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HomeMy WebLinkAbout04. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MARCH 14, 2017 REGULAR MEETING held Tuesday, March 14, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Caroline Panske, Benjamin Stepanek, Tom Pech Jr., Lori Palmeri and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Trena Larson, Director of Finance Council Member Herman read the Invocation. The Pledge of Allegiance was led by Angelia Vu and Sequoia Eckstein from Oakwood Elementary School. INTRODUCTION OF CITY STAFF Darryn Burich, Planning Services Manager, introduced Steven Wiley, Assistant Planner. He explained he was a recent graduate of University of Wisconsin Milwaukee and held a double masters in architecture and planning and had worked as a planning intern in the Milwaukee area. He stated he was excited to bring an individual on board with a background in architectural planning. He explained he would assist with the City's housing program, landmarks and urban design. 1 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 PUBLIC HEARING Resolution 17-93 Approve Final Resolution for Special Assessments Paving, Sidewalk, Driveway&Utilities/Second Local Street Concrete Paving Program North & West Sides — Contract No. 17-05 MOTION: ADOPT (Herman; second, Palmeri) MOTION: AMEND RESOLUTION TO CHANGE 1444 MARICOPA DRIVE STORM SEWER LATERAL TO $750.00 (LISTED AS$2,100) (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Krystal Yager, 1444 Maricopa Drive, stated she and her husband were first time homeowners and had purchased their home in January. She explained shortly after purchasing the home they became aware that their street was part of the Capital Improvement Program (CIP). Justin Yager, 1444 Maricopa Drive, stated through research they discovered that the initial notices for the program had been mailed in October 2016 and January 2017, prior to the purchase of their home. He explained they did not have any knowledge of the anticipated street work prior to their purchase;he stated had they been aware they would have not purchased the home. He stated they would not have been able to secure an additional$15,000 in financing to cover their estimated portion of the cost. He explained according to their research their property was the only single family home affected by the CIP for Maricopa Drive. He stated because the remainder of the properties were multifamily or apartments the landlords would be able to recoup a portion of the costs by increasing their tenants rent. He explained if the proposal passed they would be forced to select the 15 year repayment plan at a 6 percent interest rate. He stated they were concerned for their personal income and resale potential for their home. He explained they did not understand how $15,000 in special assessments would increase their home's value. He stated they were requesting 1444 be exempt from the CIP. He 2 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 explained if Council would not exempt their property they would request they assist in securing a grant to help with the cost. Mayor Cummings stated he and Council Member Allison-Aasby were realtors. He questioned if they had been notified by the seller or the seller's agent of the anticipated special assessments. Mr. and Ms. Yager stated no. Council Member Allison-Aasby recommended they contact herself or Mayor Cummings after the meeting. Ms. Yager stated they had been surprised to learn of the special assessment and had not received any of the notices prior to the most recent one. Council Member Allison-Aasby stated if they did not wish to stay for the duration of the Council meeting they could provide someone with their phone number and she would reach out to them. Mr. Rohloff stated there was an error on the calculation of the special assessment for 1444 Maricopa Drive and the amount needed to be reduced. He stated Steve Gohde, Assistant Director of Public Works, had talked with the homeowners earlier and would remain in contact with them. He explained he recommended Council officially reduce the storm sewer lateral from $2100 to $750 for 1444 Maricopa Drive. Mayor Cummings stated the reduction did not negate the fact that they were not provided the proper information at the time of purchase. Council Member Pech questioned if it was required for buyers to be informed. Council Member Allison-Aasby stated it was required by law. Council Member Pech requested Mr. and Ms. Yager to provide their contact information to Council to allow them to follow up. 3 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 CITIZEN STATEMENTS Sossina Chirhart, student at UW Oshkosh, stated the second annual UWO free school would take place April 1, 2017 from 8:00 a.m. to 5:00 p.m. She explained Council would be allocated a 50 minute time slot to engage in communication with citizens. She stated other workshops included yoga, sustainable living, gardening and community focused events. She provided Council with a flyer promoting the event. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Museum Minutes from February 2, 2017 Receipt of Claims filed with the City's Insurance Company: A) Chelsea Weber for alleged damages to her vehicle from a snow plow Resolution 17-94 Approve Amending Assessor Fees for New Construction to Establish a Maximum Fee Resolution 17-95 Approve Option to Purchase from Dynamic Drinkware LLC for Vacant Lot on South Side of Badger Avenue, Southwest Industrial Park Resolution 17-96 Approve Option to Purchase from Dynamic Drinkware LLC for a Land Locked Vacant Lot off Badger Avenue, Southwest Industrial Park Resolution 17-97 Award Bid to Swiderski Equipment Inc. for Multi-Purpose Municipal Tractor for the Streets Division ($198,494.00) Resolution 17-98 Approve Engineering Services Agreement with ADS Environmental Services for Sanitary Sewer System Flow Monitoring Services ($76,000.00) Resolution 17-99 Grant Noise Variance Request for the Construction of the Arena & Related Improvements on the Former Buckstaff Property 4 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 A representative from Bayland Builders, 1825 Pershing Road, New London, stated he worked for Bayland Builders, who was contracted to build the arena. He explained his company requested a noise variance for an additional hour each day until December Stn, 2017. He stated the project area was mainly industrial and the additional hour should have a minimal impact. He explained it would help the company maintain the timeline and complete the work efficiently. Resolution 17-100 Cancel Outstanding Checks; Write-off Delinquent & Uncollectible Accounts Mayor Cummings asked for an explanation of the procedure. Trena Larson, Director of Finance, stated it was an annual review of outstanding checks, accounts receivable and bankruptcy notifications. She explained the write-offs that proceed from the review did not relinquish responsibility by the debtors and City staff would pursue collections. She stated it was a bookkeeping function to maintain current receivables on the books. Council Member Pech questioned if City staff had made efforts to make contact with the individuals who had been issued the outstanding checks. Ms. Larson stated all parties who had been issued a check of $100 or greater were sent a letter from the City collections department. She explained if such a check was presented for payment it would be honored by the City. Resolution 17-101 Approve Rules for Council, Boards & Commissions Resolution 17-102 Approve Special Event—Oshkosh Rotary Club to utilize Menominee Park & City Streets for Wisconsin's Best Ribfest & Run / September Is,- 41h 1 2017 Council Member Palmeri questioned why the event organizer had request a noise variance to extend the time of the event until 11:00 p.m. Kathy Snell, Special Events Coordinator, stated they requested the event be extended to allow their bands to play until 11:00 p.m. 5 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Palmeri questioned if the ordinance required a hardship to be shown to explain why the event would not be able to meet the normal end time. Ms. Snell stated she was not sure. Ms. Lorenson stated the noise variance for the event was different from the variance requested by Bayland Buildings as the event would take place in the park and was therefore covered under the park's guidelines. She explained the event organizers were asking for the park's closing time to be extended by an hour. Council Member Palmeri questioned in relation to fees if an event organizer would be able to provide their own cones and signage to reduce their cost. Ms. Snell stated they would be able to provide cones. She explained 'no parking' signs could be provided by the event organizer, however, the police department would be required to install them. She stated it would prevent any confusion in the event an individual received a parking ticket. Council Member Palmeri questioned why there was not a charge listed for the use of the space for the event. Ms. Snell stated they did not charge for the use of the space the event was occupying. She explained if they utilized shelters or shelters were not able to be rented due to the event they would be charged a rental fee for the park shelter through the parks department and was not listed on the estimate as it was not an extraordinary service charge. Resolution 17-103 Approve Appointment to the Sustainability Advisory Board Resolution 17-104 Disallowance of Claim by Julie Mayer Resolution 17-105 Approve Class "A" Fermented Malt License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Panske; second, Pech) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings 6 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-106 Repeal & Recreate Chapter 26 Trees & Vegetation of the City of Oshkosh Municipal Code (Advisory Parks Board Recommends Approval) Sill Sturm, Landscape Operations Manager, stated the previous version of the ordinance had been focused on Dutch elm disease. He explained the proposed ordinance would cover other potential disease and insect issues that may occur in the future such as emerald ash bore which was present in the City. He stated City staff had clarified items such as hazard trees located on public property that would have the potential to fail and fall in the public right of way. He explained the clarified language would make the ordinance easier to enforce especially in relation to issues that may impact the safety of the general public. He stated nursery stock and arboricultural standards had been updated to ensure work completed on public trees met the applicable specifications to comply with the International Society of Arboriculture. Mayor Cummings questioned how the ordinance would impact trees on private property that were in danger of coming down. Mr. Sturm stated the ordinance would allow City staff to address any tree that would, upon falling, impact the public right of way. He explained while it was difficult to address trees on private property the ordinance would allow for City staff to assess a tree suspected of having emerald ash bore to prevent the disease from spreading into the community. He stated City staff would notify the property owner to take appropriate measures to either control the insect or remove the tree as needed. Council Member Palmeri stated a number of residents had expressed concern about mature trees that had been planted in or close to the right away that may need to be removed to accommodate street or sidewalk repairs. She questioned if citizens planting trees on private property should meet with the City forester to determine if the location may cause issues in the future. Mr. Sturm stated there were no rules regarding placement of trees on private property, however, City staff would be willing to answer questions and make recommendations. He explained questions often came up regarding planting large shade trees in the vicinity of overhead utilities;he stated City staff would advise the property owner to use a smaller growing tree or provide adequate setback from the utilities to prevent Wisconsin Public 7 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Service from having to do routine pruning through the tree's life and disfiguring it. He stated City staff worked with Wisconsin Public Service on installation of trees that would not encroach into utilities to maintain healthy trees and prevent them from having to be placed on a maintenance schedule. MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Ordinance 17-107 Approve Rezoning 900 North Koeller Street from SMUSuburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay (Plan Commission Recommends Approval MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Peter Ogorek, Perspective Design, stated he was the architect working on the project with General Capital Group and was present to answer any questions. Mayor Cummings stated the property had been the former K-Mart and Sears. Mr. Ogorek stated that was correct. Council Member Herman asked for an explanation of the timeline of the project. Mr. Ogorek stated if the re-zoning would be approved they would work with the plan commission to begin the implementation stage. He explained the existing building would need to be converted into the climate controlled self-storage building. He stated the property had a number of challenges therefore the developer would like to begin as soon as possible to address them. Council Member Herman stated the project would improve a blighted property in the City. 8 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Ordinance 17-108 Approve Rezoning 1218 & 1226 Witzel Avenue from UMU Urban Mixed Use District & SR-5 Single Family Residential 5 District to UMU PD Urban Mixed Use District with Planned Development Overlay (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Council Member Herman questioned if the change would only effect the two properties. Darryn Burich, Planning Services Manager, stated that was correct. Council Member Herman questioned what the impact to the neighbors would be. Mr. Burich stated the existing dental office was acquiring the property to the west and in order to expand their parking operations the zoning would need to be changed. He explained City staff had addressed potential issues including drainage and recommended the plan to continue. Council Member Panske asked for an explanation of the timeline of the project. She explained the project was near schools and may have an impact on school traffic. Mr. Burich stated he understood they wanted to complete the project this year although he was not certain of the exact timeframe. He explained City staff was not concerned as it was not a large project. Council Member Panske questioned if there would be much disturbance. Mr. Burich stated it would not. He explained the owners would take down the house and convert the space into a parking lot. Council Member Palmeri stated she believed there had been discussion at the plan commission meeting regarding a possible buffer between the residential property and the business. She questioned if the plans would include such a buffer. Mr. Burich stated yes. He explained the new zoning ordinance required a fence and landscaping on either side for this type of property. 9 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Mayor Cummings stated the office was west of the Taco Johns on the corner of Witzel Avenue and Sawyer Street. Ordinance 17-109 Amend Section 8-1.1(B)Hotel&Motel Room Tax to Clarify Ordinance Pertaining to Convention Center Debt MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Council Member Pech asked for an explanation of the ordinance. Trena Larson,Director of Finance,explained the proposed amendment was a clarification in the funding allocations which were previously established. She stated the hotel and motel room tax receipt distributions were re-ordered. She explained the 8% plus the 2% tax rate would remain intact. She stated there would be no financial impact resulting from the proposed amendment. Council Member Herman questioned if as long as debt remained on the convention center, the room tax would be able to be applied to that debt. Ms. Larson stated that was correct. She explained in Oshkosh there was an 8% room tax and state statutes allowed the City to add an additional 2% tax to cover the convention center debt. She explained the application would allow the funds to be applied directly to the debt in lieu of general obligation funds. Council Member Pech stated the tax would generally be paid for by individuals coming to visit the City as it was a hotel/motel room tax. Ms. Larson stated that was correct. 10 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Ordinance 17-110 Amend Section 16-4(C) Definitions of Fair Housing Ordinance to Include Ancestry as Protected Class (Staff Requests Waiving of Second Reading) MOTION: SUSPEND RULES (Pech; second, Palmeri) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings MOTION: ADOPT (Pech; second, Stepanek) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Ms. Lorenson explained the amendment would add ancestry, which was the state definition, as it already covered national origin, which was the federal definition. She stated when the ordinance was reviewed by the state they requested the City add ancestry in addition to the federal definition. Council Member Stepanek stated it was an item that was inadvertently missed and the City was now adding it. Ms. Lorenson stated she would not say that it was inadvertently missed; she explained the concept had been included it was a matter or including the state verbiage in addition to the federal verbiage. Ordinance 17-111 Create Section 17-33(V) of the City of Oshkosh Municipal Code Pertaining to Downspouts, Sump Pumps & Other Concentrated Discharges; Repeal & Recreate Section 20-8(C)(3) of the City of Oshkosh Municipal Code Pertaining to Mandatory Connections to the Public Storm Sewer System & Create Section 20-13 of the City of Oshkosh Municipal Code Pertaining to Lead Service Line Replacement FIRST READING; LAID OVER UNDER THE RULES Council Member Herman stated he wanted citizens to be aware that the first part of the ordinance was in reference to a sump pump hose leading outside a residence. He 11 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 explained if the hose went to the street or sidewalk it would no longer be allowed. He stated it would have an impact on a number of homes within the City. Council Member Panske questioned how residents would be notified of the change. Mr. Rabe stated there would be an insert included in the utility bills. He explained public works and inspections received reports of ice in the winter and algae growth in the summer creating hazardous conditions on the street. He stated between the two offices they would be sharing the information with callers as well. Council Member Panske questioned if individuals would no longer be allowed to put out ice melt to address the issue and would be required to move the sump pump hose. Mr. Rabe stated that was correct. He explained putting the ice melt out was a short term solution because the next time the sump pump kicked on it would wash away the ice melt and refreeze. Council Member Panske stated the ice melt had been a solution in the past. Mr. Rabe stated although it had been tried it was not a successful solution. He explained it had resulted in a number of phone calls to public works for ice complains on the sidewalks and on a number of occasions contractors had to remove the ice because the owner's had not. Council Member Palmeri questioned if there would be an alternative to a complete replacement for a lateral with lead pipe such as an internal sleeve and if so would the language of the ordinance need to be revised. Mr. Rabe stated there may be technologies that would function as an alternative to a complete replacement however the existing laterals were undersized and may not be able to accommodate being lined with additional materials. He explained he would need to do additional research to determine what the cost of an alternative to a complete replacement would be. Council Member Palmeri stated she was referencing the 'no-dig' option that would save in labor costs. 12 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Mr. Rabe stated there was no completely 'no dig' option available. He explained there were options that were 'minimal dig' in which a contractor would pull an insert through the lead lateral which had been used three years ago on a project on 91h Avenue. He stated it would be possible to explore using that technology to replace the pipes. Council Member Palmeri asked for clarification if the projects where alternatives had been used were replacements or modifications. Mr. Rabe stated the projects were mostly replacements. He explained there were very few instances in which the pipes were able to be lined with a different material and still provide a structurally sound, adequately sized service lateral to provide water needs to a home. Resolution 17-112 Approve General Development Plan for a Proposed Planned Development at 900 North Koeller Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Council Member Palmeri questioned why the impervious surface ratio would exceed 70%. Darryn Burich, Planning Services Manager, stated the condition of the existing site was nearly completely impervious. He explained although the developer would be exceeding the 70% impervious surface ration they would create additional greenspace on the site compared to existing conditions. Council Member Palmeri questioned what the impervious surface ratio would be. Mr. Burich stated he did not have an exact ratio yet; it would be calculated once specific implementation plans were complete. He explained plan development was divided into two stages; the preliminary stage that would include a general development plan followed by the second stage that would include the specific implementation plan (SIP). 13 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Palmeri questioned if there would be other elements included that would mitigate the storm water and runoff. Mr. Burich stated City staff would review that aspect with the submission of the SIP. Resolution 17-113 Approve Specific Implementation Plan for Planned Development of Parking Lot Expansion at 1218 Witzel Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Palmeri) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings Resolution 17-114 Approve Installation of New Sidewalk: North Koeller Street from Robin Avenue to 300' southwest of Oshkosh Avenue MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Allison-Aasby, Panske, Stepanek, Pech, Palmeri, Mayor Cummings 14 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Resolution 17-115 Approve Charges for Extraordinary Services for Special Events — 2017 MOTION: ADOPT (Pech; second, Cummings) MOTION: LAYOVER RESOLUTION TO BECOME PART OF 2018 OPERATION BUDGET (Pech; second, Allison-Aasby) Council Member Pech withdrew his motion. Council Member Allison-Aasby withdrew her second. MOTION: AMEND TO WAIVE 10% ADMINISTRATIVE CHARGE AND 50% OF PAID TIME OFF /NON WAGE BENEFIT COSTS (Pech; second, Allison-Aasby) Council Member Pech withdrew his motion. Council Member Allison-Aasby withdrew her second. VOTE ON RESOLUTION LOST: Ayes (1) Pech Noes (5) Herman, Allison-Aasby, Panske, Palmeri, Mayor Cummings Present (1) Stepanek Wendy Hielsberg, Executive Director Oshkosh Convention and Visitors Bureau (CVS), thanked Council for their time spent reviewing the concerns of several event coordinators. She requested the resolution be tabled for further discussion. She explained the CVS would like a committee to be formed to review the details of the resolution. She stated she had met with the City manager, the police chief and the City parks director to discuss the proposed new charges. She explained she had initially referred event holders with questions to City staff however the individuals returned to the CVS with additional questions that City staff had not been able to answer. She stated she had not been provided with any documentation showing how much the events cost the City and what dollars the City was trying to recoup from the events. She explained she was also concerned with the speed of the resolution as it had been tabled once to 15 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 allow for a community listening session. She stated at the listening session many participants had indicated they would be interested in being part of a committee. She explained due to the quick timing the event holders were not given sufficient notice to be able to plan for this year's budget. She stated although she understood the reason for the additional fees for police and fire services she also understood the value of tourism in the community. She explained she had attended the state governor's conference on tourism and tourism had been recognized as a leading industry in the state. She stated at the conference her peers had stated they would be interested in asking the events in Oshkosh to move to their community. She explained Oshkosh had earned the brand Wisconsin's Event City. She stated she did not understand why the small and mid-size events were under the same umbrella as a large event. She explained there were a number of event holders in attendance such as the Farmer's Market who originally held their event in the City parking lot. She stated she did not believe the Farmer's Market would require the proposed $7,000 worth of City services. She explained the Turkey Trot had stated the Oshkosh event was their most expensive Turkey Trot in the state despite being located in Event City. She stated she would like to do more research and had received a number of suggestions from her peers regarding what other communities do. She explained she had a number of questions she would like answered. Dennis Leatherman, Assistant Director of the Oshkosh Farmer's Market, 518 Gruenwald Avenue, stated he had reviewed the 2016/2017 special events fee schedule and questioned if the 15% pay raise for community services officers (CSOs) had been approved. He explained the resolution stated an event using less than 20 no parking signs would not receive a charge for sign placement. He stated it was his interpretation that no charge for placement meant they would not need to pay an individual an hourly wage to place signs. He stated he had met with Dean Smith, Chief of Police, Eric Stenson, Police Sergeant, and Kathy Snell, Special Events Coordinator and they had agreed that the schedule of police officers at special events over the past several years had been a schedule completed by Sergeant Harris that determined the number and duties of the officers. He explained the schedule was not an item that was strictly adhered to and the schedules were what was used to determine what the new event fees would be. He stated he and Chief Smith had agreed that the farmer's market would not be charged any more than the cost of the per- minute work of the CSOs as they supported the farmer's market which included setting up barricades and putting up signs. He explained he had been informed that at the previous Council meeting an individual had stated the farmer's market was in support 16 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 of the resolution. He stated that was not true. He explained he would like to be part of a special events committee if it were to be formed. David Goelzer, legal counsel for Experimental Aircraft Association (EAA), stated he and other EAA representatives had met with City staff and appreciated their time. He explained the City had provided no evidence supporting the claim that the Oshkosh budget shortfall was the result of special events. He stated within the new rates there were impermissible elements. He explained in the special events ordinance, which he believed was passed in 2010, it was stated 'the cost for extraordinary services to event organizers shall not exceed the actual cost for providing the services.' He explained if a police officer or firefighter worked overtime the non-variable benefit amount was set and already covered within the City budget. He stated if an event was charged for an hour of police or fire staff time the charge should not include any portion of the non-variable benefit cost. He explained non-variable benefits would include health insurance, life insurance, workers compensation, retirement and unemployment benefits. He stated City staff had provided an analysis explaining if the additional charges were not passed the City would suffer a loss of over$90,000. He explained the statement was not accurate as it was quantifying an overcharge. He stated the last page of the Council agenda packet was a breakdown of how the figure was determined. He explained it showed that City staff had added a 10% surcharge to the annual cost of benefit compensation. Chuck Koehler, Herrling Clark Law Firm, stated he was present to represent Country USA and Rock USA. He explained at the listening session in February City staff had shared statistics that demonstrated Oshkosh was a vibrant and growing community. He stated he believed that the numerous special events within the City were a key component of the growth and social climate. He explained he believed although the taxpayers may bear a cost of the safety personnel for the events they also benefited by the Event City reputation. He stated the value of real estate and homes in the area was impacted by the multiple special events and justified the community as a whole sharing some of the costs. He explained Rock USA and Country USA would experience a significant fee increase and the budget/planning for the performers occurred nearly a year in advance of the event. He stated a one year warning period or a phase in would have been more practical. He thanked the Council and City staff for their work in the past related to keeping special events in Oshkosh. Mike Cluff, 1115 Otter Avenue, stated he was the asset manager at Beechwood Development that owned the Hilton Garden Inn. He explained the hotel already had an 17 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 additional 2% room tax and it was difficult to compete with other communities. He requested that the topic be tabled for further discussion. Marc Dosogne, Chief Executive Officer Boys and Girls Club of Oshkosh, stated he was present due to the club's involvement with the Turkey Trot. He explained he understood there was a concern on behalf of the City regarding cost of services. He provided Council with a handout that showed the costs involved with the local Boys and Girls Club. He explained some of the basic needs of individuals within the community were met by the club and therefore alleviating the City of those responsibilities. He stated he did not believe that the proposed solution was the way to solve the problem. He explained if Oshkosh prided itself on being Event City the citizens should be able to support the needs of the fire and police services required to allow the events to exist. He stated if the City wanted private corporations such as Festival Foods to do things for the community they needed to be aware of the impact the fees may have. He explained the fees may cause community organizations to be unable to raise funds to make the community better. He stated he believed that the proposed fees were regressive and the cost should be part of what citizens should do to support the community. Matt Mugerauer, 2321 Golden Avenue, stated many well respected members of the community were present and had reached out via phone or email to Council. He encouraged the Council to listen to their concerns. He stated many of the individuals coming forward were reasonable civic minded citizens who had helped shape the community. He requested the resolution be sent back to City staff and for City staff to meet with the leaders of the event groups to come up with a fair and equitable solution. He stated Council should also meet with the event leaders to discuss concerns. He explained the event groups would need adequate time to plan for the fee increase. He stated many of the groups do great things within the community including raising funds for children, veterans and others in need of help. He explained when funding to the organizations were cut due to an increase in fees the community would suffer. Ellen Schmidt, 4303 Swallow Banks Lane, stated she was the chairperson of Sawdust Days. She explained the special events policy had created havoc for many organizations. She stated Saw Dust Days had been around for 45 years and she as perplexed as to why the City would suddenly want to add a 10% fee. She explained she had been told that events would be required to pay a fee because the events do not benefit everyone in the community. She stated she paid school taxes and did not have children in school. She 18 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 explained she did not believe adding the additional 10% fee to the already expensive event would enhance the City. She explained the events within the City would suffer. Council Member Herman stated Ms. Schmidt had been quoted in the Northwestern on Monday, March 131h as stating 'all the police in the City came rushing down for these few kids. There were squad cars throughout the park, they just wanted something to happen so they can get rid of us'. He asked for an explanation of that comment. Ms. Schmidt stated she had not been quoted accurately. Council Member Herman stated it had been in the paper. Ms. Schmidt stated then she had misspoken. She explained what she had meant to say was that more was made of the incident than what had really happened. She stated she had workers in tents who had watched what happened. She explained the facts of what happened were that there were 10 underage individuals and that there was no alcohol involved. She stated there were two boys that were involved with police officers and one girl tried to get one boy away and the police officers reacted. She explained the other kids became involved therefore the police department referred to the event as a 'big melee'. She stated that was the knowledge that she had of the event and now Sawdust Days had been hit with a large police cost. She explained she was unsure if the event would be able to continue if they were to be required to pay the fees upfront. She stated the promoters of Sawdust Days had experienced a number of issues with the City and this year she believed the City had a negative attitude towards their event. She explained she believed the City did not want Sawdust Days to continue. She stated it was her belief that they were facing such adversity that the event would be too much of a challenge. Mayor Cummings stated he and Council had been receptive to feedback from the community and had received many phone calls and emails. He stated he believed Council felt the resolution needed to be sent back to City staff for re-evaluation. Council Member Pech stated Council had received significant feedback from the community. He explained there was misinformation circulating. He stated there had been comments made earlier about taxpayers receiving the benefit of the events. He explained under the current system the taxpayers were responsible for much of the cost for the events. He stated that while the City did not wish to increase event fees the burden on City services from events had increased. He explained the City was appreciative of 19 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 the events and he was the sponsor for one of the events. He stated the event he organized for a local non-profit organization would increase from a fee of $466.36 to nearly $1,100. He explained he was not happy about the increase, however, he would work harder to recoup the cost and would not discontinue the event. He stated he believed it was necessary to work together to cover the costs of special events. He explained he did not believe the cost should be the sole responsibility of the taxpayer nor should it be the sole responsibility of the event organizer. He stated no matter what decision the City made there would always be individuals who were unhappy. He explained the discussion regarding the potential committee for special events had been related to the fee schedule for 2018. He stated he and Council Member Palmeri had been present at the listening session. Council Member Palmeri stated she did not recall that specifically and had a different recollection from the meeting. Council Member Pech explained he believed it was important to work together and talk to each other instead of at each other. He recommended that City staff work with both the event organizers and the general taxpayers who were not involved in the events. He stated he believed room tax funds may be an option to discuss if the concern was indeed a tourism issue. He motioned to lay over the resolution, which was seconded by Council Member Palmeri, however he did not provide a timeframe for the layover. Ms. Lorenson stated Council needed to provide a specific date or an event that would trigger City staff to place the item back on the Council agenda. Council Member Pech questioned how long City staff thought it would take to re- examine the item. Mr. Rohloff stated the reason he suggested forming a committee for 2018 was due to it would take months of committed time to dissect fees and review options. He explained there would be considerable detail to review and he did not believe it would be easy as it would require significant input and there would likely be disagreement. He stated he believed there would be value in giving him the item as a directive which would give it priority throughout the year. Mayor Cummings stated he believed everyone needed to be willing to invest the time to do it right. He explained he believed it was too important to the City of Oshkosh to rush 20 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 it through. He stated he understood that not everyone would be happy with the outcome nonetheless somehow there had to be a solution to help pay for the growth of the events. He explained it was not a fair solution to ask the general taxpayers to foot the entire bill. Council Member Pech stated he believed the special event fee structure would be well suited for discussion during the 2018 budget cycle. Council Member Panske questioned if an acceptable timeframe would be to have the item return to Council after a committee had been formed and a recommendation created. Ms. Lorenson stated either timeframe would be appropriate. Council Member Pech stated he would like to add the timeframe of the 2018 budget cycle to his motion. Council Member Herman stated there were additional items he would like to discuss prior to taking a vote. Council Member Allison-Aasby withdrew her second. Council Member Herman questioned if the item was laid over, what fees would be charged to upcoming events. Mr. Rohloff stated with no action by Council the rates that were currently in place would continue. Council Member Herman stated each year event fees increased a small amount due to contracts with police, fire and other City staff. He questioned if that increase would be billed to the events. Mr. Rohloff stated it would not. He explained new fee rates were approved each year. Council Member Herman stated the small increase typically reflected the increase in City staff wages. 21 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Mr. Rohloff stated it had historically been a simple process where the rates were adjusted for inflation. He explained if Council were to take no action on the item the fee schedule that was approved in January of 2016 would remain in place. Council Member Herman stated there were union contracts in place with the police and fire departments and the City was required to honor those contracts. He explained they were entering a negotiation year for the union contracts and even if the City argued for a 1% wage increase it could end up in arbitration. He stated he wanted the public to be aware that there were increases to the fee schedule each year due to the contracts for City staff who provide services for special events. He explained in relation to the article in the Northwestern he believed it was important for the police and fire department to be the ones responsible to determine if they need more officers at an event. He stated Council had challenged City staff to look at different options to address the cost of special events though he did not believe the proposed fee schedule was the correct option. He explained they had received a number of emails that included other community's special event policies and guidelines. He stated one of his concerns was that the special events ordinance that had been passed by a previous Council did not have a fee structure built into it. He explained he believed that vagueness in the ordinance and the increase in the number and size of special events led to the present situation. Mr. Rohloff stated during a fee review there were actions taken that were routine. He explained the routine actions were imbedded in the more controversial issues. He stated he and Ms. Larson, Director of Finance, would be able to show Council the items that were not controversial such as the incremental fee increases due to City staff contracts. He explained City staff had performed a salary review for community services officers (CSOs) and it had been determined that they were being underpaid by several dollars when compared to comparable communities and were losing staff. He stated an adjustment was made to bring the CSOs up to market. He explained although he understood the concern from the event organizers there was a financial issue that was caused by special events. He stated the volume of special events had dramatically increased in Oshkosh and other communities did not need to increase their rates as they did not have as many events. He explained the more volume there was in an area where the City was not recovering costs the more the City would lose. Ms. Larson stated City staff had proposed Council examine four items to alter the current methodology that had been used to calculate fees for the past 8 years. She explained the first item was to charge for regular time personnel. She stated special events had not been 22 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 previously charged for personnel such as CSOs, regular police officers, battalion chiefs and the special event operation sergeant. She explained up to date, any regular time wages for City staff working special events had been paid for by the general tax roll. She stated it had been proposed to charge for regular time personnel dedicated to special events. She explained the second proposed item was a 10% indirect administrative overhead charge to cover the cost of a police vehicle being placed at an event, the fuel cost for a firetruck or ambulance on site, the billing and organizing of event charges. She stated these were items that had not been charged to event holders in the past. She stated the final two items were to remove paid time off including vacation, floating holiday and sick time in addition to removing non-wage benefits such as ICI, life insurance, health insurance, workers compensation and unemployment. She explained the proposed changes would result in new a methodology for calculating future fee schedules. She stated in estimating the City's budget for special events if current methodology remained in place the City would start with a shortfall of$129,900. Council Member Pech asked for clarification of the shortfall. Mr. Rohloff stated if Council were to approve the resolution as it was the City would begin with a $129,900 shortfall. Council Member Pech stated if additional charges were removed the shortfall would increase. Mr. Rohloff stated City staff recognized that although they were making an effort they would not be able to achieve all of the recovery goals. Council Member Pech stated even with the proposed increases the general taxpayers would still need to contribute to balance the budget of special events. Mr. Rohloff stated it was approximately$197,000 footed by the taxpayers. He explained the items Ms. Larson addressed were the controversial pieces; the other components of the proposed increase were routine in nature. Council Member Pech asked for an explanation of the removal of non-wage benefits. Ms. Larson stated City staff was presently using what is referred to as a'full burden labor rate' in their methodology. She explained that was a standard practice in both the public 23 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 and private sector service industries. She stated the goal was a full cost recovery of all costs associated with an employee, both direct and indirect. Council Member Palmeri thanked the event organizers and citizens who reached out with concerns, especially event organizers who provided detail regarding their events. She stated she had a conversation with Chief Smith regarding the costs associated with special events in 2015 and 2016. She explained she had noted the cost for overtime for 2015 was $215,000 that was attributed directly to special events. She questioned if her notation was accurate. Dean Smith, Chief of Police, stated it was correct. Council Member Palmeri questioned if the total for 2016 was $210,000. Chief Smith stated that was correct. Council Member Palmeri questioned if there would have been the same range of overtime paid if there had not been the labor cost associated with special events or if the overtime was directly caused by the events. Chief Smith stated those two specific dollar amounts were specifically attributable to law enforcement staffing of special events. Council Member Palmeri stated during the second budget meeting in August of 2016 Council had been provided with a per capita spending for police and fire in comparison to 10 cities for 2014. She explained with fire, Oshkosh ranked at$183 per capita, with the average being $140 per capital among the cities studied. She stated for police, Oshkosh had been ranked the lowest in per capita at$184 while the average was $228 amongst the 10 cities. She explained she had received further data from Ms. Larson from 2015 and 2016 and Oshkosh was now at $194 per capita which was still below the average from 2014. She stated there had been no increase in police and fire spending despite an increase in services. She explained she agreed that more information would be required for a thorough analysis for fees going forward, however, she stated there had been challenges throughout the budget process and event organizers would need to recognize that there would be higher costs associated with special events each year as the cost to put them on increased. She stated it should not have been a complete surprise to event organizers that 24 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 there would be a fee increase. She explained she believed the topic needed work from both the City and the event organizers. Council Member Panske stated while she agreed that work from both sides needed to be done and she appreciated the effort that City staff had put forth, she believed that Council and City staff needed to'back up' from the issue. She explained she was reminded of the rental inspection ordinance where there was a group in the community who wanted to get involved and the City was not willing to work with them despite encouraging citizens to become involved in boards and commissions. She stated she disagreed with the way the topic was being addressed and believed the process should slow down and involve the individuals who wished to work with Council and City staff. She explained although everyone may not be happy, if they were involved and felt they had a voice they could understand what the City was doing and why. She stated Oshkosh had earned the name of Event City and she wished to keep it that way. Council Member Allison-Aasby stated she did not believe anything had been said by Mayor Cummings or Council indicating that Council was not willing to work with or listen to the community. She explained in regards to the comment regarding forming a committee for an earlier ordinance that it had taken months to receive enough applications to begin looking at forming a committee. She stated if a committee were to be formed for the special events fee topic it was important for individuals to understand it may take 3-6 months of time commitment. She explained she had conversations with staff at the CVS and other event organizers and believed a solution could be created that would be equitable to all involved. She stated over the past six years it appeared that the events in Oshkosh had more than doubled. She explained City staff had not grown to the size that the events had increased to. She stated in order for the City to maintain its budget, the taxpayer to be taken into consideration and events to be successful it may be necessary to recognize that Oshkosh can only accommodate a certain number of events. She stated it was possible that although the City continued to take event applications that it may max out and not be able to approve every event unless the taxpayer and event organizers were willing to fund substantial City staff for both the police and fire departments as well as administrative staff. She explained she believed further work and discussion could lead to a solution. She stated the result would need to be a win for the taxpayers, the event holders and the City. 25 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Mayor Cummings stated it was frustrating trying to recruit individuals to serve on boards and commissions. He explained the one that had been requested by the landlords had taken nearly 6 months to gain enough membership to form a committee. Mr. Rohloff stated at the February 22nd listening session there had been a number of individuals who indicated they would be willing to be part of a committee. He explained he believed a working group should be formed internally with City staff. He stated if the direction was to form a committee it would require approval from Council, a quorum to meet and minutes. He explained if Council wanted to stay on the 3-6 month timeline it may take that long just to form the committee. Council Member Allison-Aasby stated they had used the wrong verbiage and a working group would accomplish the goal. Council Member Palmeri stated she would still like minutes provided. Mr. Rohloff stated minutes could be provided. He explained he believed people were engaged in the topic and would participate. Mayor Cummings questioned if participants would need to be residents of the City of Oshkosh. Mr. Rohloff stated that there would be no requirements because it was a working group. Council Member Pech stated he would recommend a deadline of August 8th, 2017 with status updates in May, June and July. He explained the item would be part of the budget process discussions. Mr. Rohloff stated there would be budget workshops. He explained the first workshop typically occurred in July and the second in August. He stated a portion of the second budget workshop could be devoted to special event fees. He requested that Council give him the item as a directive so he would be the one to provide Council with updates. Council Member Pech questioned if giving a deadline of the second budget workshop would meet the requirements to lay over the resolution. Ms. Lorenson stated yes. 26 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Allison-Aasby questioned what the fiscal impact would be from not taking any action until August. Mr. Rohloff stated it would be slightly over $300,000 that the City would need to absorb. Council Member Pech stated he believed some of the fiscal impact needed to be addressed. He explained taxes had already been raised to 6%. Council Member Allison-Aasby questioned if Council Member Pech's motion to amend the resolution was to address the fiscal impact. Council Member Pech stated it was. He explained he understood that there were costs that needed to be addressed. Dennis Leatherman, 518 W. Gruenwald Avenue, stated he believed event holders had been hit twice. He explained he had been part of the original special events discussion in 2010 and had been told event holders would only be responsible for overtime costs and extraordinary expenses and not normal day by day expenses. He stated now it was proposed that the events were responsible to pay for all of the services that had been given to them free since 2010. He explained on top of having to pay for regular time services they would be assessed an administrative fee. Council Member Pech stated the administrative fee was not part of the discussion. He explained it was being waived as part of the motion. Mr. Leatherman stated he did not believe that Council understood that the events were going from being covered by the City to being charged to the event holders. Council Member Pech questioned if Mr. Leatherman was stating that they had been getting services for free and now event services that were costing the taxpayers' money events were going to be charged to the events. Mr. Leatherman stated he was not saying that there should not be a charge. He explained he was saying that the original resolution had stated event holders would be responsible for extraordinary services which meant overtime, and now extraordinary services included normal duty hours. He stated his event had been charged for a fuse that had blown during the market and he had been charged the hourly wage for the replacement. 27 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Allison-Aasby stated she agreed that events had previously received free City services. She explained since 2010 the number of City staff that serviced events, which included police, fire, parks department employees and occasionally public works, had stayed nearly the same while events had significantly increased in number and size. She stated the City could not afford to continue to take City staff away from their roles to complete tasks for no charge to the events. She explained summer was a peak time for both events and other items that resulted in a burden on City staff. She stated there would need to be further discussions involving event organizers and the CVS. Mr. Leatherman stated the resolution that was on the floor was to change the cost of extraordinary services. He explained the original ordinance from 2010 described extraordinary expenses as overtime. He stated the verbiage would need to be revised as what Council and City staff were discussing was not extraordinary. Council Member Pech stated he believed it may be a situation similar to that of the verbiage in the housing code where different individuals used different terms to describe the same thing. He explained his understanding was that due to the growth of Oshkosh as a whole and the special events the City needed to adequately staff to provide public safety as a whole as well as bring in additional City staff for special events. He stated it would not necessarily result in overtime; it was essentially charging for the cost of City staff serving events as they would be taken away from their regular duty of providing safety to the City. Mr. Rohloff stated he did not believe the ordinance in 2010 referred to extraordinary expenses as overtime. He explained overtime had traditionally been the primary source of expenses charged as the City had not often charged for straight time. He stated the City had not previously charged for the service of CSOs or the battalion chief that was on duty at EAA supporting the event. He explained such costs would meet the definition of extraordinary expenses as defined in the City's municipal code however by tradition the City had not been charging for them. He stated CSOs were staffed at events for the sole purpose of providing service for the event and immediately went off duty following the completion of the event. He explained that situation clearly met the definition of extraordinary. Council Member Pech stated extraordinary was defined as over and above the ordinary duties. 28 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Palmeri stated it was non-essential duties. Mr. Rohloff stated that was correct. He explained it was defined in the municipal code as reasonable and necessary service provided by the City which specifically result from the special event. He stated in terms of tradition Mr. Leatherman was correct; the City had not frequently charged for straight time. Michael Cluff, 1115 Otter Avenue, stated as a homeowner in Oshkosh he did not believe the taxpayers were completely responsible for the cost of special events. He stated he understood 33% of his revenue as a hotelier was a result of special events. He explained there was money from businesses and travelers in the City that also contributed to the costs of the events through items such as sales tax and room tax. He questioned how the $90,000 would be covered by the various event holders. He stated additional clarification and definition was required. Council Member Pech stated sales tax was a state fee from which the City did not receive any proceeds. He explained the room tax proceeds went to the CVS and did not fund special event costs. Mr. Cluff stated he had not claimed the tax proceeds offset City costs. He explained they help fund items such as private security and additional staff that the event holders hired. He stated there were other means the City could explore to cover the costs instead of having the event holders be responsible. Council Member Pech questioned if the CVS paid for private security and other items for special events. Wendy Hielsberg, Executive Director of the Oshkosh Convention and Visitors Bureau, stated they did pay for a number of fees. David Goelzer, legal counsel for Experimental Aircraft Association (EAA), stated he wanted to re-emphasize that the special events ordinance stated the City was not able to charge for anything aside from the actual cost of service to the event. He explained the non-variable benefits portion was not able to be charged as they were not a cost to the City. 29 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Pech questioned if the City was not paying the cost of the benefits who was. Mr. Goelzer stated the City was paying the benefit in the cost of straight time pay. He explained when a police officer or firefighter was on the job, the overtime hour would not cost the City anything in relation to non-variable benefits, which was the $90,000 figure that had been discussed. He stated the City would be overcharging the special events by$90,000. Council Member Pech stated the taxpayer in the City was responsible for that charge. Mr. Golezer stated they were not. He explained the taxpayer was responsible for paying the salary and any benefits that varied with the amount of hours worked. He stated any benefits that did not vary with hours worked were not a cost to the City. Ms. Larson stated it was consistent practice in a full burden labor rate that items such as health insurance were charged. She explained part of the 2017 budget included the hiring of three police officers. She stated the three police officers would not exist if there was not offsetting revenue. Mr. Goelzer stated if there was a firefighter or a police officer on overtime the non- variable benefit was not a cost to the City. He explained it was not fair to charge event holders due to a lack of funds in the City budget. Council Member Herman stated he agreed. He explained the City's municipal code stated the cost to event organizers shall not exceed the actual cost of providing the services. He stated whether a police officer was working or not he still received health insurance. He explained an officer would not receive additional health insurance for working overtime. He stated he could not support billing that cost back to the event organizer as it was a fixed cost. He explained under the current municipal code the City would not be able to charge for such an item. Council Member Pech questioned Ms. Lorenson what the legal interpretation of the municipal code would be. Ms. Lorenson stated the ordinance and the statute reflected the same language; the City would only be able to bill for the actual cost of service to the event. She explained the 30 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 finance department determined what the actual costs were and what items were included in that cost. Ms. Larson stated it was common practice to utilize a full burden cost. She explained the method was also often used when billing for a utility charge. She stated another example was when a plumber came to a residence to make a repair, the labor cost of the hourly rate was the full cost of the employee. She explained the methodology was used because it was a service industry that required individuals to perform the service who required benefits. She stated the practice was not unique to Oshkosh and was often used when billing utility personnel. She explained there were alternative methods to recover the costs of the employees, however, in the existing methodology that had been used since 2010, it had been a fully burdened labor cost. She stated it was not a new practice this year and was consistent with prior years. Council Member Allison-Aasby questioned if cities such as Milwaukee, Madison, La Crosse and Eau Claire used the same methodology. Ms. Lorenson stated in a discussion with one of the major event organizers in Wisconsin about the current methodology used in Oshkosh she had been told it was a familiar methodology that was used in other municipalities in the state. Council Member Allison-Aasby questioned if the premiums that the City paid for workers compensation and unemployment insurance was based off of what the City paid each year for salaries. Mr. Rohloff stated yes. Council Member Allison-Aasby stated that was similar to the private sector; the higher the wages the higher the premiums for workers compensation and unemployment insurance. David Goelzer, legal counsel for Experimental Aircraft Association (EAA), stated it did not matter that the methodology had been used in the past or was used by other municipalities. He explained an officer working overtime would not cause the benefits cost to the City to increase. He stated it would be an overcharge to the events. 31 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Herman stated he represented the Council on the CVS and experienced the many events they brought to the City. He explained when he was working with the Winnebago County Sherriff's Department, the County had been exploring charging for ice and boat rescues. He stated it had been determined that some of those costs were part of doing business. He explained as Event City he believed the majority of citizens did benefit from the events and did not believe the burden was being put on the taxpayers at once. He stated he believed the current proposal would put the cost on special events organizers who had not had time to adjust their budgets. He explained he believed a working group needed to be formed to come up with a solution. Council Member Stepanek stated he served on a committee putting on an event from Party.0 and would abstain from voting on the resolution as he viewed it to be a conflict of interest. Mayor Cummings stated he would not be able to support the amended resolution as he believed it was too late in the year and the event holders had plans and budgets in place. He stated event holders would need to realize that there could be no more 'freebies' in the future. He explained he believed the working group would be able to determine how to keep the events going while evaluating the different types of events. He stated there were events that were totally for profit and the topic of alcohol needed to be addressed. He explained that while Oshkosh was Event City it needed to be discussed if the majority of the events should be structured around drinking. Council Member Allison-Aasby stated it would be irresponsible to not address beginning with a deficit. She stated she believed the budget process would need to begin in April. She explained with the upcoming election there may be new Council members in place. She stated it was someone's responsibility to address the deficit instead of pushing the item into the future. She explained she would request that budget meetings begin in April or early May. Council Member Pech stated he understood that the amendment would not have enough votes to pass. He questioned the Council members who did not support the amendment how the budget deficit should be addressed. Council Member Herman stated there had been options provided in their packets. He explained one of the options was charging for personnel dedicated to the event. He stated it would result in an increase for some events, however, he believed event organizers 32 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 were already working with City staff in an effort to reduce costs. He explained he did not believe it would be fair to the events yet to come in the year as events that had already occurred had not been charged and the City was not able to back bill. He stated he believed any changes would need to occur in 2018. He stated there were a number of communities the working group could review as an example for the future. Council Member Pech stated he agreed that the City needed to be fair to the event organizers, however, he believed the City also needed to be fair to the taxpayers of the community who were footing the bill. Council Member Pech called the question and stated a vote must be taken as it was now non-debatable. Council Member Herman stated he believed the direction to Mr. Rohloff should be to form a working group. Mr. Rohloff stated he would request that Council not provide Mr. Rohloff with such direction as a formal committee would then need to be formed. He explained he would gather a broad group of stakeholders to seek their input and evaluate the fee structure. He stated he would have a recommendation prepared for Council around the first budget workshop session. Council Member Allison-Aasby questioned if Council was in agreement with starting the budget process early. Council Member Herman stated yes. Council Member Pech stated yes. Mr. Rohloff stated he would work with City staff to come up with options to address the budget deficit. Council Member Pech stated the reason for his affirmative vote on the resolution was to call attention to the fact that there were serious budget implications that needed to be addressed. Mayor Cummings stated he believed both event organizers and the taxpayers needed to be aware that the expenses would have to be paid by some means. 33 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Resolution 17-116 Amend 2017 Capital Improvement Program to Increase Available Project Funds for Convention Center Improvements MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Noes (1) Palmeri Resolution 17-117 Lith fife b,,,,,,,,r ing f,,,,,,, u,,af „f r,,,,,,missionefs of Publ E Land (9C12T=) State rrfust Fund Lan ($4,500,000)- WITHDRAWN BY STAFF Resolution 17-118 Award Bid to Maccos Commercial Interiors Inc. for Carpet Replacement, Faith Technologies Inc. for Electrical Upgrades & Omni Glass & Paint for Painting & Wallcovering Improvements for the Oshkosh Convention Center ($342,767.00) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Herman, Allison-Aasby, Panske, Stepanek, Pech, Mayor Cummings Noes (1) Palmeri COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Council Member Herman stated he was approached by a stakeholder from a business close to the bridge. He questioned if the City planned to have a discussion with stakeholders regarding their recommendations for the Jackson/Oregon Street Bridge project. Mr. Rohloff stated a meeting had not been scheduled with stakeholders as the state had not yet provided a rendering of the options. He explained the recommendation from the various boards and commissions may not be ready for the March 28th Council meeting as they had not received the renderings and likely would not have time to meet prior to the Council meeting. 34 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Herman stated stakeholders could be invited to attend one of the boards and commissions meetings instead of a separate meeting. He explained he had been approached by City Center which would be impacted by the decision. Mr. Rohloff stated City staff would provide the renderings to anyone who expressed an interest. Council Member Herman stated City Center had expressed concern that they may get left out of the decision. Council Member Pech stated if the City received the rendering it could be displayed at the State of the City. Mr. Rohloff stated he was not certain he would have the rendering in time. Mayor Cummings stated it had been made clear to the Department of Transportation (DOT) that the City would like to see the rendering of the bridge in place with a concept of a developed riverfront. Mr. Rohloff stated Mr. Rabe was the point of contact with the DOT and would continue communication about the request. He explained he did not believe the renderings would be ready for the March 281h Council meeting although City staff would provide an update at that time. Council Member Palmeri questioned if there was a workshop scheduled for April 25, 2017. Mr. Rohloff stated he was not aware of one. He explained because it was the first Council meeting with potential new members it was not recommended to have a workshop. Council Member Stepanek stated he had requested the diversity committee topic be added to the agenda for Council to decide if they would like to look at the formation of a diversity committee when they review the other boards and commissions or if it would be examined by itself. He explained his term was nearly up and stated he believed it would be fair for the new Council to evaluate the diversity committee at the same time as the other boards and commissions. 35 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Mayor Cummings stated he believed it would be evaluated with the City's other boards and commissions. Council Member Allison-Aasby stated she believed it was an important topic and many community members had approached her for a status update on the committee. She questioned if there was a date set for the revision of the boards and commissions. Mr. Rohloff stated it was one of the goals Council had provided him. He explained he planned on a date mid-year. He stated if mid-year was not satisfactory to Council, City staff would begin work right away. Council Member Allison-Aasby stated she would like to know other Council Members' opinions. Council Member Panske stated she was in agreement with the mid-year date. Council Member Palmeri stated she had individuals ask her how they could apply for the diversity committee and they had not been aware that it had not formed yet. She questioned if May would be an acceptable timeframe. Mr. Rohloff questioned if she was referencing just the diversity committee or all of the boards and commissions. He stated he did not believe all of the boards and commissions would be ready for review by May. Council Member Palmeri stated just the diversity committee. Mr. Rohloff stated he believed City staff would be able to prepare the diversity committee by May. Council Member Pech stated he believed the diversity committee should fall under the review of all of the City's boards and commissions. He explained the City struggled to gain membership to the existing committees. He stated there may be an opportunity to combine the diversity committee into an existing board or commission and that would be best handled after the election. He explained there may be a different Council in place at that time. Council Member Allison-Aasby stated perhaps it wasn't the best time to discuss the topic. 36 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 Council Member Palmeri stated she believed it had already been decided that a diversity committee would be formed. Council Member Allison-Aasby stated it had; she was referencing the discussion about the timeframe. Council Member Herman stated he believed City staff already had the terminology; it was a matter of advertising for the committee to gain membership. Ms. Lorenson stated Council would need to adopt an ordinance to form the committee. Mr. Rohloff stated other municipalities had similar ordinances. He explained he could put examples together for the newsletter to give Council an idea of the direction. Mayor Cummings stated one of his frustrations over the last two years was that individuals voiced interest in joining boards and commissions though they did not follow through. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENT AND STATEMENTS Mr. Rohloff stated as part of the City's purchasing ordinance it was required that City staff provide Council with a list of vendors receiving more than $300,000 on an annual basis. He explained Council had been provided with the 2015 and 2016 report. He stated it was in an interest of transparency to show the recipients of significant City funds. He explained one of the primary reasons was to identify consulting firms as they did not necessarily require a bid. He stated they were either proposals or City staff recommended a firm to Council based on expertise. He explained the fourth quarter revenue and expense statement. He stated there were a few items that were not included such as engineering fees and TIF district costs which were still in the process of closure 37 PROCEEDINGS OF THE COMMON COUNCIL—MARCH 14, 2017 with the annual audit. He explained once that was complete it would be determined if the City met the annual budget. He stated Ms. Larson had identified through the preliminary accounting that the City would be in the positive. He explained there was nothing new regarding the Buckstaff demolition. He stated the demolition was progressing and work was being complete on the public improvements. He explained it was time to shift the topic to arena construction update as the demolition was nearing its end stages. He stated March 29, 2017 at 3:00 p.m. was the groundbreaking ceremony for the arena, followed by a gathering at Becket's. He explained early voting would begin March 15, 2017 in the Clerk's Office and the State of the City was March 20th, 2017. MOTION: ADJOURN (Panske; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 8:56 p.m. PAMELA R. UBRIG CITY CLERK 38