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HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 24, 2019 REGULAR MEETING held Tuesday, September 24, 2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Palmeri presided. PRESENT: Council Members Bob Poeschl, Deb Allison-Aasby, Steven Herman, Matt Mugerauer, Jake Krause and Mayor Lori Palmeri EXCUSED: Council Member Bill Miller ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Allen Davis, Director of Community Development Council Member Poeschl read the Invocation. The Pledge of Allegiance was led by Zulema Belnap & Owen Schulze from Oshkosh North High School. PROCLAMATION Mayor Palmeri proclaimed October 2, 2019 as Take Back the Night day in Oshkosh. Alicia Gehrig from Christine Ann Domestic Abuse Services accepted the proclamation. CITIZEN STATEMENTS Deb Martin, 164 Wyldewood Drive, presented information regarding a new non-profit organization in Appleton and Oshkosh called Breathe Free. She stated the organization assists immigrant families in the community. The brochure and slideshow presentation were filed with the City Clerk's office. Mayor Palmeri questioned if the organization was connected with the 2-1-1 information phone line. PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Ms. Martin explained it was not and thanked Mayor Palmeri for the suggestion. Fred Masten, 124 W. Peckham Street, Neenah, stated he had previously addressed Council regarding funding for recycling receptacles in downtown Oshkosh. He explained he believed additional funding for recycling receptacles and signage was still needed. He stated he believed there needed to be community wide education regarding recycling and littering. He explained he believed location as well as design of recycling receptacles needed to improve. Mayor Palmeri questioned if Mr. Masten lived in Neenah. Mr. Masten stated yes, though not completely. Mayor Palmeri questioned if recycling was something he was working on in the region or just Oshkosh. Mr. Masten stated everywhere. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from September 10, 2019 Receipt of Claims filed with the City's Insurance Company: A) Patricia Hanson for alleged injuries due to an incident on a City bus B) Nancy Schroeder for alleged injuries due to an incident on a City bus Resolution 19-517 Accept Drainage Easement at 3807 Oregon Street (Plan Commission Recommends Approval) Resolution 19-518 Accept Dedication of Street Right of Way for Widening of the East Side of North Koeller Street between Vacated Rath Lane & Oshkosh Avenue (Plan Commission Recommends Approval) Resolution 19-519 Approve Spot Blight Designation; Authorize Redevelopment Authority to Accept Donation of Property at 1124 High Avenue (RDA Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Mugerauer explained he understood the property had a fire and the owner wanted to turn the property over to the City. He questioned what happened to the special assessments related to the property. Mr. Davis stated there were approximately$2,000 in special assessments associated with the property and the current owner would pay those costs upon closing. Council Member Mugerauer questioned what the prospects were for this type of a site. Mr. Davis explained typically City staff demolished the structure and created a site plan for the property prior to listing it on multiple websites for sale. He stated in this case, City staff had already been approached by buyers interested in building a single family home on the property. Resolution 19-520 Approve Employee Health Insurance Agreement with Robin Health Partners & Dental Insurance Agreement with Delta Dental of Wisconsin Council Member Herman requested an explanation of the agreement. John Fitzpatrick, Assistant City Manager/Direction of Administrative Services, explained City staff and a health insurance committee reviewed plan information to ensure the City selected the most economical plan without compromising the quality of benefits. He stated a number of companies would like to work with the City, as the loss ratio was less than .80 percent. He explained this was a credit to the employees and Council. He stated the Three Waves Clinic was a significant benefit and resulted in a decrease in health insurance costs. He explained the change in vendors would not result in a disruption to employees as Robin Health Partners utilized many of the same providers. Council Member Mugerauer stated the clinic had certainly contributed to a reduction in health care expenses and thanked City employees for their efforts in keeping costs low by using the clinic and healthcare program appropriately. Mr. Fitzpatrick agreed and thanked the members of the healthcare committee. Resolution 19-521 Approve Special Event — Oshkosh West High School to utilize City streets for the Oshkosh West Homecoming Parade/October 11, 2019 Resolution 19-522 Approve Special Event—Faith Christian Center to utilize City streets for the Fall Family Harvest Party/October 31, 2019 3 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-523 Approve Special Event — Oshkosh Defense, LLC to utilize City streets for the Oshkosh Defense 5K Run-Walk/November 2, 2019 Resolution 19-524 Approve Special Event—Festival Foods to utilize City streets for the Festival Foods Turkey Trot/November 28, 2019 Resolution 19-525 Approve Special Event — Oshkosh Police Department to utilize Menominee Park & City streets for the OPD Law Enforcement Mental Health & Wellness 5K/May 9, 2020 Resolution 19-526 Approve Block Party—Patricia Waldecker to utilize Melvin Avenue between Grove Street & Oak Street for their neighborhood block party/October 5, 2019 Resolution 19-527 Approve Block Party — Nina Brandes to utilize Cliffview Drive between Graber Street&E. Murdock Avenue for their neighborhood block party/October 19, 2019 Resolution 19-528 Approve Appointment to the Plan Commission Resolution 19-529 Disallowance of Claim by Gretchen Goyke Resolution 19-530 Disallowance of Claim by Sedgwick, Inc. Resolution 19-531 Disallowance of Claim by George Curtis on behalf of Patricia Hanson Resolution 19-532 Disallowance of Claim by George Curtis on behalf of Nancy Schroeder Resolution 19-533 Approve Agent Change, Class "B" Fermented Malt License, Class "C" Wine License, Special Class "B" License & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri 4 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-534 Designate the Intersection of Wisconsin Street & Linwood Avenue as a Four Way Stop Intersection & the Intersection of Wisconsin Street & Viola Avenue as a Two Way Stop Intersection (Viola Stops for Wisconsin) (Traffic & Parking Advisory Board Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri requested an explanation. Mr. Rohloff stated it was the result of Kwik Trip generating additional traffic on Linwood Avenue. Council Member Poeschl explained he served on the traffic and parking advisory board, and they had reviewed the topic for a month. He stated the transportation department had shared information about the potential change with the neighborhood and informed citizens of the scheduled meetings where it would be discussed. He explained there had not been any neighborhood members who had attended to voice concerns. He stated the recommendation to make the change was unanimous amongst the traffic and parking advisory board. Ordinance 19-535 Approve Temporary Closure of Waugoo Avenue & Otter Avenue at the Canadian National Railroad Crossings FIRST READING; LAID OVER UNDER THE RULES Mayor Palmeri requested an explanation of the closure. James Rabe, Director of Public Works, stated the Canadian National Railroad had contacted City staff and requested a closure to allow for work to be completed on the tracks at the crossings. He explained the closures would begin mid to late October and continue into early November. Council Member Herman stated he appreciated their investment into safer crossings. Mayor Palmeri questioned if the closure would last approximately two weeks. Mr. Rabe stated they had requested a closure of up to two weeks for each intersection. 5 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-536 Support Legislative Action at the State & Federal Level to Address Incidents of Mass Violence & Gun Safety Legislation MOTION: ADOPT (Herman; second, Poeschl) Mayor Palmeri explained she had initiated the resolution as a result of participation with multiple groups. She read the resolution in full. She requested a detailed explanation of what the resolution covered. Dean Smith, Chief of Police, stated he believed the resolution covered areas that were important to the community and law enforcement population as a whole. He explained one of the most significant concerns in Wisconsin was mental health issues and being able to address such issues in a comprehensive way that prevented such individuals from going into crisis was important to law enforcement. He stated law enforcement was not the solution for individuals in mental health crisis. He explained a resolution supporting assistance in that aspect was important to law enforcement. He stated reasonable gun safety was important to law enforcement as well. Ms. Lorenson explained the resolution as drafted based on information from the League of Wisconsin Municipalities, the US Conference of Mayors and the League of Women Voters. She stated it was recognized the City had limited authority in this topic,however, could encourage action by the State and Federal legislatures. Council Member Mugerauer stated when Council had previously discussed the topic, he had cautioned being too political at the local level. MOTION: AMEND TO REMOVE LANGAUGE AFTER'GUN SAFETY LEGISLATION,' TO'INCREASED FUNDING' IN PARAGRAPH TWO PAGE TWO OF RESOLUTION 19-536 (Mugerauer; second, Allison-Aasby) Council Member Mugerauer explained he supported calling on legislators to put forth reasonable gun safety legislation and legislation to increase funding for awareness and treatment of mental health. He stated the other talking points included in the paragraph should not be addressed at a local level. He explained they were political issues and Council was a non-partisan entity. He stated the resolution advocated for too many Democratic talking points. Council Member Krause disagreed. He explained he did not believe it was a political issue and the idea behind the resolution was to advocate for making the community safer. 6 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 He stated there was support for reasonable gun control throughout the country. He questioned if Chief Smith believed universal background checks, 'red flag' laws, reasonable waiting period and other items listed would make the community safer. Chief Smith explained it was not necessarily a straightforward answer that those items would make the community safer. He stated he believed responsible legislation at the State level was important for gun safety and allowing law enforcement to respond to those who were in mental health crisis. Council Member Krause questioned if Chief Smith believed crime rate would decrease if firearms were less accessible to those with mental health concerns. He stated last year there were more gun deaths in the United States than vehicle accident deaths. Chief Smith explained he did not have the data to address that topic. He stated it was a broad statement to say there would be less crime if a particular piece of legislation was in place. He explained it would make law enforcement's job easier. Council Member Krause stated there were mental health concerns worldwide, however, the United States had the most access to firearms. Council Member Poeschl explained he appreciated Council Member Mugerauer bringing up the idea of topic being partisan. He stated he did not believe it was a partisan item and he had not been a member of a political party for a number of years. He explained his opinion on the topic had no relation to party lines. He stated the resolution provided legislators with what local leaders believed they should be looking at. He explained it was based on a safety concern and believed it was important to look at all potential tools to take steps to make communities as safe as possible. He stated he had no political affiliation and the safety of community members was his top concern. He explained encouraging legislators to address these concerns was a strong step forward. He encouraged Council to look at the subject from a non-partisan community safety perspective. Council Member Allison-Aasby stated she agreed it was an important topic. She explained she would be more comfortable with language that supported responsible gun laws and mental health awareness. She stated legislation and additional State designated funding related to mental health would make law enforcement's job easier. She explained she agreed with Council Member Mugerauer's suggestion of verbiage. She stated she would like to leave the specifics to legislators, as she was confident they would take steps to put legislation in place. 7 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Herman explained he was not concerned with the language in the resolution. He stated they were all topics that were currently being discussed within the community. He explained he believed the resolution demonstrated that Council believed the issue of gun violence and mental health concerns needed to be addressed. He stated he believed criminals would find a means to purchase firearms even if legislation was in place. He explained he would support the resolution as he did not believe it would have a negative impact to the City, as it simply explained Council was in support of legislation and hopefully an end to gun violence. Council Member Allison-Aasby stated she was confident that her colleagues were in support of ending gun violence. She complimented Mayor Palmeri for bringing the resolution forward, as it was bold, as well as City staff and the groups who collaborated on the topic. Mayor Palmeri explained there was bipartisan support for sensible measures, and the items in the resolution were thoughtfully put together to reflect basic, common sense measures. She asked for an explanation of 'red flag' laws and extreme risk protection orders, and how they would be impactful to Oshkosh. Chief Smith explained as he understood it, 'red flag' laws would not take away due process from citizens. He stated it was his understanding that with 'red flag' laws in place, if a law enforcement officer went to a home of an individual who was in mental crisis, and firearms were present, the officer would be able to remove them. He explained it would not be permanent, however, and would allow the individual to have a due process hearing after the crisis situation had been resolved. He stated he believed it would protect law enforcement, families and the individual who was experiencing the mental crisis. He explained law enforcement frequently dealt with individuals in crisis, which was difficult in and of itself, and when firearms were added to the situation it became even more complicated. Mayor Palmeri stated at a recent conference, Mayor Tim Hanna had shared details regarding a first responder who recently lost his life due to gun violence. She explained she had been struck by the fact that the bus had traveled through Oshkosh 15 minutes prior to the incident, and had the situation unfolded differently, the Oshkosh community may have experienced that gun violence first hand. She stated that realization had pushed her to be bold and she appreciated her colleagues' thoughts on the issue. LOST: Ayes (2) Allison-Aasby, Mugerauer Noes (4) Poeschl, Herman, Krause, Mayor Palmeri 8 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (4) Poeschl, Herman, Krause, Mayor Palmeri Present (2) Allison-Aasby, Mugerauer Resolution 19-537 Approve Tax Increment District No. 38 Project Plan; Designate Tax Increment District No. 38 Boundaries; Create Tax Increment District No. 38 Pioneer Redevelopment (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri explained the plan commission had recommended approval based on consistency with the City's comprehensive plan. Council Member Herman stated he supported the new tax increment district and believed that development of the area was long overdue. He explained the development would bring new and exciting activities to Oshkosh. He stated a number of citizens had informed him that they were pleased with the plans for development. He explained he believed it would be good for Oshkosh. He stated he believed the developers had done their due diligence and the 'pay-go' TIF would put the burden of upfront costs on the developers. Council Member Mugerauer agreed. He stated the Pioneer property had been a topic of discussion in the City for many years. He explained it had previously been a destination point in Oshkosh and he had hopes that it would be again. He stated he understood the developer had hopes that additional funding and development may come to the site, which would be even better. Council Member Poeschl explained he believed a portion of the land had to be considered blighted for a TID, however, thought the property had incredible potential for development. He stated he understood the property had been dormant for a number of years and the structures had deteriorated. He questioned if the site had to be called blighted to provide the tax increment benefit. Mr. Davis stated yes; a TID could only be created under specific conditions, including blight, industrial and mixed use purposes. He explained blight was identified on the site due to environmental conditions, the deteriorated structures and the condition of the fill material on the property. He stated the conditions in the fill were not visible to the public, 9 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 however, the deteriorated structures were. Council Member Poeschl questioned if the years of disrepair leading to the property's current condition was why the property was considered blighted. Mr. Davis stated that was one of the factors. He explained there were a number of blighting factors listed in State Statutes and the island and marina met many of them. He stated there would need to be dredging completed, environmental testing and remediation required, pilings installed on the island to support any kind of structures and existing structures including bridges, parking lots, buildings and the sea wall were dilapidated and needed to be replaced. Council Member Poeschl explained it was his understanding then that although it was a highly developable area, there were items that could not be used in future development due to current condition. Mr. Davis stated yes, although he was uncertain exactly what Council Member Poeschl was describing. Council Member Poeschl explained it was his perception that every time there was a project occurring in the community the City offered a TIF. He stated he understood the City had a limited set of tools to assist with economic development, and he was not stating that he was not in favor of this project or the TIF. He explained he wished there was another economic development tool the City could utilize in a situation such as this, with prime real estate. He stated he struggled with deeming every property the City promoted as blighted when that was not the reality. He explained it may be blighted from a developmental perspective, however, it was a beautiful piece of prime real estate. He stated the City was lucky to have a local developer taking on the site. He explained he was in support of assisting with economic development,however, he would like to do so with promoting the property as opposed to calling it blighted. Mr. Rohloff stated there was a legal definition of blight, which the property met. He explained he believed Council Member Poeschl was questioning if the potential for a development site took away from the definition of blight. He stated it did not. He explained without the TIF, it was likely the development would not occur, as the developer would need a great deal of assistance for it to make economic sense for them. He stated even though a site may have great potential, its current condition was still blighted. Todd Taves, Senior Municipal Advisor, Ehlers, agreed there were only certain 10 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 circumstances that allowed for the creation of a TID. He explained the TID terms, such as timeframe, were dependent on such circumstances as well. Council Member Allison-Aasby stated she wished the City had perfect land to sell, and TIDs were not necessary. She explained some properties, such as the Pioneer property, had deteriorated to the point of being blighted. She stated the developer had significant challenges and substantial construction costs, and she believed for development to occur, the City would need to provide some type of incentive. Mayor Palmeri explained that the City's TIF policy had been updated within the last few years, and one of the items Council had preferred in that criteria was that the payback period would be a maximum of 20 years. She stated she understood because of the blight there was the ability to have a longer term, however, her perspective was just because it was possible did not mean the timeframe should be extended. She explained her concern was that the property had been blighted for so long that Council and City staff were so excited to see a potential development that they may take action on something that was not quite right. She stated she understood that there were a number of complexities and struggles with the property, as desirable as it may be. She explained a compelling piece of the development was public access points. She stated she was struggling to see how the estimated $50 million dollars in tax increments would be generated over the next few years. Mr. Davis explained that City staff had tried to create as much flexibility for Council as possible, which was why the proposed TIF was for 27 years. He stated it would give the City the time necessary to make and pay off the public improvements. He explained there was an elaborate riverwalk planned that would cost in excess of$10 million dollars. He stated environmental remediation would be required as most sites in Oshkosh contained poor soils and contamination. He explained those would be items negotiated in the developers agreement, between Council and the developer. He stated the TID had been drafted as flexible as possible for both Council and the developer. Mayor Palmeri explained there was a$4 million dollar'phase one' and a$4 million dollar 'phase two' described in the Ehlers plan, and it was noted somewhere in the document that the City would be responsible for the sea wall. She questioned if those phases described included an assumption of being able to remedy the sea wall. Mr. Davis stated those costs did not include the sea wall, and if included, the overall cost of the riverwalk would increase. Council Member Poeschl questioned how much the project could change. 11 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Art Dumke, 2020 Menominee Drive, stated he did not anticipate the marina portion of the development to significantly change. He explained his hope for the island was not to have a significant number of residential components; he wanted something to be built that attracted people to Oshkosh. He stated if an investor did not step forward in the near future to develop the island in a different way, they would move forward with the existing plans. Council Member Poeschl stated it was his understanding that within a two/three month window that Council would have a concrete idea of the plans for the island. Mr. Dumke explained the specific plan may not be complete by then, however, the likelihood of knowing the direction of the project would be substantial. Council Member Mugerauer stated he believed this was a unique TID for the City. He explained Council had been asked for a compressed timeframe and the end result of the project was not fully known at this point. He questioned if Mr. Taves had any concerns about the ambiguity of the project. Mr. Taves stated he was not concerned as the creation of the tax increment district only created the tax capturing mechanism to enable projects. He explained Council would still have the ability to question the developers and make decisions based on the developers agreement and other development approval processes. He stated at this stage,the goal was to create as broad of a plan as possible, and include specific protections in the developers agreement. Mayor Palmeri explained she understood that the assumption of generated tax increment was based on full development assumption, which would not occur within the next several months. Mr. Taves stated it was strictly an estimate. He explained if the projected $50 million dollars in generated revenue was not achieved, it would reduce the amount of incentives that were paid. Mayor Palmeri questioned what the phrase 'full development scenario' meant in this situation. Mr. Taves explained it would be the highest and best use situation, and non-descript in terms of particular uses. 12 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Resolution 19-538 Approve Amendment to 2019 Budget for TIF 38 Pioneer Redevelopment MOTION: ADOPT (Herman; second, Poeschl) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri Mayor Palmeri asked for an explanation of the amendment. Mr. Davis stated when the City's budget was created last year, there was not a TIF 38, and to engage any outside assistances, such as Ehlers or other attorneys/financial consultants, generated a cost. He explained while the City received application fees to cover the costs, it needed to be placed in the budget to pay the outside consultants. Mayor Palmeri questioned if it was an eligible project cost. Mr. Davis stated yes, and the funds were collected from the developers to front the initial costs. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Palmeri explained there was a meeting with the Oshkosh Area School District scheduled for October 151h at 6:00 p.m. in room 404. Council Member Poeschl stated he believed it had been determined at the previous Council meeting that transportation would be an agenda item at that meeting. Mr. Rohloff explained that was the only agenda item he had noted so far. Council Member Poeschl stated that discussion may take a full hour. Mr. Rohloff explained that was certainly possible, however, there were other items that may be discussed such as potential collaborations. He encouraged Council to send him any other agenda items they would like to see. Council Member Allison-Aasby stated she was tentatively traveling on that date, however, was trying to make other arrangements. She explained if she was unable to attend she would communicate with Mayor Palmeri. 13 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Mayor Palmeri stated Council Member Allison-Aasby was the Council representative for the transit advisory board, and questioned if she would follow up after the discussion. Council Member Allison-Aasby explained that she would. Council Member Herman stated there would be a closed session immediately following the meeting with the school district to discuss the City Manager's evaluation. He explained he would like to have it complete so any potential budget implications could be planned for. Mayor Palmeri questioned if he expected any information from Council Members. Council Member Herman stated any ideas or suggestions they had been considering. Fred Masten, 124 W. Peckham Street, Neenah, questioned from the audience if that was open to the public. Council Member Herman stated that it was not; it was a closed session. Council Member Krause stated there were significant health related issues documented related to vaping. He explained it was not regulated and had the potential to be dangerous. He questioned what steps Council may want to take to ensure the safety of the community. Council Member Herman stated Council had passed an ordinance related to vaping on school property. He questioned if Council Member Krause was pursuing a vaping ban ordinance for the City. Council Member Krause explained some communities were going that route. He stated he was interested in what could be accomplished from a legal standpoint. Council Member Herman explained an ordinance would be the only option. Council Member Krause stated he believed it may be an option to pursue. He explained there may be businesses who would be impacted, however, he believed ethically they would want what was best for the community as well. He stated he would be interested in having a ban on sales and use. 14 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Mugerauer explained he believed it was worthy of discussion and questioned if the City Attorney could provide legal framework to establish what Council was able to do within the confines of their authority. Ms. Lorenson questioned what kind of a timeline he was requesting as she was short staffed. Council Member Mugerauer stated he did not have a specific timeline in mind; he believed if Council Member Krause was asking about legal ramifications, Council should be aware of the options. Mr. Rohloff explained City staff could work with the League of Wisconsin Municipalities to determine what other communities were doing in regards to vaping. He stated the potential ordinance would be dependent on the scope Council wished to take, and could encompass anything from no sales to no vaping. Council Member Krause stated he was comfortable with taking the time to research the subject. Mayor Palmeri thanked Council Member Krause for bringing the topic forward as health, safety and wellness of the general public should be priority. She stated while she could appreciate City staffing concerns, she believed the League of Wisconsin Municipalities may be able to offer insight. Mr. Rohloff stated he would also check with his professional group to see what other municipalities were doing. Mayor Palmeri explained Council Member Miller was not present and recommended moving the discussion on premier resort tax to the next Council meeting. Council Member Herman agreed. Council Member Poeschl explained approximately nine other communities within Wisconsin were discussing banning conversion therapy. He stated conversion therapy was targeted at converting an individual's preference of sexuality or gender to heterosexuality. He explained research demonstrated the practice led to higher amounts of suicide, depression and mental health struggles. He stated Eau Claire and Superior Wisconsin had banned the practice as it relates to minors. He explained the practice as a whole was banned in Milwaukee, Madison, Cudahy, Shorewood,Racine and Sheboygan. He stated Eau Claire's school board determined that their healthcare providers were not 15 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 permitted to engage in the activity, meaning they would not offer health insurance with a provider that would cover conversion therapy. He explained Sheboygan was the most recent community to pass a ban, and most of the bans had passed with a strong majority of votes. He stated he would like Council to discuss the topic and potentially have a workshop to determine what direction they should take. He explained he believed the topic may fit well with the diversity committee that had been discussed. He stated there were many individuals who believed the practice was taking place within the City, however, it was hard to determine if that was true as it was often protected by confidentiality and HIPPA laws and was often practiced within a church or religious community. Mayor Palmeri thanked Council Member Poeschl for bringing the subject forward. She stated she had received two email requests regarding a conversion therapy ban, and it was her understanding the only aspect the City could act on was related to a business who charged for the service. She explained the other challenge would be enforcement. Council Member Krause stated he thought a workshop would be a great idea. He explained youth experienced a number of challenges and conversion therapy was an unnecessary added difficulty. Mayor Palmeri questioned if Council Member Krause believed a diversity committee should have a workshop or Council. Council Member Krause stated he believed Council should hear from community members and educators. Council Member Poeschl questioned if Council would request City staff to put together a workshop or what direction Council wished to take. Mr. Rohloff stated he would need guidance on who to approach on the subject. He explained City staff would be able to provide insight on the legal ramifications, however, they would need assistance regarding education on the subject matter. He stated he would need direction from Council to begin putting together a workshop. Council Member Poeschl questioned what the status was of the diversity committee. Mayor Palmeri explained the diversity committee would be placed on a future Council agenda after the budget was finalized. 16 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Poeschl stated he believed this topic would fit well with the diversity committee. Mayor Palmeri explained it was her understanding that such a ban was two-fold; it was geared to protect children and create a more inclusive community. She questioned if any of the other communities who had such a ban had information regarding what had occurred as a result of the ban. Council Member Poeschl stated he did not have that information. He explained some of the bans were recent. Mayor Palmeri explained she believed the subject went beyond what Council could seriously give thought to in a workshop. She stated a more focused group might do the topic more justice. Council Member Krause agreed. He explained the committee would be able to thoroughly research the topic and provide Council information so it would be a worthwhile agenda item. Mr. Rohloff stated what he understood was the topic could be one of the first goals of the diversity committee after the City budget was adopted. Mayor Palmeri explained there were other items community members would like to see the diversity committee address. Council Member Krause stated a number of other municipalities had recognized Indigenous Peoples Day as a replacement for Columbus Day. He explained it would recognize the significant history of the area as opposed to the questionable character of Christopher Columbus. He questioned if Council would be in support of replacing Columbus Day with Indigenous Peoples Day. Mayor Palmeri stated she had received a phone call from a leader of a 4-H group at North High School who had requested that Council consider recognizing Indigenous Peoples Day. She explained it sounded as though the group was suggesting it in addition to Columbus Day. She stated she would connect with the group to see what they were requesting. Council Member Krause explained Christopher Columbus never set foot in the United States as he only travelled as far as the Bahamas. He stated he disagreed with an American holiday that celebrated an individual who had never been in America. 17 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Mayor Palmeri questioned if he was requesting a proclamation, a resolution or both. Council Member Krause stated he would like to change the observed holiday. Mr. Rohloff explained that the City did not observe or recognize Columbus Day. Council Member Krause stated he would like a proclamation. Mayor Palmeri questioned if he believed the 4-H group should make a recommendation. Council Member Krause stated yes. Mr. Rohloff explained he would provide the copy of the resolution from Marathon County as a point of reference. He stated he believed the Mayor wanted it to be a learning process for the 4-H group. Mayor Palmeri explained if she understood the request correctly, she believed they were requesting a learning experience. She stated the holiday was October 121h which would give the group a short period of time. Mr. Rohloff explained proclamations were not complicated and as long as he received it by the afternoon of Thursday, October 3rd, it would be possible to have on the October 81h agenda. Council Member Poeschl questioned what prevented a Council Member from doing a proclamation. He stated he did not believe a group was required. He questioned if there was a policy regarding proclamations. Mayor Palmeri explained there was not currently a policy in place. She stated Council had honored other requests in the past as there was not a guiding policy in place on which ones were given out. Ms. Lorenson indicated she had gathered information regarding the topic. Council Member Poeschl explained a Council Member would be able to request a proclamation for Indigenous Peoples Day. Mr. Rohloff stated yes. 18 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 24, 2019 Council Member Poeschl explained he believed that would be a positive message to send to the community. He questioned if Council could come to a consensus about whether there should be a proclamation about Indigenous Peoples Day. Mayor Palmeri explained she had wanted to honor the teaching experience that she believed was being requested. She stated she would share the individual's contact information so Council could form an opinion on what she was looking for. Mr. Rohloff indicated the municipal code was vague in reference to proclamations. He stated at this point, all the code indicated was that the Mayor issued proclamations. Council Member Allison-Aasby explained she understood the Mayor had the authority to issue proclamations, and typically they were presented to an individual or group at the Council meeting. She recommended being thoughtful in selecting the recipient. Council Member Poeschl questioned if larger municipalities routinely did not recognize Columbus Day. Mr. Rohloff stated he believed the Federal government recognized Columbus Day, however,very few municipalities did. He explained there were a limited number of paid holidays municipalities could offer. Council Member Krause stated he believed a proclamation would be an appropriate action. He explained he agreed that Council needed to carefully consider who to present the proclamation to. He stated he viewed it as a learning opportunity to teach people about the history of the country. Mayor Palmeri explained if the 4-H group did not want to go through the learning process and put together the proclamation, Council would draft one and thoughtfully consider who they could invite to accept it. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. 19 PROCEEDINGS OF THE COMMON COUNCIL-SEPTEMBER 24, 2019 CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the status of outstanding issues was included in the agenda packet. He explained the public safety staffing studies were complete and the next phase was the facilities study. He stated Oshkosh Corporation was still planned to open in fall. Mayor Palmeri questioned if there was an opening date selected. Mr. Rohloff stated approximately November 1st. He explained it would not be a publicly noticed meeting as it was a private event so invitations to Council would be limited. He stated there were a number of contract approvals in the Council packet. He explained site plan reviews had been going well, and because the volume had increased a number were sent to Brown and Caldwell. He stated the cost was recovered through site plan review fees. He explained the other two contracts were for geo-technical reviews that were completed annually. MOTION: CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) OF THE WISCONSIN STATE STATUTES TO CONFER WITH LEGAL COUNSEL WHO WILL RENDER ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS OR IS LIKELY TO BECOME INVOLVED RELATED TO FOX VALLEY PRO BASKETBALL INC. AND/OR PROPERTY LOCATED AT 1212 SOUTH MAIN STREET IN THE CITY OF OSHKOSH (Herman; second, Mugerauer) CARRIED: Ayes (6) Poeschl, Allison-Aasby, Herman, Mugerauer, Krause, Mayor Palmeri MOTION: ADJOURN (Mugerauer; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:53 p.m. PAMELA R. UBRIG CITY CLERK 20