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HomeMy WebLinkAbout03. Common Council Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN O CTOBER 11, 2016 REGULAR MEETING held Tuesday, October 11, 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 Hunter Gruse and Kate Gassere from Emmeline Cook Elementary School and Daniel Chopp from Oaklawn Elementary School. C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. C ONSENT A GENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from September 27, 2016 Receipt of Claim filed with City’s Insurance Company A) Notice of Claim was filed by the Winnebago Apartment Association Inc. and its members, in which they allege that the residential rental contact registration and inspection program ordinance in unconstitutional. 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 B) Notice of Claim by Herrling Clark Law Firm on behalf of their clients, Town of Vinland, for damage to Wooden Shoe Road from July-August 2016 allegedly caused by hauling excessive weight loads of excavation materials. Resolution 16-480 Approve Joint Powers Agreement / Winnebago County 911 Emergency System Resolution 16-481 Support Legislation to Reform Commercial Property Tax Assessment Resolution 16-482 Approve Granting Privilege in Street to Multimedia Communications & Engineering Inc. for Installation of a Fiber Optic Cable along East Side of Oregon Street (Plan Commission Recommends Approval) Resolution 16-483 Approve Conditional Use Permit/Planned Development for Construction of a University Intramural Recreation Field Complex; North Side of Pearl Avenue from Wisconsin Street to 350 Feet West of Osceola Street (Plan Commission Recommends Approval) Resolution 16-484 Approve Agreement with Oshkosh City Cab for Paratransit Ambulatory Services for GO Transit 2017-2019 ($810,217.00) Resolution 16-485 Disallowance of Claim by Marcy Hauer Resolution 16-486 Approve Appointment for Plan Commission Resolution 16-487 Approve Class “B” Fermented Malt License, Special Class “B” Licenses & Operator Licenses Council Member Allison-Aasby stated she wanted to make Council aware that her name appeared on the list of applicants as she had applied for a bartender’s license. MOTION: ADOPT CONSENT AGENDA (Panske; second, Palmeri) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Resolution 16-488 Approve Phase II of 2016 Great Neighborhoods Capital Improvement Programs Funding in the Amount of $46,697.00; Approve Professional Service Agreement with SEH, Inc. for Millers Bay Neighborhood Association Streetscape Design Plan ($46,697.00) MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Ruth McKinley, 1560 Menominee Drive, stated she was present to represent the Miller’s Bay Neighborhood Association. Chris Studeman, 1906 Menominee Drive, stated he was a member of the Miller Bay Neighborhood Association’s Board and was present to support the resolution and answer questions. Council Member Pech asked for an explanation of the plans and initiatives for the neighborhood association. Ms. McKinley explained planning had begun two years prior after a survey was completed by the neighborhood residents. She stated the plan addressed speeding concerns, landscaping, and the vista. She explained the neighborhood association selected a design company that included the services of an award winning landscape architect. She stated the proposed plan would not only improve the Miller’s Bay neighborhood and have a positive impact on the entire eastside of the City. Council Member Palmeri asked for an explanation of the concerns the streetscape company intended to address. Ms. McKinley stated underground utilities was an area the neighborhood association would like the streetscape company to address. She stated they would also like to address the three different kinds of street lighting that was in place on certain streets within the neighborhood. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Mr. Studeman explained the streetscape company would address traffic needs and determine how streets could be designed to slow down traffic naturally. He stated the company also intended to address how to provide pedestrians safer access to trails. Council Member Palmeri questioned why a private company was sought out to provide streetscaping design instead of the City planning department. Allen Davis, Director of Community Development, explained the plan was not for an individual project but for a comprehensive and cohesive project for the entire neighborhood that would include engineering, landscaping, and design. He stated it was determined that the planning department would not be best suited to provide those services. Council Member Palmeri questioned if the neighborhood was asked to participate in fundraising for the project. Mr. Davis indicated the project had received funds from the Oshkosh Area Community Foundation. He stated his expectation was for the neighborhood to fund the implementation of the plan. Resolution 16-489 Approve Residential Rental Inspections & Complaint Based Housing Inspection Fee Schedules, Inspection Checklist and 5-Year Cycle Map MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Noes (1) Panske MOTION: DIVIDE RESOLUTION: A) COMPLAINT BASED INSPECTION FEES B) RESIDENTIAL RENTAL INSPECTION FEES, MAP AND CHECKLIST (Panske; second, Stepanek) LOST: Ayes (2) Panske, Stepanek Noes (5) Allison-Aasby, Pech, Palmeri, Herman, Mayor Cummings Council Member Panske requested the complaint based inspection fee schedule be separated from the residential inspection fee schedule and the map. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Council Member Pech asked for an explanation of the requested separation of fees. Council Member Panske stated she wanted to show her support of the complaint based inspection fees but not the residential inspection fees. Council Member Pech asked for an explanation of the items included in the resolution. Mr. Davis explained the first piece of the resolution detailed residential rental inspection fees and complaint based housing inspection fees. He stated the second piece of the resolution was a checklist that would be distributed to tenants and landlords to make them aware of what inspectors would be looking for during inspections. He explained the final piece was the map that identified the five different areas of the City that would be inspected one year at a time in a five year cycle. Council Member Pech explained the checklist was comprised of health and safety items and was not designed to seek out zoning or code violation items. Mr. Davis stated the inspectors would only be looking for health and safety codes during the internal inspections. Mayor Cummings stated approximately 1,000 complaint based inspections take place annually without a fee, leaving the taxpayer responsible for funding the inspections. Mr. Davis stated this was correct. Mayor Cummings stated taxpayers in Oshkosh were spending approximately $50,000 annually for the complaint based inspections and citations. He explained the rental inspection program would allow for the taxpayer to discontinue paying for the inspections. Mr. Davis stated this was correct. Council Member Herman questioned what prompted the inspection staff to bring the idea of a program forward. 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Mr. Davis explained City inspection staff believed the landlords who had violations should be responsible for paying for the inspections and resulting violations and not the general tax payers or permit pullers in the City. Council Member Herman stated the complaint based inspection fees were higher than the rental inspection fees. Mr. Davis explained the complaint based inspections tend to require more work and conversations between both the tenant and the landlord. Council Member Herman questioned if a landlord was immediately contacted if City staff received a complaint. Mr. Davis stated City staff would conduct the inspection first to determine if there was a need for the landlord to be contacted. He explained if there was no violation there was no need to invest additional time contacting the landlord. Mayor Cummings stated it had been recommended by stakeholders that fees be higher for complaint based inspections. Mr. Davis stated that had been the consensus. 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Resolution 16-490 Accept & Direct Staff Implementation of Recommendations of Walker Parking Consultants Study of Downtown Parking MOTION: ADOPT (Pech; second, Allison-Aasby) MOTION: DIVIDE RESOLUTION INTO TWO SECTIONS: A) EVERYTHING EXCEPT PAID ON STREET PARKING B) PAID ON STREET PARKING (Herman; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADOPT 16-490-A (Pech; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: LAYOVER 16-490 B (Pech) LOST: NO SECOND MOTION: LAYOVER AND HAVE CITY MANAGER REPORT BACK TO COUNCIL (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Council Member Herman questioned if the cost to implement the program was included in the preliminary budget for 2017. Jim Collins, Director of Transportation, explained the cost of the operating expenses was included but it was anticipated that the capital costs would be shared with the BID. Council Member Herman stated his concern was that citizens would not want to pay to park downtown when they would be able to park at stores such as Target and Walmart at no cost. He stated he believed the problem with parking was a signage issue as citizens did not understand where lots were located. He explained he was concerned that there would be significant investment into pay stations only to have them removed at a later date due to the potential negative impact of paid parking downtown. 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Mr. Collins explained that citizens would be able to utilize off-street parking lots as an option for free parking for two hour increments. He stated the first thirty minutes of on- street parking would be free. Council Member Herman questioned if citizens would need to locate a kiosk to enter information. Mr. Collins stated yes, for on-street parking, but not for use of the off-street parking lots. He explained the BID supported paid parking as they believed it would better manage supply, help promote the perception that the downtown area was a sought out destination and the revenue generated would allow for the BID to discontinue contribution towards the cost of parking. Mr. Rohloff explained the BID had indicated they would be willing to fund approximately $20,000 per year in respect to the capital costs. He stated City staff would work to fit the costs into the CIP. He explained the costs were not presently included within the CIP as the CIP had been prepared in July. He indicated the plan was to have half of the funds come from the general obligation fund and the BID would fund the other half. Council Member Panske questioned who would fund the $400,000 for pay stations. Mr. Rohloff indicated that was the total the City would share with the BID. He explained the $200,000 portion the BID would be responsible for would be paid to the City over 10 years in $20,000 increments. Council Member Panske questioned who would fund the cost of employees. Mr. Rohloff indicated the City would be responsible for the employee cost. He stated the Walker study demonstrated such cost would be offset by revenues from the parking utility in addition to revenue generated by fines. Mr. Collins explained the Walker study indicated that the operating income, after expenses had been subtracted, amounted to approximately $50,000 per year. He stated as the revenue accumulated it would be used to pay for upgrades and to pay back the upfront capital cost. 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Council Member Allison-Aasby stated she was in support of Council Member Herman’s comments. She explained she was also in support of the signage and believed it would be helpful to those not familiar with the City. She stated she was not certain that paid parking was an appropriate fit for the downtown area. She explained she believed that if a citizen was not able to park in front of or on the same block as the store they wished to visit they lost interest and did not visit the store. She stated if pay stations were implemented a citizen would have to walk to the pay station and then return to their vehicle to place their receipt in the window prior to visiting the store. She explained she believed this may further dissuade people from shopping downtown. She stated she struggled with the upfront capital cost of $400,000 knowing that the parking utility would still remain underwater and paid parking had the potential to be removed in the future if it was not a success. She explained she supported the overall plan but not the expenditure. Mr. Collins explained that the paid parking would not be ‘pay and display’. He stated the system would use license plate readers. He explained an individual would go to the pay station or to the mobile app and enter their license plate number and pay for the session. Council Member Allison-Aasby stated she understood that was a viable option for the younger generation who would be familiar with that type of technology but other demographics may struggle. She explained she had witnessed similar struggles at the university where people could not figure out how the paid parking worked and ended up driving away. She stated she was skeptical how many Oshkosh citizens and visitors would want to use that option. Mr. Collins indicated that if the plan moved forward there would be an educational component. He stated Walker had shared what they had provided as an educational piece in other municipalities and other recommendations on how to host demonstrations and answer questions regarding the pay station and app. He explained he understood there would be a learning curve. Council Member Allison-Aasby questioned how often Walker recommended pay stations within their studies. Mr. Collins stated he was not aware of how often pay stations were recommended. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Council Member Palmeri asked for an explanation of what the BID planned to contribute towards the initial stages of the plan. Mr. Collins indicated that the BID had stated they would contribute $200,000 over ten years. Mr. Rohloff stated when City staff had met with the BID it was explained that the BID would need to make a good faith effort by committing to a significant capital contribution for the plan to happen. He explained that Walker had not recommended a pay station for Appleton which demonstrated that Walker did not have a ‘one size fits all’ approach to their recommendations. Mr. Collins stated the BID had a special board meeting regarding the Walker study and had voted 6-0 in favor of implementing the plan. He explained he believed the BID supported the Walker plan as it provided a potential for income to be generated to pay towards the parking utility whereas the current plan did not offer that potential. He stated he believed there was a consensus that the City should move forward with the marketing and signage piece of the plan. He explained there was an option to continue to operate the parking utility as it was currently being operated or adopt the paid parking plan and commit to it for a length of time in an effort to generate revenue towards the parking utility. Council Member Herman stated there were a number of special events that prevented citizens from parking downtown which would result in lost revenue. He questioned if the lost revenue cost would then be passed on to the user groups. He stated he believed the City should move forward with the other pieces of the plan for two years to see if there was an impact on the attitude towards parking downtown before trying to implement paid parking. He explained he believed if they implemented paid parking now it would cause problems in the future. Council Member Pech explained that Walker recommended instituting a fee structure to assist in the usage of the parking. He stated the City could put up signage but if other changes were implemented the same parking behaviors would continue. He explained the free on street parking model did not include Oshkosh Police Department labor and operating costs. He asked for an explanation of those costs. 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Mr. Collins explained that under the current free on street parking plan the Oshkosh Community Service Officers enforce parking as time allows. He stated there was nobody dedicated to enforce parking. He explained under the paid on street parking model it was recommended to employ two 30 hour per week enforcement officers. He stated the generated revenues would pay for the employment of those officers. Mr. Rohloff explained that the Community Service Officers would do parking enforcement if time allowed but would primarily concentrate on other support activities. He stated under the current plan there was not revenue but also no expenditure. He explained he understood it was a controversial issue. Council Member Pech questioned how to adopt the resolution without accepting the paid on street parking implementation expenditure. Ms. Lorenson stated the resolution could be amended to remove the section pertaining to paid on street parking. Mr. Rohloff explained Council would be able to remove both references to paid parking within the resolution and adopt the remainder. Council Member Allison-Aasby explained she would like City staff to be aware of whether or not the $400,000 would need to be included in the 2017 budget. She stated she did not want to pick the resolution apart and leave the expenditure piece in limbo as that made it difficult for City staff to budget. Mr. Collins explained it would be helpful for City staff to know which route Council would like to take. He stated if there was a change with the parking plan additional work would need to be done with the parking ordinances. He explained there were two models for the operating budget; one with paid parking and one without. He stated it would be beneficial to know which model would be utilized ahead of final budget decisions. Mayor Cummings questioned if Council would need to discuss the elimination of paid parking with the BID as the BID board had already agreed to it. 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Ms. Lorenson stated the BID’s decision was an advisory recommendation. She explained Council was to make the final decision. She stated the amended resolution could be sent back to the BID for review but it was not required for Council to do so. Council Member Allison-Aasby asked for direction as to whether or not the decision should be postponed until the following Council meeting to give the BID time for discussion and review of the proposed amendment to the resolution. Mr. Rohloff stated he did not recommend postponing the decision so City staff could begin moving forward with the other pieces of the plan including signage. He explained he thought it would be beneficial to meet with the BID regarding the paid parking portion. Ms. Lorenson explained Council could divide the resolution into parts ‘A’ and ‘B’; the paid parking issue would be laid over for discussion with the BID and Council would vote on the remainder of the plan. Mr. Rohloff explained the paid parking portion would be laid over until discussion with the BID and the parking utility. He recommended that Council not list a specific deadline as schedules would need to be coordinated. Council Member Herman questioned if there would need to be a workshop with the BID or if Council members and City staff would attend a BID board meeting. Council Member Pech asked for clarification if the motion would be to lay over the paid parking portion until after such a date that the Council would be able to meet with the BID and parking utility. Ms. Lorenson stated yes. Council Member Palmeri stated she believed it would be appropriate to hold a discussion with the BID and the parking utility. Mr. Rohloff recommended having a discussion with the BID and the parking utility regarding the paid parking portion. He stated the paid parking portion of the resolution could be brought back to Council after the discussion if that was the direction City staff received. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 Council Member Allison-Aasby stated she felt it would be a courtesy to have the discussion with the BID. She explained she believed the BID would understand Council’s hesitation with the paid parking portion due to the proposed $400,000 expenditure. Mr. Rohloff explained he would report back to Council with feedback from the BID. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mr. Rohloff stated the upcoming budget season would be a busy time. Mayor Cummings reminded Council of the following workshops: thth All Day Budget Workshops on October 17 and 18 from 8:00 am until 4:30 p.m. nd Budget Workshop on November 2 from 5:00 p.m. until 7:00 p.m. Council Member Allison-Aasby questioned what the ideal date was for the budget to be complete for City staff. nd Mr. Rohloff stated it was Tuesday, November 22. Council Member Allison-Aasby explained if Council had any recommendations to voice them early so there were no surprises that would delay the process. Council Member Pech questioned where copies of the budget were located. Mr. Rohloff stated Council was provided copies and additional copies could be found at the library and the City Clerk’s office as well as the City website. C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 11, 2016 C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Council Member Palmeri stated the Day by Day Warming Shelter had an open house th and would be opening for the season on Saturday, October 15. She explained the open house would be from 10 a.m. until 2 p.m. at the shelter on High Avenue. She encouraged the public to tour and help stock the shelter. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated with the addition of the new financial software he and City staff had decided to extend the auditing contract with Schenck for an additional year. He stated the agreement with Badger Laboratories was related to the pre-treatment program at the pre-treatment plant. He reminded Council of the Public Information Meeting for the th Jackson Street/Oregon Street Bridge scheduled for October 13 at the Oshkosh Senior Center from 5:00 p.m. until 6:30 p.m. Mr. Rabe stated he had a copy of the proposed ideas from the Department of Transportation. He explained the Department of Transportation was in the process of getting a website published that would include the information and alternatives that they were advising as a part of the study. He stated the DOT had hoped to publish the website within the week following the public information meeting. st Mr. Rohloff explained Trick or Treat hours were 5:00 p.m. until 7:00 p.m. on October 31. MOTION: ADJOURN (Allison-Aasby; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 7:03 p.m. PAMELA R. UBRIG CITY CLERK 14 15 P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN O CTOBER 25, 2016 REGULAR MEETING held Tuesday, October 25, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison-Aasby, 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 Panske read the Invocation. The Pledge of Allegiance was led by Addy Peck from Seton Elementary School and Noah Winchester from Cabrini Elementary School. P RESENTATION Members of the Rotary Clubs of Oshkosh presented a $20,000 donation from funds raised at Rib Fest to the Oshkosh Community Foundation to benefit the re-build of Little Oshkosh. Mayor Cummings stated he had attended Rib Fest and thought it was an excellent event. 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 L ICENSE H EARING Resolution 16-491 Approve Taxi-Cab Driver License / Lux MOTION: ADOPT (Pech; second, Palmeri) LOST: Noes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADOPT FINDING OF FACTS AND DETERMINATION OF COUNCIL (Pech; second, Panske) CARRIED: Ayes (7) Panske, Stepanek, Pech, Herman, Allison-Aasby, Mayor Cummings Mayor Cummings stated the applicant, Jodi Lux, was not present. Ms. Lorenson explained although Ms. Lux was not present Council should proceed with the hearing. She stated the City Clerk would file the application, petition, application denial and certificate of service. She explained the Police Chief would testify regarding the reasons he recommended denial. Ms. Ubrig stated an application for a taxi cab driver’s license was filed in the office of the City Clerk by Jodi Lux, a resident of the City of Oshkosh, on September 7, 2016. She explained on September 20, 2016 the City Clerk’s office was notified by Chief Dean Smith of the City of Oshkosh that Chief Smith would not recommend the approval of Ms. Lux. She stated a summons was issued to Ms. Lux notifying her that a petition to deny her application had been filed and a hearing would be held on Tuesday, October 25, 2016 at 6:00 p.m. She explained the summons and complaint were given to the Oshkosh Police Department for service on Ms. Lux. She stated a certificate of service was returned to the City Clerk’s office indicating that the summons and the complaint were received by Jill LeMay, Ms. Lux’s adult roommate, at 1:20 p.m. on October 23, 2016. Chief Dean Smith explained he had a responsibility per municipal code to investigate any license applications that came before the City. He stated during the Lux application investigation he performed a background as required by the municipal code. He explained he performed the background check in a similar manner as he did all background checks for taxi cab licenses. He stated he discovered information sufficient 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 to deny the application as the information was severe enough that the health, safety and wellbeing of the public would be placed at risk if Ms. Lux were granted the taxi cab license. Ms. Lorenson explained a copy of the petition had been provided to Council. Mayor Cummings declared the hearing closed as Ms. Lux was not present. Council Member Panske questioned if the 2008 DUI that was listed on Ms. Lux’s application needed to be to the petition as it was not listed in the information provided by Chief Smith. Ms. Lorenson explained that the Chief’s testimony was based on his review of the record and upon his review he believed there was sufficient basis to deny the application. She stated as Council had agreed with the denial based on the information provided by the Chief she did not believe it was necessary for additional information to be added. S PECIAL P RESENTATION Michael Slavney, Principal Planner, Vandewalle and Associates, explained it had been approximately three years since work had begun on the code rezoning project. He stated there had been a large amount of public participation. He explained the purpose of the zoning code rewrite was to protect property values in neighborhoods, support neighborhood stabilization efforts, promote redevelopment of aging properties especially in the downtown and riverfront areas, support mixed use development, address nonconforming situations, modernize land use regulations, increase predictability and simplify development procedures, and implement the recommendations of the 2005 Comprehensive Plan. He explained that whenever zoning codes were rewritten or map boundaries were changed there was the potential for nonconformities to arise. He stated the code addressed nonconforming lots, structures, and sites and included language to make them fully legal. He explained the steering committee that the City had established had met more than a dozen times and those meetings were open to the public. He stated the recommendations from the committee had been given to the Plan Commission whose meetings were also open to the public. He explained Vandewalle and Associates held a day long series of interviews with individuals in the community knowledgeable in development and planning and with focus groups made up of experts in similar fields such as lending, real estate and 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 economic development. He stated in August they had held an open house where members of the public could speak with planning staff about any questions or concerns they had. He explained within the code rewrite all lots and structures be fully conforming, there was more flexibility for additions and decks, more protection from intense uses through conditional use permits and buffers, new standards specific to land uses to increase predictability about site design requirements, and new rules for new signs. Jackie Mich, Assistant Planner, Vandewalle and Associates, presented a slide which explained the zoning code outline and districts. She stated the code increased the number of residential districts which included new small lot single family districts to match existing lot sizes and new higher density multifamily districts to promote redevelopment. She explained the City’s business districts were changed to a mixed use districts as residential uses create a market for commercial uses, contribute to community vitality and are based around character of the development. She stated the City’s industrial districts had few changes and reflected existing uses. She explained the code contained two new zoning districts; a rural holding district that included land that may be annexed to the City in the future and an institutional district intended for use of schools, hospitals, and churches. She presented a slide that explained the existing overlay districts within the City that remained in the code. She explained there were new and updated overlay districts that included a campus overlay, lakefront residential, riverfront overlay, planned development, and university transition overlay. She stated a key feature of the new zoning code was a new land use known as roommate living arrangement. She explained it was a residential land use in which a dwelling unit was occupied by 4 or 5 unrelated adult individuals. She stated this was part of the City’s stabilization efforts to control where student housing was and was not located. She explained this land use required an annual exterior inspection and limits on outdoor storage and required enough onsite parking for each occupant. She stated the goal was to allow this use to continue in the City but control where it was located. She explained it was permitted by right in the higher density residential and mixed use zoning districts and in the University Transition Overlay District regardless of the underlying zoning district. She stated it required a conditional use permit in single family and two family zoning districts and that the conditional use permit could be revoked if there were recurring nuisance issues or lack of compliance with the building and zoning codes. She explained another key feature of the new zoning code was a consolidated procedures table. She stated they had added exterior building design standards to the code for new development to reflect requirements that were previously applied on an ad hoc basis. She explained this would 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 apply to single and two family, multifamily, commercial, mixed, and industrial uses. She stated there were special design standards in the central mixed use district and the riverfront overlay district. She explained there was a design review process used for development in those areas. She stated there were new sign codes resulting from a Supreme Court judgement, Reed v Gilbert, which affected how cities could regulate the content of signs. She explained maximum sign height and sign area was reduced in some instances but remained generous as compared to neighboring communities. She stated new sign types were provided for new businesses. She explained that signs that do not meet the new sign code rules were considered nonconforming signs and could still be used in their current configuration and could be maintained and repaired. She stated a new point based system for landscaping was included to provide predictability and flexibility. She explained there were landscaping requirements for many areas on a site including a bufferyard between zoning districts. She stated landscaping requirements did not apply to single and two family uses. She explained the zoning map reflected more accurate zoning boundaries based on the detailed knowledge of City staff. She stated key map changes included rezoned areas to match use and lot size, refined zoning district boundaries to match existing commercial character especially in the downtown and commercial corridors, and applied the new overlay zoning districts. She stated the next steps in the process included the public hearing during the Council meeting on October 25, a vote by Common Council on November 8 to adopt the final Zoning Ordinance and Map with a delayed effective date of January 1, 2017. Mayor Cummings thanked all those involved for their hard work in the project. P UBLIC H EARING Ordinance 16-492 Repeal and Recreate Chapter 30 Zoning Ordinance and Zoning Map Effective January 1, 2017 (This Update Replaces the Existing Zoning Ordinance and Map Adopted in 1997) (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Shirley Mattox, 1313 Jackson Street, stated she had been made aware of the campus overlay district at the previous public meeting regarding the zoning rewrite. She stated the historic Jackson Drive neighborhood association was in the middle of the overlay district. She explained the association had circulated a petition. She stated Jackson Street 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 from Murdock Avenue to Church Avenue was a historic residential district with many homes of historical significance to the City. She explained Jackson Street was a gateway from the north and gave visitors a positive first impression of Oshkosh. She stated the petition requested removing historic Jackson Street from the UW Oshkosh transition overlay district. She explained six individuals circulated the petition and there were 76 signatures. She stated the neighborhood association would like to continue to promote home ownership within their neighborhood. She explained with online classes becoming popular the City may want to be conservative with how much space to reserve for student housing. She stated millennials who wanted to live in the central city may buy historic properties in the future. She presented the petition to Ms. Ubrig. The petition will remain on file in the City Clerk’s office. Mayor Cummings questioned how to address the change Ms. Mattox proposed. Ms. Lorenson explained the ordinance was not up for action therefore it would not be appropriate to discuss an amendment. Council Member Herman questioned if Council could make recommendations to staff regarding the ordinance prior to the next Council meeting. Mr. Rohloff stated that would be helpful. He explained if staff was made aware in advance of changes Council would like to see they could draft an amendment. Council Member Palmeri questioned if Council could ask questions of City staff during the meeting. Mr. Rohloff stated they could. Darryn Burich, Planning Services Manager, stated since City staff had published the proposed ordinance in the newspaper they had received feedback from citizens and planned to recommend changes to the ordinance in light of that feedback. He explained Council would be provided a memo detailing those recommendations. He stated City staff had been made aware of the concerns of the Jackson Street Neighborhood Association and had drafted eight different alternatives to change the boundaries of the transition overlay district. 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Council Member Palmeri questioned if the neighborhood association members had been contacted for their input on the ordinance. Mr. Burich stated City staff had sent information to the neighborhood associations and believed they had asked for input through GO-HNI but did not believe City staff had received any specific input. Council Member Palmeri questioned if there had been collaboration with the university’s master plan. Mr. Burich stated how the zoning map had been drafted did not impact the university’s master plan. He stated at the present time the university was in a residential zone and the proposed zoning ordinance would place them into a campus or institutional overlay zone which would be more appropriate. He stated because of their current residential zone the university was required to come to Council for decisions on items such as signs and antennas and the new proposed zoning would eliminate that requirement. Council Member Palmeri questioned if Mr. Burich was referring to the proposed changes in the administration procedures, Article 11, whereby large developments do not come to Council but get decided at Plan Commission. Mr. Burich stated no. He explained with the proposed code the university was mapped and would no longer be in a residential zone. He stated this would eliminate the need for many conditional use permits and allow the university to have flexibility. He explained what Council Member Palmeri was referring to was City staff proposed public hearings for items such as conditional use permits take place before the Plan Commission. He stated if there was a problem or an appeal with the conditional use permit then the issue would automatically go before Common Council. He explained a majority of the time conditional use permits are brought to Council as a consent agenda item. He stated the process would become more efficient but still have Common Council in place if an appeal was requested. Council Member Palmeri questioned if that process were to be adopted would the Plan Commission look at changing their meeting time to become more accessible. 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Burich stated the Plan Commission could consider changing the time however they had not had a problem with citizens attending the current meeting time. He explained they had experienced positive citizen turnout in the past. C ITIZEN S TATEMENTS TO C OUNCIL Shirley Mattox, 1313 Jackson Street, complimented the work that had been done on North Main Street. She explained she believed the neighborhood was an ideal model for the City. C ONSENT A GENDA Report of Bills by the Finance Director Receipt & Filing of Museum Board Minutes from October 6, 2016 Resolution 16-493 Consideration of an Initial Resolution Regarding Revenue Bond Financing for Paine Art Center and Gardens, Inc. Project. Information with Respect to the Job Impact of the Project will be Available at the Time of Consideration of the Initial Resolution Mayor Cummings asked for an explanation of the project. Aaron Sherer, Executive Director of Paine Arts Center and Gardens, explained they were working on the addition of a new parking lot and new formal garden on the back of the property. He stated when seeking financing it had been determined that tax exempt bonds were a desirable option for the Paine. Council Member Herman asked for an explanation of the timeline for the project. Mr. Sherer stated most of the projects would be complete within the following year. Resolution 16-494 Authorizing the Redemption of Certain Outstanding Bonds of the City of Oshkosh, Winnebago County, Wisconsin; and Related Matters (Series 2006-C Issued for the Purpose of Financing TID #20 Improvements) 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Council Member Herman asked for an explanation of how the TIF district would be impacted. Allen Davis, Director of Community Development, stated the City would save on interest costs. He explained the savings would benefit both the City and the TIF district due to cutting the interest costs from between 5 and 6 percent to zero interest costs for the principal remaining. Council Member Herman questioned if the area was part of the South Shore redevelopment. Mr. Davis stated it was and had been complete in the area of the Brian Burns apartment project. Council Member Herman questioned if the project was complete or if there were additional projects waiting to be complete in the district. Mr. Davis explained there were other projects within the TIF that needed to be completed especially the Riverwalk. Council Member Herman stated he supported such redemptions and had recommended in past budget hearings to continue to look at ways to reduce the City’s debt. Resolution 16-495 Approve Accepting Dedication of Street Right of Way at 2510 West th 9 Avenue Resolution 16-496 Approval Engineering Services Agreement with Speedy Clean Drain and Sewer for Sanitary and Storm Sewer Main and Lateral Televising ($179,010.00) Resolution 16-497 Award Bid to LaForce Inc. for Exterior Door Replacements for Wastewater Utility Wastewater Treatment Plant ($64,600.00) Resolution 16-498 Approve Special Event – DuTriRun Charities to utilize the Leach Amphitheater & City streets for the Oshkosh Marathon / April 29 & 30, 2017 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Resolution 16-499 Approve Special Event – DuTriRun Charities to utilize City streets for the Race the Lake / August 20, 2017 Resolution 16-500 Approve Special Event – Special Olympics Wisconsin – Fox Valley to utilize Menominee Park & City streets for the Polar Plunge and Freezin’ for a Reason 5K / February 17 & 18, 2017 Resolution 16-501 Disallowance of Claim by Cory Schultz & Gerald Schultz Resolution 16-502 Approve Appointment to the BID Board Resolution 16-503 Approve Agent Change for Combination “Class B” License, Special Class “B” Licenses, Operator Licenses & Secondhand Dealer License MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Stepanek) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-504 Modify Parking Regulations on Eagle Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-505 Approve Request to Annex to the City from the Town of Oshkosh / Olsen Annexation, 2508 Shorewood Drive (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 16-506 Approve Cooperative Agreement between the State of Wisconsin, Department of Transportation and the Oshkosh Metropolitan Planning Organization and GO Transit MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Rohloff explained the City was required to maintain a cooperative agreement with the Metropolitan Planning Organization to retain the eligibility for transit funds. Resolution 16-507 Approve Fees for Special Events Utilizing Park Facilities (Advisory Park Board Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Ellen Schmidt, 4303 Swallow Banks Lane, stated the City would receive $9,400 in fee revenue from special events utilizing park facilities. She explained Sawdust Days’ portion would be $6,840. She stated a significant part of the expense was due to Sawdust Days’ needing to rent the shelters for nine days. She questioned why citizens would be restricted from renting the shelters prior to opening and after closing of Sawdust Days. She asked for an explanation of proof that 100 boats without stickers would utilize the three ramps over the course of nine days. She stated there would be a minimal impact on the other events using park facilities. She explained Sawdust Days had invested over $34,000 in a two year period into infrastructure in the parks for electrical services. She stated they had also donated to the zoo. She explained there were nonprofit organizations, such as veteran’s organizations, that depended on Sawdust Days as their biggest fundraiser. She stated Sawdust Days existed to provide a free community festival and there were an increasing number of expenses being delegated to Sawdust Days. She explained if the City wanted to allow citizens to rent the shelters Sawdust Days could accommodate some of those requests and provide parking. She asked for an explanation of what led to the determination of Sawdust Days responsibility of the shelters and boat ramps. She stated Sawdust Days would continue despite financial burdens as the committee was dedicated to providing a free community festival. She asked for the Council’s help in continuing the event. Ray Maurer, Director of Parks, stated the boat launch fee was established in section 19 of the municipal code. He explained it offered larger fishing tournaments with over 200 boats the option to buy out the boat ramps at a cost of $500 per day to allow for the entire boat launch area, including the parking lot, to be utilized for the tournament. He stated this was a separate fee already in existence in the municipal code. He explained when the Parks Board looked at the Sawdust Days event they determined it should not be 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 treated any differently than a fishing tournament or other event that consumes the boat launch area during a peak season. He stated he did not think it was feasible to offer park shelters for rent to the community during the set up and takedown of Sawdust Days. He explained the incoming and outgoing equipment and vendors would take away from the enjoyment of those who would rent the shelter as well as the general public who may use the park. He stated the Parks Board needed to remain consistent for all events in the parks. Council Member Herman stated he was a member of the Parks Board and had participated in discussions regarding how events not only used park facilities but prevented the use of park facilities by members of the public. He explained the volleyball courts, the gazebo, and softball diamonds were examples of facilities that could not be used by the general public during an event such as Sawdust Days. He questioned if there were additional facilities that could not be used during a big event such as Sawdust Days or RibFest. Mr. Maurer indicated that access roads were often blocked off during large events making it difficult to get to facilities within the park. Council Member Herman asked for clarification if the ordinance would be in effect from April 1 through October 31 and not year round. Mr. Maurer stated the Parks Board had decided April 1 through October 31 was the shelter rental season. He explained outside of that season the shelters are not available for rent. Council Member Palmeri questioned if the Oshkosh Area School District and Recreation Department were exempt from the fees. Mr. Maurer stated he was not aware of any special events that were offered through the school district or the recreation department. He explained he was not aware of any groups that would be exempt at this time. Council Member Panske questioned if there had been an opportunity for families to rent out the shelters during Sawdust Days. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Maurer stated City staff had received calls with inquiries regarding renting the shelters during the special event, however, upon being told the special event was going to be occurring, no longer wished to rent the shelter. Council Member Panske questioned if Sawdust Days had received inquiries regarding renting the shelters during Sawdust Days. She explained she could see a benefit in having shelter rental available to the public during the event. Ms. Schmidt indicated Sawdust Days had offered to rent the larger shelters. She explained there were two smaller shelters that could not be rented during the event. She stated she had offered to rent the shelters and provide special parking for those rentals but had been told by the City Manager and Parks Director that it was not feasible to do so. Council Member Panske asked if that statement was true. Mr. Maurer stated if that statement had been made it was due to the experience of having citizens call wanting to rent the shelters and changing their mind after learning an event was occurring. He explained that the Parks Board needed to stay consistent and if a special event took over an area that contained the park shelters those responsible for the event would also be responsible for paying for the shelters as they would not be easily accessible to the general public. Council Member Panske stated Ms. Schmidt indicated she would allow individuals to rent the shelters. Mr. Rohloff stated it would not be in good conscience of the City to indicate to a citizen that they would have use of the shelter as they would for any other event. He explained the special event consuming the area surrounding the shelter would take away from the shelter being able to be used for any other purpose. Mr. Maurer stated it would be difficult to reserve parking during Sawdust Days for a family renting a shelter who would need 30 to 40 parking spots. He explained to have a family event and be able to accommodate parking would be difficult. Council Member Palmeri questioned if Sawdust Days would be able to ‘sublet’ the shelters to recoup a portion of the fees incurred from renting the shelters. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Maurer stated yes and that would be up to Sawdust Days to decide if it was a route they wanted to pursue. He explained other events, including Waterfest, utilized VIP areas. Mayor Cummings thanked Council Member Herman for his efforts on the Parks Board. Council Member Herman explained there had been many discussions regarding issues surrounding the Parks Board decision but ultimately the Park Board needed to remain fair and consistent with all events. Mayor Cummings stated due to a tight budget the City could not overlook consistency with fees. Council Member Herman stated the County had adopted a similar ordinance for County Parks. Mayor Cummings stated there had been costs incurred after Sawdust Days that had not been anticipated and explained the City needed to exercise caution with funds. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mayor Cummings reminded Council of the Budget Hearing on Wednesday, November th 9 during the Council meeting. Mr. Rohloff explained it would be the Public Hearing portion of the budget process. He reminded Council that the Council meeting would take place on Wednesday, November thth 9 due to the General Election held on Tuesday, November 8. Council Member Pech thanked Oshkosh Media Services for their efforts. He stated even though he was traveling he was able to watch a large amount of the budget workshops through Oshkosh Media. nd Mayor Cummings reminded Council of the Budget Workshop on November 2 from 5:00 p.m. until 7:00 p.m. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Rohloff stated the first portion of the meeting would cover the Capital Improvements Plan for Public Works and the second portion would be for City staff to receive input from Council on any questions or concerns. He explained City staff would like as much nd input as possible from Council during the meeting on November 2. He stated City staff would summarize the recommendations and provide the document in the Council th packets prior to the Wednesday, November 9 Council meeting. He explained Council would have an additional opportunity to provide recommendations during that time. He stated the earlier Council provided input the easier the Council meeting would be on nd November 22. Council Member Allison-Aasby questioned when Council would like to have the closed session meeting to discuss Mr. Rohloff’s annual review. nd Council Member Herman recommended November 2. nd Council Member Allison-Aasby stated there would be a closed session November 2 following the budget workshop. She explained Mr. Rohloff’s annual review would take place on December 13, 2016. Council Member Herman stated that while he liked the two day budget workshop format he believed there were some departments that did not receive a fair amount of time. He recommended adjusting the time frame in the future to give each department an appropriate amount of time to come before Council. Council Member Allison-Aasby agreed and stated Council could work with the departments who had smaller budgets on a separate date or could work with department heads who still had concerns at a later date. Mr. Rohloff stated he would work with City staff to improve the process. He explained CIPs with Public Works may need to get scheduled for a different date in the future as they are time consuming. He stated he had followed up with department heads and some had felt rushed but nobody had felt denied adequate time. Council Member Palmeri recommended a time slot at the end of the budget workshops where department heads who still had concerns or believed they had not had enough time could come back before Council. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Council Member Panske explained Cabulance would be providing free rides to the polls on Election Day from 7 a.m. until 2:30 p.m. She stated it was geared towards those who st have mobility issues and citizens would need to call before November 1 to schedule a ride. She explained the ride was free but Cabulance would accept donations in the form of canned food for the food pantry. She stated if a citizen wanted to support the effort they could donate to a box at Piggly Wiggly. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS st Mr. Rohloff reminded Council of Trick or Treat hours on October 31 from 5:00 p.m. until th 7:00 p.m. He reminded citizens due to Election Day on November 8, the Council th meeting would take place Wednesday, November 9. He explained in person absentee th voting was available at the Oshkosh Convention Center weekdays through November 4 th from 8:00 a.m. until 4:30 p.m. and open until 5:00 p.m. on November 4. He stated he had received feedback from the public that voting had been easy and convenient. He explained it had been well organized and thanked the City Clerk and her staff for the hard work. He stated within Council’s packets was a report on Sawdust Days from the Special Events Coordinator Kathy Snell with contributions from additional City staff who were directly involved with the event. He explained the report identified problem areas including animals that had not been identified in the application. He stated a white tiger and a primate exhibit were present and had to be removed from the grounds as accommodations had not been made for them. He explained there had been an ongoing issue with illegal spills; specifically vendors pouring grease down storm drains. He stated despite education efforts it continued to happen and was a significant problem as the City could be held liable as the event was issued a permit and held on City grounds. He explained Timothy Franz, Fire Chief, had indicated good cooperation and compliance in regards to fire inspections. He stated according to the application the encampment area was reserved for vendor and exhibit staff but had been rented by Sawdust Days to private individuals. He explained Mr. Maurer had contact with an individual who explained he had camped at the park for several years. He stated this was not disclosed 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 on the application. He explained there had been post event cleanup that lasted nearly two weeks after the event. He stated it had taken up significant park staff time during peak mowing season. He explained there had been public safety concerns identified by Chief Smith and Chief Franz. He stated the incident that occurred after the fireworks show took police officers away from most other areas of the City. He explained they had to call in assistance from the University Police and the Sherriff’s Department as well as members of the Fire Department who would not typically respond to such an incident. He explained the concern was not focused on the cost of such a service but the availability of officers able to respond. He stated both he and Chief Smith had a significant concern about the ability to have sufficient staffing at the event to keep both the public and personnel safe. He explained the City had a well-staffed police department but the event put too great of a strain on their resources. He stated he had concerns that the event could have a significant impact on community wide public safety. Council Member Allison-Aasby questioned how many individuals were involved in the incident. Chief Smith explained there had been approximately 50 calls for service within the park and an additional 33 calls for service within the neighborhood surrounding the park during the event. He stated on Saturday night there were approximately 50 individuals on Irving Street removing their shirts about to engage in a fight but police officers were able to subdue the situation. He explained on Sunday there was a group of approximately 40 individuals that had to be closely monitored during the event. He th stated on Monday the same group returned. He explained on July 4 after the fireworks several individuals, many of them juveniles, began fighting in the carnival area. He stated officers tried to take the individuals into custody but were met with additional individuals shouting at the officers and creating a disturbance. He explained the officers felt uncomfortable taking the individuals into custody while additional officers had to hold individuals back. He stated six people from the fight were charged. He explained it had been a difficult situation and all officers had been brought in from the streets leaving the streets uncovered. Council Member Pech questioned if any officers had been injured. Chief Smith stated there had been minor injuries such as scraped knees and elbows. Council Member Herman questioned if the tactical unit had been on site for the event 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Chief Smith stated they had not and would reevaluate the situation for future events. Council Member Herman questioned how many officers had been assigned to the event. Chief Smith stated it depended on the hour of the day. Council Member Herman questioned during the evening when potential issues could occur. Chief Smith stated approximately 5 or 6 were assigned. Council Member Herman questioned if 15 or 20 officers were then on scene when the incident took place. Chief Smith stated yes. Council Member Pech stated those officers had been taken away from other areas of the community. Chief Smith stated that was correct. Council Member Palmeri stated it was her understanding there had also been University Police and the Sheriff’s Department present during the incident while there had been a traffic incident. Chief Smith stated during the incident there had been a hit and run accident within the City and the Fire Department had to respond initially until the Oshkosh Police Department could request University Police to respond to the accident. He stated the Fire Department also assisted during the incident in the carnival to help keep the situation under control. Council Member Herman questioned how many individuals from the Fire Department and how many ambulances were staffed during Sawdust Days. th Chief Franz stated on the 4 of July from 4:00 p.m. until midnight they had scheduled one unit to be present but during the peak time of the incident that had not been enough. He explained prior to the incident they had been responding to approximately one or two 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 th calls a day at the event. He stated on the 4 during the incident there were three calls within the park and eight calls within the vicinity from Irving Avenue to Merritt Street and Bowen Street within an hour. He explained that was pushing the department’s resources to the absolute limit. He stated a normal peak time usually did not exceed three calls an hour and stressed during the hour of the incident they responded to eight calls. Council Member Herman questioned if the calls were attributed to Sawdust Days specifically or it was the concentration of people due both the event and the fireworks. Chief Franz indicated it was due to the concentration of people. He stated in addition to the car versus pedestrian accident an individual had fallen in the street for unknown reasons. He explained it was protocol to have an officer assist in such a situation but police officers were unable to respond. He stated there were several incidents in which it would have been safer to operate in tandem with the police department but police officers were not available. Council Member Pech questioned how RibFest incident reports compared to Sawdust Days. Chief Franz stated in regards to the Fire Department there had been no significant issues or increases in demand. Chief Smith stated the Police Department experienced one incident with an intoxicated individual. He explained they had two officers assigned to the event which was adequate. Council Member Pech stated within the report there were items identified as issues in previous years that remained issues at the most recent event. He questioned why these items had not been addressed specifically the dumping of grease. Kathryn Snell, Special Events Coordinator, stated she and Mr. Maurer had met with Ms. Schmidt and a Sawdust Days committee member to discuss issues such as the dumping of grease. She explained Sawdust Days staff had made efforts to put additional signage in two languages in the park to notify their vendors but the dumping of grease still occurred. Council Member Pech asked for an explanation of Sawdust Days continuing to neglect to gain proper approval for activities leading to unapproved animal exhibits. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Ms. Snell stated she had met with Ms. Schmidt and committee members prior to the event coming to Council for approval. She explained they had discussed animals being present in the park and the petting zoo continuing operation but were not made aware of white tigers or monkeys at that time. She stated she had been made aware of the primates within days of the event and was able to have a discussion with the vendor ahead of time to prevent them bringing the primates. She explained she had been made aware of the white tiger on set up day and informed Ms. Schmidt the tiger was not able to be part of the event as it had not been included in the application. Council Member Pech noted that Sawdust Days was made aware of cooking oil and thth drums that needed to be removed on July 14 and they were not removed until July 19. Council Member Palmeri asked for an explanation of the additional cleanup costs were. Mr. Maurer stated the total cost for the event was $23,624. He explained there was an additional $334 required for sweepers, $601 for vacuum trucks and $360 for Public Works labor. He stated the additional total was over $1,200. Council Member Palmeri stated that total did not include the spillover of cleanup costs in the neighborhoods but only the park itself. Mr. Maurer stated that was correct. Ms. Schmidt stated from the audience that Sawdust Days paid the bill. Mayor Cummings indicated Ms. Schmidt was out of order. Council Member Pech stated he understood that the bill had been paid but there were items included in the report that Council had been assured would be taken care of and had been pointed out to Sawdust Days staff in previous years that still continued to happen. He explained that was the issue he had and believed additional Council Members had. He stated he also had concerns with putting the entire community at risk due to the incidents the Chief of Police had noted. rd Mr. Rohloff stated Council had been provided the 3 quarter update for the City’s 2016 Strategic Plan. He explained there were multiple areas showing goals that had been accomplished and additional areas showing goals where the City was making appropriate progress. He stated there were a few areas that had not moved forward. He 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 stated some of those items were a conscious effort not to move forward yet and others were an ongoing effort such as the Menominee Park master plan. He stated areas where they had not made appropriate progress such as the Nicolet retention pond were due to budget constraints where bids came in higher than expected leading to the projects becoming delayed. He explained he was pleased overall with the progress the City had made. He stated any ongoing items would carry over into the newly adopted 2017 Strategic Plan. He explained he and Council attended the League of Municipalities Conferences and had received information from various presentations. He stated he and Council Member Palmeri attended a session on priority based budgeting and learned what the League was recommending in regards to the capital improvements process was exactly what the City was presently doing. He explained he had attended a session on pay issues and learned a number of communities were having the same struggle of training supervisors to implement the performance based pay system as well as wage compression which was a lengthy discussion. Council Member Herman stated he attended the priority based budgeting session and questioned if it would be appropriate to purchase the software. He explained he understood it was expensive but could play a significant role in the budget process. He stated it was interesting to listen to the two candidates and their difference in opinion. Mayor Cummings stated it had been his fifth year in attendance and found networking to be the biggest benefit. He explained he noted that nearly every community within the state regardless of size struggled with the same issues. He stated it had been the consensus of many individuals he spoke with that the legislature in Madison continued to take away power from local government especially surrounding budgets. He explained it was a benefit to network with communities who had implemented ordinances that the City had been thinking about and use those ordinances as a point of references which saved the taxpayers money. He encouraged Council Members to attend the following year as it was time well invested in the future of Oshkosh. Council Member Palmeri stated as a new member of Council she found many of the sessions beneficial. She explained she especially found the priority based budgeting valuable. She stated she found value in meeting other elected officials and learning that their communities are also facing similar issues to Oshkosh. Mr. Rohloff stated City staff had previously reported that Packers Pub had an interested buyer. He explained that the sale fell through which had taken the current owners by 21 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 surprise. He recommended Council give the owners time to move forward from the setback and touch base with them at the end of the year. Council Member Pech explained he and other Council members would be available after the meeting to answer questions from the university class present in the audience. MOTION: ADJOURN (Herman; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:52 p.m. PAMELA R. UBRIG CITY CLERK 22 P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 9, 2016 REGULAR MEETING held Wednesday, November 09, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison-Aasby, Caroline Panske, 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 Stepanek read the Invocation. The Pledge of Allegiance was led by Anna Giannopoulos and Kyla Huff from Valley Christian School. I NTRODUCTION OF P UBLIC W ORKS S TAFF Mr. Rabe stated it was customary to introduce new supervisors to Council. He explained many of the new supervisors were existing City staff who had achieved promotions. He introduced Bob Johnson, Water Distribution Manager, who accepted the position on September 1, 2016. He explained Mr. Johnson will report directly to Steve Brand, Utilities Manager. He stated Mr. Johnson had been the Assistant Water Distribution Manager for three years and had previously held several positions within the department since joining Water Distribution in 1981. He introduced Pete Gulbronson, Environmental Compliance Manager, who accepted the position on August 3, 2016. He explained Mr. Gulbronson would work closely with the water filtration plant manager and the wastewater treatment plant manager on various environmental issues. He stated Mr. Gulbronson would report directly to Steve Brand and had joined the Engineering division of Public Works as a civil engineering supervisor in March of 2007. He introduced Justin Gierach, Civil Engineering Supervisor, who filled the position vacated by Mr. Gulbronson. He explained Mr. Gierach would report directly to Steve Gohde and had joined the Engineering division as an Engineering Aide in September of 2009 and had filled various Engineering positions since that time. He explained Laura Jungwirth had accepted the 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Principal Engineer position in the Stormwater division that had been vacated by Mr. Gierach. He indicated Ms. Jungwirth would report directly to John Ferris, Civil Engineering Supervisor. He stated Shane Lehr, Wastewater Treatment Supervisor, had accepted the position on September 1, 2016. He explained Mr. Lehr would report directly to the Wastewater Treatment Manager. He joined the wastewater treatment plant staff as an industrial electrician in March of 2016. Council Member Allison-Aasby stated it was enjoyable to meet staff in addition to department heads and congratulated the group on their achievements. P UBLIC H EARING 2017 C ITY BUDGET Bob Cornell, 548 W. Smith Avenue, stated he was concerned with the Parks Department Budget specifically Senior Services. He explained he was the Vice Chair of the Senior Center Advisory Board and was concerned about the diminishing support for senior services. He stated he understood that there were services such as fire and police protection, upkeep of roads and development that took priority over the Senior Center. He explained the Senior Center was experiencing significant cuts in the 2017 budget due to non-renewal contracts for rent. He stated he was not present to request the Senior Center’s budget be dramatically increased but wanted to remind Council not to forget about the significance of senior services. nd Jim Meyer, 150 W. 22 Avenue, stated he was a volunteer with the Senior Center. He provided Council with a brochure on a lifestyle wellness program he helped facilitate and design to help individuals lose weight and manage medication and promote wellness. He stated he had personally participated in the program and lost 5 inches around his waist and over 20 pounds. He explained each session brought in an expert in the topic. He stated participants were required to commit to the program for 8 months and paid a fee to cover the room rental cost, program materials, and the fitness coordinator to be present and did not pose a cost to the Senior Center. He explained the wellness program and the tour group in addition to other programs were dependent on the Senior Center to continue. He stated the Senior Center was losing significant funding in 2017 due to the discontinuation of two renters and fundraising activities not doing as well as anticipated. He explained they were actively developing programs to raise capital but it would take time. He stated most participants at the Senior Center were on a fixed 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 income and depended on the Senior Center for physical wellness, socialization, mental health and self-esteem. He explained he was concern after witnessing the discontinuation of the Thompson Center in Appleton that the 4,000 seniors who utilize the Senior Center would no longer have a place to go. He asked for Council’s help until they could begin programs to raise capital. Gary Gray, 815 W. Linwood Avenue, stated budgeting was a difficult and complex task and sometimes it could be difficult to see obvious answers to issues. He explained the proposed 2017 tax rate was approximately doubled the 2016 tax rate. He stated the tax rate in Oshkosh was substantially higher when compared to other Wisconsin cities. He explained he believed a number of people were grateful for the state’s limit regarding expenditure restraint because if it were not in place he believed the 6 percent increase would be greater. He stated he did not see any areas where the Council could make substantial changes to the budget. He explained he believed it to be unfortunate that the budget process did not allow for citizens to participate. He stated within the population there may be individuals who had ideas on improving the budget. He explained to some the 6 percent increase may not be significant but to median income individuals it could have a major impact. Paul Schmidt, 1025 Bayshore Drive, stated he was present to address the installation of new sidewalks on the south side of Bayshore Drive. He explained he had questioned City staff why the sidewalks were being proposed and had been told if new streets were installed without sidewalks the cost of the addition of the sidewalks was automatically included in the budget and it would then be up to Council whether or not to approve them. He stated there were a number of properties on Bayshore Drive with landscaping that would be affected by the installation of sidewalks. He explained there were properties that would lose the enjoyment of greenspace. He stated he did not understand the purpose of the sidewalk especially considering the cost involved. He explained he believed it was a dangerous street for speed. He stated he had been involved in an accident resulting from a car speeding down the road. Council Member Allison-Aasby thanked Mr. Schmidt for speaking and informed him because they were holding a public hearing on the budget they were limited to discuss how the sidewalk installation would impact the proposed CIP budget. Mr. Schmidt indicated he was present to ask Council to consider removing the sidewalk installation from the budget. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mayor Cummings stated he lived on Bayshore Drive and those who tended to speed were the residents of Bayshore Drive. D IRECTION TO S TAFF ON AMENDMENTS TO PROPOSED BUDGET Council Member Herman asked for an explanation of lines 17, 18, 19 and 20 on the second page of the proposed amendments. Trena Larson, Director of Finance, stated the amendment was proposing recovering the full cost of supplying professional public services to all events in Oshkosh such as Country USA, EAA, and Lifefest. She explained it was incorporating the existing charges into a new budget for that purpose. She stated that summarized items 17 through 20. She explained items 21 through 26 were in reference to adding the charges due to the components of the Walker parking study that were passed by Council. Council Member Herman asked for clarification regarding the items attributed to the Convention Center. Mr. Rohloff stated the City did not currently have a special events fund and funded some events through the Convention Center fund. He explained routing the public safety service cost through the Convention Center fund resulted in avoiding expenditure restraint problems. He stated the beneficiary of the services would then be paying for expenditure concerns such as overtime. Council Member Herman questioned if his understanding was correct; that if an event such as Gus Macker required police presence they would pay a fee for that presence which would be put into the Convention Center fund and later be used to pay for the expenditure of police officer’s overtime due to the event. Mr. Rohloff stated that was the general idea. He explained City staff was not proposing to do this for every special event and needed to come up with a long term strategy on how to comply with expenditure restraint. He stated when large events would come up they wanted the expenditure to not affect the general fund but would still like to be able to provide the service. He explained that it would also enable the police department to provide fatigued staff with relief. He stated City staff was providing Council a draft and encouraged Council to provide suggestions and ask questions. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Herman questioned in regards to items 9 and 10 ‘parks add trade tech’ if there was more than one position being added. Ms. Larson indicated one position was being created and the two lines referenced the salary and the benefits of the position. Council Member Panske questioned if the additional $5,000 BID contribution was a onetime contribution or an annual contribution. Mr. Rohloff stated the seasonal help was an item the BID requested the City to consider and would hopefully be a permanent item that would be paid for by the BID in the future. Council Member Panske questioned if the $5,000 was in addition to the $20,000 proposal. Mr. Rohloff stated no; the BID was packaging how they would like their $20,000 allocated. He explained the BID proposed to contribute $20,000 for next year and an additional $5,000 would come from one of the TIFs. He stated the City needed $10,000 for public education, $10,000 for signs and $5,000 for enforcement. He explained the BID was asking Chief Smith to look at options at what $5,000 will get the BID in terms of enforcement. He stated the Chief’s tentative answer was not much because if you divide $5,000 into 50 weeks that results in only $100 per week allocated towards enforcement. He explained if the Chief stated that was not feasible the BID would withdraw the $5,000 request and City staff would make the adjustment. Council Member Herman questioned how parking enforcement was currently being handled. Chief Smith explained parking enforcement was taken care of by the Community Service Officers however it was on an ad hoc basis. He stated CSOs were often pulled off of parking enforcement to work a special event or traffic situation. He explained the police department did not currently have staff dedicated to parking enforcement. He stated a parking enforcement officer worked from 2 a.m. until 5:00 a.m. to monitor overnight parking. Council Member Herman stated he had seen the parking enforcement vehicle in operation during the day. Chief Smith stated he did not have a parking enforcement vehicle in his fleet. Mr. Rohloff explained there were three packages present in the proposed amendment. 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 He stated City staff would make changes based on recommendation from Council and then provide Council with an updated package prior to Council consideration on nd November 22. Mayor Cummings questioned when City staff would like the feedback. Ms. Larson stated she would prefer the information by Friday morning if possible. Council Member Allison-Aasby questioned what time Friday morning. She explained Council worked more efficiently with deadlines. Ms. Larson stated 8:00 a.m. Friday morning. Council Member Palmeri stated she appreciated the package that had been presented. Mr. Rohloff explained there had been considerable work involved to present solutions that did not increase taxes or damage expenditure restraint but addressed the service issues that both Chief Smith and Chief Franz had concerns about. C ITIZEN S TATEMENTS TO C OUNCIL th Mark Hageman, 760 W. 10 Avenue, stated he lived in a 10 unit condo building and would be subject to the rental inspection ordinance as a renter. He explained he lived next to an individual who had experienced a welfare check in September of 2016 due to the smell of accumulated garbage. He stated the police department completed a 6 page report and took 37 photographs showing the garbage. He read from the report stating, ‘residence was in dire condition, unable to see any flooring due to debris. Entire residence covered with fruit flies and black flies’ and stated it also addressed his concerns of the smell and fire hazard to the residence. He stated he had taken the police report to the City health department, the inspections department, the fire department and county social services. He explained staff he had met with understood his problem but all had the same answer ‘no City or County agency can enter an owner occupied residence to enforce corrective action regarding a problem like this’. He stated he contacted the condo association who indicated they were also unable to enter a residence. He explained he sent a copy of the police report and a letter to the City attorney’s office. He displayed an official post office certified mail receipt showing the City attorney’s office received his letter on October 19, 2016 and he had yet to receive a response. He stated he would have expected a response stating that the attorney’s office was unable to assist. He explained 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 in the 2015-2016 City Strategic Plan it was stated ‘the City will respond to a citizen’s request equitably and fairly and in a timely, informative, and thorough matter’. He stated he did not support the ordinance as it was not fair that the individual living next to him in an owner occupied dwelling could live in filth with no repercussions while he as a renter would be subject to inspections and enforcement. He stated the ordinance was supposed to ‘improve the health and safety of tenants’. He questioned how, as a tenant, his health and safety was improved when he shared a six inch wall with an owner occupied health and safety hazard. He stated on September 12, 2016 Mr. Davis stated it ‘came down to the health and safety of tenants and visitors’. He questioned why a tenant should be subject to a health and safety inspection when the City would not enforce the same health and safety requirements on an owner occupied residence. He thanked Council Member Panske for voting ‘no’ on the ordinance. C ONSENT A GENDA Report of Bills by the Finance Director Resolution 16-508 Approve Change Order No. 1 for Public Works Contract No. 16-16 with Vinton Construction Co., for Seniors Center South Parking Lot Improvement (+$70,435.88) Resolution 16-509 Approve Amendment No. 2 to Professional Services Agreement with AECOM Technical Services, Inc. for Environmental Services, Permitting, Parking Lot Design, Preparation of Special Conditions for Construction Documents, Bidding Assistance and Construction Management for Proposed Parking Lot Improvements at Existing Lot Adjacent to the Seniors Center South (+$2,557.50) Resolution 16-510 Approve Engineering Services Agreement with CH2M HILL Engineers, Inc. for Lead Service Line Replacement Program Engineering Assistance ($77,380.00) Resolution 16-511 Award Bid for Public Works Contract No. 16-30 to Insituform Technologies USA, Inc. for Sanitary Sewer Lining ($252,673.74) Resolution 16-512 Approve Agreement with Ground Effects of WI, Inc. for 2016/2017 Snow & Ice Removal 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Palmeri requested to remove 16-512 from the Consent Agenda for separate consideration. Resolution 16-513 Approve Amendment No. 1 to Professional Services Agreement with AECOM Technical Services, Inc. for Design Services for South Park Area Basin Retrofit (+$53,350.00) Resolution 16-514 Approve Agreement with JWC Building Specialties, Inc., for Repairs to the Moveable Wall System at the Oshkosh Convention Center ($51,765.95) Resolution 16-515 Approve Appointment to the Oshkosh/Winnebago Housing Authority MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 16-512 (Pech; second, Herman) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Resolution 16-512 Approve Agreement with Ground Effects of WI, Inc. for 2016/2017 Snow & Ice Removal MOTION: LAYOVER TO NOVEMBER 22, 2016 COUNCIL MEETING(Pech; second, Panske) Council Member Pech withdrew his motion to layover resolution 16-512. MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Stepanek, Pech, Herman, Allison-Aasby, Panske, Mayor Cummings Noes (1) Palmeri Brad Crook, 622 Frederick Street, stated he was present to discuss the City accepting a bid from Ground Works. He explained he had experienced an incident with the company during the summer as they completed green scape work. He stated company staff had been brought to the site and shown the areas of concern. He explained when a company was employed for landscaping they needed to consider aesthetics in addition to 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 structural integrity. He stated when he pointed items of concern out to company staff he was laughed at. He explained when he told the company the work was substandard a member of the company confronted him in an unprofessional manner. He stated he could understand if the staff disagreed with his comments but did not believe it was appropriate to become aggressive. He explained the unprofessional manner continued at the subsequent jobsite they visited. He stated he was concerned with how the company staff would interact with the individuals having snow removed. He explained the level of professionalism required to place a bid with the City should be exceptional and Ground Works did not meet this level of professionalism. He stated he understood Ground Works was the lowest bid but the City would get what they paid for. He stated there had been correspondence involved and Council and public works employees had been made aware of the actions of Ground Works. He explained he did not want Council to consider Ground Works for future jobs. Council Member Pech asked for an explanation of the correspondence and when the incident occurred. Mr. Crook stated he was from Middle Village and they had two green scapes landscaped by Ground Works. He explained in regards to correspondence he believed Mr. Palmeri had written an email regarding Ground Works. He stated he had additional correspondence from coworkers stating the landscaping did not look as it should. He explained he had been informed by Engineering that it was structurally sound but he did not believe it was aesthetically pleasing. He explained he had also written an email to the company and copied Council Member Palmeri, Mr. Palmeri, and additional City staff. Council Member Palmeri stated she believed Mr. Davis was presented at one of the incidents. Mr. Crook stated yes and other planning staff or public works staff were present. Council Member Pech stated he believed the resolution should be held over until the nd November 22 Council Meeting. Mr. Rohloff indicated it was important for Council to select a snow removal company prior to the upcoming change in weather. He stated City staff were prepared to answer questions. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mr. Davis stated Ground Effects had been awarded the bid for the two greenspaces in the Middle Village project. He explained it was brought to his attention that there was dissatisfaction of the block work that had been completed. He stated when he and City staff went to visit the site and found the dissatisfaction was with the aesthetics and that the work was structurally sound. He explained they requested to view the instructions from the block manufacturer on how the block should be installed but were told it was up to the mason on how the block was installed. He stated there were multiple conversations during the project regarding the quality of the work. He explained there were sharp words exchanged between Mr. Crook and the representative from Ground Effects regarding the quality of the work. He stated he had been disappointed to see that as a City employee reviewing what the contractor had done. Council Member Palmeri questioned if Elizabeth Williams, Associate Planner, was present. Mr. Davis indicated she was not. Council Member Palmeri stated she had been copied on a number of emails regarding delays to the project and in one such email Ms. Williams had indicated that the company was unresponsive. She explained she believed it had not been a single incident but a continuous display of discourteous communication throughout the project. Mr. Davis indicated there had been a lack of responsiveness. He stated phone calls had not been returned to City staff in a timely manner. He explained Ms. Williams had expressed frustration to him. Council Member Panske questioned if there were any specific citizen concerns regarding the company’s snow and ice removal. Mr. Rabe stated Ground Effects had received the snow and ice removal contract numerous times over the past several years. He explained City staff had not received any specific complaints regarding the company’s work in the past. He stated he was aware that in the past the company had been approached by very angry members of the public and had responded appropriately to those incidents. He explained the experience of City staff with the company in regards to previous ice and snow removal contracts had not been the same as what was being described regarding the landscaping project. He stated 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 that was why when he reviewed the pre-qualification forms he felt comfortable pre- qualifying Ground Effects for the ice and snow removal contract. Council Member Herman asked if there had been issues with the Middle Village contract from the beginning. Mr. Davis explained several components of the project had taken longer than City staff and the neighborhood had expected. He stated the issues began with the design of the project and continued into the bidding and construction phase. Council Member Allison-Aasby questioned when the last time the City had a contract with Ground Effects for snow and ice removal. Mr. Rabe stated it had been the winter of 2014 / 2015. He distributed a list of companies that had received the snow and ice removal contract since 2002 and a cost comparison. He stated there was no guarantee as to how much work will be a part of the contract as the contract would be in response to citizens who complained to the engineering division regarding individuals who had not cleared their sidewalks within 24 hours of the snow stopping. Council Member Pech questioned if the fees that were charged for the service were billed to the property owner. Mr. Rabe stated yes. He explained a citizen would call the engineering department regarding a sidewalk that had not been shoveled and City staff would take photographs to verify the validity of the complaint. He stated once the complaint was validated a list of properties would be provided to the contractor who would remove the snow. He explained all costs associated with the snow removal would be billed back to the adjacent property owner in addition to an administrative fee. Council Member Pech asked for clarification that related to snow removal City staff had not received any negative feedback. Mr. Rabe stated he had not received any. Steven Gohde, Assistant Director of Public Works, stated they had received complaints regarding the practice as people did not feel it was justified and did not want to pay but 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Ground Effects had not had any issues regarding customer service or work related complaints. Council Member Pech questioned if other contractors had experienced similar complaints from individuals not wanting to pay for the service. Mr. Gohde stated he received similar complaints every year. He stated there was a contractor on the comparison list provided by Mr. Rabe that he would not recommend but that was not the case with Ground Effects. Mayor Cummings questioned if the City had used Ground Effects for other projects aside from the greenspace in Middle Village. Mr. Davis stated he had not used them for other construction projects. Mr. Rabe stated they had been subcontracted but had not held City contracts for construction activities. Mr. Rohloff questioned if they had been used for RDA properties. Mr. Davis stated the RDA had utilized Ground Effects for grass cutting and snow removal for the past three years. He explained they had completed those assignments without any concerns. Council Member Palmeri stated she understood there was an $8 difference between the first and second bidder. She explained she was aware there was a history of contracts with Ground Effects in the snow and ice removal capacity but she was concerned that the City was rewarding with the honor of serving the City with pay after having negative and unprofessional experiences with both City staff and neighbors. She stated regardless of the type of project she believed Council should have the option of looking at another bidder. Council Member Allison-Aasby stated she did remember speaking with a number of residents of Middle Village and City staff regarding frustrations with Ground Effects. She explained she was aware it was two distinct types of work and was a budget concern but stated she struggled rewarding bad behavior with taxpayer dollars. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mayor Cummings questioned if it had been Ms. Williams who was directly involved with the Middle Village project. Mr. Davis stated yes. Mr. Rohloff stated he was concerned that the season for snow removal was quickly approaching. He explained Mr. Rabe had provided the cost analysis for the bidders and Council could award a different bidder. He stated City staff wanted to ensure there was a contractor in place in the event of snowfall. Council Member Pech questioned if a representative from Ground Effects wished to speak. Charlie Boelter, a representative from Ground Effects, explained the company had not received a site plan or a grade plan that they had requested from Ms. Williams. She stated the day before they were to begin construction they were told the plans had changed again and were to begin construction on the Franklin and Ida Street area. She explained the company completed that work without any complaints. She stated they held a neighborhood planting day where only one neighbor attended and therefore determined there was no neighborhood support. She explained they then began work on the area of Central and Parkway. She stated during the construction phase in the spring there had been no feedback provided to the company until the end of the project. She explained they had been called to a meeting at the site to address concerns. She stated her partner, Chris, attempted to discuss the situation with Mr. Crook, but was continually interrupted. She explained Chris then ‘charged’ at Mr. Crook but did nothing other than getting into Mr. Crook’s personal space. She stated Ground Effects had not designed the space and had built it according to the picture provided. She explained they had provided color options to the neighborhood which was taken to the neighborhood association meeting. She stated they did not begin construction until Ms. Williams confirmed the type of block they were to use. She explained it had been a single altercation and had expressed apologies in an email. She stated in regards to unresponsiveness the company had been instructed not to respond to the neighborhood but to respond to the City which she indicated they had done. Council Member Palmeri questioned who Ms. Boelter understood had been responsible for communication regarding the community planting day. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Ms. Boelter stated she did not know but was aware there were signs all over the neighborhood advertising it. Council Member Allison-Aasby questioned if it was true that the company did not receive site plans at the appropriate time prior to beginning their work. Mr. Davis stated he was not able to answer that question on the spot. He explained he was aware there was a concept plan complete and that the company requested additional information but he would need to confer with Ms. Williams to gather the details. Council Member Pech stated he was not condoning the behavior but did understand how conversations can get heated. He explained he believed it was one incident and that Ground Effects had heard the concerns that evening and hoped they took it seriously. He stated he believed there may have been mitigating factors that raised the tension. Council Member Allison-Aasby stated she concurred with Council Member Pech but wanted Ground Effects to be on notice as when they were awarded a contract they were acting as an extension of the City. She stated if a similar issue were to come up again she did not see how they would be able to award another bid. Mayor Cummings questioned if the company had begun the work without having a plan in hand. Ms. Boelter stated she had requested a plan from Ms. Williams and had not received it therefore the project began nearly a month and a half late. Mayor Cummings questioned if there were written instructions regarding the materials such as brick and stone. Ms. Boelter stated no, that the company had been provided a picture. Council Member Palmeri explained that it was her understanding that it was not a single incident but multiple incidents over several months. She stated it was her understanding that a conceptual plan had been provided to the company. She explained she would not support awarding Ground Effects the bid. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-516 Repeal & Recreate Chapter 30 Zoning Ordinance & Zoning Map Effective January 1, 2017 (This Update Replaces the Existing Zoning Ordinance & Map Adopted in 1997) (Staff Recommends Deferral for Future Plan Commission Review) MOTION: REFER BACK TO PLAN COMISSION (Pech; second, Palmeri) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Council Member Herman asked for an explanation of why City staff requested the ordinance to return to the Plan Commission. Darryn Burich, Planning Services Manager, explained his staff had received feedback from Council and were making adjustments based on those concerns. He stated there were areas of the map City staff recommended changing as well. Council Member Herman questioned if City staff had heard from contractors regarding the proposed ordinance. Mr. Burich stated they had received concerns which was why they were responding with changes. Council Member Herman questioned if they had been significant enough that he believed the Plan Commission needed to address the ordinance again. Mr. Burich stated with respect to some of the mapping changes they were significant. Mayor Cummings explained there had been comments from the Jackson Street Neighborhood Association in regards to the maintaining the historic characteristics of the neighborhood. He stated there had been discussion at the Landmarks Commission meeting regarding looking at historic preservation within the plan. Mr. Burich stated City staff had developed alternatives to the University Transition Overlay zone and would like to get feedback from the Plan Commission. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Palmeri questioned if they had received feedback regarding preferences to the drafted UTO zone alternatives from the Jackson Street Neighborhood Association. Mr. Burich stated he had not. He explained he believed the association’s main goal had been to back off the UTO zone from Jackson and each of the alternatives do so. Council Member Allison-Aasby stated one of her concerns was who held the ultimate decision. She explained she understood that it was proposed that the Plan Commission would have the ultimate decision versus the Common Council and she was uncomfortable with that. Council Member Herman stated he was not comfortable with it either. He explained he believed it should ultimately come back to Council as Council was composed of elected officials and the Plan Commission was composed of appointed officials. Mayor Cummings stated he agreed. Council Member Allison-Aasby stated if City staff or the Plan Commission would like specifics as to her concern she would provide them at a later time. Mr. Burich stated he had addressed those concerns and re-written the language of the ordinance which was ready to go before the Plan Commission. Ordinance 16-517 Modify Parking Regulations on Eagle Street MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Ordinance 16-518 Approve Request to Annex to the City from the Town of Oshkosh / Olsen Annexation, 2508 Shorewood Drive (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Pech requested waiving the rules to approve the annexation on the first reading. Mr. Burich explained the annexation was being requested due to a failing septic system. Mr. Rohloff indicated it was the second reading so the rules did not need to be waived. Mr. Burich stated they had received notification that the Department of Administration had reviewed the annexation and found it to be within the public interest. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mr. Rabe explained lead water services had been a hot button issue in the news for over a year after the situation in Flint, Michigan. He stated the City had been replacing lead services on the public or utilities side for several years. He explained the City had not previously had a comprehensive plan to address lead service removal on the public and private side. He stated it was important to keep in mind the Wisconsin Public Service Commission does prohibit the City from using utility dollars to replace the services that were owned by the private property owners so it would need to be approached creatively. He explained the City had applied for and received a principal forgiveness loan the Wisconsin Department of Natural Resources for the purpose of private lead water service replacements. He stated City staff was developing a comprehensive program to ultimately replace all lead water services in both the public and private sectors that would involve ordinance revisions. He explained City staff was looking at what other communities have done and would like to develop a pilot program to help define what works best for Oshkosh. He stated they were developing a workshop to provide Council with information on the pilot program. Council Member Palmeri questioned if the workshop would include information on what the City would do to identify the location of the lead service lines on the private side. Mr. Rabe explained that would be a component of the workshop in addition to public education. He stated it was geared towards developing a comprehensive City wide program. 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Panske questioned if there was a timeline for the implementation of the pilot program. Mr. Rabe stated ideally City staff would have a plan in place to add to next year’s Capital Improvement Plan. He explained when they had applied for the grant they had indicated the intent of using the street reconstruction program as a test area to develop the pilot program. He stated nearly every private residence adjacent to the streets scheduled for reconstruction in 2017 did have a lead water service. Council Member Panske questioned if the funds from the DNR would be received annually. Mr. Rabe stated they had received $500,000 as a principal forgiveness loan for 2017. He explained they had submitted their intent to apply for 2018 funding and the DNR stated the funds allocated through the Safe Drinking Water Loan Fund Program would only be available for 2017 and 2018 barring any additional funding being applied to the program from the state or federal legislature. Mr. Rohloff questioned when City staff was required to submit additional information to the DNR. Mr. Rabe stated the end of January. He explained they would need to submit plan specification information. He stated they would like to schedule the workshop for th December 13. Mr. Rohloff stated there was some urgency as City staff wanted to be able to provide a plan to the DNR and make maximum use of the $500,000. Council Member Allison-Aasby stated she was concerned as there would potentially be only one Council meeting in December and Mr. Rohloff’s review as on the same evening. She requested providing Council with information as soon as possible. Mr. Rabe stated he would push staff to prepare information to provide Council in th advance of the Friday prior to the December 13 Council meeting. Mr. Rohloff explained there had been a meeting with the BID Board regarding the parking downtown. He stated he believed the result of the discussion reinforced 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 th Council’s previous action at the October 25 Council meeting. He explained the BID Board was scheduled to meet and would be bringing forward their proposed plan for 2017. He stated the budget adjustments reflected the changes that Council approved which included everything in the Walker study recommendation with the exception of paid on street parking. He explained the BID would need to submit that in their budget and plan for the Council to approve. He stated City staff needed to work on the signage and public education components. He explained the BID was willing to commit $15,000 or $20,000 for 2017. He stated the City could utilize TIF funds in order to complete signage and public education. He explained the BID had questioned what Chief Smith would be able to provide in terms of enforcement for $5,000 but divided over a year would not result in significant funds committed to enforcement. He stated City staff would report back to the BID who would then update their plan and budget to be nd submitted to Council on the November 22 Council meeting. Council Member Herman stated he believed the Parking Utility Board needed to review the parking lots and how parking was utilized in those lots. He explained he had received feedback from shop owners stating their concern that paid parking would destroy their business. He stated there had been discussion in past years regarding color coded lots that designated where employees could park. Mr. Rohloff stated there needed to be education provided to the BID to help them understand the finances. He explained members of the BID believed they were paying for debt service. He stated the BID was paying for operational services and there was little debt in the fund. He explained he had spoken with a BID member who believed the lot on the 400 block of Main Street was for employee parking which demonstrated the need for education as this was not the case. Council Member Herman stated he believed paid parking would create nothing but problems. Mayor Cummings stated he had conversations with business owners with shops on Main Street who had requested a workshop with Council, the BID Board and merchants on Main Street. He stated the merchants had indicated they felt disconnected although they were the individuals who made their living on Main Street. He explained the BID would provide their 2017 plan and budget and the only question remaining was if they wanted to commit the additional $5,000 for enforcement. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Mayor Cummings thanked the City Clerk and her staff for an incredible job with Election Day and early voting at the Convention Center. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff explained the engineering services agreement with Professional Services Industries, Inc was in regards to City staff was preparing work for the 2017 Capital Improvement Projects. Council Member Panske questioned if there was a minimum depth for boring purposes and if there was not could it be created. Mr. Rabe explained City staff examined where they intended to place utilities from an elevation standpoint and targeted boring to occur 5 feet below where that placement would occur. Council Member Panske questioned if it was completely utility based. Mr. Rabe indicated that was true for the soil boring. He stated for street design purposes it only took approximately 5 feet to determine what was underneath. He explained the utility depth drove the depth of the soil borings. Mr. Rohloff stated the professional service agreement with AECOM was in regards to relocating the load area to behind Allerton Drive. He stated the environmental study was an item required prior to the City being able to receive funds towards the relocation. He explained the second professional services agreement with AECOM was related to making progress with the Buckstaff property. He explained when the City would take the property over they wanted to have as much environmental work complete as possible. He stated he had been asked numerous questions regarding 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 the D-league basketball team possibly utilizing that site. He explained if the City was awarded the team it would be used for that purpose but if were not the environmental work still needed to get complete. He stated the final professional service agreement was in regards to renovations at the Convention Center, specifically with the dividing walls. He stated due to the complexity of keeping the Convention Center open during renovations they had hired the Bold Company for construction management. Council Member Palmeri questioned what the management costs would cover. Mr. Rohloff stated the management costs covered construction management of the entire renovations project not just the dividing walls. He stated the City was closed for the th Christmas holiday on Monday, December 26 and a Council meeting was presently th scheduled Tuesday, December 27. He requested direction from Council so an ordinance could be drafted if the meeting were to be cancelled. Council Member Pech stated he had already planned on the meeting being cancelled. Mr. Rohloff stated City staff would draft the ordinance to cancel the meeting. 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) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings MOTION: ADJOURN (Panske; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:55 p.m. PAMELA R. UBRIG CITY CLERK 21 22