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HomeMy WebLinkAbout02. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JUNE 22, 2016 SPECIAL MEETING held Wednesday, June 22, 2016, at 11:00 a.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, Steven Herman, and Mayor Steve Cummings EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Angela Joeckel, Deputy City Clerk Resolution 16-307 Approve Special Class "B" License — Seansbang 2016 MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADJOURN (Pech; second, Panske)) CARRIED: VOICE VOTE The meeting adjourned at 11:04 a.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JUNE 28, 2016 REGULAR MEETING held Tuesday, June 28, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Caroline Panske, Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; James Rabe, Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Council Member Herman. PUBLIC HEARINGS Ordinance 16-308 Approve Zone Change/Downtown Oshkosh YMCA from C-3 Central Commercial District, R-2 PD Two Family Residence District with Planned Development Overlay, R-5 Multiple Dwelling District & R-5PD Multiple Dwelling District with Planned Development Overlay to C-3PD Central Commercial District with Planned Development Overlay; 324 Washington Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-309 Approve Zone Change from A-2 General Agriculture Extraterritorial Zoning to A-1 Light Agriculture Extraterritorial Zoning; Southeast Corner of 91h Street Road & Clairville Road, Town of Algoma FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-310 Approve Creating Division 6 Residential Rental Contact Registration & Inspection Program of Chapter 16 Housing Code FIRST READING; LAID OVER UNDER THE RULES 1 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Mayor Steve Cummings stated this had been a highly charged and emotional issue in the past few weeks, with misunderstandings, confusion and dissemination of disinformation within that time period. John Zarate, Chief Building Official, and Allen Davis, Director of Community Development were asked to do a presentation on the concerns and frequently asked questions in regards to the program. Mr. Davis explained that the Rental Contact Registration and Inspection Program was a code update that addresses some of the specific concerns with existing property maintenance and building codes and compliance in the city. He explained there was a long history of violations and the program was designed to address those violations in the city and prevent them from continuing or exacerbating. Mr. Zarate presented a slide show that included photographs inspectors had taken on some of their inspections under the current enforcement program which was done via a complaint basis. Common findings included non-functional smoke detectors with the batteries removed, plumbing problems and improper repairs, heating problems, electrical issues, unsanitary living conditions, water damage, structural damage, improper repairs, bed bugs and infestations, parking violations, and excess junk and debris. Mr. Davis directed the attention of the Council to a list of the FAQ's that was developed regarding questions that have been raised since the last presentation at Council. The first question was "I thought State Law prevented a City from running a rental registry and inspection program?". He explained the 2015 Wisconsin Act 176 explicitly permits municipalities to create registry program as well as administering a "program of regularly scheduled inspections. The second question was "Is this a way for the City to increase revenues for the Inspections Division?". He stated that the City had never charged the landlords or the tenants for this type of service in the past; it had been carried by the rest of the general public when it came to inspections and corrections. He stated this would be the beginning of recovering some of the costs that the City had already incurred on hundreds if not thousands of violations in the past, likely in the range of $50,000.00 a year in staff time that it took to follow up on the violations. The program being created would be funded completely by the fees and not general taxes or other permit holders, it would be funded by the program itself and the inspections that were done. 2 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Mr. Davis stated a good question someone asked was "why doesn't the City just go after the "bad" landlords or just target the university area?". He stated there was a concern and they were originally looking at developing a program like that, but learned from the Legislature in spring that if the City wanted to create a program, they would be required to use a uniform system of inspections around the City and it had to be community wide. Therefore the University area or a specific neighborhood could not be targeted,it had to be community wide to comply with the State Statutes. Another common question was "what are the City Officials going to be searching in the rental units?". Mr. Davis explained they are looking for health and safety codes along with housing and electrical building code, and not searching the personal property of any tenants. The next question Mr. Davis answered was "Is the City going to charge landlords yearly for this inspection program" to which he stated that no, the program was a five year cycle, so landlords would be charged once every five years. In response to what the cost would be, Mr. Davis stated it would be $125.00 per unit every five years. He further explained that landlords that could set up inspections at one time for multi-unit structures could then pay the reduced fee of $180.00 regardless of how many units were in the building. In response to how long the inspection would take, Mr. Davis explained it would depend on the condition and size of the rental unit, but the estimation was approximately an hour. He further explained the cost of reinspection fees. Bernardo Cueto, 510 Birch Steet, Onalaska, WI, spoke on behalf of the Winnebago County Housing Association. He stated they would like more time to meet with council members on the Ordinance proposal. He explained they would like to enhance the program and meet the goals the City was trying to accomplish and at the same time not have it be punitive for the landlords. He explained he sued the City of La Crosse against their inspections program, as well as the City of Wausau. He stated he was present to promote cooperation and asked City Council Members to meet with the Association at their next meeting. Mr. Cueto stated they were not looking to have an expensive litigation or change state law any more than it had already been changed. He stated they were not looking to put a stop to the Ordinance, but to improve it. Aaron Wojciechowski, 740 Cherry Street, Oshkosh, stated he was the Winnebago County Supervisor for the School District and was present to speak on behalf of the students. He stated that many students chose to live off campus after the first two years of school as it 3 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 was cheaper than living in the dorms. He stated many students had expressed the living conditions they had dealt with and were hoping to see that change, which is why they support the project moving forward. In addition, the President of the Student Government requested Mr. Wojciechowski speak on her behalf, and submitted the following statement: "To whom it may concern. As the official elected Student Body President at the University of Wisconsin, Oshkosh, I am in favor of the Residential Rental Contact Registration & Inspection Program. I believe that this program will benefit the students who utilize off campus housing. These students and Oshkosh residents have limited resources to ensure they are living in a structure that meets the basic living standard. I applaud the members of the City Council who are taking steps to ensure basic safety measure for students of UWO. While students are only a minority of the residents in the community that does not mean that their basic rights to safety can be ignored. Students living in homes that are potentially unsafe should have the opportunity to ensure that they are living in a safe environment. As the President of the Oshkosh Student Association I believe this ordinance will increase relationships between tenants and landlords, which would benefit groups in the future. I urge all voting members to support this ordinance, for showing your support of this shows that you care about the residents of the City you have been elected to represent. Thank you, Austyn Soothe, President of Oshkosh Student Association." Mr. Wojciechowski stated he would like to echo and agree with that. Michael Stratz, 2750 Kilarney Court Oshkosh, stated that he and his wife owned two apartment buildings with a total of eight units. He stated they fully support the idea of a registry, and also compliment the Fire Department who had been extremely proficient in going through their buildings, and stated that their buildings were regularly inspected. He also explained they installed tamper proof smoke detectors. He stated his concern was that the program was another way of causing expenses for tenants because the landlords will have to pass the cost along. He stated that it was his understanding that if a student or other tenant had a problem with their housing, all they had to do was call the City, and that the City would work with the landlord to resolve the problem. He explained he had concerns about the list of items the city would be inspecting and how often that list would be added to or changed. He also expressed concern about what would happen if a tenant refused inspection, and the possibility of an invasion of privacy. He stated he felt the City was trying to resolve a problem that had already been fixed, and was creating a can of worms that would create more problems than what would be fixed. He explained that although other cities with universities had similar programs, perhaps those cities did not have the same response that Oshkosh had to complaints, and that the current situation appeared to be working well in Oshkosh. 4 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Alan Sawitski, 1245 Glane Court, stated he believed when a tenant contacts the City in regards to a complaint, the tenant should be asked if the landlord had been notified of the problem in order to correct it. He stated that it was common to learn of a problem from the City without any prior knowledge of the issue. He stated generally the people who filed complaints were those being evicted and it was retaliation. He stated that people who were not listed on the lease would call and file a complaint despite that they do not live at the residence. He stated he believed the tenant should be responsible to notify the landlord first before filing a complaint. He stated he had incurred a number of costs already from the City due to road work, school referendums, etc. He stated he was not sure how much more expense he could pass along to his tenants. He also questioned whether City Inspectors would require re-wiring for all of the locations that contain ungrounded outlets. Another suggestion he offered was to begin mandatory inspections after multiple complaints, so other landlords would not have to suffer for what bad landlords do. He questioned if rental units were being inspected, what would be done about the businesses and private homes. Kelley Schwab, 4181 Stonegate Drive, Town of Algoma, spoke on behalf of her father as well as her family who were large property owners and stakeholders in the City of Oshkosh. She stated her father had informed her of the last time an inspection program had been implemented within the City of Oshkosh and the negative effect it had on the business community. Since the program had been discontinued, a positive business environment had been reestablished in the City of Oshkosh, allowing individuals, small business owners, and developers to invest in the City. She indicated the discontinued program demonstrated the old Oshkosh attitude of keeping people out and fostering a negative business environment. She indicated the program would cause people to not want to do business within the City of Oshkosh and instead do business elsewhere. She stated that although the City states that the program would promote the safety of its residents, the program could not and would not not be able to do so. She stated that the cost of housing within Oshkosh would rise, forcing tenants in the lowest rental brackets to be unable to afford the housing and eventually forcing them out of the City. She indicated that the City already had within its means the tools to protect the tenants living within the City, with the current ordinances, statutes and administrative codes that are in place. She stated the program was a governmental money grab, and the money they were grabbing was from small businesses that had made the community what it was. She stated the message the City of Oshkosh was sending to small businesses and developers was that as a City, they did not want small businesses within the community. Ms. Schwab exhausted her time allowed to speak. David Nesseller, 1446 W. New York Avenue, stated that within the packet the Council had, there was a statement that read "the Common Council finds that a significant percentage of the complaints and code violations occur at residential rental dwelling units, and that the conditions that exist at these units adversely affect the neighbors and the neighborhoods in 5 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 which they are located" to which he stated he could not agree more. He stated he appeared before the Common Council in August, 2011, and asked that they look at some of the problems occurring within the college neighborhoods, and nothing happened. He stated he appeared before the Common Council in March of 2013 with the same question and again there was no result. He stated he was not in favor of the proposal as there was already plenty of codes that if enforced, would improve the neighborhoods significantly. He stated that although the Council recognizes the City had problems within certain neighborhoods, and receives simple advice from residents, but does not implement those suggestions and instead hires consultants to attempt to fix the problems. He stated he believed Council already had the codes and enforcement tools available to make change, and the proposal would be an unnecessary expense. Tracy Frost, 1675 Brentwood Drive, stated she was going to continue where Ms. Schwab had left off. Reading from Ms. Schwab's statement, she stated that within the last month, Ms. Schwab had a conversation with an investor who owned 200 rental units in the City and vacant land he intended to develop. The investor stated he was going to sell the rental units and vacant land to take his business to a different community where there was less risk of programs such as this. Ms. Frost stated this was just the beginning of migration of small businesses from the City of Oshkosh. Thomas Amack, 813 Whisper Falls Lane, Menasha, stated he was the Director of Property Management for Midwest Properties in Oshkosh. He wanted to note that although the photographs within the slideshow were very telling, they appeared to be all single family detached homes. He stated that since mid-2013, six percent of multi-unit rental residences had complaints filed against them. He stated that the other ninety-four percent of landlords would be responsible to pay for the six percent of problem landlords. He explained they inspect their units twice a year for safety and health conditions, including leaks, electrical problems,hoarding, fire hazards, cleanliness and any direct or indirect violation of the lease in general. He recommended that stricter enforcement of existing policies and raising the fines to first offenders, and making the fines exorbitant to repeat offenders. He stated that the way the program was currently written was dividing the City and small business owners, creating possible lawsuits and a lot of hostility. He stated that the program should be tabled and not go any further until landlords and associations could have input into designing a fair process that accomplishes what the City was looking for. Mayor Cummings reminded the participants that there was to be no clapping, foot stomping, or hollering and to refrain from that type of behavior. 6 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Lynn Kolf, 619 A E. Parkway Avenue, stated that she was a renter and against the proposal. She was concerned that it was going to end up costing her more money, putting a strain on her budget. She also stated she would refuse to let any inspector into her apartment that she had not asked to come. Don Lord, 743 W. 101h Avenue, stated he resided in a duplex that would be subject to inspection. He stated that the program was pitting people against each other very badly. He explained he was for improving the rental community but this program was not the way to do it. He explained a need for more workshops and landlord education. He stated there had not been a City provided landlord education program since 1999, and that it was important to give the landlords the tools to do their jobs and then go after those that were not. Paul Redemann, 3677 Hickory Ridge Road, Town of Algoma, stated he had been a landlord and real estate broker within the City of Oshkosh for the last 43 years. He stated that the City had such a long list of landlord violations because the current system was working. He stated he believed the City already had what it needs to address the problems and adding another ordinance was not necessary. He questioned why the ordinance did not appear to apply itself fairly to City and County owned housing, including university dormitories. He also questioned why single family, owner occupied homes would be exempt, and felt as though there was discrimination. He also questioned the timeline, and events that would potentially take place after the inspection or during the 5 years before another inspection would take place. He stated that if improving neighborhoods was the goal, the City should work with knowledgeable landlords and come up with a more equitable solution. He expressed concern regarding what would happen to small business landlords if the ordinance was passed, and stated he did not believe the resale rental market would get any better. Paul Schmidt, 1280 W. South Park Avenue, stated that he also believed an advisory type of working relationship between the landlords, citizens, tenants, Council Members, and City staff was significant. He stated that tenant responsibility was an area which was often overlooked. He stated that a number of the unsanitary conditions that Mr. Zarate pointed out appeared to be tenant neglect, and questioned what Mr. Zarate meant when he stated "we would help them". Jeff Wicinsky, 5776 Indianshores Road, Winneconne, stated he was the past President of the Apartment Association and current board member, and owner of rental property within Oshkosh. He stated he called Council members earlier in the day and thanked those who took the time to call him back. He stated that when he spoke with Council Member Herman there appeared to be some discrepancy regarding the involvement of the Apartment 7 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Association. He explained the Apartment Association did not have participation regarding the current proposal. He requested that the ordinance be tabled and for the City to involve the Association and others that the ordinance would effect. Matt Mikkelsen, 906 Winnebago Avenue, stated he owned two apartment buildings in Oshkosh and that it was his tenant who spoke earlier, and that he believes he had good relationships with his tenants. He explained that when he rents out an apartment, he provides his tenants the phone number to the City of Oshkosh Inspectors Department. He also invites his tenants to come and discuss any problems they encounter directly with him. He stated that although there may be landlords who did have issues, there are also a number who try to do business professionally and ethically. He stated that the ordinance seemed to punish the entire group of landlords for the poor actions of a few. Mayor Cummings reminded the Council that there were letters within their packets from individuals supporting the program. Mr. Davis responded to questions posed by the public. To the first question, had the property owner/landlord been notified of the complaint, he stated that the City did contact the owner as every complaint was investigated. He did note there were times the City did not contact the owner if there was no violation. To the question of why the City did not inspect businesses and private homes,he explained that businesses get inspected by the Fire Department, and that it was a common misconception that the Fire Department inspected the insides of multi-family units; they only inspect the common areas including hallways and stairs and exteriors. To the question of can the City just inspect the multi-violation properties, he explained that State Statutes required that there was a uniform system of inspections, and the City was therefore unable to inspect just particular landlords or neighborhoods. Council Member Panske reminded Mr. Davis of the question regarding helping tenants with the unsanitary safety issue. Mr. Zarate explained that with tenants who struggled with unsanitary conditions, typically Winnebago County Social Services became involved. He stated that sometimes children or animals were involved in these situations, and that was what he meant by getting the tenants help. 8 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Council Member Panske questioned whether a landlord would be notified in a situation like that. Mr. Zarate stated that yes, a landlord would be contacted. Council Member Pech asked Mr. Davis whether or not the City could do some type of education for landlords. Mr. Davis stated yes. Council Member Pech then questioned why the Landlords Association would not do some of the education on their own and do some self-policing of the reported six percent of the group. He stated he did agree that the City could do some education along with the program. Mr. Davis stated that they had done education programs with the Home Builders Association and other neighborhood associations, but had not recently done landlord or tenant groups. Council Member Pech stated that the government could do outreach, but they also need people to come forward and ask for help or guidance. Mr. Davis stated that they always had their ears open to how they can improve customer service and provide better services. Council Member Palmeri requested clarification regarding a 21 day notice. Mr. Davis stated they were proposing sending a 21 day notice so that landlords and tenants were fully prepared. He explained they were also able to reschedule if necessary, the inspection just needed to be completed within that year. Council Member Palmeri asked Mr. Zarate if hotels and restaurants were required to have inspections completed through the Health Department, if Mr. Zarate's department would also be involved in that, and if fees were a part of that inspection. Mr. Zarate stated the Health Department did inspect such locations. He explained his department was involved if it was a new establishment, and fees were a part of that process. Mayor Cummings asked for an explanation as to why dormitories and public housing would be excluded from these inspections. 9 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Mr. Davis stated that the City did not have any housing that he was aware of; it was suggested the properties in question were in reference to the Housing Authority. He explained that dormitories and public housing would be exempt because they already received an inspection and the City was not looking to duplicate existing inspections. Council Member Herman asked to again go over the fees as he felt quite a few people were misunderstanding the fees. He stated that if a landlord had multiple units, they would not necessarily have to pay the $125.00 per unit, but could elect to have the building inspected at one time for a per building fee of$180.00. Mr. Davis stated that information was correct. Council Member Herman asked what the process would be if a tenant did refuse inspection. Mr. Davis stated that the process would be to inspect what they were able to from the public right of way, file the inspection, and note that they were not able to gain access to the unit. Council Member Herman asked if the landlord would then be charged for that inspection even though the inspector was not able to gain entry to the unit. Mr. Davis stated yes, the landlord would still be charged, as they need to remain uniform under Wisconsin Statutes. Council Member Palmeri questioned if there would be an opportunity, with the way the current statutes were written, if landlords or properties did not have a violation during the inspection that there would be some kind of rebate given. Mr. Davis explained not the way he reads the State Statutes. He further explained that it did not specifically call out any kind of rebates or discounts,but that it did say uniform, and he would then need to defer to the State Legislature to see what their intent was. Mayor Cummings noted that people should understand that this program was driven by State Statute. He explained there were different things that Oshkosh and other cities wanted to do with the program, but Legislature would not allow it. Mr. Rohloff brought up the question regarding what would happen if an item, such as steps, previously met code, but code changed, how would that issue be addressed. Mr. Zarate explained that it was not their intention to go after older properties that may have items such as steps or outlets that were not up to code, but properties that had steps 10 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 or outlets that were broken or not functioning. He explained that those types of codes were not retroactive and inspectors would not be requiring the items to be changed, unless the landlord was engaged in a project where the items were being replaced; then they would be required to be brought up to code. He stated that codes that were retroactive, including smoke detectors and carbon monoxide detectors, would be enforced. Mr. Rohloff brought up the question of tenant responsibility. He asked if there was evidence that a tenant was responsible for the violation, would there be any recourse to go to the tenant for the violation as opposed to the landlord. Mr. Zarate stated he believed there would be a recourse to go after the tenant if there was evidence supporting tenant responsibility. He stated citations would be issued to the tenant in such instances. Mr. Rohloff asked if an individual owns a duplex, lives in a unit and rents the other unit, what would be included in the inspection. Mr. Zarate stated only the rented side would get inspected. He further explained it would be the same if someone was renting out a bedroom in a home. The bedroom would not be inspected as it would be an owner occupied dwelling. Council Member Palmeri asked if emergency services had been effected or impeded by some of the conditions that had been referenced. Chief Franz stated that locations that had clutter conditions were often where fires occur, and it did make it difficult to get in and address the situation making it riskier to the responders and victims. Council Member Palmeri questioned how much it cost to have the ambulance that became infested with bed bugs fumigated. Chief Franz stated the ambulance was out of commission for 6 hours and was heated excessively, as the bedbugs did not respond well to pesticides. Council Member Herman asked Chief Franz to clarify where they go and what they do in regards to inspection of a multi-unit rental residence. Chief Franz explained they inspect three family dwellings and up, and the limitations of the inspection were the common areas of the building and the area of the heating system, the exterior, the exits and any fire alert systems. 11 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Council Member Panske asked why the Advisory Board would not be established first, gain participation, and then open it up for further discussion. Mr. Davis explained that action would not be taken until the July 12 Council meeting at the earliest. Council Member Panske repeated why the Advisory Board was not created first, as both she and Council Member Herman had requested it back in March. Mr. Davis stated the Registry and Inspection plan came from conversations within the community, and the Advisory Board was then subsequently discussed. He stated the Advisory Board was not brought up as the first thing that should be done. The issue was more of a question of how to get the properties inspected so they were brought up to code, not how could an Advisory Board be created. He said had a conversation not took place about the Rental Inspection program, the Advisory Board would have not been discussed. Mr. Rohloff stated that the Advisory Board was a more recent phenomenon and is a policy decision for the Council. He stated the Council could choose to create the Advisory Board first. Council Member Panske questioned how, if it was stated in the Agenda packet that certain items such as financing were going to be addressed at a later time, would Council and Staff be able to make suggestions or recommendations to things that have yet to be discussed. Mr. Davis stated they would need to schedule time to go over the proposed loan programs. Council Member Panske questioned how they were to know which items were moving forward and which items would be discussed at a later time. Council Member Allison-Aasby stated part of the thought process was to not spend in-depth time on certain aspects of the program as it remains unsure if it would even pass, as that would be a waste of time and expense. Mayor Cummings stated it was his understanding that the financing options were not part of the ordinance. Mr. Rohloff indicated that was correct. Council Member Herman asked Mr. Davis to explain how the ordinance evolved, as there were questions regarding who was involved and how the ordinance was written. 12 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Mr. Davis stated they looked at what was existing, and then looked at what was happening in surrounding communities. He stated they found out what other areas were doing in response to similar issues, and noted the positive response the programs had, and worked to draft the ordinance. At the same time, the Legislature re-wrote the code, so adjustments had to be made to comply. Council Member Herman stated that some of the concerns the property owners had then need to be addressed with State Legislature as the City was following their State Statutes. He stated that people should not be driven away, that people would want to come to Oshkosh as it would have the safest, good rental units along with everything else the City had to offer. He stated he did not see this was a detriment. Council Member Allison-Aasby requested that by the end of the week, Staff let Council know what method of record keeping they intended to use, as it will be imperative that record keeping be accurate. Council Member Herman added that details to what the timeline of the project was, and how State Statutes played into that, would be beneficial to Council. Council Member Pech noted that a portion of the timeline appeared within the ordinance itself. Mr. Davis explained that a portion of it was but not all of it. He stated some details had not been decided yet. Mr. Rohloff stated that it was important to be efficient with the scheduling throughout the five year period, and target certain geographic areas at a time, to remain efficient, similar to our sidewalk program. Council Member Panske asked about the education and training piece, and how the City would be reaching out. Mr. Davis stated it remained in a draft status; they had discussed using Oshkosh Media Services, social media, flyers, handouts, and mailers. Mayor Cummings repeated that Oshkosh needed to follow State Statute just like other municipalities in Wisconsin. He stated that it may not be the most ideal program, but the Legislature was really what drove how the program was able to be written. 13 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Ordinance 16-311 Approve Creating Section 2-59.2 Rental Housing Advisory Board FIRST READING; LAID OVER UNDER THE RULES Don Lord, 743 W. 101h Avenue, stated he would like the Rental Housing Advisory Board formed prior to the Inspection Program. Council Member Palmeri requested an explanation of the makeup of the board as well as the amount of time members would serve, and how they came to that determination. Mr. Davis stated the 3 years members would serve was modeled after other appointments the City makes. He explained the composition was based on the types of individuals who had been in contact with City staff regarding the issues that prompted the ordinance. Mayor Cummings point out that to be on the Rental Housing Advisory Board, individuals must be a resident of the City of Oshkosh. Council Member Palmeri asked if the University had been in contact with Mr. Davis. Mr. Davis stated that the University specifically had not, but an individual from the Dean of Students' office had been in contact. He stated he did not know how a representative from the University or the Student Government would fit into the Board as they did not own rental property. Council Member Palmeri questioned how contractors and real estate agents would fit into the Board as opposed to being in attendance. Mr. Davis stated the real estate community also seems split on the issue, so he was not sure what side they would be representing. He stated it would depend on the individual. Council Member Palmeri asked if the appointments would be by application as with other boards and commissions. Mr. Davis stated yes. Council Member Herman asked if there would be a Council position within the board. Mr. Davis said there had not been one specifically created but Council may choose to do so. 14 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Mayor Cummings stated as a rule, generally at least one Council Member sits on each board and commission. Council Member Allison-Aasby suggested if there was a segment of the population that wanted representation, they be able to select one or two individuals to represent them, but there be a set of rules within the committee that they would be asked to abide by. Mr. Rohloff stated it was better to have the Board selection open ended, so there was flexibility in the event things change in the future. He stated with a broader base, there would be more different points of view represented. Council Member Pech pointed out that verbiage for membership says 'including but not limited to', stressing that meant the current list of representation was not exclusive. Council Member Palmeri stated that with only 7 members, that would encompass the entire provided list. Mr. Rohloff suggested engaging the community and seeing who was interested. Mayor Cummings asked if there would be the typical 2 alternates in addition to the 7 voting members. Mr. Davis stated he did not specifically call out alternates, but could amend the proposal to do so. Council Member Allison-Aasby suggested waiting to see if the ordinance passed before directing staff to spend time recruiting board membership. Council Member Pech requested the wording be re-drafted so it was as open as possible in regards to membership. Council Member Palmeri stated based on the conversation, it would be important to reserve spots for tenant and landlord. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. 15 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 CONSENT AGENDA Approval of Sills presented by the Finance Director Resolution 16-312 Award Sid to Packer City International Trucks Inc., for Vac Truck for Wastewater Utility ($259,732.00) Resolution 16-313 Award Sid to Brooks Tractor Inc. for Industrial 4WD Loader/Backhoe for Water Distribution Division ($82,086.00) Resolution 16-314 Award Bid to InterClean Equipment Inc. for Autowash System for Public Works Field Operations Facility ($238,868.43) Resolution 16-315 Approve Conditional Use Permit for an Exception to the Provisions of the Downtown Overlay District; 531 North Main Street (Plan Commission Recommends Approval) Resolution 16-316 Approval of Initial Resolution for Special Assessments Concrete Paving, Asphalt Paving, Sidewalk & Curb Repair, Sanitary Sewer Laterals,Water Main Relay&Installation—West 51h Avenue from South Eagle Street to Knapp Street Resolution 16-317 Approve & Submit 2015 Wisconsin Department of Natural Resources Compliance Maintenance Annual Report/Wastewater Treatment Plant Resolution 16-318 Approve Change Order No. 3 for Public Works Contract No 13-24 with August Winter&Sons,Inc. for the Wastewater Treatment Plant Control System, Influent Pumping & Aeration Blowers Upgrade (+$106,393.00) Resolution 16-319 Approve Amendment Engineering Services Agreement with Ch2m Hill Engineers, Inc. for Bid Award & Construction Management Services for WWTP Control System, Influent, Pumping & Aeration Blowers Upgrade / ($90,330.00) 16 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Resolution 16-320 Resolution to Issue $5,175,000 Aggregate Principal Amount of Storm Water Utility Revenue Bonds, Series 2016E, of the City Of Oshkosh, Winnebago County, Wisconsin, in Such Amount Providing Details, Prescribing the Form of Bond, Awarding the Bonds to the Best Bidder & Providing for the Payment of Said Bonds & Covenants with Respect Thereto Resolution 16-321 Resolution Providing for the Issuance & Sale of $6,835,000 Aggregate Principal Amount of Water System Revenue Bonds, Series 2016F, of the City of Oshkosh, Winnebago County, Wisconsin, Providing Details, Prescribing the Form of Bond, Awarding Said Revenue Bonds to the Best Bidder & Providing for the Payment of Said Revenue Bonds & Other Details & Covenants with Respect Thereto Resolution 16-322 Resolution authorizing the redemption of$6,360,000 Taxable Redevelopment Lease Revenue Bonds, Series 2006 of the Redevelopment Authority of the City of Oshkosh, Wisconsin Trena Larson, Director of Finance, stated the City did very well on the sale of the 2016 E and 2016 F bonds, and invited Mr. John Cameron to provide further details. John Cameron, Municipal Advisor from Ehlers, commented the sale results were excellent. He stated the winning bidder for both issues was Baird and the issue size of the bonds were reduced significantly. He stated with the favorable results, Ehlers was currently investigating means of restructuring existing debt and would report back with findings. Council Member Panske asked if the plan was to purchase the RDA property in September. Mr. Davis stated there was no plan to purchase at this time, and believed the RDA will hold the properties until the City sold them to an end user. Resolution 16-323 Approve Special Event—Winnebago County Fair Association to utilize Sunnyview Exposition Center for the Winnebago County Fair/August 3, 4, 5, 6 & 7, 2016 Resolution 16-324 Approve Special Event—Symco Shakedown Promotions LLC to utilize Experimental Air Association (EAA) grounds for The Shakedown event/August 11, 12 & 13, 2016 17 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Resolution 16-325 Approve Special Event—The Outlet Shoppes at Oshkosh to utilize The Outlet Shoppes Parking Lot for their 51h Annual Sack to School Concert /August 21, 2016 Resolution 16-326 Approve Special Event—Campus Ministry Lourdes Academy to utilize City streets for their Lourdes Academy Eucharistic Procession / September 1, 2016 Resolution 16-327 Approve Special Event — National MS Society OshkoshChapter to utilize Oshkosh West High school & City streets for their Walk MS Oshkosh event/ September 18, 2016 Resolution 16-328 Approve Special Event — Lourdes Academy Student Council to utilize City streets for their Lourdes Academy Homecoming Parade/ September 23, 2016 Council Member Palmeri stated she did not believe it would prohibit her from voting on the event. She wanted to be transparent and explained she did have a child at Lourdes High School. Resolution 16-329 Approve Special Event—Oakbrook Church to utilize Oakbrook Church and City streets for their Babies for Heaven 5K event/October 14 & 15, 2016 Council Member Palmeri asked for clarification of the event. Kath Snell, Special Events Coordinator, explained the City streets were going to be used for a walk on Saturday, and the streets would only be blocked off at that time. She stated the remainder of their event on Friday evening and the remainder of Saturday would be at the church. Resolution 16-330 Approve Special Event —Oshkosh North High School Student Council to utilize City streets for their Oshkosh North Homecoming Parade / October 14, 2016 Resolution 16-331 Approve Special Event — Oshkosh Zoological Society to utilize Menominee Park Zoo for their Monster Bash event/October 15, 2016 18 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Resolution 16-332 Approve Special Event—Run Away Events to utilize Menominee Park, Siewert Trail & City streets for their Run Away to the Say Event/April 22, 2017 Resolution 16-333 Approve Block Party Request — Debbie Albee to utilize Minnesota Street between 7th and 81h Avenue for their neighborhood block party/ July 4, 2016 Resolution 16-334 Approve Block Party Request—Ann Resop to utilize West Bent Avenue between Sheridan Street & Algoma Boulevard for their neighborhood block party/August 2, 2016 Resolution 16-335 Approve Block Party Request—McHenry Johnson to utilize Fairfax Street between Pheasant Creek Drive & Rebecca Run Street for their neighborhood block party/ September 10, 2016 Resolution 16-336 Approve Appointment for the Parking Utility Board & Redevelopment Authority Resolution 16-337 Disallowance of Claim by Mint Properties Resolution 16-338 Approve Combination "Class B" License & Special Class "B" Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 16-315 (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Resolution 16-315 Approve Conditional Use Permit for an Exception to the Provisions of the Downtown Overlay District; 531 North Main Street (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (6) Herman, Allison-Aasby, Panske, Stepanek, Palmeri, Mayor Cummings Council Member Pech stated he would abstain from voting on the resolution due to it involved his employer. 19 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 16-339 Approve Zone Change / Evergreen Retirement Community from R-1 Single Family Residence to R-1PD Single Family Residence with a Planned Development Overlay; 1000-1100 Blocks of North Westfield Street & 1100-1200 Blocks of North Eagle Street MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Ordinance 16-340 Amend Section 19-4(D) of the City of Oshkosh Municipal Code Related to Domesticated Animals in Parks (Advisory Parks Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Barbara Marin, 523 E. Irving Avenue, stated that dogs in the park had been an issue many years ago that she believed had been resolved. She stated she believed there would be an issue with animal waste. Raymond Maurer, Parks Director, stated that enforcement of the rules with police would be on a call basis, and that maintenance staff would have information to provide directly to those with dogs in the park explaining the ordinance. He explained dogs would be restricted to trails only and with limited areas it would reduce the number of parks they were allowed in as not all parks have trails. Council Member Pech stated he felt it was significant to focus on educating the public on the ordinance to increase pet responsibility. Mr. Maurer stated the Parks Board viewed the ordinance as a two year trial. He explained it was not written into the ordinance as such, but would be used as an education period. Council Member Panske asked if staff planned on targeting education in the neighborhoods around the parks. Mr. Maurer explained that yes, they intended to work directly with neighborhood groups. 20 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Council Member Allison-Aasby stated that she frequently saw dogs in the park already without the ordinance, so was willing to give the ordinance a try. Council Member Palmeri stated she did have concerns about individuals who wished to be in a pet free zone, and asked if there was a dog park in the area. Mr. Maurer stated there was a dog park within the County Park. Ordinance 16-341 Designate bike lanes on Irving Avenue from Wisconsin Street to Hazel Street FIRST READING; LAID OVER UNDER THE RULES Bernard Pitz, 617 W. Irving Avenue, asked how the bike lanes worked. He was concerned that there would be a hazard in the roadway with bicyclists being able to use the whole lane. He also suggested requiring licensing of bicycles. Council Member Pech asked for an explanation of the rules for bike lanes, skateboards, and the requirements of following traffic laws. Kurt Schoeni,Police Captain, stated that bicyclists were required to follow the rules of traffic and could be cited if they do not. He further explained that the Police Department was actively working on educating the public on the laws as the bike lanes were relatively new in the area. Mr. Pitz explained a situation he encountered where a bicyclist was riding in the middle of the bike lane going the wrong direction. He explained that the bicyclist was not following the law due to the signs that were posted were misleading. Captain Schoeni stated he was not certain if skateboarding was allowed within the designated bike lane and would need to follow up on that question. Council Member Panske stated that if there were no sidewalks skateboarders could be within a designated bike lane, but otherwise were not supposed to utilize that area. Captain Schoeni stated that the Police Department had been actively patrolling the areas on bikes and in squads to educate the public. 21 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 Council Member Panske stated that bikes were required to be registered within the City of Oshkosh and it was a matter of educating the public. Captain Schoeni stated they are actively trying to come up with new and creative ways to get people to register their bikes. Mr. Rohloff stated that staff would be willing to speak with Mr. Pitz to address further concerns. Ms. Lorenson corrected an earlier statement by explaining that skateboards are not allowed within the Right of Way as they were considered play vehicles by State Statutes. Council Member Panske stated that skateboards were not allowed on the street, but were allowed within a designated bike lane if there were no sidewalks. Ordinance 16-342 Designate W. 51h Avenue as a One Way Street for Westbound Traffic from 220 Feet West of Nebraska Street to Nebraska Street FIRST READING; LAID OVER UNDER THE RULES Resolution 16-343 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Panske; second, Stepanek) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Resolution 16-344 Approve Conditional Use Permit/Planned Development for the Use & Development Plan for Multiple Properties; 1000- 1100 Block of North Westfield Street & 1100-1200 Block of North Eagle Street (Evergreen Retirement Community) (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Bernard Pitz, 617 W. Irving Avenue, stated he did not object to the resolution but would like to make sure that the new building was built above the flood plain. 22 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 28, 2016 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS Mr. Rohloff stated East Central/ GO-EDC on Initiative 41 would have a scheduled presentation on the August 23, 2016 Council Meeting. Mr. Rohloff explained the presentation regarding the Diversity Coordinator was scheduled on July 12, 2016, and would be presented prior to the Council Meeting at 5:00 p.m. Mr. Rohloff reminded Council of upcoming Workshops including Strategic Planning Workshop on July 14, the Budget Workshop on July 20, and the Sustainability Board Workshop of ICLEI Milestones on July 26. Council Member Herman asked when a Workshop regarding the Municipal Court would be presented to the Council. Mr. Rohloff stated it would likely be in August. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Herman announced on behalf of the City Parks Department that there would be free concerts streaming live at the Leach Amphitheater on Tuesdays, beginning July 12, 2016. He mentioned the dates include July 12, July 19, July 26, August 2, August 9, and August 16, 2016. He explained the concerts begin at 6:00 p.m. and information can be found on the Park's Department website. CITY MANAGER ANNO UNCEMENT AND STATEMENTS Mr. Rohloff stated he had received an update regarding Main Street. He explained that New York Avenue would be open on an east/west basis beginning Friday, July 1, 2016. He also stated that Harrison Street would also be open. He stated North Main would remain closed. MOTION: ADJOURN (Panske; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:50 p.m. PAMELA R. UBRIG CITY CLERK 23 24 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 12, 2016 REGULAR MEETING held Tuesday, July 12, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Caroline Panske, Benjamin Stepanek, Tom Pech, Jr., Lori Palmeri, Steven Herman, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Council Member Allison-Aasby. PUBLIC HEARINGS Resolution 16-345 Approval of Final Resolution for Special Assessments Concrete Paving, Asphalt Paving, Sidewalk & Curb Repair, Sanitary Sewer Laterals, Water Main Relay & Installation — West 51h Avenue from South Eagle Street to Knapp Street MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings CITIZEN STATEMENTS TO COUNCIL Sharon Koerner, 709 Merritt Avenue, complimented the police officers who patrolled on bicycles who addressed her concern with loud fireworks near her home on July 4, 2016. She asked what the rules were regarding drones as someone operated one near her home. Council Member Pech stated he believed drones were covered by the Federal Aviation Administration. 1 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Jeffrey Decker, 1119 Otter Avenue, stated he was present to speak about the landlord inspection ordinance. Mayor Cummings stated he needed to wait until that ordinance came up on the agenda. Mr. Decker stated he also appreciated having seen police officers out on bicycles and foot patrol. Jane Robson, 815 Ceape Avenue, stated she was disappointed to learn that Frugal Fashion would be closed as she believed it brought both aesthetic value and a low priced shopping option to the City of Oshkosh. She expressed concern regarding the presence of another tavern in the City. CONSENT AGENDA Approval of Sills presented by the Finance Director Resolution 16-346 Approve Steven's Park Neighborhood Plan (Plan Commission Recommends Approval) Elizabeth Williams, Associate Planner, explained the plan would include a neighborhood history in addition to goals and objectives to ensure that over time the neighborhood would flourish. She explained that residents worked closely with Staff to develop the plan. Council Member Palmeri questioned if the transition of long term residents being replaced by new home owners was a concern for residents. Ms. Williams stated the residents wished to have the neighborhood continue long term and remain a family friendly neighborhood. Council Member Herman asked if there was a particular project the neighborhood association planned to focus on during the next year. Ms. Williams explained they wanted to strengthen the relationship with Washington Elementary School. She stated they had worked actively with the PTO to address concerns with safety and lighting at the school. She explained the neighborhood was also on the CIP for street projects within the next five years and the survey reflected that street conditions were one of the top concerns. 2 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Council Member Herman stated it was a great plan. Council Member Panske stated it was a well-developed plan and thanked the neighborhood and Ms. Williams for their time and involvement. Resolution 16-347 Approve Agreement with Watco Companies for Engineering Services for Transload Facility in Southwest Industrial Park Resolution 16-348 Approve Conditional Use Permit Planned Development for Water Tower; 400 Block of Marion Road (Plan Commission Recommends Approval) Resolution 16-349 Approve Conditional Use Permit & Planned Development Amendment for an Outdoor Ceremony Area Located at 3125 South Washburn Street (Plan Commission Recommends Approval) Resolution 16-350 Approve Professional Service Agreement with Tyler Technologies for Property Assessment Revaluation 2017 (127,500.00) Resolution 16-351 Approve Land Sale Corner of Fernau Court & Fernau Avenue; Northwest Industrial Park ($45,975.80) Resolution 16-352 Approve Revision to Economic Development Revolving Loan Fund Manual Resolution 16-353 Approve $125,000.00 in Capital Catalyst Matching Funds from Economic Development Revolving Loan Fund Council Member Pech stated it had often been said that Oshkosh was not business friendly. He stated the City invested 2.7 million dollars into a revolving loan fund to reinvest in the community. He stated with the significant investment and the public/private partnership with Go-EDC the Council had demonstrated its commitment to business development. Resolution 16-354 Approve Capital Catalyst Revolving Loan Fund Manual 3 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Resolution 16-355 Approve Combination "Class B" License, Special Class "B" Licenses, Operator Licenses & Taxicab Driver Licenses Council Member Pech requested 16-352 and 16-354 be pulled for separate consideration. MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 16-352 & 16-354 (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Resolution 16-352 Approve Revision to Economic Development Revolving Loan Fund Manual MOTION: ADOPT (Pech; second, Stepanek) MOTION: AMEND ECONOMIC DEVELOPMENT REVOLVING LOAN FUND PROGRAM MANUAL SUBJECT TO REVIEW & APPROVAL BY CITY ATTORNEY (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Council Member Pech stated he had pulled Resolution 16-352 and 16-354 as there was minor language that needed to be reviewed and addressed by the City Corporation Council. He stated the Long Range Finance Committee approved both resolutions unanimously but there were additional revisions needed. Council Member Panske asked what the timeframe would be for the revisions. Ms. Lorenson stated it would be a matter of days. She explained there had been a short time period for revisions prior to the resolutions being submitted for the agenda, and she expected to have them complete in the near future. Council Member Pech thanked Ms. Audra Hoy and Mr. Jason White from Go-EDC for their involvement and stated Oshkosh was business friendly and hoped to expand business relationships in the City. 4 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Resolution 16-354 Approve Capital Catalyst Revolving Loan Fund Manual MOTION: ADOPT (Pech; second, Allison-Aasby) MOTION: AMEND CAPITAL CATALYST REVOLVING LOAN FUND PROGRAM MANUAL SUBJECT TO REVIEW & APPROVAL OF CITY ATTORNEY (Pech; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 16-356 Amend Section 19-4(D) of the City of Oshkosh Municipal Code Related to Domesticated Animals in Parks (Advisory Parks Board Recommends Approval) MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Panske, Stepanek, Pech, Herman, Mayor Cummings Noes (1) Palmeri Barbara Marin, 523 E Irving Avenue, expressed concern after she experienced dog owners not abiding by the requirements of the ordinance in the park. She expressed concern about animals being present in a crowded situation such as the 41h of July. Kimberly Biedermann, 1624 Delaware Street, stated she lived near South Park and would like the opportunity to take her dog there. She explained in her experience in communities where dogs can be socialized they are better behaved. She stated the importance of citizen accountability and recommended if the public witnessed citizens not picking up after their dogs or using longer leashes to call the police. Sharon Koerner, 709 Merritt Avenue,expressed concern regarding dog owners who allowed their dogs to run loose. 5 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Matt Mikkelsen, 906 Winnebago Avenue, stated he supported responsible dog owners who utilized leashes to be allowed in the parks. Ray Maurer, Parks Director explained the community trend had been becoming more pet friendly during the last 5 to 10 years. He explained after receiving feedback from the citizens and other communities that allowed dogs in parks, the Parks Board ultimately decided they would like to try the allowance of domesticated animals on trails within City parks. He stated they would closely monitor feedback from the public, and if it became an issue,would bring it back to Council to change the ordinance. He stated in 2010 and 2011 when the Comprehensive Outdoor Plan was being developed dogs in parks was one of the top suggestions citizens brought forward. He stated historically the public had been divided on the issue. He explained the Parks Board would like to give it a chance and allow the parks to become pet friendly similar to the surrounding communities. He explained dogs would be restricted to trails which limits the amount of parks dogs were allowed in. He explained dogs would not be allowed near playgrounds, the beach, picnic areas, shelters, athletic fields, the zoo, golf course, or cemeteries. Council Member Panske asked if animals would be restricted from special events. Mr. Maurer stated yes and if animals were present at an event police could enforce the ordinance. Council Member Pech questioned the allowable leash length. Mr. Maurer stated the restricted leash length was six feet or less. He stated they had reached out to other communities with similar ordinances that had been in place for approximately five years and had received feedback that limiting dogs to trails had been successful. Council Member Palmeri questioned if the ordinance covered multiple types of domestic animals such as dogs, cats, rabbits, and pigs. Mr. Maurer stated that the ordinance covered any domestic animal. Council Member Palmeri asked if the animals were required to have City licenses. Mr. Maurer stated that animals required both licenses and rabies tags. Council Member Palmeri asked how the enforcement of pet waste removal would take place in a timely manner. 6 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Mr. Maurer stated they would rely on the citizens and enforcement would be complaint based. He said there would also be an educational piece present in the parks that would be provided to citizens. He explained park staff would not have the authority to issue citations but could educate. He stated they would be working closely with the neighborhood groups. Council Member Palmeri questioned if out of the groups that had supported the ordinance had anyone volunteered to self-patrol during the pilot period to take care of responsibilities that other pet owners neglected. Mr. Maurer stated there had not been any group to step forward. He explained they would work with the neighborhood groups in close proximity to the parks. Council Member Herman questioned if the six foot leash requirement was part of an existing ordinance. Mr. Maurer stated yes. Council Member Herman questioned if park staff would also report incidents if they witnessed excessive violations to the ordinance. Mr. Maurer explained that staff would report excessive violations to the Police Department. Council Member Herman questioned if a citizen reported a violation to park staff if park staff would then contact police on behalf of the citizen. Mr. Maurer stated yes. A citizen from the audience questioned who would be liable if a person was bit in the park. Ms. Lorenson stated per Wisconsin State Statutes the dog owner would be liable. Council Member Pech stated there were responsible pet owners who understand that with rights comes responsibility. Mayor Cummings stated in his experience most dog walkers were responsible and followed City ordinance. 7 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Ordinance 16-357 Designate bike lanes on Irving Avenue from Wisconsin Street to Hazel Street MOTION: ADOPT (Panske; second, Stepanek) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Benjamin Rennert, 1113 E. Irving Avenue, stated Irving Avenue was a popular route for bicyclists and he believed a bicycle lane would help keep bicyclists and motorists safe. James Michelson, 1515 Northpoint Street, explained the importance of bike lanes in Oshkosh. He stated a bicycle lane would provide multiple links between key points in the City including the University, Menominee Park, and the Wiowash Trail. He stated a bicycle lane would give bicyclists a sense of safety on the road. Council Member Stepanek stated he believed the bicycle lanes would provide safety to bicyclists and motorists. He explained the bicycle lanes would help connect the University to Menominee Park and would allow students to see a different aspect of Oshkosh. Council Member Herman stated he would advise bicyclists to get off their bikes and walk over the railroad tracks or damage could occur to the bicycle or the bicyclist. Council Member Allison-Aasby expressed concern due to high vehicle traffic in the area. She stated bicycle lanes would be a public safety measure as bicyclists would continue to travel the route. Council Member Pech explained it was important for bicyclists to wear helmets and remove ear-buds so they would remain aware of surroundings on City streets. Ordinance 16-358 Designate W. 51h Avenue as a One Way Street for Westbound Traffic from 220 Feet East of Nebraska Street to Nebraska Street MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Council Member Herman explained the street would be designated as a one-way to allow the business who purchased the building to install angle parking. He stated it would also help traffic near the Dockside area. He stated the street change demonstrated the Council's commitment to small businesses. 8 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Ordinance 16-359 Approve Zone Change/Downtown Oshkosh YMCA from C-3 Central Commercial District, R-2 PD Two Family Residence District with Planned Development Overlay, R-5 Multiple Dwelling District & R- 5PD Multiple Dwelling District with Planned Development Overlay to C-3PD Central Commercial District with Planned Development Overlay; 324 Washington Avenue MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings QfdiRaREe 46 360 Appfeve Zone Change f,,,,,,, n 2 Ge i n ffiE,,itt E)Etf.,+,,ffitei i Zoning �p Light a-/��yy.�n�l1} �^-a�p-y^--�l---r�-�-p-fit Zoning lo� T1-fight IZ'1"iE RTIiAleffitefial Zoning; South � fill of O O O I�,efne� ���ee1�&Cla4yille T?E)-c� WITHDRAWN BY PETITIONER Ordinance 16-361 Approve Creating Division 6 Residential Rental Contact Registration& Inspection Program of Chapter 16 Housing Code MOTION: ADOPT (Pech; second, Palmeri) MOTION: LAY OVER UNTIL AUGUST 10, 2016 COUNCIL MEETING (Pech; second, Palmeri) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings John Scheelk, 520 Ceape Avenue, stated he believed the cost of the program would not have significant impact on his monthly rent. He stated he supported the program. Kathleen Propp, 1936 Hazel Street, stated she had previously owned rental properties in the City of Boulder which were subject to a five year rental inspection program similar to the Oshkosh proposal. She stated the purpose of the proposal was to ensure properties were safe and the buildings in working order. She stated she believed responsible landlords would welcome the program as a way to improve neighborhoods. Ann Marshall stated she was the Co-President of the Winnebago Chapter of the League of Women Voters and was present to speak on behalf of the League. She stated the League believed every family should have a safe and affordable place to live and supported housing policies that would stabilize older neighborhoods. She read excerpts from Act 176 and 9 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 stated the City's proposal would mirror Wisconsin State Statutes and provide tenants a safe place to live. She explained that with time and other initiatives the older neighborhoods of Oshkosh would improve. She stated the League would like to see the ordinance pass. Bernard Pitz, 617 W. Irving Avenue, stated he and his family had been longtime property owners in Oshkosh and had not received any complaints. He stated he believed he should not have to pay a fee due to other landlords being irresponsible. He explained he felt the City was discriminating by selecting only certain types of rental properties to be inspected. He stated he believed the City should enforce existing codes instead of creating more. Mary Gabriel,233 W.91h Avenue, stated she believed the ordinance was unnecessary as there were existing laws in place to accomplish what the City would like to do. She stated at any time a tenant felt their apartment was not up to code they could call the City to request an inspection. Council Member Pech explained that at one time municipalities were able to "go after" bad landlords but the State Legislature changed the rules with Act 176. He stated the City could no longer seek out specific landlords as the legislature states the inspection program must be uniform and apply to all landlords. Mayor Cummings explained that State Legislature took away local control over rental inspections. He explained the goal was to make sure the citizens of Oshkosh have clean and safe rental housing; not to create inspections. Council Member Pech stated the dormitories, nursing homes, and state housing fell under a different inspection program. Council Member Herman requested an explanation of why it was suggested by staff for the ordinance to be laid-over until August. Allen Davis, Director of Community Development, stated that while his staff had been working on the proposal for many months there were still areas remaining that needed additional research and preparation. He stated he had received feedback from landlords and tenants and would like additional time to discuss that information. Council Member Herman questioned if landlords who inspected their own properties would be able to use their own certification in place of the City's certification. Mr. Davis stated more research was necessary to determine what types of inspections were performed and what the credentials were of the individuals performing the inspections. 10 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Council Member Herman asked for an explanation of a possible rebate program. Mr. Davis stated this would be difficult to implement with State Legislature stating the program needed to be uniform. Council Member Herman requested an explanation of tenant created violations. Mr. Davis stated it would be possible to cite tenants for violations involving things such as vehicles where it was evident the tenant was at fault. He stated it would be difficult to cite tenants for items involving the building as the landlord was responsible to comply with codes as the property owner. Council Member Herman questioned if there was a resource in Madison to answer questions related to writing the ordinance. Mr. Davis stated there was not a particular resource. He explained staff was receiving information from other municipalities that have rental inspection programs as well as the League of Municipalities. He stated there was no organization at the state level providing advice. Council Member Herman stated he believed the lack of a resource at the state level caused confusion and uncertainty. Mayor Cummings stated the Legislature took away local control which added complications and additional steps as the City Attorney and Council were now responsible for interpreting legislation and how it applied to the proposal. Mr. Davis explained the frustrations of having Act 176 passed as the rental inspection program was being written. He stated the feedback provided from the public demonstrated that work needed to be done at the state level to collaborate with local municipalities. Council Member Palmeri stated she had received many questions regarding an inspection checklist. She asked if there was a plan for an educational component of the program. Mr. Davis stated yes and that over the next month staff would be able to prepare a draft. Council Member Pech questioned if it would be a concern if a landlord updated a building component such as plumbing but did not pull a permit. 11 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Mr. Davis stated that permits were required for certain items related to plumbing and electrical work. He explained that the inspectors would be looking for code violations and not trying to determine what had been done with or without a permit. Council Member Panske questioned if staff was still looking for input from the landlord community, rental community, and Council. Mr. Davis stated that staff was still gathering input. Council Member Pech urged citizens to not just say'no'but to come forward with a solution. Council Member Allison-Aasby stated that for every phone call she had received from a landlord not being in favor of the proposal she had received a phone call from a tenant or citizen in favor of the proposal. She asked those watching to keep in mind that Council represented a broad group of the community and were unable to discriminate against specific landlords. She stated she spoke with several landlords who did not necessarily support the proposal but were making an effort to provide others with the correct information. She stated there was misinformation being communicated in the community and was appreciative of those making an effort to correct it. Mayor Cummings stated the goal was safe and clean housing for the citizens of Oshkosh. Ordinance 16-362 Approve Creating Section 2-59.2 Rental Housing Advisory Board MOTION: ADOPT (Pech; second, Panske) MOTION: LAY OVER UNTIL AUGUST 10, 2016 COUNCIL MEETING (Pech; second, Palmeri) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Bernard Pitz, 617 W. Irving Avenue, stated he believed it should be required for board members to be residents of Oshkosh. Council Member Pech questioned if it would be required for an appointed board member to be a resident of Oshkosh. Mr. Davis stated yes as this was the case with all Boards and Commissions. 12 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Council Member Pech questioned if an individual could be appointed to the board if they owned rental property within City limits but did not live within City limits. Mr. Davis stated they would not be able to be appointed. Ms. Lorenson confirmed the information was correct. Council Member Palmeri requested the verbiage be changed to reflect an equal spot for both tenant and landlord. Mr. Davis stated revisions would be made. Resolution 16-363 Approve Planned Development of a Community Fitness Center; 324 Washington Avenue/Downtown YMCA (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Resolution 16-364 Approve Phase III of 2015 Great Neighborhoods Capital Improvement Programs Funding in the Amount of$120,000.00 & Approve Phase I of 2016 Great Neighborhoods Capital Improvement Programs Funding in the amount of$104,050.00 MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Kathy Webb, 543 Otter Avenue, stated she was present to represent River East Neighborhood Association. She explained the neighborhood association had a design in mind for the Williams Water Plaza and was requesting $85,000. She stated the neighborhood association would like to partner with the City and community to raise needed funds to redevelop the space. She requested funding for two garbage cans to be placed on the Riverwalk in Riverside Park. Lisa Voss, 1025 Canterbury Drive, stated she was present to speak on behalf of the Oshkosh Public Library. She stated they were in support of the Williams Water Plaza Project and 13 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 believed it would enhance the neighborhood. She the project would be an ideal way for the Library to reach out to the community. She stated the Library would assist the neighborhood association in fundraising efforts. Jennifer Jenson, 2420 Parkside Drive, stated she was a representative of Ferry Crossing Neighborhood Association. She stated they were in favor of the project and believed it would improve the neighborhood. Julie Kiefer, 2810 Fox Tail Lane, Sawyer Creek Neighborhood Association, Rachel Palomaki, 1280 Fairfax Street, Sawyer Creek Neighborhood Association, Karen Behring, 2925 Quail Court, Brenda Garrison Bruden, Principal of Carl Traeger Elementary and member of Sawyer Creek Neighborhood Association. Ms. Kiefer stated the group was present to request Council to consider an inclusive playground at Carl Traeger Elementary School which serves as the neighborhood's park. She explained it would be a joint project between the neighborhood association, the Oshkosh Area School District, the Parent/Teacher Organization and the YMCA on 201h Avenue. She stated they had raised approximately $50,000 to provide the match for the grant request. She explained the plan would be ready to go pending approval from Council. Mayor Cummings thanked the participants of the neighborhood associations for making a positive impact on the community. Council Member Palmeri questioned who owned William Waters Plaza. Mr. Davis explained the City's Right of Way was the technical owner. Council Member Palmeri asked which surrounding property owners had collaborated on the project. Ms. Williams explained the Landmarks Commission, the Historic Preservation, the Downton Business Improvement District, the developer to the north, the Public Library, and the neighborhood association residents were involved in the project. Council Member Palmeri questioned if there was a maintenance agreement developed. Ms. Williams stated the maintenance of the facility would be the responsibility of the Parks Department. She stated she wished to thank the Oshkosh Area Community Foundation as a large part of the funding would be leveraged by the foundation. 14 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Council Member Pech stated he would support the project and appreciated the public's involvement. Council Member Herman questioned where the funding would come from. Mr. Davis stated the funding was from the City's Capital Improvement Program. Resolution 16-365 Approve Updated Tax Increment Financing (TIF) Policy& Application Guidelines MOTION: ADOPT (Pech; second, Herman) MOTION: LAY OVER UNTIL JULY 26, 2016 COUNCIL MEETING (Allison- Aasby; second, Panske) CARRIED: Ayes (5) Allison-Aasby, Panske, Stepanek, Palmeri, Mayor Cummings Noes (2) Pech, Herman Council Member Pech explained that the Long Range Finance Committee had approved the re-write of the policy. Council Member Allison-Aasby stated due to the significant change in the policy she would like to lay over the resolution until the Council meeting following the Strategic Planning session. Council Member Herman asked for an explanation of the policy changes. Mr. Davis explained the Beach Building TIF precipitated the discussion. He stated there were provisions in the current TIF policy to give the Beach Building a 'variance' as to what they submitted did not meet current guidelines. He explained the Beach Building project was one of many to come that would require the same type of variance which prompted staff to re-write the policy to better fit those redevelopment projects. He stated staff had worked with other municipalities and Ehlers to determine guidelines to re-write the policy. Council Member Herman questioned how the change offered protection to the City. Todd Taves, Senior Municipal Advisor Principal from Ehlers, explained the importance of conducting an analysis of the developers to determine how much public participation is necessary to make the project economically feasible and provide a fair rate of return to the developer. He explained it would be a project to project evaluation. He stated that policy 15 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 should be a guideline but also not constrain potential projects that would have value for the City. Council Member Allison-Aasby stated she was not comfortable with a significant change of policy without the opportunity for discussion. Mr. Rohloff stated if there were concerns with the policy to please let staff know. Council Member Palmeri stated she had concerns about the policy criteria and supported the layover to provide more time for discussion. Resolution 16-366 Approve Tax Increment District No. 29 Project Plan; Designate Tax Increment District No. 29 Boundaries; Create Tax Increment District No. 29 Morgan District Redevelopment (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Peter Lang, 2300 White Swan Drive, Grant Schwab 4006 Stonegate Drive, Nicholas Lang, 1950 Whiteswan Drive stated they were present to answer questions. Council Member Herman questioned what the anticipated start date would be if the TIF were approved. Mr. Peter Lang stated they were working through the final stages of development and would like to begin in the fall or early spring. Mr. Nicholas Lang explained they had spent significant time preparing for the project and were ready to begin. Council Member Herman stated he believed the citizens would be pleased with the project. Council Member Allison-Aasby stated she spoke with Mr. Schwab about the project and shared her concerns. She explained she believed there had been a lot of due diligence, investigation and investment in the mixed use project. Mr. Nicholas Lang stated the site was large and there was a possibility of condominiums that could be added to the plan. 16 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Council Member Pech stated the location of the project was significant due to improvements the City had made along the riverfront. Council Member Palmeri asked for an explanation of how many full-time jobs would result from the project and the environmental sustainability aspect. Mr. Schwab stated their grocery store partners were present and that phase would create the most jobs. Kristy Mauer, owner of Fresh City Market in Madison, explained she anticipated approximately 15 full-time employees and an additional 150 part-time employees. Council Member Palmeri asked for an explanation of the salary range for those employees. Ms. Mauer stated they were competitive in the market and ranged anywhere from $15.00 an hour and up. Council Member Palmeri asked for a specific example of a salary for a manager at the grocery store. Ms. Mauer stated the meat manager made $20.00 an hour in the Madison market. She explained depending on the market in the Oshkosh area she expected similar positions to fall within that range. Mayor Cummings stated he was impressed with the transformation of the river area. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER AND FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the presentation by East Central/Go-EDC on Initiative 41 during the August 23, 2016 Council meeting. Council Member Pech explained Council and the City had been informed of several issues at Sawdust Days. Mr. Rohloff stated the Police Department would provide Council a post incident report and the Special Event Coordinating Committee would work with staff to identify issues. Council Member Pech expressed concern that the City did not receive any recognition for the contribution of 50% of the funds for the fireworks. 17 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 Mayor Cummings reminded Council of the Strategic Planning Workshop,July 14,2016 from 8:00 a.m. - 4:30 p.m, the Budget Workshop, July 20, 2016 from 5:00 p.m. — 7:00 p.m., the Sustainability Board Workshop on ICLEI Milestones, July 26, 2016 at 5:00 p.m., and the Municipal Court Workshop, August 23, 2016 at 5:00 p.m. CITIZEN STATEMENTS TO COUNCIL Lee Williams, 331 Broad Street, stated he is frustrated by lack of parking on Saturday mornings at the library due to the Farmers Market. Council Member Herman stated the Parking Utility Board had approved the suspension of citations for vehicles exceeding the 30 minute parking limit. He stated they were ticketing vehicles parked in reserved stalls and tenant stalls but not the public portions of parking lots. Mr. Williams explained he had been unable to find an open stall within the library parking lot on Saturday mornings. Council Member Herman explained some of the vehicles could be tenants that live in the adjacent apartments but other vehicles that were present would not be ticketed during the farmers market for exceeding the length of parking time stated on the signs. Mr. Rohloff stated he would work with farmers market staff to make sure vendors did not park at the library. Council Member Panske stated she did note a large produce truck parked in front of the library which took up multiple spots. Mr. Rohloff stated he would address vendor parking. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Pech explained that July 12th was the beginning of the Live at the Leach series and encouraged the public to come out and support the event during the following weeks. 18 PROCEEDINGS OF THE COMMON COUNCIL—JULY 12, 2016 CITY MANAGER ANNO UNCEMENT AND STATEMENTS Mr. Rohloff reminded Council of the Council Meeting date change to August 101h and November 9th, 2016, due to elections. Council Member Panske explained the need for additional pollworkers and asked anyone interested to please apply. Mr. Rohloff stated he asked departments to prepare an exception report that identified areas that were below plan or in caution. He stated some examples included the Buckstaff Building, bus replacement, Menominee and Rainbow Park plans, general obligation debt, employee recognition and performance metrics. MOTION: THE COUNCIL MAY 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. (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADJOURN (Pech; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 8:19 p.m. PAMELA R. UBRIG CITY CLERK 19