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HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 10, 2018 REGULAR MEETING held Tuesday, April 10, 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 and Mayor Steve Cummings EXCUSED: Council Member Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Herman read the Invocation. The Pledge of Allegiance was led by Sophia Housworth, Drew Berndt & Celso Collins from Shapiro STEM Academy Council Member Allison-Aasby arrived at 6:04 p.m. during the Pledge of Allegiance. PRESENTATION Jon Urben, General Services Manager, explained the general services office had been tasked with collecting facility maintenance data from all City departments in an effort to provide the Council with a comprehensive, long-term understanding of City owned facilities. He stated a matrix had been created and provided to Council. He presented a brief summary of the data collection methodology of the matrix as well as City staff analysis and recommendations. Mr. Rohloff stated the results of the data collection confirmed Council's suspicions that City Hall and the safety building were in need of space needs assessments. He explained the next step was to explore a public safety staffing analysis, as the needs of the building would be dependent on the staff. He stated it would begin with the police department PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 and the fire department portion would take place after a new fire chief had been established. He explained part of the facility assessment would take place with the staffing analysis. He recommended beginning the facilities assessment for City Hall and the police staffing analysis first. Council Member Herman stated he agreed that City Hall, the police department and fire department needed to have space studies conducted. Council Member Palmeri questioned if it was feasible to have one consultant work on both the staffing analysis and spatial needs component to save on planning costs. She asked if the sustainability advisory board would be collaborating on the facilities portion of the analysis and if they would consider metal roofing. She questioned if the number of City staff within each location in the various facilities was recorded with the inventory. Mr. Rohloff explained each facility analysis went through each department to identify potential growth areas and were typically completed by architectural firms. He stated they had not yet collaborated with the sustainability advisory board on the analysis or items such as roofing, and he noted the recommendation. Council Member Palmeri stated she had read the lifespan of a metal roof on a residential home was near 50 years compared to 20 years with a conventional roof, and questioned if it would be similar for a commercial building. Mr. Urben stated City staff tried to find the most cost effective and energy efficient approach. He explained they had not had the opportunity to consider a metal roof in the past and would make sure it was on the radar for the architectural firm. Mayor Cummings explained the City Hall building had been converted from a former high school in the early 1960s when the population had been approximately 40,000. He stated the City had changed substantially and City staff was still operating in a building that was never originally designed as a City Hall. Council Member Panske thanked City staff for the matrix and the analysis. She stated she hoped City staff would maintain the matrix and keep it as an ongoing tool. Mr. Rohloff stated he agreed that it would be a valuable tool. Council Member Panske explained she believed it would be a document that could be updated for use by Council and City staff, as well as for public information. She 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 questioned in the event it was determined that there was spatial needs for City Hall, if City staff had a plan in mind as there was not much room for expansion of the building. Mr. Rohloff stated based on experience, the first step was to identify where growth areas were located, and seek out functional matches within the organization. He explained customer service departments such as finance and personnel typically would remain within the same location, while development departments such as community development and engineering would remain together. He stated it was premature to have a plan at this point. Council Member Palmeri questioned if the City's municipal buildings were entered into the GIS system with details such as square footage. Mr. Rohloff stated all of the City's buildings were in the GIS system and it may make sense to add the applicable data from the matrix. Mr. Urben stated Paul Greeninger, Safety and Risk Management Officer, maintained square footage and other data for insurance purposes. Mr. Rohloff indicated there were items applicable to moving forward with the spatial/staffing analysis on the agenda. He stated he believed there was value in placing the matrix on the website for the public to be aware of the status of the various City buildings. Mayor Cummings stated four of the buildings were historic and over 100 years old,which added additional complications to maintenance and renovation. CITIZEN STATEMENTS Danae Blabaum, 823 Prospect Avenue, and Brandon Moeneh, 803 Grove Street,explained they were students at Oshkosh North High School and were present to express their concern related to conversion therapy and desire to prohibit the practice in the City. Ms. Blabaum stated Oshkosh would be the second City in Wisconsin to prohibit conversion therapy, Milwaukee had been the first, and nine states had prohibited the practice. Mr. Moeneh explained their goal was to help the prohibition go to a state level. He stated conversion therapy was a range of dangerous and discredited treatments and practices 3 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 that falsely claim to change an individual's expression, orientation and gender. He explained 698,000 U.S. citizens had been put through such treatment. Ms. Blabaum stated 350,000 adolescents, ages 13-17, had been put through conversion therapy, often facilitated by churches, and treated similar to those facing alcohol/drug addiction. She explained it often included hypnosis, medication, inducing nausea/vomiting and electric shock therapy. Mr. Moeneh explained risks of the therapy included depression, social withdrawal, low self-esteem, intimacy issues and suicide attempts. He reiterated that most individuals subjected to these practices were 13-17 years old. He stated the treatment had been discredited by the American Psychiatric Association and American Medical Association. Ms. Blabaum shared a story of an individual who experienced conversion therapy, who despite the hardship, was now an advocate for the LGBTQ community. Mr. Moeneh explained students were working at contacting various churches who were against the therapy and creating a video. He stated they hoped to increase awareness to let the public know this was an issue that was still happening. Ms. Blabaum asked Council for advice on what they believed the students' next step should be. She thanked them for their time and hoped they would take it into consideration to make Oshkosh a more diverse and accepting community. Council Member Palmeri questioned if they had any data related to how prevalent the practice was in the City. Ms. Blabaum stated they had a presentation that they would email to Council. Council Member Panske questioned if the students would like to provide additional contact information in the event there were those in the community with questions or would like to help. Ms. Blabaum provided her personal phone number. Council Member Panske thanked the students for their time and efforts. Council Member Pech stated in regards to the next steps, he recommended they contact state assembly and senate representatives for Oshkosh. 4 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Oshkosh Public Library Minutes from February 23, 2018 Receipt & Filing of Common Council Minutes from March 27, 2018 Receipt of Claims filed with the City's Insurance Company: A) Mike & Cathy Sobojinski for alleged damages related to sump pump B) Jessica Fonseca for alleged damages due to accident with a police vehicle Oshkosh Board of Canvass filing of the Official Statement of Votes Cast for the April 3, 2018 Election for Oshkosh Common Council declaring Steve Herman, Matt Mugerauer & Lori Palmeri as elected Resolution 18-180 Award Bid to Northern Divers USA Inc. for Water Intake Pipeline Inspection Services for Water Filtration ($21,400.00) Council Member Panske asked if this would be a service that would take place every other year. Mr. Rohloff explained he believed that was correct, and that inspections needed to occur on a regular basis. Council Member Panske questioned if it was an item that would be tied to a multi-year contract, or if it would go out for bid every other year. Mr. Rohloff stated it would go out for bid every other year. Resolution 18-181 Award Bid to Full Service Organics Management, LLC for Digester Cleaning Services for Wastewater Treatment Plant ($58,000.00) Resolution 18-182 Award Bid to Packer City International for Tandem Axle Dual Steer Truck Chassis, Monroe Truck Equipment for Tandem Equipment Package & Stepp Equipment Company for Mobile Leaf Blower for Street Division ($234,994.00) 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Resolution 18-183 Award Bid to Gartman Mechanical Services Inc. for HVAC Improvements for Parks Department ($78,410.00) Resolution 18-184 Award Bid for Public Works Contract No. 18-15 to Highway Landscaping, Inc. for Field Operations Biofilter Landscaping ($54,550.00) Resolution 18-185 Approve Professional Services Proposal from Te1Vue Corporation for Master Control Video System for Oshkosh Media ($55,923.20) Resolution 18-186 Approve Purchase of Manhole / Inlet Castings for Public Works Department ($113,000.00) Resolution 18-187 Approve Initial Resolution for Special Assessments — Contract No. 18-02 Libbey/Nicolet Watershed/North Main Street Area Detention Basin A) Geneva Street (Bacon Avenue to the north end of Geneva Street) B) Comet Street (450' north of West Smith Avenue to the north end of Comet Street) C) Jackson Street (Bacon Avenue to 450' north of Bacon Avenue D) North Main Street (from Libbey Avenue to Packer Avenue) Resolution 18-188 Approve Lease Extension with Fraternal Order of Eagles/William G. Spanbauer Memorial Field Concessions Operations (Advisory Park Board Recommends Approval) Resolution 18-189 Approve Conditional Use Permit for an Adaptive Reuse of a Mixed Use Structure; 320 Rosalia Street (Plan Commission Recommends Approval) Resolution 18-190 Approve Conditional Use Permit for an Aquaponic Facility & Thrift Shop; 753 North Main Street (Plan Commission Recommends Approval) Ritchie Cole, N9586 Van Dyne Road, Van Dyne, explained he was an associate pastor at Zion Lutheran Church and the general manager for Jericho Road Ministries. He stated they owned the building at 753 North Main Street,which had previously been a childcare center, and wished to open a thrift store and aquaponics facility. He explained the 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 process of an aquaponics facility. He stated the food that was grown would be used for their food pantry and eventually sold to market. Council Member Palmeri stated the information that had been provided was professional and thorough and she believed it as a fantastic opportunity and use of the building. Resolution 18-191 Approve Fund Balance Reservations Resolution 18-192 Approve Distribution of Fisk-Gallup Trust Funds by Senior Services Division for Medical Services to Income Qualified Citizens Resolution 18-193 Approve 2017 End of Year Fund Transfers Resolution 18-194 Approve Amendments to 2018 Operating Budget — Unity In Community Celebration ($12,500.00) / Fisk Gallup ($16,295.00) & Buckstaff Redevelopment/TIF# 31 ($25,000.00) Mayor Cummings stated although the funds related to the Unity in Community Celebration had been donated, an amendment to the operation budget still needed to take place as it was recorded as funds in/funds out. Resolution 18-195 Approve Appointment to the Bicycle & Pedestrian Advisory Committee Resolution 18-196 Approve Operator License MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-197 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Located on the South Side of State Highway 91 between Clairville Road & State Highway 44 from Industrial to Commercial (Council referred back to Plan Commission at the November 28, 2017 Council Meeting) (Plan Commission Recommends Approval) 7 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Allison-Aasby stated she had been critical of the amendment in November, and had worked with Darryn Burich, Planning Services Manager, to physically tour the property. She explained that had helped put things into perspective and would be useful in the future, as while 'on paper' she had not been in favor of the change, seeing the physical site changed her mind and she supported the change. Ordinance 18-198 Amend Fire Code to Update References to the State Administrative Code for Flammable & Combustible Liquids FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-199 Amend Municipal Code Provision Adopting State Statute Regulating Purchase or Possession of Tobacco Products by Persons under 18 FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-200 Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Council Member Palmeri asked for an explanation of the proposed changes related to outdoor commercial entertainment in suburban mixed use and central mixed use. Darryn Burich, Planning Services Manager, explained they were moving outdoor entertainment from a conditional use process to a regular administrative process. Council Member Palmeri questioned if that meant it would no longer be vetted through the plan commission. Mr. Burich stated that was correct. He indicated it would go through the process of the development review committee to ensure it met other compliance codes. He stated while many of the locations were within planned developments and would therefore go through the plan commission process anyhow, there may be a future location that would not. 8 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Council Member Palmeri stated she understood there had been a recommendation to increase impervious surface area from 50 percent to 75 percent allowed in both suburban and central mixed use areas. Mr. Burich explained it already existed in suburban, and were running into a concern downtown where impervious surface areas were less than the suburban areas, therefore they recommended bringing the central mixed use zone inline. Council Member Palmeri questioned if the deletion of the indoor food production and greenhouse facilities from the listed zones meant facilities such as the new aquaponics facility would need to be permitted or if they would be prohibited. Mr. Burich stated at this time, it was being deleted from suburban mixed use as a reaction due to actions at the state level. He explained the state had largely taken away the City's ability to reject conditional use permits and City staff needed to review and recodify the conditional use permit ordinance. He stated a majority of the items would be brought back into the zoning ordinance in the future; it was a temporary protective measure. Mr. Rohloff explained it would give Council more flexibility in the future. Council Member Panske questioned if the aquaponics facility that was just approved would be able to proceed. Mr. Burich stated that was correct. Resolution 18-201 Designate Remainder of Lakeshore Site as a Community Park (Advisory Parks Board Recommends Approval) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby David Borsuk, 100 N. Main Street Apartment 612, explained he was in favor of the conversion of the municipal golf course into a park. He stated there was a demonstrable lack of park space within the City and the park could be used year round by all members of the community. He explained there were ample golfing opportunities within the community and there was no longer a need for a municipal golf facility. Tony Dirth, 317 E. New York Avenue, stated he believed turning the space into a park was a good idea, and maintaining a portion of the site as a golf course or keeping space 9 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 reserved in hopes that there would eventually be a golf course would add unnecessary expenses. Council Member Panske questioned what the plan was for the memorials located on the remaining land. Ray Maurer, Parks Director, explained City staff had attempted to make contact with the families of any memorials located on the Oshkosh Corporation site. He stated the memorial trees would either be relocated onto the remaining park property or relocated to a different park. He explained the benches would be maintained until it was determined what would happen with the remaining acreage, as they may be utilized on the new park site or along the trail. Council Member Panske questioned how receptive the families had been. Mr. Maurer stated most of the families had approved the relocation of the memorials to the remaining acreage. He explained some families had requested the plaques that were affixed to the memorial benches. He stated memorial bricks located in front of trees would be relocated as well. Council Member Panske questioned who the families should contact with questions or concerns. Mr. Maurer said they could contact him or Sill Sturm, Landscape Operations Manager. Council Member Herman stated there had previously been 3 public information sessions where 3 diagrams were displayed that showed different potential site plans for the remaining acreage. He questioned who had made the decision to share the diagrams with the public, and why there was not a 9-hole golf course included as one of the options. Mr. Davis explained that had been when the City was preparing a proposal for Oshkosh Corporation, and City staff had gathered community input prior to submitting the proposal. He stated the diagrams gave the public an idea as to what could be completed, and would give Oshkosh Corporation an idea of what the neighborhood would look like. He explained he and the development team had come up with the general ideas, and the consultants Houseal and Lavigne created the graphics. Council Member Herman stated he understood then that it was the development team and Houseal and Lavigne that determined a 9-hole golf course would not be shown as a possibility. 10 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Mr. Davis indicated City staff had not been prepared to design a golf course in the time that was available. He stated it would have required hiring a golf course architect and other planning that they had not been prepared to do prior to submitting a proposal to Oshkosh Corporation. Council Member Herman questioned if a consultant would need to be hired to determine what could be done with the remaining acreage. He asked if that had been figured into the project cost, and if there was an idea of what the total project would cost. Mr. Maurer stated he did not have the exact figures at this time. Council Member Herman explained he believed there would be costs to items such as playground equipment and other amenities. He questioned if there was an idea of those costs at this time. Mr. Maurer stated it would depend on the public input process. Council Member Herman questioned how many rounds of golf had been played at Lakeshore in the 2017 season. Mr. Maurer stated 24,593. Council Member Herman explained those rounds would likely move to Westhaven Golf Course, as it was the only other golf course located in the City, and already experienced approximately 24,000 rounds of golf a season. He questioned how many golfers played in leagues at Lakeshore. Mr. Maurer stated there were 228 regular players and approximately 86 subs, of which 45 actually played, for a total of approximately 314 players. Council Member Herman explained he understood Mr. Maurer had met with citizens who had an interest in developing a 9-hole golf course in the future. He questioned what had been the outcome of those discussions. Mr. Maurer stated based on what City staff knew at that point regarding the potential sale to Oshkosh Corporation, they looked at which holes would be affected and which may be able to be reconfigured or reconstructed. He explained it was still undetermined where the roadways and access points would be, and they had estimated they could potentially reconfigure a 9-hole executive style course. He stated there had been discussion on whether the golfers felt it would be appropriate to have a 9-hole course in 11 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 the City based on the number of courses in the area. Council Member Herman explained POLCO had been used for the first time to ask what the public would like to see on the remaining acreage. He questioned if 2% of the population of the City was a sufficient amount of surveyed citizens to get a feel for what the community would like on the site. Mr. Maurer stated the expert opinion of the POLCO staff who conducted surveys for a living was that the survey was representative of the community and scientifically valid. Council Member Herman questioned if talking to the general community as opposed to the golfing community was the best approach. He stated he believed there was information yet to collect and he believed the golfing community should have been more involved. Council Member Allison-Aasby stated while she could appreciate the remaining acreage being used as a golf course she could also appreciate a community park. She questioned if there was enough information available to make a decision about what the land should be used for. She stated whatever was placed on the property would be in place for a long time and she was unsure if the community was ready to make a decision. She explained she was not comfortable voting at this time as she believed it was too early to decide. She stated she believed Oshkosh Corporation was open to a number of options for the remaining acreage. Council Member Herman questioned how much acreage would remain after Oshkosh Corporation had completed construction, and the roads/access points were complete. Mr. Davis stated that was yet to be determined. Council Member Herman questioned why a decision was being made without that information. Mr. Davis explained they were aware of the remaining space within an acre or two; approximately 70-75 acres and the road was yet to be determined. Council Member Herman questioned how much acreage the extension of Koeller Street would take. Mr. Davis stated the right of way and the area south of the road could encompass an additional two acres. 12 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Council Member Herman explained he understood that it was yet to be determined how much acreage would be left, as Oshkosh Corporation had to adjust their space due to wetlands. Mr. Davis stated Oshkosh Corporation had a site plan that showed the exact location of the building, which had been adjusted to avoid wetlands. He explained the City would need to do the same with the road design. Council Member Herman explained he believed there were too many unknowns and he was disappointed that City staff had not incorporated the opinions of the golfing community. He stated the golf course had been a part of the community for 100 years. He explained he was in favor of benefiting the entire community, however, he felt there was no decision left for Council as it appeared the decision had already been made. He stated the specifics of the space would remain undetermined until Oshkosh Corporation's construction, the roads and riverwalk were complete. He explained he understood there would be a cost to maintaining a portion of the golf course for the future, however, there would be costs to maintaining the site for the future in general, such as grass cutting, a land study and other items. He stated he believed the decision was being rushed. He explained he believed not consulting the golfing community was disrespectful. He stated he did not believe it was the appropriate time to make a decision. Mayor Cummings stated it came down to a decision between having a golf course and not having a golf course. He explained if there was not to be a golf course, the most logical use for the space was a park. He stated the park would be open to the entire community as opposed to a restrictive golf course. He explained the 18-hole golf course had lost money and believed a 9-hole golf course would lose even more money. He stated a park would be more inclusive to the general community and golf was a sport that was dwindling in its appeal. Council Member Pech stated he had sentimental ties to the golf course and believed the City made the right decision. He explained there had been substantial talk about developing a 9-hole golf course, with little follow through by those promoting the idea. He stated he was sad to see a 100 year tradition die, however, a golf course was present only for the use of golfers. He explained the community had been vocal about the City's lack of public park space. He stated this was an opportunity to address that situation. He explained people had the opportunity to reach out to Council and he had not received communication from any golfers since prior to the sale to Oshkosh Corporation. He stated as a Council Member he made decisions in the best interest of the whole of the community, and would therefore support the decision to turn the remaining acreage into a park that the entire community could use. 13 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Council Member Panske stated it was her understanding that the designation of the remaining acreage stemmed from City staff needing to be aware of how to maintain the site. Mr. Maurer explained that was correct; there would be different maintenance needs and costs to maintain future parkland versus a golf course. Council Member Panske stated she supported the designation of a community park. She explained she was concerned with the timeline. She questioned if the land was designated parkland, why there needed to be such a short timeline of 9 months for a proposal for the development of the remainder of the land. Mr. Maurer explained the 9 months was the timeline to complete public input sessions to allow for the development of a master plan for the park to begin. He stated if it was decided the golf course would remain, there was not City staff and supplies in place to accommodate that designation, therefore the parks department would need to move quickly. Council Member Panske questioned if the property was maintained as a park, what harm would there be in waiting until the public provided input and Oshkosh Corporation construction was complete. Mr. Maurer stated there was no concern related to maintaining the grounds as parkland. He explained City staff would be able to delay creating a master park plan if that was Council's wish. Council Member Panske explained she was comfortable with the parkland dedication and was not comfortable with any sort of timeline for the master plan for the park. She stated while she did not see a need to rush the plans of the park, she understood the need of the parks department to be aware of what they needed to maintain. Mr. Maurer stated he understood and would respect the consensus of Council. He explained citizens were going to want to see plans for the park, especially as the plans for the riverwalk were in place due to grant funding. Council Member Palmeri stated she would support the designation as it was a general plan that would allow the parks department to adequately maintain the remaining acreage without deciding specifics at this time. She explained there were a number of citizens who had agreed to support the sale of the acreage to Oshkosh Corporation under the belief that the remaining space would become parkland open to the entire 14 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 community. She stated the League of Women's Voters had conducted a study that reflected how lacking the City was in parkland in terms of acreage versus the population, and therefore would support designating the space as a community park. Council Member Herman explained he was not advocating for the golf course or the park; he was expressing his disapproval of the process. He stated it had happened with several projects during his time on Council where decisions were made long before they were presented to Council. He explained City staff was supposed to work collaboratively with Council and he did not see that happening all of the time. He stated he did not believe it made sense to delay the designation, or that it would necessarily make sense to have a 9- hole golf course. He noted it had been mentioned that there were other golfing locations in the community, although there was only one golf course remaining in Oshkosh; the rest were located in the townships and the revenue would leave the City. Resolution 18-202 Approve Capital Catalyst Matching Funds from Economic Development Revolving Loan Fund MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Pech explained the grant would expand the capital catalyst fund, which had been a useful economic tool and great benefit to the community. Council Member Panske noted housekeeping items in the memo from the Greater Oshkosh Economic Development Corporation. Resolution 18-203 Approve Specific Implementation Plan for Oshkosh Corporation Global Headquarters; 2175 Punhoqua Street (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (6) Herman, Panske, Pech, Palmeri, Allison-Aasby, Mayor Cummings Present (1) Krause Council Member Panske asked for a verification of the number of vehicles that would be permitted to be displayed outdoors. Mr. Davis stated the consensus at the plan commission had been 8 vehicles. 15 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Mayor Cummings stated he had been impressed by the plans and how they far surpassed the City's requirements. Resolution 18-204 Approve Preliminary Plat Known as Pickart Estates; North 3300 Block of West 91h Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Herman explained it had been brought before the parks board as there was designated park space. He stated there would be approximately 1.6 acres of parkland available for public use as the development progressed. Ray Maurer, Director of Parks, stated they had discussed staking out the park area in the near future. Council Member Herman explained the development would be support the goal of additional single family homes in the City. Council Member Palmeri asked for an explanation of the park land dedication versus the payment in lieu of land. Mr. Maurer stated at the plan commission meeting there had been discussion regarding the park property. He explained at the time, the developer appeared to be short on the required park acreage, which had initially resulted in a combination of payment and dedication of land. He stated since that time he had been able to meet with the developer and secure the additional required parkland through an additional lot, which resulted in the developer having slightly over the required amount of parkland. He explained City staff would need to come up with a purchase price for the approximate .15 acres. Council Member Palmeri asked for an explanation of the maintenance agreement of the property owners. Mr. Davis explained that was related to an out-lot and not the park, which was too skinny to be built on. 16 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there was a workshop with the School Board scheduled for Monday, April 301h Mr. Rohloff explained he was open to topic suggestions and believed school security was an important topic in light of recent events. Mayor Cummings stated there was a workshop on the 2019-2023 ambulance contract with outlying communities on May 81h prior to the Council meeting. Mr. Rohloff explained it was a goal of Chief Franz to begin the contract process prior to his retirement, and he wished to discuss policy issues with Council as well. Mayor Cummings stated the City provided ambulance service to nearly the entire county outside of Neenah and Menasha. Mr. Rohloff indicated service was provided to any municipality south of County Road GG, outside of Vinland and the Town of Oshkosh. Council Member Pech questioned if designating the Council Members to the transportation working group could be delayed until the newly elected Council met. Mr. Rohloff stated that would be appropriate. Council Member Allison-Aasby stated she had recently discussed the future transload facility with Darryn Burich, Planning Services Manager. She explained Council was largely unaware of the workings of such a facility, and had questioned if there was a similar facility within driving distance that Council would be able to visit with City staff. Mr. Rohloff explained he appreciated the idea, however, the future transload facility was the only one in all of Northeast Wisconsin. He stated he would research facilities in the state, and while a trip to the facility may not be feasible, perhaps they could obtain video footage. Council Member Allison-Aasby stated she had travelled in the past at her own cost to tour applicable sites, and she knew the Mayor had in the past as well. She explained a video may not be enough to give a true impression. 17 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Council Member Herman agreed. He stated any information that Council would be able to gather on what would be appropriate in the area of the future facility would be beneficial, and there was a goal to develop a marketing plan for industrial land due to the City having ample land and needing funds. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Palmeri explained there was a 5K for the National Alliance on Mental Illness (NAMI) to promote mental health and suicide awareness on May 51h. She stated the organization was an impactful resource in the community and the 5K was their main source of funding each year. She encouraged individuals to register and support the event. Mayor Cummings stated he had been approached on multiple occasions regarding refugees not receiving any response from their landlords regarding housing problems. He explained he would like to form a taskforce to identify how the refugees could be helped after arrival, especially in relation to trouble with their housing and landlords. Kathleen Propp, 1936 Hazel Street, stated she was actively involved with refugees and believed the rental advisory committee may be able to address the housing concern. She explained refugee housing concerns were the same as low-income housing concerns. She stated there was a communication barrier due to the difference in language between the refugees and the landlords. She explained she believed each refugee needed an American advocate. Council Member Panske explained she believed this may be an appropriate topic for the School Board workshop. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated it was National Library Week, April 81h-141h, and 80 local businesses had participated in sponsorship. He explained an individual could show their library card at participating businesses for a discount, and receive a ticket to enter at the library for a drawing. 18 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Council Member Panske explained Oregon Street was under construction, and a number of Oregon Street businesses had participated in National Library Week. She stated although the businesses may be difficult to get to, they would appreciate the public's patronage. Mr. Rohloff explained the professional services agreement with Matrix Consulting Group was for police staffing analysis, which had been discussed earlier in the meeting. Council Member Herman questioned if the analysis would be based on calls of service, geographic areas and time it took to process the calls. Dean Smith, Chief of Police, explained that was one component of the analysis. He stated it would also examine the type of policing that was conducted in Oshkosh. He explained the goal of the police department was to be proactive, and recently they had become more reactive based on the amount of calls for service that had been received. He stated the consulting group had experience throughout the country conducting similar studies. He explained they would analyze the police department's administrative function as well. Council Member Palmeri questioned how the data from the software the police department was purchasing would affect the staffing analysis. Chief Smith stated the software would not be implemented timely enough for it to have an impact on the analysis. He explained the consulting group did utilize 'hot spot mapping' that would delineate areas where the police department had large numbers of calls for service. Council Member Palmeri questioned in regards to assessing the gross patrol staffing requirement, what 'immediate future' referred to. Chief Smith explained after the analysis, he hoped to come back to Council with a short, medium and long term plan. Council Member Palmeri stated she believed in last year's budget cycle it had been identified that there was a significant number of retirements in the police department, public safety and City Hall as a whole. Chief Smith stated he had a conversation with a community member about diversity within the police department. He explained, as an average, it took approximately 100 applicants to find one qualified police officer. He stated there would be considerable work that would need to go into recruitment. 19 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 10, 2018 Mr. Rohloff stated the land on the future Oshkosh Corporation site was being prepped to complete archaeological work. He explained City staff was working with the Army Corp of Engineers to determine how the roadways could avoid the wetland areas. MOTION: RECESS UNTIL NOON ON APRIL 17, 2018 (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings The meeting recessed at 7:49 p.m. PAMELA R. UBRIG CITY CLERK 20 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 17, 2018 RECESSED MEETING held Tuesday, April 17, 2018, at 12:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Jake Krause, Tom Pech, Jr., Lori Palmeri, Deb Allison-Aasby, Steven Herman, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Tim Franz, Fire Chief CITIZEN STATEMENTS There were no citizen statements to Council. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 18-205 Resolution of Support to Provide Matching Funds for Wisconsin Department of Transportation-Transportation Alternative Program Grant for Multimodal Trail Development through Rainbow Park MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings OTHER BUSINESS MOTION: ADJOURN SINE DIE (Panske; second, Herman) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings The meeting adjourned sine die at 12:03 p.m. PROCEEDINGS OF THE COMMON COUNCIL—APRIL 17, 2018 ORGANIZATIONAL MEETING held Tuesday, April 17, 2018, at 12:05 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Jake Krause, Matt Mugerauer, Lori Palmeri, Tom Pech, Jr., and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Tim Franz, Fire Chief Ms. Ubrig stated she administered the oath of office for newly elected Council Members Steven Herman, Matt Mugerauer and Lori Palmeri prior to the roll call. Mayor Cummings called three times for nominations of Deputy Mayor for the Common Council. Council Member Allison-Aasby nominated Lori Palmeri for deputy mayor. MOTION: CLOSE NOMINATIONS FOR DEPUTY MAYOR (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Herman, Krause, Mugerauer, Palmeri, Pech, Mayor Cummings Ms. Ubrig explained Lori Palmeri had been nominated for deputy mayor. MOTION: ELECT LORI PALMERI AS DEPUTY MAYOR CARRIED: Ayes (7) Allison-Aasby, Herman, Krause, Mugerauer, Palmeri, Pech, Mayor Cummings Ms. Ubrig declared Council Member Palmeri as deputy mayor. The Council seating assignments were decided as follows (starting with the seat farthest to the right of the Mayor): Deb Allison-Aasby, Steven Herman, Tom Pech, Jr., Mayor Cummings, Lori Palmeri, Jake Krause, and Matt Mugerauer. ORIENTATION OF CITY DEPARTMENTS FOR COUNCIL MEMBERS Mayor Cummings encouraged the newly elected Council members to complete the orientation of City departments. 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 17, 2018 DISCUSSION OF COUNCIL RULES Council Member Palmeri questioned if the civility pledge verbiage could be included in the Council rules. Ms. Ubrig indicated it was located in the handbook; she stated she would attach it to the Council rules. MOTION: ADOPT COUNCIL RULES (Pech; second, Mugerauer) CARRIED: Ayes (7) Allison-Aasby, Herman, Krause, Mugerauer, Palmeri, Pech, Mayor Cummings DISCUSSION OF AGENDA FORMAT Council Member Herman stated he believed the agenda format was working well and thought it made the Council meetings more efficient to not read each of the consent agenda items. He explained he did not believe there needed to be any changes at this point. Mayor Cummings explained it was helpful for Council members to reach out to City staff in advance of the meetings with any questions or to make them aware that they will be asked specific questions during the meeting. He stated it helped make for an efficient meeting and allowed City staff time to gather the applicable information. MOTION: ADJOURN (Allison-Aasby; second, Pech) CARRIED: VOICE VOTE The meeting recessed at 12:13 p.m. PAMELA R. UBRIG CITY CLERK 3 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN APRIL 24, 2018 REGULAR MEETING held Tuesday, April 24, 2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Matt Mugerauer, Lori Palmeri, Tom Pech, Jr., Steven Herman and Mayor Steve Cummings EXCUSED: Council Member Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Krause read the Invocation. The Pledge of Allegiance was led by Abbygail Wiedenhaft from Webster Stanley Elementary School; and, Alyssa Wiedenhaft from Webster Stanley Middle School PROCLAMATIONS Mayor Cummings proclaimed May 19, 2018 to be Kids to Parks Day in the City of Oshkosh. Chad Dallman, Assistant Director of Parks, accepted the proclamation and encouraged the community to participate in various activities throughout the City's parks. Mayor Cummings proclaimed May of 2018 to be Older Americans Month in the City of Oshkosh. Judy Richey, Chairperson for the Oshkosh Committee on Aging, accepted the proclamation and thanked Council for allocating funds to allow the committee to complete a strategic plan in 2017 and for the City's commitment to the aging population. PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Mayor Cummings proclaimed May 3rd, 2018 the National Day of Prayer in the City of Oshkosh. Mike Stratz, coordinator for the National Day of Prayer in Oshkosh, accepted the proclamation and invited the community to participate in front of City Hall on May 3rd at 12:00 p.m. PUBLIC HEARING Resolution 18-206 Approve Final Resolution for Special Assessments — Contract No. 18-02 Libbey/Nicolet Watershed/North Main Street Area Detention Basin A) Geneva Street (Bacon Avenue to the north end of Geneva Street) B) Comet Street (450' north of West Smith Avenue to the north end of Comet Street) C) Jackson Street (Bacon Avenue to 450' north of Bacon Avenue D) North Main Street (from Libbey Avenue to Packer Avenue) MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Approval of Cash Report for December 2017,January & February 2018 Receipt of Claims filed with the City's Insurance Company: A) Joyce Clark for alleged damages due to an injury at the Senior Center B) Lindsay Lee for alleged damages due to sewage backup Resolution 18-207 Award Bid to Michels Materials, MCC Inc. & Northeast Asphalt Inc. for Road Materials for Various Departments 2 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-208 Award Sid to Pomasl Fire Equipment for Power Assisted Ambulance Stretchers/Loaders for the Fire Department ($125,930.00) Mayor Cummings stated the bid allowed for the purchase of three assisted ambulance stretchers/loaders, which had been a long standing request of the fire department. Resolution 18-209 Approve Initial Resolution for Special Assessments for Pavement, Aprons, Sidewalk & Utilities Relating to Contract No. 18-12 A) Columbia Avenue (Algoma Boulevard to Vinland Street) B) Roosevelt Avenue (Hamilton Street to the end of the cul-de- sac east of Crane Street) C) Minerva Street (dead end south of Columbia Avenue to Linwood Avenue) Resolution 18-210 Approve Initial Resolution for Special Assessments for Storm Sewer Laterals Relating to Contract No. 18-20 & Contract No. 18-04 / Various Locations Resolution 18-211 Approve & Submit Wisconsin Department of Natural Resources 2017 Storm Water Program Annual Report Resolution 18-212 Accept Utility Easement;New Water Tower Site (RDA Recommends Approval) Resolution 18-213 Approve Agreement for Temporary Placement of Antenna Facilities; Sprint & T-Mobile (RDA Recommends Approval) Resolution 18-214 Approve General Development Plan Amendment & Specific Implementation Plan for Daycare & Outdoor Play Area; 1819 Witzel Avenue (Plan Commission Recommends Approval) Resolution 18-215 Approve General Development Plan Amendment & Specific Implementation Plan for Daycare & Parking & Storage Facility; 223 East Nevada Avenue (Plan Commission Recommends Approval) Resolution 18-216 Approve Settlement Agreement with George Kleinschmidt for Acquisition of Property & Approve CIP Budget Amendment for the Fernau Avenue Storm Water Detention Basin 3 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-217 Approve Special Event — Safe Routes to School East Central Wisconsin Regional Planning Commission to utilize City streets to hold the Oshkosh Bike Rodeo at the Kolf Sports Center/May 9, 2018 Resolution 18-218 Approve Special Event — Molly McGuire's (Tom Taggart) to hold their Graduation Beer Garden/May 11, 2018 Council Member Palmeri explained the event holders had requested to extend amplified music after hours or an extension for sales of alcohol for the following resolutions: 18-218, 18-219, 18-226, 18-227 and 18-231. She questioned if the event holders provided an explanation as to why they needed the extensions beyond what the ordinance indicated. Kathy Snell, Special Events Coordinator, stated at this time, the applicants submitted the times they were requesting with their applications. Council Member Palmeri explained with one of the applications, there was a letter attached which indicated they requested an extension as Council had granted it in the past. She stated they had not demonstrated a hardship as to why they would be unable to comply with the ordinance. Ms. Snell stated that was correct, and the applicant provided the letter each year. Council Member Mugerauer requested a more detailed explanation of costs to be included with the special event application information that was provided to Council for each special event. Ms. Snell indicated that would be provided. Resolution 18-219 Approve Special Event — Kelly's Bar (Danny Schultz) to hold their Graduation Beer Garden/May 11 & 12, 2018 Resolution 18-220 Approve Special Event — Oshkosh Garden Club to utilize the front grounds of the Oshkosh Public Museum for the Oshkosh Garden Club Plant Sale /May 19, 2018 Resolution 18-221 Approve Special Event — CLIC Foursquare Church to utilize Reetz North & South Diamonds at Menominee Park for the CLIC Memorial Day Softball Tournament/May 26, 2018 4 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-222 Approve Special Event — Oshkosh Patriotic Council to utilize City streets & the City Hall parking lot & Riverside Cemetery for the Memorial Day Procession & Services /May 28, 2018 Resolution 18-223 Approve Special Event — Disabled Veterans of America Chapter 17 to utilize South Park War Monument area for the Reading of Names Ceremony/May 28, 2018 Resolution 18-224 Approve Special Event — Aurora Health Care Oshkosh to utilize Menominee Park & City Streets for the Oshkosh Mindful Tri / June 2, 2018 Resolution 18-225 Approve Special Event—The Pampurr'd Pet to utilize Opera House Square for the Oshkosh Petfest/June 9, 2018 Resolution 18-226 Approve Special Event — Waterfest, Inc. to utilize the Leach Amphitheater for the Waterfest concert series / June 21-August 23, 2018 (Thursday evenings) Resolution 18-227 Approve Special Event — Oshkosh Festivals Inc. to utilize the Leach Amphitheater, Riverside Park & Parking Lot for Oshkosh Irish Fest /June 15-17, 2018 Resolution 18-228 Approve Special Event — Players Pizza/Pub & Peace Lutheran Church to utilize South Park for the Park Dance for the 101h Annual Park Dance /July 13, 2018 Resolution 18-229 Approve Special Event — Lifest Promotions to hold Lifest at the Sunnyview Exposition Center & to utilize Winnebago County Community Park for Lifest parking & 5K/July 11-15, 2018 Resolution 18-230 Approve Special Event — Party.0 Inc to utilize Red Arrow Park for the SplashKosh event/August 11, 2018 Resolution 18-231 Approve Special Event — Rotary Clubs of Oshkosh to utilize Menominee Park & City streets for Wisconsin's Best Ribfest & Fundraiser & Rib Run/August 31-September 3, 2018 5 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-232 Approve Special Event—Trinity Lutheran Church& School to utilize Menominee Park for the Make a Joyful Noise event /September 8 & 9, 2018 Resolution 18-233 Approve Special Event — ReThink Addiction Run to utilize Menominee Park& City streets for the ReThink Addiction Run Walk / September 8, 2018 Resolution 18-234 Approve Waiver for Cavanaugh's Carriages to allow horses in the city for the purpose of events through December 31, 2018 Resolution 18-235 Approve Appointment to the Parks Advisory Board & Board of Appeals Resolution 18-236 Approve Class "B" Fermented Malt License, Agent Change for Combination "Class B" License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Mugerauer) CARRIED: Ayes (5) Krause, Pech, Herman, Mugerauer, Mayor Cummings Present (1) Palmeri Council Member Palmeri initially voted 'no' on the consent agenda. Ms. Ubrig indicated the vote was being taken on the consent agenda, and questioned if she wished to pull an item. Council Member Palmeri stated she had. Several Council Members indicated Council Member Palmeri had questioned the items and not pulled them. Council Member Palmeri apologized. Ms. Ubrig questioned if Council Member Palmeri was requesting to pull resolutions 18-218, 18-219, 18-220, 18-226, 18-227 and 18-231. Council Member Palmeri stated yes. Council Member Pech simultaneously called point of order, stating the vote was 6 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 underway. He explained the resolutions should have been pulled prior to vote on the consent agenda. Council Member Palmeri acknowledged it was her error. Council Member Pech stated Council Member Palmeri had questions in regards to several items and had not pulled them. Council Member Palmeri explained she understood. Council Member Pech stated the point of order was the motion as it stood was on the floor and was being voted upon. ACTION TAKEN ON ORDINANCES &RESOLUTIONS Ordinance 18-237 Amend Fire Code to Update References to the State Administrative Code for Flammable & Combustible Liquids MOTION: ADOPT (Mugerauer; second, Pech) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Ordinance 18-238 Amend Municipal Code Provision Adopting State Statute Regulating Purchase or Possession of Tobacco Products by Persons under 18 MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Ordinance 18-239 Amend Various Sections of Chapter 30 Zoning Ordinance (Plan Commission Recommends Approval) MOTION: ADOPT (Mugerauer; second, Herman) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Council Member Palmeri asked for an explanation of the various changes. Darryn Burich, Planning Services Manager, explained the state had passed a statute at 7 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 the end of 2017 that indicated if there was a conditional use listed in the zoning ordinance, any application for that conditional use would need to be approved. He stated City staff was temporarily removing many conditional uses as a protection for the City. He explained it was not a permanent solution and many of the uses would eventually return to the districts as either a conditional use or permitted use. Ordinance 18-240 Remove Parking on the West Side of the Street & Designate Bike Lanes on North Main Street from Murdock Avenue to Snell Road FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-241 Designate Bike Lanes on Smith Avenue from Vinland to Jackson Street (Sharrows to be used from Jackson to N. Main Street, no parking removal) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-242 Approve Zone Change from Institutional (I) to Single Family Residential 9 (SR-9); Vacant Property 400 Block Monroe Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-243 Approve Zone Change from Single Family Residential Extraterritorial District (R-1 ETZ) & General Agricultural Extraterritorial District (A-2 ETZ) to Light Agricultural Extraterritorial District (A-1 ETZ); Property Located West of 3097 Clairville Road in the Town of Algoma (Extraterritorial Zoning Committee Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 18-244 Approve Agent Change for Menominee Nation Arena — Combination "Class B" License MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings 8 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-245 Approve Installation of New Sidewalks: A) Gibson Court, south side, from Fond du Lac Road to 170' east of Fond du Lac Road B) West 91h Avenue, north side, from Greenfield Trail to Graceland Drive West 201h Avenue, south side, Montana Street to Iowa Street C) West 29th Avenue, Oregon Street to 500' west of Oregon Street D) Jackson Street, east side, Bacon Avenue to 450'north of Bacon Avenue E) Jacob Avenue from Fond du Lac Road to 100'west of Fond du Lac Road F) Old Orchard Lane from Fond du Lac Road to 50' east of Fond du Lac Road MOTION: DIVIDE INTO TWO RESOLUTIONS: A-GIBSON COURT, B- REMAINDER (Palmeri; second, Krause) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Resolution 18-245A Approve Installation of New Sidewalks on Gibson Court, south side, from Fond du Lac Road to 170' east of Fond du Lac Road MOTION: LAYOVER TO MAY 8, 2018 COUNCIL MEETING (Mugerauer; second, Palmeri) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Resolution 18-245B Approve Installation of New Sidewalks: A) West 9th Avenue, north side, from Greenfield Trail to Graceland Drive West 20th Avenue, south side,Montana Street to Iowa Street B) West 29th Avenue, Oregon Street to 500' west of Oregon Street C) Jackson Street, east side, Bacon Avenue to 450'north of Bacon Avenue D) Jacob Avenue from Fond du Lac Road to 100'west of Fond du Lac Road E) Old Orchard Lane from Fond du Lac Road to 50' east of Fond du Lac Road MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings 9 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Kelley Duhatschek, 2816 Fond du Lac Road, stated she had received notification that sidewalk was scheduled to be installed, and she was confused as to why the City would designate to put sidewalk in such a small portion of street. She explained she had been informed it was for pedestrian ease, however, there were no other sidewalks to connect to, which did not make sense to her. She stated it was her understanding when the road was installed in 2004 it had been determined that there would be no sidewalk. She explained she had been informed that she and fellow property owners would not be responsible for construction costs related to the housing development Stoney Beach West, which was the only reason she could think of for the City choosing to install a sidewalk at that location. She requested that Council wait until there was a plan for what the sidewalk would connect to prior to installation. Steve Gohde, Assistant Director of Public Works, explained the Stoney Beach West subdivision was scheduled to have the remainder of the sidewalks installed this year, and the properties were not included in the list as it was originally included in the developers agreement. He stated the sidewalk along Ms. Duhatschek's property would provide a connection from the subdivision sidewalk to existing sidewalk on Fond du Lac Road. He explained due to drainage concerns on the north side, the south side was the only location the sidewalk could be connected. Ms. Duhatschek questioned if Mr. Gohde was aware that her property was not part of the subdivision. Mr. Gohde stated yes. Ms. Duhatschek questioned if he was aware that in 2004 it was decided that sidewalk would not benefit current property owners in the area, and that they would not be required to pay for anything related to the development that did not benefit them. Mr. Gohde stated he was aware of some of the concerns, although had not been aware that sidewalk was one of them. Ms. Duhatschek explained her understanding was that there would not be sidewalk installed, and if there was, existing property owners would not be responsible for the cost. Mr. Gohde apologized for being unaware of that discussion as he had not been employed in his role with the City at that time. Council Member Palmeri questioned if there was a map of the area of proposed work. 10 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 While Mr. Gohde looked for a map, Mayor Cummings invited the next citizen to speak. Rod Greene, 2816 Fond du Lac Road, explained Gibson Court had been included as part of the sub-development and prior to that there had been a vacant lot. He stated there had been considerable discussion with the City in April and May of 2004 about the road and development. He explained he had accessed the Council minutes online from those dates and noted an amendment had been passed that any improvements that were made would be evaluated on a case by case basis, and the cost responsibility would be attributed to whomever benefited from the improvements. He stated there had been an understanding that there would not be a sidewalk, and that there would not be any special assessments related to the subdivision. He explained the sidewalk was related to the subdivision as the only reason there was a street present was due to the subdivision. He stated they were concerned about the loss of trees, as there had already been 3 trees lost due to the construction of the road. He explained they were concerned that this would be ongoing issue as it was their understanding it had been decided in 2004 and they were now back before Council for the same concern. Council Member Pech questioned if the agreements Mr. Greene referenced were codified. Ms. Duhatschek stated it had been noted in the Council meeting minutes. Council Member Pech questioned if aside from discussion in the minutes, if the agreements had been officially codified by the City. Ms. Lorenson stated not that she was aware of, and prior Council would not bind future Councils indefinitely on whether or not sidewalks could be installed. Council Member Palmeri stated Ms. Duhatschek had mentioned they had been informed that the developer would be paying for any future sidewalks. She questioned if the developers agreement would be available to confirm if that was referenced. Mr. Gohde explained he did not have the agreement with him, and believed the development had gone through a form of foreclosure and been taken over by a different developer. He presented a map of the area and showed where the sidewalk was proposed to be installed. Mr. Greene clarified which lots had been developed and which remained vacant. Troy Hart, 3299 Old Orchard Lane, asked for clarification on where the sidewalk would be installed, as he believed there already was sidewalk where it was proposed. 11 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Mr. Gohde explained the limits described were approximate and the goal was to complete the sidewalk to Fond du Lac Road. Mayor Cummings stated the original developer was deceased and the development had gone through bankruptcy. He questioned if the original development plan showed sidewalks. Mr. Gohde explained the original development plan had sidewalks within the subdivision; he stated he was not certain about the adjacent lots. Mr. Rohloff stated the City's code would have required it at the time. Mayor Cummings questioned if there would have been a developers agreement at that time. Mr. Rohloff stated although it may not have been as elaborate as they were now, there would have been some type of agreement. Council Member Palmeri stated although she was in favor of sidewalks in the City, she believed in this instance there were too many unknowns about what had been decided in the past. She explained it made sense to separate Gibson Court from the remaining properties until more information was available. Council Member Pech questioned if dividing the resolution would create issues related to bidding and planning the project. Mr. Gohde stated it would not as long as it was not laid over for a considerable amount of time as the work was anticipated to start on June 1St Resolution 18-246 Approve Change Order No. 1 for Public Works Contract No. 16-22 Marion Road Water Tower Replacement (+$30,875.07) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings 12 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Resolution 18-247 Approve Special Event — Hmong Service Center, Inc. to hold the Hmong National Labor Day Festival at the Winnebago County Community Park/ September 1 & 2, 2018 MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (6) Krause, Pech, Herman, Palmeri, Mugerauer, Mayor Cummings Mai Vang, 1017 Kansas Street, explained while she believed there should be a Hmong event to celebrate the culture and share it with other Americans, however, the event was dividing the Hmong community in Oshkosh. She advised Council to look further into the concerns within the community prior to approving the event. Chang Moua, 3928 Brooks Road, stated he was the newly elected president of the Hmong Service Center and introduced his colleagues, Eric Xiong, Vice President, Peng Yang, Treasurer, and Matt Xiong, Secretary. He stated his advisors were Pao Xiong, Ki Yang and Chu Vang Lor, who were not present. He explained he believed the event would bring additional revenue to the City and would help build a relationship with local government. He stated he understood the event had been approved for the former president and requested that Council review the information and approve the event for the current president. Mee Yang, 2825 Prairie Wood Drive, explained she was the current president of the Hmong Service Center and had been re-elected for a second term of the voting members on November 5th, 2017, according to the organizations bylaws. She stated the individuals who just spoke were not members of the organization and had not paid their dues. She explained the Hmong Service Center was a non-profit organization founded in 1984 by the Hmong families who had moved to the Oshkosh area for the purpose of assisting families and individuals with economic, education, language and cultural barriers. She stated her husband's family had been one of the organizations original founders and she had been a voting member since 1987. She explained prior to 2000, the organization was primarily funded through local and state grants, and for the past 15 years had relied on funds raised through special events such as the Memorial Day and Labor Day weekend festivals. She stated due to poor and corrupt leadership, the organization had been left with nearly nothing after 15 years. She explained as the first Hmong female president, she was elected to restore the organization financially, as well as restore the necessary services and programs. She stated in 2016 and 2017 they had been able to raise over $160,000 and had allocated funds to help individuals and other organizations in need of assistance. She explained they were in the process of putting together language and cultural classes for Hmong youth or other interested individuals. She stated their 13 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 primary goal was to save to purchase a building to serve as the main resource center for both the Hmong community and the community at large. She explained it had not happened yet due to corruption and embezzlements by former leaders and believed with the City's help and support the dream could become a reality. She stated special events such as the Labor Day festival were vital to the Hmong Service Center. Council Member Krause asked for an explanation of the cost of the police staffing for the event. Dean Smith, Chief of Police, stated each event was reviewed on a case by case basis, and based on projected attendance and the ground, amongst other items, the police department determined its staffing levels. Mayor Cummings stated he had attended past events, and believed they were well run and organized. He explained Ms. Yang had been a valued member of the Unity in Community steering committee. Council Member Herman explained he understood there was a disagreement about who controlled the Hmong Service Center, and questioned if City staff was comfortable to issue the permit to the Hmong Service Center and not to an individual. He stated it was the City's job to make sure it was a safe event for the community, not to determine who was in control of the organization. Kathy Snell, Special Events Coordinator, stated yes. Council Member Herman stated he supported the event and understood there was a disagreement about who held the various elected positions with the Hmong Service Center. He explained the role of the City was not to become involved in that dispute, it was to issue the permit to the service center and ensure the event was safe. Council Member Mugerauer explained he believed there had been concerns in the past when the City was uncertain of who was an authorized agent of an organization. He questioned if there was any concerns from City staff regarding the lack of clarity regarding who the authorized representative of the organization was and who was liable for the event. Mr. Rohloff stated turnover on similar boards was common and if City staff had future concerns regarding the event, they had the ability to bring the concerns before Council and have the event permit revoked. He explained granting the permit gave the organization the time and ability to plan, and City staff believed it was appropriate to 14 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 award the permit at this time. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings explained a workshop with the school board had originally been scheduled for April 301h Mr. Rohloff stated the superintendent was unavailable for that date and the school board had invited Council to attend their regularly scheduled board meeting on Wednesday, May 23rd Mayor Cummings explained a workshop on the 2019-2023 ambulance contract with outlying communities was scheduled for May 81h at 5:15 p.m. Council Member Palmeri questioned if materials would be provided to Council in advance of the workshop. Mr. Rohloff stated that was the goal and Tim Franz, Fire Chief, was working to compile material. Mayor Cummings explained there would be a workshop on public works contracts with a date yet to be determined. Mr. Rabe stated he had been coordinating with the University of Wisconsin Transportation Information Center to develop a cooperative presentation. He explained they had determined 30-45 minutes prior to a Council meeting would not be a sufficient amount of time to convey the information. He stated scheduling a workshop on one of the 51h Tuesdays in a month would allow for ample time. He explained the individual from the university would be available on July 31St Council Member Herman questioned if it could be combined into a discussion on the preliminary budget. Mr. Rohloff explained the workshop may take nearly 2 hours due to the subject matter. Council Member Herman questioned if the workshop had been requested by Council Members. Mr. Rohloff stated that it had. 15 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 Mayor Cummings questioned if the 31s' was agreeable. Council agreed that it was. Mayor Cummings stated there was a presentation to the sustainability advisory board and Council by UWO students on their sustainability study scheduled for May Th at 6:00 p.m. Mr. Rohloff explained City staff had recently received an updated copy of Act 317,which was related to rental inspections. He stated the City would need to update the rental inspections policy and provide updates to all affiliated departments and organizations. He stated there would be a workshop meeting scheduled after June 1st Mayor Cummings stated although there would be financial restrictions, largely the act gave powers back to individual municipalities and was a positive step in the right direction. Mr. Rohloff explained he had received feedback from Council that they wished to begin discussions related to strategic planning prior to the workshop. He stated the all-day strategic planning workshop was tentatively scheduled for July 19th, and the all-day supervisory input workshop was tentatively scheduled for June 21St. He requested Council check their schedules. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained the Unity in Community event was scheduled for Saturday, May 51h from 11:00 a.m. to 3:00 p.m. at the Leach Amphitheater. He stated various cultures would be represented and encouraged members of the community to attend the free, family friendly event. He explained the 14 community lake fly art projects would be displayed. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the professional services agreement with Wolverine Fireworks Display 16 PROCEEDINGS OF THE COMMON COUNCIL—APRIL 24, 2018 was for the Festival Foods Firework Show, and was with the same company the City had utilized in the past, although there had been a name change. He explained he had been questioned when the ground breaking would occur for the Oshkosh Corporation headquarters, and indicated it would move forward once weather conditions improved. He stated the archaeological work was progressing despite poor weather. He explained the liquor license renewal season was in effect and he believed individuals who held liquor licenses that had been inactive for over a year and had applied for the license again should be subject to a non-renewal hearing. He stated those who had not applied for renewal would automatically return to the City. He recommended the hearings take place on May 22nd and explained he understood although it would be difficult, having more licenses available for those who were ready to use them would be a valuable tool for the City. He stated he had prepared two draft options for the consolidation of the Grand Opera House advisory board and the landmarks commission with the goal in mind of making the changes prior to the end of May. He explained Council had deferred action on the reformation of the human relations commission, and as the last of the reorganization of the boards/commissions was nearing completion, he believed it was an appropriate time to bring that back before Council. MOTION: ADJOURN (Pech; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:20 p.m. PAMELA R. UBRIG CITY CLERK 17