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HomeMy WebLinkAboutMinutes PCC ROCEEDINGS OF THE OMMON OUNCIL CO,W ITY OF SHKOSH ISCONSIN M25,2014 ARCH REGULAR MEETING held Tuesday, March 25, 2014, at 6:00 p.min the Council Chambers, . City Hall. Deputy Mayor Herman presided. PRESENT: Council Members Sean Fitzgerald, Steve Cummings, Deb Allison-Aasby, Tom Pech, Jr., Steven Herman, Kyle Clark, and Mayor Burk Tower ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney and Dave Patek, Director of Public Works Council Member Fitzgerald read the Invocation. The Pledge of Allegiance was led by Boden Garner, John Field and Echo Prescott for Jacob Shapiro Elementary School; and Ty and Kiara Rasmussen,Trista Fleck and Lukas Xiong from Oakwood Elementary School P ROCLAMATION A proclamation was presented by Mayor Tower proclaiming April 1, 2014 as Mayors Day of Recognition for National Service in the City of Oshkosh Dorry Wilner accepted the proclamation on behalf of the University of Wisconsin Oshkosh Vet Corps, ADVOCAP Retired Senior Volunteer Program, Winnebago County Health Department Medical Reserve Corps, and the Habitat for Humanity AmeriCorps Vista. CSC ITIZEN TATEMENTS TO OUNCIL Bob Cornell, 548 W. Smith Avenue, reported about several events that would be taking place at the Senior Center. He stated he would be attending an upcoming meeting regarding handicap parking spaces at the Grand Opera House. CA ONSENT GENDA Approval of Bills presented by the Finance Director Receipt and Filing of Common Council Minutes from March 11, 2014 Receipt and Filing of Museum Board Minutes from February 6, 2014 Receipt of Claim filed with the City’s Insurance Company: A) Robert & Susan Ackermann for alleged damages from a sewer back up B) Willie Countryman for alleged injuries from a fall involving a city bus C) Mike Pamer for alleged damages from a sewer back up 1 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH D) Peninsula Properties for alleged damages from a sewer back up E) Timothy Pischke for alleged damages from a frozen lateral Resolution 14-117B Accept Donation from Oshkosh Area Community Foundation and Approve Cooperative Purchase of Mobile Command Vehicle for the Oshkosh Police Department (Total Cost $268,015.00; OACF Donation $162,015.00) Council Member Herman asked for an explanation for the purchase of a mobile command vehicle. Chief Greuel stated the police department identified the need for a mobile command vehicle to be used as a critical incident command vehicle, an operational hub for the City’s special events, and as a mobile substation in problem neighborhoods. He stated the vehicle would also be used for community outreach programs such as reading to children or meeting with neighbors to identify problems. A representative from the Oshkosh Area Community Foundation stated the foundation was still accepting donations on behalf of the mobile command vehicle and that the goal was to have the mobile command vehicle up and running by June, 2014. Mayor Tower felt the purchase of the mobile command vehicle was a perfect example of a public and private partnership. Resolution 14-118 Award Bid for Zero-Turn Riding Rough Mower for Lakeshore Municipal Golf Course to JW Turf Inc. ($39,963.00) Resolution 14-119 Award Bid for Various Road Materials for 2014 for the Street Division to Northeast Asphalt Inc., Carew Concrete and Michels Materials (Various Amounts) Resolution 14-120 Award Bid for Public Works Contract No. 14-05 to De Groot, Inc. for Various Concrete Paving and Utility Projects – Central City Area ($2,877,619.52) Resolution 14-121 Approve Professional Service Agreement with Strand Associates for Engineering Design Services for Aviation Business Park ($260,000.00) Gary Gray, 815 W Linwood Avenue, asked if there would be specific design requirements for the aviation business park. Mayor Tower stated the aviation business park was intended for businesses in the aviation industry. Allen Davis, Director of Community Development, stated per the grant agreement with the Economic Development Administration (EDA), the design for the aviation business park needed to be completed so construction could begin later in 2014. Mr. Rohloff noted that the aviation business park had not yet been subdivided. 2 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Resolution 14-122 Amend Initial Resolution No.14-66 for Special Assessments – Contract No. 14-05 / Paving, Sidewalk, Driveway and Utilities / Second Local Street Concrete Paving Program (Central City Area) Resolution 14-123 Approve and Submit Wisconsin Department of Natural Resources 2013 Storm Water Program Annual Report Resolution 14-124 Amend Acceptance of Economic Development Administration (EDA) Public Works Grant Award to Include Condition Related to Adjoining Property – Aviation Business Park PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Council Member Cummings asked for an explanation of the resolution. Ms. Lorenson explained that a condition of the EDA grant awarded to the City was that private properties surrounding the aviation business park could not profit from the grant. For a certain period of time, the private properties adjoining the aviation business park must sign an agreement that they will not sell their properties above the pre-project fair market value. She stated there was one property owner who was not willing to sign such an agreement. She explained as a compromise to meet the condition the City was willing to sign an agreement that it would not provide the utilities needed to annex the said property into the City for a period of four years. Resolution 14-125 Approval of Special Event – Canada Promotions to utilize Sunnyview Exposition Center for their Mexican Dance / March 29, 2014 Resolution 14-126 Approval of Special Event - Oshkosh Jaycees to utilize Menominee Park for their Oshkosh Jaycees Annual Easter Egg Hunt / April 19, 2014 Resolution 14-127 Approval of Special Event - Run Away Events to utilize Menominee Park and City Streets for their Run Away to the Bay / April 26, 2014 Resolution 14-128 Approval of Special Event - Oshkosh Bird Fest Committee to utilize Menominee Park for their Oshkosh Bird Fest / May 3, 2014 Resolution 14-129 Approval of Kelly’s Bar to hold their Graduation Beer Garden / May 16 and 17, 2014 Council Member Clark asked what the reason was for Kelly’s Bar to request amplified music to be played until midnight rather than 11:00 p.m. as in past years. Ms. Lorenson stated the amplified music request was reviewed and discussed by the Special Events Review Committee and extending the amplified music until midnight was not an issue for the police department. Chief Greuel stated the amplified music was extended to midnight for the 2013 Kelly’s Bar Graduation Beer Garden event. He stated there were no problems experienced by the event and the police department did not receive any complaints. 3 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Resolution 14-130 Approval of Special Event – Oshkosh Fine Arts Association to utilize South Park for the Winnebagoland Art Fair / June 8, 2014 Resolution 14-131 Approval of Special Event - Waterfest, Inc. to utilize Leach Amphitheater for their Waterfest Concert Series / June 19 and 26, 2014; July 17, 24, 25, and 26, 2014; and August 21 & 22, 2014 Council Member Herman requested that Resolution 14-131 be removed from the Consent Agenda. Resolution 14-132 Approval of Special Event - Wisconsin Alliance of Bass Tournament Anglers to utilize Rainbow Park for their Wisconsin Alliance of Bass Tournament Anglers-Oshkosh Qualifier / July 12 and 13, 2014 Resolution 14-133 Approval of Special Event - Winnebago Fair Association to utilize Sunnyview Exposition Center for their Winnebago County Fair / August 5, 6, 7, 8, 9 and 10, 2014 Resolution 14-134 Approval of Special Event - Great Lakes Timber Professionals Association to utilize EAA Grounds for their Great Lakes Logging and Heavy Equipment Expo / September 5 and 6, 2014 Resolution 14-135 Disallowance of Claim by Liesl Storm Resolution 14-136 Approve Special Class “B” Licenses, Operator Licenses and Taxi-cab Driver License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLTUION 14-131 (Cummings; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Resolution 14-131 Approval of Special Event - Waterfest, Inc. to utilize Leach Amphitheater for their Waterfest Concert Series / June 19 and 26, 2014; July 17, 24, 25, and 26, 2014; and August 21 & 22, 2014 MOTION: ADOPT (Alison-Aasby; second, Cummings) MOTION: AMEND TO DIVIDE INTO TWO PARTS: A) EVERYTHING EXCEPT AUGUST 21 & 22, 2014; AND B) AUGUST 21 & 22, 2014 (Clark; second, Pech) CARRIED: Ayes (6) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark Noes (1) Mayor Tower 4 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Resolution 131A Approval of Special Event – Waterfest, Inc. to utilize Leach Amphitheatre for their Waterfest Concert Series / June 19 and 26, 2014; and July 17, 24, and 26, 2014 MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, and Mayor Tower Resolution 131B Approval of Special Event – Waterfest, Inc. to utilize Leach Amphitheatre for their Waterfest Concert / August 21 and 22, 2014 MOTION: ADOPT (Clark; second, Herman) MOTION: LAYOVER UNTIL APRIL 8, 2014 COUNCIL MEETING WITH DIRECTION TO WATERFEST TO WORKOUT PARKING LOGISTICS WITH HOTEL (Pech; second, Clark) CARRIED: Ayes (5) Cummings, Allison-Aasby, Pech, Herman, Clark Noes (2) Fitzgerald, Mayor Tower Council Member Herman stated on August 22, 2014, North Main Street was scheduled to be closed for the already approved special event of the Gus Macker 3 on 3 Basketball Tournament. He felt there would be a parking issue if there was also an event going on at the same time at the Leach Amphitheater. Mr. Rohloff stated that representatives from the hotel and convention center had concerns nd regarding the Waterfest event being on August 22 as they had weddings scheduled. nd Becket’s Restaurant also had a wedding scheduled for August 22. The representatives of the hotel and convention center stated they would try to work with Waterfest, however they would exercise their rights for use of the parking lots to accommodate their guests on nd August 22 if need be. Mayor Tower asked if City staff recommended that the Council layover the resolution or vote on the resolution at the current meeting. Mr. Rohloff recommended that Council vote to approve the resolution at the current meeting with the understanding that there was no assurance of available parking reserved for Waterfest for any Friday or Saturday dates. Mayor Tower commented with the success of special events, the Riverwalk and the hotel up and running that parking in the downtown area was going to have to be addressed in the future. Council Member Pech asked if the Council needed to amend the resolution to address the parking situation. Ms. Lorenson stated the Council was only being asked to approve the use of the Leach Amphitheater. She stated it was not necessary for an amendment to the resolution due to there being an agreement with the Transportation Department regarding Waterfest and the use of the parking lots. 5 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Council Member Pech asked for a copy of the agreement regarding the use of parking lots by Waterfest. Council Member Herman asked if the City had any legal obligation to provide parking since it owned the Leach Amphitheater and the Oshkosh Convention Center. Ms. Lorenson stated in the agreement with the Oshkosh Convention Center there was a clause that the convention center had first rights to the parking lots east and northeast of the convention center. Mr. Rohloff stated the hotel and convention center would most likely have to use parking attendants to assure the parking lots were only being used by their guests. Council Member Herman acknowledged there were other places open for business in the same area that also relied on the parking lots for their guests. He felt the City needed to focus on the parking issues of the downtown area. Mr. Rohloff stated the Gus Macker Basketball Tournament would be over by five o’clock and felt it would not be an issue for the evening events. Council Member Herman asked if people who used the convention center parking for daytime events would be ticketed if they left their cars parked in the parking lots to spend the evening downtown doing other things. Mr. Rohloff stated no one would be ticketed if they left their cars parked in the parking lots to spend the evening downtown doing other things. Council Member Clark felt it was good to discuss the parking issues months in advance of the events. Council Member Allison-Aasby preferred having a parking plan prior to the Council approving the resolution. Council Member Fitzgerald was comfortable approving the resolution. He stated in 2013 the Gus Macker Basketball Tournament was held on the same weekend that Irish Fest was held at the Leach Amphitheater and he could not recall there being an issue with parking. Council Member Clark made a motion to divide the resolution into two separate resolutions. stnd Resolution 131A would include everything except August 21 and 22, 2014. Resolution stnd 131B would be just for the August 21 and 22, 2014 dates. Council Member Allison-Aasby noted that Waterfest, Inc. was holding a special event on July 26, 2014 which was a Saturday. She asked if there were any conflicting events at the hotel, convention center, or Becket’s on that date. Ms. Lorenson stated there was an online calendar of special events on the City’s website but they did not include private events at the hotel, convention center, and Becket’s. 6 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Council Member Allison-Aasby felt that events that took place at the hotel and convention center should take precedent over Waterfest events. She asked Council Member Clark to th include the July 26 date in Resolution 131B. Council Member Clark stated, due to the size of events he was comfortable with keeping stnd only the dates of August 21 and 22, 2014 in Resolution 131B. ATO&R CTION AKEN ON RDINANCES ESOLUTIONS Ordinance 14-137 Approve Request to Attach to City from Town of Algoma / Rusch West thth 20 Avenue Voluntary Attachment; 3300 Block of West 20 Avenue Chet Wesenberg, 3265 Casey Trail, supported the resolution and offered to answer questions from the Council. FIRST READING; LAID OVER UNDER THE RULES Ordinance 14-138 Amend Special Events Ordinance Pertaining to Grounds for Denials of Permits (Recommended by Special Events Review Committee) FIRST READING; LAID OVER UNDER THE RULES Ordinance 14-139 Amend City Ordinances Pertaining to Bow Hunting Within the City FIRST READING; LAID OVER UNDER THE RULES Resolution 14-140 Approve Professional Service Agreement with Explorer Solutions to Undertake Aerospace Cluster Study for Aviation Business Park ($184,200.00) MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower th Elizabeth Hartman, 43 E. 7 Avenue, CEO of Chamco, stated that Chamco supported the resolution. She explained the process of how the consultant went about finding businesses to fill the aviation park. She stated the Department of Defense (DOD) provided a grant for 90% of the funding for the consultant. Council Member Herman asked if Winnebago County was contributing any money toward the consultant fee. Ms. Hartman stated that Winnebago County was not contributing any money toward the consultant fee as the grant was awarded to the City of Oshkosh. She explained the remaining 10% of the consultant fee was being paid by an in kind match through Staff Services so there was no cash outlay to the City. 7 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Melissa Hunt, 150 N. Campbell Road, Regional Representative of the Wisconsin Economic Development Corporation (WEDC), stated the aviation park was a regional initiative and that the WEDC and Chamco were co-chairs of the cluster study project. Council Member Herman asked if the cluster study came with a marketing plan or if it only identified the types of businesses the aviation park should consider. Ms. Hartman explained the methodology of the consultant was to contact businesses in the industry that might want to be a part of a niche or cluster. She stated there would be a marketing aspect to the study but there may be some additional local marketing work to be done as well. Council Member Fitzgerald asked if the cluster study provided more than just intelligence, for example, would the consultant bring investors to the community. Ms. Hartman explained the consultant formed a management steering committee which encompassed people from the community as well as people from the aviation industry. The people from the aviation industry had an opportunity to help develop a niche that would aid them in their business which made them invested in the development of the cluster. Council Member Fitzgerald asked if there were any firm expectations as far as the deliverables that would be received after the study was completed. Ms. Hartman explained that a requirement of the grant from the Department of Defense was an outline of specific deliverables associated with the project. Council Member Fitzgerald asked what the deliverables were. Mr. Davis stated there would be studies and reports but the consultant also promised that twenty to thirty businesses would actually come to Oshkosh to go over the prospectus for a future market niche. Mr. Rohloff stated that the aviation industry was very broad and the purpose of the cluster study was to hone in on specific sectors within the aviation industry that would benefit from what the proposed aviation business park had to offer. Ms. Hunt stated the grant was made up of three to six different parts and the consulting phase was important to the success of the project. Council Member Pech felt the cluster study was a great opportunity for the City to get something going at the airport. Resolution 14-141 Approve Middle Village Neighborhood Plan (Plan Commission Recommends Approval) MOTION: ADOPT (Cummings; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower 8 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Dorry Wilner, 1640 S. Kohler Street, represented Habitat for Humanity in Oshkosh and spoke in support of the Middle Village Neighborhood Plan. She applauded the collaborative efforts of Elizabeth Williams of the Planning Department and Lori Palmeri of the Middle Village Neighborhood Association for developing the plan. Brad Crook, 622 Frederick Street, was a member of the Middle Village Neighborhood Association and stated that neighborhood plans throughout the City were important. Tony Palmeri, 212 W. Parkway Avenue, felt it was significant to point out that the Middle Village Neighborhood Plan was resident led and could serve as a role model for other challenged neighborhoods of the City. Janine Wright, 622 Central Street, felt the Middle Village Neighborhood Plan was a great tool to set goals and to keep on track for improving the neighborhood. She encouraged the Council to support the resolution. Council Member Cummings felt the Middle Village Neighborhood Plan was a great partnership between the neighbors and City staff and was hopeful that the concept would spread throughout the City so the investments that people had in their homes would be maintained or enhanced. Council Member Clark appreciated the time and effort the neighbors put into developing the Middle Village Neighborhood Plan. He felt it would serve as a model for other neighborhoods. Council Member Allison-Aasby also appreciated efforts of Lori Palmeri and the Middle Village Neighborhood Association in developing the Middle Village Neighborhood Plan. She stated she looked forward to seeing neighborhood plans in other parts of the City. Council Member Pech thanked the Middle Village Neighborhood Association and City staff for their passion in developing the Middle Village Neighborhood Plan. Mayor Tower commented on the comprehensiveness of the Middle Village Neighborhood Plan. He felt it was a good model for other neighborhoods to follow and encouraged citizens to view the plan. Resolution 14-142 Approve Dissolving TID #8 South Aviation Park MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Herman asked in what area of the City TID #8 was located. Mr. Rohloff stated that TID #8 was located in the area immediately North of Ripple Road and West of Oregon Street. He stated that the new aviation business park was located across the street. He indicated that TID #8 was about twenty years old. Mr. Davis recalled that TID #8 was created in the early 1990’s. 9 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Council Member Herman asked why TID #8 was being closed. Mr. Davis explained that the City had made the required improvements as stated in the Tax Incremental District Plan from 1991. He stated that the improvements had been paid off and that the City had reached the point where it was required to dissolve the TID. Mayor Tower asked what the closing of a TID meant. Mr. Davis explained the immediate benefit of closing a TID was that the tax base would be spread out among all of the taxing jurisdictions. He stated in this circumstance there were residual funds in the TID that would be disbursed among the taxing jurisdictions. Resolution 14-143 Approve Healthy Neighborhood Initiative Funding Through TID #9 MOTION: ADOPT (Clark; second, Allison-Aasby) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Council Member Pech asked what the funding through TID #9 would do for the City. Mr. Davis explained the City had the opportunity to collect one more year of tax increment from TID #9 which amounted to approximately $900,000.00 and that State Statutes permitted the City to use that money for affordable housing. He stated the City planned on using those funds to implement neighborhood plans and public improvements to City neighborhoods. Council Member Pech stated by using the funds from TID #9 the City would aid in maintaining and enhancing the equity of homes in the neighborhoods the City invested the funds in. Council Member Herman asked in what area of the City TID #9 was located. Mr. Davis replied that TID #9 was located on South Washburn Street along Highway 41 from Waukau Avenue to Planeview Drive. Resolution 14-144 Approve Budget Adjustment for Community Development MOTION: ADOPT (Pech; second, Clark) CARRIED: Ayes (6) Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower Noes (1) Fitzgerald Council Member Cummings asked for an explanation of the resolution. Mr. Davis stated the resolution proposed a budget adjustment that would allow the creation of three economic development positions using existing resources the City already had and reallocating those resources to provide the personnel to accomplish the City’s economic development goals, the goals of the Strategic Plan, and the direction to the City Manager to create a unified economic development effort in the City. 10 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Council Member Pech referred to the Preger Study which focused on public/private partnerships with regard to economic development. He stated by approving the resolution the Council would be putting into place the public portion of the partnership. Mr. Davis believed if the resolution was approved the City would have a stronger public partnership role to play based on the reallocation of the current resources. Council Member Pech asked if the newly created economic development positions would target specific businesses to come to Oshkosh. Mr. Davis stated the newly created newly created economic development positions would target specific businesses to come to Oshkosh and also cultivate existing businesses already in Oshkosh. Council Member Fitzgerald asked how business retention would be done under the model being proposed. Mr. Davis stated multiple staff members would complete approximately one hundred fifty business retention visits each year. He stated the object of the visits was to build relationships with business owners to accommodate the needs of the businesses and the City. Council Member Fitzgerald stated he had philosophical issues with municipalities doing economic development from the stand point that it was difficult certain confidential information due to open records laws. Mr. Davis stated the City’s efforts for business retention would be based more relationship based than data based. Council Member Allison-Aasby stated that she shared some of Council Member Fitzgerald’s concerns. She stated although she supported the resolution, it came with some sacrifices; one them being the City’s relationship with Chamco. Council Member Cummings noted the large number of business that have the left the City of Oshkosh and stated he felt the City should focus on industrial development with high paying jobs and sustainable benefit packages. Council Member Fitzgerald stated although he shared the goal of a unified focus toward economic development he felt businesses looking to expand within the boundaries of the City would be reluctant to reveal sensitive data. He stated that he would not support the resolution. Council Member Herman asked if Council Member if Council Member Fitzgerald’s confidentiality concerns would be covered by the private side of the public/private partnership. Mr. Rohloff stated there was a clause in the resolution that addressed the private partnerships. He believed the City needed to consolidate its resources so that as it moved forward to a public/private partnership in economic development, the City could more 11 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH effectively deliver services. He felt once the private part of the partnership matured, the confidentiality concern could be addressed. Council Member Allison-Aasby asked Council Member Fitzgerald to reconsider his position on the resolution. She stated the resolution was a starting place and believed once the private partner was revealed everything would fall into place. Council Member Pech stated he believed the resolution was about putting the City’s members of the team of the public/private partnership in place in order to facilitate economic development in the City of Oshkosh. Council Member Clark supported the resolution as he felt it would help move the City forward. Mayor Tower stated the Preger Study noted four deficiencies regarding economic development in the City: A lack of focus, a lack of coordination, a lack of a plan, and a no resource sharing. He felt the resolution would bring more resources within the City to enhance focus, coordination, and planning. CD,DCMFAI OUNCIL ISCUSSION IRECTION TO ITY ANAGER AND UTURE GENDA TEMS A workshop on NeighborWorks would be held on April 22, 2014 at 5:00 p.m. CSC ITIZEN TATEMENTS TO OUNCIL Patricia Diener, 1316 Broad Street, recognized the passing of Judge Williams. Derek Nelson, 1385 Mason Street, was opposed to the pub crawl. Terry Demler, 1346 Babbitz Avenue, was opposed to the pub crawl. Council Member Pech pointed out that the Council and City staff were concerned about the pub crawl event. He stated the City was doing everything it possibly could to maintain order and provide safety during the event. Mayor Tower stated citizens should address their complaints regarding the pub crawl to the tavern owners, the BID board, and the Chamber of Commerce as it was a private sector event. He stated the City was hindered by certain legal restrictions regarding its stance on the pub crawl but the City’s top priority was to keep citizens safe. Council Member Pech stated there was only so much, by law, that the City and Council could do regarding the pub crawl. He encouraged the citizens of Oshkosh to become more vocal in their community. Council Member Allison-Aasby stated in her experience the downtown business owners, including tavern owners, were approachable and willing to listen. Council Member Clark felt the Council should discuss the pub crawl during its appearance on the agenda and not during Citizens Statements. 12 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Ashley Barrett, 1810 Taft Avenue, was a student at the University of Wisconsin-Oshkosh and did not support the pub crawl. She felt the pub crawl hurt non alcohol related businesses. Michelle Peplow, 1707 Sheridan Street, was an alumnus of the University of Wisconsin- Oshkosh and felt the pub crawl made the university look bad. She felt the tax payers were footing the bill for items broken along Main Street and the clean up for the pub crawl. Sharon Koerner, 709 Merritt Avenue, commended the Oshkosh Police Department for patrolling her neighborhood and keeping it safe. CMAS ITY ANAGER NNOUNCEMENTS AND TATEMENTS Mr. Rohloff reminded the public that the State of City Address would be held on Monday, March 31, 2014 at the Oshkosh Convention Center. Doors opened at 6:00 p.m. and the presentation would begin at 6:30 p.m. He stated an agreement was made with Midwest Engineering Services, Inc. for engineering services for construction materials testing for various 2014 Capital Improvement Program Projects. Regarding the pub crawl, he noted that the Council was not being asked to approve the event. The Council was being asked to approve a permit to recoup costs for extraordinary services such as police protection and property damage. He reiterated that the City of Oshkosh and the University of Wisconsin- Oshkosh did not endorse the pub crawl event. He stated the organizer of the event was being uncooperative which forced the City to provide a notice of all special charges to each establishment that participated in the pub crawl event. He stated the special charges would be assessed to all the establishments that benefitted from the pub crawl event, if the organizer did not apply for a special event permit from the City. He estimated the charges to be about $400 per establishment. He stated in previous years the organizer of the event had applied for special event permits for the pub crawl and if a special event permit was not taken out for the April 12, 2014 Pub Crawl the City intended on citing the organizer for not applying for a special event permit. Council Member Herman stated legally, the City could not stop the event from happening. He stated citizens had the legal right to go into a public venue and drink. He asked if there was a law for over serving patrons. Ms. Lorenson stated there was a law against over serving patrons but that it was very difficult to enforce. Council Member Herman stated the City’s best option was to hold all the establishments and the organizer responsible for the extraordinary fees of the event. He encouraged citizens who witnessed problems with pub crawl participants to report them to the police. Council Member Allison-Aasby acknowledged that part of the challenge of the pub crawl was attributed to the growth of the event which was due to a large number of participants that were not residents of Oshkosh. Council Member Clark thanked the citizens who took the time to come speak in front of the Council. He encouraged the public to make their opinions heard through other channels such as social media. 13 PCC–M252014 , ROCEEDINGS OF THE OMMON OUNCIL ARCH Mayor Tower commented that social media was a powerful tool that could be used for and against the pub crawl. He agreed with Council Member Allison-Aasby that a large number of the pub crawl participants were not residents or students of Oshkosh. MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS BARGAINING STRATEGY, OPTIONS AND PARAMETERS RELATED TO THE NEGOTIATION OF A DEVELOPMENT AGREEMENT FOR A POSSIBLE ECONOMIC DEVELOPMENT PROJECT PROPOSED FOR AVIATION PLAZA (THE FORMER WALMART SITE) SOUTH KOELLER STREET PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION. (Herman; Clark) CARRIED: Ayes (7) Fitzgerald, Cummings, Allison-Aasby, Pech, Herman, Clark, Mayor Tower MOTION: ADJOURN (Cummings; second, Clark) CARRIED: VOICE VOTE The meeting adjourned at 8:29 p.m. PAMELA R. UBRIG CITY CLERK 14