishing Club to utilize Menominee Park Ames Point for the Otter Street Kids Fisheree / August 9 & 10, 2019 Resolution 19-16 Approve Special Event—Hmong Service Center Inc. to hold the Hmong National Labor Day Festival at the Winnebago County Community Park/August 31 — September 1, 2019 Resolution 19-17 Approve Council Appointments to Housing Authority & Transit Advisory Board 3 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Resolution 19-18 Approve Appointment to the Library Board Resolution 19-19 Disallowance of Claim by Rose Leitl Resolution 19-20 Approve Agent Change for Combination "Class A" License, Special Class "B" Licenses, Operator Licenses, Taxi-Cab Driver License, Taxi-Cab License & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Herman, second, Palmeri) CARRIED: Ayes (6) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-21 Modify Parking Regulations on South Park Avenue, Court Street & North Main Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-22 Approve Parking Regulation Updates on Otter & Washington Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-23 Approve Official Mapping for Widening of North Koeller Street Right of Way North of Oshkosh Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-24 Approve Zone change from Single Family 9 District (SR-9) & Institutional District (I) to Institutional District with Planned Development Overly (I-PD) at 575 Monroe Street, 581 Monroe Street & 532 Broad Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Mayor Cummings explained the property was located adjacent to the Boys and Girls Club. Ordinance 19-25 Amend Division 6 Residential Rental Contact Registration & Inspection Program of Chapter 16 Housing Code (Rental Housing Advisory Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 4 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Ordinance 19-26 Amend Section 30-74 Table of Land Uses & 30-78 Commercial Land Uses of Chapter 30 Zoning Ordinance to Establish Short Term Rentals (Plan Commission Recommends Approval) William Welk, 830 Nicolet Avenue, explained he was a homeowner and did not rent his house out for EAA or any other special events. He stated he operated a lodging reservation service for EAA. He explained the proposed ordinance,which would follow the guidelines of the State, may be an inconvenience to the exhibitors who attended EAA as they often rented longer than 10 nights. He stated the exhibitors may end up paying a higher rental price if the homeowner were charged fees. He explained visitors may end up staying outside of the City. He stated the homeowners he had discussed the topic with did not want inspections; he explained most of the homes were not a safety concern as they were in affluent neighborhoods. He explained attendees and vendors at the airshow brought significant money into the City. He recommended changing the 10 night requirement to 16. FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-27 Create Section 8-1.2 Short Term Rentals of the Municipal Code FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-28 Amend Room Tax Ordinance FIRST READING; LAID OVER UNDER THE RULES Council Member Herman asked for an explanation of short term rentals and the room tax ordinance. He questioned if it was possible for the maximum number of nights to be amended from 10 to 16. Mr. Rohloff stated he believed there was flexibility in regards to the number of nights. Allen Davis, Director of Community Development, explained he believed per State statute the requirement was 10 nights. Darryn Burich, Planning Services Manager, stated the 10 day requirement was related to a tourist rooming home license and City staff had selected that number for the ordinance to remain consistent with the State. 5 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Council Member Herman explained the City had been working with the Convention and Visitors Bureau (CVS) and questioned how the homeowners in the City would be notified of the change. He stated he believed there were a significant number of homes that were rented throughout the year. Mr. Rohloff explained City staff had been working with the CVS, who had a list of contact information for homeowners who rented their homes. He stated the City planned to enter into an agreement with Airbnb and would promote the changes and help homeowners understand their responsibilities. Council Member Herman questioned if City staff had been in contact with EAA. Mr. Rohloff explained he understood EAA had a housing bureau and City staff would work with them. Council Member Herman stated he believed City staff needed to reach out to EAA as they coordinated many of the opportunities for visitors. Council Member Palmeri explained she had received an email from the EAA lodging organization indicating they were no longer going to be coordinating rentals. Mr. Rohloff stated the CVS had been coordinating that, and websites such as Airbnb had taken over the market. He explained the CVS had made minimal money for the amount of work that went into it. He stated the CVS still had access to the database which could be utilized to effectively reach out to renters. Council Member Palmeri questioned how much revenue had been lost in the past by not charging room tax to those who rented their homes short term. Trena Larson, Finance Director, stated she did not have an estimate, however, the other municipalities she had been in contact with who had contracts with Airbnb had seen a significant increase in their room tax revenue. Ordinance 19-29 Authorize the Director of Finance to Issue Citations FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-30 Amend Chapter 30 Zoning Ordinance to Create Flood Storage District within Section 30-156 of the Floodplain Overlay District (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 6 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Resolution 19-31 Approve City Manager 2018 Performance Evaluation & 2019 Compensation MOTION: ADOPT (Palmeri, second, Allison-Aasby) CARRIED: Ayes (6) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Mayor Cummings Resolution 19-32 Support to Provide Subsidized Transit Service for Students in the Oshkosh Area School District (Submitted by Council Member Pech) MOTION: LAYOVER UNTIL COUNCIL MEETS WITH SCHOOL BOARD (Krause, second, Palmeri) CARRIED: Ayes (6) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Mayor Cummings Council Member Herman stated he was in support of the layover as Council Member Pech was not present and he believed it was important to have the discussion with the school board. Council Member Allison-Aasby agreed. Resolution 19-33 Approve Change Order No. 2 for Public Works Contract No. 17-03 Mary Jewell Lift Station & Park Shelter (+$13,758.10) MOTION: ADOPT (Herman, second, Palmeri) CARRIED: Ayes (6) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Mayor Cummings CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a City Hall and Parks Facility Workshop scheduled for January 161h at 5:30 p.m. Mr. Rohloff explained the goal was for a two hour work session. Mayor Cummings stated the police staffing study workshop was scheduled for January 22nd, with a time to be determined. 7 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 Mr. Rohloff explained Dean Smith, Chief of Police, indicated he would be able to have his presentation complete in approximately 45 minutes, therefore 5:00 p.m. should be a sufficient start time. Council Member Pech arrived at 6:25 p.m. Council Member Pech requested resolution 19-32 be reconsidered as he had just arrived. Council Member Krause stated the resolution would be voted down if it was not laid over. Mayor Cummings questioned if he was certain. Council Member Krause stated yes; he questioned if there had been any discussion with the school board. MOTION: RECONSIDER RESOLUTION 19-32 (Cummings; second, Allison- Aasby) LOST: Ayes (3) Pech, Allison-Aasby, Mayor Cummings Noes (4) Herman, Palmeri, Mugerauer, Krause Mayor Cummings explained there would be a future meeting scheduled with the Oshkosh Area School Board; a time and date had yet to be determined. Mr. Rohloff reviewed various options with Council. He stated topics for discussion included a youth council and bus transportation for school children. He questioned if there were other items Council would like to discuss. Council Member Palmeri stated community members had requested child poverty to be discussed. She questioned if the meeting would be hosted at City Hall. Council Member Krause questioned if it would be possible to have a workshop to discuss topics after the next Council meeting. Mr. Rohloff stated that would be up to Council. Mayor Cummings recommended limiting the topics to no more than four due to time constraints. Mr. Rohloff stated he would provide information regarding the date and time of the meeting after discussion with the school superintendent. 8 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Pech questioned if citizens would be permitted to speak on the laid over resolution. Ms. Lorenson stated no, as that would violate Council rules. Council Member Krause questioned if Council would be able to vote to allow citizens to speak. Ms. Lorenson stated yes. MOTION: ALLOW CITIZENS TO SPEAK ON LAYOVER OF RESOLUTION 19-32 (Krause; second, Palmeri) CARRIED: Ayes (7) Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Thomas Pech, Jr., 1275 W. Smith Avenue, explained the proposal he had brought forward was to address a communitywide concern. He stated there were several Council Members who had indicated the City could not fund a program to address transportation needs for children. He explained members of the school board wished to establish a program that would provide free bus transportation to all members of the school district. He stated what he had proposed was a public/private partnership, similar to what had been done with the Greater Oshkosh Economic Development Corporation (GO-EDC) and the Greater Oshkosh Healthy Neighborhoods Initiative (GO-HNI). He explained the City would participate in a program to provide subsidized transportation to the Oshkosh Area School District to address a need that had been brought forward. He stated he had hoped that the City would be the first partner to participate. He explained the topic had been discussed with the school district, however, it had not moved forward. He stated he had taken it upon himself to take the lead and suggest a program where the City would commit up to $12,500 dollars in a matching grant. He explained the cost of the program had been estimated at$50,000; if it was a communitywide concern it should be paid for by the City, the school district and the community. He stated the City had entered into similar agreements in the past where grant money would only be paid out if private funds were raised. He explained the proposal could have been discussed by Council if they had allowed the resolution to be reconsidered. He stated the decision to layover the resolution had been shortsighted, and he had been present in Council Chambers moments after it was laid over. Council Member Palmeri explained an update on the rental housing advisory board strategic plan had been included in the agenda. She stated changes had occurred due to 9 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 State legislation, and would likely occur dependent on the outcome of the short term rental ordinance. She explained the goals of education, training programs and outreach. Mayor Cummings questioned if Council Member Palmeri felt the board was making progress. Council Member Palmeri stated absolutely. She stated the board had worked extensively on items related to rental registration and inspections. Council Member Herman explained a free mascot and movie event was scheduled for January 251h and February 23rd at 5:30 p.m. at the Oshkosh Seniors Center. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained building construction was progressing at the Oshkosh Corporate headquarters site. He stated utilities construction would begin when weather conditions improved. He explained the fourth quarter financial statements were included in the Council packets as well as the fourth quarter strategic plan update. He noted 98 percent of tasks were either on task, because they were ongoing projects, or were completed. Council Member Mugerauer stated the objective related to increased local engagement with state legislators to increase local control was marked as 'yellow' with disruptions. He explained he believed the last time Council had met with legislators was approximately two years ago. Mr. Rohloff stated City staff could arrange a meeting with state legislators if Council would like. Council Member Mugerauer requested a meeting during the first quarter of the year. Council Member Allison-Aasby stated it would be appropriate for the City to reach out to the local legislators. Mr. Rohloff indicated he would schedule a tour of one of the City facilities to coincide with the meeting. He stated he was pleased with the Envisio software and the work Kortney Jenks, Human Resources Generalist, had done with the strategic plan. 10 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 8, 2019 MOTION: CONVENE INTO CLOSED SESSION (CITY MANAGER'S OFFICE, CITY HALL) 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 & EXERCISES RESPONSIBILITY (Palmeri; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Palmeri, Mugerauer, Pech, Krause, Mayor Cummings MOTION: ADJOURN (Allison-Aasby; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 6:48 p.m. PAMELA R. UBRIG CITY CLERK 11