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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN AUGUST22, 2017 REGULAR MEETING held Tuesday, August 22, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Tom Pech, Jr., Lori Palmeri, Deb Allison-Aasby, Steven Herman, Caroline Panske, Jake Krause and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Tom Pech read the Invocation. The Pledge of Allegiance was led by Council Member Pech. PROCLAMATION Mayor Cummings proclaimed Saturday, September 291h St. Vincent DePaul day in the City of Oshkosh to commend the St. Vincent DePaul Society for the charitable work they completed in the City. A representative from St. Vincent's was present to accept the proclamation and thanked the community for their support. PUBLIC HEARING Resolution 17-409 Approve Final Resolution Regarding Revenue Bond Financing for Paine Art Center & Gardens, Inc., Project MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings 1 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Aaron Sherer, Director of Paine Art Center, stated they had executed a number of capital improvement projects over the past few years. He explained the financing would support the gardens and parking lot and had been part of the financial planning since the initial phases. He stated a portion of the funding would be paid back through campaign pledges and the remainder as part of their long term financial plan and paid for through annual operation income. Council Member Herman asked for an explanation of the City's involvement. Ms. Lorenson explained the bonds provided a financing mechanism that had a better interest rate; it was not an obligation of the City. She stated the Paine paid for the City's bond counsel to review the documents and the City was fully protected. Council Member Herman stated similar agreements had been completed in the past. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Oshkosh Public Library Minutes from July 5, 2017 Receipt & Filing of Oshkosh Public Museum Board Minutes from July 13, 2017 Receipt & Filing of Common Council Minutes from July 11 & 25, 2017 Resolution 17-410 Approve Option to Purchase Agreement with Bobolink Mitchell Falls, LLC; Southwest Industrial Park Council Member Palmeri stated at the end of the staff memo it was indicated that there was no value to the property and therefore no fiscal impact. She asked for an explanation of that statement. 2 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Kelly Nieforth, Economic Development Services Manager, stated if the City were to sell the property, they would charge$26,000 per acre, which would be added to the industrial park fund to pay for improvements that had been completed. She explained as far as budgeted items, there was nothing that the City would need to pay for. Council Member Palmeri stated there was no taxable value at this time although the market value was based on that figure. Ms. Nieforth stated that was correct. Resolution 17-411 Approve Amendment to the Specific Implementation Plan for Mixed-Use Arena/Event Complex located at 1212 South Main Street (Plan Commission Recommends Approval) Resolution 17-412 Approve Extraterritorial Preliminary Plat/Sandhill Farms; (Plan Commission Recommends Approval) Resolution 17-413 Withdrawn by Staff Resolution 17-414 Award Sid to H.J. Martin & Son, Inc. for Flooring Replacement for Fire Department Fire Stations 17-19 ($44,250.00) Resolution 17-415 Award Sid to Structurewerks for Repairs for the Convention Center Parking Ramp ($46,522.00) Resolution 17-416 Approve Amendment to Engineering Services Agreement with AECOM Technical Services, Inc. for Snell West Sanitary Pump Station & Interceptor Sewer ($142,010.00) Resolution 17-417 Approve Change Order No. 2 for Public Works Contract No. 16-05 Paving, Sidewalk, Driveway & Utilities / Second Local Street Concrete Paving Program (Southside Area) ($45,978.81) Resolution 17-418 Approve Change Order No. 1 for Public Works Contract No. 17-04 Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program (Near East Side) ($358,339.75) 3 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Pech asked for an explanation of the additional cost. Mr. Rabe explained it was the result of adding the concrete paving of Eveline Street after the utilities had been completed under an emergency declaration due to failure of the storm sewer and imminent failure of additional portions of storm sewer/sanitary sewer. Resolution 17-419 Approve Edward Byrne Memorial Justice Assistance Grant(JAG)for Police Department in the amount of$16,285.00 Resolution 17-420 Approve Amended Special Event—Lourdes Academy to utilize City streets for the Lourdes Academy Eucharistic Procession/August 30, 2017 Resolution 17-421 Approve Special Event — First Congregational Church to utilize Brown Street for their Sunday School Kick Off event/ September 10, 2017 Resolution 17-422 Approve Special Event — Oshkosh West High School to utilize City streets for the Oshkosh West Homecoming Parade / September 15, 2017 Resolution 17-423 Approve Special Event - Alzheimer's Association of Greater Wisconsin Chapter to utilize Oshkosh North High School & City Streets for the Walk to End Alzheimer's / September 16, 2017 Resolution 17-424 Approve Special Event—Trinity Lutheran Church& School to utilize Menominee Park for the Music & Worship in the Park / September 16 & 17, 2017 Resolution 17-425 Approve Special Event — Bella Medical Clinic to utilize City streets & South Park for the Walk for Life event/October 7, 2017 Resolution 17-426 Approve Special Event — UW Oshkosh to utilize City streets for the Tour de Titan/October 7, 2017 Resolution 17-427 Approve Special Event—UW Oshkosh to hold their Tent City at the UW Oshkosh Sports Complex/October 7, 2017 4 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Resolution 17-428 Approve Special Event — Oshkosh Benevolent & Social Club to utilize the Riverwalk& City streets for the Jeremy Monnett Rock'N' Glow Fun Run-Walk/October 13, 2017 Resolution 17-429 Approve Special Event-Business Improvement District to utilize the 400 & 500 blocks of North Main Street for the Downtown Oshkosh Trick or Treat/October 25, 2017 Resolution 17-430 Approve Block Party — Kim Willman to utilize Wheatfield Way between Ruschfield Drive & Timothy Trail to hold their neighborhood block party/ September 3, 2017 Resolution 17-431 Approve Block Party—Laura Fiser to utilize Cliffview Drive between White Swan Drive & Graber Street to hold their neighborhood block party/ September 16, 2017 Resolution 17-432 Approve Block Party — Mariah Bennett to utilize Evans Street between E. Irving Avenue & E. Lincoln Avenue to hold their neighborhood block party/ September 23, 2017 Resolution 17-433 Disallowance of Claim by Mark Bradish Resolution 17-434 Disallowance of Claim by James Lang Resolution 17-435 Disallowance of Claim by Carol Velasio Resolution 17-436 Approve Special Class "B" Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-437 Approve Zone Change from A-2ETZ General Agricultural Extraterritorial District to R-1ETZ Single Family Residence Extraterritorial District; North Side of the 3400 Block West 91h Street Road in the Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Palmeri stated it was indicated that the development would have no impact on City services as they would be served by town and county. She explained it was her understanding that the property was scheduled to become hooked up to City services in 2023. She questioned if the intent of the statement was that there would be no impact on City services at the present time. Kelly Nieforth, Economic Development Services Manager, explained the properties would have private septic service until 2023. Ordinance 17-438 Approve Zone Change from UI Industrial District to BP Business Park District for Property Located at 1919 Bowen Street (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Krause) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Herman asked for an explanation of the zone change. Kelly Nieforth, Economic Development Services Manager, stated it was related to the existing car wash on Bowen Street that had been purchased by the Oshkosh Area Humane Society for a future use. She explained they did not have plans for the building in place yet. 6 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Ordinance 17-439 Modify Parking Regulations on South Park Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-440 Approve Zone Change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay; 1126 S. Koeller Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-441 Approve Zone Change from I Institutional District to SMU-PD Suburban Mixed Use District with Planned Development Overlay for Property Located at 1860 Wisconsin Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 17-442 Approve Amended Payment in Lieu of Taxes (PILOT) Agreement with Oshkosh Housing Authority & Waite Rug Housing, LLC for Property Located at 300 East Custer Avenue MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Panske asked for an explanation of the amendment. Ms. Lorenson stated the Oshkosh Housing Authority had purchased a property for rehabilitation into low income housing on the 300 block of East Custer Avenue. She explained the project had become more expensive than initially anticipated due to lower than expected historic tax credits and because the project was structured as public housing it was subject to the Davis Bacon rules which increased construction costs. She stated because their budget had been exceeded, the Housing Authority reconfigured the project under different low income housing guidelines so the Davis Bacon rules would not apply. She explained the tenant rents were then increased which would raise the payment in lieu of taxes (PILOT) payment to the City. She stated the project could not 7 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 support the increase in costs as well as the increased payment to the City, therefore the Housing Authority was requesting beginning the PILOT payment at the originally agreed upon amount and then escalating the payments each year. Susan Van Houwelingen, director of the Oshkosh Housing Authority, explained the low income tax credits had been the concern; the historic tax credits were fine. Council Member Herman questioned if there was a tentative timeline established. Ms. Van Houwelingen stated they needed to close by October 1St. She explained they had difficulty getting contractors to bid with the David Bacon rules in place. Resolution 17-443 Provide Direction to Staff Relating to Oregon Street Reconstruction MOTION: ADOPT (Pech; second, Herman) MOTION: AMEND TO STRIKE OPTIONS#1 &#2 AND TO MOVE FORWARD WITH OPTION #3 (Pech; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings MOTION: AMEND TO LIMIT RESOLUTION TO OREGON STREET FROM W. 8TH AVENUE TO W. 16TH AVENUE (Herman; second, Palmeri) MOTION WITHDRAWN MOTION: ADOPT AS AMENDED (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Mr. Rohloff recommended that Council make an amendment to narrow the choice down to one option for discussion. Jennifer Baier, 1522 Oregon Street, thanked Council and City staff for recognizing the opinion presented with the petition to keep Oregon Street at a 44 foot width. 8 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Panske thanked Ms. Baier for her efforts with the petition as she understood the hard work that was involved. Wendy Drexler Baier, 136 Brockway Avenue, stated she frequented Oregon Street and appreciated Council's support for keeping the street width at 44 feet. Council Member Herman questioned if it would be a two year project. Mr. Rabe explained it would take longer than two years;the first year of the project would reconstruct Oregon Street from 81h Avenue to 161h Avenue and the second year would include 161h Avenue to 21s' Avenue. He explained the project would stretch into a third year to reconstruct from 21s' Avenue to 281h Avenue and a sanitary sewer project would extend south of 281h Avenue. Council Member Herman questioned if it was possible to complete the work in a two phase project. He explained he supported the 44 foot width and questioned if it was possible for Council to approve just the first phase of the project, up to 21s' Avenue. He questioned if the property owners had been notified. Mr. Rabe explained City staff had sent out a letter to all property owners within 150 feet of Oregon Street from the river to 201h Avenue. Council Member Herman stated he had not heard from many residential property owners. He explained he would prefer to move forward with the first phase and review the plans for the remainder of the street after construction. Mr. Rabe stated City staff would focus on the design from 81h Avenue to 161h Avenue. He explained it would be possible for Council to make an amendment to decide on the first phase initially and review the remainder of the project at a later date. Council Member Herman stated he understood there were other utilities underground that did not belong to the City that were fiber optic and questioned if that would be a concern for the contractors. Mr. Rabe stated he was not certain what their current design parameters were, however, the only design work that the City would be providing would be from 81h Avenue to 161h Avenue. He explained there was a significant private fiber optic utility that was the 9 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 primary data connection from Fond du Lac to Appleton for AT&T and the City would provide them the preliminary design. Council Member Herman questioned if the 40 foot width from 161h Avenue to 21s'Avenue would resemble N. Main Street from New York to Murdock Avenue without the bike lanes. Mr. Rabe stated yes. Council Member Herman stated he believed the concern could have been resolved in the past when the City had wanted to work with the businesses along Oregon Street to form a business improvement district or an association. He explained there were a number of business owners who had not voiced an opinion and many of the individuals who signed the petition were renters. Council Member Palmeri stated she agreed with Council Member Herman as the road did transition to a residential area with a school, therefore it may be beneficial to approve the project in phases. Mr. Rohloff explained he believed getting public input about the later phases of the project was a good idea. He stated he had been asked if the road could be made narrower after 161h Avenue and he explained that it could. Council Member Allison-Aasby stated she agreed with Council Member Herman. She explained two business owners had contacted her questioning if there would be any changes in beautification and if it would impact the width of the street. Mr. Rabe stated it would be difficult to make changes to beautification with the 44 foot option. Council Member Herman questioned what type of streetscape there would be. Mr. Rabe explained they had not gotten that in-depth into the design yet. He explained the 44 foot option did not allow for much beautification. Steve Gohde, Assistant Director of Public Works, stated the project would likely install tall, inverted acorn style light poles similar to what was on Ohio Street. 10 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Palmeri stated she believed the existing decorative lighting ran from 61h Avenue until 201h Avenue and questioned if that would be reused. Mr. Gohde explained it would likely not be reused due to the condition of the poles, however, a similar, single-head style would be installed. Council Member Palmeri stated she had questioned why the existing fixtures would not be utilized if the design called for the same style. Mr. Gohde explained the existing fixtures were considerably aged and would need to be replaced due to failure in the near future therefore it made sense to replace them during construction. Mr. Rohloff explained if the resolution was adopted without an amendment, it would approve a 44 foot width from 61h through 21s' Avenue. Council Member Herman explained the width for the second phase of the project could be decided after input from citizens. John Hinz, 137 Brockway Avenue, stated Oregon and Jackson Street were the main northern/southern routes through the City and therefore were heavily used by trucks. He explained individuals trying to access their vehicles, especially near Smith School, would need the extra space. He stated the number of small businesses required space on the street for parking. He explained while there was residential portions of the street, it remained a high traffic route. He stated a wider street was the safest option. Philip Baier, 243 W. 151h Avenue, explained he believed for planning purposes it would make sense to commit to the 44 foot width for each phase of the project. He stated he believed there was significant public response to demonstrate that people favored the 44 foot width. He explained if there was an event that resulted in traffic being detoured from the Butte des Morts Bridge, Oregon Street would be the most suitable route as it was a straight shot through the City and accessed several major east/west roads. He questioned what the reason would be to reduce to a 40 foot width after 161h Avenue. Council Member Panske stated she was in support of the 44 foot width and was appreciative of how active the community became. She explained several of the addresses listed in the petition were located in the area that would be reconstructed 11 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 during the second phase therefore she believed it should be decided and not brought back for review at a later time. She stated she did not support the amendment. Council Member Pech stated he would not support the amendment as the area experienced heavy industrial traffic and was a major thoroughfare. He explained the small residential portion did not begin until approximately 181h Avenue. Council Member Allison-Aasby questioned if the reduction to 40 feet would result in a cost savings. Mr. Rabe explained it would result in a cost savings. Council Member Allison-Aasby stated she preferred the 44 foot width and questioned if the project was anticipated to last 4-5 years. Mr. Rabe explained the resolution was written to include 61h Avenue to 201h Avenue because after 201h Avenue it had been planned to keep four lanes of traffic with no parking. Council Member Allison-Aasby asked for an explanation of the amendment. Council Member Herman stated there was not any language in the amendment that required 40 feet;it was to allow the Council to look at the project in phases. He explained he would like to hear from more citizens and give them time to hear about the project prior to making a decision on the multiple phases. Council Member Allison-Aasby questioned when the letter was mailed to the property owners. Mr. Rabe stated last week. Council Member Allison-Aasby questioned if that left the property owners only a week to respond. Mr. Rabe stated by the time it was delivered from the post office it likely left the property owners a few days to respond. 12 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Palmeri stated in addition to cost savings, narrowing the street may cause traffic to slow down, which may be seen as a benefit to some residents. Mr. Gohde stated the bicycle and pedestrian committee had sent a notice out to the neighboring properties in July. Council Member Panske stated she had the understanding that City staff wanted a decision regarding the whole project to be able to begin planning and design in addition to factoring the cost into the CIP and budget. She questioned what the implications would be if Council divided the project into phases. Mr. Rabe questioned if she was asking what the implications would be if they decided on Stn Avenue to 161h Avenue now and divided the remainder of the project for a later decision. Council Member Panske questioned if there would be a cost savings or if it would help City staff with planning if Council decided on the entirety of the project at 44 feet. Mr. Rabe stated it would streamline the process and give City staff more time to design if there was a decision on the entire project. He explained if Council only decided on the 81h Avenue to 161h Avenue portion of the project, the process would need to begin for the second phase much earlier next year. Council Member Panske questioned if he anticipated that the cost of the project would increase if it was divided into phases. Mr. Rabe stated he did not understand the question. Council Member Panske questioned if Council only decided on one section now, would it be more expensive to plan and complete the other sections in the future. Mr. Rabe stated not if it was planned earlier in the year. Council Member Panske questioned if it would be easier for City staff if the project was decided as a whole at once. Mr. Rabe stated yes. 13 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Pech stated that while there may be evidence that a narrower street reduces speed, Oshkosh Corporation had large trucks that regularly travelled Oregon Street and would continue to do so for the foreseeable future. He explained he believed the additional 4 feet offered safety and therefore would not support the amendment. Mayor Cummings stated he was concerned with maintaining safety around the school and Council needed to consider the future of Oregon Street. He explained he believed Council should provide direction to City staff on the entire project and safety was the most important factor therefore he would not support the amendment. Council Member Herman explained he would withdraw his amendment as it would not have enough votes to pass. He stated in looking at the addresses on the petition, he believed they had heard from a wide range within the community. Council Member Palmeri drew her second to the motion to amend. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated the follow-up TIF workshop was scheduled for Monday, August 28 at 5:00 p.m. Mr. Rohloff explained stated City staff had received input from Council regarding the agenda and there was still a short period of time left if there were any additional suggestions. Mayor Cummings stated there was a budget workshop scheduled for Tuesday, August 291h at 5:00 p.m. Council Member Pech explained the meeting was open to the public. Mr. Rohloff stated the agenda could be found on the City's website. Mayor Cummings explained there would be an extraordinary service charges for special events workshop on Tuesday, September 121h at 5:00 p.m. 14 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Palmeri stated had shared a document with Council, Mr. Rohloff, Ms. Lorenson, and Ms. Ubrig that related to direction she believed Council had provided City staff. She explained there had been a task group assigned to review the special event extraordinary service charges. She directed Council's attention to the Council meeting minutes from March 141h in addition to several emails that were broader than just the extraordinary charges. She stated she, along with several other Council Members and the Mayor, had requested additional items at the March 141h Council meeting. She explained she understood the task group only reviewed items related to the extraordinary fees while there were other items that Council had asked about such as reviewing the different types of events, alcohol vs. non-alcohol events, comparison of other communities and possible maximum event numbers. She stated she believed it was something that should be addressed by Council, as she was under the impression that the scope of the special event task group would review policy in addition to fees. Mr. Rohloff stated the motion adopted by Council was to refer the resolution of the fee schedule back to City staff. He explained there had been several comments made, however, Council had not incorporated those into any specific direction and City staff focused on fees. He stated if Council would like City staff to review the full special events ordinance, he would need the full Council to provide that direction. He explained City staff addressed the fees and did discuss some of the items Council Member Palmeri had mentioned. He stated the task group had decided reviewing alcohol vs non-alcohol events was not necessary as the events with alcohol tended to have larger crowds and the police department would have staff present. He explained the questions could be addressed at the workshop, however, in terms of special events policy, City staff did not believe they had received direction. He stated he had believed the direction was exclusive to special event fees and apologized if he had misunderstood. Council Member Herman stated it was his understanding that City staff was going to review other communities' policies that included itemized charges for special event holders to review for their potential budgets. He explained the document Kathy Snell, Special Events Coordinator, had provided addressed a number of the questions, however, he believed there were gaps. He stated it would be an appropriate discussion for the workshop and may result in further action. Mr. Rohloff explained he believed there was time to address any gaps and the goal was to adopt a resolution to allow for events taking place in 2018 to plan. 15 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Palmeri stated Mr. Rohloff had affirmed that minutes would be provided from the working group's meetings and from the information Council had received, they were unaware of who took part in the task group. She explained Ray Maurer, Director of Parks,had communicated that the only thing that would be provided was the document Council had been sent, and she believed that was not adequate. She stated she believed Council should be provided the names of the attendees and minutes from the meetings. Mr. Rohloff explained he believed Council had been provided the names of the members of the working group. Mayor Cummings stated they had. Council Member Allison-Aasby stated she did not remember. Mr. Rohloff explained the members' names had been provided several months ago. Council Member Herman stated he understood membership to the working group had been limited and questioned how Council would provide information to the entire group of special events stakeholders. He explained he believed there needed to be further discussion with the stakeholders prior to Council approving the fee schedule, and it would be beneficial to have a comprehensive document that Council, special events holders and the community would be able to refer to for planning and questions. Mr. Rohloff stated he agreed and would encourage interested stakeholders and members of the community to attend the workshop. He explained the resolution would not be adopted at the workshop, and final decisions may not take place until after Council had an opportunity to review the final resolution. He explained City staff would invite the stakeholders to attend the workshop, although it would not be an opportunity for the public to speak, as it was not a public hearing. Council Member Herman questioned if the change to the fee structure would be a change in ordinance or a resolution. He stated he believed there would be an opportunity for the public to speak when the item officially went to Council for approval. Mr. Rohloff stated it would be a resolution; the special events policy ordinance had been designed so it would not have to be updated every time the fees were updated. 16 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Herman questioned if Council wished to make a change to the policy itself, if it would need to go through the normal path of an ordinance change. Mr. Rohloff stated yes. Mayor Cummings questioned how City staff would prefer to be informed of items that Council wished to discuss at the workshop. Mr. Rohloff requested that Council provide that information no later than Tuesday, September 51h to allow Ms. Snell time to prepare for the workshop on September 12th. He explained because the group had not been an official committee, minutes had not been taken, however he had indicated if City staff took notes they would be provided to Council. He apologized for any communication and stated Ms. Snell had sent out everything City staff had in regards to documentation. Council Member Pech questioned if there was a tentative schedule of fees based on the results of the working group, and if not, when would it be available. He explained he believed the fees were to have been reviewed separately from the special events policy. He stated it was important to have a fee schedule in place before the City passed the 2018 budget as they would have a distinct impact. Mr. Rohloff explained the workshop would explain the philosophical approach to the fees. He stated they would change every year based on cost and City staff may not have the exact numbers prepared for the workshop on September 12th, although they would be based on assumptions for next year's budget. He explained City staff would be able to provide estimates that should be close to the end result. Council Member Panske questioned if there would be an agenda prepared for the workshop. Mr. Rohloff stated yes. Council Member Panske stated she would like to research a possible 'look back clause' for reimbursement of charges for extraordinary services that were not utilized. Mr. Rohloff questioned if she meant reimbursement for the City overcharging for an event. 17 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Panske stated yes; she would like to explore a mechanism to protect the City and the special event holders. Council Member Allison-Aasby stated there seemed to be a miscommunication between Council feeling as though they had provided direction and City staff believing they had not received direction. She explained she believed the workshops were important and recognized the amount of work City staff did in preparation, however, she believed they did not leave enough time for Council discussion. She recommended for Council to address special events policy items during the Council discussion, direction to city manager and future agenda items portion of the September 121h Council meeting, with a specific timeframe in which Council would like the policy completed. She stated that would provide clear direction and eliminate confusion. Council Member Herman stated if Council planned to change policy that may have a budget impact it would need to happen as soon as possible. CITIZEN STATEMENTS TO COUNCIL Wendy Drexler Baier, 136 Brockway Avenue, stated she had been informed that the Oshkosh Farmers Market would be moving elsewhere. She questioned if that was true. Council Member Herman stated it was not a City event and was organized by a separate group. Ms. Drexler Baier stated she was sorry, she had not understood that. Council Member Herman stated if they chose to move the event it was completely their decision. Ms. Drexler Baier questioned if the City had anything to do with the event. Council Member Herman stated no, that it was run by Oshkosh Farmers Market LLC and their office was located on Main Street next to the Roxy. 18 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Panske stated free City bus rides would be offered on Friday, September 1st Mayor Cummings explained the bridge lighting celebration would take place on Thursday, August 31st between 6:00 p.m. and 9:00 p.m. at the Fox River Brewing Company. CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff reminded Council of the Imagine Oshkosh workshop and presentation was scheduled for Wednesday, September 6th at 6:00 p.m. at the Oshkosh Convention Center. He explained the Council chambers changes that Council had provided direction on would be implemented at the September 12th Council meeting. He stated they would attempt use of the kiosk, although a paper back up would be on hand if necessary. Council Member Palmeri questioned if there would be a practice session with the technology prior to that date. Mr. Rohloff stated there would be a practice run on September 11th. He explained there was a memo regarding the arena update included in the Council packet for review. 19 PROCEEDINGS OF THE COMMON COUNCIL—AUGUST 22, 2017 Council Member Allison-Aasby stated she would not participate in the closed session following the Council meeting to avoid any perceived conflict of interest. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS POSSIBLE AMENDMENTS TO THE TIF DEVELOPMENT AGREEMENT WITH FOX VALLEY BASKETBALL, INC. FOR THE ARENA PROJECT WHERE COMPETITIVE BARGAINING REASONS REQUIRED A CLOSED SESSION (Herman; second, Pech). CARRIED: Ayes (6) Pech, Palmeri, Herman, Panske, Krause, Mayor Cummings Present (1) Allison-Aasby MOTION: ADJOURN (Panske; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:24 p.m. PAMELA R. UBRIG CITY CLERK 20 21