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HomeMy WebLinkAbout03. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN NOVEMBER 28, 2017 REGULAR MEETING held Tuesday, November 28, 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;Angela Joeckel, Deputy City Clerk;Lynn Lorenson, City Attorney; and Trena Larson, Finance Director Council Member Pech read the Invocation. The Pledge of Allegiance was led by Elizabeth Brechlin & Mady Clark from Valley Christian School. INTRODUCTION OF CITY STAFF Jim Collins, Director of Transportation, introduced Korbin Figg, Transit Operations Manager for GO Transit. PUBLIC HEARING Ordinance 17-589 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Generally Located at 1610 Oshkosh Avenue to 1746 Oshkosh Avenue from Residential to Commercial FIRST READING; LAID OVER UNDER THE RULES 1 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 CITIZEN STATEMENTS Deb Martin, 164 Wyldewood Drive, stated she was in attendance with a group of concerned citizens who had learned that there were students in the K-12 system who missed school on occasion because they did not have money for the bus. She explained her group, called ESTHER, had discussed the concern with students at Oshkosh North and West High Schools, as well as the school board. She stated they would like to explore solutions to ensure transportation was not a barrier for any K-12 student to attend school. She explained middle and high school students were most at risk. She stated she had read in the paper that the Council had approved $8.9 million to assist with the new arena and she believed if the City had money for that, there should be money allocated to help transport students to school. She explained they had learned at the school board meeting that there were students who were not able to attend after school programs because they lacked the transportation to get home. She stated a City bus pass would allow the students to use public transportation, similar to UW Oshkosh and Fox Valley Tech students. Loren Rangeloff, 3020 Oregon Street, stated he believed the inspection services department was harassing citizens. He explained they stated they did not take action unless they received a complaint, however, he believed an employee drove around looking for items to address. He stated he had received a fine for not having his dumpster in an enclosure, despite the fact that there were multiple dumpsters throughout the City in the same condition. He explained he believed the City was putting too much stress on small businesses with the high cost of storm water. He stated on one of his parcels, the bill was nearly $3,000 each quarter. He explained the increase in property assessments was also costly, and the City made it difficult to do business in Oshkosh. Council Member Palmeri questioned in regards to the increase in property assessments, if he was referencing commercial or residential properties. Mr. Rangeloff stated both. He explained he understood the City needed to collect money, however,having an increase in multiple items at once was too much of a stressor on small businesses. He stated having a water bill over$1,000 a month when all he had was a sink and a toilet was too much. Council Member Pech questioned if he was referencing his water bill. Mr. Rangeloff explained it was his water bill and storm water bill combined. He stated it was approximately$3,000 each quarter for his 4 or 5 acre property. 2 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Jennifer Considine, 300 Dale Avenue, explained she was a member of ESTHER, which was an interfaith social justice group. She stated she had a conversation with a social worker at Oshkosh North who explained at least every other day, a student approached her and requested money for a bus pass because they could not afford the transit fee. She explained they had surveyed 705 high school students in the community and discovered that 26% had missed at least one day of school this year due to a lack of access to affordable transportation. She stated this was specific to youth who lived within the City limits. She explained the state had a law that did not require the school district to provide transportation to children who lived within the City. She stated elementary school students lived in close enough proximity where walking was not difficult, however, middle & high school students were further spread out and walking became difficult, especially in winter. She explained 127 of the survey respondents indicated they used the City bus and she had engaged in discussions with Jim Collins, Director of Transportation, to discuss how the community could address the concern. She stated the concern spread beyond simply getting to school; high school students often had after school jobs and struggled to find transportation to work. She explained they were proposing a revenue agreement between GO Transit and the school district. She stated it had been estimated that the agreement would be for approximately $50,000, however further negotiations would need to take place. She explained there were existing revenue agreements with UW Oshkosh and Fox Valley Technical College, where students, staff and faculty were able to ride the bus at no cost. She stated several other municipalities including Green Bay and Appleton have similar arrangements. She explained the Urban Institute had released a study in 2017 talking about how such arrangements benefit the students and their families as well as the community through less traffic congestion and less issues with truancy which put less pressure on juvenile court systems. She encouraged Council and transit advisory board to discuss the concern. Council Member Pech questioned if they had addressed trying to promote carpooling. Ms. Considine explained they had not addressed carpooling as an organization. She stated that while she agreed that carpooling,walking and biking were potential solutions, there were some families in the community that do not have a vehicle or live close to someone else who had a vehicle. She stated she regularly helped with carpooling and understood it was an additional burden on a family to depend on somebody else. She explained they want their kids to have the freedom and ability to take the bus. She stated studies showed when youth took the bus in high school they tended to utilize public transportation throughout their lives, which was good for the transit system as a whole. She explained while she agreed carpooling could be part of the solution, a shared revenue agreement could be another part of the solution. 3 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Palmeri stated she was grateful that the members of ESTHER had brought the concern to Council's attention. She explained she was hopeful that the transit advisory board, school district and Council would discuss the concern. She stated as a parent she understood the difficulty and appreciated their efforts. Council Member Panske questioned how other municipalities monitor if students were using the bus passes to go to school and not skip school to go somewhere else. Ms. Considine stated she had not seen research from other communities looking at that aspect. She explained if students were not using the bus pass to go to school they would be truant which would become evident to social workers. Council Member Panske explained she understood one of the concerns was addressing truancy, and she did not want to encourage it by giving students a free pass. She asked if there was a timeframe in mind. Ms. Considine explained there was a study completed in Los Angeles after they implemented a similar program and truancy decreased by 7%. She stated in terms of timeline, she would like discussions to begin as soon as possible. She explained Green Bay had launched their program at the beginning of the school year, which she felt was an appropriate time. She stated as a short term solution for winter, they were holding fundraisers to provide transportation assistance to students who were struggling. Council Member Panske questioned how the community could help in the meantime until it was formally addressed. Ms. Considine stated ESTHER was collecting funds to be given to the school district in order to meet the short term transportation needs. Council Member Allison-Aasby stated she appreciated the organization bringing the concern to Council. She explained she was a proponent of dealing with poverty, especially when it came to the impact it had on children. She stated the funding from the state for transportation had been significantly cut, and while there was a need for the youth, there was also a need for the disabled and the elderly. She explained she wanted to be clear that it was not that Council did not wish to support the children; they had to address the needs of multiple groups. She stated she was glad it was being discussed and there were areas that needed improvement. 4 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Ms. Considine stated she agreed,which was why she believed it needed to be a joint effort between Council, the school district and perhaps private donors who would like to step forward to help make it happen. Council Member Pech asked what the estimated cost would be. Ms. Considine stated it was approximately$63,000. She explained the school district was already paying between$13,000 and $19,000 to GO Transit. Council Member Herman stated it was a community concern that needed to be addressed, and he requested Mr. Rohloff put the topic before the boards and commissions. He explained there had been a recent study completed, and he believed Mr. Fitzpatrick met with the school board quarterly and could begin discussions. Mr. Rohloff explained he believed the issue would be addressed with the transportation development plan (TDP), and the transit advisory board would discuss the concern. He stated the TDP was being revised and it was an appropriate time to address the concern. Bill Van Lopik, 2518 W. Sunnyview Circle, Appleton, stated he was an organizer with ESTHER, and had conversations with school counselors who believed solving the transportation issue would have significant impact. He explained that recent studies show that children were the highest demographic group to live in poverty in Wisconsin. He stated Green Bay had implemented a similar program as the bus allowed students to get to school, other activities and jobs. He explained utilizing the transit system allowed youth to feel independent. He stated it lessened traffic congestion and was educational, as students who rode the bus needed to check routes and make a plan. He explained a recent University of Illinois study showed investing in affordable public transportation systems improved public health by reducing obesity. He stated he and the group ESTHER believed it was an important topic for Oshkosh to consider. Council Member Pech stated he understood it was important, and explained that the funding for public transportation from the state had dramatically decreased. He explained it was both a local and statewide issue, and asked the organization to help the City work with the state to come to a solution. Mr. Van Lopik explained they had addressed the concern at the state level by giving multiple testimonies at the joint finance committee in spring, advocating for additional transportation funding. 5 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Krause stated although it may be a state issue, it was initiatives like this that helped make a community progressive and attract new families to the area. CONSENT AGENDA Report of Bills by the Finance Director Receipt of Claims filed with the City's Insurance Company: A) Celia Sawicki for alleged damages to vehicle from construction site Resolution 17-559 Appfeve Final Plat known as Thifd Addition to Casey-�s Meadow WITHDRAWN BY STAFF Resolution 17-560 , Gfayeling & Cl.,,EFete Paving / Third Aadifiei , to Casey's Meadow Setih WITHDRAWN BY STAFF Resolution 17-561 AEEeft-& Appfeve Waivef of Sp«ia? Assessment NeifiEe & geaf ro ;n CenneEtk)R withT,,,,-.,,,,t.,,,,,ents � Thifd A dd;tien to Meas WITHDRAWN BY STAFF Resolution 17-562 App T -fir" t � Thifd AdditionCasey's Mea WITHDRAWN BY STAFF Resolution 17-563 , -RErete T tion to Casey's Meadow Settt4-, WITHDRAWN BY STAFF Resolution 17-564 Approve Engineering Services Agreement with Speedy Clean Drain & Sewer for Sanitary & Storm Sewer Main & Lateral Televising ($93,900.00) Resolution 17-565 Approve Special Event - Hmong Service Center, Inc. to hold the Hmong National Memorial Day Festival at Winnebago County Community Park/May 26 & 27, 2018 Resolution 17-566 Approve Special Event-Father Carr's Place 2B to utilize City streets for the Father Carr's Bridge Walk/June 2, 2018 6 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Resolution 17-567 Approve Special Event — Central Wisconsin Auto Collectors to utilize South Park for the Central Wisconsin Auto Collectors Benefit & Car Show/June 24, 2018 Resolution 17-568 Approve Special Event — Sago Walleye Club to utilize Menominee Park for the Sago Walleye Club Tournament Series /June 3, June 24, & July 15, 2018 Resolution 17-569 Approve Special Event—Community for Hope to utilize Menominee Park & City streets for the 5K Walk for Suicide Awareness / September 22, 2018 Resolution 17-570 Approve Appointment to Landmarks Commission Resolution 17-571 Approve Combination "Class "B" License, Agent Change for Combination "Class "A" License, Special Class "B" License, Operator Licenses, Taxi-Cab Driver & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-572 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Located on the South Side of State Highway 91 between Clairville Road & State Highway 44 from Industrial to Commercial (Plan Commission Recommends Approval) MOTION: REFER BACK TO PLAN COMMISSION (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Jacqui Miller, 401 Ranger Street, Mosinee, stated she was present to represent SC Swiderski, and explained they proposed to be the developer of the project, and were also real estate investors, therefore they would own and manage the property. She stated the plan commission had testimony and discussion over several meetings. She explained the 7 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 risk/responsibility for the project would be on the developer, and in the over 20 projects they had developed in the area, they had a 96% occupancy rate. She stated the vacancy rate for multi-family units in Oshkosh had decreased over the last several years, and was presently 3.9%. She explained rent rates had increased over the last 4 years while new units had been added to the market, which were strong signs that there was demand for multi-family units in the community. She stated they were requesting the zoning be changed to commercial; Council would have the opportunity to decide on the development at a later date. She explained rezoning the area to commercial may spur other developments. She stated approving the zoning change would allow the company to do further research and come back to Council with a development proposal. Jason White, 1204 Fairfax Street, stated Greater Oshkosh Economic Development Corporation (GO-EDC) was responsible for administering the restrictive covenants for the business, aviation and industrial parks. He explained they were also responsible for helping the tenants within those parks grow, and seek out new opportunities. He stated in January, their industrial development committee had been asked to review the potential apartment complex development, and had determined there was no reason to oppose the project. He explained in March, the committee had met with the plan commission and discussed the housing market, population growth trends of the community and availability of industrial land. He stated they discussed the potential for the project to attract employees to businesses in the southwest industrial park. He explained based on the information, it had been determined that there was no reason to impede the project. He stated in August, the plan commission held a workshop that was entitled 'neighborhood meeting comp plan use amendment'. He explained based on the generic description, GO-EDC had not been aware that the workshop would involve a discussion of the large area of land inside and in the area of the southwest industrial park or that there would be a proposed comp plan change to commercial mixed use. He explained GO-EDC was in support of the project, maintaining the integrity of the southwest industrial park and keeping options open, particularly with the potential growth the new transload facility may bring. He stated he believed as much acreage to the west of the parcel should be preserved for future industrial use. He explained he did not believe the item was ready for Council approval at this point in time. He recommended Council send the proposal back to the plan commission and allow GO- EDC to bring their concerns back to their industrial development committee for discussion. Gary Eake, 947 Trillium Trail, stated he represented the property owners who were interested in selling the property to SC Swiderski. He explained technically, the Swiderski development was not before Council for approval, however, their interest had triggered the plan commission and City staff to consider if a review of the comprehensive 8 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 plan was in order. He explained it was recommended that the zoning change to commercial mixed use to allow multi-family development after obtaining a conditional use permit. He stated between 2010 and 2016 there were no southwest industrial park land sales. He explained the benefits from a land use and residential housing demand perspective. He stated he did not anticipate noise from the transload facility being a concern. He explained the developers were not seeking TIF funds or other financial incentives. Jason Murphree, 1179 McMahon Drive, Sun Prairie, stated he was present to represent Watco Companies. He explained Watco did not disagree with the development of an apartment complex where it was currently proposed,he stated they were concerned with land to the west. He stated he disagreed with the earlier statement that industrial development in Oshkosh was stagnant; Watco believed Oshkosh was the greatest area of growth along the Wisconsin Southern Railroad system. He explained they presently did approximately 4,000 car loads out of Oshkosh and were projecting double that amount by 2020. He stated there were at least 5 prospective industrial developments interested in the area due to the new transload facility. He explained they were not concerned if the land use were to be changed to the east of the facility. He requested the plan commission reconsider their recommendation. Mayor Cummings stated the resolution was related to the comprehensive land use map change and not the proposed development. Darryn Burich, Planning Services Manager, stated changing the comprehensive land use map would still require considerable work in the future for the property to be rezoned and developed. Council Member Allison-Aasby stated she agreed with comments made by Mr. White and was not prepared to vote on the resolution. Council Member Palmeri asked for an explanation between the difference between commercial and commercial mixed use. Mr. Burich stated the current comprehensive land use map plans only had commercial designation, however, zoning districts had commercial mixed use designations. Council Member Panske asked for an explanation of the timeline of the petitioner's request and City staff's recommendations. 9 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Mr. Burich explained after the petitioner had made their request, City staff looked at the broader area from a land use and zoning perspective. He stated if City staff did not change land use to the west of the proposed development, there was the potential for heavy industrial to exist immediately adjacent to commercial mixed use. Mayor Cummings questioned if Council approved a change to the comprehensive land use map from industrial to commercial, could different developers make proposals for the site. Mr. Burich stated it was possible. He explained the change would allow for other developments aside from heavy industrial to pursue the area. Mayor Cummings stated he believed that discussion about the proposed development may be premature as changing the land use could bring in other possibilities. Mr. Burich stated he agreed. He explained it was up to the City if the property was annexed and what zoning designation it received. Mayor Cummings explained he believed Council should focus on the possibilities with the land use change and not the development. Mr. Burich agreed. Council Member Palmeri asked for an explanation of the difference between heavy and light industrial use. She questioned how moving in this direction did not promote further sprawl and spatial mismatch. She stated she did not believe that City buses currently traveled out that far. Mr. Burich explained light industrial included factory operations, assembly and fabrication. He stated such activities typically happened on the inside of a structure. He explained the City permitted light industrial facilities in the commercial districts because they did not have negative impacts to the neighborhoods. He explained heavy industrial was composed of larger facilities such as Oshkosh Corporation where there was heavy product manufacturing and product storage outdoors. He stated considering the impact of sprawl, and whether or not the residents would be on a bus line, was somewhat premature. He explained changing the land use would prevent a developer from establishing large manufacturing facilities. He stated the points that had been brought up were valid and should be discussed in the future. He explained City staff would continue to do good land use planning by correctly designating potential growth areas. 10 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Palmeri questioned if the City had met the growth targets that were projected. She stated she believed Council had received conflicting information. Mr. Burich stated it depended on which document they were reviewing. He explained growth in the community was relatively low, approximately 1%. He stated determining the reason behind that would require a more detailed housing analysis. Council Member Herman questioned if the land was located in the Town of Nekimi. Mr. Burich stated yes. Council Member Herman questioned what the annexation status was. Mr. Burich stated it was considered a City expansion area and was not considered a protected area. He explained the protected areas were properties within the towns where the City did not exert any kind of land use control. Council Member Allison-Aasby stated she appreciated the interest from companies looking to come to Oshkosh and develop. She explained she believed it was important to not take development in the area lightly; she believed in the past there had been a lack of vision and planning. She stated she understood and appreciated the time and effort City staff had put into the topic, however, Council had recently had several major topics to review and needed additional time to arrive at the correct decision. She explained she believed it should be referred back to the plan commission for further review/discussion. Mr. Burich requested Council provide City staff with guidance related to what additional information they would like to see if the topic was referred back to plan commission. Mayor Cummings stated he was aware that residential growth was flat in the City, while growth was occurring in the towns, such as Town of Algoma,just outside the City. Council Member Herman stated he believed it was important that GO-EDC, the City's transportation department and Watco remain part of the discussion. He explained the transload facility was new to the City and planning for the area around the site needed to be completed thoughtfully. 11 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Ordinance 17-573 Amend Chapter 16 Housing Code of the Municipal Code to Create Section 16-33(A)(10) Pertaining to Carbon Monoxide Detectors & Section 16-46(B) Pertaining to Carbon Monoxide Detectors Penalties MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Ordinance 17-574 Repeal & Recreate Portions of Chapter 13 Fire Prevention to Adopt Updated Provisions of The International Fire Code (IFC) & Pertaining to the Forfeiture for Smoke Detector / Carbon Monoxide Detector Violations MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Ordinance 17-575 Approve Zone Change from I Institutional District to I-PD Institutional District with Planned Development Overlay; 425 Lake Shore Drive — Water Filtration Plant (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Ordinance 17-576 Designate Bike Lanes on Both Sides of Wisconsin Street from the Riverwalk Sidewalk Connections on the North end of the Bridge to Irving Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-577 Med fking Regulations on 91' Aventie WITHDRAWN BY STAFF 12 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Ordinance 17-578 Modify Parking Regulations on New York Avenue (Staff Recommends Waiving the Rules &Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Panske) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Ordinance 17-579 Establish Street Grades /Third Addition to Casey's Meadow South FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-580 Authorize Public Construction/Third Addition to Casey's Meadow South FIRST READING; LAID OVER UNDER THE RULES Resolution 17-581 Approve General Development Plan for the Planned Development of a Water Filtration Plant & Clear Wells at 425 Lake Shore Drive (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Resolution 17-582 Approve Special Event — Christine Ann Domestic Abuse Services Inc. to utilize Menominee Park & City streets for the Race for the Light Walk- Run/December 2, 2017 MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Present (1) Pech Council Member Pech stated he would excuse himself from consideration of the resolution due to his affiliation with the event. 13 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Resolution 17-583 Approve Secondhand Dealer License for Fabulous Finds MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Pech, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Present (1) Palmeri Council Member Palmeri stated she would vote present on the resolution as she had a business relationship with the applicant. Resolution 17-584 Receive & File a Petition for Direct Legislation to Reduce the Forfeiture for Possession of Marijuana to $25 MOTION: ADOPT (Herman; second, Allison-Aasby) MOTION: AMEND TO INCLUDE DIRECTION TO CITY STAFF TO PREPARE QUESTION FOR REFERENDUM (Panske; second, Krause) MOTION WITHDRAWN VOTE ON ORIGINAL MOTION TO ADOPT CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Brian Hamill, 210 N. Main Street, stated he represented the petitioner, who had previously filed a petition that included inefficiencies with signatures. He explained the City Attorney had prepared a brief at that time that explained she did not feel it was not appropriate to repeal/amend an existing ordinance and therefore believed the petition failed for legal reasons. He stated the petition with over 3,500 signatures of local citizens had been denied. He explained a new petition had been started and had been changed to not repeal/amend the existing ordinance; it was changed to add to the City ordinance. He stated they had gathered over 3,600 signatures from the residents of Oshkosh and the requirements for those signatures had been met. He explained earlier in the day, he had seen a memo from the City Attorney addressing the legality of the petition and direct legislation. He stated the petition was requesting Council to allow for direct citizen legislation, which came with restrictions, however, he explained he disagreed with the memo. He explained he believed the factors involved were different from what was stated in the memo. He stated he understood when Council received a memo from the City Attorney they would believe it to be a correct representation of the law. He explained there was disagreement related to the law and different ways the law could be interpreted. He stated the memo explained the petition attempted to repeal/amend an 14 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 ordinance while he believed it would be an addition to the existing ordinance. He explained case law in Wisconsin stated this type of action could not compel a Council to repeal an existing ordinance, or compel a Council to pass a new ordinance. He stated the petition did not make an amendment to the existing ordinance and would not require Council to make any changes to the ordinance. He explained it set a fine for the possession of marijuana to a significantly lower amount than previously set. He stated it did not matter how each Council Member felt personally about the subject; the petition was a reflection of the opinion of the citizens. He explained direct legislation existed to allow citizens to have a voice and put forth change. He stated they had collected the signatures and now were faced with short deadlines. He explained he would like to answer any legal questions. Council Member Pech stated he understood that law could be interpreted various ways. He questioned if there was a disagreement about the interpretation of the law, why it would be assumed that Mr. Hamill was correct. Mr. Hamill explained it was common in the legal field for laws to be interpreted differently. Council Member Pech questioned if Mr. Hamill was stating Ms. Lorenson misread the statutes while he read them correctly. Mr. Hamill stated yes. Council Member Pech questioned if Mr. Hamill was asserting that the petition did not change anything, how the fine could change to $25. Mr. Hamill stated it was a new ordinance that would not require Council to change anything. He explained Wisconsin case law stated that as long as Council was not required or compelled to change an ordinance, this type of direct legislation could pass. Council Member Pech questioned if marijuana was still criminalized in Wisconsin. Mr. Hamill stated in some places it was. Council Member Pech asked Mr. Hamill to clarify. Mr. Hamill explained there were some municipalities that had changed their ordinances. Council Member Pech questioned if possession of marijuana was a criminal offense in Wisconsin. 15 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Mr. Hamill stated not always;it depended on the amount and the community the incident occurred in. Council Member Pech questioned if marijuana was legal. Mr. Hamill stated no. He explained he was not an expert on the marijuana laws of Wisconsin. Council Member Pech stated if he was not claiming to be an expert, what he was presenting was his opinion that his reading of the state statutes trumps Ms. Lorenson's reading. Mr. Hamill stated individuals can misread statutes, or they can be interpreted differently. He explained he was not stating that he was more educated than Ms. Lorenson. Council Member Pech explained Mr. Hamill had stated he was not an expert in marijuana law. He stated he was also not an expert in the reading of the state statutes. Mr. Hamill stated he was not an expert, although the state statute had nothing to do with marijuana, it was related to direct legislation. He explained he believed Ms. Lorenson interpreted the law incorrectly in her memo. He stated in the case law it was described as compelling Council to make a change, and in her memo it was stated 'amends' or 'changes'. He explained he believed the intent of the law was to prevent Council from being required to amend an ordinance. Council Member Palmeri stated Council had been provided informational packets from Mark Kelderman. She questioned if Mr. Hamill was representing the petitioners. Mr. Hamill stated he was representing Mark Kelderman and the additional petitioners. Council Member Palmeri questioned why Council would receive information directly from Mr. Kelderman if Mr. Hamill was their representative. Mr. Hamill stated the depth of his representation of Mr. Kelderman was between himself and Mr. Kelderman. Council Member Palmeri stated information that Council had received was that the City of Oshkosh already had an ordinance regulating marijuana possession that was non- criminal in nature. She requested an explanation of what that existing ordinance was, as 16 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 she believed what Mr. Hamill and the petitioners were asking for was already an option that could be used by law enforcement. Ms. Lorenson questioned if she should answer Council Member Palmeri s question now or when it came back to Council for discussion. Council Member Palmeri stated when it was time for Council discussion. Mayor Cummings stated the resolution was to receive and file the petition. He explained he did not believe there needed to be further action beyond that. He stated Council was not present to engage in a legal debate. Connor Douglas Metz, 720 Cherry Street, #16, stated he lived in the area near the University and was certain anyone who lived within City limits was aware that every weekend hundreds of individuals participated in heavy consumption of alcohol. He explained each week brought new reports of violence, break-ins, burglaries and sexual assaults. He stated there were concerns that in these same neighborhoods where this type of activity was happening, people who were consuming a plant (cannabis) could have their doors kicked in and be treated as felons, lose the right to vote and potentially face prison time. He explained the petitions would continue until Council recognized the need to decriminalize marijuana in Oshkosh. Sandra Lynn Handel, 323 W. 81h Avenue, stated she had helped petition both last year and this year to reduce the fine for first time possession of cannabis. She explained during her time petitioning she had several conversations with Oshkosh residents, the vast majority of whom supported the petition. She stated while many were eager to sign, some individuals were hesitant due to the fear of repercussion. She explained many individuals had said they would feel more comfortable voting privately than putting their name on a public document. She stated she had a conversation with a recovering heroin addict who explained how difficult it was to get into treatment as the facilities were inundated with individuals who were court ordered to seek treatment for cannabis. She explained she believed lifesaving treatments were being taken away from true addicts and resources spent on individuals who had been charged with cannabis possession. She stated decriminalizing cannabis would save the criminal justice system money and resources, which could be used to fight more serious crime such as the heroin epidemic, violent crimes and break-ins. She explained she understood there were individuals who believed lowering the fine would encourage cannabis use among the youth. She stated according to a study by the American Pediatric Association, the rates of youth who smoked marijuana did not change after their cities or states enacted decriminalization laws. She explained an individual who received a $350 possession 17 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 ticket had to choose between paying rent, buying groceries or paying the fine. She stated people charged with a second offense became felons, making it harder to find employment, applying for student loans and getting out of the economic hole that would follow them for a lifetime. She explained she believed there was an emerging public, political and scientific consensus that otherwise law-abiding individuals should not be at risk for unemployment, homelessness or arrest simply for using/possessing cannabis. She urged Council to support the petition. Council Member Pech questioned what the cost of marijuana was. Ms. Handel stated it could vary depending on the amount, and cost as low as $20. She explained there was not a large financial investment in smoking marijuana. Council Member Pech questioned if there should be $150 fine for jay-walking. Ms. Handel stated she did not know. Mayor Cummings stated a simple financial solution would be to not use marijuana. He explained everyone was faced with choices, and there were consequences to the wrong choice. Cindy Lou Kerwin, 130 Stoney Beach Road, stated she had supported the petition for medical reasons. She explained her partner had lung cancer and she was frustrated that he did not have access to medical marijuana in Wisconsin. She stated she had several other family members who battled cancer and she believed they should be able to utilize marijuana for health reasons without facing criminal charges. She explained there were multiple benefits that the community could utilize including medicine, clothing and concrete from cannabis. Mark Kelderman, W2457 Lomira Drive, Brownsville, stated he was a spokesperson and an organizer for the petition. He explained they had been pleased to meet the signature requirement and the determination of whether or not it was an appropriate subject for direct legislation had yet to be determined by a court of law. He stated he was frustrated to hear the negative things that had been said about marijuana users. He explained there was a range of people from hospice nurses, those who worked with addicts and individuals in pain from diseases like cancer who saw the benefits to marijuana use. He stated marijuana was not a gateway drug, teen use did not increase with legalization and opiate use decreased with marijuana legalization. He explained several surrounding states had some form of medical marijuana. He stated 29 states had decided decriminalization was a state's rights issue and in regards to whether or not marijuana 18 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 was legal,it was undecided. He explained the petition for direct legislation was protected by special election law and they were advocating for the large number of people who had signed the petition both this year and last. He requested that Council work with them instead of against them and explore an option that did not need to result in litigation. Council Member Palmeri stated she appreciated the fact that the tone from the petitioners had changed since the last time they had appeared before Council. She asked for an explanation of the signature total regarding revisions. Ms. Lorenson explained the total had been revised to reflect corrections that had been submitted and the sufficient amount of signatures therefore had been reached. Shawn Kelderman, W2457 Lomira Drive, Brownsville, stated a number of individuals had worked hard to obtain the required amount of signatures. She explained the stories that were shared while petitioning were heartbreaking, and included people seeking help from Parkinson's and epilepsy. She stated she understood it was illegal in Wisconsin, and that the petition was not asking to make it legal, only to make the fine more representative of the actual crime. She read a statement from Aaron Wojciechowski, 720 Cherry Street, Apartment C, who had registered to speak and was not able to attend the meeting. He expressed his support for legalizing and decriminalizing marijuana, and believed this was a step in the right direction. He stated reform discussion was taking place throughout the government and Oshkosh had an opportunity to be a leader. He encouraged Council to accept the petition and reduce the fine. Dean Smith, Chief of Police, explained there was an existing ordinance related to marijuana possession, which was what was enforced. He stated in 2016 the Oshkosh Police Department (OPD) wrote approximately 122 ordinance violations for possession of THC, and 127 violations in 2017. He explained a portion of those individuals had been referred for criminal charges. He stated that the issue that concerned him was the potential for distribution of narcotics. He explained the OPD was actively pursuing drug dealers within the community. He stated there were a number of crimes that were linked to drug trafficking, including robbery. He explained he believed the issue should be settled by the state or federal government. Council Member Allison-Aasby asked for an explanation of how the petition came to the Oshkosh if the organizers lived outside of the City. Mr. Kelderman responded that nearly all of those who distributed the petition were from Oshkosh. 19 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Allison-Aasby stated she understood that, and questioned why it took someone from out of the area to start the process. Mr. Kelderman stated he had been contacted by a resident of Oshkosh who had a young child and was not able to dedicate as much time to organizing the effort. Mayor Cummings stated his wife had been an alcohol and drug counselor at a local hospital for 30 years. He explained when she began working 30 years ago, the majority of the cases were alcohol abuse, and now drug use was predominant. He stated the marijuana that was available now was different than what was available in the past and could lead to schizophrenia and other issues. He explained it was illegal, and he did not empathize with individuals who complained they could not pay rent due to the fine, as they were knowingly taking part in an illegal activity. He stated the City followed the law of the state, and if individuals wanted the law changed, they should work with state representatives. Council Member Pech stated he did appreciate the work that the petitioners had put in to get signatures. He explained he understood there were approximately 3,700 valid signatures and could see how other individuals would support the petition although not sign due to fear of repercussions. He questioned what the total number of voters was that was used to determine the number of required signatures. Ms. Lorenson stated she did not have that total; 3,643 signatures was the 15% that was required. Council Member Pech stated it was a fair amount of signatures, however, there were a number of people in the City who did not sign. He questioned what the implications would be if the topic went to referendum, as he understood that even it if passed, the referendum could not replace a current ordinance. Ms. Lorenson stated direct legislation could not repeal an existing ordinance and there was an existing ordinance for first offense possession of marijuana that included a set forfeiture amount. She explained it could go to an advisory referendum, and the Council would then determine whether or not to take action, as it was a policy decision for the Council to make. She stated direct legislation was appropriate when a legislative body refuses to act; once Council acted in an area the proper way to change it was through an amendment by Council as they control the ordinance. Council Member Pech questioned what the forfeiture for an open intoxicant was. Chief Smith stated he was not certain of the exact amount. 20 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Ms. Lorenson stated most of the of the City's forfeitures were$75 plus cost, and averaged $232. Council Member Pech requested Ms. Lorenson to review what the forfeiture was for open intoxicants, and bring the information back to Council. He explained at that time he may consider changing the forfeiture amount for the possession of marijuana similar to that for an open intoxicant. Council Member Panske questioned if Council Member Pech was aware that alcohol was legal. Mayor Cummings reminded Council Member Panske to wait until she was called on to speak. Council Member Pech stated he understood that. He explained in a gesture of trying to work as a partnership with the community he would be willing to explore that option. He stated to Council Member Panske's point, alcohol was legal while marijuana was not. He explained it would be difficult to justify making the forfeiture for something that was illegal to possess less than the forfeiture for something that was legal to possess, just not as an open intoxicant. Council Member Palmeri stated what was on the agenda for the evening was a resolution to receive and file the petition. She recommended having the topic placed for further discussion at a future meeting and proceeding with the receipt and filing of the petition. Council Member Panske stated it must be recognized that 3,778 individuals who lived within the City signed the petition. She explained it bothered her that Council was not listening to the people. She stated it did not matter if what Council's personal beliefs were; it was not their place to look down on individuals for the choices that they made in their private lives. She explained that was law enforcement's place; Council's role was to recognize the large number of people who wanted to make a change. She stated the least Council could do was listen, regardless of their own personal beliefs. She explained on the state and federal level, the view on recreational and medicinal use of cannabis was changing. She stated there was a number of professional and respected individuals who used cannabis, including elected officials, doctors, teachers, parents and students. She explained there were people in treatment, in recovery and fighting cancer that utilized cannabis for its medicinal benefits. She stated the opinion on the topic was changing, and the City was behind; that the residents were requesting Council to recognize the need to progress. She shared her personal story about marijuana. 21 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Mayor Cummings stated that she broke the law. Council Member Panske stated the extent of the punishment was excessive. She explained individuals could go to the bar and consume alcohol without repercussion. She stated there were other individuals in the City, who shared a different viewpoint, and believed this was a problem. She explained she believed it could be addressed. She stated it should be put on the ballot to give them a voice. She recommended individuals who had concerns about marijuana use do research and talk to people. Council Member Palmeri requested that Council address what was listed on the agenda, which was to receive and file the petition. She stated Council had received the packet of information from the petitioners shortly before the meeting, and if they wished to take it beyond what was currently listed on the agenda, it should be discussed at a future Council meeting. Council Member Pech stated while he agreed with Council Member Palmeri he would like to respond. He explained he believed the Council did listen to people. He stated they had listened to the citizen statements and had asked questions. He explained there were other individuals in the community that they listened to and he had educated himself. He stated he was open to exploring alternatives. He requested Council return to considering resolution 17-584. Council Member Allison-Aasby explained she echoed Council Member Palmeri s statement. She stated there was a $74 million operating budget and an$11.4 million CIP budget to consider. She explained she did not believe tonight was an appropriate time to share personal stories. Council Member Allison-Aasby asked for an explanation of what would happen if Council approved the amendment, giving direction to City staff. Ms. Lorenson stated if the vote passed, City staff would be directed to prepare an advisory referendum question for the spring ballot. Council Member Palmeri stated she would not support the amendment. She explained she would support direction to City staff to place the topic on a future Council agenda. Council Member Krause asked what the deadline would be to get the topic onto the ballot. Mr. Rohloff stated he wasn't certain, although he believed there would be time to do so. 22 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Mayor Cummings clarified that 'advisory' meant that Council would not have to take action, regardless of the results of the vote. Ms. Lorenson stated there were other options. She explained she and the Chief of Police had researched the forfeiture for possession of marijuana in other municipalities when the topic had come up last year. She stated City staff could provide the information to Council, and a Council Member could sponsor an ordinance. She explained there were a number of different options for Council to take. Council Member Panske questioned if a specific Council meeting would be selected to discuss the topic, as they were approaching the end of the year. Council Member Palmeri stated she had been thinking after the first of the year, as there was only one Council meeting left in the calendar year. She explained her suggestion was out of courtesy, as nobody had been prepared to have the detailed discussion. Ms. Lorenson the City Clerk had sent a message that indicated Council had until mid- January to adopt the wording for an advisory referendum. Resolution 17-585 Adopt 2018 City Budget MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Pech stated this was the biggest item the City considered every year. He explained it was disheartening to see that there were no citizens signed up to speak on the item, despite the fact that Council would likely receive significant feedback after it was adopted. He stated he understood people had busy schedules, although there were several workshops and opportunities for citizens to provide input. He explained it was important for citizens to participate in local government and provide Council direction. Council Member Herman explained there had been 6 workshops and City staff continued to improve on providing information related to the budget. He stated he understood citizens' concerns, and realized various items such as water bills and the tax rate would increase. He explained he had always advocated for the safety of citizens,which required police & fire personnel, ambulances and City services. He complimented City staff on the extra work that had been put in with items such as the arena, Lakeshore Golf Course and the budget. He stated although the tax rate would increase, he believed Council and 23 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 City staff had done their due diligence. He explained it was necessary to make difficult decisions in order to move the City forward. Mayor Cummings stated it was his 81h budget experience and the process continued to improve. He explained he appreciated that the budget process incorporated more than just numbers; City staff worked towards goals. He stated the City was different from a regular business in that when times became tight, they were not able to make significant cuts. He explained the City was a service business, and police, fire and other services were necessary. He stated they attended various conferences, and Oshkosh was noted as being a City of remarkable change. He explained through collaboration they had worked to move the City forward and the level of service continued to increase. Council Member Palmeri stated she believed the budget was the most important item that a Council Member participated in. She explained she was impressed with the presentation of the budget material and encouraged City residents to get involved. She stated she appreciated the ties to the strategic plan. She explained she looked forward to even greater improvements with the new automation and software. Council Member Herman questioned if Council would need to approve the amendments that had been previously discussed, or if they were already part of the City budget. Mr. Rohloff explained the adjustments were listed within the resolution under exhibit A. He stated that was true for the CIP as well. Resolution 17-586 Approve 2017 Tax Levy MOTION: ADOPT (Pech; second, Krause) MOTION: RECONSIDER (Pech; second, Palmeri) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings MOTION: APPROVE AMENDMENTS NOTED IN RESOLUTION (Pech; second, Cummings) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings VOTE ON RESOLUTION AS AMENDED: CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings 24 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Herman asked for an explanation of the levy increase. Ms. Larson stated the adopted levy would be $37,861,700. She explained that would equate to a 4.31%increase over the prior year, and a mill rate of$10.55. She stated overall, that would result in an increase of$1,564,000 over the prior year. Council Member Herman questioned if that meant an average $100,000 home would see approximately an$18 - $20 increase. Ms. Larson stated when all of the taxing entities were brought together, including the City,homeowners would see a decrease in their tax bill this year, assuming their property values were consistent. Resolution 17-587 Adopt 2017 Tax Rates MOTION: ADOPT (Herman; second, Pech) MOTION: APPROVE AMENDMENTS NOTED IN RESOLUTION (Pech; second, Herman) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Mr. Rohloff explained there was a revised resolution that reflected what was included in exhibit A in the budget. He stated the City tax rate was 10.558, which was an increase of .214, and the overall rate of 25.074 after the state credit. He explained City staff recommended Council adopt the revised resolution. Council Member Herman stated there was a revised resolution that resulted in a change to the tax rate due additions and reductions previously agreed upon by Council during budget workshops. Resolution 17-588 Approve 2018 Capital Improvement Program MOTION: ADOPT (Pech; second, Herman) 25 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 MOTION: AMEND TO REMOVE $322,000 OUT OF REVOLVING LOAN FUND & INCREASE THE GENERAL OBLIGATION BORROWING BY $322,000 (Pech; second, Herman) MOTION WITHDRAWN, SECOND WITHDRAWN MOTION: AMEND TO REDUCE REVOLVING LOAN FUND AMOUNT BY $422,000 AND INCREASE GENERAL OBLIGATION BORROWING BY $422,000 (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Pech stated they had seen significant impact with the revolving loan fund; it needed to be kept strong, especially considering the new Oshkosh Corporation project and developments that would follow. He explained the City would need as many tools to utilize as possible. Council Member Palmeri stated she would support the amendment as she believed Council needed to continue to support the entrepreneurial part of economic development and increasing the revolving loan fund demonstrated their commitment. Council Member Allison-Aasby stated she had a conversation with Ms. Larson regarding a need for an improved rescue boat for the fire department and a training facility that had been discussed for a number of years. She explained although she understood the fire department currently utilized a training facility at the technical college in Appleton, a number of fire fighters were beginning to retire which would bring several new hires to Oshkosh, who would require training. She stated there were a number of options to explore including grant funds and private partnerships. She explained while it was not the appropriate time to include the item in the 2018 CIP budget, it was something to keep top of mind should projects come in under budget, and that the public should be aware of the need. Council Member Herman stated he would like to explore the option of working with the county to have fire fighters trained on the county rescue boat located off of Broad Street, as Oshkosh fire fighters could response faster than the Winnebago County Sheriff's 26 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Department in the event of an emergency call. He explained there was an existing mutual aid agreement with the ice rescue boats and he believed they would be open to a similar agreement. He stated he agreed it was important to consider obtaining a boat and training facility. Council Member Allison-Aasby stated she making sure the City had proper equipment and exploring the potential agreement with Winnebago County would be a good compromise. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS There were no future agenda items to discuss. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained the Oshkosh Fire Department's holiday food and toy drive would begin on December 41h at 5:00 p.m., and travel various routes through December 14th. He stated the dates and locations could be found on the City's website. He encouraged everyone to donate food, toys or cash. Council Member Panske stated she would be travelling to China from November 291h until December 101h. She explained she did not have a phone that worked internationally and therefore would not be able to be reached during that time. CITY MANAGER ANNO UNCEMENT& STATEMENT Mr. Rohloff explained the geotechnical evaluation for 2018 technical improvements would be performed by Professional Service Industries, and similarly, CH2M HILL would be utilized for the Ripple Avenue pressure regulating station design and permitting. He stated KL Engineering would perform traffic impact analysis for the Oshkosh Avenue area related to the Oshkosh Corporation development. He explained Council had been provided the 3rd quarter summary for the strategic plan; 94% of the projects were on track and 18%were completed. He stated that did not reflect the projects that were in progress. 27 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 28, 2017 Council Member Palmeri stated the format was different from what had previously been provided. She asked for an explanation between 'status' and 'percent complete'. Mr. Rohloff stated status referred to how well the City was progressing towards completion. He explained progress referred to items that were complete. He stated there was a more detailed report available that included each individual objective within the goals. Ms. Larson explained 3rd quarter financial statements were tracking with year-end estimates that were proposed in the budget. Mr. Rohloff stated the arena was progressing and the side streets were open. He explained the public museum would hold an open house on December 101h and the public was welcome at no charge. Council Member Palmeri stated the museum had great exhibits and encouraged the public to take advantage of the open house. MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURSIDICTION AND EXERCISES RESPONSIBILITY. (Herman; second, Pech) CARRIED: Ayes (7) Pech, Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings MOTION: ADJOURN (Allison-Aasby; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 9:07 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 28 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN DECEMBER 12, 2017 REGULAR MEETING held Tuesday, December 12, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Lori Palmeri, Deb Allison-Aasby, Steven Herman, Caroline Panske, Jake Krause and Mayor Steve Cummings EXCUSED: Council Member Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Palmeri read the Invocation. The Pledge of Allegiance was led by Aiden Drover, Charlotte Labus & Abby Blackburn from Jefferson Elementary School. PRESENTATION Dean Smith, Chief of Police, explained the Oshkosh Police Department (OPD) had received a reaccreditation award from the Commission on Accreditation of Law Enforcement Agencies, Inc. (CALEA). He stated national, independent assessors had spent three days at the OPD in August and reviewed every aspect of the police department. He explained the OPD was in compliance with all mandatory standards, and 92% of non-mandatory standards. He stated OPD was the only dually accredited law enforcement agency in Wisconsin; there were no other municipalities in Wisconsin that were accredited on both the state and national level. Mayor Cummings congratulated Chief Smith and the staff at the OPD. Council Member Herman stated that was an exciting award. He explained he understood how many complex topics go into the review and what an accomplishment it was to PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 achieve. He stated it should give confidence to the citizens that Oshkosh has one of the top police departments in the state. PUBLIC HEARINGS Ordinance 17-590 Approve Comprehensive Land Use Map Amendment for a Portion of Lake Shore Municipal Golf Course Generally Located North of Oshkosh Avenue & West of Punhoqua Street from Park, Recreation & Open Space to Commercial (Staff Recommends Waiving the Rules &Adopting on First Reading) MOTION: SUSPEND RULES (Palmeri; second, Krause) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Panske questioned the use of the word 'approximately' within the document. She asked if the portion was specifically 35 acres. Darryn Burich, Planning Services Manager, stated 'approximately' had been used due to land use plans were not parcel-specific as zoning plans were. Council Member Panske questioned if more specific information would be coming. Mr. Burich stated the certified survey map and zoning plans would contain more specific information. Council Member Panske questioned when they could expect that information. Mr. Davis stated they were working on the certified survey map and it should be finished by the end of the year. Council Member Herman stated there had been citizen concerns about losing parkland. He asked for an explanation of what would be accomplished by the land use map amendment. 2 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Mr. Burich stated it would change what the land would be able to be used for. He explained it would be followed with a zone change. Mr. Rohloff explained later in the agenda, there was a chart provided to Council that would detail what approvals would be forthcoming. Council Member Palmeri stated she believed the golf course had been approximately 107 acres, and 35 had been accounted for to be utilized by Oshkosh Corporation, and 65 had been set aside for intended parkland use. She questioned what would become of the remaining 7 acres. Mr. Davis stated the surveyor had been hired to survey the entire parcel, as the old legal descriptions did not have exact acreage. He explained there may have been a loss due to right of way that had been acquired over the years, or potential mismeasurement in the 1800's when the deeds were created. He stated City staff would obtain the specific numbers as part of the certified survey maps. CITIZEN STATEMENTS Dan Rylance, 602 E. Parkway Avenue, read a Christmas letter to Council, touching on the year's accomplishments and disappointments. He explained he believed the way some of the speakers were addressed during the Council meetings, specifically when the petition to reduce the fine for possession of marijuana was presented, was disrespectful and insulting. He stated the Council preached civility for the citizens, and he believed they needed to start practicing what they preached. Mark Kelderman, W2457 Lomira Drive, Brownsville, thanked Council for engaging in positive conversation the previous week and the City Clerk and her staff for their work verifying signatures. He explained Council Member Pech had asked about the forfeiture for open intoxicants at the previous Council meeting, and had questioned how the group had arrived at the proposed $25 forfeiture for possession of marijuana. He stated they had arrived at $25 because they did not want the City to lose money on the printing and mailing cost of the ticket. He explained they believed it would lower the fine as much as possible without it becoming a loss for the City. He stated they had researched the forfeiture for an open intoxicant and it ranged between$75 and $500. He explained they were encouraged by events that had taken place since the previous Council meeting and looked forward to working together through the process. 3 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from November 8 & 14, 2017 Receipt of Claims filed with the City's Insurance Company: A) Cindy Dietel for alleged damages to vehicle from K-9 dog Resolution 17-591 Award Bid to Various Vendors for Chemicals for Water Filtration/Wastewater Treatment Plant for 2018 (Various Amounts) Resolution 17-592 Approve Purchase of Self-Contained Breathing Apparatus to Five Alarm Fire & Safety Equipment for Fire Department, Wastewater & Water Division/Authorize Transfer of Funds &Amend 2017 Capital Improvements Program ($521,838.00) Resolution 17-593 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 Resolution 17-594 Approve Partial Refund of Property Taxes / 2401 W. Waukau Avenue /Provident Properties LLC Resolution 17-595 Approve Final Plat known as Third Addition to Casey's Meadow South (Plan Commission Recommends Approval) Resolution 17-596 Approve Initial Resolution / Utilities, Sidewalk, Grading & Graveling & Concrete Paving / Third Addition to Casey's Meadow South Resolution 17-597 Accept & Approve Waiver of Special Assessment Notice & Hearing in Connection with Improvements / Third Addition to Casey's Meadow South Resolution 17-598 Approve Developer's Agreement / Third Addition to Casey's Meadow South/Lots 57 through 76 4 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Resolution 17-599 Approve Final Resolution/Utilities, Sidewalk, Grading& Graveling & Concrete Paving/Third Addition to Casey's Meadow South Resolution 17-600 Release Easement at 1319 Bayshore Drive (Plan Commission Recommends Approval) Resolution 17-601 Accept Storm Sewer Easement at 1601 Bowen Street (Plan Commission Recommends Approval) Resolution 17-602 Authorize the Submission of a Wisconsin Department of Transportation Grant Application for the Transportation Economic Assistance (TEA) Program for the Oshkosh Corporation Expansion & Oshkosh Avenue Corridor Enhancement Project; Accept Funds Resolution 17-603 Authorize the Submission of a Wisconsin Economic Development Corporation Grant Application for the Community Development Investment Grant Program for the Oshkosh Corporation Expansion & Oshkosh Avenue Corridor Enhancement Project; Accept Funds Resolution 17-604 Accept & Release Easements at the Eastern Terminus of East 141h Avenue (Plan Commission Recommends Approval) Resolution 17-605 Approve Spot Blight Designation; Authorize Redevelopment Authority to Acquire 821 Division Street ($19,000.00) (Redevelopment Authority Recommends Approval) Resolution 17-606 Approve Amendment to Engineering Services Agreement with CH2M HILL Engineers, Inc. for Water Filtration Plant Clearwells Replacement Final Design ($149,280.00) Resolution 17-607 Establish Voting Ward 39, District 11 Resolution 17-608 Appoint Democratic & Republican Election Inspectors Resolution 17-609 Approve Special Class "B" License, Operator Licenses & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Krause) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-610 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Generally located at 1610 Oshkosh Avenue to 1746 Oshkosh Avenue from Residential to Commercial MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Council Member Palmeri questioned if the intent was to allow planned development and mixed use to be in the area. Darryn Burich, Planning Services Manager, stated from a land use perspective, they were changing the area from residential to commercial. He explained from a future zoning perspective, a mixed use structure wouldn't be a permitted use, although through planned development modifications it could be achieved. Ordinance 17-611 Designate Bike Lanes on both sides of Wisconsin Street from the Riverwalk Sidewalk Connections on the North end of the Bridge to Irving Avenue MOTION: ADOPT (Panske; second, Krause) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Ordinance 17-612 Establish Street Grades /Third Addition to Casey's Meadow South MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings 6 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Ordinance 17-613 Authorize Public Construction/Third Addition to Casey's Meadow South MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Palmeri, Allison-Aasby, Herman, Panske, Krause, Mayor Cummings Resolution 17-614 Approve Amendment to Development Agreement / TIF 31 / Fox Valley Pro Basketball, Inc. MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (5) Palmeri, Herman, Panske, Krause, Mayor Cummings Present (1) Allison-Aasby Council Member Allison-Aasby stated she would recuse herself from voting due to the relationship she had with Fox Valley Pro Basketball. Council Member Herman asked for an explanation of the changes. Mr. Rohloff stated the changes were related to language in the agreement regarding the City's appropriation of tax increment, which Council did on an annual basis. He explained the bank had concerns that the language was included in the agreement, although the City had the right to appropriate those funds. He stated the City Attorney wanted to ensure that it did not appear that it became a general obligation of the City, therefore language was crafted to clarify that even though the appropriation language would be removed, it would not become a general obligation of the City. He explained whether or not the funds were appropriated, they still were generated from tax increment. Council Member Herman questioned if it also offered protection to Fox Valley Pro Basketball. Mr. Rohloff stated if they sought out loan financing for the balance of the arena project without the amended language, it could devalue their loan, and the City wanted them to be able to maximize it. 7 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Resolution 17-615 Approve Agreement with Greater Oshkosh Economic Development Corporation for Economic Development Services ($98,000.00) MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Pech arrived at 6:36 p.m. Jason White, 1204 Fairfax Street, thanked Council for their support of Greater Oshkosh Economic Development Corporation (GO-EDC) and their assistance in helping to form the organization several years ago. He requested that Council continue to assist with funding. He explained GO-EDC was fulfilling the original intent behind the organization's formation; helping businesses grow in Oshkosh and building relationships with the commercial real estate industry. He thanked Council's support of the revolving loan fund and capital catalyst program. He stated since GO-EDC had begun managing the loan funds, $105,000 had been loaned and the capital catalyst program had distributed $165,000 in loans and $50,000 in grants. He reviewed the accomplishments of several businesses who had benefited from the funds. He presented a video that highlighted the previous year's accomplishments and their future goals. Council Member Pech explained he had been delayed at his office and apologized for arriving late. He stated when several Council Members ran for Council, they had targeted economic development as one of their platforms and had been instrumental in launching GO-EDC. Mayor Cummings stated it was an exciting time in Oshkosh with the arena and the recent selection of Oshkosh for the Oshkosh Corporation's headquarters. He explained other municipalities were watching Oshkosh, and much of the City's success was due to collaboration. He congratulated GO-EDC for their accomplishments. Resolution 17-616 Approve Architectural Design for Construction of Sanitary Lift Station at 1507 N. Eagle Street-Mary Jewell Park (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Krause) CARRIED: Ayes (4) Allison-Aasby, Herman, Pech, Mayor Cummings Noes (3) Palmeri, Panske, Krause 8 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Matt Mugerauer, 2321 Golden Avenue, stated he was concerned as a plan/design had been approved in October, and it was coming back before Council for additional funds due to aesthetics. He explained he believed it to be unnecessary spending. Council Member Herman asked for an explanation of the plan commission's recommendation. Mr. Davis explained the plan commission was concerned as the facility would be located on a visible corridor, at one of the City's gateways to the community/downtown, and they wanted to make sure any public buildings in that corridor were high standard. Council Member Herman questioned if it was a joint project between public works and the parks department. Mr. Davis stated that was his understanding. Council Member Herman stated it was a multi-use station. He explained he understood the pump station would help control flooding and bathrooms would be constructed for Mary Jewell Park. Council Member Palmeri questioned what the approximately 6,000 square feet of pavement south of the building would be for and if it would be impervious surface. Steve Gohde, Assistant Director of Public Works, explained it would be a paved access route and loading area to allow necessary equipment to be transported to and from the shelter. He explained the pumps were heavy and required a hoist truck to transport. Council Member Palmeri questioned if the added grass-block pavers were in addition to the 6,000 square feet of pavement. Mr. Gohde stated typically the pavers would not count towards impervious surface. He stated it would allow vehicles to back in and turn around; it would not be where any maintenance would take place. Mayor Cummings stated one of the goals of the plan commission had been to raise architectural standards on both City and developer lead projects. He explained the facility would be located on a gateway to the City and the discussion amongst the plan commission had been whatever is placed on Oshkosh Avenue needed to be of the highest architectural standard. Council Member Panske questioned how often the pumps would need maintenance. 9 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Mr. Gohde stated the pumps would not be removed frequently, however in terms of access, service technicians would be bringing tools and servicing the equipment on a weekly basis. Council Member Panske questioned if gravel would be sufficient. Mr. Gohde stated gravel was not permitted. Council Member Panske stated she believed she had been one of the few Council Members against the project from the beginning, and she agreed with Mr. Mugerauer. She explained as long as the facility served its purpose as a bathroom and a pump house she believed the original design was suitable, therefore she would not support the changes. Council Member Herman questioned what the life expectancy of the pump station and structure was. Steve Brand, Public Works Utility Manager, explained equipment life was approximately 20 years. He stated City staff performed weekly maintenance checks and pulled the pumps annually to inspect them. He explained pumps were replaced every 5 of 10 years according to a regular maintenance routine. He stated the pavement was necessary to support the heavy equipment utilized to service the station. Council Member Herman questioned how many pump stations were in the area. Mr. Brand stated this station would replace the small pump station located near Punhoqua Street, and the old, problematic sanitary sewer system located underneath the creek would be eliminated. Council Member Herma questioned if the pump station would have future involvement in the development of Oshkosh Corporation's headquarters. Mr. Gohde stated the lift station was not designed to serve the Oshkosh Corporation area. Council Member Herman questioned what it was designed to serve. Mr. Gohde explained it was sanitary sewer designed to serve the area around Eagle Street, east to Sawyer Creek, north to the Fox River. 10 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Council Member Herman questioned where it would be pumped to. Mr. Gohde stated the waste would be pumped towards Oshkosh Avenue, and west towards Westfield Street where the sewer had recently been replaced during the reconstruction. Council Member Palmeri asked for an explanation of the original design versus the new proposed design. Mr. Gohde described the original design with knee high block and timber posts. He explained the new design dropped the roofline by about two feet, 6 additional dormers were added, the block was changed to a stone veneer and increased in height and replaced some of the cement board siding on each end with wood paneling. Council Member Palmeri questioned if the 6 additional dormers served any functional purpose. Mr. Gohde stated one dormer served as ventilation on the original design, and with the lowering of the roofline in the redesign, several ventilation units on the building were able to be removed with the addition of the dormers. He explained they were primarily aesthetic, however, they were able to be utilized to remove the extra ventilation units. Council Member Palmeri stated she noted picnic tables pictured on the rendering and questioned if it was intended that the space could be used or reserved by the public. Mr. Gohde stated it was his understanding that it was not intended to be a reservable shelter; it was intended for use at the ball diamond and a place for people to go in to get out of the sun during the course of an event. Council Member Herman stated the question had come up during the parks board discussion of the shelter. He explained it would not be a rentable shelter; the picnic table area was designed for those using the ball diamond. He stating renting it had raised concern about noise due to the close proximity to neighborhoods. He explained it was also designed to be used by those accessing the trail. Council Member Pech stated while Mr. Mugerauer had a great point, several years ago when the pump station was built near Webster Stanley School, there had been multiple complaints about the aesthetics of the building. He explained the City had a difficult decision as the design standards of the City were being elevated. He stated the Oshkosh Independent had recently published an article about the clear water wells that would be 11 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 constructed, and the additional funds that would go towards making them aesthetically pleasing. He explained although he understood fiscal responsibility, he would be supporting the design change. He stated the area was a gateway to the City and he was therefore comfortable the additional cost. Resolution 17-617 Renew Agreement with Interra Health, Inc. for the Provision of Employee Health Clinic Services at Three Waves Health Clinic & Wellness Center MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Resolution 17-618 Approval of Fee Schedule for Sewer User Charges MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Herman asked for an explanation of the fee increase. Trena Larson, Finance Director, explained one of the main factors was to ensure adequate debt service coverage for existing and proposed debt, which was essential and required as part of bond covenants. She stated additional investment was necessary to maintain reliable and safe infrastructure. She explained the City's infrastructure was stressed, dated and in continual need of replacement. She stated the funding was necessary to remain in strict compliance with state and federal mandates. She explained running the utilities required the City to adhere to strict compliance, codes and permitting and the fees assisted in this aspect. She stated it was imperative that City services remained safe and reliable. Council Member Herman stated he understood it to be an 8% increase, and questioned if that equated to approximately$33 a quarter or if it was an annual increase. Ms. Larson explained the proposal was an 8%increase in the water rate, an 8.5% increase in the sewer rate and a 7.5% increase in the storm sewer rate. She stated a typical, residential property owner would experience a fiscal impact of approximately $19 per year, or an 8.11% increase. 12 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Council Member Pech stated the cash flow analysis that had been performed by Ehlers could be accessed on the City website. He explained they showed the investments that were required to ensure the utilities remained functional and allowed the City to provide the services citizens required, as well as to meet state/federal requirements. He stated there was data to support the need for the increase. Ms. Larson stated that was correct. She explained one of the goals of the cash flow analysis was to ensure the consistency in the City's rates. She stated it was important to maintain manageable rates without large spikes of increases and therefore each year a 10 year analysis was performed, which had been an effective tool in keeping rate increases under double digits. Council Member Pech explained through the cash analysis, the increases had been 'smoothed' and incremental, rather than having a year with no increase and a drastic increase the next. He recommended any citizen that had a question about the rate increase to review the cash analysis documents. Council Member Palmeri asked for an explanation of the allowable percentages of pollutants entering the water system. Mr. Gohde stated the City had met the requirement of a 20% reduction of pollutants that were discharged to storm water. He explained City staff was trying to move forward and reduce pollutants further, knowing that there will be further constraints on the daily allowable amount of released phosphorus in the near future. Resolution 17-619 Establish 2018 Storm Water Utility Rate to $172.04/ERU/year MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Resolution 17-620 Approve 2018 Across the Board Market Increase for Non- Represented Employees MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Pech stated the resolution was a formal authorization of an item already passed in the 2018 budget. 13 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Resolution 17-621 Approve Renewal of Agreement with Town of Algoma Sanitary District No. 1 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Herman stated it appeared the Town of Algoma wanted a 10 year agreement, and City staff recommended a 1 year. He questioned if the Town was agreeable to the 1 year term. Ms. Lorenson stated she had a conversation with the attorney for the Town of Algoma earlier in the day, who indicated they had approved the 10 year extension, and would need to take it back to their board. She explained the Town would recommend approval of the 1 year agreement. Council Member Herman questioned when the other townships would be up for an extension. Mr. Rohloff stated over the next 3 years, and he believed the extension with the Town of Algoma would help serve as the basis for future extensions. Council Member Herman stated some of the agreements had been in existence for a considerable amount of time. He questioned if it was normal to complete sanitary sewer agreements for 40 years with a township. Mr. Rohloff stated they had historically been 10 year agreements, and rates changed on an annual basis. He explained the agreement was the City agreeing to provide the service. Council Member Herman questioned how the pollutants/phosphorus restrictions were impacted with the townships. Mr. Rohloff stated that was part of the reason the City chose a year agreement, to make sure all of those types of concerns were addressed with future restrictions. He stated while the rate may change annually, the formula was locked into the contract term, therefore the City had decided to agree to a 1 year term. 14 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there would be joint workshop with the traffic review board and plan commission to discuss the traffic impact study on January 30, 2018, at a time yet to be determined. Mr. Rohloff explained the traffic impact study was on the Oshkosh Avenue corridor, and it was anticipated that it would be complete by January. He stated City staff wanted to provide it to Council in advance, in addition to the traffic review board and plan commission. He explained it was decided that a joint workshop would be the best means to discuss the study. He suggested 5:30 p.m. as a start time. Council agreed. Mr. Rohloff stated there had been recent discussion about transportation for students, and a meeting was tentatively scheduled with the school board for January 31St, at a time to be determined. He explained he would welcome any topic suggestions in addition to transportation. He suggested 5:30 p.m. as a start time and stated it was the City's turn to host therefore the meeting would take place at City Hall. Mayor Cummings stated it had been discussed that Council should meet with the school board on a quarterly basis. Mr. Rohloff explained it was an item to consider and encouraged Council to send any additional topics to him. Council Member Krause stated although he was not and had never been a user of illegal drugs, he believed it was important to keep up with what was happening at the state and federal levels. He explained cities that had changed their policy included Milwaukee, which had a $50 fine for first time possession of marijuana and a court fee of $74, Madison's forfeiture ranged from nothing to$100 and a court fee of$87,Neenah mirrored Madison; Lacrosse and Wausau each had a $50 fine and $74 court fee. He stated the difference with those cities was they had city court, therefore their court fees were much lower. He explained he believed Oshkosh should be more in line with comparable, progressive cities. Council Member Pech stated he had reached out to the City Attorney and while he had previously suggested comparing the forfeiture of an open intoxicant to that of first time possession of marijuana, he learned the fee for an open intoxicant ranged from $75 to 15 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 $500. He explained the forfeiture for first time possession of marijuana was $325. He stated he understood what Council Member Krause was saying about progressive communities, however, marijuana remained illegal in Wisconsin, despite changing opinion. He explained the change would need to occur at the state level, and once that happened, he would support the topic. He stated he would not agree to lower the fine to $25. He explained he did not support the argument that people could not afford to pay the fine and would forgo paying rent or buying food to do so. He stated youth received tickets for underage drinking, which was illegal, in the range of $125 to $200. He explained he understood attitudes towards marijuana use was changing, however, the law remained the law. He stated he would support direction to the City Attorney to prepare an ordinance to reduce the forfeiture for first time possession of marijuana to $200 plus court costs. He explained doing so would keep it in-line with other illegal behaviors such as open intoxicants and underage drinking. Council Member Krause stated he looked at it as a City issue. He explained local state representatives, such as Representative Gordon Hintz from Oshkosh and Amanda Stuck from Appleton, supported full legalization. He stated that was indicative of the Fox River Valley, which was progressive. He explained he did not believe carrying a small amount of marijuana was not comparable to an OWI,which could kill someone. He stated alcohol was fully recreational and there were varying degrees of opinions related to medical marijuana use. He explained research showed that a number of individuals used marijuana for medicinal purposes, and unfortunately Wisconsin had not legalized medicinal marijuana. He stated the biggest opponent to medical marijuana was the pharmaceutical industry as they were concerned about the impact it would have on their profits. He explained reducing the fine would result in less police resources being used for smaller offenses. He stated he understood it was illegal and would be until the state changed the law. He explained Council Member Pech had proposed lowering the fee to $200 plus court costs, which would total $389. He stated an OWI cost much less while having the potential to do much more damage. He proposed 7 grams or less have a forfeiture of $50 plus court costs, which in Oshkosh would total $200, and over 7 grams up to 28 grams have a forfeiture of $150 plus court costs, totaling $326. He stated this would be related to simple possession for those 18 years of age and older. Council Member Palmeri stated it was her understanding that the next step would be to place the item as a formal ordinance on a future agenda. She explained she agreed with Council Member Krause that the court costs needed to be taken into account. She stated there was already a non-criminal option for law enforcement to utilize. She explained she did not feel it would be appropriate to reduce the fine for minors under the age of 18. She stated she would support forfeiture amounts Council Member Krause had proposed, 16 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 considering that Oshkosh did not have a municipal court, resulting in higher costs beyond the forfeiture amount. Council Member Panske thanked Council Member Krause for the amount of work and research he put into his proposal. She explained the reason the topic was being discussed again was because a group of Oshkosh residents came together to ask Council to change the forfeiture. She stated related to the financial struggle, Council Member Pech had compared it to the forfeiture for underage drinking. She explained most of the people who received underage drinking fines likely lived at home. She stated there were individuals who received the fine for possession that were financially hindered by it. She explained she supported the efforts of Council Member Krause and his recommendation in changing the ordinance. Council Member Herman explained last year Council had given the City Manager a goal of exploring the option of a municipal court, and it had been determined that it would be cost prohibitive. He stated they utilized Winnebago County as a municipal court and were therefore tied to their court fees. He explained the court fees covered a number of different things such as the jail, crime lab and other parts of the court system. He stated the City did not have control over court charges, only the City issued forfeiture amount. He explained as previously indicated by Chief Smith's description of the accreditation process, the Oshkosh Police Department was well trained and did their job accurately. He stated he did not have a comment on the forfeiture, as he had spent over 30 years in law enforcement administering the law. Council Member Krause questioned who received the funds from the forfeiture versus the court fees, and what type of a financial impact lowering the forfeiture would have. Ms. Lorenson stated the City received the forfeiture amount, minus approximately $5 that was a fee the City paid to the court, and the county as well as the state received the court costs. Council Member Pech stated he had a conversation with Chief Smith about the financial impact of reducing the forfeiture. He explained if the forfeiture was reduced there would be a financial impact to the City; if the forfeiture was reduced from $325 to the amounts Council Member Krause had proposed,the impact would be the difference between those charges, multiplied by the number of citations. Chief Smith stated that was correct. 17 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Council Member Pech stated if Council Member Krause was asking if reducing the fine would cause a significant budgetary constraint, he believed it would impact the budget, although not significantly. Council Member Panske stated it would allow the police department to investigate more severe crimes that were detrimental to society, which could lead to the City recouping bigger fines from criminals. Council Member Krause questioned in regards to the citations that had been issued last year and this year, what the typical scenario was that lead to the citation. Chief Smith stated there were a number of different scenarios; traffic stops, search warrants on a house and several other scenarios could result in a citation. Council Member Krause stated one of the reasons Milwaukee and Madison had reduced their fines was due to the amount of racial profiling in poor neighborhoods that resulted in possession of marijuana citations. He explained more affluent individuals who used marijuana were often not put into that type of situation. He stated he was not claiming that Oshkosh police officers were engaging in that behavior, however, it was a problem that a number of cities experienced. Council Member Pech questioned what the impact of the proposed ordinance would be to the new narcotics and vice unit. Chief Smith stated regardless of the amount of the forfeiture, the police department would continue to operate in the same way they had been. He explained the forfeiture amount did not impact how they enforced the law. Council Member Pech asked for an explanation of how the university police were not able to enforce the City's ordinances. He questioned what would happen to an individual possessing marijuana that encountered an Oshkosh police officer versus a university police officer. Chief Smith stated Oshkosh police officers had an option of charging an individual with an ordinance violation or charging them criminally. He explained UWO police officers did not have that option; they could only charge criminally. Council Member Pech questioned if a criminal charge would result in a larger penalty. 18 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Chief Smith stated it would depend on the circumstance; a criminal charge resulted in a negative stigmatism in the community and a second misdemeanor possession of marijuana charge would become a felony. Council Member Pech stated where and with whom the encounter took place could have an impact on the penalty. Chief Smith stated that was correct. Council Member Herman stated state patrol officers were also able to make a traffic stop or act as backup on an encounter, and they were bound by state statute to charge criminally; they could not enforce a City ordinance. He explained there were multiple branches of law enforcement that could get involved, including probation and parole officers. He stated he was not speaking in regards to the pros or cons of lowering the forfeiture, he wanted the public to be aware that there were a number of circumstances in which the City ordinance would not be enforced and therefore the change may not be drastic. Mr. Rohloff stated based on the discussion, City staff could prepare two separate ordinances, one with Council Member Pech's proposal, and one with Council Member Krause's. He explained Council would then have four weeks to consider the options. Mayor Cummings explained the City had a number of ordinances and fines. He questioned if this meant that each time Council received a petition, they would need to change the ordinance or the fine because citizens were not happy with it. He explained he had made a statement at the previous Council meeting and stood by it; if you don't like the fine, don't use marijuana. He stated employers in the state were struggling because many individuals were unable to pass a drug test. He explained he believed it was a state issue, and if people wanted a change, they needed to reach out to state representatives. He stated he would not support direction to City staff to prepare an ordinance on this topic. Council Member Herman requested that City staff include court costs and any other items associated with the forfeiture as a supplement to the ordinances they prepared. Ms. Lorenson stated she would prepare that information. Council Member Palmeri questioned if an individual did not contest the charges against them, would they still be subject to the full court costs. 19 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Ms. Lorenson stated that they would. Council Member Krause stated he believed the actual forfeiture was the punishment; the City could not be responsible for the high court costs of Winnebago County. He explained he supported lowering the forfeiture to help balance out the court costs. Mayor Cummings questioned why the City would want to help balance out court costs if an individual broke the law. Council Member Krause stated there had been a number of laws in place that were not just, and he believed Council could look at this topic in the same way. Mayor Cummings stated he could not be more clear than stating 'do not use, and do not get caught'. Council Member Pech stated he had a positive discussion with Mr. Kelderman in which it was determined they both officiated youth sports. He explained USA Hockey published a rule book every 4 years and as officials they were required to enforce the rule book. He stated if he did not agree with a rule, it did not mean that he could change it, he needed to petition the rule making body to change the rules. He explained he viewed this topic in the same manner. He stated he agreed that Wisconsin was behind other states,however, it was not Council's job to make the change. He explained the ordinance could be changed to reduce the forfeiture, as he had suggested, however, decriminalization needed to take place at the state level. He stated anyone who received any type of citation was responsible for court costs. Council Member Krause stated the City was able to have their own rule book. Mayor Cummings stated the City already had their own rule book. He questioned if Mr. Rohloff had received adequate direction. Mr. Rohloff stated yes. Council Member Herman stated he believed it was appropriate to identify the Sawdust District as a potential location for a zoning change in addition to other locations throughout the City. He explained the City was raising its standards and wanted more upscale amenities. He stated he believed they needed to identify different areas of the City and identify them as gateway areas, and make determinations on zoning/design standards in those areas. 20 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Mayor Cummings stated he agreed with Council Member Herman and believed now was the ideal time to raise standards, and gateways were the most logical place to begin to do so. He explained he believed developers, plan commission and Council would be in support of this effort. Council Member Palmeri stated she agreed,however, she believed there would be future discussions on master plans and the creation of cohesive themes in some of these areas, to give guidance on what the expectation was beyond the idea of a higher standard. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained if anyone was interested in serving the community, the various boards and commissions were in need of members. He encouraged anyone interested to apply through the City website. Dean Smith, Chief of Police, stated radio station Q90 approached the police department and asked them to participate in a program called the Lights of Christmas, which benefited low income and homeless people while fostering positive relationships between law enforcement and the community. He stated through sponsorship, the police department had received $5,000 worth of gift cards as well as 'blessing bags' that contained warm clothing, food, hand warmers and other items that the homeless population could use. He explained officers could distribute the items to individuals they encountered who were in need. He stated he and his staff had distributed a number of the blessing bags and gift cards at the warming shelter. He encouraged people to reach out to him if they knew of someone in need. Mayor Cummings stated he enjoyed children being able to receive gift cards who in turn were able to purchase a gift for their parents or siblings. Council Member Panske questioned if the police department would be accepting donations in order to continue the program in the community. Chief Smith indicated that they would be happy to. He explained they would like to do whatever they could to help others as they were community liaisons in addition to police officers. 21 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Mayor Cummings stated there was one night remaining of the fire department's food and toy drive. He explained the outpouring of donations was incredible. Tim Franz, Fire Chief, explained people could continue to drop off donations at any of the fire stations. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated there was a variety of memos included in the Council packet, as after the budget was adopted, work began on capital improvement projects as well as additional implementation items. He explained the various professional service and engineering services agreements that were in place for 2018. He stated he believed the arena update could be removed from future agendas as the arena was up and running. He explained City staff had prepared a chart in regards to the Oshkosh Corporation development that detailed various timelines and decisions that will be forthcoming with various bodies of the City. He stated there was a discussion of creating a new zone titled Corporate Business Park and the plan commission would hold their final meeting on Tuesday, December 191h regarding the topic to make a recommendation to the Council. He explained there was a closed session planned for January 91h to review the Oshkosh Corporation development agreement. He stated there would be future discussions, as Council Member Herman had indicated, about the potential to create new zones that were of a higher standard than current zones. He explained Council should contact him with any questions, and City staff would continue to look forward 3 to 4 months and maintain the schedule as a working document to keep Council aware of what was going on. Council Member Palmeri questioned at what point Council should expect to begin the discussion about the remaining acreage and how the process of public input would work. Mr. Rohloff stated the schedule was related solely to the Oshkosh Corporation project. He explained City staff could create a separate schedule for that topic and Ray Maurer, Director of Parks, planned to begin the discussion with the parks board after the first of the year. He stated the parks board would incorporate public input and share the information with Council. Council Member Herman stated he believed the City should wait until it was determined what Oshkosh Corporation was building, as there may be concerns with storm water that would result in the loss of additional park acreage. He explained the river walk would 22 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 be complete as it was part of the agreement, however, until it was determined exactly what space would be available it would be difficult to plan the park portion. Mr. Rohloff stated according to the schedule, Council would take action on the certified survey map in February. Mr. Davis stated there was a two-step process with the certified survey map; step one was to create the lot for Oshkosh Corporation by the end of the year, and the second would identify the right aways and easements that were required, which would be based on the traffic impact analysis and storm sewer plans. Mayor Cummings explained dark store day had taken place in Ashwaubenon and Milwaukee, and representatives from the League of Wisconsin Municipalities were present at both locations. He stated the various speakers presented multiple views of the topic; he had shared the number of calls police officers took to the active stores, which averaged nearly 2,000 per year. He explained dark stores resulted in one or two calls per year. He stated corporations wanted municipalities to provide the same services to active stores while paying as though the store was dark, which shifted the tax responsibility to homeowners and small businesses. Mr. Rohloff stated the goal was to get legislature to schedule the topic for a vote. He explained there was significant bipartisan support for dark store legislation and the hearings were complete. He encouraged people to raise awareness and reach out to legislators to push for a vote. He stated there was a hearing on landlord/tenant legislation the following day. He explained they had been made aware that there was potential legislation forthcoming regarding subdivision regulations, which would undermine many of the protections that Council had requested related to subdivisions. He stated that topic was scheduled for a hearing the following day as well, and he and Mayor Cummings would be present to provide testimony. He explained he would report the details of the hearings in the newsletter. Council Member Pech questioned who was lobbying for the removal of the protections. Mr. Rohloff stated his theory was that it was specific lobbying groups such as the Apartments Association related to the landlord/tenant legislation, and developers related to the subdivision regulations. Mayor Cummings stated when he and Mr. Rohloff had attended the hearing on landlord/tenant legislation, numerous representatives from municipalities across the state testified to the same concerns Oshkosh had. 23 PROCEEDINGS OF THE COMMON COUNCIL—DECEMBER 12, 2017 Mr. Rohloff explained State of the City was scheduled for Monday, March 191H MOTION: TO CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION & COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Herman; second, Pech). CARRIED: (7) Palmeri, Allison-Aasby, Herman, Panske, Pech, Krause, Mayor Cummings MOTION: ADJOURN (Herman; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 8:13 p.m. PAMELA R. UBRIG CITY CLERK 24