Loading...
HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JANUARY 23, 2018 REGULAR MEETING held Tuesday, January 23, 2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Caroline Panske, Jake Krause, Tom Pech, Jr., Lori Palmeri, Deb Allison-Aasby and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Herman read the Invocation. The Pledge of Allegiance was led by Otis Panske from Franklin Elementary School,Oliver Panske from Perry Tipler Middle School; and Lydia Rentmeester from Washington Elementary School Council Member Pech asked for a moment of silence to honor the life of Clarence Jungwirth, who recently passed away at age 98. He explained he had been a wealth of knowledge in regards to the history of Oshkosh and a valuable member of the community. INTRODUCTION OF CITY STAFF Trena Larson, Director of Finance, introduced Hailey Palmquist, Finance Accounting Manager. Council Member Herman questioned if Ms. Palmquist was filling a vacant position. Ms. Larson stated yes. Council Member Herman asked for an explanation of the position. PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Ms. Larson explained Ms. Palmquist managed both the accounting and collections divisions, overseeing approximately 8 City staff members. Council Member Pech questioned what Ms. Palmquist's role had been prior to her promotion. Ms. Larson stated she had been the City staff accountant. CITIZEN STATEMENTS Kenneth Klewicki, 4944 Highway 45 South, stated he had emailed Council a letter the previous week, and due to an error within the original letter was present to provide Council with the corrected version. He explained he was the collection agent for the City and his firm had worked with the City for over 20 years. He stated what the process had been and that a debtor had come to the City in September to pay a judgement owed in excess of $7,000, and the debtor's attorney had verified with his company the following day that the judgement had been satisfied. He indicated when they contacted the City collections department they indicated they were not aware of the payment, and his company verified the judgement was satisfied through Wisconsin Circuit Court Access. He stated they billed the City, as that was part of the normal procedure when a debt was paid directly to the client, and was informed that no payment had been made, therefore the City would not pay the invoice. He explained after non-payment, they had sent a number of requests and held a meeting with the City, explaining their contract terms. He stated after the meeting the City terminated the working relationship with his collection agency and a complaint was filed with the Wisconsin Department of Financial Institutions, which was their licensing agent, without merit. He explained the debtor had paid the City in excess of$7,000 and a satisfaction had been issued on receipt of a payment of $5,155.88. He stated the City maintained that no funds had been collected. He requested payment of the invoice and an investigation into any remaining balances due to his firm. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Common Council Minutes from January 9, 2018 2 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Receipt of Claims filed with the City's Insurance Company: A) Peter Davis for alleged damages to his vehicle from city bus B) Greg Klinger for alleged property damages from construction company doing a test in the street Resolution 18-25 Rescind Personal Property Taxes - Iconic Ink Tattoo — Located 616 Ohio Street ($376.11) Resolution 18-26 Reauthorization of Self-Insurance for Worker's Compensation Resolution 18-27 Award Sid to H.I.S. Comp LLC for City Hall Roof Replacement for General Services Division ($101,392.00) Resolution 18-28 Approve 2018 Software Renewal to Tyler Technologies, Inc. for iasWorld Software as a Service (SaaS) for IT Division ($94,245.00) Resolution 18-29 Approve Intergovernmental Cooperation Agreement between the City of Oshkosh & the Oshkosh Area School District for Operation of Pollock Community Water Park (2018 — 2020) (Advisory Park Board Recommends Approval) Council Member Palmeri asked for an explanation of the parking lot arrangement. Ray Maurer,Director of Parks, stated the City had an agreement with Oshkosh West High School to utilize the parking lot for Pollock Pool as there was not enough on-street parking to accommodate those attending the water park. He explained City staff was responsible for picking up trash in the parking lot during and after the hours of use. Council Member Palmeri stated it was her understanding the City paid 100% of the cost for lifeguard services and also provided a credit for the parking lot use. She questioned if that was true. Mr. Maurer explained the water park was a recreational amenity for the community and the City paid for the cost of the lifeguard services and received a$40,000 contribution for the use of the pool. Resolution 18-30 Approve Engineering Services Agreement for 2018 Knapp Street Quarries&Timmerman Landfill Operations&Maintenance Support /AECOM Technical Services, Inc. ($82,750.00) 3 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Resolution 18-31 Approve Agreement for Disposal of Contaminated Soil from Various Projects in the 2018-2019 Capital Improvement Program / Waste Management-Wisconsin ($2,527,500.00) Mayor Cummings explained he believed it was important for citizens to understand the tremendous cost Oshkosh and other communities incurred for removal of contaminated soil related to various development projects. Mr. Rabe explained the City encountered a variety of contaminants during street reconstruction and development projects; the agreement covered all City projects for the capital years of 2018 and 2019. He stated past agreements had estimated 70,500 tons to be hauled to the landfill while the actual haul had been approximately 66,000 tons. He explained their estimation had been close and included all materials that could not be used on the site including petroleum contamination, fly ash, rail ties and other items that needed to be managed at a licensed landfill facility. Council Member Palmeri asked for an explanation of why the City staff memo referenced two possible facilities. Mr. Rabe stated the waste management facilities were the only licensed facilities capable of managing all of the materials the City generated on their projects. He explained the reference to Outagamie County landfill was in regards to garbage, which was not what was generated during street projects. He stated Waste Management was the only facility able to process all of the materials the City generated. Resolution 18-32 Approve Change Order No. 2 for Public Works Contract No. 17-12 Miscellaneous Utility Improvements (+$99,509.75) Resolution 18-33 Approve Initial Resolution for Special Assessments — Contract No. 18-04 Paving, Sidewalk, Driveway & Utilities / First Local Street Concrete Paving Program: Court Street (Ceape Avenue to Washington Avenue) Otter Avenue (State Street to Railroad Tracks) Washington Avenue (North Main Street to Broad Street) Osceola Street (Pearl Avenue to 115' Southwest of High Avenue) Resolution 18-34 Approve Initial Resolution for Special Assessments — Contract No. 18-05 Paving, Sidewalk, Driveway & Utilities / Second Local Street Concrete Paving Program - Oregon Street (West 81h Avenue to West 161h Avenue) 4 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Resolution 18-35 Approve Labor Contracts with Oshkosh Professional Police Officers Association (OPPA), Oshkosh Police Supervisors Association (OPSA), International Association of Fire Fighters (I.A.F.F.) Local 316, Oshkosh Fire Department Chief Officers (OFDCO & American Federation of State, County & Municipal Employees (AFSCME) Local 796 Transit for Years 2018, 2019 & 2020 Resolution 18-36 Renewal of Bird City Wisconsin Designation; Designate May 5, 2018 as International Migratory Bird Day Resolution 18-37 Approve Special Event —UW Oshkosh Student Recreation to utilize City streets for the Shamrock Shuffle /March 10, 2018 Resolution 18-38 Approve Special Event —Oshkosh Yacht Club to utilize Menominee Park for the Oshkosh Yacht Club's 2018 National A Scow Regatta / June 21 - 24, 2018 Resolution 18-39 Approve Special Event —Oshkosh Yacht Club to utilize Menominee Park for the Oshkosh Yacht Club's Extreme Regatta / July 16 & 17, 2018 Resolution 18-40 Approve Special Event — Cultural Fine Arts & Jazz Society of Oshkosh, Inc. to utilize Steiger Park (Boat Works Site) & Riverwalk for the Jazz Meets Art by the Historic Fox River/August 18, 2018 Resolution 18-41 Approve Special Event —Oshkosh Yacht Club to utilize Menominee Park for the Oshkosh Yacht Club's 2018 National E Scow Regatta / September 6 - 9, 2018 Resolution 18-42 Approve Special "Class B" License, Operator Licenses & Secondhand Dealer Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-43 Modify Parking Regulations on 91h Avenue MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Ordinance 18-44 Amend Penalties for Possession of Marijuana/Adults MOTION: ADOPT (Herman; second, Pech) MOTION: AMEND TO REDUCE FINE AMOUNT FROM $200 TO $150 (Krause; second, Panske) LOST: Ayes (3) Panske, Krause, Palmeri Noes (4) Pech, Allison-Aasby, Herman, Mayor Cummings VOTE ON ORIGINAL RESOLUTION CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby Noes (1) Mayor Cummings Shawn Kelderman, W2457 Lomira Drive, Brownsville, explained Mayor Cummings had previously stated time was being wasted on the issue and there should be more focus on items such as growing the community. Mayor Cummings stated discussion needed to be focused on the fine. Ms. Kelderman stated she would arrive at that point. She explained if she were a young person looking to start a family and become a member of the community,the way he treated his constituents would be an item she would pay attention to. She stated over 7,000 residents had asked for the fine to be reduced to $25 and she did not believe a $200 fine would respect the wishes of the citizens. Dan Rylance, 602 E. Parkway Avenue, stated he had signed both petitions and supported the reduction of the fine to$25. He explained he was not aware of many issues that Council had faced where that many citizens had expressed their opinions. He stated democracy was supposed to respond to the wishes of the people and he hoped that Council would do so by recognizing the original request of the petition by putting it on the spring ballot, and if that was not possible, to do so via ordinance change. 6 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Martha Reishl,530 Pyle Avenue, stated she had signed the petition to reduce the fine to$25, which was what should happen regardless of personal opinion. She explained Mayor Cummings' opinion on the matter should not be affecting the reduction of the fine. She stated citizens should not have their lives destroyed for something that was not harmful, and the City needed to listen to those that signed the petition. She explained other major cities in Wisconsin had reduced fines as they recognized their citizens were not criminals for using marijuana and should not be treated as such. She stated until legalization happened, it needed to be approached at a City level. Council Member Pech stated Officer Harris had indicated in the preamble that participants should refrain from applause. He explained Council was listening to the speakers and requested that item be respected. Mark Kelderman, W2457 Lomira Drive, Brownsville, stated he was impressed by the number of people who had petitioned for hundreds of hours, sometimes in poor weather, and was frustrated that Mayor Cummings did not treat them with respect. He explained he was hopeful that the fine would be reduced to $25 as the petition had requested. He stated if not, they would be appreciative of compromise, however, he felt that the City should stand on the progressive side of history. He explained making changes on a local level would help Madison become aware that the public would like cannabis reform. Patricia Diener, 1316 Broad Street, stated she did not want the fee lowered to $25; she believed it should remain the same. Council Member Krause stated he believed lowering the fee to $200 was not in line with other progressive cities in the state. He stated there were other Council Members who had supported his proposed tiered resolution, which was ultimately rejected, however, that meant that there were Council Members who had supported a $50 fee. He explained he believed individuals who used marijuana were typically not in possession of a gram, therefore they would be unfairly charged the higher flat fee. Council Member Panske explained she had received an email from Mayor Cummings that stated the financial burden should be placed on the criminal in respect to possession of marijuana. She stated putting such a financial burden on an individual would result in additional financial burden for the City as the individual would likely be put on probation and required to take an Alcohol and Other Drug Abuse assessment (AODA), which cost $225. She explained if the individual was not able to pay for the AODA assessment the County would cover the costs,and if they required additional treatment the County may be responsible for those additional costs. She stated as a taxpayer to the County, the City would inadvertently be helping fund those costs. She explained throughout the process 7 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 there may be additional costs that would inadvertently be attributed to the City. She stated by making the forfeiture as reasonable as possible, the City would enable an individual to learn their lesson and move on as well as reduce City costs. She requested Council listen to the petitioners and lower the fine. Council Member Pech questioned if the same would apply for individuals who were cited for other offenses. Council Member Panske stated she would assume so. Council Member Pech stated Council would then be creating an exception for one particular type of legal violation. He questioned if marijuana was illegal in Wisconsin. Council Member Panske stated yes. Council Member Krause explained there was a trend throughout the country of reducing fines in an effort to help make marijuana legal. He stated since the last Council Meeting two additional states had legalized marijuana. He explained states were not considering reducing fines for operating while intoxicated because it was harmful; they were lowering fines and legalizing marijuana as research proved that it was not harmful. Council Member Herman stated he had been involved in law enforcement for over 30 years and believed there was a misconception in the community about how police officers did their job. He explained when an officer charged an individual with an ordinance violation, jail time and probation did not come into play; those items only occurred if an individual was charged criminally, for violating a state statute. He stated if an individual received an ordinance violation, the only repercussion was a fine. He explained a fine was issued because the individual broke the law, and the punitive side to it was geared to promote a change in behavior. He shared stories that detailed the dangerous side of the drug problem in the City, especially heroin. He explained it was illegal to drive under the influence of marijuana as it was a controlled substance. He stated the City was unable to change whether or not marijuana was legal, and doubted changing the fine accomplished what the petitioners were hoping for. He explained he was not concerned with individuals using marijuana in their own homes,however,he believed a significant portion of those who were charged with possession of marijuana were charged in conjunction with committing another crime, especially traffic related. He stated he would support reducing the fine to $200. Council Member Pech stated he applauded the petitioners for gathering such a large number of signatures. He explained that while the country was a democracy, it was a 8 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 representative democracy. He stated the petitioners'voice had been heard and Council was willing to compromise. He explained that while marijuana remained illegal in Wisconsin, he was willing to lower the fine to $200, which was a 30% reduction. He stated he was not willing to lower the fine to a level that would make something illegal nearly equal in cost to a parking ticket. He encouraged those who wished to see change to work for reform in Madison. Council Member Allison-Aasby stated during the time period of the first petition, she had been approached and asked to sign. She explained she could not attribute the one individual's actions to the whole group, however, she indicated it was not presented in a transparent way that let the public know what they were signing. She stated she was hopeful this year the petition was handled differently. She explained typically when there was an item that personally benefited a Council Member, that individual would recuse themselves from a vote; because that had not been taking place she had concerns about supporting the lowering of the fine. She stated she had been anxious to see how the petitioners would conduct themselves during the Council meeting, and initially could have been persuaded to support Council Member Krause's motion to lower the fine to$150. She explained regardless of whether the petitioners liked what the Mayor had to say, he also represented constituents that shared his viewpoint, and personal attacks were inappropriate. She stated she was not certain which way she would vote due to the personal attacks and conflict of interest, although she did believe in compromise and listening to the opinions of the constituents. Mayor Cummings questioned when he and his fellow Council Members took the oath of office, they swore to uphold the constitution and the laws of the State of Wisconsin. Ms. Ubrig stated that was correct. Mayor Cummings explained he had been upfront about his opinions and believed lowering the fine gave the impression that Council was condoning illegal behavior. He stated there were consequences for breaking the law and Council had the obligation of upholding state law; if individuals wanted change they needed to work towards it at a state level. Council Member Palmeri thanked the individuals who spent the time participating in their local government. She stated she had been willing to support a fine reduction as it was a compromise, and because Oshkosh did not have a municipal court, it was the only means to come to a middle ground. She explained initially she believed the petitioners had improved how they conducted themselves compared to last year, however that seemed to deteriorate. She stated she would support reducing the fine to$200, which would result in 9 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 a total of approximately $389 including court costs compared to the existing fine of $325 with court costs bringing the total to$547. Council Member Krause stated he would support the reduction to $200 and while it was not the end goal he had hoped for, it was progress. Ordinance 18-45 Authorize the Chief of Police and/or Director of Transportation to Establish Temporary Speed Limits for Special Events MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Ordinance 18-46 Create Premier Economic Development District/ Sawdust District MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Herman asked for an explanation of what creating the premier economic district would do for the Sawdust District. Allen Davis, Director of Community Development, explained state law permits the City to create two new liquor licenses that could only be used in the 40 acre district. Council Member Herman questioned if it was an economic tool. Mr. Davis stated yes. Council Member Herman stated he understood it would allow a developer or entrepreneur with an idea to pursue an establishment with a liquor license in the district. Mr. Davis stated that was correct. Mayor Cummings stated he understood the former Buckstaff site was approximately 8 acres, leaving 32 acres remaining in the district. He asked for an explanation of the boundaries. Mr. Davis explained the district started south of the Buckstaff property near 141h Avenue and went north along the east side of Main Street until 91h Avenue, where it then moved 10 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 to the west side of Main Street up to 61h Avenue. He stated in general, it included a number of potential development locations. Council Member Herman questioned if it was similar to what had been done in the area along Oshkosh Avenue. Mr. Davis stated no; it did not have anything to do with zoning. Council Member Herman stated it was his understanding the designation would not hamper future development, it would enhance it. He explained a complete vision of the Sawdust District had not been created. Mr. Davis stated the designation was geared to obtain additional liquor licenses to use as an economic development tool. Council Member Palmeri questioned if the word 'premier' would lend itself to a higher standard of development, or if it would result in a 'red-light' district. Mr. Davis stated the word 'premier' was based on the state statute that was used to allow cities to enact the ordinance. Council Member Panske stated one of the standards for establishing the district was a future district value of above $20 million. She stated the last assessment she was able to find was from November, prior to the completion of the arena, and she understood the next assessment would take place in August. Mr. Rohloff stated the assessment was essentially a snapshot of the value on January 1St and would not be certified until August, when the values were sent to the state who verified/certified them in November. Council Member Panske questioned how accurate the assessments were and if public improvements such as street, sewer, and lighting was taken into consideration. Mr. Rohloff stated that was not included, the assessment only considered property values. He explained Kelly Nieforth, Economic Development Manager, had conducted the research, and the requirement was property that had the potential to grow to the value of$20 million; it did not need to be presently valued at that figure. Council Member Panske questioned if City staff was confident that the City would achieve the $20 million requirement. 11 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Mr. Davis stated he was confident they would achieve it, and the statute did not give a deadline for reaching the requirement, or a repercussion in the event the City did not. Council Member Panske stated she understood the licenses had a price of $30,000 and questioned how those funds would be used. Mr. Rohloff stated the funds would be held by the City and were meant to be a deterrent to those who may not be committed to their development. He explained the high cost of the license was designed to attract developers who would be deeply invested in their business. Council Member Herman questioned who paid for the licenses. Mr. Rohloff explained it was paid by the applicant. Council Member Herman asked for an explanation of the process. Ms. Lorenson indicated the $30,000 fee for these particular licenses was set by state statute. She explained it was designed to encourage a serious development. Council Member Herman questioned if the City needed to have maxed out all available liquor licenses to obtain the additional licenses. Mr. Rohloff stated that was not a requirement. He explained in previous years, reserve licenses had been established with a fee of $10,000 to discourage those not genuinely invested in their development. He explained the state set the cost of the two additional licenses at $30,000 to insure the developers were committed to being successful. He explained the state had created premier economic districts when the Titletown District was created, as the Village of Ashwaubenon did not have enough liquor licenses. He stated the idea was that the establishments needed to be high end and the developers highly committed to spend $30,000 for a liquor license. Council Member Herman questioned if an applicant paid for the license and the business failed, would the license stay within the district. Mr. Rohloff stated yes; they needed to remain in the district. Council Member Pech questioned if the $30,000 fee was an annual fee. Mr. Rohloff stated it was a one-time fee. 12 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Pech questioned if they would then be subject to the normal annual renewal fees. Mr. Rohloff explained yes. Mayor Cummings stated it would seem likely that a hotel, or bar/restaurant would invest in the license, as it would be too high of a cost for a small tavern. Ordinance 18-47 Approve Zone Change from Suburban Mixed Use District (SMU) to Suburban Mixed Use District with Planned Development Overlay (SMU-PD); 2130-2150 South Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Mayor Cummings explained the zone change was related to the Fox World Travel development. Council Member Herman stated he supported the zone change and applauded the developers for revitalizing the space. Council Member Pech stated they had previously occupied a much smaller space and their expansion was an indicator of positive growth in the community. Ordinance 18-48 Modify Parking Regulations on 111h Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-49 Repeal Ordinance Pertaining to Prohibited Areas for Animals FIRST READING; LAID OVER UNDER THE RULES Council Member Palmeri questioned if the ordinance was related to allowing dogs in parks. Ms. Lorenson stated it was; she explained two sections of the municipal code were inconsistent and City staff was updating the code to reflect the information in one location. 13 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Palmeri stated she believed allowing animals in the parks had been a one year trial period. She explained if the trial period was nearing completion, she believed updating the code may be premature, as it was not certain that Council would decide to keep the ordinance. Ray Maurer, Director of Parks, stated it was approaching a year, and he believed most of the comments City staff and the parks advisory board had received were positive. He stated he expected the parks advisory board to support leaving the ordinance in place. Ms. Lorenson stated regardless of whether or not Council chose to keep the ordinance, she recommended not keeping the information in two separate locations within the municipal code. Ordinance 18-50 Amend Ordinance Authorizing Public Construction for Certain Classes of Work FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-51 Approve Zone Change from Urban Industrial (UI) to Single Family Residential 9 District (SR-9); 1603, 1607 & 1611 Ashland Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 18-52 Authorization of a Committee to Plan & Organize a Unity In Community Event Sponsored by the City of Oshkosh MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Palmeri asked for an explanation of the event. Mayor Cummings explained he had been working to create the event with university staff as well as Dean Smith, Chief of Police. He stated there was considerable diversity within the community and the goal was to create an event to highlight the diversity and various cultures that composed the community through child friendly education activities, entertainment and food. He explained the steering committee would include individuals from the Hmong community, Native Americans, African Americans, Muslim Americans, individuals from the Philippines and others. He stated the Oshkosh Area 14 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 School District was working on the educational aspect. He explained the effort had received a great deal of support and fundraising was in process. He stated the event would be held on May 5th, 2018 at the Leach Amphitheater from 10:00 a.m. until 3:00 p.m. and no alcohol would be served. Council Member Palmeri stated she had learned that there were over 50 languages that were spoken within the Oshkosh Area School District. Mayor Cummings explained the meetings had been positive and despite cultural differences, the group had found commonalities. Council Member Panske stated the resolution described Council authorizing the formation of a committee when it sounded as though the committee had already been formed. Mayor Cummings stated that it had. Council Member Panske questioned why the committee had been formed prior to Council's authorization. Council Member Pech stated he understood the resolution was a formality to authorize waiving the special event fee. Council Member Panske questioned if that should be referenced within the resolution. She stated Council had not been provided information on membership, when meetings were held or minutes from the meetings. Ms. Lorenson stated the group had requested the event become a City sponsored event, therefore it now needed to come before Council for approval. Council Member Pech stated it was his understanding citizens had been involved and were now looking to the City to take action. Ms. Lorenson stated that was correct. Council Member Panske questioned where she would be able to find information on the committee. Mayor Cummings stated the members had changed several times, and not everyone attended each meeting. 15 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Panske questioned if Council established the committee, would there be formal information regarding membership and meetings. Ms. Lorenson stated yes; if Council authorized establishing the committee it would be a formal committee which required public notice of meetings and minutes. Council Member Panske questioned if it would be a similar process to the Mayor's breakfast that had been held in the past. Ms. Lorenson stated the Mayor's breakfast was formed by a separate group and had not been a City sponsored event. Council Member Palmeri asked for an explanation of what the financial benefit would be, as it was indicated that the event would be a financial benefit to the City as a whole. Mayor Cummings stated the City would be acknowledging its diversity, which was an item that corporations sought out, and could help attract residents and businesses alike. Mr. Rohloff explained within the resolution it was stated that the event met one or more of the criteria required for a City sponsored event, therefore it did not necessarily have to financially benefit the City as a whole. Council Member Panske questioned if the event would be free to community members. Mayor Cummings stated yes. Resolution 18-53 Approve Special Event — Sawdust Days Inc. to utilize Menominee Park & City streets for the Oshkosh Sawdust Days Festival & 5K Walk Run / July 1 - 9, 2018 MOTION: ADOPT (Panske; second, Herman) MOTION: AMEND EXCEPTIONS/CONDITIONS INCLUDING F- MUSIC, CARNIVAL RIDES & ACTIVITIES TO END AT 10:30 P.M. AND E-SALE OF ALCOHOLIC BEVERAGES TO END AT 10:00 P.M. (Herman; second, Pech) CARRIED: Ayes (6) Herman, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Noes (1) Panske 16 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 VOTE ON RESOLUTION AS AMENDED CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Ellen Schmidt, 4303 Swallow Banks Lane, stated she was present to represent Sawdust Days, which had been in existence for 47 years. She stated they had tried to comply with all requests from the City, had worked with the police department and had hired private security. She explained they had tried a new layout the previous year and it had not worked well. She stated they had received numerous complaints about the large areas of mud, and they had not been compliant with handicap guidelines. She explained they had lost several vendors due to the new layout and sales were down. She stated returning to the previous layout with fencing would improve the chance of vendors returning, make it easier for the public to move throughout the ground and allow for expansion of the children's area. She explained they would also be able to utilize a space for paid parking to help reduce the impact of the increase in special event fee cost. She stated they planned to incorporate more history by having the Menominee tribe provide displays and possibly authentic food. She explained the event benefited numerous non-profit organizations and they would like to continue to offer a free festival to the community. Council Member Palmeri asked for an explanation of the use of Pratt Trail. Ms. Schmidt stated it had previously been used for paid parking. Council Member Palmeri stated while she appreciated that it was a multicultural event with entertainment and food, she was concerned about the number of phone calls they had received due to the music and noise level. She explained she also had concerns about the sale of alcohol after 9 p.m. Thomas Guenther, Sr., 639 Grove Street, stated the complaints regarding noise was likely due to the change in layout, and if they returned to the previous layout, he believed that would mitigate the sound going into the residential neighborhood. He explained he understood there were complaints, however, people who liked the music and the festival tended not to reach out to share their opinions. Council Member Palmeri stated she had received numerous calls about the bass of the music. Mr. Guenther stated if the music was pointed in the other direction, the sound/vibration of the bass would not travel. He explained the proposed layout had two beer gardens; the Mexican area and mainstage area, which would both be secured with 8 foot security 17 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 chain link fence. He stated the entry/exit ways would be monitored by security to prevent alcohol from leaving the beer gardens. He explained the reenactment area would not have any alcohol, and if the Menominee Tribe could not provide a cultural display, they would fill the space with family entertainment. He stated he believed the proposed layout would be easier for the police department to monitor. Council Member Pech questioned if the boat launch area would be accessible to the general public. Ms. Schmidt stated she had not been able to move forward with finalizing plans as she had to wait for Council to approve the event. She explained she had a conversation with the individual who owned the midway, and questioned if he would be able to make the boat launch area more accessible, and was waiting for Council approval to continue discussions. Council Member Pech stated she had the ability to stipulate that the boat launch area needed to remain accessible without Council approval. Ms. Schmidt explained the individual had stated he would do whatever was necessary. Council Member Pech questioned if the event was approved that the public would have access to the boat landing. Ms. Schmidt stated that was an impossible question to answer. She explained it was difficult to say that it would be accessible throughout the entire event. She stated she did not understand what Council Member Pech was asking. Council Member Pech questioned if the boat launch would be available to the public for the 41h of July. Mr. Guenther indicated that they had video from a drone from last year that showed individuals launching boats during the festival. He stated the boat launch would be available. Council Member Pech stated the City funded half of the cost of the fireworks and he expected the City to receive the same promotion as Festival Foods. Mr. Guenther stated he understood, and last year they had added 'brought to you by the City of Oshkosh' after any mention of the Festival Food fireworks. 18 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Pech stated that had been part of the approval last year, and it had taken significant follow up on the City to ensure that it happened, as it had not originally. Mr. Guenther stated he understood. Council Member Panske stated she agreed the original layout made more sense. She explained she was pleased to hear they were taking additional steps to make the beer gardens more secure, and would support the event. She questioned if there would be verbiage about the cost of the boat ramps being shifted on to the event if they were not able to be open to the public. Kathy Snell, Special Events Coordinator, stated there was a parks boat launch buyout that was not included in the extraordinary costs and services. She explained Sawdust Days had been informed it would be a $500 per day buyout. Council Member Panske questioned if they could exercise the buyout if they wanted to utilize the entire midway. Ms. Snell stated that they had in the past. Resolution 18-54 Approve Lead Service Line Replacement Policy MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Mr. Rabe stated the policy would be an adoption of the pilot policy that had been approved by Council in 2017. He explained as a result of changes to the municipal code in 2017 related to lead service lines, the City applied for and subsequently received a principal forgiveness loan from the Wisconsin Department of Natural Resources (WDNR) from the safe drinking water loan fund in the amount of approximately $500,000. He stated City staff had launched the pilot program to see how such a program could benefit the City. He explained the only properties eligible for reimbursement in 2017 were located adjacent to a City street reconstruction or water main replacement project, or those that suffered a failure/leak on a service on the public or private side. He stated the change in the municipal code required that within 6 months of either side replacing a lead service, the other side must be replaced. He explained the main difference in the proposed policy versus the pilot program policy was that the program would now be open to requests, and it was no longer required that the property be located adjacent to a City project or have a failure. He stated there would be a financial 19 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 reimbursement to the property owners of 50% up to a maximum of $1,500 for each lead service that was replaced, and there was language in the policy regarding additional reimbursement for property owners who met low to moderate income requirements. Resolution 18-55 Approve Amendment to 2018 Operating Budget—Lead Service Line Replacement Program ($437,948.56) MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Resolution 18-56 Approve Change Order No. 1 for Public Works Contract No. 17-03 Mary Jewell Lift Station & Park Shelter (+$112,427.00) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (4) Herman, Pech, Allison-Aasby, Mayor Cummings Noes (3) Panske, Krause, Palmeri Council Member Panske stated she had not been in support of the proposed changes when they had first been brought to Council, and she would not support either resolutions 18-56 or 18-57. She explained it was difficult for her to support such costly architectural changes that would be passed on to the taxpayers of the City. Council Member Herman explained while he previously had supported the proposed changes, he believed in the future the plan commission, who did not pass the budget, needed to be conscientious that as much as the City wanted to have high design standards, there was an economic consequence. He explained he would still support the proposed changes due to the location of the project. Council Member Palmeri stated there was a significant cost increase as the result of a subtle design enhancement. She explained she struggled to understand the need to add dormers to a pump station/bathroom and she would not support the proposed changes. Mayor Cummings explained the City had received numerous complaints regarding the aesthetic of the lift station near Webster Stanley and believed if the City was asking developers to raise their standards, the City would need to do so as well. Council Member Allison-Aasby stated she could understand the multiple viewpoints, and would be supporting the changes due to the location of the project. 20 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Panske questioned if there had been any issues or failures at the lift station near Webster Stanley. Mr. Rabe stated no. Resolution 18-57 Approve Amendment to Engineering Services Agreement for Design & Bidding Support Services for Mary Jewell Sanitary Lift Station/AECOM Technical Services, Inc. ($21,750.00) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (4) Herman, Pech, Allison-Aasby, Mayor Cummings Noes (3) Panske, Krause, Palmeri Resolution 18-58 Approve Engineering Services Agreement for Updating the Design & Bidding Documents & Providing Bidding Assistance & Construction Monitoring & Documentation Services for the Libbey/Nicolet Watershed/North Main Street Area Detention Basin /AECOM Technical Services, Inc. ($290,245.00) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Resolution 18-59 Approve Tax Increment District No. 34 Project Plan; Designate Tax Increment District No. 34 Boundaries; Create Tax Increment District No. 34 Oshkosh Corporation Global Headquarters (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Herman, Panske, Pech, Palmeri, Allison-Aasby, Mayor Cummings Present (1) Krause Council Member Pech asked for an explanation of the districts. Todd Taves, Senior Municipal Advisor, Ehlers, explained two districts would be created related to the Oshkosh Corporation project. He stated the first district would be a single parcel, industrial district where the corporate headquarters would be located. 21 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Palmeri questioned if the change to industrial would allow for future heavy industrial activity to take place should Oshkosh Corporation ever stop occupying the site. Darryn Burich, Planning Services Manager, stated no; the zoning would not allow for that. He explained the only activity that could take place would be light industrial, which consisted of light manufacturing inside of a facility. Resolution 18-60 Approve Tax Increment District No. 35 Project Plan; Designate Tax Increment District No. 35 Boundaries; Create Tax Increment District No. 35 Oshkosh Avenue Corridor (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Pech stated he understood this district was tied to the Oshkosh Corporation project, and asked for an explanation of why it had been set up this way. Todd Taves, Senior Municipal Advisor, Ehlers, explained the City did not want to promote industrial type developments along the Oshkosh Avenue corridor. He stated the focus on the district would be redevelopment and the incentive to the developer was the upgraded infrastructure the City would put in place; the City's investment would be recouped by the redevelopment that would occur in the corridor. Resolution 18-61 Approve Covenants for the Oshkosh Aviation Business Park (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Resolution 18-62 Approve Specific Implementation Plan for 2130-2150 South Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings 22 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Resolution 18-63 Approve City Manager Performance Evaluation for 2017 & 2018 Compensation MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Herman encouraged citizens to be aware of Council's feedback and goals for the City Manager, as they were important to the City of Oshkosh. He read the Council feedback document that had been prepared in reference to 2017. He stated there were no financial incentives tied to the City Manager's goals for 2018, aside from the incentive that had been adopted previously where $5,000 would be added to an account each year Mr. Rohloff remained City Manager, for a period of five years, after which time he would have access to the funds. Council Member Pech clarified that it was a retention package, not an incentive package. Council Member Herman read the list of goals for 2018. Mayor Cummings thanked Council Member Herman for his work on the review. Council Member Allison-Aasby stated Mr. Rohloff's position was unique in that he reported to Council as a whole, which was comprised of 7 different personalities. She thanked Council Member Herman for taking the time to take each Council Member's thoughts into consideration while preparing the review. Council Member Palmeri questioned if Mr. Rohloff was in agreement with the goals that had been set. Mr. Rohloff stated the goals aligned with the City's strategic plan and provided good direction for City staff. He thanked Council for their support and stated he looked forward to continuing to work together. Council Member Pech explained although 2017 had been a difficult year for the City, it had also been a successful year. He thanked Mr. Rohloff for his perseverance and professionalism. 23 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a joint workshop with the traffic review advisory board and the plan commission to discuss the Oshkosh Avenue traffic impact study on January 301h at 5:30 p.m. at City Hall in room 404. Mr. Rohloff stated there would be a presentation that would last approximately 30 minutes, followed by discussion. Council Member Herman questioned if the study would be available electronically. Mr. Rohloff stated yes. Mayor Cummings explained there was a joint meeting with the Oshkosh Area School Board on January 31s' at 6:00 p.m. at City Hall in room 404. Mr. Rohloff stated a draft agenda had been provided to Council, and City staff was working to schedule future joint meetings per Council's request. Council Member Allison-Aasby stated she would not be able to attend either meeting. Council Member Pech explained he would not be able to attend the meeting on the 31s' and may not be present for the meeting on the 301h Council Member Palmeri questioned if the meetings would be televised or if there would be minutes. Mr. Rohloff stated they would be televised. Council Member Herman explained he had been approached by the vice-chair of the business improvement district (BID) about sponsoring the summer Oshkosh farmer's market. He stated according to special event policy, if the BID ran the event, it would meet the current ordinance and it would make sense not to charge special event fees. He explained it was a well-attended, community engaging event that had expanded in recent years. He stated the City provided few services to the event. Mr. Rohloff stated it was his understanding that the sponsorship would not result in the BID running the event; the farmer's market held several events and the BID would only sponsor the downtown summer market. He explained he believed the BID had expressed 24 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 interest in funding the downtown parking utility as a gesture of goodwill for Council waiving the special event fees. Council Member Herman stated that while the SID was not mandated of help offset the cost of the parking utility, the SID benefited from the parking along Main Street as well as the lots behind businesses. He explained the farmer's market was located within the SID district. Council Member Pech stated he supported the farmer's market and what it did for the community, however, he was concerned about what kind of precedent this would set. He explained the items under the current ordinance that would allow for the fee to be waived could be applied to a number of special events. He stated he believed if Council decided to waive the fee for the farmer's market that it would result in additional groups requesting the same. Council Member Palmeri questioned if there was a letter from the farmer's market voicing support of the SID taking over the downtown event or if that would be forthcoming. Council Member Herman stated it was forthcoming. He explained it was his understanding that the SID board had voted that they would be in favor of co-sponsoring the farmer's market. He stated he believed if the SID did take the event over, it would be in the best interest of the City to waive the fees. Council Member Palmeri stated she could appreciate Council Member Pech's comments, however, the farmer's market was unique in that it ran 22 weeks out of the year. She explained the event provided a number of benefits to the community. Mayor Cummings clarified that the SID would not run the event. Council Member Herman stated that was correct; they were requesting to have the fees waived and sponsor the event. Council Member Pech stated sponsoring an event meant paying for the applicable fees. He questioned what the SID was willing to do. Council Member Herman stated the SID was requesting the fees to be waived. He explained for other events, the SID had not been required to pay special event fees due to being an'arm' of the City and if they sponsored the farmer's market, they believed the same treatment should apply. 25 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Mr. Rohloff explained the farmer's market had sent a letter requesting a fee waiver, despite previously being told no, and he believed the SID and the farmer's market organizers had been engaged in informal discussion. He stated he believed the SID was genuine in their offer to pay for the $15,000 parking utility if the special events fee was waived. Council Member Pech questioned what the next step was. Council Member Herman stated he felt the consensus of the Council was that the SID needed to put in a formal request. He explained he understood the SID believed sponsoring the event would be a benefit to the City as the event could continue and the SID would continue to pay the parking utility. Council Member Pech stated it would resulted in the City losing $9,000. Council Member Herman stated the City could potentially lose $15,000 as the SID was not mandated to pay parking utility. Mayor Cummings explained it was his understanding they were asking for the fees to be waived in exchange for paying $15,000 for parking utility, which they had already been doing for a number of years. Mr. Rohloff stated they had been paying for the parking utility, however, they were not obligated to do so. He questioned if Council would like the SID to formally make the request. Several Council Members stated yes. Council Member Pech stated he believed the SID would benefit from the farmer's market due to attendees visiting their businesses along Main Street during the event. He explained his concern was managing by exceptions. Council Member Palmeri explained Council had made several noteworthy exceptions to policy including TIFs, and believed a long-running 22 week gathering of a significant portion of the central City could be defined as an exceptional event, and deserved that consideration. She stated Council had received numerous letters from downtown business owners indicating the positive impact the farmer's market had on their shops. Council Member Pech questioned if there was a specific number of years that defined history, making an event part of the culture of the community. 26 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Palmeri explained the continuity of 22 weeks was what she had been referring to;not that the farmer's market had been a historical event in the community. Council Member Pech stated there were organizations that may only have one event a year, yet have raised hundreds of thousands of dollars to benefit non-profits that provide services the City could not provide. Council Member Palmeri explained the City wanted to promote a healthy community and the farmer's market offered collaboration, continuity and a healthy perspective. She stated she believed Council should support that. Council Member Pech stated there were a number of events that promoted those same ideals such as walks, runs and family events. He explained the discussion began when the special event fees increased and there were events that would see their costs dramatically increase in the coming years. He stated it did not seem equitable to waive the fees for one non-profit and not for others. He explained he was the director for a special event that would see a significant increase in fees. He stated he would work to absorb those costs as he was aware that it was part of helping the community through the event. Council Member Palmeri explained Council had made special accommodations to prevent large corporations from leaving the City. She asked that people consider what the downtown would be like if the farmers market was not there. Council Member Krause stated the farmers market was unique, and when people consider moving to an area, a farmers market was an amenity they liked to have. He explained it brought considerable business to Main Street and needed to be viewed differently than other events, therefore he would support the BID's request. Mayor Cummings explained Council needed to understand exactly what the SID was requesting. Council Member Krause stated they were requesting to waive the fees. Council Member Allison-Aasby stated she believed the Mayor was interested in receiving a formal request. Mayor Cummings explained that was correct; he would like a formal request that included the details regarding the parking utility. 27 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Herman stated the SID was part of the City and was exempt from paying fees. He explained if they were willing to have the farmers market be a SID event, fees should be waived. Mayor Cummings explained he believed it was a slippery slope if Council started making exceptions for special events. Mr. Rohloff stated he had provided Council with five items that had received a response on the boards and commissions survey greater than 60%. He explained he would like direction from Council on which items they would like to make formal changes on by having City staff draft an ordinance. He stated they may not be ready by the next Council meeting as transition concerns would take time to work through. Council Member Pech stated he would provide his input regarding the long range finance committee following their next meeting. He explained combining the parking utility and traffic advisory review board made sense and there was considerable agreement amongst both groups. He stated the City Attorney did not recommend combining the rental housing committee with the equal housing opportunity commission, therefore he did not support that item. Mayor Cummings stated he agreed with the Grand Opera House advisory board combining with the landmarks commission. He explained Council needed to decide on a date for the changes to take place, as there was an election coming up, and individuals were appointed to the boards/commissions following the election. Mr. Rohloff recommended Council making a decision by March. Council Member Panske stated she supported consolidating the parking utility and traffic advisory review board, restructuring the long range finance committee and combining the Grand Opera House advisory board with the landmarks commission. She explained she did not support consolidating the rental housing committee with the equal housing opportuning commission or consolidating the bike &pedestrian committee with any other board/commission. Council Member Palmeri stated she supported consolidating the parking utility and traffic advisory review board, combining the Grand Opera House advisory board with the landmarks commission and consolidating the bike and pedestrian committee with another board/commission. 28 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Council Member Herman stated he would support consolidating the parking utility and traffic advisory review board, would wait to hear from Council Member Pech regarding the long range finance committee, supported combining the Grand Opera House advisory board with the landmarks commission, would follow the City Attorney's recommendation regarding consolidating the rental housing committee with the equal housing opportuning commission and would support combining the bike and pedestrian committee with parking utility and the traffic advisory review board. Mr. Rohloff stated City staff would not consider consolidating the rental housing committee with the equal housing opportuning commission as he had not heard any support for that item and would hold off on moving forward with the restructuring of the long range finance committee until after their meeting. He explained City staff would prepare ordinances for the other items and Council would be able to vote. Council Member Panske questioned if there would be an opportunity for the board members to speak about the potential changes. Mr. Rohloff explained he would direct City staff to put the topic on the next agenda for any of the affected boards/commissions. He stated he understood the parking utility board and traffic advisory review board had already discussed the proposed change, while the bike and pedestrian committee had not had the opportunity. Council Member Panske stated they had full agendas and meetings that lasted nearly three hours, and the topic had not received much attention. Mr. Rohloff stated he would direct City staff to put the topic on the next agendas for each of the impacted groups. Council Member Palmeri questioned if the members of the bike and pedestrian committee had not received the survey. Council Member Panske stated although they had received the survey, they had not anticipated it moving forward. Mr. Rohloff explained the chair person for the bike and pedestrian committee had shared that he was against combining with another board/commission. He explained recently, he had met with City Clerk Ubrig and other City staff to discuss liquor licenses. He stated Council had amended their policy in 2014 based on lack of activity on certain liquor licenses; City staff was directed to bring liquor licenses before Council after one year on inactivity. He explained despite City staff diligently doing so, the extensions had 29 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 continued. He stated they had also reviewed the licenses where the establishments were closed and some, not including Marion Road which had previously been reserved, had been inactive for longer than a year. He explained he believed liquor licenses were a tool for economic development, and making a change to the policy would not require an ordinance change. He stated he believed the inactive licenses should be returned to the City, creating a pool of available licenses, to promote new developments. He explained there were as many as 7 inactive licenses and he would include Marion Road in the potential pool, despite the fact that he had been protective of that reserved license in the past. He stated City staff was hesitant as it was difficult to take a license away from a business. He explained in the community he had worked in before, there was a waiting list, and when a license became available, the business at the top of the list would receive it. He stated if that business was not ready to utilize the license, they moved lower on the list until they were better prepared. He explained when applying for a license, businesses had provided Council a timeline, and it was required they be ready to utilize the license at the date they indicated or they moved back to the bottom of the list. He stated changing the way the inactive licenses were handled may make for a more effective economic tool. Council Member Panske stated she thought it was a great idea, as they were stuck in a pattern where the City was waiting for a development to happen instead of actively encouraging some of the entities to take action. She questioned if Mr. Rohloff had experience where this type of system hindered the sale of properties. Mr. Rohloff stated in general, if a property was for sale and had an interested buyer, that business typically contacted the businesses listed higher on the waiting list and requested that they contact the City Clerk to be moved down the list. He explained once they were at the top of the list, they would be able to apply and indicate that they had an active buyer. Council Member Panske questioned if the City Clerk's office was prepared to manage this sort of system. Ms. Ubrig stated yes; she would be able to prepare communication and start the list. Council Member Palmeri asked for an explanation of the licenses listed for 2017. Ms. Ubrig stated the licenses listed for 2017 would be brought before Council after the one year of inactivity expired. 30 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Mr. Rohloff explained there were 5 licenses that had been inactive pre-2017 and 2 available licenses. He stated with the licenses listed for 2017, there was a potential for additional inactive licenses to join the list. Council Member Palmeri stated she believed this was a good start to the conversation, and she would like to see something similar for City land that had been sitting stagnant. Council Member Herman questioned if under the current policy, Council had the ability to question inactive license holders. Mr. Rohloff stated yes, per Council policy. Council Member Herman stated he was referencing licenses that were listed in 2017; if a license was renewed for a year, and 3 months later there was still no activity, could Council have it brought back before Council. Mr. Rohloff stated he had not included the 2017 licenses in the numbers, and believed Council should honor what they had told those license holders and allow them to hold the license until July 1St. He explained he did not believe Council would need to address those until they had dealt with the 5 older inactive licenses and the 2 available licenses. He stated unfortunately they would have to hold revocation hearings to bring the licenses back to the City. He indicated City staff would start preparing something more formal for Council to work on. CITIZEN STATEMENTS TO COUNCIL Patricia Diener, 1316 Broad Street,stated she was pleased with the progress at South Park. She explained her father in law had recently passed away, and they were interested in purchasing his home and the lot next door. She stated she had been informed that when someone inquired about the property with the City, they had been told that a parking lot may be re-constructed near that location, and curb and sewer may need to be installed. She explained she believed there was sufficient drainage in that area, and questioned if additional plumbing would need to be added near the lot. Council Member Herman explained it would be dependent on what the City ordinance was related to re-construction of a parking lot. He stated although he was not certain what the ordinance said, if it indicated that curb and gutter would need to be installed, City staff would abide by the ordinance. 31 PROCEEDINGS OF THE COMMON COUNCIL—JANUARY 23, 2018 Ms. Diener stated there were additional individuals interested in the property, and she would like the plan commission to provide the correct information as she understood different parties were being told different things. She thanked City staff for cleaning up a property near her relative's house near a creek where a number of weeds had grown. She explained the Polar Plunge was February 171h and encouraged everyone to attend. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Palmeri stated she had attended the Oshkosh Healthy Neighborhoods Alliance meeting, and one of the goals for 2018 was putting together a handbook for neighborhood associations along with some type of mentorship program. She explained they would be a valuable resource to new neighborhood associations. She stated they were concerned about communication, both between the neighborhood associations themselves and the departments within City Hall, and they would work to improve those communication channels. She explained they were interested in having individuals being able to subscribe to the City Manager's newsletter, and she understood Mr. Rohloff was working with IT to make that happen. Mr. Rohloff stated it had been completed. Council Member Palmeri thanked the neighborhood representatives who had consistently showed up to the meetings. She explained there were some representatives who felt there could have been better information provided regarding the clear well program. She encouraged anyone interested in having their neighborhood formally recognized as an association to contact the planning services division. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated there was a variety of purchases that occurred at the beginning of each year, including that contracts that were renewed for 2018. He explained they utilized different firms for different purposes with an annual contract. He stated Oshkosh Corporation would be presenting the design of their facility on Monday, January 291h MOTION: ADJOURN (Herman; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 9:12 p.m. PAMELA R. UBRIG CITY CLERK 32