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HomeMy WebLinkAbout02. Common Council Minutes P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN J ANUARY 24, 2017 REGULAR MEETING held Tuesday, January 24, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri, Steven Herman, and Mayor Steve Cummings EXCUSED: Council Member Caroline Panske ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Nikki Paulsen and Alexis Appleton from Martin Luther Lutheran School; and, Lydia Fulton and Emelia Yahnke from Grace Lutheran School. I NTRODUCTION OF C ITY S TAFF Mr. Rohloff introduced Kelly Nieforth, Economic Development Services Manager. He explained her position had been reclassified and she would now manage the economic development division. He stated she would work closely with the Greater Oshkosh Economic Development Corporation and act as a liaison between the development community and any other department in the City when they are seeking assistance on development facilitation. He explained she had worked for the City for a number of years as an economic development specialist and had previously worked for Calumet County. He introduced Brad Priebe, Assistant City Attorney. He explained he had been the City’s municipal prosecutor since 2007 and handled citations issued by the police, fire and inspections departments. He stated his role had been formalized to Assistant City Attorney and expanded to include nuisance abatement and other related items. He explained he was a 1991 graduate of UW Oshkosh and 1994 graduate of Temple Law 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 School in Philadelphia. He stated he had 22 years of experience as an assistant district attorney, circuit court judge and private practice attorney. Ray Mauer, Director of Parks, introduced Jean Wollerman, Senior Services Manager. He stated she had been the older active adult director for the Neenah/Menasha YMCA for 25 years. He explained she had been the senior center director for the City of Menasha since th 2010. He stated she had started in her position on January 9, 2017 and would also work as the City staff liaison with the Committee on Aging. Dean Smith, Chief of Police, introduced Matt Kroening, Police Liuetenant. He stated he had been with the Oshkosh Police Department for 22 years; the previous 15 years as a sergeant. He explained prior to coming to Oshkosh he worked briefly with the Milwaukee Police Department and had over 25 years of law enforcement experience. He stated he had been a high profile individual as district 1 supervisor and was instrumental in the activities around the university. He explained he had a passion for history and was a graduate of Oshkosh West and UW Oshkosh. He stated his promotion was th effective January 13, 2017. He introduced Dave Maas, Police Sergeant. He stated he had been with the Oshkosh Police Department for 8 years and had previously worked as a community service officer for Platteville while attending the university. He explained he had been working in the Oshkosh area schools for a number of years; most recently at Oshkosh West High School as a School Resource Officer. He stated he was proud to promote both individuals to their new ranks. P RESENTATION Jason White, Greater Oshkosh Economic Development Corporation, stated the corporation was in the third year of its strategic plan. He explained they were thankful for the support they had received from both the public and private sectors. He stated they had continued to maintain a ratio of 1/3 local government funding sources and 2/3 supported through private businesses throughout the community. He explained the organization is a great example of what a private/public partnership should be. He stated Council had been provided a multi-page handout detailing the accomplishments of 2016. He encouraged Council to review the information and ask questions. He explained they appreciated the support of both the community and investor base. He stated the organization’s staff was committed to the community and passionate about producing outcomes. He explained at the end of 2016 they had produced a list of the top ways Greater Oshkosh EDC had influenced the greater Oshkosh economy in 2016. He stated 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 their project portfolio translated to nearly 307 new jobs, 916 retained jobs and $45 million in new capital investment. He stated in the first year of the strategic plan they had connected with over 150 CEO’s in the community, accomplishing the ongoing goal. He explained in the second year of the strategic plan they had achieved 160% of that goal. He thanked the City for helping them accomplish that benchmark. He stated they had created the vision for the Sawdust District. He explained many people were anxious to talk about the arena although the project was bigger than that from the standpoint of the Pioneer, the potential entertainment district, greenspace, office properties and so on. He stated they were excited about the potential that would bring to the south shore of Oshkosh. He explained to remain a flexible organization they needed to remain aware of the current challenges holding Oshkosh back economically and be prepared to address them as needed. He stated they were becoming more involved in the area of workforce development. He explained there was a need to further develop and expand the existing workforce in the community and therefore they were actively looking at ways to attain and attract talent to the greater Oshkosh area. He stated initiatives they had begun and would continue to develop included promoting the Oshkosh area as a desired place to live, partnering with area groups to expand public transportation options, forming partnerships with UW Oshkosh and Fox Valley Technical College, supporting the efforts of Oshkosh for Education to provide a quality K-12 education program, and forming additional partnerships around the availability of early childhood options and quality daycare for all hours. He explained it was important for GO-EDC and the community take in all of the above and all hands on deck approach when it comes to workforce development. He stated although the community was fortunate in that there were a number of companies in the area that were growing and creating jobs, the significance of the other side of workforce development should not be discounted. Audra Hoy, GO-EDC, explained the aviation business park was submitted as a gold shovel beta site for the New North. She stated a gold shovel site needs to meet criteria that make it easier for development. She explained the designate would flag the site as an easy place to ‘set up shop’. She stated in 2016 they had met with over 130 companies in the aviation realm and discussed their plans and needs. She explained there was concern for some companies surrounding the climate of the area, however, some were interested in expanding or relocating to Oshkosh. She stated they had 9 solid leads that were moving forward. She explained the initiative for 2016 had been ‘Oshkosh is open for business’ which encouraged companies and individuals to come to Oshkosh to open and keep their business and the goal of 2017 was to build upon that foundation. She stated they were looking at different types of advertising, prospecting, and an in-depth 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 focus. She explained Council had reallocated $250,000 from the general loan fund to the capital catalyst fund. She stated GO-EDC had held many conversations with different business; some who did not meet the criteria for the fund. She explained they were looking for high tech growth industries such as IT, manufacturing, biosciences, medical research, and aviation. She explained they had two awardees; one as recent as that morning. She stated she was not able to divulge too much information and would follow up with communication to the long range finance committee and Council. She explained they were entering the third year of their strategic plan. She stated the strategic plan was dated 2015 through 2017 and there was no existing staff present when it had been founded. She explained staff was working on a strategic plan that they had not been present to cultivate and were looking forward to beginning the next strategic plan. She stated although there was a year left they wanted to get the 2018-2020 strategic plan in place and ready to go by the second quarter of 2017. She explained part of the plan would be to serve internal stakeholders such as the board, committees and staff in addition to external stakeholders such as Council, City staff and investors. She stated a survey would be provided for Council and additional stakeholders to be able to provide feedback to GO-EDC. She thanked Council for their ongoing support. Council Member Pech questioned if the annual report was available on the GO-EDC website. Mr. White stated the information provided to Council was not presently on the GO-EDC website. Council Member Pech questioned if City staff could put the information on the City’s website. Mr. White stated yes. Council Member Pech stated as the chair of the long range finance committee he had appreciated working with GO-EDC and establishing the capital catalyst fund. He explained the ability to leverage funds from both the City and WEDC demonstrated that Council was committed to economic development and appreciative of the public/private partnership with GO-EDC. 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Council Member Herman asked for an explanation of what challenges GO-EDC and the City faced. He questioned if there were any hurdles the City would be able to help overcome. Mr. White stated he had observed that economic growth was concentrated on growth industries such as IT, manufacturing and aerospace. He explained unless a number of people entered into those occupations there would be a shortage which was the present situation in the community. He stated there would need to be a community wide effort to develop a workforce. He explained in an arena discussion with the plan commission he had expressed the need to promote the quality of life of the community. He stated the arena would be a proponent of supporting everything the community had to offer. He explained a workforce economist had indicated as larger employers in the area continued to grow the unemployment rate in the community could be at a historic low. He stated at some point Oshkosh would need to attract more workers and not rely on the existing base. He explained the importance of highlighting the area as a destination for families and workers as well as a welcoming community. Council Member Pech stated GO-EDC was partnering with the University of Oshkosh, Fox Valley Technical College and the Oshkosh Area School district to begin to address the need of workforce development. Mr. White stated workforce development was one angle. He explained there were additional components such as helping local companies open up new markets around the globe. He stated they had supported the hiring of an export trade consultant at UW Oshkosh. Council Member Pech questioned if the international trade zone established at the Wittman Regional Airport was being utilized. Mr. White stated it was a useful tool but had not been utilized as of yet. He explained they expected to make use of it with future tenants of the aviation business park. Council Member Allison-Aasby questioned out of the 9 leads GO-EDC had if any were a result of the efforts with EAA during the past year. 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Ms. Hoy stated yes; all of the leads were a result of efforts with EAA. She explained they were working at how to further develop that resource to result in a bigger and better impact. Council Member Allison-Aasby stated GO-EDC’s presence last year was a foundation that could be built upon. Ms. Hoy stated she believed in the past businesses had approached GO-EDC and now they were positioned where they could take initiative and approach businesses. She explained they needed to discover the most effective means to promote themselves through items such as trade publications or articles. Mayor Cummings asked for an explanation of the perspective the potential businesses had on the renovation of the aviation business park. Ms. Hoy stated she did not believe many business owners were aware there was available space in Oshkosh. She explained GO-EDC had been on an ‘awareness campaign’ to extend the invitation to prospective businesses. Mayor Cummings thanked GO-EDC for their success in the community. P UBLIC H EARING Ordinance 17-23 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Located at 2521 & 2615 Bowen Street from Industrial to Residential; Approve Rezoning of Property located at 2521 & 2615 Bowen Street from UI Urban Industrial to MR-12 Multi Family Residential- 12 (Plan Commission Recommends Approval) MOTION: WAIVE THE RULES (Pech; second, Palmeri) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Attorney Charles Williams, 1416 Menominee Drive, stated he was present to represent Anchorage Realty, the property owner. He stated time was of the essence for the property owner and to be able to begin the development they needed to send plans to the state for approval. He explained the plans had been reviewed by zoning department staff and plan commission who recommended the approval. He stated the property was located on North Bowen Street in an area that had formerly been an industrial park. He explained the street was a gateway into the City and the project would improve the area. He stated they planned to build two six unit apartment buildings with mini-storage behind the apartments. He explained the property had been occupied by several businesses throughout the years and had been destroyed by a fire in November. He stated he believed the development would be an improvement and would not be detrimental to other nearby commercial property. He explained the proposed development would improve the aesthetic of Bowen Street corridor which was identified as a gateway into Oshkosh in the 2001 Mayor’s Gateway Report. He stated the proposed development would provide a much needed ‘facelift’ to the area and a buffer to the industrial sites to the west. He explained TR Karrels and Associates stated the potential rezoning would not be detrimental to the financial stability of the economic welfare of the City. He stated the design of the units was unique in that they were 3 bedroom units with one bedroom downstairs and two upstairs. He explained the units would contain a washer and dryer and have access to a garage. He stated they would not be subsidized and would be market rate apartments. He explained they would like to build the units so they would be available to rent as soon as possible. He requested Council to waive the rules so plans could move forward as he was not aware that there had been any objections to the potential rezoning. Council Member Herman stated he appreciated how well thought out the project was. He stated he supported moving it forward due to the fact that the only thing holding the project back was Council approval of the rezoning. Mayor Cummings stated he believed the development would make a nice addition to the City. C ITIZEN S TATEMENTS Council Member Pech stated resolution 17-47 had been withdrawn from the agenda. He questioned if it would be appropriate for individuals who had planned to speak on the issue to do so during citizen statements. 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Ms. Lorenson stated that would be an appropriate time to address the issue. Council Member Pech stated if there were individuals interested in speaking on the topic they were able to participate during citizen statements. He explained the resolution would return to a Council agenda at a later date. There were no citizen statements to Council. C ONSENT A GENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from January 10, 2017 Receipt & Filing of Museum Board Minutes from December 1, 2016 Resolution 17-24 Approve Initial Resolution for Special Assessments Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program Near East Side – Contract No. 17-04 Resolution 17-25 Approve Final Resolution for Special Assessments – Contract No. 17-17 / Hemlock Court & Fraser Drive - Concrete Paving Resolution 17-26 Approve Agreement with LifeQuest Services for EMS Billing & Collection Services for the Oshkosh Fire Department (5.25%, 2017- 2019) Council Member Palmeri asked for an explanation of the analysis. Tim Franz, Fire Chief, stated last year Council had requested that the Fire Department seek out competitive proposals for ambulance billing services prior to the renewal of the contract. He explained a representative from Life Quest Services was present to answer questions. He stated previously Life Quest Services previously received 5.49 percent of monies collected for services. He explained that had been reduced by .24 percent and in doing so the City would pay less for the service and would not result in a difficult transition that could occur if the City switched service providers. 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Resolution 17-27 Approve Engineering Services Agreement with CH2M HILL Engineers, Inc. for Water Filtration Plant Clearwells Replacement Final Design ($932,940.00) Resolution 17-28 Approve Engineering Services Agreement with CH2M HILL Engineers, Inc. for Wastewater Treatment Plant Motor Control Centers & Electrical System Study ($235,220.00) Resolution 17-29 Award Bid to Gegare Tile Inc. for Flooring Replacement for the Oshkosh Seniors Center ($27,733.00) Council Member Herman questioned which Senior Center location would experience the floor replacement. Ray Maurer, Director of Parks, stated the majority would take place in the south side building, specifically in the Willow room, the great room and staff office areas. He explained the north side building would have some replacements in staff office areas as well as a portion of the Oasis room. Council Member Herman stated he wanted citizens to be aware of the areas of the Senior Center that would be receiving improvements. Mr. Maurer stated the main entrance in the south side building had been revamped approximately two years ago and improving the great room would be a nice addition. He explained the rooms that had been formerly occupied by LSS Services would also have the floors replaced. Resolution 17-30 Award Bid to Process Equipment Repair Services, Inc. for Bar Screen Rail Replacement for the Wastewater Treatment Plant ($139,499.00) Resolution 17-31 Approve Renewing Bird City Wisconsin Designation; Designate May 6, 2017 as International Migratory Bird Day Resolution 17-32 Rescind Personal Property Taxes – Oshkosh Pizza Ranch Located at 1051 S. Washburn Street 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Resolution 17-33 Approve Special Event – Oshkosh Rotary Club to utilize Riverside Park, the Riverwalk & City streets for the Snowflake Shuffle / February 25, 2017 Resolution 17-34 Approve Special Event – Salvation Army Oshkosh to utilize City streets for the Pedal Out Hunger event / June 17, 2017 Resolution 17-35 Approve Special Event – Expansion Theory Productions, LLC to utilize Opera House Square & Peabody’s Ale House Parking Lot for their Oshkosh Main Street Music Festival / July 26, 27, 28 & 29, 2017 Council Member Herman stated last year the event was held during the Farmer’s Market and there had been concerns about the music. He questioned if it had been agreed upon that music would not be played during the Farmer’s Market. Kathy Snell, Special Events Coordinator, stated on Saturday the Oshkosh Main Street Music Festival’s side yard stage music would not start until 2:00 p.m. which was after the Farmer’s Market. Council Member Herman stated he wanted to make sure they community was aware of that. He explained he was aware that several people were concerned about the conflict in music and wanted to explain that an agreement had been reached. Council Member Palmeri stated last year there had been several police calls from the nearby residents regarding the outdoor amplification of the music and the time the music ended. She explained she wanted to make sure the end time was clearly stated this year and speakers pointed in a different direction. Ms. Snell stated the end time had changed to 11:00 p.m. instead of midnight as it had been in the past. Resolution 17-36 Approve Appointment to the Sustainability Advisory Board Resolution 17-37 Disallowance of Claim by Town of Vinland v. RC Excavation, Inc., et al 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Resolution 17-38 Disallowance of Claim by the Winnebago Apartment Association, Inc., Discovery Properties, Midwest Realty Management, Inc., Schwab Properties, LLC, Ultimate Properties, LLC & Donn Lord Resolution 17-39 Approve Special Class “B” Licenses, Operator Licenses & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 17-40 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Located at the Northeast Corner of Harrison Street & East Custer Avenue from Industrial to Commercial (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Josh Kwakkel, 1407 Grand Street, stated he lived behind the site and questioned what impact the proposed change would have on his property. Council Member Pech stated he was a member of the housing authority and explained because the building next to his property would be rehabilitated and no longer remain an empty warehouse there would be no negative impact to his property value. He explained it may have a positive impact. He stated vandals had entered buildings and damaged the property and equipment. He explained the project would turn a blighted building into a livable apartment complex. Council Member Herman asked for an explanation of the proposed land use change. Darryn Burich, Planning Services Manager, stated in the recent past the last single family house on the block had requested the area be changed to residential property. He stated the comprehensive land use plan reflected commercial and industrial usage in the area 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 therefore City staff was not comfortable changing to residential land use. He explained the zoning had been changed from manufacturing to commercial to allow the single family house to conform to the zoning designation. He stated City staff had not changed the land use map from manufacturing to commercial. He explained allow the land use plan to match the zoning district. Council Member Herman explained the changing the land use plan would expand the options of what could be built in the area. Mr. Burich stated it would ‘breath life’ into a vacant building. Council Member Herman questioned if there would be potential for property values to increase in the area. Mr. Burich stated that by creating an active use out of formerly vacant property would upgrade the quality of life in the neighborhood. He explained City staff was actively working to mitigate any negative aspects to the change in land use. Council Member Allison-Aasby questioned if there were additional questions or concerns from Mr. Kwakkel. Mr. Kwakkel stated he did not believe it was a positive change. He explained he did not believe anyone would want to live next to an apartment complex. He stated he was opposed to the change. Council Member Allison-Aasby thanked Mr. Kwakkel for speaking. Council Member Herman stated he believed the land use change and rehabilitation of the building was an improvement that followed the City’s strategic plan of improving the quality of the neighborhoods by addressing areas that had decay. He explained although he understood Mr. Kwakkel’s concerns he believed the project would be advantageous to the area and he would support it. Mayor Cummings stated the blighted property was an eyesore on a major street leading into the City. He explained the project would add value to the neighborhood and homes in that part of the City. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Ordinance 17-41 Approve Rezoning the Northeast Corner of Harrison Street & East Custer Avenue from UMU Urban Mixed Use to UMU PD Urban Mixed Use with a Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Council Member Pech asked for an update on the geothermal heating and cooling system. Sue Van Houwelingen, Director of the Oshkosh Housing Authority, stated that although she did not have an update, she was almost certain that the geothermal plans would move forward. She explained the testing was complete and it was determined that a geothermal system was suitable for the property. She stated they were finalizing the financial piece of the project. She explained there would be a substantial cost savings for the Housing Authority if the geothermal system was to be installed. She stated the cost for traditional heating and cooling would be approximately $75,000 per year and the geothermal system would cost between $30,000 and $35,000 a year. She explained the geothermal system would eliminate the chiller. She stated an official decision had not been made but the goal was to install the geothermal system. She explained they were continuing meetings with the construction company and considering a grant from WEDC in the event that phase two cleanup needed to be complete. Mayor Cummings questioned if they property qualified for historical tax credits. Ms. Van Houwelingen stated they had begun the process of applying for the historic tax credits. Council Member Palmeri questioned if there were plans for a greenspace or a play area for children. Ms. Van Houwelingen asked if she were referencing a public park. Council Member Palmeri stated yes. 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Ms. Van Houwelingen stated they had not discussed a public park. She stated she would like to see a second shift daycare built in the area. She explained she believed it would help the residents and the community. She stated there would be greenspace in the area although a public playground was not currently in the plans. Council Member Palmeri stated she was excited to see a project utilizing a geothermal system. Ms. Van Houwelingen stated she would do everything in her power to make sure it happened. Mr. Burich stated there was a small public park located south of the building on Grand Street. He explained he was not sure what type of equipment was located at the park. Ms. Van Houwelingen stated there was a small park adjacent to additional Housing Authority property. Matt Weidenhoff, Martin-Riley Architects and Engineering, stated the property directly north of Mr. Kwakkel’s residence was presently a greenspace. He stated the plans were to turn the space into a picnic area. He stated the area west of Mr. Kwakkel’s residence would remain greenspace up until the building. Council Member Herman questioned when it was anticipated work would begin on the project. Ms. Van Houwelingen stated they hoped to close during the summer and finalize financing to begin construction. She explained there had been setbacks due to the bidding process. She stated a conservative estimate would be September of 2017. She explained the investor was on board. Mayor Cummings stated it was his understanding the exterior of the building would be in line with the age of the building and incorporate historical features. Mr. Weidenhoff stated the main façade on Custer Avenue would be restored to a similar condition as the original structure built in 1910. He explained the windows on the façade would be a rebuilding of the existing original windows. He stated the project would include a new roof as a portion of the existing roof had collapsed. He explained the area 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 between the two historic structures would include an ADA ramp and serve as the main entry of the building. Council Member Palmeri questioned if the design of the units would include ADA elements. Mr. Weidenhoff stated yes. He explained 20 percent of the units would include ADA elements and the building itself would be 100 percent compliant and accessible to handicapped visitors. Ordinance 17-42 Amend Residential Rental Contact Registration Required Ordinance to Clarify Registration Requirements & to Delete Remedy of Withholding Occupancy FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-43 Approve Parking Regulation on Bay Shore Drive FIRST READING; LAID OVER UNDER THE RULES Resolution 17-44 Approve Planned Development for Multi Family Development; 300 East Custer Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Resolution 17-45 Approve Planned Development for Development of a Mixed Use Arena/Event Complex Located at 1212 South Main Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Stepanek) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Patricia Diener, 1316 Broad Street, stated she was excited for the potential of the Bucks D League to come to Oshkosh. She explained she believed it would bring people and money into the City. Council Member Herman stated if everything went as planned there would be new development in a presently rundown area of the City. He stated with the arena, the potential D League and GO-EDC developing the Sawdust City District there would be exciting opportunities for citizens in the area. He explained he believed it was a great opportunity and one that should be taken advantage of. Mayor Cummings stated he believed the project would transform an area that had been blighted for decades into the new crown jewel of the City. Council Member Pech stated he agreed. He explained he believed if everything went according to plan the arena would serve as an anchor to the south shore just as the revitalization of the hotel had been the anchor to the north shore. Council Member Palmeri stated the storm water management plans had not yet been submitted and would need to be reviewed by the department of public works. She questioned if there was an update. Steve Gohde, Assistant Director of Public Works, stated they had spent several hours reviewing the plans earlier in the day. He explained the first plan had been submitted and City staff was working to meet the new code development as well as portions of existing code. He stated they were looking at an underground system identical to what was used at the Senior Center. Council Palmeri questioned if there was a sense of the potential square footage of impervious surface area. Mr. Gohde stated the site was largely impervious and he did not have an exact total of acreage on hand. 16 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Resolution 17-46 Approve Memorandum of Understanding for the Community Image Collaborative Campaign ($20,000.00) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings Mayor Cummings explained there had been great things happening within the Oshkosh Area School District that many citizens were not aware of. He stated a group called the Quality of Life Committee had been formed with the school district, UW Oshkosh, the technical college, EAA, the Community Foundation, the Chamber of Commerce, the Convention and Visitors Bureau, the City and GO-EDC. He explained they had identified many assets within the City that many citizens were unaware of. He stated it was time to market the community as a great place to live, play, work and learn. Bill Wyman, President of the Oshkosh Area Community Foundation, stated he was present to discuss community image collaborative campaign. He explained to make the campaign a success they required a high level of community participation. He stated several organizations had formed a committee to draft an RFP for an ad agency to team up with the community organizations to make a campaign about the quality of life in Oshkosh. He explained the RFP was sent to 18 different agencies and 7 were returned. He stated the committee, comprised of the City, the school district, UW Oshkosh, and the Community Foundation, narrowed the selection down to three and visited the agencies. He explained the group selected STIR Advertising out of Milwaukee, known for their ‘disruptive marketing’. He stated they did advertising for the state fair, the Milwaukee Bucks, and the City of Savannah, Georgia. He presented Council with several examples of the work STIR had done. He stated they had won awards for work completed for the Milwaukee Technical College. He explained they did well at incorporating a theme into their ads. He stated they had done advertising for the Milwaukee Performing Arts for an initiative to get the community more involved. He explained now that they had recruited an ad agency the next step was to get the group of ten community organizations working together. He stated once the core group was established they would be able to involve additional parties such as private businesses, foundations and private donors in an effort to raise additional funds. He explained the ten community organizations included the Chamber of Commerce, the Convention and Visitors Bureau, the Oshkosh Area Community Foundation, GO-EDC, the Oshkosh Area School District, Fox Valley Technical College, UW Oshkosh, City of Oshkosh, Winnebago County and EAA. He 17 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 stated the purpose of the campaign was to promote the positive attributes of Oshkosh as a prime residential and business destination, build community pride beginning with the current residents and businesses and attract new residents to the community. He explained the campaign would last three years and the goal was to improve the perception of quality of life, raise awareness of what Oshkosh has to offer, improve the image and reputation of academic institutions including UW Oshkosh, Fox Valley Technical College and the K-12 program and improve employee retention and recruitment. He stated for the collaborative campaign to work there would need to be an organization to operate as a facilitator to handle fiscal responsibilities, administrative tasks and communication with outside agencies. He explained the Community Foundation had agreed to take on that role and employed a staff of two marketing individuals in addition to himself therefore three individuals would be dedicated to the campaign. He stated there were requirements for the partner organizations which included financial in-kind support, promotion of the campaign, participation in interviews with outside agencies and sharing of knowledge with the ad agency to allow them to begin campaign development. He explained they would encourage the partner organizations to utilize the images the ad agency created for social media. He stated they asked that one person from each organization act as a designated representative. He explained the three year campaign would cost approximately $300,000 per year. He stated the goal was to have each community organization commit $20,000 per year for three years and the remainder of the funds would be raised through business and private donations. He explained that the campaign was not a tourism or economic development campaign. He stated the campaign was to raise pride in the community and display the assets the community has to offer. He likened the campaign to the Pure Michigan campaign. He stated Oshkosh had the potential to improve its image and reputation with support from community organizations. Mayor Cummings stated he believed every citizen of Oshkosh should be an ambassador for the City. He explained the campaign would need to begin internally. Council Member Pech stated he believed those opposed to the campaign would say that it would not have a true impact. He explained he believed it was an opportunity to rebrand the City and share the things that make Oshkosh great with individuals that may not be aware. He stated it had potential to change the image that many individuals had of the City. He explained he believed the present image was due to lack of awareness. He stated the participation of the ten major organizations was noteworthy and it was 18 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 time to move forward. He explained he believed it was money well invested in the future of the community and fully supported the campaign. Mayor Cummings stated the community organizations had been quick to agree to participate as they could identify the potential positive impact. Council Member Palmeri thanked Mr. Wyman for his presentation. She stated she had recently travelled to Schenectady, New York which was largely automotive dependent and recognized the walkability of Oshkosh, especially downtown. She explained while traveling and reading items such as the Sky Mall magazine that promoted different cities across the U.S. she wondered why Oshkosh was not promoting itself. She stated she was excited about the campaign. She questioned if there was an idea of the number of hours, events and meetings the designated staff person would need to commit to the campaign. Mr. Wyman stated he believed in the beginning stages there would be a significant time commitment. He explained he believed the later stages would largely be dependent on the existing monthly meeting. Mayor Cummings stated he agreed. Council Member Herman questioned if Mr. Wyman anticipated the momentum continuing beyond the three year campaign. Mr. Wyman stated he hoped it would continue and that the Community Foundation would continue to support it. Council Member Herman questioned what they hoped to achieve in year one of the campaign. Mr. Wyman stated year one would concentrate on the internal building of pride within the community. He stated after that phase they planned on spreading the campaign and bringing more people into the community. Council Member Herman stated he supported the campaign. He explained he believed there had been a need to change the image of the community for some time. He encouraged Mr. Wyman to contact Council for help. 19 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Council Member Palmeri asked for an explanation of the fiscal impact. Mr. Rohloff stated City staff had been informed from the State that the payment for municipal services had increased $30,000. He explained $20,000 would be able to be utilized for the campaign commitment. Resolution 17-47 Approve Charges for Extraordinary Services for Special Events – 2017 WITHDRAWN BY STAFF C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER & F UTURE A GENDA I TEMS Mayor Cummings reminded Council of the future workshop meeting with legislators on th January 30 at 7:30 a.m. at the field operation facility, 639 Witzel Avenue. Mr. Rohloff explained the list of topics he had prepared to discuss at the meeting with legislators included payment for municipal services, dark store assessment issues, personal property, rental inspection, the bridge assignment to the City and the reduction of commercial value. Council Member Allison-Aasby stated she had another topic listed in notes. Mr. Rohloff stated additional topics would be able to be discussed however the hour and a half meeting would pass quickly with the existing six topics. He explained he would like to provide the legislators’ staff with an agenda of the items Council and City staff planned to discuss. Mayor Cummings stated there was an update on the inactive liquor license for Packer’s Pub. Mr. Rohloff stated there had been no activity on the inactive license. He explained the owners had a potential buyer that had fell through. He stated there were two options for Council to pursue. He explained the first option was to wait until the end of the licensing period which occurred at the end of June. He questioned when the renewal process typically began. 20 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Ms. Ubrig stated the Clerk’s office mailed renewal applications to the establishments on thth March 15 with a due date of April 15. Mr. Rohloff stated the other option was for Council to direct City staff to begin a revocation hearing. He explained the business was a good location and it would be beneficial to have an establishment developed there. He stated it was the Council’s discretion as to which option to pursue between now and renewal time. Ms. Lorenson stated non-renewal was a similar process to revocation although it was somewhat less complex. Mr. Rohloff stated if the owners did not apply for a renewal there would not be a need to pursue either option. Ms. Lorenson stated if the owners did not apply for a renewal it would automatically become an open license. Council Member Palmeri questioned if there were other organizations or entities looking for a license or if there was a waiting list. Ms. Ubrig stated there was not a list maintained however occasionally the Clerk’s office did receive inquiries. Mr. Rohloff stated the arena would be seeking a liquor license upon successful completion of their project. Council Member Herman questioned if the arena would be exempt under state statutes due to the size of the facility. Mr. Rohloff stated when all liquor licenses were allocated City staff would recommend the exemption. He explained if a license became available, such as the license for Packer’s Pub, and the arena would request a license, then they would recommend allocating the available license. He stated the City would need to have no available licenses for the arena to apply for the exemption. Council Member Pech questioned if the City was holding a liquor license for the Marion Road Development. 21 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Mr. Rohloff stated yes and because it was assigned it did not impact the arena; there was only an impact if the City had an available unassigned license. Council Member Herman stated Council had received a note from the owners stating the business was for sale or lease and although they had received some calls they did not have any official leads. He explained he believed the timelines for the arena and liquor license renewals were inline therefore his inclination was to take no action at this time. Mr. Rohloff stated the City would be able to do the exemption license for the arena if the business successfully sold. Council Member Herman stated Council would be able to take further action in the future if need be. Mr. Rohloff stated he would like to maximize the City’s ability to issue liquor licenses. He explained it would be beneficial for another business to acquire the license from Packer’s Pub and the arena to acquire the exemption license. He stated as the Sawdust District became developed it would be advantageous for a liquor license to be available. Council Member Herman stated there may be another license available from the Granary as there had not been any recent activity with the establishment. Mr. Rohloff stated he would need to check on that item. He explained the City would need to look at other similar licenses. Council Member Palmeri questioned if the exemption license was for a 300 seat restaurant. Mr. Rohloff stated the arena would have food service, a restaurant license and would have at least 300 seats. Council Member Palmeri questioned if the seating in the entire arena was considered. Mr. Rohloff stated all interior seating is counted and the arena would easily meet the threshold. He explained his goal was to issue liquor licenses in growing and developing areas and not to revoke them from an establishment like Packer’s Pub due to its prime 22 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 location. He stated he had challenged the Clerk’s office to maximize liquor licenses at every opportunity. Mayor Cummings questioned if there were establishments that had a liquor license and may have closed without Council being aware of it. He asked if it was an area that was monitored. Ms. Ubrig stated there was a list the Clerk’s office maintained of establishments they became aware of. She explained typically it was word of mouth and that there was no procedure in place. Mr. Rohloff stated it became apparent relatively quickly. He explained typically it would only be approximately two months before City staff became aware. He stated it would be recognized when the establishment stopped purchasing alcohol or through tax liens. Ms. Ubrig stated the water utility was a significant indicator. Mr. Rohloff stated his inclination was to wait until renewal time to reevaluate the situation with Packer’s Pub. He referenced the memo regarding the lead service replacement program and stated the recommendation from City staff would require several approvals from Council. He stated City staff wanted to make sure Council was in agreement with the direction of the plan. He explained the recommendation was to implement a mandatory lead service lateral service replacement program. He stated if the lateral itself was being replaced the service would need to be replaced at the same time. He explained other municipalities were implementing similar programs throughout the country. He stated property owners would be responsible for replacing their service upon the City replacing the public portion of the line. He explained property owners would not be required to replace the service until the City began replacement of the public portion in the neighborhood. He stated public works staff recommended property owners fund the cost of the replacement unless the City determined an alternative funding source. He explained in reference to the grant attributed to this year’s project the City would be able to fund approximately 50% of the cost up to a maximum of $1500 per lot. He stated the maximum was put in place as some properties may be set back further from the street and incur more of a cost. He explained it was undetermined if grants from the state would continue in subsequent years. He stated he believed there was a need at a state level for the grant program to continue as it was a pervasive issue 23 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 statewide and throughout the country. He explained if the state suspended the program they City may need to explore different options. Steve Gohde, Assistant Director of Public Works, explained City staff would be able to explore other grants and funding services. He stated the City would not be able to utilize any funds from the water utility as that was not allowed by the PSE. He explained there would be potential to implement a fee on the sewer service. He stated at the water plant a chemical that contained phosphorus was added in order to help treat the interior of the pipes to prevent lead from leaching into the water. He explained the phosphorus then needed to be removed from the water after its cycle through the City. He stated if the need to add the phosphorus could be removed it would help the City be able to meet phosphorus requirements at the end of the cycle. Council Member Palmeri questioned how the number of services in need of replacement had been calculated. Mr. Gohde stated it had been based on the timeframe of the cutoff of lead service installation that occurred in about 1959. He explained the age of properties and when the water mains and facilities were installed were used to come up with a total of properties that would require replacement. Council Member Palmeri questioned if there would be a confirmation of whether or not there was a lead service line prior to a property being required to pay for a replacement. Mr. Gohde stated yes. He explained homeowners had the ability to check the pipe that entered their home. He stated if the pipe was able to be scratched by an item such as a key and the dull gray became shiny it was likely a lead pipe. He explained galvanized pipe was unusual to find in Oshkosh and copper pipe was common though many older services were installed with lead. Mr. Rohloff stated City staff would inspect the services to determine they were lead before requiring a replacement. He explained if the public portion was lead it was likely that the private portions would also be lead. Council Member Palmeri questioned if as the replacements occurred there would be less phosphorus introduced into the system that would then need to be removed. 24 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 Mr. Gohde stated the amount of phosphorus would remain uniform until all lead was removed. Council Member Stepanek stated he believed when the City received the grant the goal had been to complete 200 properties in 2017. He questioned if there was a change to the goal. Mr. Gohde stated the goal was to complete all of the homes in the reconstruction plan as well as some homes located on water relays. He explained he believed it would be approximately 250 homes. Mr. Rohloff stated if Council was in agreement of the direction of the plan the City’s plumbing code would need to be updated. He explained City staff would need to provide public education regarding the program. He stated many citizens were likely unaware that their property had a lead service although that was the case for most homes built pre-1960 in Oshkosh. Council Member Palmeri asked for an explanation of the estimate of cost per home. Mr. Gohde stated based on discussion with plumbers the estimate was approximately $2,000 per lateral. Council Member Palmeri questioned if a homeowner would be able to seek out replacement of the lead service on their own. Mr. Gohde stated they would be able to do so. He explained the way the ordinance was being drafted was if a property owner was required to replace their service the City would need to replace the public portion. He stated additional replacements within the streets would be completed if citizens elected to replace their service independently. C ITIZEN S TATEMENTS TO C OUNCIL There were no citizen statements to Council. 25 P ROCEEDINGS OF THE C OMMON C OUNCIL – J ANUARY 24, 2017 C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS There were no Council Member announcements or statements. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated the annual service agreement with Bates Soil and Water Testing was for wetland determination and delineation services. He explained the cooperative purchase for the 2017 rugged laptop order was for public safety laptops. He stated there was not a public report of the Buckstaff demolition project and it would be discussed in closed session. He explained the agreement with Split Rock Studios was related to the People of the Waters exhibit at the public museum. He stated Trish Marks, the administrative assistant for the parks department, was retiring after 25 years. He thanked Ms. Marks for her years of service. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF AN AGREEMENT FOR THE SALE OF 1118 SOUTH MAIN STREET (THE FORMER BUCKSTAFF PROPERTY). (Allison-Aasby; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Stepanek, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADJOURN (Pech; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:52 p.m. PAMELA R. UBRIG CITY CLERK 26 P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN J ANUARY 30, 2017 SPECIAL MEETING held Monday, January 30, 2017, at 9:48 a.m. at the City of Oshkosh Field Operation Facility, 639 Witzel Avenue. Mayor Cummings presided. PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison- Aasby, and Mayor Steve Cummings EXCUSED: Council Members Caroline Panske and Benjamin Stepanek ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(G) TO CONFER WITH LEGAL COUNSEL WHO WILL GIVE LEGAL ADVICE CONCERNING STRATEGY TO BE ADOPTED WITH RESPECT TO LITIGATION IN WHICH THE CITY IS INVOLVED OR LIKELY TO BE INVOLVED PERTAINING TO THE RENTAL REGISTRY AND INSPECTION ORDINANCE. (Allison-Aasby; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings MOTION: ADJOURN (Herman; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 9:49 a.m. PAMELA R. UBRIG CITY CLERK P ROCEEDINGS OF THE C OMMON C OUNCIL C ITY OF O SHKOSH, W ISCONSIN F EBRUARY 14, 2017 REGULAR MEETING held Tuesday, February 14, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Tom Pech Jr., Lori Palmeri, Steven Herman, Deb Allison- Aasby, and Mayor Steve Cummings EXCUSED: Council Members Benjamin Stepanek and Caroline Panske ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Steve Gohde, Assistant Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Destiny Lo from ALPS Charter School; and, Katrina Hoeppner from Perry Tipler Middle School. P UBLIC H EARING Resolution 17-48 Approve of Final Resolution for Special Assessments Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program Near East Side – Contract No. 17-04 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings th Paul Schmidt, 1025 Bay Shore Drive, stated he was present at the December 13 Council meeting and believed Council intended to approve sidewalk installation from Bowen Street to Frankfort Street. He explained he believed there had been confusion regarding the recommendation from the bike and pedestrian committee. He read excerpts from the committee meeting minutes and explained the committee had only recommended sidewalk installation from 1001 Bay Shore Drive to Bowen Street; not to the east. He 1 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 stated the current sidewalk installation did not lead anywhere. He explained he had conversations with his neighbors who were not in favor of the sidewalk installation. He stated he believed the sidewalks would take away from this historic aesthetic and greenspace. He explained he had witnessed only one individual cross the street to utilize the north side sidewalk. He requested Council reconsider what he believed would be a worthless extension of the sidewalk. Council Member Herman questioned if the sidewalk installation would reach Frankfort Street. Mr. Gohde stated yes. Council Member Herman stated he believed that had been the recommendation from Council. He explained they had reached that decision to allow individuals walking on the south side sidewalk to cross safely at Frankfort Street. He stated the area had more traffic than the rest of the Bay Shore Drive. C ITIZEN S TATEMENTS Tim Ernst, 23 E. Melvin Avenue, stated he was present to represent the Oshkosh Renter’s Coalition in support of the residential rental inspection ordinance. He explained he had hoped to address concerns with landlords at the Winnebago Apartment Association meeting the previous evening as he had been invited, however, he was subsequently asked to leave. He stated many landlords had claimed the ordinance was an assault on renters’ rights. He explained a federal judge had decided the ordinance did not violate any renters’ rights and there was legal literature distinguishing administrative services from a criminal investigation related to entering a dwelling. He stated the limited scope of the inspections mean individuals rights would not be violated. He explained he believed there was no coherent statement from the landlords related to renters’ rights. He stated the yellow sign campaign around the City advertised that renters had rights although there was no efforts to explain what the rights were. He explained landlords promoted the fact that there were very few parking violations to support the claim that rental units were being well maintained. He stated parking violations had no impact on items such as heat, water and infestations. He explained the landlords claimed that renters already had a right to an inspection and while that may be true there was no information on the tenant’s right to inspection on the websites of Midwest Realty Management, Schwab Properties or Ultimate Properties. He stated the information was 2 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 also not present in Discovery Properties’ website, student handbook, frequently asked questions or their online listings aside from a disclaimer on the website and lease agreement that stated by the renter moving in the property was ‘ok’. He explained both Don Lord, president of the WAA, and the organization itself did not have a website where information was available. He stated that there were assumptions from the landlords that renters were not aware of their rights and would not pursue them. He explained landlords claimed that the inspections would destroy their business and the cost would have to be passed on to the tenants. He stated no specific information had been provided detailing how the inspections would have a significant financial impact on landlords. He explained that the cost of the inspections over the five year period amounted to approximately $3.00 per month. He stated if the cost of the resulting repairs for unsafe or unsanitary conditions would bankrupt landlords perhaps their business model was flawed. He explained a local landlord, Edward Wilcox had stated if tenants did not like their conditions they were able to move. He stated tenants should not have to move and were contributing members of the community. He explained he believed the landlords’ arguments were vague, scattered and unsupported. He stated he believed renters’ rights did not include the burden to supply landlords with profits. He explained due to the increase in long term rentals in the Oshkosh community, specifically by millennials, it was a crucial time to establish protections for renters and correct the imbalance in power between tenant and landlord. He thanked the landlords who supported the inspection program. He explained the Oshkosh Renter’s Coalition sought to promote renters’ rights and did not seek antagonism between landlords and tenants. Council Member Palmeri asked for the official name of the organization to be repeated. Mr. Ernst stated it was the Oshkosh Renter’s Coalition otherwise known as ORC. He explained there was advocacy and educational information available on their Facebook page. Eric Smiltneek, 1855 Hickory Lane, and Steve Eliasen, 1528 Grove Street, stated they were present to promote winter sports activities for youth in Oshkosh. Mr. Eliasen stated he and Dr. Smiltneek had been working with skating and skiing programs through area schools. He explained any student would be able to experience skating on nearby natural ice or skiing on school grounds in addition to City properties such Menominee and Red Arrow Park. He stated last year they had been able to provide a skiing experience to over 1000 students. He explained Dr. Smiltneek had founded ‘Dr. Erik’s Skate Club’ and had experienced success in getting children out to skate on Miller’s Bay. 3 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Dr. Smiltneek thanked Chad Dallman and Tom Bauer from the parks department for their efforts in keeping the ice surface clean. He stated throughout the day on Thursdays they had been able to bring out a number of Oshkosh youth to experience skating on a natural ice surface. He explained from 11:00 a.m. until 4:00 p.m. there would be youth skating on the ice and invited members of the Council and public to experience the event. He stated as a physician he recognized the importance of revitalizing winter sports in the community as too many children spent too much time indoors looking at screens. Mr. Eliasen stated any student from any demographic was able to participate in skiing on school grounds. He explained they began with a small 18 inch hill and then encouraged students to join them at Garbage Hill on Saturdays to safely ski with appropriate gear and instructors. He stated they would then recommend Ski Club at Nordic Mountain on Sundays. He explained it was rewarding to watch kids progress through the different levels of the program. He stated he believed there was a social benefit to skiing as well; being amongst doctors and engineers and other individuals with aspirations and a global perspective. He explained he had provided posters to Council that demonstrate the potential Oshkosh had to attain the same atmosphere that Ottawa had in the winter months. He stated he hoped Council would consider possible future requests for public facilities such as a tent or a temporary bathroom to help the program succeed. He explained Oshkosh was lacking in winter sports infrastructure compared to Green Bay and Appleton. He stated it was a good time to build on the existing program. Dr. Smiltneek stated he had attended Steamboat Springs’ winter carnival that was run by a winter sports club. He explained there had been thousands in attendance and he believed Oshkosh would be able to have similar events with the support of the local government. Richard Bast, 51 Cherry Park Court Apartment 11, stated he had been a renter in various locations for more than 30 years. He explained he had always been aware of the laws, his rights and resources available to him as a renter. He questioned why the City would move from having no program to ‘invading his privacy’ in his apartment. He stated he did not think it was appropriate that the City would be able to obtain a warrant to enter his apartment. He questioned why there had not been an information campaign for renters in the City. He recommended if people were dissatisfied with their landlords that they take them to court. He stated he had experienced tax assessors who had acted unethically and aggressively towards his mother. He explained he believed he had the 4 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 right to refuse an inspection and did not believe the City should be able to obtain a warrant. Abby Amacher, 535 Central Street, stated she was a member of the Oshkosh Renter’s Coalition. She explained she had lived in Oshkosh for nearly 12 years and hoped to purchase a home in Oshkosh in the future. She stated she had rented from five different landlords and had experienced issues such as windows being painted and nailed shut in addition to non-working smoke detector and had received no response from Discovery Properties in regards to her safety concerns. She explained the dumpster across the street from her home was set on fire and although she smelled smoke her smoke alarm did not go off. She stated she had a friend who experienced medical issues related to toxic mold in a different Discovery Properties rental. She explained the heat malfunctioned on a daily basis in another rental and the response from the landlord had been to ‘flip the switch’ in the basement and if it did not work he would address it the following day. She stated it was not acceptable in the winter to repeatedly be without heat. She explained in her present rental there had been no working plumbing for five days due to three sewage backups in the basement. She stated it wasn’t until after the fifth day that the landlord brought in a plumber. She explained she would like people to consider if they would live in an environment with similar conditions. She stated in response to the advice to taking a landlord to court that it was not a financially feasible option for her. She explained there were individuals with limited educations, lack of access to internet and limited transportation who would struggle to access information on renters’ rights. She stated if an individual had items in their home that they were afraid of others seeing they had the option to remove it prior to the inspection. She explained she would support an inspector coming into her home and advising the landlord to make it safer. C ONSENT A GENDA Report of Bills by the Finance Director Receipt & Filing of Museum Board Minutes from January 12, 2017 Receipt & Filing of Library Board Minutes from December 22, 2016 Receipt of Claim filed with City’s Insurance Company A) Chloe Wandschneider for alleged damages to her property from the Street Department 5 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Resolution 17-49 Authorize Submitting Application to Wisconsin Economic Development Corporation for Community Development Investment Grant for South Main Street Improvements by the Arena; Accept Funds Resolution 17-50 Award Bid for Public Works Contract No. 17-17 to Ptaschinski Construction, Inc. for Hemlock Court & Fraser Drive Concrete Paving ($169,180.99) Resolution 17-51 Grant Noise Variance Request to AT&T for Utility Repairs in the Jackson Street & Murdock Avenue Roundabout Between February 23, 2017 & March 3, 2017 Resolution 17-52 Award Bid for Three Year Agreement for Uniform Replacement Services for Police Department to Lark Uniform Outfitters (Award bid based on 2017-2019 unit pricing) Resolution 17-53 Approve Purchase Pursuant to State of Wisconsin Cooperative Purchase for 2017 Police Vehicles for Police Department to Ewald Automotive Group ($208,328.00) Resolution 17-54 Approve Purchase of Flooring for the Oshkosh Public Museum to Creative Edge Master Shop, Inc. ($28,216.00) Resolution 17-55 Rescind Personal Property Taxes - Pluswood Group Credit Union, located at 302 State Street ($7.68) Resolution 17-56 Rescind Personal Property Taxes - Hertz Rental Car, located at 525 th W 20 Avenue ($133.19) Resolution 17-57 Approve License Transfer & Combination “Class B” License, Class “B” Fermented Malt & Class “C” Wine License, Special Class “B” Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings 6 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 A CTION T AKEN ON O RDINANCES AND R ESOLUTIONS Ordinance 17-58 Amend Residential Rental Contact Registration Required Ordinance to Clarify Registration Requirements, To Delete Remedy of Withholding Occupancy; to Amend the Residential Inspection Ordinance to Delete the Requirement for 21 Days Notice Prior To Scheduled Inspections; & to Clarify When Inspections Will Be Done With Consent or Upon Obtaining a Warrant MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Richard Bast, 51 Cherry Park Court Apartment 11, questioned why the 21 day notice period was being removed. Ms. Lorenson questioned if she should address the question during Council discussion. Council Member Herman stated she should wait until it came back to Council for discussion. He explained to Mr. Bast that they would address his question at that time. Tim Ernst, 23 E. Melvin Avenue, stated that while the Oshkosh Renter’s Coalition supported the ordinance and intended to comply they did have concerns with the proposed amendments. He explained items related to the schedule and rollout of the program should be clearly established and the community would need time to access the materials. He stated such materials would include educational and reference materials and additional information on the rental advisory board. He stated the group would like the City to comply with the ordinance and perform inspections in a scope that was fair and equitable to maintain the rights and privacy of citizens. Council Member Pech stated he wanted to reiterate that it was the second reading of the proposed amendments despite information being circulated that they were proposed due to recent court decisions. He asked Ms. Lorenson to respond to Mr. Bast’s questions and explain the memos included in the Council packet that addressed the court decision. Ms. Lorenson stated initially Council had directed City staff to draft a rental inspection ordinance. She explained City staff had examined state statutes to make sure the ordinance that was drafted complied with state and federal law. She stated after the ordinance was passed City staff revisited the ordinance and identified areas that could 7 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 be clarified and more efficient. She explained during the recent court hearing a judge had identified items that could be clarified; these items aligned with the items City staff had already identified as areas for clarification. She stated the purpose of the amendment was to revise details of an ordinance that received an initial positive reaction from the federal court judge. She explained the court’s favorable decision was based on the ordinance as it already exists; the changes further improve the present version of the ordinance. She stated the changes included clarification related to the registration process, when inspections may be conducted and who would be present, the removal of occupancy permits and the removal of the 21 day notification provision. She explained the 21 day notification had been drafted to allow people enough time to plan for the inspection date that would be predetermined by the inspections department. She stated as the ordinance progressed it was determined that tenants would be responsible to schedule the inspection after receiving a letter from the inspections department. She explained tenants would not need a 21 day notification as they would be responsible for the scheduling of the appointment. Council Member Pech asked for clarification regarding if the changes were being made in an effort to make the ordinance constitutional or comply with state statutes. He explained he believed it was taking items that were inferred and making them explicit. Ms. Lorenson stated that was correct. She explained the original ordinance was constitutional and applied with state statues just like every ordinance drafted by City staff. She explained although it was not the final decision the federal judge had given a favorable review of the original ordinance. Council Member Pech reiterated he believed the amendment addressed items that were inferred and made them explicit. Ms. Lorenson agreed. Council Member Palmeri questioned the status of the rental advisory board. Mr. Rohloff stated they had solicited for members although there had not been much response. Mayor Cummings stated they had two members join since the initial discussion took place approximately five months ago. 8 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Council Member Palmeri questioned the number of members required. Mayor Cummings stated seven. Mr. Rohloff stated City staff was still accepting applications for the rental advisory board and that Council had originally stated they wanted a diverse group of individuals including both renters and landlords. He explained they were unable to create a commission with only two members. He stated applications were available on the City’s website or through the City Manager’s Office. Council Member Palmeri questioned if the application on the City website was specific to the rental advisory board. Mr. Rohloff stated it was a general application that could be used to apply to any board or commission; the applicant would need to indicate which they would like to be considered for. Council Member Pech explained in relation to education the community development department had materials associated with the program. Mr. Rohloff stated there was a wealth of information available both on the City website or accessible by contacting the community development department. Council Member Pech stated the City was doing its part to share the information. Mayor Cummings stated the City’s boards and commissions were always looking for membership. He explained it was a good way to serve and be involved in the community. Council Member Pech stated due to the amount of attention the subject had received in the community that there had not been more interest from the public. Mayor Cummings stated the rental advisory board would not be able to move forward until it had full membership. He explained it had been five months and there had been little interest from the public. 9 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Ordinance 17-59 Approve Parking Regulation on Bay Shore Drive MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Ordinance 17-60 Repeal & Recreate Chapter 2 of the City of Oshkosh Municipal Code Pertaining to Administration & Article I Division 2 of Chapter 16 of the City to Oshkosh Municipal Code Pertaining to Antidiscrimination in Housing FIRST READING; LAID OVER UNDER THE RULES Resolution 17-61 Approve Amendment to Planned Development for Lincoln Hall Parking Lot; 608 Algoma Boulevard (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Resolution 17-62 Approve Planned Development for a Multi-Family Residential Development; 173 West Ripple Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Resolution 17-63 Approve Lease Agreement with Fox Valley Pro Basketball, Inc.; 1212 South Main Street Lot 2 of CSM 7081 MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Allen Davis, Director of Community Development, stated City staff had met with the Redevelopment Authority earlier that day and they had approved the proposed lease agreement. 10 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Council Member Pech stated he would vote in favor of the proposed lease agreement. He thanked each of the parties involved for their efforts to make the deal happen. He explained he believed it was a great opportunity for Oshkosh. He stated during the press conference the Bucks organization had made positive comments related to the investors, GO-EDC, City staff and Council. He explained they stated they made the decision to award the team to Oshkosh because it was the environment they wanted to be in when they launched the team. He stated it was a job well done and he looked forward to the future. Council Member Herman asked for an explanation of why the City utilized lease agreements for similar projects. Mr. Davis stated they utilized lease agreements to facilitate progress with the DNR. He explained in regards to the Marion Road project the City would lease the property to the proposed developers so they could begin their project. He stated the developers would adhere to the DNR approved plans and complete the building process. He explained once that was complete the DNR would ‘sign off’ on the project and both the owner’s and the City would no longer be responsible for the pre-existing contamination. He stated in regards to the Buckstaff project, the process would protect the City and the property owner from the potential contamination that happened on the property prior to the new ownership. Council Member Herman stated he believed that was important information for the public due to falsehoods that had been circulating social media. Council Member Palmeri asked for an explanation of the two different addresses listed on the assessors’ website. Mr. Davis explained there had been two lots created on the property so the City would be able to apply for two different grant applications the previous year. He stated they had been awarded just one of the grants for a total of $150,000. He explained lot 2 was where the arena would be built and lot 1 still had buildings waiting to be demolished. He stated once demolition of those buildings was complete the City would take possession of that land and lease it to the developers. Council Member Palmeri questioned if it was two separate lease agreements for two separate lots. 11 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Mr. Davis stated at the present time that was the case although it was his expectation that prior to the sale of the property it would be combined into one lot. Mayor Cummings stated he believed there had been a change in the atmosphere of Oshkosh over the past 5 or 6 years that reflected a ‘can do’ attitude between Council, City staff and the citizens. He explained the riverwalk, aviation industrial park and the arena project were examples of how the City continued to move forward. He stated many communities had been watching the progress the City had achieved and Oshkosh had been acting as a leader within the state. Resolution 17-64 Approve City Manager Performance Evaluation for 2016 & Amendment to Employment Agreement for 2017 Compensation MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (5) Pech, Palmeri, Herman, Allison-Aasby, Mayor Cummings Council Member Allison-Aasby stated Council had conducted a midyear review during the summer of 2016 for the City Manager in order to allow Mr. Rohloff opportunity to receive feedback based on the first half of 2016. She explained work on the year-end review process had taken place from October to December. She thanked her fellow Council Members for their efforts and additional work during that time period. She stated she appreciated how Council Member Herman had been willing to take on additional tasks that she had delegated in the previous months. She explained Council’s statement to the public was that City Manager Mark Rohloff continued to show high energy, to multitask and to remain balanced with a focus on both details and larger policy issues. She stated through challenging economic times he had demonstrated the ability to continue to move forward with the strategic priorities and the vision of the City while keeping services to the citizens intact. She explained the Council would continue to encourage his visible and active involvement in a wide spectrum of community activities. She stated the Council had seen Mr. Rohloff become much more visible in the community while attending many community events and was well respected in the community and the state. She stated the Council would like the City Manager to provide Council with his weekly newsletter and continue to improve an easy understanding of the budget process that would encourage options if there were budget concerns that deeply impacted the budget. She explained the Council understood 2016 had continued significant challenges to the budget due in part to continued funding cuts and levy restraints imposed on the City from the state budget yet with diligent work by Mr. 12 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Rohloff, Finance Director Larson and staff the City was able to approve a balanced budget, continued street and storm sewer improvements and move the City of Oshkosh forward. She stated the Council understood although there may be difficult times ahead they were confident in the City Manager’s ability to continue to deal with the issues in a professional manner for the betterment of the City and its citizens. She explained moving forward for 2017 the goals for Mr. Rohloff that had been established included working with Council and City staff to evaluate the different boards and commissions to determine the effectiveness of the groups and what groups Council Members should participate in. She stated the second goal was for Mr. Rohloff to work with the IT department to focus on a fully responsive website for the City and the citizens of Oshkosh. She explained the third goal was to work with Council to revamp and revise the citizen’s survey to have a better representation of the community. She stated the final goal was for Council to work with the City Manager to evaluate all City owned facilities to determine if the facilities meet the needs of the strategic plan and overall comprehensive plan of the City. She thanked Mr. Rohloff for his work in 2016. Mr. Rohloff thanked Council and stated he looked forward to the future. Mayor Cummings thanked Council Member Allison-Aasby for her hard work. C OUNCIL D ISCUSSION, D IRECTION TO C ITY M ANAGER & F UTURE A GENDA I TEMS Mayor Cummings stated there would be a future agenda item of a discussion on Council’s recommendations to the Department of Transportation for the Jackson/Oregon Street Bridge. Mr. Rohloff stated the topic was being discussed in several boards and commissions including the Redevelopment Authority and Traffic Advisory and once the information regarding their recommendations was compiled it would be provided to Council prior to th appearing on the next Council agenda on February 28. C ITIZEN S TATEMENTS TO C OUNCIL Patricia Diener, 1316 Broad Street, stated she was excited for the Buck’s D-League team. She explained she had conversations with individuals from Milwaukee who indicated 13 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 other events may occur at the arena such as ice capades or concerts. She stated her employer was participating in the upcoming Polar Plunge and encouraged the public to attend. C OUNCIL M EMBER A NNOUNCEMENTS & S TATEMENTS Mayor Cummings the Fire Department Food and Toy Drive had taken place in December and despite two cancellation nights due to weather, still surpassed the collection in 2015. He explained they collected 4,989 pounds of food, 2,873 toys and $1,661 in cash donations. He encouraged everyone to participate and donate next December. Council Member Pech stated the annual Guns ‘n’ Hoses Charity Hockey Game would th occur Saturday, March 4 at 3:00 p.m. at the Oshkosh Community YMCA. He explained the game was between firefighters and police officers and would raise funds for charity. He stated he would referee the game and presented an image of the new jerseys for the players. He explained there would be raffles and pucks with a logo that would be distributed during warmups. He stated the cost was $5 per adults and children were free. He encouraged the public to come support their local firefighters and police officers in giving back to the community. Council Member Palmeri stated there was early voting at City Hall in the Clerk’s Office th through Friday, February 17. Ms. Ubrig stated the hours of early voting were 8 a.m. until 4:30 p.m. and Friday the office would remain open until 5:00 p.m. C ITY M ANAGER A NNOUNCEMENT AND S TATEMENTS Mr. Rohloff stated the League of Wisconsin Municipalities Lobbying Day was th Wednesday, February 15. He explained he would be attending with Mayor Cummings, Council Member Herman and Council Member Allison-Aasby may attend. He stated there would be a briefing in Madison explaining the major state aid programs were th frozen. He explained that meant 1/6 of the City’s budget was frozen which would impact City taxpayers. He stated other concerns included the shared revenue program and payment for municipal services. He explained there would be minor changes to levy 14 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 limits and transportation aids were unknown. He stated the briefing would provide more detailed information and an insight into the likelihood of changes. He explained they would visit with state representatives after the briefing and a topic of discussion would be the rental inspection program. Council Member Pech requested those attending to address the dark stores issue which he explained had resulted in a substantial tax increase to residential tax payers in the City. He explained big box stores argued that big box stores that were open had the same value as a big box store that was closed. He stated this caused their tax burden to be decreased and shifted to the residential property owners. He explained it was an important topic that was affecting multiple municipalities in the state. Mayor Cummings stated small businesses were also impacted. Council Member Herman stated there was a recent article published in the Northwestern that discussed the dark store topic. Mr. Rohloff stated the League of Municipalities hoped to reverse the Walgreens decision. He explained the tax shift from commercial to residential was a significant concern. Mayor Cummings stated the big box stores were essentially forcing their customers to pay their taxes. He explained it would cause residential and small business property taxes to increase. He stated a small business did not have the legal resources that a large corporation such as Walgreens had to fight the issue. Mr. Rohloff explained there was an aggressive schedule in place to complete the Buckstaff demolition. He stated City staff had been diligently working on the project. He explained equipment had been rented to remove debris and the concrete footprint of the former building. He stated work was in progress to complete formal transfer of the property. He explained Ms. Lorenson had been working with the SBA who had a lien on the property. He stated Council’s approval of the lease agreement would allow him to sign it and move forward. He explained one the property was transferred the schedule would include the TIF process and development agreement. He stated Council had approved the application for the grant to offset costs. He explained the Fox Valley Professional Basketball would front the cost of the public improvements which amounted to approximately 3.2 million dollars and be refunded through the proposed TIF. He stated there would be a future closed session to discuss the details with Council. 15 P ROCEEDINGS OF THE C OMMON C OUNCIL – F EBRUARY 14, 2017 Council Member Palmeri questioned when the closed session would be scheduled. Mr. Rohloff stated it was dependent on the results of the items Ms. Lorenson was working on. He explained it may be as early as the following week or as late as the next Council meeting. Council Member Palmeri questioned where members of the public would be able to find specific renderings of the project. Allen Davis, Director of Community Development, stated there were drawings available on the planning commission’s portion of the website. He explained drawings of the proposed Sawdust District were also located on the website. Mr. Rohloff explained the files were large and took time to download. MOTION: ADJOURN (Pech; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:20 p.m. PAMELA R. UBRIG CITY CLERK 16