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HomeMy WebLinkAbout_Minutes 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