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HomeMy WebLinkAbout_Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN O CTOBER 25, 2016 REGULAR MEETING held Tuesday, October 25, 2016, at 6:00 p.m. in the Council Chambers, City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison-Aasby, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Panske read the Invocation. The Pledge of Allegiance was led by Addy Peck from Seton Elementary School and Noah Winchester from Cabrini Elementary School. P RESENTATION Members of the Rotary Clubs of Oshkosh presented a $20,000 donation from funds raised at Rib Fest to the Oshkosh Community Foundation to benefit the re-build of Little Oshkosh. Mayor Cummings stated he had attended Rib Fest and thought it was an excellent event. 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 L ICENSE H EARING Resolution 16-491 Approve Taxi-Cab Driver License / Lux MOTION: ADOPT (Pech; second, Palmeri) LOST: Noes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADOPT FINDING OF FACTS AND DETERMINATION OF COUNCIL (Pech; second, Panske) CARRIED: Ayes (7) Panske, Stepanek, Pech, Herman, Allison-Aasby, Mayor Cummings Mayor Cummings stated the applicant, Jodi Lux, was not present. Ms. Lorenson explained although Ms. Lux was not present Council should proceed with the hearing. She stated the City Clerk would file the application, petition, application denial and certificate of service. She explained the Police Chief would testify regarding the reasons he recommended denial. Ms. Ubrig stated an application for a taxi cab driver’s license was filed in the office of the City Clerk by Jodi Lux, a resident of the City of Oshkosh, on September 7, 2016. She explained on September 20, 2016 the City Clerk’s office was notified by Chief Dean Smith of the City of Oshkosh that Chief Smith would not recommend the approval of Ms. Lux. She stated a summons was issued to Ms. Lux notifying her that a petition to deny her application had been filed and a hearing would be held on Tuesday, October 25, 2016 at 6:00 p.m. She explained the summons and complaint were given to the Oshkosh Police Department for service on Ms. Lux. She stated a certificate of service was returned to the City Clerk’s office indicating that the summons and the complaint were received by Jill LeMay, Ms. Lux’s adult roommate, at 1:20 p.m. on October 23, 2016. Chief Dean Smith explained he had a responsibility per municipal code to investigate any license applications that came before the City. He stated during the Lux application investigation he performed a background as required by the municipal code. He explained he performed the background check in a similar manner as he did all background checks for taxi cab licenses. He stated he discovered information sufficient 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 to deny the application as the information was severe enough that the health, safety and wellbeing of the public would be placed at risk if Ms. Lux were granted the taxi cab license. Ms. Lorenson explained a copy of the petition had been provided to Council. Mayor Cummings declared the hearing closed as Ms. Lux was not present. Council Member Panske questioned if the 2008 DUI that was listed on Ms. Lux’s application needed to be to the petition as it was not listed in the information provided by Chief Smith. Ms. Lorenson explained that the Chief’s testimony was based on his review of the record and upon his review he believed there was sufficient basis to deny the application. She stated as Council had agreed with the denial based on the information provided by the Chief she did not believe it was necessary for additional information to be added. S PECIAL P RESENTATION Michael Slavney, Principal Planner, Vandewalle and Associates, explained it had been approximately three years since work had begun on the code rezoning project. He stated there had been a large amount of public participation. He explained the purpose of the zoning code rewrite was to protect property values in neighborhoods, support neighborhood stabilization efforts, promote redevelopment of aging properties especially in the downtown and riverfront areas, support mixed use development, address nonconforming situations, modernize land use regulations, increase predictability and simplify development procedures, and implement the recommendations of the 2005 Comprehensive Plan. He explained that whenever zoning codes were rewritten or map boundaries were changed there was the potential for nonconformities to arise. He stated the code addressed nonconforming lots, structures, and sites and included language to make them fully legal. He explained the steering committee that the City had established had met more than a dozen times and those meetings were open to the public. He stated the recommendations from the committee had been given to the Plan Commission whose meetings were also open to the public. He explained Vandewalle and Associates held a day long series of interviews with individuals in the community knowledgeable in development and planning and with focus groups made up of experts in similar fields such as lending, real estate and 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 economic development. He stated in August they had held an open house where members of the public could speak with planning staff about any questions or concerns they had. He explained within the code rewrite all lots and structures be fully conforming, there was more flexibility for additions and decks, more protection from intense uses through conditional use permits and buffers, new standards specific to land uses to increase predictability about site design requirements, and new rules for new signs. Jackie Mich, Assistant Planner, Vandewalle and Associates, presented a slide which explained the zoning code outline and districts. She stated the code increased the number of residential districts which included new small lot single family districts to match existing lot sizes and new higher density multifamily districts to promote redevelopment. She explained the City’s business districts were changed to a mixed use districts as residential uses create a market for commercial uses, contribute to community vitality and are based around character of the development. She stated the City’s industrial districts had few changes and reflected existing uses. She explained the code contained two new zoning districts; a rural holding district that included land that may be annexed to the City in the future and an institutional district intended for use of schools, hospitals, and churches. She presented a slide that explained the existing overlay districts within the City that remained in the code. She explained there were new and updated overlay districts that included a campus overlay, lakefront residential, riverfront overlay, planned development, and university transition overlay. She stated a key feature of the new zoning code was a new land use known as roommate living arrangement. She explained it was a residential land use in which a dwelling unit was occupied by 4 or 5 unrelated adult individuals. She stated this was part of the City’s stabilization efforts to control where student housing was and was not located. She explained this land use required an annual exterior inspection and limits on outdoor storage and required enough onsite parking for each occupant. She stated the goal was to allow this use to continue in the City but control where it was located. She explained it was permitted by right in the higher density residential and mixed use zoning districts and in the University Transition Overlay District regardless of the underlying zoning district. She stated it required a conditional use permit in single family and two family zoning districts and that the conditional use permit could be revoked if there were recurring nuisance issues or lack of compliance with the building and zoning codes. She explained another key feature of the new zoning code was a consolidated procedures table. She stated they had added exterior building design standards to the code for new development to reflect requirements that were previously applied on an ad hoc basis. She explained this would 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 apply to single and two family, multifamily, commercial, mixed, and industrial uses. She stated there were special design standards in the central mixed use district and the riverfront overlay district. She explained there was a design review process used for development in those areas. She stated there were new sign codes resulting from a Supreme Court judgement, Reed v Gilbert, which affected how cities could regulate the content of signs. She explained maximum sign height and sign area was reduced in some instances but remained generous as compared to neighboring communities. She stated new sign types were provided for new businesses. She explained that signs that do not meet the new sign code rules were considered nonconforming signs and could still be used in their current configuration and could be maintained and repaired. She stated a new point based system for landscaping was included to provide predictability and flexibility. She explained there were landscaping requirements for many areas on a site including a bufferyard between zoning districts. She stated landscaping requirements did not apply to single and two family uses. She explained the zoning map reflected more accurate zoning boundaries based on the detailed knowledge of City staff. She stated key map changes included rezoned areas to match use and lot size, refined zoning district boundaries to match existing commercial character especially in the downtown and commercial corridors, and applied the new overlay zoning districts. She stated the next steps in the process included the public hearing during the Council meeting on October 25, a vote by Common Council on November 8 to adopt the final Zoning Ordinance and Map with a delayed effective date of January 1, 2017. Mayor Cummings thanked all those involved for their hard work in the project. P UBLIC H EARING Ordinance 16-492 Repeal and Recreate Chapter 30 Zoning Ordinance and Zoning Map Effective January 1, 2017 (This Update Replaces the Existing Zoning Ordinance and Map Adopted in 1997) (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Shirley Mattox, 1313 Jackson Street, stated she had been made aware of the campus overlay district at the previous public meeting regarding the zoning rewrite. She stated the historic Jackson Drive neighborhood association was in the middle of the overlay district. She explained the association had circulated a petition. She stated Jackson Street 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 from Murdock Avenue to Church Avenue was a historic residential district with many homes of historical significance to the City. She explained Jackson Street was a gateway from the north and gave visitors a positive first impression of Oshkosh. She stated the petition requested removing historic Jackson Street from the UW Oshkosh transition overlay district. She explained six individuals circulated the petition and there were 76 signatures. She stated the neighborhood association would like to continue to promote home ownership within their neighborhood. She explained with online classes becoming popular the City may want to be conservative with how much space to reserve for student housing. She stated millennials who wanted to live in the central city may buy historic properties in the future. She presented the petition to Ms. Ubrig. The petition will remain on file in the City Clerk’s office. Mayor Cummings questioned how to address the change Ms. Mattox proposed. Ms. Lorenson explained the ordinance was not up for action therefore it would not be appropriate to discuss an amendment. Council Member Herman questioned if Council could make recommendations to staff regarding the ordinance prior to the next Council meeting. Mr. Rohloff stated that would be helpful. He explained if staff was made aware in advance of changes Council would like to see they could draft an amendment. Council Member Palmeri questioned if Council could ask questions of City staff during the meeting. Mr. Rohloff stated they could. Darryn Burich, Planning Services Manager, stated since City staff had published the proposed ordinance in the newspaper they had received feedback from citizens and planned to recommend changes to the ordinance in light of that feedback. He explained Council would be provided a memo detailing those recommendations. He stated City staff had been made aware of the concerns of the Jackson Street Neighborhood Association and had drafted eight different alternatives to change the boundaries of the transition overlay district. 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Council Member Palmeri questioned if the neighborhood association members had been contacted for their input on the ordinance. Mr. Burich stated City staff had sent information to the neighborhood associations and believed they had asked for input through GO-HNI but did not believe City staff had received any specific input. Council Member Palmeri questioned if there had been collaboration with the university’s master plan. Mr. Burich stated how the zoning map had been drafted did not impact the university’s master plan. He stated at the present time the university was in a residential zone and the proposed zoning ordinance would place them into a campus or institutional overlay zone which would be more appropriate. He stated because of their current residential zone the university was required to come to Council for decisions on items such as signs and antennas and the new proposed zoning would eliminate that requirement. Council Member Palmeri questioned if Mr. Burich was referring to the proposed changes in the administration procedures, Article 11, whereby large developments do not come to Council but get decided at Plan Commission. Mr. Burich stated no. He explained with the proposed code the university was mapped and would no longer be in a residential zone. He stated this would eliminate the need for many conditional use permits and allow the university to have flexibility. He explained what Council Member Palmeri was referring to was City staff proposed public hearings for items such as conditional use permits take place before the Plan Commission. He stated if there was a problem or an appeal with the conditional use permit then the issue would automatically go before Common Council. He explained a majority of the time conditional use permits are brought to Council as a consent agenda item. He stated the process would become more efficient but still have Common Council in place if an appeal was requested. Council Member Palmeri questioned if that process were to be adopted would the Plan Commission look at changing their meeting time to become more accessible. 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Burich stated the Plan Commission could consider changing the time however they had not had a problem with citizens attending the current meeting time. He explained they had experienced positive citizen turnout in the past. C ITIZEN S TATEMENTS TO C OUNCIL Shirley Mattox, 1313 Jackson Street, complimented the work that had been done on North Main Street. She explained she believed the neighborhood was an ideal model for the City. C ONSENT A GENDA Report of Bills by the Finance Director Receipt & Filing of Museum Board Minutes from October 6, 2016 Resolution 16-493 Consideration of an Initial Resolution Regarding Revenue Bond Financing for Paine Art Center and Gardens, Inc. Project. Information with Respect to the Job Impact of the Project will be Available at the Time of Consideration of the Initial Resolution Mayor Cummings asked for an explanation of the project. Aaron Sherer, Executive Director of Paine Arts Center and Gardens, explained they were working on the addition of a new parking lot and new formal garden on the back of the property. He stated when seeking financing it had been determined that tax exempt bonds were a desirable option for the Paine. Council Member Herman asked for an explanation of the timeline for the project. Mr. Sherer stated most of the projects would be complete within the following year. Resolution 16-494 Authorizing the Redemption of Certain Outstanding Bonds of the City of Oshkosh, Winnebago County, Wisconsin; and Related Matters (Series 2006-C Issued for the Purpose of Financing TID #20 Improvements) 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Council Member Herman asked for an explanation of how the TIF district would be impacted. Allen Davis, Director of Community Development, stated the City would save on interest costs. He explained the savings would benefit both the City and the TIF district due to cutting the interest costs from between 5 and 6 percent to zero interest costs for the principal remaining. Council Member Herman questioned if the area was part of the South Shore redevelopment. Mr. Davis stated it was and had been complete in the area of the Brian Burns apartment project. Council Member Herman questioned if the project was complete or if there were additional projects waiting to be complete in the district. Mr. Davis explained there were other projects within the TIF that needed to be completed especially the Riverwalk. Council Member Herman stated he supported such redemptions and had recommended in past budget hearings to continue to look at ways to reduce the City’s debt. Resolution 16-495 Approve Accepting Dedication of Street Right of Way at 2510 West th 9 Avenue Resolution 16-496 Approval Engineering Services Agreement with Speedy Clean Drain and Sewer for Sanitary and Storm Sewer Main and Lateral Televising ($179,010.00) Resolution 16-497 Award Bid to LaForce Inc. for Exterior Door Replacements for Wastewater Utility Wastewater Treatment Plant ($64,600.00) Resolution 16-498 Approve Special Event – DuTriRun Charities to utilize the Leach Amphitheater & City streets for the Oshkosh Marathon / April 29 & 30, 2017 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Resolution 16-499 Approve Special Event – DuTriRun Charities to utilize City streets for the Race the Lake / August 20, 2017 Resolution 16-500 Approve Special Event – Special Olympics Wisconsin – Fox Valley to utilize Menominee Park & City streets for the Polar Plunge and Freezin’ for a Reason 5K / February 17 & 18, 2017 Resolution 16-501 Disallowance of Claim by Cory Schultz & Gerald Schultz Resolution 16-502 Approve Appointment to the BID Board Resolution 16-503 Approve Agent Change for Combination “Class B” License, Special Class “B” Licenses, Operator Licenses & Secondhand Dealer License MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Stepanek) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 16-504 Modify Parking Regulations on Eagle Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 16-505 Approve Request to Annex to the City from the Town of Oshkosh / Olsen Annexation, 2508 Shorewood Drive (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 16-506 Approve Cooperative Agreement between the State of Wisconsin, Department of Transportation and the Oshkosh Metropolitan Planning Organization and GO Transit MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Rohloff explained the City was required to maintain a cooperative agreement with the Metropolitan Planning Organization to retain the eligibility for transit funds. Resolution 16-507 Approve Fees for Special Events Utilizing Park Facilities (Advisory Park Board Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Panske, Stepanek, Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Ellen Schmidt, 4303 Swallow Banks Lane, stated the City would receive $9,400 in fee revenue from special events utilizing park facilities. She explained Sawdust Days’ portion would be $6,840. She stated a significant part of the expense was due to Sawdust Days’ needing to rent the shelters for nine days. She questioned why citizens would be restricted from renting the shelters prior to opening and after closing of Sawdust Days. She asked for an explanation of proof that 100 boats without stickers would utilize the three ramps over the course of nine days. She stated there would be a minimal impact on the other events using park facilities. She explained Sawdust Days had invested over $34,000 in a two year period into infrastructure in the parks for electrical services. She stated they had also donated to the zoo. She explained there were nonprofit organizations, such as veteran’s organizations, that depended on Sawdust Days as their biggest fundraiser. She stated Sawdust Days existed to provide a free community festival and there were an increasing number of expenses being delegated to Sawdust Days. She explained if the City wanted to allow citizens to rent the shelters Sawdust Days could accommodate some of those requests and provide parking. She asked for an explanation of what led to the determination of Sawdust Days responsibility of the shelters and boat ramps. She stated Sawdust Days would continue despite financial burdens as the committee was dedicated to providing a free community festival. She asked for the Council’s help in continuing the event. Ray Maurer, Director of Parks, stated the boat launch fee was established in section 19 of the municipal code. He explained it offered larger fishing tournaments with over 200 boats the option to buy out the boat ramps at a cost of $500 per day to allow for the entire boat launch area, including the parking lot, to be utilized for the tournament. He stated this was a separate fee already in existence in the municipal code. He explained when the Parks Board looked at the Sawdust Days event they determined it should not be 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 treated any differently than a fishing tournament or other event that consumes the boat launch area during a peak season. He stated he did not think it was feasible to offer park shelters for rent to the community during the set up and takedown of Sawdust Days. He explained the incoming and outgoing equipment and vendors would take away from the enjoyment of those who would rent the shelter as well as the general public who may use the park. He stated the Parks Board needed to remain consistent for all events in the parks. Council Member Herman stated he was a member of the Parks Board and had participated in discussions regarding how events not only used park facilities but prevented the use of park facilities by members of the public. He explained the volleyball courts, the gazebo, and softball diamonds were examples of facilities that could not be used by the general public during an event such as Sawdust Days. He questioned if there were additional facilities that could not be used during a big event such as Sawdust Days or RibFest. Mr. Maurer indicated that access roads were often blocked off during large events making it difficult to get to facilities within the park. Council Member Herman asked for clarification if the ordinance would be in effect from April 1 through October 31 and not year round. Mr. Maurer stated the Parks Board had decided April 1 through October 31 was the shelter rental season. He explained outside of that season the shelters are not available for rent. Council Member Palmeri questioned if the Oshkosh Area School District and Recreation Department were exempt from the fees. Mr. Maurer stated he was not aware of any special events that were offered through the school district or the recreation department. He explained he was not aware of any groups that would be exempt at this time. Council Member Panske questioned if there had been an opportunity for families to rent out the shelters during Sawdust Days. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Maurer stated City staff had received calls with inquiries regarding renting the shelters during the special event, however, upon being told the special event was going to be occurring, no longer wished to rent the shelter. Council Member Panske questioned if Sawdust Days had received inquiries regarding renting the shelters during Sawdust Days. She explained she could see a benefit in having shelter rental available to the public during the event. Ms. Schmidt indicated Sawdust Days had offered to rent the larger shelters. She explained there were two smaller shelters that could not be rented during the event. She stated she had offered to rent the shelters and provide special parking for those rentals but had been told by the City Manager and Parks Director that it was not feasible to do so. Council Member Panske asked if that statement was true. Mr. Maurer stated if that statement had been made it was due to the experience of having citizens call wanting to rent the shelters and changing their mind after learning an event was occurring. He explained that the Parks Board needed to stay consistent and if a special event took over an area that contained the park shelters those responsible for the event would also be responsible for paying for the shelters as they would not be easily accessible to the general public. Council Member Panske stated Ms. Schmidt indicated she would allow individuals to rent the shelters. Mr. Rohloff stated it would not be in good conscience of the City to indicate to a citizen that they would have use of the shelter as they would for any other event. He explained the special event consuming the area surrounding the shelter would take away from the shelter being able to be used for any other purpose. Mr. Maurer stated it would be difficult to reserve parking during Sawdust Days for a family renting a shelter who would need 30 to 40 parking spots. He explained to have a family event and be able to accommodate parking would be difficult. Council Member Palmeri questioned if Sawdust Days would be able to ‘sublet’ the shelters to recoup a portion of the fees incurred from renting the shelters. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Maurer stated yes and that would be up to Sawdust Days to decide if it was a route they wanted to pursue. He explained other events, including Waterfest, utilized VIP areas. Mayor Cummings thanked Council Member Herman for his efforts on the Parks Board. Council Member Herman explained there had been many discussions regarding issues surrounding the Parks Board decision but ultimately the Park Board needed to remain fair and consistent with all events. Mayor Cummings stated due to a tight budget the City could not overlook consistency with fees. Council Member Herman stated the County had adopted a similar ordinance for County Parks. Mayor Cummings stated there had been costs incurred after Sawdust Days that had not been anticipated and explained the City needed to exercise caution with funds. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER AND F UTURE A GENDA I TEMS Mayor Cummings reminded Council of the Budget Hearing on Wednesday, November th 9 during the Council meeting. Mr. Rohloff explained it would be the Public Hearing portion of the budget process. He reminded Council that the Council meeting would take place on Wednesday, November thth 9 due to the General Election held on Tuesday, November 8. Council Member Pech thanked Oshkosh Media Services for their efforts. He stated even though he was traveling he was able to watch a large amount of the budget workshops through Oshkosh Media. nd Mayor Cummings reminded Council of the Budget Workshop on November 2 from 5:00 p.m. until 7:00 p.m. 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Mr. Rohloff stated the first portion of the meeting would cover the Capital Improvements Plan for Public Works and the second portion would be for City staff to receive input from Council on any questions or concerns. He explained City staff would like as much nd input as possible from Council during the meeting on November 2. He stated City staff would summarize the recommendations and provide the document in the Council th packets prior to the Wednesday, November 9 Council meeting. He explained Council would have an additional opportunity to provide recommendations during that time. He stated the earlier Council provided input the easier the Council meeting would be on nd November 22. Council Member Allison-Aasby questioned when Council would like to have the closed session meeting to discuss Mr. Rohloff’s annual review. nd Council Member Herman recommended November 2. nd Council Member Allison-Aasby stated there would be a closed session November 2 following the budget workshop. She explained Mr. Rohloff’s annual review would take place on December 13, 2016. Council Member Herman stated that while he liked the two day budget workshop format he believed there were some departments that did not receive a fair amount of time. He recommended adjusting the time frame in the future to give each department an appropriate amount of time to come before Council. Council Member Allison-Aasby agreed and stated Council could work with the departments who had smaller budgets on a separate date or could work with department heads who still had concerns at a later date. Mr. Rohloff stated he would work with City staff to improve the process. He explained CIPs with Public Works may need to get scheduled for a different date in the future as they are time consuming. He stated he had followed up with department heads and some had felt rushed but nobody had felt denied adequate time. Council Member Palmeri recommended a time slot at the end of the budget workshops where department heads who still had concerns or believed they had not had enough time could come back before Council. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Council Member Panske explained Cabulance would be providing free rides to the polls on Election Day from 7 a.m. until 2:30 p.m. She stated it was geared towards those who st have mobility issues and citizens would need to call before November 1 to schedule a ride. She explained the ride was free but Cabulance would accept donations in the form of canned food for the food pantry. She stated if a citizen wanted to support the effort they could donate to a box at Piggly Wiggly. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS st Mr. Rohloff reminded Council of Trick or Treat hours on October 31 from 5:00 p.m. until th 7:00 p.m. He reminded citizens due to Election Day on November 8, the Council th meeting would take place Wednesday, November 9. He explained in person absentee th voting was available at the Oshkosh Convention Center weekdays through November 4 th from 8:00 a.m. until 4:30 p.m. and open until 5:00 p.m. on November 4. He stated he had received feedback from the public that voting had been easy and convenient. He explained it had been well organized and thanked the City Clerk and her staff for the hard work. He stated within Council’s packets was a report on Sawdust Days from the Special Events Coordinator Kathy Snell with contributions from additional City staff who were directly involved with the event. He explained the report identified problem areas including animals that had not been identified in the application. He stated a white tiger and a primate exhibit were present and had to be removed from the grounds as accommodations had not been made for them. He explained there had been an ongoing issue with illegal spills; specifically vendors pouring grease down storm drains. He stated despite education efforts it continued to happen and was a significant problem as the City could be held liable as the event was issued a permit and held on City grounds. He explained Timothy Franz, Fire Chief, had indicated good cooperation and compliance in regards to fire inspections. He stated according to the application the encampment area was reserved for vendor and exhibit staff but had been rented by Sawdust Days to private individuals. He explained Mr. Maurer had contact with an individual who explained he had camped at the park for several years. He stated this was not disclosed 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 on the application. He explained there had been post event cleanup that lasted nearly two weeks after the event. He stated it had taken up significant park staff time during peak mowing season. He explained there had been public safety concerns identified by Chief Smith and Chief Franz. He stated the incident that occurred after the fireworks show took police officers away from most other areas of the City. He explained they had to call in assistance from the University Police and the Sherriff’s Department as well as members of the Fire Department who would not typically respond to such an incident. He explained the concern was not focused on the cost of such a service but the availability of officers able to respond. He stated both he and Chief Smith had a significant concern about the ability to have sufficient staffing at the event to keep both the public and personnel safe. He explained the City had a well-staffed police department but the event put too great of a strain on their resources. He stated he had concerns that the event could have a significant impact on community wide public safety. Council Member Allison-Aasby questioned how many individuals were involved in the incident. Chief Smith explained there had been approximately 50 calls for service within the park and an additional 33 calls for service within the neighborhood surrounding the park during the event. He stated on Saturday night there were approximately 50 individuals on Irving Street removing their shirts about to engage in a fight but police officers were able to subdue the situation. He explained on Sunday there was a group of approximately 40 individuals that had to be closely monitored during the event. He th stated on Monday the same group returned. He explained on July 4 after the fireworks several individuals, many of them juveniles, began fighting in the carnival area. He stated officers tried to take the individuals into custody but were met with additional individuals shouting at the officers and creating a disturbance. He explained the officers felt uncomfortable taking the individuals into custody while additional officers had to hold individuals back. He stated six people from the fight were charged. He explained it had been a difficult situation and all officers had been brought in from the streets leaving the streets uncovered. Council Member Pech questioned if any officers had been injured. Chief Smith stated there had been minor injuries such as scraped knees and elbows. Council Member Herman questioned if the tactical unit had been on site for the event 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Chief Smith stated they had not and would reevaluate the situation for future events. Council Member Herman questioned how many officers had been assigned to the event. Chief Smith stated it depended on the hour of the day. Council Member Herman questioned during the evening when potential issues could occur. Chief Smith stated approximately 5 or 6 were assigned. Council Member Herman questioned if 15 or 20 officers were then on scene when the incident took place. Chief Smith stated yes. Council Member Pech stated those officers had been taken away from other areas of the community. Chief Smith stated that was correct. Council Member Palmeri stated it was her understanding there had also been University Police and the Sheriff’s Department present during the incident while there had been a traffic incident. Chief Smith stated during the incident there had been a hit and run accident within the City and the Fire Department had to respond initially until the Oshkosh Police Department could request University Police to respond to the accident. He stated the Fire Department also assisted during the incident in the carnival to help keep the situation under control. Council Member Herman questioned how many individuals from the Fire Department and how many ambulances were staffed during Sawdust Days. th Chief Franz stated on the 4 of July from 4:00 p.m. until midnight they had scheduled one unit to be present but during the peak time of the incident that had not been enough. He explained prior to the incident they had been responding to approximately one or two 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 th calls a day at the event. He stated on the 4 during the incident there were three calls within the park and eight calls within the vicinity from Irving Avenue to Merritt Street and Bowen Street within an hour. He explained that was pushing the department’s resources to the absolute limit. He stated a normal peak time usually did not exceed three calls an hour and stressed during the hour of the incident they responded to eight calls. Council Member Herman questioned if the calls were attributed to Sawdust Days specifically or it was the concentration of people due both the event and the fireworks. Chief Franz indicated it was due to the concentration of people. He stated in addition to the car versus pedestrian accident an individual had fallen in the street for unknown reasons. He explained it was protocol to have an officer assist in such a situation but police officers were unable to respond. He stated there were several incidents in which it would have been safer to operate in tandem with the police department but police officers were not available. Council Member Pech questioned how RibFest incident reports compared to Sawdust Days. Chief Franz stated in regards to the Fire Department there had been no significant issues or increases in demand. Chief Smith stated the Police Department experienced one incident with an intoxicated individual. He explained they had two officers assigned to the event which was adequate. Council Member Pech stated within the report there were items identified as issues in previous years that remained issues at the most recent event. He questioned why these items had not been addressed specifically the dumping of grease. Kathryn Snell, Special Events Coordinator, stated she and Mr. Maurer had met with Ms. Schmidt and a Sawdust Days committee member to discuss issues such as the dumping of grease. She explained Sawdust Days staff had made efforts to put additional signage in two languages in the park to notify their vendors but the dumping of grease still occurred. Council Member Pech asked for an explanation of Sawdust Days continuing to neglect to gain proper approval for activities leading to unapproved animal exhibits. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 Ms. Snell stated she had met with Ms. Schmidt and committee members prior to the event coming to Council for approval. She explained they had discussed animals being present in the park and the petting zoo continuing operation but were not made aware of white tigers or monkeys at that time. She stated she had been made aware of the primates within days of the event and was able to have a discussion with the vendor ahead of time to prevent them bringing the primates. She explained she had been made aware of the white tiger on set up day and informed Ms. Schmidt the tiger was not able to be part of the event as it had not been included in the application. Council Member Pech noted that Sawdust Days was made aware of cooking oil and thth drums that needed to be removed on July 14 and they were not removed until July 19. Council Member Palmeri asked for an explanation of the additional cleanup costs were. Mr. Maurer stated the total cost for the event was $23,624. He explained there was an additional $334 required for sweepers, $601 for vacuum trucks and $360 for Public Works labor. He stated the additional total was over $1,200. Council Member Palmeri stated that total did not include the spillover of cleanup costs in the neighborhoods but only the park itself. Mr. Maurer stated that was correct. Ms. Schmidt stated from the audience that Sawdust Days paid the bill. Mayor Cummings indicated Ms. Schmidt was out of order. Council Member Pech stated he understood that the bill had been paid but there were items included in the report that Council had been assured would be taken care of and had been pointed out to Sawdust Days staff in previous years that still continued to happen. He explained that was the issue he had and believed additional Council Members had. He stated he also had concerns with putting the entire community at risk due to the incidents the Chief of Police had noted. rd Mr. Rohloff stated Council had been provided the 3 quarter update for the City’s 2016 Strategic Plan. He explained there were multiple areas showing goals that had been accomplished and additional areas showing goals where the City was making appropriate progress. He stated there were a few areas that had not moved forward. He 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 stated some of those items were a conscious effort not to move forward yet and others were an ongoing effort such as the Menominee Park master plan. He stated areas where they had not made appropriate progress such as the Nicolet retention pond were due to budget constraints where bids came in higher than expected leading to the projects becoming delayed. He explained he was pleased overall with the progress the City had made. He stated any ongoing items would carry over into the newly adopted 2017 Strategic Plan. He explained he and Council attended the League of Municipalities Conferences and had received information from various presentations. He stated he and Council Member Palmeri attended a session on priority based budgeting and learned what the League was recommending in regards to the capital improvements process was exactly what the City was presently doing. He explained he had attended a session on pay issues and learned a number of communities were having the same struggle of training supervisors to implement the performance based pay system as well as wage compression which was a lengthy discussion. Council Member Herman stated he attended the priority based budgeting session and questioned if it would be appropriate to purchase the software. He explained he understood it was expensive but could play a significant role in the budget process. He stated it was interesting to listen to the two candidates and their difference in opinion. Mayor Cummings stated it had been his fifth year in attendance and found networking to be the biggest benefit. He explained he noted that nearly every community within the state regardless of size struggled with the same issues. He stated it had been the consensus of many individuals he spoke with that the legislature in Madison continued to take away power from local government especially surrounding budgets. He explained it was a benefit to network with communities who had implemented ordinances that the City had been thinking about and use those ordinances as a point of references which saved the taxpayers money. He encouraged Council Members to attend the following year as it was time well invested in the future of Oshkosh. Council Member Palmeri stated as a new member of Council she found many of the sessions beneficial. She explained she especially found the priority based budgeting valuable. She stated she found value in meeting other elected officials and learning that their communities are also facing similar issues to Oshkosh. Mr. Rohloff stated City staff had previously reported that Packers Pub had an interested buyer. He explained that the sale fell through which had taken the current owners by 21 P ROCEEDINGS OF THE C OMMON C OUNCIL – O CTOBER 25, 2016 surprise. He recommended Council give the owners time to move forward from the setback and touch base with them at the end of the year. Council Member Pech explained he and other Council members would be available after the meeting to answer questions from the university class present in the audience. MOTION: ADJOURN (Herman; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:52 p.m. PAMELA R. UBRIG CITY CLERK 22