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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JuLY 9, 2019 REGULAR MEETING held Tuesday, July 9, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bill Miller, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause, Bob Poeschl and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and James Rabe, Director of Public Works Council Member Miller read the Invocation. The Pledge of Allegiance was led by Council Member Miller. PROCLAMATION Mayor Palmeri proclaimed July 2019 free community paper month in the City of Oshkosh. Karen Schneider, Oshkosh Herald, accepted the proclamation. Mayor Palmeri proclaimed September 101h, 2019 as 'national donate a lunch day' in the City of Oshkosh. Javad Ahmad, Humanity First USA, accepted the proclamation. PUBLIC HEARING Resolution 19-381 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Sanitary Sewer Main & Laterals, Water Main & Laterals, Driveway Aprons, Storm Sewer Mains & Laterals, Traffic Signals & Street Lighting Relating to Contract No. 18-14 (Rath Lane, North Koeller Street, North Westfield Street & Oshkosh Avenue) PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 MOTION: ADOPT (Herman; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri CITIZEN STATEMENTS Eric Endres, 3071 Fond du Lac Road, stated he had attended a previous Council meeting to discuss the City's policy regarding feral cats. He explained at that meeting, Council Member Krause had asked who would be liable if a feral cat attacked a resident, and the conclusion had been made that the cat would be considered a wild animal and it would be difficult to attribute liability to a person. He stated he disagreed with that statement as he had researched animal control and the website for a private animal control company indicated they would not deal with wild cats or dogs, and directed residents to the Humane Society. He explained the Humane Society required residents to catch the animals themselves. He stated with wild animals, such as raccoons, as an individual could hire a private company for removal. He explained he believed the liability may be different in a situation with a cat. Mayor Palmeri questioned if there was any City staff member who would like to respond. Mr. Rohloff explained Mr. Endres was correct in stating that residents needed to work with the Humane Society. Dean Smith, Chief of Police, agreed. He explained the City worked with the Humane Society for domesticated animals as the police department did not have animal control officers. Council Member Poeschl questioned if the policy was specific to cats or if it included stray dogs. Mr. Endres stated when he had researched the topic, the website had indicated both cats and dogs. He explained for domesticated animals he had been directed to the Humane Society. Council Member Poeschl clarified that Mr. Endres had called the Humane Society in the past. Mr. Endres stated he had, and had successfully trapped three cats earlier in the day, as the cat that had been the primary concern had kittens. He explained his concern was with the question of liability as the strays had been described in the previous meeting as 2 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 wildlife, however, private animal control companies would not capture domesticated animals. Council Member Poeschl explained he had experienced the same situation prior to being an elected official. He stated he had called the non-emergency number for the police department who contacted the Humane Society. He explained the Humane Society sent an on-call representative to his residence to pick up a stray dog. He stated he would be interested to learn if that process had changed related to the agreement with the Humane Society. He explained he would like to ensure there was consistency in the policy. Mayor Palmeri questioned if specific details would be within the contract with the Humane Society. Mr. Rohloff explained he did not have the details and Chief Smith would likely need to follow up with additional information. Mayor Palmeri stated she would like to know if the contract gave specific information as to how the animals would be transported. Council Member Poeschl questioned how the kittens were doing. Mr. Endres stated three of the kittens were at the Humane Society. Council Member Poeschl questioned if the adult cat was still around his residence. Mr. Endres stated yes. He explained he had pleaded with the Humane Society for assistance in capturing the cats, and they had informed him he would be required to do so himself. Susan Werblow, 422 Congress Avenue, congratulated Council and the City on establishing the neighborhoods associations. She stated she was present to represent the Congress Avenue neighborhood Association and wished to speak about resolution 19-401. Mayor Palmeri asked Ms. Werblow to speak during that portion of the agenda. Ms. Werblow indicated she was not able to stay that long and asked Council to pass the resolution. 3 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 Lyle Byre, 1235 Spruce Street, explained he was present to advocate for resolution 19-401. He stated he would be willing to speak during that portion of the agenda. Mayor Palmeri stated yes, and asked anyone else registered to speak on that item to please wait until that portion of the agenda. Deb Martin, 164 Wyldewood Drive, explained she was part of a group looking at public transportation in Wisconsin. She stated she had visited the bus depot and talked to five riders. She questioned if the City had conducted a survey amongst bus riders. Council Member Herman stated yes. Ms. Martin questioned if it was a recent survey. Mayor Palmeri stated yes. Ms. Martin explained the five riders she spoke with indicated that they appreciated the City bus drivers and the new buses. She stated two of the women she spoke with rode the bus daily, and often experienced at least three transfers to get to their destination. She explained she spoke with a couple who was waiting for a bus, as the bus they wanted to get on had been full. She stated the woman indicated she made bags for other bus riders. She explained the riders felt as though they were a community. She stated there was still a financial burden for some of the bus riders, as $2.00 per ride could add up quickly. She explained there was a good system in place, however, it could be improved to help citizens that were struggling. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of the Library Board Minutes from May 30, 2019 Receipt & Filing of Common Council Minutes from June 11, 2019 Receipt of Claims filed with the City's Insurance Company: A) J & S Partnership for alleged damages to their dump truck from a city vehicle B) Winnebago Community Credit Union for alleged damages to a shed from a police vehicle 4 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Resolution 19-382 Approve City of Oshkosh Public Art & Beautification Strategic Plan (PAS Recommends Approval) Resolution 19-383 Approve Setting Public Hearing Date to Vacate Rath Lane East of North Koeller Street (Plan Commission Recommends Approval) Resolution 19-384 Award Bid for Public Works Contract No 19-02 to Advance Construction, Inc. for Jeld-Wen/Stringham Watershed Outfall Reconstruction ($2,901,799.00) Resolution 19-385 Approve Change Order No. 1 for Public Works Contract No. 18-04 Paving, Sidewalk, Driveway, & Utilities /First Local Street Concrete Paving Program/Dorner, Inc. (-$49,919.79) Resolution 19-386 Approve CIP Amendment & Award Bid for Public Works Contract No. 19-14 to Vinton Construction Company, Inc. for Ceape Avenue Parking Lot Re-Construction & Fencing for the Police Department Parking Lot ($1,033,593.40) Resolution 19-387 Approve Developer's Agreement Oshkosh Avenue, North Koeller Street & North Westfield Street Resolution 19-388 Accept&Approve Waiver of Special Assessment Notices &Hearing in Connection with Improvements — Oshkosh Avenue, N. Koeller Street & North Westfield Street, per Developer's Agreement Resolution 19-389 Approve Final Resolution for Special Assessments For Concrete Paving, Sidewalk, Traffic Signals, Storm Sewer Main & Laterals, Sanitary Sewer Main & Laterals, Water Main & Laterals & Storm Water Management; Oshkosh Avenue, North Koeller Street, & North Westfield Street per Developer's Agreement Resolution 19-390 Disallowance of Claim by Walter Yocius II Resolution 19-391 Disallowance of Claim by Jason Davis Resolution 19-392 Approve Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Miller) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri 5 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-393 Approve Deletion of a Portion of Officially Mapped Riverwalk South Shore of Fox River from Iowa Street to 336' East of Oregon Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Ordinance 19-394 Approve Gilman Annexation from the Town of Oshkosh, 575 W Snell Road (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Ordinance 19-395 Designate Bike Lanes & Allow Parking on Oakwood Road Between 91h Avenue & 201h Avenue MOTION: ADOPT (Poeschl; second, Mugerauer) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Deb Martin, 164 Wyldewood Drive, explained she drove this route multiple times a day and questioned if the intersection at Oakwood Road and 201h Avenue would remain four lanes. Jim Collins,Director of Transportation, stated the intention would be to end the bike lanes short of that intersection to allow for the turn lanes. Ms. Martin explained during inclement weather, traffic backed up on 201h Avenue to turn onto Oakwood to get to Carl Traeger. She stated it would make it difficult if the number of lanes at the intersection was reduced. Council Member Miller questioned if parking would be allowed. Mr. Collins stated yes; there would be parking, a bike lane and a travel lane in each direction. He explained the bike lanes would end before 201h Avenue, and there would 6 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 be accommodations for the turns in and out of Newport Avenue. Mayor Palmeri questioned if there were any visual aids for the project. Mr. Rohloff stated no. Council Member Mugerauer explained in the past, he had been critical of some of the City's bike lanes. He stated he was in favor of this change and liked the design. He explained sometimes when bike lanes were added, it was detrimental to a neighborhood as it took away parking from in front of a resident's property. He stated this project would add parking, therefore he would support it. Council Member Poeschl stated he was the Council appointed member of the traffic and parking review board, and a number of residents had attended the board meeting to discuss various proposals. He explained this was the proposal that offered the best compromise. He stated he believed it was the best option, and was in line with the City's bike and pedestrian plan. Ordinance 19-396 Establish Street Grades / North Koeller Street & North Westfield Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-397 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) 215 Church Avenue FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri questioned if this change was related to the fence for the police department. Mr. Rohloff stated yes. Mayor Palmeri questioned if there were any visual aids City staff would like to present. Mr. Rohloff explained the site location was the only visual aid available, as this ordinance was related to the zoning part of the project. Mayor Palmeri asked for an explanation of the zone change. 7 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mark Lyons, Principal Planner, stated the change was related to the police fencing proposal. He explained due to the anticipated height of the fence, it was required to rezone the property. Ordinance 19-398 Approve Amendments to Chapter 11 Electrical Code of the City of Oshkosh Municipal Code FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-399 Create Chapter 21 of the Oshkosh Municipal Code Pertaining to Public Construction & Services / Methods of Payment / Special Charges / Special Assessments / Transportation Utility Fee & Amending 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 FIRST READING; LAID OVER UNDER THE RULES Don Hones, 585 Hazel Street, explained his property was part of the Hazel Street reconstruction. He stated he appreciated how respectful the City workers and contractors had been with him as a homeowner. He explained he supported the proposal to change the fee structure for street reconstructions as sidewalks and streets were a public good. He stated he believed the proposal in which the homeowner would be responsible for a portion of the cost,and the remainder would be charged through a monthly fee, spread out through the community, was an equitable solution. Council Member Krause asked for an explanation of what kind of financial strain Mr.Hones would experience if the policy was not changed. Mr. Hones explained if the proposal was not approved,he would receive a charge of nearly $14,000 dollars. He stated that would be a financial burden, and would be for many homeowners in Oshkosh. He explained even with a yearly payment option it was still a substantial charge. He stated he believed the proposed fee was a fair system. Council Member Krause thanked him for sharing his story. Ron Hansche, 52 Eveline Street, stated he was present to represent the Stevens Park neighborhood association. He explained they had polled the members of their steering committee, resulting in a 50/50 split between those in favor of the current assessment policy 8 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 and those in favor of the proposed new method. He stated several individuals believed the monthly charge to be unfair, due to the variation in lot sizes in the neighborhood. He explained a property owner with a small lot should not be required to pay the same fee,$54 dollars annually,as a property owner with a large lot. He requested that Council reconsider how that fee was calculated. Council Member Poeschl questioned if City staff would like to offer a clarification. Mr. Rohloff explained he was not certain there needed to be a clarification, as Mr. Hansche was accurate in stating the fee was proposed to be $54 dollars annually per residential lot regardless of size. He stated the approach was intended to treat residential properties equitably. Council Member Poeschl explained he believed it was important to note that the only change with the proposal in regards to residential properties was related to the type of property. He stated for example, a duplex would be considered two developmental area units, and each unit would receive the monthly fee. Mr. Hansche explained the neighborhood association understood that duplexes would have two fees. Council Member Poeschl questioned if the reason why he believed it was not a fair solution was because one residential parcel may be smaller than another parcel and receive the same fee. Mr. Hansche stated yes. He explained he believed if Council were to charge the fee for residential properties based on assessed value, they would receive more fee revenue. Council Member Miller requested the decision be delayed, as there was misunderstanding in the community and he understood the Chamber of Commerce planned to present a different type of proposal. Mayor Palmeri explained no action would take place as it was the first reading. Mr. Rohloff stated he had not yet received a proposal from John Casper at the Chamber of Commerce. He explained at the Chamber meeting earlier in the day, a different approach had been discussed,however,nothing formal had been provided to City staff. He stated he would provide Council with anything he received. 9 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Council Member Poeschl stated he believed it was important to move forward. He explained if something new were presented, it could be addressed at the July 23rd Council meeting. He stated he believed based on how the process had been communicated to the community, it was important for Council to follow through. He explained that did not mean that he was not open minded to other possibilities should the Chamber suggest another option; the ordinance could be amended at the next Council meeting. Council Member Allison-Aasby questioned what the financial impact would be if there was a request to delay the process at the next Council meeting. Council Member Herman explained he had posed the same question to Trena Larson, Finance Director, who indicated the financial impact could amount to approximately $273,000 per month. He stated in addition, the delay could impact the solvency for the City's new fund, as Ms. Larson believed it was Council's goal to cover the 2019 street reconstruction assessments. He explained Council had received a letter from the Realtors Association of Northeast Wisconsin, who was largely in support of the proposal, however, suggested that sidewalk repairs be paid for through bonding. He questioned what the cost would be to bond for the sidewalk repair program. Mr. Rohloff explained it would be approximately$800,000 dollars annually. He stated the City had been borrowing approximately $1,000,000 dollars per year to fund the special assessments for individuals who elected the payment plans. He explained that could be a substitute for the$800,000 dollars. He stated that would replace borrowing that would have otherwise been freed up, which was the goal. Council Member Herman stated there would still be assessments for utility work, such as storm sewer laterals. He questioned what a typical property owner would be responsible for under the proposed program. Mr. Rabe explained for a property similar to Mr. Hones, who resided on Hazel Street and spoke earlier in the meeting, it would be approximately$3,000 dollars. Council Member Herman stated he wanted citizens to understand that the fee would not completely replace assessments as a whole. Mayor Palmeri explained the City had been working on various ways to make housing more affordable, and questioned if the proposal could be characterized as one facet of accomplishing that goal. 10 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Rohloff stated under the current policy, the cost of special assessments made it difficult for residential and small business owners. He explained either the proposed transportation fee or a wheel tax would lessen the impact. He stated the proposal had been designed to keep the positive parts of special assessments while lessening the burden on property owners. Mayor Palmeri stated it was her understanding that more affordable housing would be a side benefit, and not the aim of the proposal. Mr. Rohloff explained it was not the initial intent, however, in the long run it would make housing more affordable. Council Member Miller disagreed. He stated he believed the fee would increase the cost of living for low income, at risk and elderly residents, as a majority of those individuals were renters. He explained the landlords who were up to $50,000 per year would not be able to absorb the cost and would pass it on to their tenants. Mayor Palmeri questioned what he meant. Council Member Miller explained he was concerned that the fee that was assessed to rental properties would be passed onto tenants. Mayor Palmeri questioned if he was referring to the$4.50 per dwelling unit fee. Council Member Miller stated yes. Mayor Palmeri stated it would be much more affordable than the full amount of a special assessment. Council Member Miller explained he believed there were examples provided earlier at the Chamber meeting that demonstrated that was not always the case. He stated he was concerned about the fees the larger landlords would receive,and what it would cost tenants. Mayor Palmeri indicated the second reading of the ordinance would occur at the July 23rd Council meeting. Council Member Miller questioned what would occur within the next two weeks. 11 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr.Rohloff explained Council Member Poeschl described the process accurately. He stated the second reading of the ordinance would occur at the July 23rd Council meeting, and Council could choose to take action or delay action. Mayor Palmeri explained that was why there was two readings of an ordinance. She stated she noted John Casper was now in attendance and questioned if he would like to speak. John Casper, 120 Jackson Street, apologized for arriving late. He explained the Chamber of Commerce appreciated the Council's desire to eliminate special assessments for property owners and recognized the significant financial burdens they placed on residents. He stated they supported the Council's effort to provide special assessment relief for residential property owners, however, they did not fully support the proposed policy. He explained they did not believe it was a fair or equitable solution to put a good share of the cost onto the non-residential property owners. He stated they believed the City was using the wrong methods to calculate a fee, such as including impervious surfaces such as parking lots and rooftops. He explained they did not see a correlation between impervious surface and wear/tear on streets, and believed vehicles were the cause. He stated the proposal unfairly shifted a significant portion of the cost onto non-residential property owners. He explained the proposed fee did not have a reasonable relationship to the way the revenue would be used. He stated the sidewalk program was an inappropriate use of the fee, as there was no correlation between vehicles or impervious surface and sidewalks. He explained the proposal did not consider contiguous properties that may be divided into different parcels based on ownership. He stated property owners who had recently received special assessment charges would still be required to pay the fee, which he did not believe was appropriate. He explained they believed there should be some type of cost restraint built into the proposal, tied in with the consumer price index. He stated a questioned had been raise about statutory authority in regards to imposing the utility fee. He explained they proposed a vehicle registration fee, and that any service or delivery vehicles would have the ability to apply for a credit. He stated the funds raised under the vehicle registration fee program would only be applied to residential special assessments. He explained they proposed the current policy would remain in place for non-residential properties. Council Member Herman questioned if Mr. Casper would provide the proposal to Council. Mr. Casper stated yes. Council Member Herman stated Mr. Rohloff had provided an example of a business on Murdock that had street construction done last year. He explained the special assessment cost on that property would have been relatively high, and Mr. Rohloff had demonstrated 12 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 how the cost would be less under the new program. He asked him to share the example again. Mr.Rohloff stated it had been shared earlier with the Chamber of Commerce. He explained the property had approximately 700 feet of frontage, and the street assessment would be approximately $141,000 dollars. He stated under the new program, the property would reach the developmental area unit cap,and be assessed$5,400 annually. He explained there were scenarios that were beneficial to businesses and some that were disadvantages. He recommended businesses evaluate their individual situations and provide feedback. Mayor Palmeri stated she assumed there had been statutory references reviewed to ensure the City was in compliance. Ms. Lorenson explained the ordinance contained statutory references. She stated in Wisconsin, municipalities were granted broad authority, limited by restrictions in the statutes. She explained there were no restrictions related to the program. Council Member Herman questioned why rooftops were considered in the fee calculation. Mr. Rabe explained the parking lots captured the passenger vehicle traffic impacting a site, and the rooftops captured the heavy truck traffic impacting a site. He stated according to the Wisconsin Department of Transportation, heavy truck traffic governed the design of City streets. Mr. Rohloff explained the rooftops represented the amount of traffic generated by the site. He stated when Council considered the topic as an ordinance, they would need to make findings that correlated rooftops and traffic. Council Member Poeschl stated he was confused about the inclusion of rooftops. Mr. Rohloff explained the calculation considered all impervious surface on a property, which included rooftops. He stated when the storm water utility was created, City staff utilized the GIS system to create an average. He explained the impervious surface was representative of activity that could be generated on a property. He stated in a non- residential property a developmental area unit was comprised of 2,817 square feet of impervious surface. He explained credit was not given to properties as it was with storm water, because it was looking at the relationship between impervious surface and traffic generation from the property. 13 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mayor Palmeri questioned if separate and distinct from the transportation fee, properties had the ability to apply for storm water credit based on pervious surface that had been converted. Mr. Rohloff explained any conversion to pervious surface would reduce the cost as the surface would no longer be used for manufacturing activity, production or retail, which generated traffic. He stated it was reasonable to assume that green space was utilized for decorative or landscaping purposes. Mayor Palmeri stated Mr. Casper had referenced the multiple parcels being treated as a single campus. She explained property owners had the opportunity to combine parcels through the City's certified survey map process. Mr. Rohloff stated yes; any property had the ability to do so, and some businesses had recently created a condo parcel for their multiple properties. He explained the parcel would then reach the cap, and have a maximum fee of$5,400 dollars annually. Council Member Mugerauer thanked Mr. Casper and the Chamber of Commerce for hosting the public information session on the transportation fee. He explained along Washington Avenue several properties received special assessments for work completed in 2018. He stated The Howard would receive a$40,500 dollars special assessment for concrete and sidewalk, not underground work. He explained had the proposed fee structure been in place prior to the construction, they would have instead received a $916 dollar annual fee. He stated it would take 44 years to reach the cost of the special assessment. He explained the masonic temple received a$14,700 special assessment charge for concrete and sidewalk, not including utility work, and under the proposed fee structure would have received a $226 dollar annual fee. He stated it would take 65 years to reach the cost of the special assessment. He explained the Exclusive Company, located at the corner of Main Street and Washington Avenue, would receive a $14,700 special assessment charge, and under the proposed fee structure would have received $153 dollar annual fee. He stated it would take 96 years to reach the cost of the special assessment. He explained the proposed program benefited residents and members of the business community. He stated there were different levels of benefits, however, the entire community utilized the transportation system. He explained sharing in the benefit required sharing in the cost. Council Member Poeschl stated Mr. Casper had proposed a wheel tax, giving a credit to businesses who had vehicles and keeping the current special assessment policy for commercial properties. He explained he had also mentioned the separation of sidewalks, and questioned if that was part of his proposal or if they were two standalone proposals. 14 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Casper stated he did not believe sidewalks should be part of any proposal. Council Member Poeschl clarified if he was referring to both new and rehabilitated sidewalk costs. Mr. Casper stated both. Council Member Miller requested the proposal as soon as possible. Mr. Casper explained he would provide it in the near future. Resolution 19-400 Professional Service Agreement with AECOM for Environmental Services for Pre & Post Demolition Assessment & Remedial Options Report/43 East Th Avenue ($85,742.00) MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Resolution 19-401 Approve Great Neighborhoods Capital Improvement Programs Funding in the Amount of$401,244.00 MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Miller, Allison-Aasby, Herman, Mugerauer, Krause, Poeschl, Mayor Palmeri Lyle Byre, 1235 Spruce Street, stated he was present to advocate for the approval of the funding. He explained the Congress Fields neighborhood association would utilize the funds to renovate the 'tot lot', which was a playground on Congress Avenue. He stated the playground as showing wear/tear and there was a significant water drainage concern. He explained he was professor, youth care worker and foster parent and recognized the benefit of safe spaces for families. He stated the playground on Congress Avenue was the only one within the central City. He explained the neighborhood association hoped to select a unique design. He stated South Park had experienced great success with the two playgrounds and splash pad. He explained approving the funding would be a positive investment that would benefit the City for years to come. Mayor Palmeri questioned if the Congress Fields neighborhood association had come up with the idea, or if it had been proposed as an option. She stated she was aware the funding had been proposed in the 2020 capital improvement program and questioned if 15 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 the neighborhood association had requested to expedite the process. Mr. Byre stated they had requested the funding to be considered this year, due in part to the water drainage problem. Mayor Palmeri explained she had enjoyed biking through the neighborhood and meeting residents who shared various plans and designs. Mr. Byre thanked Mayor Palmeri for her visit and encouraged Council to approve the resolution. Ron Hansche, 52 Eveline Street, stated he was present to represent the Stevens Park neighborhood association. He explained over the years, the Great Neighborhoods program had funded many projects in Stevens Park, and the association had recently requested a small grant to assist with water barrels. He stated the Parks Department had requested they add an additional flower garden. He explained they had requested water to be provided and had been denied on several occasions to develop such a system. He stated the neighborhood association was appreciative of the cost of the barrels, and would like the City to grant them the opportunity to purchase water from the City. Mayor Palmeri asked for clarification regarding the request for an additional flower garden. Mr. Hansche stated City staff had requested the neighborhood association to develop a garden area around a new location for the park sign. He explained through fundraising efforts, they had paid for planting, which was complete. He stated the gardens on the north side of the park had been developed and maintained due to funding from a neighborhood resident. He explained the neighborhood association was requesting barrels to hold water for the gardens. Mayor Palmeri stated the request for the barrel was listed at $1,975 dollars. Mr. Hansche explained it was for two barrels. Mayor Palmeri stated it was listed as a request for one barrel. Mr. Hansche disagreed. Alexa Naudziunas, Associate Planner, stated it was a clerical error. She explained the cost would likely cover two barrels. 16 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Hansche explained it would include the barrels, stands, hoses and a hose cart for safekeeping. Council Member Poeschl stated it was a vibrant and beautiful park. He explained he understood the gardens were at locations within the park that were the furthest away from any type of water source. He encouraged City staff to come up with a way to provide more water to those areas. He stated rain barrels were beneficial, and although he had been hesitant about the cost if it was for one barrel, it made sense for two barrels. Mr. Hansche requested they not be referred to as rain barrels, as they would have no way of capturing rain. Mayor Palmeri questioned if the barrels would be for water storage and not water capturing. Mr. Hansche stated that was correct. He explained the neighborhood association would pay to have them filled. Mayor Palmeri questioned if the proposal would need to be amended as it referred to rain barrels. Allen Davis, Director of Community Development, stated City staff could utilize more general terms. Council Member Poeschl questioned if the first step would be the barrels and the second would be to find a way to get water to them. Mr. Hansche explained in their proposal, the neighborhood association had indicated they would find a way to get the water. He stated one of the requests was to find a way to purchase the water from the City. He explained an alternative would be to purchase the water from the neighbors adjacent to the park. Council Member Krause questioned how large were the water storage containers. Mr. Hansche stated 100 gallons per unit. Council Member Krause clarified that there would need to be a system in place to get water to the storage containers as it would not be collected from rain. Mr. Hansche agreed. 17 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mayor Palmeri asked for an explanation of the funding request for the Rainbow Memorial Park trail engineering, design and permitting. Allen Davis, Director of Community Development, stated the City had obtained an 80/20 grant from the Wisconsin Department of Transportation (WDOT) for a trail and riverwalk through Rainbow Memorial Park. He explained the City had a contract and had intention to build it, however, the engineering, design and permitting needed to be completed at this time. He stated City staff did not have time to complete the work, and had requested the public works to estimate how much it would cost for a contract engineer. He explained that had been estimated to be $75,000 dollars. He stated most of the funding from the Great Neighborhoods program would be granted to neighborhood associations, however, there had been remaining funds which could be used to cover the cost of the contract engineer. He explained although there was not a neighborhood association it would be a significant neighborhood improvement. Mayor Palmeri stated it was her understanding that the remaining funds could have been carried over for future neighborhood association initiated projects, however, due to the shortfall for the Rainbow Memorial Park project, City staff recommended utilizing the funds. Mr. Davis stated that was the rationale behind the decision. Mayor Palmeri explained it did create an asset. Mr. Davis agreed, and explained it was a tight timing concern. He explained work would need to begin in 2019 to construct the trail and riverwalk in 2021. Mayor Palmeri questioned if there were other items in the capital improvement program that were unfunded and would require borrowing from the Great Neighborhoods funding. Ray Maurer, Parks Director, stated no. He explained neighborhood association initiated projects came up, however, he was unaware of any capital improvement projects that would utilize Great Neighborhoods funding. Dennis Kavanaugh, 1107 Merritt Avenue, recommended approval of the exercise equipment stations in Menominee Park. He stated he appreciated the Great Neighborhoods program as it allowed neighborhood associations to identify items that would benefit their neighborhood. He explained with the trail that goes through Menominee Park and the upcoming renovation of the playground, exercise equipment 18 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 would be a great addition for adults. He stated the program allowed residents to maintain control over a portion of their neighborhood and was a great example of government and community collaboration. Mayor Palmeri questioned if the neighborhood association had come up with the idea for the exercise equipment. Mr. Kavanaugh stated it had been suggested by members of the neighborhood who had travelled and recognized that exercise equipment was a common item in parks across the country and the world. Kathy Webb, 543 Otter Avenue, stated she was present to represent River East neighborhood association, and requested funding for an architectural design for the William Waters Plaza gazebo. She explained the new plaza had been well received by the community. She stated the neighborhood association wanted the gazebo to be a piece of artwork in the plaza, completed in the style of William Waters. She explained the plaza had inspired others in the neighborhood to plant flowers and improve their properties. Mayor Palmeri explained it was her understanding the neighborhood association was asking for $27,500 and would be doing fundraising for some of the construction costs. She questioned how much the total project would cost. Ms. Webb stated it was undetermined at this point, which was why they needed an architect to design the gazebo so the project could be priced out. Mayor Palmeri explained the River East neighborhood was asking for a relatively small amount to fund the planning of the project,however, construction would be a significant cost. She questioned if Council were to approve the Great Neighborhoods funding, with $75,000 going towards Rainbow Memorial Park, how City staff would anticipate paying for the actual construction of the gazebo. Mr. Davis stated City staff recommended the Great Neighborhoods program to be funded again in 2020, and construction could occur during that year for the gazebo. He explained creating the architectural design now was important to utilize as a fundraising tool. He stated he anticipated there would be both private funds and Great Neighborhoods funds available in 2020 for construction of the gazebo. Mayor Palmeri questioned if City staff was requiring the neighborhood association to do fundraising for construction of essentially a capital improvement project. 19 PROCEEDINGS OF THE COMMON COUNCIL-JULY 9, 2019 Mr. Davis stated the City had traditionally done that with all neighborhood associations. Council Member Mugerauer thanked the neighborhood associations for being an active benefit to the community. He explained he appreciated the program as it allowed the projects to come directly from the neighborhoods. Resolution 19-402 Grant Fiber Optic Easement to Northern Telephone & Data Corporation; William A. Steiger Park, 200 Ohio Street (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Mugerauer, Krause, Poeschl and Mayor Palmeri Council Member Miller stated he was employed by Northern Telephone & Data Corporation (NTD), and he would appear before Council as a citizen on the topic to answer any questions. Council Member Mugerauer asked for an explanation of the request. William Miller, NTD, stated there had been confusion regarding where the right of way was in the area of William A. Steiger Park. He explained the contractor had been mistaken, and now NTD needed to request an easement for work that had already been completed. Council Member Poeschl questioned when the work had been completed. Mr. Miller stated he believed it had been done in December of 2018. Council Member Poeschl questioned what level of scrutiny NTD would put their contractors through to ensure they were doing the right thing. Mr. Miller explained their contractor had utilized a subcontractor on the project. He stated it was convoluted as to what appeared to be park property versus what appeared to be the easement. He explained there was little private property in the area of the park and the boring had been a difficult process. He stated he did not necessarily blame the subcontractor, as it likely appeared to them that they were in the right of way. Mayor Palmeri stated the City staff report indicated the conduit may not be ideal as it added to additional structures in an already congested area, however, believed it may be 20 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 the most viable option. She explained the report stated City staff was concerned about the ability to place structures long-term, such as park amenities in the future. She questioned what could be done in the future if the City encountered an over congestion. Mr. Miller stated there was over congestion everywhere. He explained the City currently did not have an abandonment policy, so wherever they worked there was congestion. Mayor Palmeri questioned what the corrective measure would be in that situation. Mr. Miller stated it would need to be left right where it was, as there was no other space for NTD to utilize in the area. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained there was a boards and commissions workshop, including the alternate ordinance discussion, scheduled for July 23rd at 5:00 p.m. She questioned if Council would be provided a draft of the alternate ordinance prior to the workshop. Ms. Lorenson explained the draft would be dependent on final decisions from Council. Mayor Palmeri stated she had met with several chairs of the boards and commissions, and all were in favor of adding alternates as it had been suggested. Mr. Rohloff explained he had not received any additional feedback. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Miller complimented the parks department for their work at the location on 61h Avenue and Idaho Street. Council Member Herman thanked City staff for their efforts with the 41h of July fireworks and event at the Leach Amphitheater. He stated he had received mostly positive feedback and looked forward to making the event even better next year. Mr. Rohloff agreed. He explained Dean Smith, Chief of Police, had reported there were virtually no concerns. 21 PROCEEDINGS OF THE COMMON COUNCIL—JULY 9, 2019 Council Member Herman stated he had learned that there had been some concerns about individuals fishing on shore resulting in difficulty for boaters trying to get to shore. He explained Council may want to take passing a temporary no-fishing ordinance during the event in the future. Mayor Palmeri questioned if there would be a debriefing. Mr. Rohloff stated it would occur in the near future and he would provide Council with the information. Council Member Allison-Aasby explained she had enjoyed seeing the riverwalk being utilized by so many families. She congratulated the group who had organized the event in a short period of time. Mayor Palmeri stated she had not been able to attend, however, had understood that many people enjoyed the event. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the final revenue and expense statement was included in the Council packets and noted the City was approximately $900,000 over budget on revenue and $800,000 under budget on expenditure. He explained the numbers would be reflected in the final audit and the subject of Council's second budget workshop. He stated in regards to outstanding issues, City staff was working to schedule a date for a workshop with the school district. He explained the Oshkosh Corporation update was in the Council packet and work was progressing well at the site. Mayor Palmeri stated she understood there was an upcoming key performance indicator update, and a public dashboard was scheduled to go live on July 23ra Mr. Rohloff explained there was new software in place that would enable the public to view the key performance indicators. He stated the goal was to have the data live on the City's website on July 23ra MOTION: ADJOURN (Mugerauer; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:55 p.m. PAMELA R. UBRIG CITY CLERK 22