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HomeMy WebLinkAboutMinutes1 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST 10, 2021 REGULAR MEETING held Tuesday, August 10, 2021 at 5:00 p.m. in Room 404, Fourth Floor, City Hall Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Courtney Hansen, Bill Miller, Lynnsey Erickson and Mayor Lori Palmeri EXCUSED: Deputy Mayor Matt Mugerauer and Council Member Aaron Wojciechowski ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, and Kelly Nieforth, Interim Director of Community Development MOTION: CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS & TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR MORGAN CROSSING PHASE II PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION (Ford, second, Miller) CARRIED: Ayes (5) Ford, Hansen, Miller, Erickson, Mayor Palmeri MOTION: ADJOURN (Ford, second, Erickson) CARRIED: VOICE VOTE The meeting adjourned at 5:03 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST 10, 2021 REGULAR MEETING held Tuesday, August 10, 2021 at 6:00 p.m. in the Council Chambers, City Hall. Mayor Palmeri presided. PRESENT: Council Members Michael Ford, Matt Mugerauer, Courtney Hansen, Bill Miller, Aaron Wojciechowski, Lynnsey Erickson and Mayor Lori Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney, and Dean Smith, Chief of Police Council Member Ford read the Invocation. The Pledge of Allegiance was led by Council Member Ford. PRESENTATION Jake Bunz, representative of T. Wall Enterprises LLC, gave an overview of the luxury living design concept for the potential development on S. Main Street. He stated the development would include 3 buildings with 77-112 units with a central courtyard, public dog park and various amenities. Deputy Mayor Mugerauer expressed his appreciation on the project updates. Council Member Miller asked if their projects ever had to scale back due to lack of interest in a community. Mr. Bunz stated he had not experienced that, he would check and provide details for past projects that may have had to scale back. Mayor Palmeri asked if any of the units would be handicap accessible. Mr. Bunz stated the first floor units would be handicap accessible and meet the required number per the State code. Tim Hess, Invista Analytics, described the history of Smith School and the proposed development that included 31 low income units. He stated the developer had worked with the Wisconsin Housing and Economic Development Authority (WHEDA) regarding the PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 tax credit program and the ratio with the tenant’s income. He informed Council the developer would like to extend the Tax Increment Financing (TIF). Mayor Palmeri asked if any of the units would be handicap accessible. Mr. Hess explained 50% of the historic preservation units would be handicap accessible per the WHEDA standards. Council Member Erickson thanked the developer for restoring the building. CITIZEN STATEMENTS There were no citizen statements. LICENSE HEARING Resolution 21-393 Approve Combination “Class B” License / Paul Winter /Brass Rail / 1812 Algoma Boulevard– Including Hearing on Non-Renewal of License MOTION: ADOPT (Ford; second, Miller) LOST: Noes (6) Ford, Mugerauer, Hansen, Wojciechowski, Erickson, Mayor Palmeri Ayes (1) Miller MOTION: APPROVE FINDINGS OF FACT (Mugerauer; second, Hansen) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri explained the hearing procedure. Ms. Ubrig stated at the April 27, 2021 and July 13, 2021 Council Meetings, staff was directed to notify the Brass Rail of the City’s intent not to renew their liquor license for failure to comply with Section 4-6 of the City’s Municipal Code Required Use of License. She explained on July 14, 2021 the City Clerk’s office sent a summons and notice of intent to not renew the license issued to the Brass Rail to the registered agent Paul Winter at the address listed on his application. She stated at that time it was determined Mr. Winter was out of the country and the hearing was rescheduled for when Mr. Winter would return. She explained on July 28, 2021 the City Clerk’s office sent out an updated summons and notice of intent not to renew their liquor license dated for the hearing on August 10, 2021 when Mr. Winter stated he would be available to appear before Council. She clarified PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 3 copies of the affidavit and official documents had been provided in the Council Agenda. She stated the summons and notice was served to Mr. Winter on July 28, 2021 and a copy of the Certificate of Service had been provided to Council in the agenda. She stated on August 10, 2021 at 3:05 p.m. Mr. Winter provided an unredacted copy of his seller’s permit and a copy had been provided to the Council. She clarified that Mr. Winter had not paid the publication fee that was noted in the complaint and the amount remained delinquent. Council Member Miller asked about the publication fee. Ms. Ubrig explained the fee could be paid once the Council approved the license. Mayor Palmeri asked who would be give testimony. Ms. Ubrig administered an oath to Attorney William Manske, Paul Winter and Peter Schwab. Attorney William Manske, 300 Division Street, requested Council re-issue the liquor license to Mr. Winter since the City had a surplus of liquor licenses. He explained Mr. Winter had a difficult time during COVID-19 and there were current tenants that Mr. Winter had tried to evict on his own. He explained that Peter Schwab had signed a letter of intent to lease the property. He questioned if the license fee of $600.00 would be returned if the license was not granted. Ms. Ubrig explained the City would retain the $600.00 license fee. Attorney Manske expressed how the liquor license was instrumental to the property and potential lessee. Mayor Palmeri asked where the tenants were residing. Paul Winter, 205 N. 6th Avenue, Winneconne, explained the tenants or squatters were residing in the bar. He stated there was a previous lessee that destroyed the bar and had a friend move into the bar. He explained that he had reported the situation to the police department for trespassing and unfortunately the police stated the case was a civil matter. Council Member Miller asked about the letter of intent and what the intent was. Peter Schwab, 7420 County Road M, Winneconne, explained the intent would be to operate the business as a bar and he would conduct a return on invest study before going forward. Council Member Miller asked if they would be able to evict the tenants. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 4 Attorney Manske stated that he would start the process to evict the tenants. Mr. Winter explained with the new COVID-19 regulations it would be difficult to evict. Mayor Palmeri asked if Mr. Winter was referring to residential or commercial evictions. Council Member Ford explained the hearing process was similar to other municipalities. He stated when the bar could meet the regulations, an application could be filed and brought before the Council. He questioned what the timeline would be to reopen. Council Member Hansen stated evictions were on hold until September due to COVID-19 per Federal Law and asked about the timeline to reopen. Mr. Schwab stated the intent would be 3 months to open which would include the renovations and repairs to the property. Council Member Hansen asked if contractors had been contacted for the renovations and repairs. Mr. Schwab explained he had spoken with contractors to get estimates on the repairs once the tenants had vacated the premises. Mayor Palmeri asked if the taxes were current on the property. Mr. Winter explained there were not current and he would get those up to date. Mayor Palmeri asked if health and fire inspections would need to be completed. Mr. Winter stated he would need to have inspections done. Attorney Manske urged the Council to let Mr. Winter keep the liquor license. Mr. Winter stated the tenants could be vacated within one to two weeks. Council Member Hansen explained that Federal Law had change the evictions on hold until October and asked how long the tenants were on premises. Mr. Winter explained the tenants had been there for 6 months. Attorney Manske asked why the Council would not renew the license. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 5 Mayor Palmeri declared the hearing closed. Council Member Ford asked if Council could put conditions on the license. Ms. Lorenson stated once the license was granted, it would be granted for the licensing year. She explained Council could include conditions such as the inspections would need to be completed and the publishing fee would need to be paid. Mayor Palmeri asked if the conditions included the fee to be paid. Ms. Lorenson explained the inspections did not need to be completed since the Council granted the license and the City Clerk issued the license. She stated the City Clerk would not issue the license without final approval from health and fire inspections as well as confirmation that taxes were up to date. Council Member Miller explained he did not agree with removing the liquor license. Council Member Ford stated Council continued to be fair and consistent with the policy and the process. Mayor Palmeri asked how long the policy was in place. Ms. Ubrig confirmed a couple years. Ms. Lorenson explained a yes vote would approve the renewal of the license and no vote would not renew the license. Council Member Ford asked if Council could discuss the renewal fee. Deputy Mayor Mugerauer suggested discussing that topic during Council discussion. Ms. Lorenson read the findings of fact and conclusions of law. She stated the findings of fact included the Brass Rail license had not been used since August of 2019. Mayor Palmeri asked Clerk Ubrig to notify the applicant of the Council’s determination. PUBLIC COMMENT ON AGENDA ITEMS There were no public comments on agenda items. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 6 CONSENT AGENDA ITEMS Report of Bills by the Finance Director. Receipt & Filing of Oshkosh Public Museum Minutes from June 24th, 2021. Receipt & Filing of the Common Council Minutes from July 27th, 2021. Resolution 21-394 Approve Cash & Investment Report through June 2021 Resolution 21-395 Approve Conditional Use Permit for an Off-Site Parking Lot at 130 Josslyn Street (Plan Commission Recommends Approval) Resolution 21-396 Approve Specific Implementation Plan Amendment for a Building & Parking Lot Additions at 110 North Sawyer Street (Plan Commission Recommends Approval) Resolution 21-397 Approve Specific Implementation Plan Amendment for a Building Addition at 2530 West 9th Avenue (Plan Commission Recommends Approval) Resolution 21-398 Approve Special Event – Downtown Oshkosh Business Improvement District (BID) to utilize Opera House Square for Jazz in the Square / August 25 – September 29, 2021 (Wednesdays) Resolution 21-399 Approve Amended Special Event – Otter Street Fishing Club to utilize Menominee Park & Ames Point for the Otter Street Kids Fisheree / August 14, 2021 Resolution 21-400 Approve Amended Special Event – Waterfest, Inc. to utilize Leach Amphitheater for the Waterfest Concert series / September 2, 2021 Resolution 21-401 Approve Amended Special Event – Cultural Fine Arts & Jazz Society to utilize William Steiger Park (boat works site) and Riverwalk for the Oshkosh Jazz Festival / September 18 & 19, 2021 Resolution 21-402 Approve Appointment to Committee on Aging & Museum Board Resolution 21-403 Approve Combination “Class B” License, Special Class “B” Licenses & Operator Licenses PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 7 MOTION: ADOPT CONSENT AGENDA (Erickson, second, Ford) CARRIED: Ayes (6) Ford, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Deputy Mayor Mugerauer left Council Chambers from 7:07 p.m. to 7:09 p.m. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 21-404 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) for Property Located at 240 West 9th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Erickson; second, Hansen) CARRIED: Ayes (6) Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Present (1) Ford Ordinance 21-405 Approve Zone Change from Institutional District (I) to Institutional District with a Planned Development Overlay (I-PD) for Property Located on the South 1000 Block of West Smith Avenue (Plan Commission Recommends Approval) FIRST READING: LAID OVER UNDER THE RULES Resolution 21-406 Approve General Development Plan & Specific Implementation Plan to Allow for Creation of a New Lot for Property Located at 240 West 9th Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Resolution 21-407 Approve Pilot Study & Waiver of Purchasing Requirements for Phosphorus Reduction / Wastewater Division MOTION: ADOPT (Mugerauer ; second, Erickson) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Mayor Palmeri asked for a summary of the project. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 8 James Rabe, Director of Public Works, explained the pilot study would include several demonstration units from various manufacturers. He stated the various units showcased different filtration technologies for tertiary treatment which would manage phosphorus reduction. He explained the City had been in discussion with the Wisconsin Department of Natural Resources (DNR) regarding permit requirements for phosphorus reduction at the wastewater treatment plant. He informed Council that staff would evaluate the various options and the pilot program would allow staff to make an informed decision. Council Member Miller asked if this would be one of many treatments. Mr. Rabe explained that any municipality that dealt with an impaired water body and TMDk regulations would deal with phosphorus and that staff would determine the most cost effective solution for the City. Council Member Miller asked if the DNR provided direction. Mr. Rabe explained the DNR allowed the City to manage the process as long as the City complied with the permit. Deputy Mayor Mugerauer asked if the City generate phosphorus in comparison to what the DNR would require the City to remove. Mr. Rabe stated no, the DNR had regulatory authority over the permitted entities and non- permitted entities did not have regulations. He explained the DNR would try to get water bodies to achieve their water quality standards and tighten regulations on the permitted entities. Deputy Mayor Mugerauer questioned if the City had commercial or manufacturing industries that created an increase in phosphorus within the water stream. Mr. Rabe stated no and explained any industry would discharge into the waste water collection system. Mr. Rohloff explained the water sent out from the wastewater treatment plant was cleaner than the water taken in from Lake Winnebago. Deputy Mayor Mugerauer stated the City would pay a large sum of money to remove the phosphorus that was not created by the City. Mr. Rabe explained the study would provide an accurate estimate of the remediation. He stated the City was not the primary contributor to the impairment of the water body. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 9 Deputy Mayor Mugerauer asked who was the primary creator of the phosphorus in the water ways. Mr. Rabe stated the rural agricultural community. Deputy Mayor Mugerauer explained within the City limits there were not a large amount of agriculture land. Council Member Ford asked what the pilot study timeline was. Mr. Rabe stated staff reached out to several manufacturers and projected that testing would begin before the winter season. He explained some of the challenges were with the clean water in the treatment process. He stated there was a bio organism named sarodaphonia that only grew in clean water which spiked the growth of phosphorus. He mentioned the City would need to add additional piping and chemical feed lines to get to the facilities for testing. He stated the true scope would not be determined until the agreements were signed and the units were in place. Resolution 21-408 Amend Council, Board & Commission Rules to Allow for Remote Participation MOTION: ADOPT (Erickson; second, Hansen) CARRIED: Ayes (7) Ford, Mugerauer, Hansen, Miller, Wojciechowski, Erickson, Mayor Palmeri Deputy Mayor Mugerauer thanked City staff for their time and effort. Mayor Palmeri stated the City had 22 Boards and Commissions, some of them had resumed in-person meetings while others remained virtual. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Palmeri mentioned the Council Retreat/Workshop on August 31, 2021 at 12:00 p.m. to 5:00 p.m. Deputy Mayor Mugerauer suggested to add the liquor license renewal fee discussion for license not granted by Council to an upcoming agenda. Mayor Palmeri asked if the topic would be a part of the fee renewal review. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 10 Mr. Rohloff stated the fee would not be included with the fee reviews as this topic was a policy. He explained the purpose of the fee was to cover inspections cost and staff time. Ms. Ubrig stated the fee covered administrative costs. Deputy Mayor Mugerauer explained Council should be informed on the process and fees. Council Member Ford asked about the timeline of the payment with paperwork. Ms. Ubrig confirmed the fee would be collected at the time of the liquor license application or renewal and covered the inspections and administrative costs. Deputy Mayor Mugerauer asked if the fee was a yearly fee due at the time of renewal. Ms. Ubrig confirmed that was correct. Council Member Miller stated he was not in agreeance of not refunding the fee and Council should consult with the City Clerk and the City Attorney for future discussion. Mr. Rohloff explained City staff would prepare information to share with Council. Mayor Palmeri reminded Council to provide their availability to the City Manager’s office for the Council Retreat on August 31, 2021 from 12:00 p.m. to 5:00 p.m. Mr. Rohloff stated if Council had not provided their availability to look for information coming in the near future. Mayor Palmeri explained the 2nd Budget Workshop would be held on August 31, 2021 at 5:00 p.m. to review early projections and directions on priorities from Council and the 3rd and 4th Budget Workshops were scheduled for October 18 and 19, 2021. Mayor Palmeri stated the Council Compensation information was provided in the agenda. Mr. Rohloff asked if Council would like to move forward and the information would come back after the election of the mayor in 2023. Council Member Wojciechowski asked how many individuals serve on the Council’s from other surveyed municipalities. Mr. Rohloff explained that most of the Council’s had 7 members and the larger municipalities had no more than 11 members. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 11 Mayor Palmeri asked if the meeting numbers had taken into account the other Council duties and board / commission meetings that were attended. Mr. Rohloff explained the number did not include nor had it in the past. Mayor Palmeri asked Council if they would like to make changes. Council confirmed the topic did not need further discussion and no changes were needed. Mr. Rohloff explained the prepared Capital Improvement Plan document was in the Council agenda packet with input provided by staff. He mentioned the cost increase of concrete in relation to the repairs throughout the City. He stated the Council may opt for repairs on Menominee Park Road or the Red Arrow Park parking lot since only one would remain in the plan at this time. Mayor Palmeri asked if the Menominee Park Road project was previously budgeted for $500,000. James Rabe, Director of Public Works, explained it was $500,000 for 2 years for a total of $1,000,000. Mr. Rohloff stated City staff combined the project to be completed in 1 year instead of the 2 years. He explained a few projects on the Capital Improvement Plan (CIP) list were the Bradley Street paving, the design of the Pioneer Riverwalk, heating ventilation and air conditioning along with the Lakeshore Park development. Mayor Palmeri asked if Council would approve the CIP at the next Council meeting. Mr. Rohloff stated Plan Commission would review the document and Council would approve in the near future. Council Member Ford expressed his support for the Menominee Park Road repairs. Mr. Rohloff asked if the consensus of the Council was to repair the Menominee Park Road. Council stated they were in agreeance with the repairs to Menominee Park Road over the Red Arrow improvements. Deputy Mayor Mugerauer suggested paying off the debt on the Parks Building on Witzel Avenue in 2022 instead of 2023 which would allow projects to be moved up from 2024 to 2023. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 12 Mr. Rohloff stated Council would approve the Capital Improvement Plan in two weeks and approve the budget in November. Mayor Palmeri asked City staff what was needed from Council on the topic of Marijuana regulations. Mr. Rohloff stated Council could make recommended amendments to the ordinance then City staff would prepare the document for future consideration. Council Member Wojciechowski described his areas of interest were decriminalization and to lower the fine associated along with the accountability and equitable when citizens were charged. He asked what type of demographic information was collected when individuals were charged with a criminal or civil offense. Chief Police Smith explained the police department entered the information into the State tracking system. He stated the demographic information was recorded on the summons or citations and there were no reports generated with data. He informed Council in 2010 the State enacted the State statute to ask for demographic information to be recorded and the information collected did not capture the reason why the citizen was stopped. He expressed the statute created a friction point between law enforcement and citizen. He explained the State statute had been repealed in 2012. Council Member Wojciechowski asked how many adult citations were issued for possession of marijuana were civil verses criminal. Ms. Lorenson stated the citations were only ordinance citations. Council Member Wojciechowski confirmed the numbers did not include citizens who were not criminally charged by law enforcement. Ms. Lorenson confirmed that was correct. Council Member Wojciechowski inquired if the citations were non-violent or simple possession or simple use. Ms. Lorenson stated the citations were issued strictly for possession of marijuana. Council Member Wojciechowski stated citizens were being stopped or sited for use of marijuana. Chief Police Smith specified that statement was incorrect. He stated law enforcement PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 13 would not stop a citizen for only marijuana possession. He explained if law enforcement was working an active investigation for an alternative reason and marijuana was found in their possession then the officer could issue a citation or a criminal charge. Council Member Wojciechowski stated of the 56 citations, 16 had been paid in full and the number seemed consistent with the prior year which indicated the fine was high. He believed the marijuana fine was high compared to the other forfeitures and stated his support to have the fine reduced. Mayor Palmeri asked if other municipalities allowed possession of marijuana with a valid medical prescription. Ms. Lorenson explained there were other municipalities that had an ordinance that stated if a THC prescription was provided the City would not issue an ordinance citation. Chief Smith referenced a 2015 document that stated the State Health Department had commissioned a committee on the legalization of marijuana in the State of Wisconsin which had a provision for medical prescriptions. He stated he had not seen any locally. Council Member Erickson asked why law enforcement would not collect the data from the citizen’s identification. Chief Smith stated not every citizen had been able to provide identification which meant law enforcement would have to ask directly which created friction. He explained the State of Wisconsin had created a civil penalty for possession of marijuana which meant law enforcement did not have to criminally charge citizens on their first offense. Council Member Erickson mentioned the demographic data would allow her to give direction. Chief Smith explained marijuana calls were 2/1000 of a percentage point of the 45,000 calls for service a year. He stated giving a fair representation would require law enforcement to collect data on all 45,000 calls which would be difficult based on staffing. He stated the answer would be to train the officers to have an understanding of the tools and grow the positive relationships within the community. Council Member Erickson shared her appreciation and explained the difficultly to make a policy decision without all the data. Council Member Miller asked for clarification on the calls per services verses citations for marijuana. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 14 Chief Smith confirmed the police department averaged around 45,000 calls for service a year and 36 of those calls included marijuana. Mr. Rohloff stated last year there were around 80 total. Council Member Miller confirmed out of the 4,000 calls for service a month, 7 would be related to marijuana. Chief Smith stated that was correct and the citation would have been related to another active investigation. Council Member Miller questioned if law enforcement had specific direction to seek out marijuana offenders. Chief Smith replied there was no such direction given. Deputy Mayor Mugerauer thanked City staff for the information. He explained he did not agree with lowering the fine and stated Council should continue to research. Council Member Wojciechowski stated his support to lower the forfeiture amount. He explained that delta 8 was legal and unregulated and had similar effects to delta 9 (THC) which was not legal. He questioned how law enforcement deciphers between the two and mentioned there was a delta 8 dispensary in the City. Council Member Ford asked how much the fine change would impact the day to day operations of law enforcement. Chief Smith stated that the amount of the fine would not change the operations and the discretion would be up to the law enforcement to write a citation or criminally charge a citizen. Council Member Miller asked if the fine was decreased what would be the deterrent for citizens. Chief Smith explained if the Council reduced the fine it could be counter-intuitive. Council Member Miller asked what the fine was for open intoxicants. Ms. Lorenson explained the fine would be $75.00 plus court cost totaling around $216.00. Mayor Palmeri stated the cost of the marijuana citation was $200.00 with additional court PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 15 costs of $189.50 for a total of $389.50 and if Council were to lower the forfeiture amount would citizens still pay the for court fees. Ms. Lorenson stated the court costs were based on a percentage of the total citation. Council Member Miller asked how much impact does the Council have to lower the total cost. Ms. Lorenson explained the standard fine would be $75.00 plus the court costs. She stated the Council was provided various costs and stated it was important for Council to consider the marijuana fine be appropriately set with other forfeitures. Council Member Wojciechowski stated the possession of marijuana base forfeiture was more than theft, fraud and damage to property. Mayor Palmeri asked what was the average cost to purchase marijuana. Chief Smith explained there was a difference in cost based on the formulation of the product. He stated the plant product would be lower than the wax product which had a higher concentration of THC. Mayor Palmeri stated her concern was if the Council lowered the fine, it would be more than the actual cost of the product. Council Member Miller asked what the fine was for public intoxication. Chief Smith explained Wisconsin had a State statute for incapacitation which was a community caretaker function, where law enforcement would take the citizen to the hospital for assistance. Council Member Miller asked if the fee was lowered, would it make it difficult for law enforcement to do their job. Chief Smith stated no. Council Member Ford proposed the fine be lowered to $75.00. Mr. Rohloff stated City staff would draft an ordinance for consideration and include the dollar amount that could be amended if needed. Chief Smith explained the cost of an ounce of marijuana was $150.00 and an ounce of THC PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 16 wax was $2,800.00 for an ounce. Council Member Wojciechowski questioned if the citation was only applicable on 25 ounces or less and not intent to sell. Chief Smith confirmed that was correct and clarified that providing marijuana to someone else would be considered dealing. Council Member Wojciechowski informed the Council of a study provided by International Journal of Drug Policy published in 2018 an analysis of marijuana use and arrests in 5 states that just had decriminalized marijuana between 2007 through 2015 indicated there were no corresponding rise in the use in young people. He explained the study indicated young people were under the age of 20. Council Member Miller asked what the Winnebago County Health Department suggested. Council Member Erickson recommended inviting a representative from the Breakwater Coalition to provide input. Council Member Wojciechowski indicated he had met with the Breakwater Coalition and their concern was to keep marijuana out of the hands of children. He suggested to keep the amount blank in the proposed ordinance amendment. Mr. Rohloff stated City staff would prepare the ordinance with the $75.00 amount for Council to consider. COUNCIL MEMBER ANNOUNCEMENTS & STATEMENTS Report of Council Liaison for Boards & Commissions Council Member Hansen Traffic and Parking Advisory Committee  Tabled vote for Chairman and Vice Chairman  Update on Jackson Street restriping Mayor Palmeri stated there were 10 open seats for City Boards and Commissions. She explained the application was online or hard copies were available. Mayor Palmeri explained the poet laureate had been determined and the announcement would be made at the August 24, 2021 Council meeting. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 17 CITY MANAGER ANNOUNCEMENTS & STATEMENTS Mr. Rohloff stated City staff continued to receive applications and comments on the American Rescue Plan Act. He gave an overview of the Polco survey results. He encouraged Council to review the survey results and mentioned it would be on to the City website. Mr. Rohloff highlighted the Strategic Plan Update for the 2nd Quarter and explained some projects may have had some interruptions, overall the City was on track. Council Member Ford encouraged citizens to review the report that was located on the City website. Mr. Rohloff stated staff met with RA Smith regarding the transportation utility fee and they were ready to present to Council. He explained the next step in the process would be the projected amount. Mayor Palmeri asked what the timeframe was. Mr. Rohloff stated by the September 14, 2021 Council meeting and he would provide the Council with information as well as the Chamber of Commerce. Mr. Rohloff explained a workshop would be scheduled to discuss the facility needs. Mayor Palmeri asked if the American Disabilities Act (ADA) assessment for facility study would be available before approval of the Capital Improvement Plan. Mr. Rohloff responded yes. Mr. Rohloff explained the COVID-19 numbers had trended up and the sewage samples also indicated that. Mayor Palmeri stated there were multiple testing sites available. Mike Stanley, Fire Chief, mentioned the Winnebago County Health Director was available online for an update. Doug Gieryn, Director/Health Officer Winnebago County, explained the positive cases had climbed and were moving rapidly through the categories. He stated cases had included the younger age groups and Winnebago County had risen from 2 cases a day to 30 cases a day. PROCEEDINGS OF THE COMMON COUNCIL – AUGUST 10, 2021 18 Council Member Miller asked about hospitalizations within the County. Mr. Gieryn explained the Fox Valley Region had 10-12 individuals in the hospital that included 3 in the ICU. Mayor Palmeri asked about breakthrough cases. Mr. Geiryn stated 3% of the cases had been breakthrough cases and the odds were 22 times higher if individuals were not vaccinated. MOTION: ADJOURN (Mugerauer; second, Miller) CARRIED: VOICE VOTE The meeting adjourned at 8:40 p.m. PAMELA R. UBRIG CITY CLERK