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HomeMy WebLinkAbout_Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN N OVEMBER 9, 2016 REGULAR MEETING held Wednesday, November 9, 2016, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison-Aasby, Caroline Panske, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Stepanek read the Invocation. The Pledge of Allegiance was led by Anna Giannopoulos and Kyla Huff from Valley Christian School. I NTRODUCTION OF P UBLIC W ORKS S TAFF Mr. Rabe stated it was customary to introduce new supervisors to Council. He explained many of the new supervisors were existing City staff who had achieved promotions. He introduced Bob Johnson, Water Distribution Manager, who accepted the position on September 1, 2016. He explained Mr. Johnson will report directly to Steve Brand, Utilities Manager. He stated Mr. Johnson had been the Assistant Water Distribution Manager for three years and had previously held several positions within the department since joining Water Distribution in 1981. He introduced Pete Gulbronson, Environmental Compliance Manager, who accepted the position on August 3, 2016. He explained Mr. Gulbronson would work closely with the water filtration plant manager and the wastewater treatment plant manager on various environmental issues. He stated Mr. Gulbronson would report directly to Steve Brand and had joined the Engineering division of Public Works as a civil engineering supervisor in March of 2007. He introduced Justin Gierach, Civil Engineering Supervisor, who filled the position vacated by Mr. Gulbronson. He explained Mr. Gierach would report directly to Steve Gohde and had joined the Engineering division as an Engineering Aide in September of 2009 and had filled various Engineering positions since that time. He explained Laura Jungwirth had accepted the 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Principal Engineer position in the Stormwater division that had been vacated by Mr. Gierach. He indicated Ms. Jungwirth would report directly to John Ferris, Civil Engineering Supervisor. He stated Shane Lehr, Wastewater Treatment Supervisor, had accepted the position on September 1, 2016. He explained Mr. Lehr would report directly to the Wastewater Treatment Manager. He joined the wastewater treatment plant staff as an industrial electrician in March of 2016. Council Member Allison-Aasby stated it was enjoyable to meet staff in addition to department heads and congratulated the group on their achievements. P UBLIC H EARING 2017 C ITY BUDGET Bob Cornell, 548 W. Smith Avenue, stated he was concerned with the Parks Department Budget specifically Senior Services. He explained he was the Vice Chair of the Senior Center Advisory Board and was concerned about the diminishing support for senior services. He stated he understood that there were services such as fire and police protection, upkeep of roads and development that took priority over the Senior Center. He explained the Senior Center was experiencing significant cuts in the 2017 budget due to non-renewal contracts for rent. He stated he was not present to request the Senior Center’s budget be dramatically increased but wanted to remind Council not to forget about the significance of senior services. nd Jim Meyer, 150 W. 22 Avenue, stated he was a volunteer with the Senior Center. He provided Council with a brochure on a lifestyle wellness program he helped facilitate and design to help individuals lose weight and manage medication and promote wellness. He stated he had personally participated in the program and lost 5 inches around his waist and over 20 pounds. He explained each session brought in an expert in the topic. He stated participants were required to commit to the program for 8 months and paid a fee to cover the room rental cost, program materials, and the fitness coordinator to be present and did not pose a cost to the Senior Center. He explained the wellness program and the tour group in addition to other programs were dependent on the Senior Center to continue. He stated the Senior Center was losing significant funding in 2017 due to the discontinuation of two renters and fundraising activities not doing as well as anticipated. He explained they were actively developing programs to raise capital but it would take time. He stated most participants at the Senior Center were on a fixed 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 income and depended on the Senior Center for physical wellness, socialization, mental health and self-esteem. He explained he was concern after witnessing the discontinuation of the Thompson Center in Appleton that the 4,000 seniors who utilize the Senior Center would no longer have a place to go. He asked for Council’s help until they could begin programs to raise capital. Gary Gray, 815 W. Linwood Avenue, stated budgeting was a difficult and complex task and sometimes it could be difficult to see obvious answers to issues. He explained the proposed 2017 tax rate was approximately doubled the 2016 tax rate. He stated the tax rate in Oshkosh was substantially higher when compared to other Wisconsin cities. He explained he believed a number of people were grateful for the state’s limit regarding expenditure restraint because if it were not in place he believed the 6 percent increase would be greater. He stated he did not see any areas where the Council could make substantial changes to the budget. He explained he believed it to be unfortunate that the budget process did not allow for citizens to participate. He stated within the population there may be individuals who had ideas on improving the budget. He explained to some the 6 percent increase may not be significant but to median income individuals it could have a major impact. Paul Schmidt, 1025 Bayshore Drive, stated he was present to address the installation of new sidewalks on the south side of Bayshore Drive. He explained he had questioned City staff why the sidewalks were being proposed and had been told if new streets were installed without sidewalks the cost of the addition of the sidewalks was automatically included in the budget and it would then be up to Council whether or not to approve them. He stated there were a number of properties on Bayshore Drive with landscaping that would be affected by the installation of sidewalks. He explained there were properties that would lose the enjoyment of greenspace. He stated he did not understand the purpose of the sidewalk especially considering the cost involved. He explained he believed it was a dangerous street for speed. He stated he had been involved in an accident resulting from a car speeding down the road. Council Member Allison-Aasby thanked Mr. Schmidt for speaking and informed him because they were holding a public hearing on the budget they were limited to discuss how the sidewalk installation would impact the proposed CIP budget. Mr. Schmidt indicated he was present to ask Council to consider removing the sidewalk installation from the budget. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mayor Cummings stated he lived on Bayshore Drive and those who tended to speed were the residents of Bayshore Drive. D IRECTION TO S TAFF ON AMENDMENTS TO PROPOSED BUDGET Council Member Herman asked for an explanation of lines 17, 18, 19 and 20 on the second page of the proposed amendments. Trena Larson, Director of Finance, stated the amendment was proposing recovering the full cost of supplying professional public services to all events in Oshkosh such as Country USA, EAA, and Lifefest. She explained it was incorporating the existing charges into a new budget for that purpose. She stated that summarized items 17 through 20. She explained items 21 through 26 were in reference to adding the charges due to the components of the Walker parking study that were passed by Council. Council Member Herman asked for clarification regarding the items attributed to the Convention Center. Mr. Rohloff stated the City did not currently have a special events fund and funded some events through the Convention Center fund. He explained routing the public safety service cost through the Convention Center fund resulted in avoiding expenditure restraint problems. He stated the beneficiary of the services would then be paying for expenditure concerns such as overtime. Council Member Herman questioned if his understanding was correct; that if an event such as Gus Macker required police presence they would pay a fee for that presence which would be put into the Convention Center fund and later be used to pay for the expenditure of police officer’s overtime due to the event. Mr. Rohloff stated that was the general idea. He explained City staff was not proposing to do this for every special event and needed to come up with a long term strategy on how to comply with expenditure restraint. He stated when large events would come up they wanted the expenditure to not affect the general fund but would still like to be able to provide the service. He explained that it would also enable the police department to provide fatigued staff with relief. He stated City staff was providing Council a draft and encouraged Council to provide suggestions and ask questions. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Herman questioned in regards to items 9 and 10 ‘parks add trade tech’ if there was more than one position being added. Ms. Larson indicated one position was being created and the two lines referenced the salary and the benefits of the position. Council Member Panske questioned if the additional $5,000 BID contribution was a onetime contribution or an annual contribution. Mr. Rohloff stated the seasonal help was an item the BID requested the City to consider and would hopefully be a permanent item that would be paid for by the BID in the future. Council Member Panske questioned if the $5,000 was in addition to the $20,000 proposal. Mr. Rohloff stated no; the BID was packaging how they would like their $20,000 allocated. He explained the BID proposed to contribute $20,000 for next year and an additional $5,000 would come from one of the TIFs. He stated the City needed $10,000 for public education, $10,000 for signs and $5,000 for enforcement. He explained the BID was asking Chief Smith to look at options at what $5,000 will get the BID in terms of enforcement. He stated the Chief’s tentative answer was not much because if you divide $5,000 into 50 weeks that results in only $100 per week allocated towards enforcement. He explained if the Chief stated that was not feasible the BID would withdraw the $5,000 request and City staff would make the adjustment. Council Member Herman questioned how parking enforcement was currently being handled. Chief Smith explained parking enforcement was taken care of by the Community Service Officers however it was on an ad hoc basis. He stated CSOs were often pulled off of parking enforcement to work a special event or traffic situation. He explained the police department did not currently have staff dedicated to parking enforcement. He stated a parking enforcement officer worked from 2 a.m. until 5:00 a.m. to monitor overnight parking. Council Member Herman stated he had seen the parking enforcement vehicle in operation during the day. Chief Smith stated he did not have a parking enforcement vehicle in his fleet. Mr. Rohloff explained there were three packages present in the proposed amendment. 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 He stated City staff would make changes based on recommendation from Council and then provide Council with an updated package prior to Council consideration on nd November 22. Mayor Cummings questioned when City staff would like the feedback. Ms. Larson stated she would prefer the information by Friday morning if possible. Council Member Allison-Aasby questioned what time Friday morning. She explained Council worked more efficiently with deadlines. Ms. Larson stated 8:00 a.m. Friday morning. Council Member Palmeri stated she appreciated the package that had been presented. Mr. Rohloff explained there had been considerable work involved to present solutions that did not increase taxes or damage expenditure restraint but addressed the service issues that both Chief Smith and Chief Franz had concerns about. C ITIZEN S TATEMENTS TO C OUNCIL th Mark Hageman, 760 W. 10 Avenue, stated he lived in a 10 unit condo building and would be subject to the rental inspection ordinance as a renter. He explained he lived next to an individual who had experienced a welfare check in September of 2016 due to the smell of accumulated garbage. He stated the police department completed a 6 page report and took 37 photographs showing the garbage. He read from the report stating, ‘residence was in dire condition, unable to see any flooring due to debris. Entire residence covered with fruit flies and black flies’ and stated it also addressed his concerns of the smell and fire hazard to the residence. He stated he had taken the police report to the City health department, the inspections department, the fire department and county social services. He explained staff he had met with understood his problem but all had the same answer ‘no City or County agency can enter an owner occupied residence to enforce corrective action regarding a problem like this’. He stated he contacted the condo association who indicated they were also unable to enter a residence. He explained he sent a copy of the police report and a letter to the City attorney’s office. He displayed an official post office certified mail receipt showing the City attorney’s office received his letter on October 19, 2016 and he had yet to receive a response. He stated he would have expected a response stating that the attorney’s office was unable to assist. He explained 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 in the 2015-2016 City Strategic Plan it was stated ‘the City will respond to a citizen’s request equitably and fairly and in a timely, informative, and thorough matter’. He stated he did not support the ordinance as it was not fair that the individual living next to him in an owner occupied dwelling could live in filth with no repercussions while he as a renter would be subject to inspections and enforcement. He stated the ordinance was supposed to ‘improve the health and safety of tenants’. He questioned how, as a tenant, his health and safety was improved when he shared a six inch wall with an owner occupied health and safety hazard. He stated on September 12, 2016 Mr. Davis stated it ‘came down to the health and safety of tenants and visitors’. He questioned why a tenant should be subject to a health and safety inspection when the City would not enforce the same health and safety requirements on an owner occupied residence. He thanked Council Member Panske for voting ‘no’ on the ordinance. C ONSENT A GENDA Report of Bills by the Finance Director Resolution 16-508 Approve Change Order No. 1 for Public Works Contract No. 16-16 with Vinton Construction Co., for Seniors Center South Parking Lot Improvement (+$70,435.88) Resolution 16-509 Approve Amendment No. 2 to Professional Services Agreement with AECOM Technical Services, Inc. for Environmental Services, Permitting, Parking Lot Design, Preparation of Special Conditions for Construction Documents, Bidding Assistance and Construction Management for Proposed Parking Lot Improvements at Existing Lot Adjacent to the Seniors Center South (+$2,557.50) Resolution 16-510 Approve Engineering Services Agreement with CH2M HILL Engineers, Inc. for Lead Service Line Replacement Program Engineering Assistance ($77,380.00) Resolution 16-511 Award Bid for Public Works Contract No. 16-30 to Insituform Technologies USA, Inc. for Sanitary Sewer Lining ($252,673.74) Resolution 16-512 Approve Agreement with Ground Effects of WI, Inc. for 2016/2017 Snow & Ice Removal 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Palmeri requested to remove 16-512 from the Consent Agenda for separate consideration. Resolution 16-513 Approve Amendment No. 1 to Professional Services Agreement with AECOM Technical Services, Inc. for Design Services for South Park Area Basin Retrofit (+$53,350.00) Resolution 16-514 Approve Agreement with JWC Building Specialties, Inc., for Repairs to the Moveable Wall System at the Oshkosh Convention Center ($51,765.95) Resolution 16-515 Approve Appointment to the Oshkosh/Winnebago Housing Authority MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 16-512 (Pech; second, Herman) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Resolution 16-512 Approve Agreement with Ground Effects of WI, Inc. for 2016/2017 Snow & Ice Removal MOTION: LAYOVER TO NOVEMBER 22, 2016 COUNCIL MEETING(Pech; second, Panske) Council Member Pech withdrew his motion to layover resolution 16-512. MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Stepanek, Pech, Herman, Allison-Aasby, Panske, Mayor Cummings Noes (1) Palmeri Brad Crook, 622 Frederick Street, stated he was present to discuss the City accepting a bid from Ground Works. He explained he had experienced an incident with the company during the summer as they completed green scape work. He stated company staff had been brought to the site and shown the areas of concern. He explained when a company was employed for landscaping they needed to consider aesthetics in addition to 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 structural integrity. He stated when he pointed items of concern out to company staff he was laughed at. He explained when he told the company the work was substandard a member of the company confronted him in an unprofessional manner. He stated he could understand if the staff disagreed with his comments but did not believe it was appropriate to become aggressive. He explained the unprofessional manner continued at the subsequent jobsite they visited. He stated he was concerned with how the company staff would interact with the individuals having snow removed. He explained the level of professionalism required to place a bid with the City should be exceptional and Ground Works did not meet this level of professionalism. He stated he understood Ground Works was the lowest bid but the City would get what they paid for. He stated there had been correspondence involved and Council and public works employees had been made aware of the actions of Ground Works. He explained he did not want Council to consider Ground Works for future jobs. Council Member Pech asked for an explanation of the correspondence and when the incident occurred. Mr. Crook stated he was from Middle Village and they had two green scapes landscaped by Ground Works. He explained in regards to correspondence he believed Mr. Palmeri had written an email regarding Ground Works. He stated he had additional correspondence from coworkers stating the landscaping did not look as it should. He explained he had been informed by Engineering that it was structurally sound but he did not believe it was aesthetically pleasing. He explained he had also written an email to the company and copied Council Member Palmeri, Mr. Palmeri, and additional City staff. Council Member Palmeri stated she believed Mr. Davis was presented at one of the incidents. Mr. Crook stated yes and other planning staff or public works staff were present. Council Member Pech stated he believed the resolution should be held over until the nd November 22 Council Meeting. Mr. Rohloff indicated it was important for Council to select a snow removal company prior to the upcoming change in weather. He stated City staff were prepared to answer questions. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mr. Davis stated Ground Effects had been awarded the bid for the two greenspaces in the Middle Village project. He explained it was brought to his attention that there was dissatisfaction of the block work that had been completed. He stated when he and City staff went to visit the site and found the dissatisfaction was with the aesthetics and that the work was structurally sound. He explained they requested to view the instructions from the block manufacturer on how the block should be installed but were told it was up to the mason on how the block was installed. He stated there were multiple conversations during the project regarding the quality of the work. He explained there were sharp words exchanged between Mr. Crook and the representative from Ground Effects regarding the quality of the work. He stated he had been disappointed to see that as a City employee reviewing what the contractor had done. Council Member Palmeri questioned if Elizabeth Williams, Associate Planner, was present. Mr. Davis indicated she was not. Council Member Palmeri stated she had been copied on a number of emails regarding delays to the project and in one such email Ms. Williams had indicated that the company was unresponsive. She explained she believed it had not been a single incident but a continuous display of discourteous communication throughout the project. Mr. Davis indicated there had been a lack of responsiveness. He stated phone calls had not been returned to City staff in a timely manner. He explained Ms. Williams had expressed frustration to him. Council Member Panske questioned if there were any specific citizen concerns regarding the company’s snow and ice removal. Mr. Rabe stated Ground Effects had received the snow and ice removal contract numerous times over the past several years. He explained City staff had not received any specific complaints regarding the company’s work in the past. He stated he was aware that in the past the company had been approached by very angry members of the public and had responded appropriately to those incidents. He explained the experience of City staff with the company in regards to previous ice and snow removal contracts had not been the same as what was being described regarding the landscaping project. He stated 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 that was why when he reviewed the pre-qualification forms he felt comfortable pre- qualifying Ground Effects for the ice and snow removal contract. Council Member Herman asked if there had been issues with the Middle Village contract from the beginning. Mr. Davis explained several components of the project had taken longer than City staff and the neighborhood had expected. He stated the issues began with the design of the project and continued into the bidding and construction phase. Council Member Allison-Aasby questioned when the last time the City had a contract with Ground Effects for snow and ice removal. Mr. Rabe stated it had been the winter of 2014 / 2015. He distributed a list of companies that had received the snow and ice removal contract since 2002 and a cost comparison. He stated there was no guarantee as to how much work will be a part of the contract as the contract would be in response to citizens who complained to the engineering division regarding individuals who had not cleared their sidewalks within 24 hours of the snow stopping. Council Member Pech questioned if the fees that were charged for the service were billed to the property owner. Mr. Rabe stated yes. He explained a citizen would call the engineering department regarding a sidewalk that had not been shoveled and City staff would take photographs to verify the validity of the complaint. He stated once the complaint was validated a list of properties would be provided to the contractor who would remove the snow. He explained all costs associated with the snow removal would be billed back to the adjacent property owner in addition to an administrative fee. Council Member Pech asked for clarification that related to snow removal City staff had not received any negative feedback. Mr. Rabe stated he had not received any. Steven Gohde, Assistant Director of Public Works, stated they had received complaints regarding the practice as people did not feel it was justified and did not want to pay but 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Ground Effects had not had any issues regarding customer service or work related complaints. Council Member Pech questioned if other contractors had experienced similar complaints from individuals not wanting to pay for the service. Mr. Gohde stated he received similar complaints every year. He stated there was a contractor on the comparison list provided by Mr. Rabe that he would not recommend but that was not the case with Ground Effects. Mayor Cummings questioned if the City had used Ground Effects for other projects aside from the greenspace in Middle Village. Mr. Davis stated he had not used them for other construction projects. Mr. Rabe stated they had been subcontracted but had not held City contracts for construction activities. Mr. Rohloff questioned if they had been used for RDA properties. Mr. Davis stated the RDA had utilized Ground Effects for grass cutting and snow removal for the past three years. He explained they had completed those assignments without any concerns. Council Member Palmeri stated she understood there was an $8 difference between the first and second bidder. She explained she was aware there was a history of contracts with Ground Effects in the snow and ice removal capacity but she was concerned that the City was rewarding with the honor of serving the City with pay after having negative and unprofessional experiences with both City staff and neighbors. She stated regardless of the type of project she believed Council should have the option of looking at another bidder. Council Member Allison-Aasby stated she did remember speaking with a number of residents of Middle Village and City staff regarding frustrations with Ground Effects. She explained she was aware it was two distinct types of work and was a budget concern but stated she struggled rewarding bad behavior with taxpayer dollars. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Mayor Cummings questioned if it had been Ms. Williams who was directly involved with the Middle Village project. Mr. Davis stated yes. Mr. Rohloff stated he was concerned that the season for snow removal was quickly approaching. He explained Mr. Rabe had provided the cost analysis for the bidders and Council could award a different bidder. He stated City staff wanted to ensure there was a contractor in place in the event of snowfall. Council Member Pech questioned if a representative from Ground Effects wished to speak. Charlie Boelter, a representative from Ground Effects, explained the company had not received a site plan or a grade plan that they had requested from Ms. Williams. She stated the day before they were to begin construction they were told the plans had changed again and were to begin construction on the Franklin and Ida Street area. She explained the company completed that work without any complaints. She stated they held a neighborhood planting day where only one neighbor attended and therefore determined there was no neighborhood support. She explained they then began work on the area of Central and Parkway. She stated during the construction phase in the spring there had been no feedback provided to the company until the end of the project. She explained they had been called to a meeting at the site to address concerns. She stated her partner, Chris, attempted to discuss the situation with Mr. Crook, but was continually interrupted. She explained Chris then ‘charged’ at Mr. Crook but did nothing other than getting into Mr. Crook’s personal space. She stated Ground Effects had not designed the space and had built it according to the picture provided. She explained they had provided color options to the neighborhood which was taken to the neighborhood association meeting. She stated they did not begin construction until Ms. Williams confirmed the type of block they were to use. She explained it had been a single altercation and had expressed apologies in an email. She stated in regards to unresponsiveness the company had been instructed not to respond to the neighborhood but to respond to the City which she indicated they had done. Council Member Palmeri questioned who Ms. Boelter understood had been responsible for communication regarding the community planting day. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Ms. Boelter stated she did not know but was aware there were signs all over the neighborhood advertising it. Council Member Allison-Aasby questioned if it was true that the company did not receive site plans at the appropriate time prior to beginning their work. Mr. Davis stated he was not able to answer that question on the spot. He explained he was aware there was a concept plan complete and that the company requested additional information but he would need to confer with Ms. Williams to gather the details. Council Member Pech stated he was not condoning the behavior but did understand how conversations can get heated. He explained he believed it was one incident and that Ground Effects had heard the concerns that evening and hoped they took it seriously. He stated he believed there may have been mitigating factors that raised the tension. Council Member Allison-Aasby stated she concurred with Council Member Pech but wanted Ground Effects to be on notice as when they were awarded a contract they were acting as an extension of the City. She stated if a similar issue were to come up again she did not see how they would be able to award another bid. Mayor Cummings questioned if the company had begun the work without having a plan in hand. Ms. Boelter stated she had requested a plan from Ms. Williams and had not received it therefore the project began nearly a month and a half late. Mayor Cummings questioned if there were written instructions regarding the materials such as brick and stone. Ms. Boelter stated no, that the company had been provided a picture. Council Member Palmeri explained that it was her understanding that it was not a single incident but multiple incidents over several months. She stated it was her understanding that a conceptual plan had been provided to the company. She explained she would not support awarding Ground Effects the bid. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-516 Repeal & Recreate Chapter 30 Zoning Ordinance & Zoning Map Effective January 1, 2017 (This Update Replaces the Existing Zoning Ordinance & Map Adopted in 1997) (Staff Recommends Deferral for Future Plan Commission Review) MOTION: REFER BACK TO PLAN COMISSION (Pech; second, Palmeri) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Council Member Herman asked for an explanation of why City staff requested the ordinance to return to the Plan Commission. Darryn Burich, Planning Services Manager, explained his staff had received feedback from Council and were making adjustments based on those concerns. He stated there were areas of the map City staff recommended changing as well. Council Member Herman questioned if City staff had heard from contractors regarding the proposed ordinance. Mr. Burich stated they had received concerns which was why they were responding with changes. Council Member Herman questioned if they had been significant enough that he believed the Plan Commission needed to address the ordinance again. Mr. Burich stated with respect to some of the mapping changes they were significant. Mayor Cummings explained there had been comments from the Jackson Street Neighborhood Association in regards to the maintaining the historic characteristics of the neighborhood. He stated there had been discussion at the Landmarks Commission meeting regarding looking at historic preservation within the plan. Mr. Burich stated City staff had developed alternatives to the University Transition Overlay zone and would like to get feedback from the Plan Commission. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Palmeri questioned if they had received feedback regarding preferences to the drafted UTO zone alternatives from the Jackson Street Neighborhood Association. Mr. Burich stated he had not. He explained he believed the association’s main goal had been to back off the UTO zone from Jackson and each of the alternatives do so. Council Member Allison-Aasby stated one of her concerns was who held the ultimate decision. She explained she understood that it was proposed that the Plan Commission would have the ultimate decision versus the Common Council and she was uncomfortable with that. Council Member Herman stated he was not comfortable with it either. He explained he believed it should ultimately come back to Council as Council was composed of elected officials and the Plan Commission was composed of appointed officials. Mayor Cummings stated he agreed. Council Member Allison-Aasby stated if City staff or the Plan Commission would like specifics as to her concern she would provide them at a later time. Mr. Burich stated he had addressed those concerns and re-written the language of the ordinance which was ready to go before the Plan Commission. Ordinance 16-517 Modify Parking Regulations on Eagle Street MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings Ordinance 16-518 Approve Request to Annex to the City from the Town of Oshkosh / Olsen Annexation, 2508 Shorewood Drive (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Pech requested waiving the rules to approve the annexation on the first reading. Mr. Burich explained the annexation was being requested due to a failing septic system. Mr. Rohloff indicated it was the second reading so the rules did not need to be waived. Mr. Burich stated they had received notification that the Department of Administration had reviewed the annexation and found it to be within the public interest. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mr. Rabe explained lead water services had been a hot button issue in the news for over a year after the situation in Flint, Michigan. He stated the City had been replacing lead services on the public or utilities side for several years. He explained the City had not previously had a comprehensive plan to address lead service removal on the public and private side. He stated it was important to keep in mind the Wisconsin Public Service Commission does prohibit the City from using utility dollars to replace the services that were owned by the private property owners so it would need to be approached creatively. He explained the City had applied for and received a principal forgiveness loan the Wisconsin Department of Natural Resources for the purpose of private lead water service replacements. He stated City staff was developing a comprehensive program to ultimately replace all lead water services in both the public and private sectors that would involve ordinance revisions. He explained City staff was looking at what other communities have done and would like to develop a pilot program to help define what works best for Oshkosh. He stated they were developing a workshop to provide Council with information on the pilot program. Council Member Palmeri questioned if the workshop would include information on what the City would do to identify the location of the lead service lines on the private side. Mr. Rabe explained that would be a component of the workshop in addition to public education. He stated it was geared towards developing a comprehensive City wide program. 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 Council Member Panske questioned if there was a timeline for the implementation of the pilot program. Mr. Rabe stated ideally City staff would have a plan in place to add to next year’s Capital Improvement Plan. He explained when they had applied for the grant they had indicated the intent of using the street reconstruction program as a test area to develop the pilot program. He stated nearly every private residence adjacent to the streets scheduled for reconstruction in 2017 did have a lead water service. Council Member Panske questioned if the funds from the DNR would be received annually. Mr. Rabe stated they had received $500,000 as a principal forgiveness loan for 2017. He explained they had submitted their intent to apply for 2018 funding and the DNR stated the funds allocated through the Safe Drinking Water Loan Fund Program would only be available for 2017 and 2018 barring any additional funding being applied to the program from the state or federal legislature. Mr. Rohloff questioned when City staff was required to submit additional information to the DNR. Mr. Rabe stated the end of January. He explained they would need to submit plan specification information. He stated they would like to schedule the workshop for th December 13. Mr. Rohloff stated there was some urgency as City staff wanted to be able to provide a plan to the DNR and make maximum use of the $500,000. Council Member Allison-Aasby stated she was concerned as there would potentially be only one Council meeting in December and Mr. Rohloff’s review as on the same evening. She requested providing Council with information as soon as possible. Mr. Rabe stated he would push staff to prepare information to provide Council in th advance of the Friday prior to the December 13 Council meeting. Mr. Rohloff explained there had been a meeting with the BID Board regarding the parking downtown. He stated he believed the result of the discussion reinforced 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 th Council’s previous action at the October 25 Council meeting. He explained the BID Board was scheduled to meet and would be bringing forward their proposed plan for 2017. He stated the budget adjustments reflected the changes that Council approved which included everything in the Walker study recommendation with the exception of paid on street parking. He explained the BID would need to submit that in their budget and plan for the Council to approve. He stated City staff needed to work on the signage and public education components. He explained the BID was willing to commit $15,000 or $20,000 for 2017. He stated the City could utilize TIF funds in order to complete signage and public education. He explained the BID had questioned what Chief Smith would be able to provide in terms of enforcement for $5,000 but divided over a year would not result in significant funds committed to enforcement. He stated City staff would report back to the BID who would then update their plan and budget to be nd submitted to Council on the November 22 Council meeting. Council Member Herman stated he believed the Parking Utility Board needed to review the parking lots and how parking was utilized in those lots. He explained he had received feedback from shop owners stating their concern that paid parking would destroy their business. He stated there had been discussion in past years regarding color coded lots that designated where employees could park. Mr. Rohloff stated there needed to be education provided to the BID to help them understand the finances. He explained members of the BID believed they were paying for debt service. He stated the BID was paying for operational services and there was little debt in the fund. He explained he had spoken with a BID member who believed the lot on the 400 block of Main Street was for employee parking which demonstrated the need for education as this was not the case. Council Member Herman stated he believed paid parking would create nothing but problems. Mayor Cummings stated he had conversations with business owners with shops on Main Street who had requested a workshop with Council, the BID Board and merchants on Main Street. He stated the merchants had indicated they felt disconnected although they were the individuals who made their living on Main Street. He explained the BID would provide their 2017 plan and budget and the only question remaining was if they wanted to commit the additional $5,000 for enforcement. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Mayor Cummings thanked the City Clerk and her staff for an incredible job with Election Day and early voting at the Convention Center. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff explained the engineering services agreement with Professional Services Industries, Inc was in regards to City staff was preparing work for the 2017 Capital Improvement Projects. Council Member Panske questioned if there was a minimum depth for boring purposes and if there was not could it be created. Mr. Rabe explained City staff examined where they intended to place utilities from an elevation standpoint and targeted boring to occur 5 feet below where that placement would occur. Council Member Panske questioned if it was completely utility based. Mr. Rabe indicated that was true for the soil boring. He stated for street design purposes it only took approximately 5 feet to determine what was underneath. He explained the utility depth drove the depth of the soil borings. Mr. Rohloff stated the professional service agreement with AECOM was in regards to relocating the load area to behind Allerton Drive. He stated the environmental study was an item required prior to the City being able to receive funds towards the relocation. He explained the second professional services agreement with AECOM was related to making progress with the Buckstaff property. He explained when the City would take the property over they wanted to have as much environmental work complete as possible. He stated he had been asked numerous questions regarding 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – N OVEMBER 9, 2016 the D-league basketball team possibly utilizing that site. He explained if the City was awarded the team it would be used for that purpose but if were not the environmental work still needed to get complete. He stated the final professional service agreement was in regards to renovations at the Convention Center, specifically with the dividing walls. He stated due to the complexity of keeping the Convention Center open during renovations they had hired the Bold Company for construction management. Council Member Palmeri questioned what the management costs would cover. Mr. Rohloff stated the management costs covered construction management of the entire renovations project not just the dividing walls. He stated the City was closed for the th Christmas holiday on Monday, December 26 and a Council meeting was presently th scheduled Tuesday, December 27. He requested direction from Council so an ordinance could be drafted if the meeting were to be cancelled. Council Member Pech stated he had already planned on the meeting being cancelled. Mr. Rohloff stated City staff would draft the ordinance to cancel the meeting. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY. (Allison- Aasby; second, Pech) CARRIED: Ayes (7) Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Panske, Mayor Cummings MOTION: ADJOURN (Panske; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:55 p.m. PAMELA R. UBRIG CITY CLERK 21 22