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HomeMy WebLinkAbout05. Common Council Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 2, 2016 SPECIAL MEETING held Wednesday, November 2, 2016, at 7:00 p.m. in room 404, 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: Pamela Ubrig, City Clerk MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) 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, Panske) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Panske; second, Cummings) CARRIED: VOICE VOTE The meeting adjourned at 7:03 p.m. PAMELA R. UBRIG CITY CLERK P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 22, 2016 SPECIAL MEETING held Tuesday, November 22, 2016, at 5:00 p.m., City Manager's Office, Room 402, 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 Allen Davis, Director of Community Development MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS INVOLVED OR LIKELY TO BE INVOLVED PERTAINING TO THE RENTAL REGISTRY AND INSPECTION ORDINANCE (Allison-Aasby; second, Panske) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Herman; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 5:01 p.m. PAMELA R. UBRIG CITY CLERK P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 22, 2016 REGULAR MEETING held Tuesday, November 22, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison- Aasby, Caroline Panske, Benjamin Stepanek, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Trena Larson, Finance Director Council Member Pech read the Invocation. The Pledge of Allegiance was led by Joey Wright and Kylie Ziegler from Carl Traeger Elementary School; and, Ashlyn Jones and Grace Weber from Carl Traeger Middle School. P RESENTATION Karen Befus from Oshkosh Hub stated Hub was created to help households overcome financial emergencies and achieve lasting self-sufficiency. She explained a community without Hub would have barriers to entry into services, disjointed experiences and system challenges. She stated with Hub there are multiple points of entry, a standardized referral process, common intake form, a shared data base of client stories, consolidated and bundled services and shared outcome measures and reporting. She explained with Hub there was a continuum of services which resulted in long term coaching relationships and better community data that allowed for a proactive response to address identified gaps. Sue Panek from Oshkosh Hub explained there were a number of community partners including private non-profits, government entities, education services, and a non-profit financial institution that work together to make Hub possible. She stated the organization had been built around a case management model. She explained the different partners 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 collaborated to establish a shared vision, mission, and goals. She stated the partners varied roles and responsibilities had been defined and participant outcome metrics had been established. She explained committees had been established to continue to develop coaching and case management, database development, and co-branding and marketing. She presented a slide showing a matrix that detailed the various components utilized to determine participant success. She explained the participant-driven process of identifying a need, developing a plan and assessing progress. Council Member Pech asked for an explanation of the need that brought Hub together. Ms. Panek stated an emergency financial assistance program called Bridges was set to transition from the American Red Cross to ADVOCAP. She explained they identified a need within the community as the same individuals were applying to Bridges on an annual basis. She stated these individuals needed a program to help them get to the next level of self-sufficiency which was the goal of Hub. She explained multiple organizations working together as a group would produce a better result for the participant. Council Member Palmeri questioned how many people were involved in the program. Ms. Befus stated at the end of September they had 23 participants and there were presently 36 participants. She explained ADVOCAP began working as the pilot site for the coaching program and was later joined by the Oshkosh Area Community Pantry. She stated the coaches worked part-time and were adapting to the participants as the program continued. She explained there was a testimonial video on YouTube titled ‘Patti’s Hub Story’ that allowed the community to understand the impact the program had. Council Member Palmeri asked if an individual could apply for the program on their own without a referral from an agency. Ms. Befus stated an individual could apply through ADVOCAP, the Oshkosh Community Food Pantry, or apply online at HubOshkosh.org. She explained there was also a referral page on the website that would allow a community member to refer someone in need. Ms. Panek explained Hub was actively seeking volunteers to work as coaches. 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri questioned if the program modeled the ‘two on one’ program. Ms. Panek stated that Hub was similar to the ‘two on one’ program but added the component of case management. C ITIZEN S TATEMENTS TO C OUNCIL Carl Sosnoski, 2475 Knapp Street, stated he was present to complain about Council Member Panske’s actions at the Council meeting two weeks prior. He explained he was a former Marine and felt upset when he witnessed Council Member Panske sitting down during the Pledge of Allegiance. He stated he believed it was possible that Ms. Panske did not believe in America any longer. He explained if Council Member Panske wished to protest she should do it outside of Council chambers. He stated she embarrassed the City of Oshkosh and disrespected veterans. He explained he lost respect for Council Member Panske. He stated if she was experiencing personal problems she should resign and allow someone who cared about the flag to take her place. Patricia Gayner stated the election was in the past and it was time to move forward. She explained she understood where Council Member Panske was coming from and that she was present to represent the people of Oshkosh. She stated the City was spending too much money doing things such as lighting Main Street and the budget needed to be cut. th Scott Engel, 80 Lake Street, stated he had watched the video of the November 9 Council Meeting and had experienced feeling anger, disgust, and disappointment. He stated he was upset Council Member Panske had chosen to not stand for the Pledge of Allegiance so close to Veteran’s Day. He explained she was an elected public servant that represented the City and the Council meeting was not to be used as a stage for personal protest. He stated her actions sent the wrong message to children on how to behave when something does not go your way. He explained he believed she should make her point in a manner that did not disrespect the flag and the Pledge of Allegiance. He thanked Mayor Cummings for his service as a Marine and Council Member Herman for his career in law enforcement. Mark Kelderman stated his son was a veteran who served in Afghanistan and had asked him to thank Council Member Panske for her actions and defending the right of freedom of expression. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 C ONSENT A GENDA Report of Bills by the Finance Director Approval of Cash Report from September 2016 Resolution 16-519 Approve Conditional Use Permit to Establish a New Auto Body Repair & Automotive Service & Sales Use at 1901 South Washburn Street (Plan Commission Recommends Approval) Resolution 16-520 Approve Engineering Services Agreement for Johnson Avenue Watershed Storm Water Management Plan AECOM Technical Services, Inc. ($126,420.00) Resolution 16-521 Award Bid to EGI Mechanical Inc. for 40 Ton Chiller Replacement for Oshkosh Convention Center ($119,697.00) Resolution 16-522 Award Bid to Various Vendors for Chemicals for the Water Filtration/Wastewater Treatment Plants for 2017 (Various Amounts) Resolution 16-523 Approve Special Event – Anglers Insight Marketing to utilize Miller’s Bay Boat Launch & Menominee Park for the AIM Weekend Walleye Series / May 21, 2017 Resolution 16-524 Approve Special Event – Father Carr’s the Place 2B to utilizeCity streets for the Bridge Walk / June 3, 2017 Resolution 16-525 Approve Special Event – Oshkosh Saturday Farmer’s Market, Inc. to utilize 400 & 500 blocks of Main Street & 100 block of Church Avenue for the Oshkosh Farmer’s Market – Downtown / June 3, 2017 through October 28, 2017 (Saturdays) Council Member Panske questioned if those involved in special events such as Market in the Park were aware of ongoing CIP projects that may have an impact due to construction. Mr. Rohloff stated they had been informed during special events committee meetings. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Resolution 16-526 Approve Special Event – Oshkosh Chamber of Commerce to utilize Opera House Square & Market Street for the Live at Lunch series / June 21, 2017 through August 16, 2017 (Wednesdays) Resolution 16-527 Approve Special Event – Oshkosh Corporation to utilize City streets th for their 100 Anniversary Parade / July 15, 2017 Resolution 16-528 Approve Special Event – Oshkosh Saturday Farmer’s Market, Inc. to utilize South Park for the Market in the Park / July 19, 2017 through September 27, 2017 (Wednesdays) Resolution 16-529 Approve Special Event – Downtown Marketing Consortium – Business Improvement District (BID) to utilize Opera House Square City streets for the Chalk Walk / August 5, 2017 Resolution 16-530 Approve Special Event – ARC Restoration to utilize Opera House Square & City Streets for the ARC Gus Macker / August 25, 26 & 27, 2017 Resolution 16-531 Disallowance of Claim by John Johnson Resolution 16-532 Approve Appointment to the Public Arts & Beautification Committee Resolution 16-533 Approve Special Class “B” Licenses, Agent Change for Combination “Class A” Licenses, Operator Licenses, Taxi-Cab Driver License & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-534 Approve Parking Regulation Changes on North Main Street between New York Avenue & Murdock Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-535 Cancel December 27, 2016 Council Meeting FIRST READING; LAID OVER UNDER THE RULES Resolution 16-536 Approve Special Event – Christine Ann Domestic Abuse Services Inc. to utilize Menominee Park and City streets for the Race for the Light Walk Run / December 3, 2016 MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Pech excused himself from consideration of Resolution 16-536 as he had been the director of the event for the past 14 years. He thanked the community members and Oshkosh Police Department who had worked together to make special events possible in the City. Resolution 16-537 Approve Secondhand Dealer License for Fabulous Finds MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Pech, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Palmeri stated she would abstain from voting on Resolution 16-537 as she had a relationship with the owner of Fabulous Finds. 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Resolution 16-538 Approve 2017 Business Improvement District Operating Plan & Budget (BID Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Herman stated he wanted the citizens of Oshkosh to understand that the BID was a self-assessing entity that received no direct City funding for their operational budget. He explained the BID operated by taxing its members over and above the tax rate given by the City of Oshkosh and used the funds to better the business improvement district and put on events in the downtown area. He stated the BID budget needed Council approval even though it was not part of the City budget. Resolution 16-539 Authorize the Filing of Applications for Federal Operating & Capital Assistance, State Operating Assistance & County Transportation Assistance for GO Transit MOTION: ADOPT (Panske; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Resolution 16-540 Receive & File a Petition for Direct Legislation to Reduce the Forfeiture for Possession of Marijuana to $25 MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings MOTION: AMEND TO DIRECT STAFF TO PREPARE CHANGE OF 25 GRAMS OR LESS OF MARIJUANA TO A FORFEITURE OF $25 (Panske; no second) LOST: NO SECOND 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Linda Ellen, S2502 Vanhy Cove, Baraboo, stated she had a prepared speech that was slightly over five minutes but well under six minutes and requested the Council grant her the extra time to speak. Mayor Cummings asked Council if this would be okay. Council Member Herman stated it would be fine and the other Council Members agreed. Ms. Ellen stated she had circulated the petition and gathered over 1,000 signatures. She explained despite living in Baraboo she had circulated the petition in Oshkosh as she had strong family ties to the community. She stated she had made a deliberate point to stay out of the student district when gathering signatures except for a few special events. She explained she had gone into the working class areas and spoke with permanent citizens of Oshkosh. She stated the people of Oshkosh had spoken and they wanted the reform. She explained she wanted the reform after her son was arrested for possessing less than one gram of cannabis. She stated that event began her son’s battle with alcohol and eventually led to his death. She explained that alcohol was physically addictive while cannabis, though habit forming, was not. She stated Dr. Christopher Fitchner, a psychiatrist who had served as the mental health director in Illinois, spoke at a Wisconsin State Informational Hearing in support of medical cannabis and quoted him as saying ‘medical cannabis is harm reduction for those who self-medicate with alcohol’. She explained her son had mental health issues and needed the harm reduction of cannabis but was not able to use it and instead chose alcohol which ended his life. She stated she had gathered her signatures in the name of her deceased son. She explained she had received similar stories from members of the Oshkosh community. She read several testimonies she stated she had taken from citizens who had signed the petition. She stated Council could choose to file the petition and not respond but it would not stop the efforts of the group. She explained the residents of Oshkosh had spoken and wanted reform. Mark Kelderman, W2457 Lomira Drive, Brownsville, stated he had met Ryan Hamman, a recent graduate of UW Oshkosh, over the summer and the two had discussed poll results that indicated to them that Wisconsin was receptive to a change in law either legalizing or decriminalizing cannabis. He stated Mr. Hamman made attempted contact th with the City Clerk’s office on August 7. He explained they had looked at the Government Accountability Board’s website for instructions on how to petition for direct legislation. He stated they downloaded form 172 and contacted the City Clerk as he 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 believed she would be able to answer any questions. He indicated they did not receive a nd response prior to September 2. He explained the anticipated start date was in early September because they realized to gather enough signatures in 60 days they would need to encompass the event ‘A Taste of Oshkosh’ and Halloween. He stated they believed there were enough public events in that time frame that a small number of people could collect the required amount of signatures. He explained they began petitioning on thnd September 6. He stated on September 2 he had left a detailed message for the City Clerk expressing his concern regarding the language of the petition and asked to meet with her for direction. He explained they began petitioning and later went into the City Clerk’s office and brought a sample of what they were circulating. He provided Council with four examples of the different language of the petition. He stated the sweatshirts he and his colleagues were wearing displayed the message they were giving to Oshkosh citizens. He stated every person who signed the petition viewed an attachment that included the same language that was on the shirts. He stated there were not four different petitions and that all of the petitions contained the same language. He explained on form 172 at the bottom it stated ‘I support the intent of this petition’. He stated under Wisconsin Statute 9.20 it states that the City Clerk would verify the sufficiency of signatures and the sufficiency of the ordinance language. He explained the petitioners had ten days to correct either the signatures or the language. He stated the group was not afforded that opportunity and had been told they had submitted four different petitions and none of the versions had gathered enough signatures. He stated that was not true. He explained the only difference between the versions was an addition that had been made after speaking with the City Clerk and City Attorney. He stated the City Attorney had indicated they were attempting to repeal existing legislation that dealt with juveniles. He explained they were adding additional language and in doing so ‘moved down’ the line regarding juveniles. Mayor Cummings requested that Mr. Kelderman wrap up his statement as he had gone over the 5 minute time limit. Mr. Kelderman stated his colleagues would then finish what he was saying. He explained it was a matter for the courts and asked that Council recognize the voices of over 4,000 individuals that signed the petition. He stated Council needed to examine the Supreme Court test to determine what direct legislation can and cannot accomplish. He explained if Council would not accept the petition the group intended to pursue the issue legally. He stated they were asking Council to uphold the will of the 4,000 voters that had signed the petition. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Sharon Koerner, 709 Merritt Avenue, stated she believed the petition was ridiculous. She explained she had lived in Oshkosh since 1973 and was against drugs. She stated she found it ludicrous that the City would want to lower a fine on something that was being done illegally. She explained she believed it was illegal on a federal and state level and did not believe the fine should be lowered. She stated she did not appreciate the woman who stated she spoke for the people of Oshkosh. She explained that the number of signatures they had gathered did not represent even ten percent of the City’s population. William Tomlinson, N9303 Wildcare Road, Poinette, stated he believed lowering the fine from over $500 to $25 would positively impact local businesses. He indicated the petition was good politics and good economics. He explained he did not believe it was right to punish people for the use of a mild product. He compared the use of marijuana to people having a beer after a long day of work. He stated it was a waste of a police officer’s time to seek out individuals doing something that was harmless. He explained the public needed to be better educated and the police should spend their time investigating individuals who used hard drugs. He stated it was irresponsible to charge an individual an amount that could be more than a week’s pay. He explained marijuana was being used to treat addiction. He stated his previous girlfriend had committed suicide as she had post-traumatic stress disorder. He explained she had become addicted to pharmaceutical benzodiazepines and they were legal drugs despite being dangerous and addictive. He stated marijuana was the only thing that helped her. He explained there were veterans who suffered from post-traumatic stress disorder that were forced to turn to alcohol and suicide. He stated the City of Oshkosh needed to ‘step up’ and look at the 4,000 signatures and realize that many people use marijuana for medical reasons. Patricia Geener stated she had previously worked for both the City and County and was against drugs. She explained she believed it did not matter if individuals chose to drink or take drugs that if they wanted to end their lives they would. She stated individuals were not committing suicide due to lack of marijuana. She explained if a person could not cope with life, drugs would not fix their situation. Shawn Kelderman, W2457 Lomira Drive, Brownsville, stated she did not use cannabis but had seen the positive effects it had on people who needed it and the negative effects incarceration had. She explained she petitioned for 60 days and had interacted with several different types of people and listened to their stories. She stated she hoped Council would not set aside the petition just because the language did not meet the formal requirements. 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Cindy Kerwin, 130 Stoney Beach Road, stated she had lived in Oshkosh her whole life and had personal experiences with individuals who could have benefited from medical marijuana. She explained it was disturbing that she had to cross state lines to be able to provide medicine to family members. She stated she knew individuals who utilized the cannabis oils and had been cured. She explained she had petitioned and heard many stories from a varied demographic. She stated it did not make sense for some states to allow marijuana while others did not. She explained this was the first step and if it did not pass the group would not stop. She stated those who did not believe in marijuana did not have to use it. Council Member Pech asked for an explanation of the memo sent by Ms. Lorenson. Ms. Lorenson stated Council would be voting to receive and file the petition. She explained Wisconsin law stated once Council passed legislation on an issue it would remain under Council’s control for further regulation. She stated direct legislation was appropriate when there was a new initiative or an item that had not been regulated before. She explained the City of Oshkosh had an existing ordinance adopting the state law and penalties for violating the ordinance violation. She stated because Council had already regulated in the area, direct legislation was not an appropriate method for moving forward. She explained once the Council took action in an area it would go back to Council to take further action which was the basis for the recommendation to receive and file the petition. She stated the memo included options Council could pursue if in the future they wished to change the existing ordinance. Council Member Panske questioned why Ms. Lorenson had not informed the petitioners that it was not an appropriate topic for direct legislation. Ms. Lorenson stated she had informed the petitioners. Council Member Panske stated 4,000 signatures was impressive and needed to be recognized. She explained it had been a challenge to obtain 100-200 signatures when seeking nomination for Council. She stated 4,000 signatures had to be recognized. She explained she did not understand why the petitioners would not have been directed that the topic was not appropriate for direct legislation. Ms. Lorenson repeated that she had informed the petitioners. 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Panske questioned why the petitioners went through with the petition. Mr. Kelderman interrupted from the audience. Mayor Cummings informed Mr. Kelderman if he continued to interrupt he would be removed from Council chambers. Mr. Kelderman stated it did not matter as they had lost everything. Council Member Panske asked for an explanation of how Council could bring the topic forward for regulation. Ms. Lorenson stated Council would be able to direct City staff to prepare an ordinance change. She explained because Council had legislated within the topic it was an item the Council could continue to regulate. Mr. Kelderman stated from the audience that Ms. Lorenson was stating it was in the Council’s authority which was the argument the petitioners had made all along. Mayor Cummings stated if Mr. Kelderman had any further outbursts he would be removed from Council chambers. Council Member Panske questioned how she could motion to adopt the language that was present in the petition. Ms. Lorenson stated she would make a motion to amend Resolution 16-540 to direct City staff to prepare an ordinance to reduce the forfeiture to $25. Council Member Panske motioned to make an amendment to direct staff to reduce the forfeiture to $25 for possession of 25 grams or less of cannabis. Mayor Cummings stated a second was required. Council Member Panske stated she was surprised her colleagues would not recognize 4,000 signatures. Mayor Cummings stated that because there was no second the motion failed. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech stated it was not a matter of recognizing 4,000 signatures. He explained there had not been respect for the process. Mr. Kelderman interrupted from the audience. Council Member Herman stated he was concerned that the topic had not been brought forward by Oshkosh residents. He explained he understood that residents signed the petition but the circulators were generally from different municipalities. Several members of the audience interrupted stating that they were from the City of Oshkosh. Council Member Herman stated he supported the City Attorney’s recommendation. He explained it was an issue Council could take further action on at an appropriate time. He stated he did not support reducing the forfeiture as he had spent 30 years in law enforcement defending the law adopted by the state legislature. He stated in the Wisconsin State Statues possession of marijuana remained a crime and the City had adopted State Statues. He explained he would not support reducing the forfeiture unless there was a change in state legislation. He stated in the 30 years of enforcing the law he had encountered people who shared the pros and cons of marijuana use including escalating to harder drug use. Council Member Pech stated the country was founded on rights and with rights come responsibilities. He explained following rules was a responsibility. He stated Council had respected the members of the audience who had expressed their views and asked that they respect that Council had rules regarding how City business was conducted. He explained acting in an interruptive and rude manner was not responsible. Mr. Kelderman made inaudible comments from the audience. Mayor Cummings stated the Council did not conduct business with mob rule shouting from the back of the chambers. Council Member Palmeri presented a bag filled with tea. She stated she had weighed it on a postal scale and it was 25 grams. She explained from what she understood 25 grams could be divided and sold for approximately $300. She stated she would not support reducing the fine for possession of 25 grams of cannabis. She explained she believed there 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 were a number of individuals in the community interested in reducing the financial impact of possession of cannabis. She stated she respected the time the petitioners had spent obtaining signatures and that they took the initiative to try and pursue the government to make a change. She asked that the petitioners understand that there was a specific process and procedure that needed to be followed for Council to be able to look at the issue. Resolution 16-541 Adopt 2017 City Budget MOTION: ADOPT (Pech; second, Allison-Aasby) Mr. Rohloff stated City staff had provided Council with the updated amendment which was color coded. He recommended Council begin with the operating budget followed by the CIP. He stated Council was able to make additional amendments. He explained after Council made amendments to the budget then any necessary adjustments could be made to the tax levy and the tax rate. He stated then Council would be able to adopt the Capital Improvement Plan. MOTION: AMEND TO INCLUDE LINE ITEM 1 IN EXHIBIT A- UNCLASSIFIED/ UNCOLLECTABLE ACCOUNTS (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Trena Larson, Director of Finance, stated the first amendment was proposed by City staff to balance with the expenditure restraint. Council Member Pech asked for an explanation of expenditure restraint. Ms. Larson explained expenditure restraint was the maximum capacity the City could increase the tax levy. She stated compliance with expenditure restraint resulted in a 1.2 million dollar revenue that would be received in 2018. Council Member Pech stated the City would benefit from complying with the expenditure restraint by starting the following year with receiving 1.2 million dollars in revenue. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Mr. Rohloff stated the City would receive the funds in 2018 not 2017. MOTION: AMEND TO INCLUDE LINE ITEMS 2-10 IN EXHIBIT A- PARK STAFFING (Herman; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson indicated the amendment proposed hiring a full time parks employee in lieu of hiring temporary staff. Council Member Pech stated although they would be adding a position the parks department would be spending less money. MOTION: AMEND TO INCLUDE LINE ITEM 20 IN EXHIBIT A- EQUIPMENT FUND- REDUCE PROJECT CONTINGENCY (Panske; no second) LOST: NO SECOND Ms. Larson explained the amendment proposed to reduce project contingency for a major vehicle replacement. She stated the amendment was a Council Member’s recommendation in the amount of $120,000. MOTION: AMEND TO INCLUDE LINE ITEM 21 IN EXHIBIT A- EQUIPMENT FUND- REDUCE PROJECT CONTINGENCY (Panske; second, Palmeri) LOST: Ayes (2) Palmeri, Panske Noes (5) Pech, Herman, Allison-Aasby, Stepanek, Mayor Cummings Ms. Larson explained the amendment proposed to reduce project contingency in the amount of $65,000. Council Member Palmeri questioned if the amendment was related to line item 20 or if it was separate. Ms. Larson stated it was a separate item. She explained line item 20 was for a piece of equipment that was requested by two different departments. She stated it had been put into contingency until there was a resolution to share the purchase. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri asked for an explanation of line item 21. Mr. Rohloff stated it was a contingency related to the CIP. He explained they allocated 1 million dollars into the budget; he and Ms. Larson identified items within the CIP that could be purchased with cash and would not be able to be borrowed for. He stated the $65,000 would serve as a contingency because it was undetermined as City staff moved along with projects items that might be needed to purchase that did not meet borrowing requirements. He explained the contingency would serve as a protection. Council Member Herman explained the contingency was similar to a savings account. He stated if a project or bid went over budget it could still continue without having to borrow funds. Mr. Rohloff stated if there were no need in 2017 for a contingency Ms. Larson would be able to reduce the borrowing by the contingency amount. Council Member Panske questioned if it was contingency specific to equipment. Ms. Larson stated the fund was labeled equipment and was where the direct levy took place for the Capital Improvement Program. Council Member Panske stated she had been provided an example of the Bucks D-league team when she questioned what the funds could be used for and questioned why that would have been provided as an example if had nothing to do with equipment. Mr. Rohloff stated when the fund was originally created it had been titled the equipment fund. He explained it had been intended to use to purchase vehicles for cash instead of borrowing for a vehicle over ten years when the vehicle was only expected to last ten years. He stated they used the funds for any item within the Capital Improvement Program that met the same criteria and had not removed the label of equipment fund. He explained the funds could be used for a variety of purposes. Council Member Panske stated that was not transparent. She stated without having a specific plan for the funds on a tight budget she was not comfortable setting funds aside for an undetermined use. She explained there were alternative items that could be purchased that had specific reasons to support the purchase. 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech stated he did not believe it was a matter of setting the funds aside. Council Member Panske stated there was no purpose for the funds. Mayor Cummings stated that was why it was called a contingency. Council Member Allison-Aasby stated if there was concern regarding the labeling of the line item Council would be able to make a recommendation to change the label. She explained she had experienced six City budgets and there had been shortages during the year and a struggle to determine where to pull the funds from. She stated an alternative was to pull the shortage from the general funds balance but recommended Council and City staff use caution when considering this option. She explained using the general funds balance to cover unexpected expenditures resulted in audit concerns with Ehlers and impacted the City’s Moody rating which impacted interest rates. She stated in her experience if the City did not plan for contingencies the alternatives did more harm than good. Council Member Pech stated he agreed with Council Member Allison-Aasby. MOTION: AMEND TO INCLUDE LINE ITEMS 25-29 IN EXHIBIT A- SPECIAL EVENT FUND (POLICE/FIRE) (Pech; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson stated the amendment proposed the creation of a special events fund which would fund staffing of the Police Department and Fire Departments for their services at special events. She stated it would not have any levy impact as it would be funded through revenues. Council Member Pech stated it was a budget neutral item. MOTION: AMEND TO INCLUDE LINE ITEMS 30-34 IN EXHIBIT A- PARKING UTILITY (Herman; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Ms. Larson stated the amendment proposed to add items that had been previously approved by Council in regards to implementing the Walker Parking Study as well as increase the BID’s contribution to the implementation. She explained it was a budget neutral item. MOTION: AMEND TO INCLUDE LINE ITEM 35 IN EXHIBIT A- SENIOR CENTER REVOLVING FUND (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson stated the amendment proposed to draw from the Senior Center revolving fund to add $5,000 in contractual services. She explained it was a budget neutral item. Council Member Allison-Aasby stated the goal was to put together a strategic planning session that would involve three different areas in regards to seniors and the aging population. She explained the amendment would not affect the levy. Council Member Herman questioned if the discussion of the plan had developed at the meeting for the committee on aging. Council Member Allison-Aasby stated yes. Council Member Herman stated the Senior Center adopted the strategic plan that the City had in place. He questioned if the amendment was a separate issue. Council Member Allison-Aasby stated that it was a separate issue. She explained she did not believe the Committee on Aging had completed a strategic plan in the past. Ray Maurer, Director of Parks, stated the Committee on Aging had struggled in the past. He explained engaging in a planning session with the Committee on Aging, Senior Center staff, Friends of the Senior Center, and the Advisory Board of the Senior Center would allow the separate groups along with City staff to share knowledge and approve the services for the aging residents of Oshkosh. Council Member Allison-Aasby stated County representatives had attended a meeting for the Committee on Aging to compare County and City services. She explained she believed in some areas it was acceptable to overlap services due to the large growing need 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 within the population. She stated the planning session would help the group determine a set of goals and how best to accomplish them. Council Member Herman stated he thought it was a positive initiative and would move the Senior Center in a positive direction parallel with the City. Mr. Rohloff recommended Council continue on to the Capital Improvement Plan. He explained after that was complete Council would be able to take a brief recess to allow Ms. Larson time to update the levy, tax rate and CIP. MOTION: AMEND TO INCLUDE LINE ITEMS 1, 2 & 8 IN CAPITAL IMPROVEMENT PLAN (CIP) EXHIBIT A- MUSEUM/ IMPLEMENT PEOPLE OF THE WATERS (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Ms. Larson indicated the propose amendment was in regards to the Oshkosh Public Museum People of the Water’s exhibit. She stated there was a change in the funding to the project. She explained the amendment allowed for $100,000 to be borrowed from the general obligation fund and removing $100,000 in donations. Council Member Panske questioned if City staff was aware of what happened to the donations. Brad Larson, Director of Museum, stated there had been confusion regarding how much was being utilized from the Durow Trust Fund and how much needed to be raised that resulted in the shortage. Council Member Panske questioned what the Museum’s plan was moving forward. Mr. Larson stated they planned to utilize $300,000 from the Durow Trust Fund, $300,000 from the CIP and the remainder would be raised by the Museum. MOTION: AMEND TO INCLUDE LINE ITEM 3 IN CIP EXHIBIT A- PARKING LOT IMPROVEMENTS (Palmeri) 19 Ms. Larson stated the amendment proposed parking lot improvements with a $75,000 reduction. P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri withdrew her motion from consideration. MOTION: AMEND TO INCLUDE LINE ITEM 4 IN CIP EXHIBIT A- TEICHMILLER PARK RECONSTRUCTION (Palmeri; second, Panske) Ms. Larson indicated the proposed amendment was a reduction of $40,000 for Teichmiller Park reconstruction. Council Member Panske questioned how the $40,000 figure had been calculated. Council Member Palmeri stated she had compared the project to another restroom that had been built. She questioned if the $120,000 had been the estimate to construct the new restroom. Mr. Mauer stated the project at Teichmiller was a renovation similar to renovations that th had been complete at Red Arrow Park, Lakefly Café, and the 24 Avenue boat launch. He explained City staff ‘gutted’ the interior of the buildings leaving the shell and hired a contractor to make the building ADA accessible and more efficient. He stated the low bid for the Red Arrow project was approximately $115,000 in 2016. He explained using the project as a comparison for the Teichmiller project City staff budged $120,000 knowing that the cost would likely increase with the project taking place in 2017. Council Member Palmeri stated her misunderstanding was that a restroom had been constructed for $80,000 when the true cost had been $180,000. Council Member Herman questioned if the budget was reduced by $40,000 would the Teichmiller project move forward. Mr. Mauer stated the project was nearly identical to the project completed at Red Arrow Park and would incur the same cost. Council Member Herman questioned if the Parks Board had indicated the renovation at Teichmiller Park as high priority. 20 Mr. Mauer stated the number one concern within the community as indicated on the community wide assessment survey in regards to parks was their restroom facilities. He P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 explained the Parks Department had tried to complete at least one restroom update a year over the past 5 years. Council Member Herman questioned the average usage of the park. Mr. Mauer stated it was used 4 nights a week by youth baseball groups and the tennis courts and playground equipment was actively utilized. Council Member Palmeri questioned if there would be a way to provide the restroom renovation and still reduce the budget by $40,000. Mr. Mauer stated the building would be completely ‘gutted’ and that gives City staff the ability to make the restrooms ADA compliant. He explained with a reduction of $40,000 the project would not be able to move forward. He stated the restroom was unsightly and had been heavily vandalized. He explained there was no way to reduce the cost by that significant amount. Mayor Cummings stated the importance of neighborhoods was emphasized in the City’s strategic plan. He explained he believed the quality of the parks had an impact on the quality of life within the City. He stated if the renovations were not completed in 2017 they would cost even more in the future. Mr. Mauer stated if the Teichmiller renovation were to be delayed it would delay the other park renovations as well. Council Member Herman stated the renovations provided a 50 year lifespan for the building. Council Member Allison-Aasby questioned how long the project had been in the CIP. Mr. Mauer stated the proposed renovation had been in the CIP for a number of years. Council Member Allison-Aasby stated it was not a new project to those that had been a member of Council for some time. She explained Council Member Palmeri may not have been aware of the project as it was her first budget experience. 21 Mr. Rohloff stated he had moved the project from 2016 to 2017. P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Palmeri stated she was not aware of that. Mr. Rohloff stated the Parks Department submitted approximately 12 projects annually and only 4 or 5 would be approved and included in the CIP. Council Member Palmeri withdrew her motion. Council Member Panske withdrew her second. MOTION: AMEND TO INCLUDE LINE ITEM 5 IN CIP EXHIBIT A- MARY JEWELL RESTROOM SHELTER (Palmeri; no second) LOST: NO SECOND Ms. Larson stated the amendment was a proposed reduction of $200,000 in regards to the Mary Jewell restroom shelter. VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Council Member Pech stated he commended City staff for putting the budget together. He explained there was multiple workshops and time spent reviewing the budget looking for areas that could be adjusted. He stated he was aware there had been concern regarding the rate of the levy increase. He explained there was an overall increase in overall spending from the previous year. He stated he and his colleagues were cognizant of the issues the City faced and although Council would like to be able to approve a zero percent increase the City needed to provide a service to the public through public safety, planning and zoning, community development, parks and other services. He explained the City would continue to move forward and execute the strategic plan and Council was passing a budget that stayed within expenditure restraint. He stated the only true place to reduce expenditure was by reducing personnel which would reduce services. Mayor Cummings stated there were a number of items that were mandated by the State that the City was forced to comply with. He explained funding from the state that help 22 provide for items such as police and fire protection were continually reduced. He stated most recently they reduced the funds for police and fire protection to 38%. He explained P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 there were also instances where certain institutions that did not have to pay taxes such as when the University purchased homes. Council Member Palmeri thanked the members of the community who had reached out to City staff or Council members with comments and concerns. The Council recessed from 7:47 p.m. to 8:16 p.m. to provide Ms. Larson time to update the budget information to reflect the adopted amendments. Resolution 16-542 Approve 2016 Tax Levy MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Mr. Rohloff stated Ms. Larson had revised resolutions 16-542 and 16-543 to reflect the changes that resulted from the adopted amendments. He stated the levy for the City was $36,297,700 which applied to all the taxing entities and the overlapping districts that the City was require to include by law. Council Member Herman questioned how the changes would impact the average citizen. Mr. Rohloff stated the increase for a $100,000 house was $56.10 per year. Resolution 16-543 Adopt 2016 Tax Rates MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings Mr. Rohloff stated the City tax rate for 2017 was 10.344 which was an increase of $55.07. Resolution 16-544 Approve 2017 Capital Improvement Plan MOTION: ADOPT (Allison-Aasby; second, Herman) 23 CARRIED: Ayes (7) Pech, Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Mayor Cummings P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 Council Member Pech thanked Ms. Larson and the City staff who put significant time th and effort into the budget. He stated this was his 6 budget experience and he had seen the process progress and become more in-depth. Mayor Cummings thanked his fellow Council Members for their work on the budget. He stated it had been a collaborative team effort between Council and City staff. Mr. Rohloff stated Council would receive a copy of the updated budget. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mayor Cummings reminded Council of the pilot program lead service lateral th replacement workshop on December 13 at 4:45 p.m. Council Member Pech stated there was a new state senator representing the Oshkosh area. He explained he and Mr. Rohloff believed it would be beneficial to meet with state representatives. Mr. Rohloff stated he would like to arrange a meeting for January. Mayor Cummings reminded Council of the future discussion of Bay Shore Drive at the th December 13 Council Meeting. He indicated he had received a number of phone calls from neighbors and was appreciative that the neighborhood was involved in looking at the future of the street. Council Member Panske stated there had been members of the Bay Shore Drive neighborhood present at a recent Bike and Pedestrian meeting and she appreciated their participation. Council Member Stepanek stated he had an opportunity to tour the neighborhood with several residents. He explained he looked forward to the discussion and additional th information regarding the project at the December 13 Council meeting. 24 Council Member Pech stated he had heard recent discussion regarding Council members not returning calls or emails to community members. He explained he and his colleagues P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 made a concerted effort to return messages although it may not always be the same day. He stated communication with the community was a high priority. Mr. Rohloff stated City staff would provide Council with the report on Bay Shore Drive in the near future to allow them time to review the information and ask questions. Mayor Cummings questioned what the different colored flag markers mean. Council Member Herman stated they represent different utilities and there was a description of each flag on the Wisconsin Public Service website. Mr. Rabe stated there was a brochure for Digger’s Hotline that described the different flags on the Oshkosh Public Work’s page of the City website. C ITIZEN S TATEMENTS TO C OUNCIL Patricia Diener, 1316 Broad Street, stated she was grateful for the body cameras worn by the police officers in Oshkosh. She explained she believed they would benefit both law enforcement and the public. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Council Member Herman stated he wanted to recognize Chad Dallman, Assistant Director of Parks, who was selected as the 2016 Wisconsin Park and Recreation Association professional of the year. He explained it was important to recognize City employees that went over and above their day to day responsibilities. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated the third quarter 2016 financial statement provided by Ms. Larson detailed much of the same information that had been presented during discussion of the City budget. He explained there were concerns regarding ambulance revenues and because the fees were down the projected revenue for 2017 was lowered. He stated police 25 overtime was a concern and was being tracked. He introduced the North Park neighborhood association located north of Snell Road and east of Jackson Street. He stated it was the City’s newest neighborhood association. He explained anyone within P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 22, 2016 the community interested in organizing a neighborhood group should contact the planning services division. Council Member Palmeri stated in the checklist that was provided to groups looking to start a neighborhood association there was a statement that explained membership to the neighborhood association was open to all people living in or representing property within the neighborhood boundary. She questioned if an individual who owned property within the neighborhood had automatic voting rights. Allen Davis, Director of Community Development, stated the neighborhood associations had flexibility to create their own form of governance. He explained the neighborhoods were able to create a situation that addressed their specific needs and not all associations operated in the same way. MOTION: ADJOURN (Panske; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 8:34 p.m. PAMELA R. UBRIG CITY CLERK 26 P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN D ECEMBER 13, 2016 REGULAR MEETING held Tuesday, December 13, 2016, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Lori Palmeri, Steven Herman, Deb Allison-Aasby, Caroline Panske, Benjamin Stepanek, Tom Pech Jr., 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 Palmeri read the Invocation. The Pledge of Allegiance was led by Evelyn Oehler and Seth Hansen from Washington Elementary School. I NTRODUCTION OF C ITY S TAFF Mr. Rabe introduced Ryan Lemke, Water Distribution Center Assistant Manager. He explained Mr. Lemke had previously worked for the City of Appleton public works department and resided in Greenville with his family. 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 P UBLIC H EARING Ordinance 16-545 Repeal & Recreate Chapter 30 Zoning Ordinance & Zoning Map Effective January 1, 2017 (This Update Replaces the Existing Zoning Ordinance & Map Adopted in 1997) MOTION: ADOPT AND INCORPORATE THE TEXT AND MAP AMENDMENTS AS RECOMMENDED BY THE PLAN COMMISSION AND IDENTIFIED AS EXHIBITS A AND B TO THE ORDINANCE (Pech; second, Panske) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Shirley Mattox, 1313 Jackson Street, stated she was part of the Jackson Street historic drive neighborhood association. She explained she had previously voiced concerns and presented a petition regarding the University Transition Overlay district map and plan. She stated the neighborhood association hoped to revitalize the neighborhood and return as many homes as possible to owner occupied. She explained she believed diversity in a neighborhood was important. She stated the homes in the neighborhood had historical significance. She requested Council approve map number 9 and commended the Planning department for drafting several different options that would preserve the historical integrity of the neighborhood. Allen Davis, Director of Community Development, stated the Plan commission had reviewed the proposed ordinance and made changes to allow for the historic Jackson Street neighborhood to remain outside of the UTO district. He explained they also revised the language of the ordinance to allow for Council to maintain control over conditional use permits. Council Member Pech thanked all of the individuals involved in the process. Mayor Cummings stated it was positive to see a neighborhood association involved in determining the future of their neighborhood. 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 C ITIZEN S TATEMENTS TO C OUNCIL Shirley Mattox, 1313 Jackson Street, explained she had attended a hearing for the neo- classical historic district in Madison at the Wisconsin Historical Society. She stated the Director of the Wisconsin Historic Preservation Department, Jim Draeger, acknowledged the progress the City of Oshkosh had made in preserving the City’s historic buildings. She explained Mr. Draeger commended Mayor Cummings for being one of the few mayors in the state who promoted historic preservation projects. She stated preserving the historic buildings through redevelopment and reuse gave them a second economic life. She explained many Oshkosh residents treasure the City’s historic buildings and the stories that have enriched their lives. She stated she appreciated how proactive the City had been. nd Jim Meyer, 150 W. 22 Avenue, thanked Council for their continued support of the Senior Center. He stated there were over 4,000 members who were grateful for the support. Kathy O’Rourke, 455 Marion Road Apartment 207, stated she moved to Oshkosh on October 31, 2016. She explained she enjoyed the riverwalk but was concerned that there were no garbage cans anywhere along the riverwalk. She stated she and a neighbor spent two hours carrying a garbage can and picked up garbage along the riverwalk. She explained she understood some pieces of garbage such as bait containers came from people fishing on the river but other pieces came from people walking the path. She stated she would like to suggest that individuals who were required to complete community service participate in cleaning it up on a weekly basis. She explained there were a number of dogs that resided in the apartments along the riverwalk and the owners were not cleaning up after the dogs. Mayor Cummings stated they would direct City staff to discuss both of the issues. Mr. Rohloff stated he would reach out to Ray Maurer, Parks Director. Council Member Allison-Aasby stated she had previously met Ms. O’Rourke and had encouraged her to attend the Council meeting. She thanked Ms. O’Rourke for attending. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 C ONSENT A GENDA Report of Bills by the Finance Director thth Receipt & Filing of Common Council Minutes from October 11, 25 & November 9, 2016 Receipt & Filing of Museum Board Minutes from November 3, 2016 Receipt of Claim filed with City’s Insurance Company A) Anna Cannizzo for alleged damage to her vehicle from a dumpster B) Gerald Hawley for alleged injuries resulting from a bus incident Resolution 16-546 Award Bid to Sure Fire Inc. for Furnace Replacements for Oshkosh Senior Center South ($48,300.00) Resolution 16-547 Award Bid to FabTech Waste Water Solutions, LLC for Primary Clarifiers Repair & Rehabilitation for Wastewater Treatment Plant ($295,000.00) Resolution 16-548 Approve Software Maintenance Agreement for 2017 with Harris Enterprise Resource Planning & Software Maintenance Agreement 2017-2019 with Environmental Systems Research Institute, Inc. for IT Division ($84,255.32) Resolution 16-549 Approve Granting Privilege in Street & Easements to Wisconsin Public Service for Installation of Soil Vapor Monitoring Wells at 303 Ceape Avenue/Court Street South of Ceape Avenue & Adjacent City Parking Lot/11 Broad Street (Plan Commission Recommends Approval) Resolution 16-550 Approve Determination of Necessity to Acquire Property at 716 South Main Street Authorize Redevelopment Authority to Acquire South Main Street ($60,000.00) (Redevelopment Authority Recommends Approval) 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Resolution 16-551 Approve Determination of Necessity to Acquire Property at 710 South Main Street Authorize Redevelopment Authority to Acquire 710 South Main Street ($199,000.00) (Redevelopment Authority Recommends Approval) Council Member Palmeri requested 16-550 and 16-551 be removed from the Consent Agenda for separate consideration. Resolution 16-552 Approve Environmental Service Agreement with AECOM for Site Redevelopment at Buckstaff Property ($143,500.00) Resolution 16-553 Approve Renewal of Agreement for Bus Service with the University of Wisconsin Oshkosh Resolution 16-554 Approve Agreement with Houck Transit Advertising for Bus Advertising Services for GO Transit (2017: +$24,000, 2018: +$27,000, 2019: +$27,000) Resolution 16-555 Approve Agreement with Kobussen Buses LTD for IntercityBus Services for GO Transit (2017: $152,000, 2018: $155,040, 2019: $158,141) Resolution 16-556 Approve Initial Resolution for Special Assessments – Contract No. 17-17 / Hemlock Court & Fraser Drive-Concrete Paving Resolution 16-557 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for 2017 Knapp Street Quarries & Timmerman Landfill Operations & Maintenance Support ($90,350.00) Resolution 16-558 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for Environmental Support for 2017 Capital Improvement Projects ($175,000.00) Resolution 16-559 Approve Engineering Services Agreement with Strand Associates, Inc. for Sawyer Creek Storm Water Management Plan Update ($182,500.00) 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Resolution 16-560 Approve Extended Contract with the State of Wisconsin Department of Military Affairs Division of Emergency Management for Statewide Structural Collapse Team Members Resolution 16-561 Approve Ambulance Rates Resolution 16-562 Approve 2017 Fee Schedule for Lakeshore Municipal Golf Course, Pollock Community Water Park & Park Facilities (Advisory Parks Board Recommends Approval) Council Member Herman stated the usage fees for the baseball and softball diamonds would be charged when there were tournaments not for daily use during practices. He explained there had been discussion during the Parks Board meeting regarding the various organizations that utilize the fields for tournaments and it was decided that charging a fee was appropriate. Resolution 16-563 Approve Employee Handbook Updates Resolution 16-564 Disallowance of Claim by Amy Prickett Resolution 16-565 Approve Combination “Class B” License, Special Class “B” Licenses, Operator Licenses & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTIONS 16-550 AND 16-551 (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Resolution 16-550 Approve Determination of Necessity to Acquire Property at 716 South Main Street Authorize Redevelopment Authority to Acquire South Main Street ($60,000.00) (Redevelopment Authority Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Resolution 16-551 Approve Determination of Necessity to Acquire Property at 710 South Main Street Authorize Redevelopment Authority to Acquire 710 South Main Street ($199,000.00) (Redevelopment Authority Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Mayor Cummings questioned if Council Member Palmeri would like to discuss 16-550 and 16-551 together. Council Member Palmeri stated yes. She questioned if the buildings were joined by a firewall. Allen Davis, Director of Community Development, stated yes. Council Member Palmeri asked for an explanation of why the City had not completed a raze order and required the owner to take care of the associated cost if the repairs were significant. She stated community members had brought the question to her. She questioned whether the City would be responsible for environmental remediation. Mr. Davis stated the entirety of the south shore was part of a redevelopment area and the properties had been designated as blighted. He explained within the redevelopment area when properties would become available by a willing seller the City, through the Redevelopment Authority, would have the opportunity to purchase blighted properties for removal. He stated there was a willing seller for the properties and the terms would allow the City to raze them in 2017. He explained the raze order would require additional time and there was a potential it would cost more than purchasing the properties. Council Member Palmeri asked for an explanation of the average timeframe for a raze order. Mr. Davis stated if the parties involved were agreeable to the raze order it could take a year, however, if they were not agreeable it could take several years. He explained the raze process typically involved obtaining a court order and resulted in relocation issues. 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 He stated because there was a willing seller there would not be any relocation concerns. Council Member Palmeri questioned if there was a projection on costs for any environmental remediation of the properties. Mr. Davis stated he believed there would be some amount of remediation required. He explained he believed the property had formerly been a garage. He stated it was difficult to complete any project along the riverfront without being required to perform remediation. He explained City staff would make a decision regarding remediation once there was a redevelopment plan in place. He stated the ideal way to complete remediation would be to cap the site and the worst-case scenario City staff would be required to remove the contaminated soil. Council Member Palmeri asked for an explanation of how the $60,000 price was calculated. Mr. Davis stated City staff would evaluate the property using the assessed value. He explained if it was a contentious process the City would pay for a second appraisal. He stated because the seller was willing the City was able to save money while executing a fair sale. Council Member Palmeri questioned if there was a redevelopment plan for the properties. Mr. Davis stated there was a plan for the entirety of the riverfront and the properties were significant to the central city investment strategy. Council Member Palmeri asked for an explanation of the City’s purchase of the business affiliated with the property. Mr. Davis explained if the business had not been sold along with the property the City would have been responsible for relocating the business. He stated relocation costs would have been more expensive than purchasing the business. He explained the cost of the business was included in the purchase price of the property. 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Council Member Herman stated the purchase of the properties were significant in the redevelopment of the area. He explained the City’s plan aligned with the goals of the Greater Oshkosh Economic Development Corp. Mr. Davis stated this was one of many parcels that had been purchased to make the south shore redevelopment dream a reality. Council Member Herman stated the assessed value of 710 South Main Street was approximately $80,000 and the owner’s had asked $199,000. He questioned if this was due to the existing business on the property. Mr. Davis explained that the additional funds were due to the purchase of the business as an alternative to the City paying for relocation. Mayor Cummings stated he believed the layout of the properties had become jumbled after 100 years plus of repurposing the buildings. Council Member Panske questioned how much closing costs would be. Mr. Davis stated they would total several thousand dollars but that he did not have an exact total. A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-566 Approve Parking Regulation Changes on North Main Street between New York Avenue & Murdock Avenue MOTION: ADOPT (Panske; second, Allison-Aasby) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Ordinance 16-567 Cancel December 27, 2016 Council Meeting MOTION: ADOPT (Panske; second, Palmeri) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Resolution 16-568 Approve Amending Weights & Measures Fee Schedule MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Resolution 16-569 Approve Inter-Agency Agreement to Provide Weights &Measures Inspection Services to the City of Neenah ($16,000.00) MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Council Member Herman questioned if the $16,000 would cover the cost of the City staff member. Allen Davis, Director of Community Development, stated yes. Mayor Cummings questioned if the agreement was for 6 months. Mr. Davis stated the agreement would end on May 1, 2017. Resolution 16-570 Approval of Fee Schedule for Sewer Use Charges MOTION: ADOPT (Palmeri; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings John Cameron, Municipal Advisor, Ehlers, explained the rate study had been performed on a cost of service basis and took into consideration the planned capital improvement projects for 2017. He stated the rate increase for the average single family home was 7.68%. Council Member Pech stated when the rates were reviewed it was decided to execute a gradual increase instead of a sudden spike followed by no increase in the subsequent years. 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mr. Cameron stated that was correct and the goal was to keep the rate increase as linear as possible over time. Council Member Pech stated the rates were based on cost of service. Mr. Cameron stated that was correct. Council Member Palmeri questioned why there was a decline in City billable sewer flows. Mr. Rabe explained over the years there had been a slow and steady decline in water usage which resulted in a decline in sewer flows. Mr. Cameron stated this was a trend Ehlers was seeing statewide primarily in the residential and industrial areas. He explained household appliances were more efficient and water conservation efforts had increased. Resolution 16-571 Establish 2017 Storm Water Utility Rate to $160.04 per year MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Mr. Cameron explained the rate increase was consistent with the analysis performed by Ehlers which took into consideration capital improvement projects, the number of equivalent runoff units, the budgeted 2017 operational expenses and anticipated debt service payments for 2017. Resolution 16-572 Approve 2017 Across the Board Market Increase of 2% for Non- Represented Employees MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Council Member Herman stated resolution 16-572 along with the other financial resolutions had been discussed and agreed upon by Council during the budget process. 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA Mr. Rohloff stated the Bay Shore Drive project contained unique circumstances. He explained City staff would like advance direction from Council in regards to the unique project. Mayor Cummings stated Council would provide City staff with direction and would not vote on the project at this time. Steven Gohde, Assistant Director of Public Works, stated there would be unavoidable impacts to properties during construction due to the narrow right of way and physical features of the area. He explained trees that were overhanging would need to be trimmed up to a minimum of 20 feet above the pavement to allow the equipment access. He stated trees sustained greater damage when they were hooked by equipment versus when they were professionally trimmed. He explained that the existing sanitary sewer was approximately 20 feet deep at its deepest point and would need to remain that depth to continue service for the area. He stated construction that deep required large backhoes that would require 12 to 14 feet of clear space to be able to dig the trench. He explained due to the space constraints resulting from DNR codes the construction impact zone reached far outside the pavement. He stated there were individual trees that could be accommodated but there were groupings of arbor vitae that were located within the right of way that the backhoe could not accommodate and they would need to be removed. He explained if there were laterals underneath an existing tree, that tree would need to be removed to facilitate the replacement of the lateral. He stated City staff believed a majority of the laterals to be lead and needed to be replaced. He explained City staff would try to preserve as many of the trees as they could but there would be many unavoidable removals. He stated trees with structural deficiency within the public right of way would be removed. He explained he and the City forester had identified several trees which fit that criteria. He stated if a tree was partially in the public right of way and partially on the property City staff would work with the property owner to remove it to prevent issues during and after construction. Mr. Rohloff stated City staff wanted Council to be aware of the issues outside of the question of sidewalk installation. He explained the neighborhood was one of the narrowest in the City and presented a number of limitations. He stated City staff understood the value of the trees but wanted to point out that there were some situations that were unavoidable and would result in tree removal. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Council Member Palmeri stated it appeared there were a number of trees that had been planted in the right of way. She questioned how property owners were made aware that they were planting trees in the right of way. Mr. Gohde stated part of the confusion was in the past there was no clear definition of where the right of way was. Council Member Herman questioned if the sidewalk on the south side continued up to the former DNR building. Mr. Gohde stated the sidewalk extended through a majority of that property. Council Member Herman questioned how much sidewalk would need to be added to reach Frankfort Street. Mr. Gohde said it would be approximately 450-500 feet. Council Member Herman questioned if City staff recommendation was to add sidewalk up to Frankfort Street but not any further to the east. Mr. Gohde stated the recommendation of the bicycle and pedestrian committee was to install sidewalk on the south side from Bowen Street through the multifamily unit at 1001 Bowen Street. He explained City staff did not feel simply ending a sidewalk midblock and leaving pedestrians unfamiliar with the area stranded was a good solution. He stated City staff believed alternatives to ending the sidewalk midblock were adding a midblock crossing or extending the sidewalk to the closest intersection where a crosswalk would be constructed. He explained after discussion with the police department, transit, and public works it was determined a midblock crosswalk was not a desired option. He stated it was not where motorists would expect pedestrians to cross. He explained the recommendation of City staff would be if Council decides to install sidewalk on the south side as recommended by the bicycle and pedestrian committee that the sidewalk be extended to Frankfort Street. Council Member Herman questioned if the current ordinance stated that neighborhood streets were 32 feet in width. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mr. Gohde stated that 32 feet was the standard width of a street within the City’s zoning code. Council Member Herman questioned what the current width of Bay Shore Drive was. He stated he was aware it narrowed towards the east. Mr. Gohde stated that west of Frankfort Street the width was approximately 34 feet and east of Frankfort Street it was 28 feet. Council Member Herman stated citizens that had contacted him were concerned that the unique aesthetic of the neighborhood would be disturbed. He explained he supported updating the infrastructure but believed it would be a disservice to the citizens to add sidewalk. He stated people who choose to walk could utilize sidewalks on the north side of the street. He explained he understood that widening the street to 32 would allow easier access for emergency vehicles. He stated he believed widening the street to 32 feet with sidewalk on the north side would be sufficient. Mr. Rohloff stated if Council would like to keep the street at its current width City staff recommended to limit parking to one side of the street. Council Member Herman questioned what the current parking situation was. Mr. Rabe stated there was parking on both sides of the street. Council Member Herman stated he agreed that if the street width was left at 28 feet parking would need to be reduced to one side of the street. Mr. Rohloff stated City staff was prepared to take direction from Council and begin the design process. He explained they would take feedback from the neighborhood into consideration. Council Member Palmeri stated that all neighborhoods were unique and have history. She questioned if the driveway on the east side of Bay Shore Drive would be able to be modified if the street width remained 28 feet. Mr. Gohde stated it would not prohibit the modification. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Council Member Stepanek questioned if there would be potential for the older trees to be damaged during construction despite workaround efforts. Bill Sturm, Landscape Operations Manager, stated a majority of the trees that had been identified for removal were already in poor condition and it would not be worthwhile to avoid them. He explained there could be an impact to some of the root systems but City staff did not expect the impact to be significant. Council Member Panske stated she served as the Council appointed member of the bicycle and pedestrian committee. She explained many neighborhood residents had attended the previous committee meeting and their input had been taken into consideration. She stated she appreciated City staff’s recommendation regarding the extension of the sidewalk and looked forward to hearing feedback from residents regarding the recommendation. She explained she would like to see the street width remain 28 feet. Mr. Rohloff stated City staff was prepared to answer questions from the residents. Brad Lasky, 1319 Bay Shore Drive, thanked City staff and Council for their time and addressing neighborhood concerns. He explained he was in support of the project due to the age of the current infrastructure. He stated he understood the recommendation of the sidewalk continuing on to Bowen Street. He explained he had concerns about his driveway as he had 25 feet from the street to his garage. He stated he would like the street width to remain the same and for parking to be changed accordingly. He explained safety and speed control were his primary concerns. He stated he had four young children and lived on the curve where drivers would increase their speed. He explained he was concerned that the design would impact how his driveway functioned. He stated he believed leaving the existing street width and continuing sidewalk to Frankfort Street would result in a safe and beautiful street. He explained he was concerned of the potential costs as the project was large and the existing infrastructure was old. He stated he had enjoyed engaging with his neighbors and City staff. Council Member Palmeri questioned if Mr. Lasky had been made aware of the proposed change to shift the sidewalk which would allow him to maintain 18 feet of access. Mr. Lasky stated he understood how that looked on paper but was concerned how it would function and impede his driveway. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Council Member Palmeri questioned if his vehicle was longer than 18 feet. Mr. Lasky stated it was not longer than 18 feet. Mr. Rohloff stated if Council chose the width of the street to remain 28 feet that would include the portion of the street up to Frankfort Street. Mr. Rabe stated it would include the distance between Frankfort Street and Lake Street. He explained he believed City staff would recommend a street width of 32 feet from Bowen Street to Frankfort Street. Council Member Herman questioned if there were additional streets in the area scheduled for future CIP projects. Mr. Rabe stated Lake Street would be included in the CIP for 2017 with the Bay Shore Drive project. Council Member Herman questioned how Lake Street would be impacted. Mr. Gohde stated Lake Street currently had a 28 foot width and was proposed to be changed to a 32 foot width in the 2017 CIP. Council Member Herman questioned if Eveline Street or Canniff Court were scheduled for construction in the near future. Mr. Gohde stated he did not believe either street had been included in the 5 year CIP. Council Member Herman questioned if the street corners would be modified. Mr. Gohde stated yes. He explained it would be possible to modify the width of those streets in the future or taper down the right of way to leave a 30 or 28 foot width. Council Member Herman questioned if the project would be the result of one bid or if it would take place in sections. 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mr. Gohde stated the project would be one long contract. He explained the contractor would complete the construction in phases similar to the recent construction project on Westfield Street. Paul Schmidt, 1025 Bay Shore Drive, stated he had spoken to Council several times regarding his concerns about Bay Shore Drive. He explained he was impressed with the comments from Council and believed they aligned with what the residents of the neighborhood would like to see happen. He stated he felt it was ironic that Oshkosh had been recently recognized for historical beauty by the state. He explained he believed that beauty would be threatened if streets were widened and sidewalks were added. He stated he was a new resident of the neighborhood and had purchased his property due to the location. He explained he was a realtor and understood the value of location. He stated he understood that street improvements were necessary. He explained leaving the street the existing width and not adding sidewalks would save the City and taxpayers money. He thanked Council for their time and consideration. Council Member Herman questioned who decided if speed bumps were to be installed in a neighborhood. Mr. Gohde stated he had received complaints about speeding on Bay Shore Drive for years prior to the project being in the CIP. He explained other speed humps in the City were installed due to numerous concerns regarding speeding or had been written in to the neighborhood plan as was the case for Middle Village. He explained if Council would like to provide direction regarding installing speed humps City staff would plan accordingly. Council Member Panske explained she was requesting some type of speed control device be installed in the area. Mayor Cummings stated the residents of Bay Shore Drive were the individuals speeding. Council Member Palmeri questioned when Council would need to provide City staff with direction. Mayor Cummings stated the item had been included on the agenda for Council to provide City staff with direction that evening. 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mr. Gohde stated the project was on hold until Council provided direction. Council Member Palmeri thanked the residents who had invited her to visit their properties. She explained on the date she visited the three properties there was at least one jogger, one bicyclist and one woman walking with a stroller. She stated there had been input from residents that there was not much foot traffic in the area but she believed this was due to the lack of sidewalks. She explained if the street and driveways were modified near Lake Street there would be room for sidewalk to be installed. She stated she believed if homeowners were concerned about maintaining the historic aesthetic they could use architectural sidewalk material. Mr. Gohde indicated that architectural block could be used for retaining walls but was not typically used in sidewalks. He explained it was difficult to remain ADA compliant with architectural material in a sidewalk. Kristine Bradish, 1219 Bay Shore Drive, thanked Council for considering the neighborhood’s input. She explained her property contained 30 cedar trees that were over 50 years old. She stated the trees were 16 feet in from the curb. She questioned why construction vehicles would need 16 feet of access. Mr. Gohde stated the existing sanitary sewer was located 7 feet in from the existing curb. He explained the backhoe would need to be positioned above the existing sanitary sewer and the back end rotated as a counter weight and allowed the machine to function. He stated because the sewer was deep it required a large machine that would catch the centerline trunk of the trees when it rotated. Ms. Bradish stated she was in favor of keeping the width of the street at 28 feet. She explained she believed the neighborhood had a legacy of natural beauty that she wanted to remain. She thanked Mr. Rohloff for recommending that sidewalks not be installed. Council Member Palmeri questioned if Mr. Rohloff had recommended no sidewalks. Mr. Rohloff stated he had not recommended anything. He explained Council would provide direction to City staff. He stated City staff was aware of the potential impacts of installing sidewalks especially on Mr. Lasky’s driveway. 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Ms. Bradish stated on the day she and Council Member Palmeri walked the neighborhood they saw three cars. She explained she believed there was low traffic on the street and it did not need to be widened. Jenny Smith, 1222 Bay Shore Drive, stated the construction would not directly impact her property but it would impact her neighborhood. She explained she was appreciative of new storm sewers being installed as she understood the old sewers had been installed in 1905. She stated the street surface from Bowen Street to Frankfort Street was in need of drastic surface improvement. She explained drivers were not able to speed in that section of road due to the poor condition. She stated she lived just beyond Frankfort Street and was able to hear the sound of tires bumping along the section of deteriorating street. She explained the cars would then speed up. She stated she was concerned that if the street was widened cars would speed even faster. She explained a unique feature of the neighborhood was the location on the water. She stated the location allowed for a natural habitat for wildlife including eagles and great horned owls. She explained widening the street and adding sidewalks would take away from the natural aesthetic of the neighborhood. She stated she believed the residents were the individuals speeding in the neighborhood because other drivers did not have a reason to travel down Bay Shore Drive. She explained she would prefer the street to remain at a width of 28 feet and no sidewalks. She stated the cedar trees that would be removed would not be able to be replaced. She explained she understood the City forester replaced trees after construction but that the replacement trees were lilac bushes and crab apple trees, not maples and oaks. Sylvia McDonald, 1283 Bay Shore Drive, stated she appreciated that the City was looking at Bay Shore Drive in sections as she believed the neighborhood was unique from block to block. She explained she had raised four children in the neighborhood and her family was very active in walking and biking 12 months of the year. She stated she did not have any trouble without a sidewalk on the south side and was able to travel to multiple locations with ease. She explained she believed if sidewalks were installed Bay Shore Drive would lose its unique aesthetic. Gerald Gunther, 1239 Bay Shore Drive, provided Council with a photograph of a driveway he had installed 10 years ago. He stated he had 30 inch high retaining wall that would run along the proposed sidewalk. He explained he was concerned people may get injured if they climbed the wall. He stated he believed the sidewalk would be an unnecessary expense. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Peter Jungbacker, 1215 Bay Shore Drive, stated he was the only resident that had a sidewalk on the south side. He explained the sidewalk would be impacted by the work that was being proposed. He stated he was excited about the updates to the infrastructure. He thanked Mr. Gohde for his efforts and communication with the neighborhood. He stated eliminating the installation of the sidewalks from the proposed work would have substantial economic impact for the homeowners. He questioned why the street width could not remain 28 feet from Bowen Street through Lake Street. He stated it would cost the City and residents less, help prevent speeding and provide additional greenspace. He explained he believed Council should recognize the neighborhood as a low density low traffic area. Mr. Gohde stated Lake Street had a higher volume with on street parking compared to Bay Shore Drive. He explained if the street width was left at 28 feet and parking was eliminated on one side of the street it may have a substantial impact to residents. Mr. Rabe stated the bicycle and pedestrian plan did recommend a share-way lane from Bowen Street to Frankfort Street. He explained if the street had a 28 foot width that would leave 10 feet for the share-way lane which was a safety concern. Council Member Palmeri stated the end of Eveline Street and Frankfort Street were public right of ways to access the river. She explained she did not believe it was recognizable to the community as a public access point. She stated if sidewalk was installed on the south side the public areas would be more accessible. Mr. Gohde stated it would create a pedestrian path on the south side of the street. Mr. Rabe stated Eveline Street and Frankfort Street did have public right of ways that extended to the water. Mayor Cummings questioned if the public right of ways were presently a greenspace. Mr. Rabe stated Eveline Street was a greenspace and Frankfort Street had asphalt extending for a section of the right of way. Mayor Cummings stated he had lived at the corner of Bay Shore Drive and Frankfort Street since 1973. He explained his home had historic value and the City had recently been praised for taking pride and caring for its historic properties and neighborhoods. 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 He stated the neighborhood had architectural and historical value. He explained the neighborhood residents were the ones guilty of speeding as the street had very little outside traffic. He stated a report from 2008 found less than 200 vehicles a day travelled the road. He explained the neighborhood had not experienced problems with the street width at 28 feet and sidewalks on the north side. He stated his recommendation was to replace the infrastructure but maintain the existing street width and sidewalk situation. Mr. Rohloff stated City staff was looking for direction. He questioned if there was a consensus on the street width from Frankfort Street to Lake Street. Council Members Pech, Panske, and Mayor Cummings stated 28 feet. Mr. Rohloff asked what the consensus was regarding sidewalk installation on the south side of the street. Council Member Herman questioned if Mr. Rohloff was referring to the section of street east of Frankfort Street. Mr. Rohloff stated yes. Council Members Pech, Panske, and Mayor Cummings stated they were opposed to sidewalk installation. Council Member Palmeri stated she did not agree with her colleagues. Mr. Rohloff stated there was a consensus but not unanimity. He explained City staff would formally present topic to Council at a later date but was asking for direction so City staff would be able to begin formally preparing plans. Council Member Palmeri stated the reason she was in favor of sidewalks was because she would like to be able to safely walk the neighborhood but the lack of sidewalks and access gave an exclusionary feel to the neighborhood. She explained Bay Shore Drive was not a gated community. She stated the City was promoting walkability within the community and believed the neighborhood would want to be inviting and showcase its historic and natural beauty. Council Member Pech stated there was a sidewalk on the north side of the street. 21 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mayor Cummings stated the current street design had been working for over 100 years. Council Member Herman explained he believed Mr. Gohde did a great job explaining the amount of right of way access that would be needed to complete the project. He suggested Mr. Sturm work with the neighborhood to replant trees appropriate for the area. Mr. Rohloff stated City staff would work with the neighborhood. He asked Council for direction regarding the section of Bay Shore Drive between Bowen Street and Frankfort Street. He explained the bicycle and pedestrian committee had recommended sidewalk be installed to mid-block and City staff had recommended sidewalk on the entire south side. Council Member Allison-Aasby stated it did not sound as though midway was a safe option. Council Member Panske stated the committee members had wanted to connect the existing sidewalk to Bowen Street. Mayor Cummings stated the existing sidewalk should be removed. Council Member Herman questioned if there were multifamily units located on that section of street. Mr. Rohloff stated there was multifamily housing. He explained the existing sidewalk was midblock and did not lead anywhere. Council Member Herman stated he believed there should be sidewalks in that section of street. He explained there were sidewalks on Bowen Street leading to the river to prevent individuals from walking in the street to get to the fishing pier. He stated vehicles may park on the south side of Bay Shore Drive and without sidewalk there would not be a route for pedestrians. He explained the multifamily units would benefit from the sidewalk. He stated he did not believe the sidewalk needed to extend east of Frankfort Street. Mr. Gohde presented a map that displayed where the multifamily units were located. 22 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mayor Cummings stated having a sidewalk halfway down Bay Shore Drive would not be aesthetically pleasing. Mr. Rohloff asked Council for a consensus. Council Pech stated he would defer to the decision of the bicycle and pedestrian committee. Council Member Panske stated she would support sidewalk from Bowen Street to Frankfort Street. Council Member Herman stated he believed sidewalk on the south side would be appropriate in that section. Council Member Pech stated he believed sidewalk installation in that section would address Council Member Palmeri’s concerns as it would make the neighborhood more walkable. He explained the pedestrian would need to cross the street after Frankfort Street to utilize the sidewalk on the north side. Council Member Panske stated it would be a safe crossing. Mayor Cummings questioned if City staff would need a count of Council Members in support of the sidewalk installation. Mr. Rabe stated they would need direction regarding sidewalk installation and the street width. Mr. Rohloff stated he believed there was a consensus on the direction regarding sidewalk would be to install sidewalk from Bowen Street to Frankfort Street on the south side. Council Member Herman stated yes. Council Member Palmeri stated that she wanted sidewalk installed on the south side of the street all the way to the lake. Mr. Rohloff stated he understood but asked if she would support the installation of sidewalk from Bowen Street to Frankfort Street. 23 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Council Member Palmeri stated yes. Mayor Cummings stated he did not support the installation of sidewalk. Council Member Stepanek stated he would support the installation of sidewalk. Mr. Rohloff stated the consensus was that plans would include sidewalk on the south side from Bowen Street to Frankfort Street. He asked for a consensus regarding width on Bay Shore Drive from Bowen Street to Frankfort Street. Mr. Rabe stated the street was currently 34 feet and the recommendation was to modify to a 32 foot width. Council Member Pech stated he would support that recommendation. Council Member Panske stated she supported the 32 foot width. Council Member Herman questioned if Frankfort Street to the lake would remain 28 feet. Mr. Rohloff stated the consensus had been that section would remain 28 feet. Mayor Cummings stated he would like to see the cost of the sidewalk from Bowen Street to Frankfort Street. Mr. Gohde stated he would be able to provide a rough estimate but it would take a few minutes. Council Member Herman stated City staff would be able to include the total in the plans as there would still need to be formal action taken. Mr. Rohloff stated if the section of the street was a quarter mile that equated to approximately 1,000 feet. He stated the estimate was $22 per foot so the total would be approximately $22,000. He explained it was a rough estimate of cost and further details would be provided. Mr. Gohde stated the section was approximately 1,150 feet. 24 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 Mr. Rohloff stated it would cost approximately $24,000. Council Member Pech stated it would cost $25,300. Mayor Cummings questioned who would be responsible to pay that cost. Mr. Gohde stated homeowners would be responsible for sidewalk installation except for intersection squares with ramps. Mayor Cummings stated the homeowners would be paying for something they did not want. Mr. Rohloff stated he had heard a consensus from four Council Members so it would be included in the plans. He explained there would be special assessment hearings and formal action in the future. He stated the goal was to have the plans prepared by March so they could be approved by Council and digging could begin in the spring. He thanked the neighborhood residents for feedback and the Council for direction. Council Member Herman stated traffic review should have it on their radar to modify parking next year. Mr. Rohloff stated now that City staff had direction they could begin proceeding with all due diligence necessary to start the project. Mr. Gohde questioned what street Council Member Herman was stating would need parking revisions. Council Member Herman stated Bay Shore Drive. He explained if the 28 foot width was maintained it was recommended parking be removed from the north side of the street. C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. 25 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Mayor Cummings thanked the planning department for their efforts in helping secure a neoclassical district designation from the Wisconsin State Historical Society. He explained it was not an easy recognition to achieve. He stated the area between the 100 and 200 blocks of Washington Avenue had been designated the Washington Avenue Neoclassical Historic District and was listed on the Wisconsin State Register of Historic Places. He explained the area included the public library, the Washington building, the Masonic Temple and additional properties. He stated ‘neoclassical’ described a building with pillars. He explained designated historic districts had tax benefits. He stated he had participated in the toy and food collection with the Oshkosh Fire Department. He explained since 2010 the toy drive had collected over 14,000 toys, 22,000 pounds of food and $10,000 in cash donations. He stated in addition to helping families in need the cash donations also funded two $500 scholarships at Oshkosh North and Oshkosh West high schools which were awarded to a student who was enrolled in a post-secondary police or fire educational program. He explained the program was made possible by Oshkosh fire and police personnel and their families as well as students from Oshkosh North and West high schools. He stated the fire departments would accept donations at each fire th station through December 19. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated Council had four memos related to engineering service agreements for storm water management and structural engineering services for 2017 to allow the Engineering department to be prepared for any issues that may arise in the following year. He explained an update to the TIF scoring sheet had been provided for Council to review. He stated the former scoring sheet had been split in two with separate sets of criteria. He explained the first sheet was for economic and industrial development and the second was for redevelopment situations. He stated the criteria was similar to the previous scoring sheet but had been divided to support the unique aspects of each situation. 26 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 13, 2016 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) Palmeri, Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings MOTION: ADJOURN (Herman; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 8:09 p.m. PAMELA R. UBRIG CITY CLERK 27 P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN D ECEMBER 19, 2016 SPECIAL MEETING held Monday, December 19, 2016, at 5:30 p.m. in room 404, City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison-Aasby, and Mayor Steve Cummings EXCUSED: Council Member Benjamin Stepanek ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; James Rabe, Director of Public Works; and Allen Davis, Director of Community Development Council Member Stepanek arrived at 5:34 p.m. A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Resolution 16-573 Reject Bids Public Works Contract 16-32 – Buckstaff Foundation Removal and Authorize the Department of Public Works to Perform Foundation Removal and Site Preparation Work at 1118 S. Main Street (Former Buckstaff Property) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Mr. Rohloff stated during negotiations with the former Buckstaff property owner and the bank it had been decided the City would be responsible for slab removal. He explained City staff had estimates prepared and the anticipated cost had been approximately $250,000. He stated during the bid process the City had received a single bid for slightly under $500,000. He explained City staff had been evaluating options to complete the job at a cost closer to the $250,000 budget. He stated they had originally not wanted to commit City staff to the project as winter weather could pull the public works department away from the site. He explained further discussion resulted in the potential for 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016 individuals to be reallocated to assist public works in snow removal in addition to removal of the rubble. Allen Davis, Director of Community Development, stated the City was continuing to monitor the demolition process. He explained the site had two lots and the City planned st to create the first buildable site by March 1. He stated the remaining buildings would not be demolished until the end of March and their foundations removed thereafter. He explained it was a two stage process. Council Member Herman questioned if there were any additional costs anticipated. Mr. Davis stated he was not anticipating additional costs. Council Member Herman questioned if the cost included both stages of the project. Mr. Davis stated yes. He explained the cost covered both lots. Council Member Herman questioned if funds were being taken from the CIP and state trust fund. Mr. Davis stated yes. Council Member Herman questioned if the grant funds of $150,000 were being utilized for the project. Mr. Davis stated yes. Council Member Herman questioned if the company that bid explained why the bid was higher than what the City had anticipated. Mr. Davis stated he believed it was based on the time of the year and how quickly the City needed the work done. Mr. Rabe stated the company had indicated the bid was based on the amount of available working days in January and February. He explained a considerable amount of overtime st had been factored in to allow for the work to be completed by March 1. 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016 Council Member Pech stated he understood City staff would complete the work. He questioned if there would be an impact to everyday operation of the City. Mr. Rabe stated public works had coordinated with several departments to allow for everyday operations to remain unaffected while the project was in process. Council Member Pech questioned if the proposed budget would support the project. Mr. Rabe stated the only additional costs would be equipment rental and disposal of materials. He explained the biggest backhoe the City owned was not large enough to complete the work. He stated there would not be additional cost implications for utilizing staff from multiple departments. Council Member Pech questioned if City staff was able to operate the rented equipment. Mr. Rabe stated yes. st Council Member Herman question if the March 1 deadline had been set to accommodate the possible acquisition of the Milwaukee Bucks D-League team. Mr. Davis stated yes. Council Member Herman questioned if the plans for the project would change if the City was not awarded the team. Mr. Davis stated the project would still continue but the timeline would be able to be relaxed. Council Member Palmeri questioned if the timeframe would allow for potential remediation. Mr. Davis stated City staff would be back filling the foundations and the remediation would be determined after the second phase of the project. Council Member Pech questioned if the remediation needed to take place after there was a plan for development. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016 Mr. Davis stated yes. Council Member Pech stated regardless of what would be built on the site, the site would have to be prepared. Mr. Davis agreed. Council Member Herman questioned if there were DNR grants that would assist in the cost of future remediation. Mr. Davis stated it was possible but due to a tight timeframe it was unlikely that City staff would be able to have the grants submitted and approved. Council Member Pech questioned if the City would be able to apply for the grant, complete the work and then be reimbursed. Mr. Davis stated not with the DNR. Council Member Herman stated it had been proposed that $10,000 would be allocated from the Community Development Block Grant. He questioned what impact that would have on the program. Mr. Davis stated it would not have an impact on the program. He explained funds could be used for tipping fees and would not require additional federal requirements therefore City staff decided that would be a safe source of funding. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016 Ordinance 16-574 Waive Bidding Requirements & Authorize the Purchase/Rental of Equipment, Materials, Supplies and or Contractual Services to Assist The Department of Public Works in the Performance of Foundation Removal and Site Preparation Work at 1118 S. Main Street (Former Buckstaff Property) (Staff Recommends Waiving the Rules and Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Mr. Rohloff stated ordinance 16-574 would allow for the project to continue efficiently. Mr. Rabe explained the most significant anticipated expense was equipment rental. He stated there was a possibility in the event of a large snow storm that City staff may need assistance hauling snow and would require temporary contractual services. Council Member Panske questioned how Council would be kept up to date on potential expenditures. Ms. Lorenson stated the ordinance specified that the City Manager would report any purchases made under the ordinance. Council Member Panske questioned when Mr. Rohloff would report the purchases. Mr. Rohloff stated he would report to Council at each Council meeting throughout the duration of the project. He explained authorizing the unforeseen purchases ahead of time would allow for the project to continue efficiently. 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – D ECEMBER 19, 2016 MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED OT THE NEGOTIATION OF AN AGREEMENT FOR THE SALE OF 1118 S. MAIN STREET (THE FORMER BUCKSTAFF PROPERTY); AND PURSUANT TO SECTION 19.85(1)(C) 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) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Pech; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 5:48 p.m. PAMELA R. UBRIG CITY CLERK 6