Committee of the Whole Meeting Packets

COLUMBUS COMMON COUNCIL – COMMITTEE OF THE WHOLE TUESDAY, APRIL 10, 2018 – FOLLOWING REGULAR MEETING COLUMBUS CITY HALL AGENDA 1. Roll Call 2. Notice of Open Meeting 3. Approve Agenda 4. Citizens Comments on agenda items 5. Discussion on application to keep chickens received for 950 Badger Court 6. Discussion of Proposed Ordinance Regarding New Liquor License Type 7. Review and discuss clay sewer lateral incentive program for 2018 City Street Project 8. Introduction of Revised Harassment Policy Information 9. Update on Eastern Columbia County Joint Municipal Court location 10. Consider and discuss project to improve ADA access at City Hall 11. Continue Discussion on Construction Services/Inspection for Public Infrastructure Projects 12. Convene to closed session pursuant to 19.85(1)(c) considering employment, promotion, compensation or performance evaluation data for any public employee over which the governmental body has jurisdiction or exercises responsibility 13. Adjourn  AGENDA ITEM Committee of the Whole Meeting date: __ April 10, 2018___ Council Meeting date: ___TBD________ ITEM: _ Application for Permit to House Chickens DETAILED DESCRIPTION OF SUBJECT MATTER: Ms. Brenda Francis of 950 Badger Court has submitted an application to house chickens on her property. Property owners within 200 feet of 950 Badger Court were notified of the received application as well as the item being placed on the April 10, 2018 Committee of the Whole agenda. No comments about this application have been received at this time. Section 14-19 of the City Code addresses the Limitation on the number of chickens. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Francis Chicken Application ACTION REQUESTED OF COUNCIL: Consideration of application to house 4 chickens at 950 Badger Court  AGENDA ITEM Committee of the Whole Meeting date: __April 10, 2018 ______ Council Meeting date: _____TBD______ ITEM: _ Discussion of Proposed Ordinance Regarding New Liquor License Type DETAILED DESCRIPTION OF SUBJECT MATTER: In an attempt to foresee the growth and development of the City of Columbus, it has been brought up that the liquor license quota could potentially cause businesses to seek other municipalities if a license is not available/clearly defined in the Code. Wis. Stats. 125.51(4) provides for the Quotas on Class B Licenses and Wis. Stats. 125.51(4)(v) allows for municipalities to issue a license for “A full-service restaurant that has an interior, permanent seating capacity of 300 or more persons” as well as two other business types with requirements (the statutes are attached). The City received direction from the Department of Revenue that stated no Ordinance is required to issue these “above quota” licenses however, we would ask for this license type to be included in the City’s Code and the “interior, permanent seating” portion to be defined. ACTION REQUESTED OF COUNCIL: Discuss proposed Ordinance regarding new liquor license type for the City with definition of what qualifies as “interior, permanent seating.”  Updated 2015−16 Wis. Stats. Published and certified under s. 35.18. April 5, 2018. 125.51 ALCOHOL BEVERAGES Updated 15−16 Wis. Stats. 32 (f) A “Class B” license may be issued only to a holder of a retail 1. Authorized to be issued by the municipality on December Class “B” license to sell fermented malt beverages unless the 1, 1997, under s. 125.51 (4), 1995 stats.; “Class B” license is the kind of “Class B” license specified under 2. Described in par. (b) 1g.; and par. (am) or is a temporary “Class B” license under sub. (10). 3. That are reserve “Class B” licenses. (3m) RETAIL “CLASS C” LICENSE. (a) In this subsection “bar- (br) 1. Except as provided in subd. 2., the number of reserve room” means a room that is primarily used for the sale or con- “Class B” licenses authorized to be issued by a municipality shall sumption of alcohol beverages. be determined as follows: (b) A “Class C” license authorizes the retail sale of wine by the a. Subtract 3 from the number recorded under par. (bm) 1. glass or in an opened original container for consumption on the b. Subtract the number recorded under par. (bm) 2. from the premises where sold. result under subd. 1. a. (c) A “Class C” license may be issued to a person qualified c. Divide the result under subd. 1. b. by 2, except that if the under s. 125.04 (5) for a restaurant in which the sale of alcohol result is not a whole number round the quotient down to the near- beverages accounts for less than 50 percent of gross receipts and est whole number. which does not have a barroom or for a restaurant in which the sale of alcohol beverages accounts for less than 50 percent of gross d. Add 3 to the result under subd. 1. c. receipts and which has a barroom in which wine is the only intoxi- e. Add one license per each increase of 500 population to the cating liquor sold. A “Class C” license may not be issued to a for- population recorded under par. (bm). eign corporation, a foreign limited liability company or a person f. Add one license if the municipality had issued a license acting as agent for or in the employ of another. under s. 125.51 (4) (br) 1. e., 1999 stats., based on a fraction of 500 (d) A “Class C” license shall particularly describe the premises population, but a municipality’s quota is only increased under this for which it is issued. subd. 1. f. as long as the total number of licenses issued by the municipality equals the maximum number of licenses authorized, (e) The annual fee for a “Class C” license shall be determined including under this subd. 1. f. by the municipal governing body issuing the license. The fee shall not exceed $100 and shall be the same for all “Class C” licenses. g. Add one license for each license transferred to the munici- pality under par. (e). (3r) SALES OF WINE BY THE BOTTLE IN RESTAURANTS. (a) Not- withstanding subs. (3) (a) and (b) and (3m) (b), a “Class B” license h. Subtract one license for each license transferred from the or “Class C” license authorizes the retail sale of wine in an opened municipality under par. (e). original bottle, in a quantity not to exceed one bottle, for consump- 2. Notwithstanding subd. 1., if the difference between the tion both on and off the premises where sold if all of the following number of licenses determined under par. (b) 1g. and under par. apply: (bm) 1. is 3 or fewer, the number of reserve “Class B” licenses 1. The licensed premises is a restaurant also operated under authorized to be issued by that municipality is the difference a “Class B” or “Class C” license and the purchaser of the wine between the number of licenses determined under par. (b) 1g. and orders food to be consumed on the licensed premises. under par. (bm) 1., plus one per each increase of 500 population to the population recorded under par. (bm), plus one for each 2. The licensee provides a dated receipt that identifies the pur- license transferred to the municipality under par. (e), minus one chase of the food and the bottle of wine. for each license transferred from the municipality under par. (e), 3. Prior to the opened, partially consumed bottle of wine plus one if the municipality had issued a license under s. 125.51 being taken off the licensed premises, the licensee securely rein- (4) (br) 2., 1999 stats., based on a fraction of 500 population but serts the cork into the bottle to the point where the top of the cork only as long as the total number of licenses issued by the munici- is even with the top of the bottle and the cork is reinserted at a time pality equals the maximum number of licenses authorized. other than during the time period specified in s. 125.68 (4) (c) 3. (c) If territory containing premises covered by a license or (b) This subsection does not apply to a “Class B” license issued reserve “Class B” license is annexed to a municipality and if the to a winery under s. 125.51 (3) (am). Nothing in this subsection municipality’s quota would not otherwise allow a license or restricts a licensee’s authorization for retail sales of wine under reserve “Class B” license for the premises, the quota is increased subs. (3) (a) and (b) and (3m) (b). to include the license or reserve “Class B” license of each prem- (4) QUOTAS ON “CLASS B” LICENSES. (a) In this subsection: ises in the annexed territory. 1. “License” means a retail “Class B” license issued under (d) Detachment of territory decreases the quota of the remain- sub. (3) but does not include a “Class B” license issued to wineries der of the municipality by the number of licenses or reserve under sub. (3) (am). “Class B” licenses issued for premises in the detached territory, 2. “Population” means the number of inhabitants in the pre- except that detachment does not decrease the quota of the remain- vious year determined by the department of administration under der to less than one license per 500 persons or less than one s. 16.96 (2) for purposes of revenue sharing distribution. license. 3. “Quota” means the number of licenses which a municipal- (e) 1. A municipality may make a request to another munici- ity may grant or issue. pality that is contiguous with, or within 2 miles of, the requesting 4. “Reserve “Class B” license” means a license that is not municipality that the other municipality transfer a reserve “Class granted or issued by a municipality on December 1, 1997, and that B” license to the requesting municipality. If the request is granted, is counted under par. (br). the reserve “Class B” license shall be transferred. (am) No municipality may issue a license that would cause the 2. A municipality may transfer or receive more than one municipality to exceed its quota. reserve “Class B” license under this paragraph as long as each transfer meets the requirements of this paragraph, but a munici- (b) Except as provided in pars. (c) and (d), the quota of each pality may not transfer more than 3 reserve “Class B” licenses municipality is the sum of the following: under this paragraph. 1g. The number of licenses granted or issued in good faith by 3. After transfer of a reserve “Class B” license under this para- the municipality and in force on December 1, 1997. graph, the municipality receiving the reserve “Class B” license 1m. The number of the municipality’s reserve “Class B” may issue and renew the reserve “Class B” license in the same licenses determined under par. (bm) 3. manner as other reserve “Class B” licenses that have not been so (bm) The clerk of each municipality shall record the munici- transferred, except that the fee under sub. (3) (e) 4., not sub. (3) pality’s population, as defined in par. (a) 2., and the number of (e) 2., applies upon issuance of the reserve “Class B” license by licenses: the receiving municipality after the transfer. Upon receipt of the 2015−16 Wisconsin Statutes updated through 2017 Wis. Act 185 and all Supreme Court and Controlled Substances Board Orders effective on or before April 5, 2018. Published and certified under s. 35.18. Changes effective after April 5, 2018 are designated by NOTES. (Published 4−5−18)  Updated 2015−16 Wis. Stats. Published and certified under s. 35.18. April 5, 2018. 33 Updated 15−16 Wis. Stats. ALCOHOL BEVERAGES 125.51 issuance fee from the licensee, the receiving municipality shall building; prepares, serves, and sells food to the public; has a sepa- remit this issuance fee to the municipality that transferred the rate dining area with permanent fixtures where table service is license. provided a minimum of 4 nights per week for a minimum of 6 4. Notwithstanding subds. 1. to 3., if a municipality has not months per year; generates more than 50 percent of total annual issued any licenses, the municipality may not transfer any licenses sales revenue from food sales; and is located on a golf course in under this paragraph. a municipality, in Bayfield County, having a population of at least (u) 1. In this paragraph: 400 but not more than 500. For purposes of this subdivision, “golf course” does not include a miniature golf course. No “Class B” a. “Economic development project” means a project or proj- license may be issued under this subdivision after March 1, 2010. ects within a premier economic development district that, alone or If a “Class B” license issued under this subdivision is surrendered together, have an estimated comprehensive new construction to the issuing municipality, not renewed, or revoked, the munici- assessed valuation increase of at least $20,000,000, as established pality may not reissue the license. and certified by an independent 3rd−party appraiser or market research firm that provides a written report regarding the esti- (w) 1. Notwithstanding pars. (am) to (d) and s. 125.185 (5), mated value to be created by the project or projects. the village board of any village in the northern geographical half of Ozaukee County having a population of more than 4,000 may b. “Premier economic development district” means a geo- issue, to any applicant designated by the village board, one “Class graphic area designated under subd. 2. B” license in addition to the number of licenses determined for the 2. A municipality may, by ordinance enacted by at least a village’s quota under pars. (b) to (d). No “Class B” license may two−thirds vote of the municipality’s governing body, designate be issued under this subdivision after August 1, 2008. If a “Class a geographic area within the municipality as a premier economic B” license issued under this subdivision is surrendered to the issu- development district if all of the following apply: ing village, not renewed, or revoked, the village may not reissue a. The geographic area does not exceed 40 acres and the the license, but a “Class B” license issued under this subdivision boundaries of the geographic area are precisely identified in the may be transferred in the same manner as other licenses as pro- ordinance. vided under s. 125.04 (12) (b) 4. b. No part of the geographic area is physically separated from 2. Notwithstanding pars. (am) to (d) and s. 125.185 (5), a city the rest of the geographic area so that, except for public streets, that is immediately adjacent to the southern border of the city of similar community infrastructure, and rivers and other water- Milwaukee and that has an eastern boundary of Lake Michigan ways, each portion of the geographic area is contiguous with some may issue 3 “Class B” licenses in addition to the number of other portion of the geographic area. licenses determined for the city’s quota under pars. (b) to (d). c. The geographic area does not include any land that is zoned 3. Notwithstanding pars. (am) to (d) and s. 125.185 (5), a 4th exclusively for industrial use or zoned exclusively for single− class city located in Dane County having a population as shown family or 2−family residences. in the 2000 federal decennial census of at least 8,000 but not more 3. Notwithstanding pars. (am) to (d) and s. 125.185 (5), a than 9,000 may issue one “Class B” license in addition to the num- municipality that has designated a premier economic develop- ber of licenses determined for the city’s quota under pars. (b) to ment district may issue up to 2 “Class B” licenses in connection (d). with an economic development project within the premier eco- 4. Notwithstanding pars. (am) to (d) and s. 125.185 (5), a 3rd nomic development district, in addition to the number of licenses class city located in Dane County having a population as shown determined for the municipality’s quota under pars. (b) to (d) and in the 2000 federal decennial census of at least 15,000 but not in addition to any license under par. (v) or (w). more than 16,000 may issue 2 “Class B” licenses in addition to the 4. A “Class B” license issued under subd. 3. may not be trans- number of licenses determined for the city’s quota under pars. (b) ferred under s. 125.04 (12) (b) 4. If a “Class B” license issued to (d). under subd. 3. is surrendered to the issuing municipality, revoked, 5. Notwithstanding pars. (am) to (d) and s. 125.185 (5), the or not renewed, the municipality may reissue the license only for town of Wyoming in Iowa County may issue one “Class B” premises located within the premier economic development dis- license in addition to the number of licenses determined for the trict. town’s quota under pars. (b) to (d). No “Class B” license may be 5. A municipality may not designate more than one premier issued under this subdivision after February 1, 2016. If the “Class economic development district under this paragraph. B” license issued under this subdivision is surrendered to the issu- 6. Not more than 2 “Class B” licenses may be issued under ing town, not renewed, or revoked, the town may not reissue the this paragraph for premises within a premier economic develop- license. ment district, regardless of the number of economic development (x) 1. In this paragraph: projects within the premier economic development district. a. “Area base value” means the aggregate assessed value of (v) Notwithstanding par. (am), if a municipality has granted or all taxable property located within the geographic bounds of a issued a number of licenses equal to or exceeding its quota, the capital improvement area on January 1 of the year that is 5 years municipal governing body may issue a license for any of the fol- prior to the year in which such capital improvement area is enu- lowing: merated under subd. 2. 1. A full−service restaurant that has an interior, permanent b. “Capital improvement area” means a geographic area that seating capacity of 300 or more persons. is enumerated under subd. 2. as having an improvement increment 2. A hotel that has 50 or more rooms of sleeping accommoda- exceeding $50,000,000 in the year in which the area is enumerated tions and that has either an attached restaurant with a seating and as being located within a municipality with insufficient capacity of 150 or more persons or a banquet room in which ban- reserve “Class B” licenses to issue a “Class B” license for each quets attended by 400 or more persons may be held. business or proposed business that would reasonably require one. 3. An opera house or theater for the performing arts operated c. “Good faith,” with respect to an applicant’s attempt to pur- by a nonprofit organization, as defined in s. 134.695 (1) (am). chase a “Class B” licensed business, includes an applicant making Notwithstanding sub. (3) (a) and (b), a “Class B” license issued an offer to purchase the business for an amount exceeding $25,000 under this subdivision authorizes the retail sale of intoxicating liq- in total value, without additional significant conditions placed on uor only for consumption on the premises where sold and only in the purchase by either party, after having given notice to all cur- connection with ticketed performances. rent “Class B” license holders within the municipality where the 4. A full−service restaurant that has a seating capacity of 75 business is located, by U.S. mail addressed to either the licensee’s to 100 persons on November 26, 2009; is located in a commercial last−known address or to the licensed premises, of the applicant’s 2015−16 Wisconsin Statutes updated through 2017 Wis. Act 185 and all Supreme Court and Controlled Substances Board Orders effective on or before April 5, 2018. Published and certified under s. 35.18. Changes effective after April 5, 2018 are designated by NOTES. (Published 4−5−18)  2018 AGENDA ITEM Committee of the Whole Meeting date: __April 10, 2018______ Council Meeting date: _____April 17, 2018_________________ ITEM: _ Clay Sewer Lateral Program DETAILED DESCRIPTION OF SUBJECT MATTER: As part of the 2018 City Street Project, there have been proposals and support for a potential incentive program to be offered to property owners adjacent to city street projects for changing out old clay laterals, similar to the lead water lateral program that is being processed by Columbus Water & Light. The City Council has had discussions on this issue as well as staff. City Engineer Jason Lietha offered some thoughts on it, with ideas for the development of a longer term program considering a number of questions and approaches. The memo from the prior discussion is attached (February 6th). The prescriptions that Jason had brought forward included some possible reviews of and changes to policy and ordinance. In the midst of that discussion, there was still support on the Council to move forward. The issue before the City in the more immediate future is the mechanics of a clay lateral changeout program for the 2018 City Street Project. The timing is such that the more refined program will not be in place for the project that is moving this spring and summer. The question is whether the Council would be open to a simpler incentive program that would include a cash refund that would be provided to property owners who produce proof that their clay laterals were replaced with more modern materials. The discussion amongst staff is that a $500 or $1000 incentive would be reasonable if the City were to move forward on the program this year. In order to move forward, a decision should be made as to this approach so that property owners can be made aware and able to take advantage. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Prior memo on Clay Lateral program ACTION REQUESTED OF COUNCIL: Determination of whether a clay lateral replacement program should proceed for the 2018 project.  ATTACHMENT 2018 AGENDA ITEM Committee of the Whole Meeting date: __ February 6, 2018 ______ Council Meeting date: _____TBD ______ ITEM: _ Clay Sewer Lateral Program for 2018 City Street Project DETAILED DESCRIPTION OF SUBJECT MATTER: During the discussions that developed the 2018 City Street Project, it was suggested that a program be developed that would provide incentives to property owners affected by the project to change out their clay sewer laterals. This would be something similar to the lead lateral project that Columbus Water & Light has employed during the past couple of projects. Staff has discussed this concept and agree that to change out old clay sewer laterals is a benefit to the entire system by helping limit infiltration and inflow. If property owners are planning to have their plumbers work on changing out their lead laterals, it would not be a difficult extension of the work by adding the sewer change as well. The question that lingers is the framework of such a program. Staff estimates that it could be as many as 90% of the properties affected by the 2018 City Project would have clay sewer laterals based upon the general age of the homes along the project area. Could the program be set so that a straight reimbursement of the work to replace the laterals be paid when the property owner shows proof of the completed changeout? Could an amount be set for each property owner? A couple of points were raised regarding a potential project that should be noted: - Unlike the lead lateral program from CWL, changing out the clay sewer laterals is not a health concern. While the property owner likely would prefer to have a sewer lateral that functions optimally, hiring out a plumber to change the lateral may not have the same urgency. - As mentioned above, if work is being done to replace the lead water laterals, there isn’t a huge additional cost to do the sewer lateral at the same time. An incentive program should account for these two points. Perhaps a discount on the special assessments could be considered for those who replace their clay sewer laterals. In any case this is where the discussion should go on Tuesday evening. I have asked City Engineer Lietha to provide his thoughts on the issue as well, which are shared below with a few thought provoking questions: 1. Does the City want to apply it to the current 2018 Street and Utility project? If so this may be a one-time approach 2. I would recommend an update to the ordinance and develop guidelines on: a. What qualifies for the City to cost share (only clay, what about bad plastic)?  b. Who determines what laterals need to be repaired? c. Define the length of lateral, (City doesn’t want to replace anything within or under the house) only up to outside foundation d. How much the city will contribute (maximum, percentage)? e. What about laterals that go under fences, patios, sheds, retaining wall, landscaping, pools, ponds, playgrounds, garages? 3. Will the process for approval and reimbursement work like the lead lateral program? a. Will multiple quotes be required? b. Does the homeowner obtain the quotes? c. What if the homeowner wants to take a higher quote (more comfortable with the contractor higher priced contractor experience, can be done sooner, e.g.) 4. Construction a. Is this work done before, during or after street construction? i. Conflict potential between multiple contractors b. Restoration to be included with lateral not street project c. When work is considered complete and when does the City make payment to contractor? (again assuming it is not just a credit) d. If a credit, what happens when the credit exceeds the assessment? If you want to just credit the assessment, I still think there has to be a method to answer some or all of the questions above before reimbursement. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: No Additional Documents. ACTION REQUESTED OF COUNCIL: Discussion of possible sewer lateral replacement program as part of the 2018 City Street Project.  2018 AGENDA ITEM Committee of the Whole Meeting date: __April 10, 2018______ Council Meeting date: _____ TBD ______ ITEM: _ City Harassment Policy Update DETAILED DESCRIPTION OF SUBJECT MATTER: I recently attended the Winter Conference of the WI City/County Management Association (WCMA). At the conference, I attended a session on updates to labor laws. At the session, the City’s own labor attorney Kyle Gulya led a presentation on a number of relevant topics. The topic that stuck to me was his information on harassment. Kyle asked the attendees whether any municipalities had recently updated their harassment policies, most notably sexual harassment. His point was that with the recent public spotlight of sexual harassment cases, it would be worthwhile for communities to review and potentially update our policies on this issue. Kyle then presented a scenario with which hypothetically, an employee of the city came forward a year or two into the future with harassment case, even a sexual harassment case, and part of the investigation revealed an outdated or ignored policy. Those comments hit home with me and thus I determined that an update on the City’s harassment policies would be prudent. Cailin Lueders and I worked on the attached draft policy for your review. Kyle Gulya has reviewed the draft and it is offered for discussion at this point. I believe that the Council can begin by discussing the need for an update and then determine how to proceed. There has been discussion within the realm of the Ad Hoc Committee on Financial Policies to work on other, non-fiscal policies. Perhaps a more in-depth review of this proposed policy could be addressed in that setting, but that determination is in your hands, and whether the Ad Hoc would be appropriate or if it should remain in the Committee of the Whole. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Proposed Draft of Harassment Policy ACTION REQUESTED OF COUNCIL: Review and determine next steps.  SEXUAL AND OTHER UNLAWFUL HARASSMENT, DISCRIMINATION, AND RETALITION POLICY PURPOSE A fundamental policy of the City is that the work place is for performing high quality work and to serve the interests of the City and the public. Employees and officeholders must provide a workplace free from tensions involving matters that do not relate to City business and where employees and other persons as described herein behave courteously and professionally at all times. In particular, an atmosphere of tension created by conduct not related to work—including animosity caused by ethnic, racial, sexual, or religious remarks, unwelcome sexual advances, requests for sexual favors, or similar harassing or discriminating conduct—does not belong in the workplace. The City Council is committed to providing a professional work environment free from unlawful harassment, discrimination, or retaliation. This means that the City will not tolerate any form of unlawful harassment, discrimination, or retaliation, including conduct as defined in this policy directed at an employee or applicant for employment because of his or her sex (including sexual orientation, gender identity, transgender status, and pregnancy), race, color, national origin, age, disability/handicap, religion, creed, genetic information or history, marital status, participation in the military reserve and veteran status, arrest and conviction record, or any other legally protected characteristic. The purpose of this policy is to provide procedures for reporting, investigating and resolving complaints of unlawful harassment, discrimination and retaliation. The City condemns and will not tolerate, condone or allow unlawful harassment, discrimination or retaliation by any employee, elected or appointed officeholder, or non-employees who conduct business with the City. The City considers harassment, discrimination and retaliation of others based on one’s protected status to be forms of serious misconduct worthy of discipline up to and including termination or removal, and other prompt and appropriate remedial response designed to end the prohibited behavior. The City will take direct and immediate action to prevent such behavior and to remedy confirmed instances of unlawful harassment, discrimination and retaliation. Repeated violations, even if perceived as minor, will also result in significant levels of response. To fulfill this policy, the City wants employees, applicants for employment and others to report this behavior and to cooperate in the City’s efforts to eradicate this behavior from the workplace. This policy governs the City’s expectations involving unlawful harassment, discrimination or retaliation based on a protected status. While an employee may be dissatisfied with the decisions of supervisors regarding evaluations, compensation, discipline or other management decisions, such conduct that is unrelated to one’s protected status is not governed by this Policy. Employees are expected to raise those concerns directly to the employee’s supervisor. Individuals protected under this policy include all employees and applicants. Any unwelcome conduct that originates from a non-employee (e.g., elected officeholders, contractors or visitors) will be investigated in accordance with this policy under the authority of the City Council issued through this Policy that has been approved by the Council. 1 UNDERSTANDING UNLAWFUL HARASSMENT, INCLUDING SEXUAL HARASSMENT, DISCRIMINATION, AND RETALIATION Discrimination Discrimination means treatment of a person in an illegal unjust or prejudicial manner based on protected status under the law where no reasonable distinction can be found between those favored and those not favored. Retaliation Retaliation means to discriminate, harass, take tangible employment action against an employee, or otherwise punish or take adverse action against an employee because the employee filed a charge of discrimination, because they complained to the City about harassment or discrimination on the job, or because the employee participated in an employment harassment or discrimination proceeding (such as an investigation or lawsuit). Prohibited Harassment, including Sexual Harassment. Sexual harassment includes unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: • Submission to such conduct is made, either explicitly or implicitly, a term or condition of employment; • Submission to or rejection of such conduct by an employee is used as the basis for employment decisions affecting the employee; or • Such conduct has the purpose or effect of unreasonably interfering with an employee’s performance or creates an intimidating, hostile or offensive working environment. Verbal sexual harassment includes, but is not limited to, sexual innuendos, degrading or suggestive comments, repeated pressure for dates, jokes of a sexual nature, unwelcome sexual flirtations, degrading words used to describe an individual, obscene or graphic descriptions of an individual’s body, or threats that job, wages, assignments, promotions or working conditions could be affected if the individual does not agree to a suggested sexual relationship. Non-verbal sexual harassment includes, but is not limited to, sexually suggestive or offensive sounds, whistling, catcalls, or obscene gestures, sexually suggestive or offensive objects or pictures, inappropriate usage of voicemail, e-mail, the internet or other such communications and actions as a means to express or obtain sexual material, comments, and printed or written materials, including offensive cartoons. This includes any material which inappropriately raises the issues of sex or discrimination or when an employee is treated differently than other employees when they have refused an offer of sexual relations or participation in harassing behavior. Physical sexual harassment includes, but is not limited to, unsolicited or unwelcome physical contact of a sexual nature, which may include touching, hugging, massages, kissing, pinching, patting or regularly brushing against the body of another person. 2 Other forms of unlawful harassment or discrimination include, but are not limited to, persistent and unwelcome conduct or actions or conduct that is objectively unreasonable or offensive and that could result in a hostile or intimidating working environment based on one or more protected statuses according to applicable law. Harassment or other inappropriate behavior can range from extreme forms such as violence, threats, or physical touching to less obvious actions like ridiculing, teasing, or repeatedly bothering colleagues or subordinates or refusing to talk to them. For example, harassment or other inappropriate behavior may include the following types of conduct: • Derogatory or insensitive jokes, pranks, or comments; • Slurs or epithets; • Unwelcome sexual advances or invitations; • Non-verbal behavior such as staring, leering, or gestures; • Ridiculing or demeaning comments; • Innuendos or veiled threats; • Intentionally excluding someone from normal workplace conversations and making someone feel unwelcome; • Displaying or sharing offensive images such as posters, videos, photos, cartoons, screensavers, emails, or drawings that are derogatory or sexual; • Offensive comments about appearance, or other personal or physical characteristics, such as sexually charged comments or comments on someone’s physical disability; • Unnecessary or unwanted bodily contact such as groping or massaging, blocking normal movement, or physically interfering with the work of another individual; or • Threats or demands that a person submit to sexual requests as a condition of continued employment or to avoid some other loss, and offers of employment-related benefits in return for sexual favors. This list of examples is not exhaustive, and there may be other behaviors that constitute unacceptable harassment under the policy. Harassment can happen regardless of the individuals’ gender, gender identity, or sexual orientation, and can, for example, occur between same-sex individuals as well as between opposite-sex individuals, and does not require that the harassing conduct be motivated by sexual desire. Likewise, these same principles hold true for harassment based on other protected statuses where the offending party possesses the same or similar protected status as the victim. The excuses of the offending party, while important, are not necessarily forgiving or tolerable. For example, “I was joking” or “I didn’t mean it that way” are not defenses to allegations of harassment or inappropriate behavior. Nor is being under the influence of alcohol or other substances an excuse for violating this policy. This policy applies to conduct at work and at work-related social events, office parties, off-site work-related activities, and other matters where the work environment is affected by such behavior. Employees and elected and appointed officeholders are expected to be particularly careful about what they say and do in these circumstances and when interacting with one another. 3 RESPONSIBILITIES Responsibilities of All Employees and Officeholders Each employee and officeholder is responsible for assisting in the prevention of unlawful harassment, discrimination and retaliation by the following acts: • Refraining from conduct prohibited by this policy as defined above, including the participation in or encouragement of actions that could be perceived as harassment, discrimination or retaliation based on a protected status; • Behaving courteously and professionally toward others; • Reading this policy and fully understanding and complying with its requirements; • Immediately and thoroughly reporting acts of harassment, discrimination or retaliation or other prohibited conduct through the reporting procedure identified in this policy; and • Encouraging any person who confides that he or she is being harassed, retaliated or discriminated against to report these acts and reporting these acts if they are observed or not reported. Employees and officeholders are expected to cooperate fully in any investigation, whether or not they are directly involved in the incident. They shall not take any action that would discourage another person from reporting prohibited conduct or cooperating in an investigation of alleged prohibited conduct. Responsibilities of Supervisors Each supervisor shall be responsible for preventing prohibited activities as defined above by complying with the above-referenced responsibilities and by: • Monitoring the work environment for signs of harassment, discrimination, retaliation and other prohibited conduct; • Informing employees of the types of prohibited behavior, and the procedures for reporting and resolving complaints of harassment, discrimination and retaliation; • Stopping any observed behavior that may be prohibited conduct and taking appropriate steps to intervene and report behavior, whether or not the involved employees are within his or her line of supervision; and • Taking immediate action to prevent retaliation toward the complaining party or witnesses and to eliminate a hostile work environment where there has been a complaint of harassment, discrimination or retaliation pending the investigation. Each supervisor has the responsibility to assist any employee who comes to that supervisor with a complaint of harassment, discrimination or retaliation by documenting and filing a complaint in accordance with this policy. Failure to carry out these responsibilities may be grounds for discipline. PROCEDURES A. Any employee experiencing or observing harassment, discrimination or retaliation is encouraged, but not required, to inform the person that his or her actions are unwelcome and offensive and that the person should stop such behavior. This initial contact can be either verbal or in writing. The employee should document all incidents in order to provide the fullest basis for investigation if needed. 4 B. Any employee who believes that he or she is being harassed, discriminated or retaliated against or who witnesses such conduct is expected to report the incident as soon as possible to any of the following persons so that preventative measures may be considered and taken to end any prohibited harassment, discrimination or retaliation, and so that appropriate investigative and corrective actions may be initiated: 1. City Administrator; 2. City Clerk; 3. City Chief of Police; 4. City Council President, Mayor, or City Administrator, if such conduct is engaged in by an elected or appointed officeholder of the City; and 5. Mayor or Chief of Police, if such conduct is engaged in by the City Administrator. A supervisor who receives this information from a subordinate must report the information to the City Administrator, City Finance Director, or the Chief of Police. C. The City will determine the appropriate course of action to promptly address the complaint, including any immediate remediation of the behavior. The City may initiate its investigation or have the victim and the accused engage in conciliatory efforts to resolve the matter if acceptable to the victim. The conciliation process is not appropriate for all situations and will not resolve all issues. The conciliation process may be initiated before or after the employee has filed an internal complaint. The conciliation process is voluntary and seeks to resolve problems by allowing the affected parties to present their issues and then assisting them in arriving at effective, reasonable solutions agreeable to all. When solutions have been identified, management will follow up to ensure that the implementation has been carried out and is effective. D. The City Council may initiate an investigation and designate an investigator for any matter involving allegations against a Council member, the Mayor, or an appointed officeholder who is also not an employee. The City Administrator, Chief of Police, or the Council may initiate an investigation and designate an investigator in other circumstances. E. If an investigation is conducted, then the investigator will meet with the victim and other persons having information and document the facts surrounding the incident complained of, including the specific conduct complained of, the persons performing or participating in the conduct, any witnesses to the incident, the dates on which the incidents occurred, and other factual information. The investigator will immediately notify the Administrator, Chief of Police, Mayor, or Council President, whomever is applicable, if the complaint contains allegations that may rise to the level of criminal activity, such as battery, rape or threats. The 5  investigator will maintain appropriate records of the investigation. Upon completion of the investigation, the investigator will inform the complainant of the outcome of the investigation and will present a reporting of the investigation and its results to the body or person that initiated the investigation. The confidentiality of the investigation will be maintained throughout the investigatory process to the extent practical and appropriate under the circumstances. F. The City will take prompt and effective remedial action designed to end the prohibited behavior, which may include appropriate responsive and disciplinary action, up to and including termination or removal. Responsive action may include, for example, training, referral to counseling, or reassignment, and disciplinary action may include, but is not limited to warning, reassignment, suspension, or termination or removal. If the City does not employ the subject involved in the harassing or inappropriate conduct, then that individual will be informed of the City’s policy and appropriate remedial action will be taken. Further, the City will correct any adverse employment action an employee experienced due to conduct prohibited by this policy. In all cases, the City will make follow-up inquiries to make sure the harassment, discrimination or retaliation has stopped. If an employee is not satisfied with the results, or if further harassment or other unacceptable conduct occurs, then the employee should promptly follow the reporting process identified above. The complainant or employees accused of harassment may file an appeal with the City Administrator, Mayor or the City Council President if they disagree with the investigation or disposition. RETALIATION Retaliation against any employee for filing a harassment, discrimination or retaliation complaint, or for assisting, testifying or participating in the investigation of such a complaint, is prohibited by the City and may be prohibited by state and federal law. Retaliation is a form of misconduct. Any evidence of retaliation shall be considered a separate violation of this policy and shall be handled by the same complaint procedures established for harassment and discrimination complaints. Employees who are found to have retaliated against a complainant or witness will subject themselves to severe discipline which shall be separate from, and in addition to, any discipline determined to be appropriate as a result of the City’s findings on the initial complaint. Because of the City’s commitment to prohibiting retaliatory behavior, employees and officeholders should expect that consequences for retaliation will be severe and likely resulting in discipline up to and including discharge or pursuit of removal. This policy does not protect employees from being disciplined for filing frivolous or fraudulent complaints, or for untruthfulness, misleading behavior or lack of candor, nor does it protect them from personal sanctions stemming from defamation suits. TRAINING 6 The City will provide periodic and refresher training concerning the nature of harassment, discrimination and retaliation in the workplace and prohibitions on such actions defined in this policy. Any employee who has any questions or concerns about this policy should talk with his or her supervisor or the City Administrator, City Clerk or Chief of Police. OUSTIDE AGENCIES Employees also have the ability to promptly report any violations of law, including assault, rape, battery or other harm to appropriate criminal law enforcement authorities. Employees may also report their harassment, discrimination or retaliation claims to both State and Federal Agencies. Those contacts are as follows: The Equal Rights Division, Department of Workforce Development, 201 East Washington Avenue, P.O. Box 8928, Madison, WI 53708, Telephone: (608)266-6860; and the U.S. Equal Employment Opportunity Commission, 310 West Wisconsin Avenue, Suite 800, Milwaukee, WI 53203, Telephone: (414)297-1111. 7  2018 AGENDA ITEM Committee of the Whole Meeting date: __April 10, 2018_____ Council Meeting date: _____ TBD ______ ITEM: _ Update on Joint Municipal Court DETAILED DESCRIPTION OF SUBJECT MATTER: Following the City Council’s earlier discussions regarding the location of the Eastern Columbia County Joint Municipal Court, I conveyed the direction of the City to offer spaces in City Hall and the Community Building to the Municipal Court Committee for the location of the court, via a letter. After some time passed with no response, I received a call from the Committee Chair, Chief Mike Klavakoske from Randolph telling me that he would call a meeting of the committee to take up the proposal. The meeting was scheduled for the evening of March 28, 2018 in Fall River. At that meeting I was asked to explain the City’s position and interest in bringing the Court to Columbus, including court space and office space for the Clerk. Court Clerk Karen Schmitt explained that the space could be too small if she had to share with the Emergency Management Director, and there were questions about the costs to covert the space to her needs. I told the group there would be no cost to use either the Court or Clerk office space, but the City would like the Court to assist with the cost to convert it into workable space for her. There were then questions about having the Clerk take the whole office and put the EM Director elsewhere. In my opinion and it was expressed at the meeting, we could make that work with putting Amy upstairs or in another space for her 5 hours per week. The committee members discussed the issue next. Judge Breunig expressed more interest in using the Chambers instead of the Community Building, which I have no problem with and based upon the discussions we’ve had at Council, I don’t think there was strong opposition to that as an option. Comments from Court Committee members we mostly due to concerns about stopping the actions taken to move the court to Randolph. The representative from Lodi asked a ton of questions about the proper Committee procedures and said the meetings are poorly run, there were no minutes and questioned whether there was even a proper quorum at that December to make the vote to go to Randolph. In the end, Alderman Hendrickson and I both requested to the Committee that we be allowed to bring back the cost and space questions to our Council and then return to another meeting for further discussion. There was skepticism by the committee that there would be enough time to bring it back in a timely fashion – even though Regan made a motion to allow Columbus to return in a month with a complete proposal to the committee. That motion failed, 2-6 with Rio joining Columbus in support. There was another motion made that was withdrawn to keep the Court in Randolph. It was realized that the decision was already made to go to Randolph so they thought another motion was not needed. Following the vote, members spoke about Columbus’ proposal, they mostly said they didn’t want to close the door on Columbus and some thought we should bring our proposal back at the next regular meeting, which would be for the budget in September. Chairman Klavakoske expressed that he would consider having another special meeting before then if Columbus came forward with another proposal. Based upon the actions of the Joint Municipal Court Committee at that March 28th meeting, we have a few options to consider which includes further developing a proposal for the Court Committee and again requesting another meeting. We could wait until September as some suggested. Or we factor in all that has happened and talk about breaking away from the Court and creating our own. Potentially, there may be other municipal partners interested in discussing a joint venture on this. I have included my letter to the Joint Municipal Court Committee following our last discussion on the topic on February 20th as further information on this topic. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: February 21, 2018 letter to ECCJMC Committee. ACTION REQUESTED OF COUNCIL: Further discussion on Court Location  2018 AGENDA ITEM Committee of the Whole Meeting date: __ April 10, 2018 ______ Council Meeting date: _____TBD ______ ITEM: _ ADA Access Issues at City Hall Entrance DETAILED DESCRIPTION OF SUBJECT MATTER: We are bringing forward a recommendation to consider a needed repair at the City Hall entrance (new entrance). It involves the mechanics of the ADA access. Recently, a patron to City Hall who was in a wheelchair had trouble navigating the doors and after some investigation it was learned that the mechanism for the doors needed some repair. This person was unable to manually push the second door open in the vestibule. She was trying for over 20 minutes when someone spotted her from the street and helped the person in. From the angle of the camera, staff was unable to see the person struggling. After bringing the matter to staff’s attention, we put ourselves in this person’s position and realized how challenging the manual operation is, entering and exiting the building. Further testing of the doors revealed the doors are currently ADA complaint, but an upgrade to the operation would improve it. This issue was not anticipated and thus not budgeted for 2018. I am hoping we can have a greater discussion at the Committee of the Whole on Tuesday to further determine the need to move forward. A formal quote for the project is attached for your review. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: Quote for repair ACTION REQUESTED OF COUNCIL: Discussion of ADA entrance improvement project  2018 AGENDA ITEM Committee of the Whole Meeting date: __April 10, 2018______ Council Meeting date: _____TBD ______ ITEM: _ Construction Services for Hall Road and beyond DETAILED DESCRIPTION OF SUBJECT MATTER: As per the discussion by the City Council, I continue to work on the process for opening up the construction review services for the City’s upcoming Hall Road construction project. I have appreciated Alderman Kenney’s suggestions and sharing of resources, and I have used them to develop documents that could be used for Columbus. One of the documents involves the ultimate contract that we will use with a future consulting firm for the service. That contract is fairly large and I have asked Atty. Johnson to review it. At this point I do not know if we will be ready to discuss it on Tuesday or not. However, I wish to keep this issue on the Committee of the Whole to provide you with updates and the opportunity for further discussion. As to the Request for Quote document, I am working on it at this time and hope to be able to present it to you on Tuesday night. LIST ALL SUPPORTING DOCUMENTATION ATTACHED: None. ACTION REQUESTED OF COUNCIL: Further discussion on the process to find a firm for construction services for the Hall Road project