Loading...
HomeMy WebLinkAbout_Minutes 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