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HomeMy WebLinkAboutMinutesPCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN O27,2015 CTOBER COUNCIL MEETING held Tuesday, October 27, 2015, at 5:30 p.min the Council . Chambers, City Hall. PRESENT: Council Members Steven Herman, Tom Pech, Jr., Caroline Panske, Kyle Clark, Deb Allison-Aasby, and Mayor Cummings EXCUSED: Benjamin Stepanek MOTION: TO CONVENE INTO CLOSED SESSION 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 AND EXERCISES RESPONSIBILITY (Pech; second, Clark) CARRIED: Ayes (6) Herman, Pech, Panske, Clark, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Herman; second, Pech) CARRIED: Ayes (6) Herman, Pech, Panske, Clark, Allison-Aasby, Mayor Cummings The meeting adjourned at 5:32 p.m. REGULAR MEETING held Tuesday, October 27, 2015, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Steven Herman, Tom Pech, Jr., Caroline Panske, Benjamin Stepanek, Kyle Clark, Deb Allison-Aasby, and Mayor Cummings 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 Emma Karcher from Lourdes Academy Elementary Seton Campus and; Dory Butzlaff from Lourdes Academy Elementary Cabrini Campus. 1 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, was concerned about construction permit fees. Bob Cornell, 548 W. Smith Avenue, congratulated the Council on their efforts regarding the th 2016 budget process and announced that Saturday, November 7 a spaghetti dinner fundraiser would be held at the Senior Center. He also stated that on Veteran’s Day, th November 11, the Senior Center would serve breakfast free to all veterans. He asked if it was appropriate for citizens to speak on items listed on the agenda under Council Discussion, Direction to City Manager and Future Agenda Items. Ms. Lorenson stated citizens were permitted to speak on items listed under Council Discussion, Direction to City Manager and Future Agenda Items during the time allotted for Citizens Statements. CA ONSENT GENDA Approval of Bills presented by the Finance Director. Council Member Clark requested the bills be removed from the Consent Agenda for individual consideration. Receipt and Filing of Common Council Minutes from October 13, 2015. Resolution 15-461 Approve Architectural Design; Award Bid for South Park Restroom/Shelter Construction for Parks Department to Cardinal Construction Co. Inc., ($312,122.00) Resolution 15-462 Award Bid for Emergency Medical Supplies Contract for Fire Department to Bound Tree Medical (Three Year Contract–Various Amounts) Resolution 15-463 Approve Engineering Services Agreement with Professional Services Industries, Inc. for Subsurface Exploration and Geotechnical Engineering Evaluation for Various 2016 CIP Projects ($78,030.00) Resolution 15-464 Approve Engineering Services Agreement with Speedy Clean Drain and Sewer for Sanitary and Storm Sewer Main and Lateral Televising ($105,822.50) Resolution 15-465 Rescind Real Property Taxes for 0 Stoney Beach Street (Donald Dobberke) 2 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Resolution 15-466 Approve Special Class “B” Licenses, Agent Change for Combination “Class B” License & Operator Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING APPROVAL OF BILLS PRESENTED BY THE FINANCE DIRECTOR (Pech; second, Allison- Aasby) CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby, Mayor Cummings Approval of Bills presented by the Finance Director MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Herman, Pech, Panske, Stepanek, Allison-Aasby, Mayor Cummings Present (1) Clark Council Member Clark stated there was a bill from his employer listed in the report by the Finance Director, therefore he would be voting present on the item. ATOR CTION AKEN ON RDINANCES AND ESOLUTIONS Ordinance 15-467 Approve Parking Regulation Changes on Dickinson Avenue, Court Street and in the Alley Adjacent to the Oshkosh Convention Center FIRST READING; LAID OVER UNDER THE RULES Ordinance 15-468 Designate Yield Right of Way Intersection at Fairfax Street and Rebecca Run FIRST READING; LAID OVER UNDER THE RULES Ordinance15-469 Designate Bicycle Lanes on Taft Avenue between North Koeller Road and North Sawyer Street FIRST READING; LAID OVER UNDER THE RULES th Ordinance 15-470 Approve Landmark Designation 50 West 6 Avenue (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 15-471 Approve Phase II of 2014 Great Neighborhoods Capital Improvement Programs Funding in the Amount of $95,000.00; Approve Phase I of 2015 Great Neighborhoods Capital Improvement Programs Funding $110,000.00 3 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER MOTON: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby, Mayor Cummings Ben Krumenauer, 650 Grove Street, stated he was proud of the Great Neighborhoods Program and felt the City of Oshkosh was a leader in that initiative. He spoke on behalf of the Menominee South Neighborhood Association about the Sea, Sand, and Sailor Land Park Improvements Project as outlined in the 2012 Menominee Park Master Plan. He stated the Menominee South Neighborhood Association was committed to helping with the design, construction and maintenance of the playground. Council Member Herman stated he would support the resolution as it was part of the Strategic Plan and he felt it was important to invest in the City’s neighborhood associations. Council Member Clark agreed it was important to invest in the community. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS th A budget workshop would be held November 4 at 5:00 p.m. th Mr. Rohloff stated that a public hearing on the budget would be held on November 10. Council Member Panske forwarded a request from the Bike and Pedestrian Committee that sidewalks be continued along Jackson Street north of the existing sidewalks. She stated that area was very busy with bus routes and a medical center and the absence of sidewalks was inconvenient. Council Member Herman agreed that sidewalks were needed on Jackson Street north of the existing sidewalks at least to Logan Drive, however that area was in the Town of Oshkosh and agreements would have to be made with the Town of Oshkosh to establish the right of way and who would maintain the sidewalks. Council Member Clark stated there were too many islands belonging to the Town of Oshkosh along that stretch of Jackson Street which made it difficult to construct sidewalks. Council Member Pech suggested the Bike and Pedestrian Committee invite a member of the Oshkosh Town Board to a meeting to discuss the concern regarding constructing sidewalks along Jackson Street beyond the existing ones. Mayor Cummings stated the cost of the sidewalks could be an issue. Council Member Panske stated the Bike and Pedestrian Committee recommended an amendment be made to Ordinance 25-54 in the Municipal Code that the standard width for sidewalks be changed from five feet to six feet. 4 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Pech asked for the reason why the Bike and Pedestrian Committee recommended the sidewalk width be six feet. Council Member Panske stated the Bike and Pedestrian Committee had noticed sidewalks were becoming congested due to more usage by motorized wheelchairs and bicyclists using attached apparatus such as child carriers. She stated other communities such as LaCrosse had amended their sidewalk width ordinances to six feet. Council Member Herman asked how the proposed amendment for sidewalk width would affect the Sidewalk Replacement Program. Council Member Panske stated the proposed amendment for sidewalk width would not pertain to the Sidewalk Replacement Program, only for new construction of sidewalks. She stated for new construction projects that included sidewalks, the Bike and Pedestrian Committee would like the opportunity to make a determination if the location was a high traffic area to warrant six foot wide sidewalks. Council Member Herman asked if the extra expense of the increased sidewalk width would be passed on to the tax payer. Council Member Panske stated the extra expense of the increased sidewalk width would be passed on to the tax payer. Mr. Rabe explained the ability to vary the five foot width for existing sidewalks was already included within Ordinance 25-54 in the Municipal Code. He stated rather than amending the ordinance to reflect all newly constructed sidewalks to be six feet wide, another option would be to keep the current standard width of newly constructed sidewalks at five feet and add the clause “unless otherwise approved by the Board of Public Works”. He stated under that scenario the Bike and Pedestrian Committee could present their recommendation for a wider sidewalk to the Board of Public Works prior to the start of construction. Council Member Clark asked if the cost of the wider sidewalks would be built into the construction contract in cases of street reconstruction projects. Mr. Rabe explained there was a clause in Ordinance 25-54 in the Municipal Code that allowed the Board of Public Works to vary the sidewalk width in street reconstruction projects where sidewalks already existed. He stated the sidewalk width variation clause he proposed would apply to newly constructed sidewalks. Council Member Panske stated going forward, the Bike and Pedestrian Committee would like to set the precedent for City sidewalks to be six feet wide. Mr. Rohloff asked if the Bike and Pedestrian Committee wanted certain corridors in the City to have six foot wide sidewalks or all City sidewalks to be six feet wide. 5 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Panske stated the Bike and Pedestrian Committee recommended all newly constructed sidewalks in the City to be six feet wide. Council Member Clark stated his concern with a six foot standard width for all newly constructed sidewalks was that there was limited right of way in some areas of the City. He stated he felt the width of newly constructed sidewalks should be established on a case by case basis with variances being determined the Board of Public Works. Mr. Rohloff stated James Michelson, Chairman of the Bike and Pedestrian Committee, stated his desire to amend the municipal code for a standard sidewalk width to be six feet was only in higher pedestrian volume areas. He stated as the Board of Public Works, he had the authority to approve sidewalk width variances for reconstructed (existing) sidewalks. Mr. Rabe stated an amendment to the ordinance would have to be implemented to give the Board of Public Works the ability to authorize variances to the standard sidewalk width for newly constructed sidewalks. Mr. Rohloff explained to Council they could leave Ordinance 25-54 in the Municipal Code as is (five feet standard width for sidewalks), opt to add the clause “unless otherwise approved by the Board of Public Works” under 25-54 (A), or amend the ordinance to change the standard width for sidewalks from five feet to six feet. Mayor Cummings asked who paid for the sidewalks in new construction developments. Mr. Rabe stated in a new subdivision development the cost of the sidewalks was the responsibility of the developer. He explained in other cases, such as the aforementioned Jackson Street where the area was fully developed but currently without sidewalks; adding sidewalks would be considered construction of new sidewalks. Mr. Rohloff noted there were a handful of streets without sidewalks in the City. Council Member Clark stated he supported amending Ordinance 25-54 in the Municipal Code to add the clause “unless otherwise approved by the Board of Public Works” under 25-54 (A). Council Member Pech stated he supported amending Ordinance 25-54 in the Municipal Code to add the clause “unless otherwise approved by the Board of Public Works” under 25-54 (A). Council Member Herman stated he felt it was appropriate for the Bike and Pedestrian Committee to work with City staff to draft any changes to Ordinance 25-54 in the Municipal Code. Council Member Herman asked the Council for feedback on whether there should be guidelines for Council to be notified when significant, serious events occurred in the City. 6 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Pech stated he felt it was unrealistic for the Council to identify what was considered a significant, serious event. He stated he believed Council notification should be determined as needed by the Fire Department, Police Department, or the City Manager. Council Member Clark stated with the speed of social media it would be difficult to develop a policy to notify Council of significant, serious events that happen in the City. Council Member Allison-Aasby stated a Council notification policy might be appropriate for instances of public safety issues such as a chemical spill or prison escape. Council Member Pech stated he did not feel a Council notification policy was warranted and felt it was up to the City staff professionals to determine when the Council should be notified of significant happenings in the City. Council Member Panske stated she did not feel a Council notification policy was necessary. Council Member Clark stated he trusted City staff and was confident with the method in which he requested and received information from them. Council Member Stepanek stated he felt it would be difficult to draft a Council notification policy, however he agreed that Council notification of public safety issues would be appropriate. Mr. Rohloff stated there were incidents when it was appropriate to notify Council. He stated in events where there was ongoing imminent public safety danger he would inform the Council. He stated he would also notify Council whenever the Emergency Operation Center was opened. He stated if there was a prison escape or murder in the City, he was notified by the Police Chief. He noted there was a recent walk away from the Winnebago Correctional Facility and asked the Police Chief to explain how a walk away differed from an escape. Police Chief Greuel explained the facility from which the inmates walked away from was a work release, transitional facility where inmates would work in the community and be brought back to the facility when they were finished. He stated in the recent incident once it was determined the inmates were missing an investigation was launched and authorities across the State were notified. He stated although there was no public safety threat, the Police Department did not meet their expectations or the expectations of the public and were taking measures to correct the breakdown in communication. Mayor Cummings stated he was comfortable with allowing City staff professionals to determine when the Council should be notified of significant happenings in the City. Council Member Panske asked if the Police Department had thought of notifying residents in the area of what type of correctional facility they were living near. 7 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Police Chief Greuel acknowledged in the recent incident, his department could have done a better job educating the public of the fact that the inmates walked away from the minimum security facility and not the medium security prison. Council Member Panske stated she felt it would be a good idea for citizens in the area to be notified of the types of correctional facilities they were living near. Council Member Pech clarified that the Winnebago County Correctional Facility was a State of Wisconsin facility and the State had a responsibility to report information as well. Police Chief Greuel stated since the recent incident, there had been discussions with State legislators regarding developing a state wide alert system for the various levels of correctional facilities to bring attention to missing individuals from any state run facility. Council Member Pech asked for a discussion on ways the City could allow boat launch access in Menominee Park over the July Fourth Holiday. Council Member Clark stated he did not feel it was improper to request the event organizers blocking access to the boat launch to compensate the City for lost revenue. Mayor Tower stated it was important to remember that the City park system was paid for by the tax payers of the City of Oshkosh and he felt it was unfair to deny City residents boat launch access, especially over long holiday weekends. Council Member Clark stated he was comfortable having City staff draft a policy regarding park facilities. Council Member Allison-Aasby stated she concurred with having City staff draft a policy regarding park facilities. Council Member Herman asked for comments from the Director of Parks. Ray Maurer, Director of Parks, stated the City had a number of large special events held in its parks that consumed the entire park. He noted there were fishing tournaments held in Lake Winnebago where organizers rented the Millers Bay boat launch parking lot for the entire day. He stated there were several community organizations that utilized the park facilities. Council Member Pech stated special events that were held in the City used City services and he felt organizers of the events should have to pay for the services they received. Mayor Cummings felt that whatever policy the Parks Department came up with, it had to be fair to all and not managed by exception. Council Member Allison-Aasby stated during budget discussions the topic of creating a municipal court was brought up. She asked the Council for their thoughts on a timetable to give to staff to research the feasibility of possibly creating a municipal court. 8 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER Council Member Pech asked staff if March 31, 2016 was a viable timetable to research the possibility of creating a municipal court and if the municipal court could be implemented in 2017. Mr. Rohloff stated he felt a March 31, 2016 timetable was sufficient to research the possibility of creating a municipal court, however when the municipal court would be implemented depended on the findings of the research. Council Member Herman stated he was interested in learning what the budget impact of creating a municipal court would be. Council Member Allison-Aasby asked if a municipal court were created, who was in charge of collecting fines. Mr. Rohloff stated if a municipal court were created the City would be responsible for collecting fines. Council Member Clark stated he felt having a municipal court would give the City more control and a faster turnaround. Mayor Cummings stated he felt there were pros and cons to having a municipal court. Mr. Rohloff encouraged Council Members attending the upcoming League of Municipalities Conference to ask other community leaders who had created municipal courts for insight. Council Member Herman noted the City of Oshkosh was the only community in Winnebago County without a municipal court. CSC ITIZEN TATEMENTS TO OUNCIL There were no citizen statements to Council. CMAS ITY ANAGER NNOUNCEMENT AND TATEMENTS Mr. Rohloff stated City staff continued to work on contractual items regarding the City’s health insurance. He also stated the meet and greet for candidates for the Police Chief th Position was tentatively scheduled for November 16. He stated the City had contracted with Carlson Dettmann Consulting, LLC for an update to the previous Classification and Compensation Study. Charlie Carlson from Carlson Dettmann Consulting, LLC stated it had been five years since the City had a classification and compensation study completed. He stated the market had picked up substantially and it was prudent for the City to periodically complete a compensation study to see how it compared with the current market. Mayor Cummings requested that new council members receive a copy of the 2011 Classification and Compensation Study. 9 PCC–O27,2015 ROCEEDINGS OF THE OMMON OUNCIL CTOBER MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS INVOLVED PERTAINING TO PROPERTY LOCATED AT 1118 SOUTH MAIN STREET (THE FORMER BUCKSTAFF FACTORY) (Pech; second, Clark) CARRIED: Ayes (7) Herman, Pech, Panske, Stepanek, Clark, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Pech; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:26 p.m. PAMELA R UBRIG CITY CLERK 10