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HomeMy WebLinkAboutMinutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 26, 2019 REGULAR MEETING held Tuesday, February 26,2019, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Matt Mugerauer, Jake Krause, Tom Pech, Jr., Steven Herman, Deb Allison-Aasby, Lori Palmeri and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Palmeri read the Invocation. The Pledge of Allegiance was led Henry Brock from Martin Luther School. Mayor Cummings complimented Mike Stanley, Fire Chief and Dean Smith, Chief of Police, for the outstanding service their staff provided during the recent Highway 41 accident. Chief Stanley stated he and Chief Smith were grateful that the City provided the latitude and resources to be able to reach out into the surrounding community and assist when called upon. PRESENTATION Council Member Pech encouraged attendance of the annual Guns and Hoses Oshkosh firefighters vs. Oshkosh Police charity hockey game at the 201h Street YMCA on Saturday, March 2nd at 3:00 p.m. He explained the proceeds would be used to support NAMI (National Alliance on Mental Illnesses). Mr. Davis stated the Redevelopment Authority had been working with Merge, from Iowa, on the purchase of three parcels in the Marion Road development area. He introduced Brett Dahlstrom and Joy Hanneman from Merge. PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Mr. Dahlstrom and Ms. Hanneman presented their firm's proposal for development of the site. Mayor Cummings stated he was impressed by the fact that it was a 'lifestyle development' and not just apartments. Council Member Palmeri questioned if planning had discussed the implications of the potential rebuilding of the Oregon Street Bridge. Mr. Dahlstrom stated they had discussed that possibility in great detail. He explained the building design had been oriented to accommodate either scenario. Council Member Palmeri questioned the total number of units. Mr. Dahlstrom stated there would be 217 residential units. Council Member Palmeri questioned the request for a variance related to parking. Mr. Dahlstrom explained although they met the requirement through a combination of parking stalls, joint parking and on-street parking, there remained a variance of a few stalls compared to the zoning code. He stated because the project was mixed use, they could not utilize the first floor for parking, and could not go underground due to the water table. Council Member Allison-Aasby stated the presentation was one of the better and more genuine that had been brought before Council recently. She questioned how the project would be financed. Mr. Dahlstrom presented a value/cost comparison slide that demonstrated why they would ask for TIF assistance. He stated the opportunity zone would also make the project possible. Council Member Allison-Aasby questioned if capital had already been raised for the project. Mr. Dahlstrom stated yes. He explained he could provide a letter regarding the capital as well as a letter from a financial institution backing the project. He indicated they would also be applying for grants. 2 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Council Member Pech explained he believed the plan was well thought out and appreciated they were prepared from a capital standpoint. Council Member Mugerauer stated he appreciated that it was a true mixed used project and believed it would be a unique development of the riverfront. PUBLIC HEARING CONTINUED FROM FEBRUARY 12, 2019 Resolution 19-94 Approve Final Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main & Laterals (New & Relay), Water Main & Laterals (New & Relay) & Storm Sewer Mains & Laterals (New & Relay) Relating to Contract No. 19-05 / Oregon Street (West 16th Avenue to West 21st Avenue) Mayor Cummings declared the hearing closed. MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of the Oshkosh Public Museum Minutes from January 10, 2019 Receipt of Claims filed with the City's Insurance Company: A) Paul Markowski for alleged damages to vehicle from city plow B) Jason Newell for alleged damages to vehicle from city vehicle Resolution 19-95 Approve Initial Resolution for Special Assessments for Concrete Pavement, Asphalt Pavement, Sidewalk (New & Rehabilitation), Driveway Aprons, Sanitary Sewer Main&Laterals (New&Relay) & 3 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Water Main & Laterals (New & Relay) & Storm Sewer Main & Laterals (New & Relay) Relating to Contract No. 19-12 A) North Westhaven Drive (formerly Emmers Lane) (200' south of Omro Road to Omro Road) B) Omro Road (650' east of North Westhaven Drive to North Westhaven Drive) C) Edgewood Road (200' south of Shore Preserve Drive to Ryf Road) D) Kentucky Street (West New York Avenue to approximately 350' north) Resolution 19-96 Approve Professional Services Agreement for Construction Materials Testing for the 2019 Capital Improvements Program / Professional Service Industries, Inc. ($81,475.00) Resolution 19-97 Amend CIP & Approve Professional Services Proposal to Lee Recreation, LLC for Playground Design & Installation for Stoegbauer Park ($121,000.00) Resolution 19-98 Approve 2019 Operations Budget Amendments for: A) Fire Department - Fire/Safety Fund ($4,130.00) B) Inspections Division ($30,100.00) C) Convention Center ($40,000.00) Resolution 19-99 Approve Waiver of Purchasing Requirements & Authorize Staff to Negotiate Purchase of Fire Engine Apparatus Resolution 19-100 Approve Regional Fire Department Hiring Process Agreement between the Oshkosh Fire Department & Fox Valley Technical College Resolution 19-101 Rescind Personal Property Taxes — US Bank National Association ($1,088.87) Resolution 19-102 Approve Process for Review of Alcohol Beverage Licenses under Section 4-6 of the City of Oshkosh Municipal Code Resolution 19-103 Cancel Outstanding Checks; Write-off Delinquent & Uncollectible Accounts 4 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Resolution 19-104 Award Bid to Engebos Heating& Cooling for Bus Wash& Sign Shop HVAC Improvements for Transportation Department ($232,995.00) Resolution 19-105 Award Bid for Public Works Contract No. 19-05 to PTS Contractors, Inc. for Oregon Street (West 161h Avenue to West 21s' Avenue) Reconstruction ($7,258,523.29) Resolution 19-106 Award Bid to LaForce, Inc. for Exterior Door Replacements at Water Distribution Center & various Lift Stations for Water Distribution & Wastewater ($34,420.00) Resolution 19-107 Award Bid to MacQueen/Bruce Equipment for Street Sweeper for Storm Water Division ($274,749.00) Resolution 19-108 Accept Easements & Dedicate Street Right of Way East of Clairville Road, North of Wisconsin Southern Railroad Line (SWIP Expansion Area) Resolution 19-109 Accept Dedication of Street Right of Way for County Highway Y (Plan Commission Recommends Approval) Resolution 19-110 Accept Dedication of Street Right of Way for the 300-400 Block of Washington Avenue (Plan Commission Recommends Approval) Resolution 19-111 Approve Conditional Use Permit for a Group Development; Northeast Corner of Elk Ridge Drive & Ruffed Grouse Way (Plan Commission Recommends Approval) Council Member Palmeri asked for an explanation of the group development. Darryn Burich, Planning Services Manager, stated a group development was generally more than two groupings of buildings coming together on a site, which required a conditional use permit. He explained this development had six buildings. Resolution 19-112 Approve Special Event — UW Oshkosh Student Recreation & Wellness Center to utilize City streets for the UW Oshkosh Shamrock Shuffle 5K Run-Walk/March 16, 2019 5 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Resolution 19-113 Approve Special Event — DuTriRun Foundation to utilize Leach Amphitheater, Riverwalk & City streets for the Oshkosh Half Marathon & 5K Run/April 28, 2019 Resolution 19-114 Approve Special Event — Winnebago Audubon Society & Oshkosh Bird Fest Committee to utilize Menominee Park and Zoo for the Oshkosh Bird Fest/May 4, 2019 Resolution 19-115 Approve Special Event—Houge's Bar to utilize Menominee Park for Houge's Walleye Warm Up /May 25, 2019 Resolution 19-116 Approve Special Event — John Sakschek to utilize Opera House Square for the Franki Jo — Inspiration Celebration series / June 1 through September 28, 2019 (Saturdays) Resolution 19-117 Approve Special Event—Shawna McCarthy to utilize the green space near the Carl Schurz Monument at the corner of Washington Avenue & Lakeshore Drive for a wedding ceremony/June 1, 2019 Resolution 19-118 Approve Special Event —Oshkosh Yacht Club to utilize Menominee Park for the Oshkosh Yacht Club's Extreme Regatta / July 15 & 16, 2019 Resolution 19-119 Approve Special Event — Downtown Oshkosh Business Improvement District (BID) to utilize Market Street & Opera House Square for the Downtown Oshkosh Chalk Walk/August 3, 2019 Resolution 19-120 Approve Special Event—UW Oshkosh to utilize Menominee Park & City streets for the Titan 5K/August 3, 2019 Resolution 19-121 Approve Special Event—DuTriRun Foundation to utilize City streets & Menominee Park for Race the Lake /August 25, 2019 Resolution 19-122 Disallowance of Claim by Donna McMartin Resolution 19-123 Approve Agent Change for Combination "Class B" License, Combination "Class A" License, Combination "Class B" License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Allison-Aasby; second, Pech) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings 6 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 19-124 Create Section 8-1.2 Short Term Rentals MOTION: ADOPT (Allison-Aasby; second, Palmeri) MOTION: AMEND TO CHANGE THE LICENSE REQUIREMENT FOR PERSONS OPERATING A SHORT TERM RENTAL FROM MORE THAN 10 NIGHTS TO MORE THAN 16 NIGHTS EACH YEAR (Herman; second, Pech) CARRIED: Ayes (6) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Noes (1) Mugerauer VOTE ON AMENDED ORDINANCE CARRIED: Ayes (6) Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Noes (1) Mugerauer Rick Larsen, 170 Riverview Court, Appleton, explained he was Vice President of Community and Member Programs at EAA. He stated a letter had been provided to Council, requesting a change to the short term rental ordinance as it had been proposed. He explained AirVenture was unique and allowed the City to host a world-class event. He stated to accommodate over 600,000 attendees required coming up with means beyond the approximate 1,000 hotel rooms in the City. He explained EAA understood the reasoning behind the ordinance, however, also understood the intended impact was not the individual who rented once per year during AirVenture. He stated they requested that Council consider a change to the trigger period of the ordinance, from more than 10 nights to more than 16 nights. He explained the change would minimize potential unintended consequences caused by additional requirements imposed by the City. He stated more than 800 exhibitors were hosted during AirVenture, making it the largest aviation expo in the United States. He explained there was significant economic impact from AirVenture. He stated the 16 nights would be an acceptable solution that would allow EAA to continue to partner with the City and host the event. Council Member Herman stated the topic had been discussed at the Council meeting with State Legislators and 10 nights had been arrived at as a compromise. He explained he believed the ordinance was necessary because a number of people rented their homes, and they needed to explore the economic development impact EAA had on the 7 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 community. Council Member Mugerauer explained his concern with the number of nights not lining up with the State Statute was that it created more confusion. He stated an individual renting their residence at the threshold of 10 nights was required by law to get a county license that required a health inspection. He explained if the City selected a different number it would result in confusion as to what paperwork needed to be filed therefore for continuity's sake, the number should remain 10 and people should lobby in Madison for change. He stated he loved the AirVenture event and would like as many people to stay in the City as possible, however, without the confusion that the two different numbers could create. Council Member Allison-Aasby questioned if there would be a benefit to the 16 days as opposed to 10 days. Mr. Davis explained there would be less administrative time spent on the subject as there would be fewer permits issued. He stated it may result in less room tax because people may not be aware they need to pay room tax as well as a sales tax. Council Member Allison-Aasby stated the City needed to comply with the State, and had heard from the Convention and Visitors Bureau along with area hotels that if they were required to collect room and sales tax, those renting should as well. She questioned if EAA was willing to take the responsibility of sharing the information related to the requirements of the short term rentals, whether the requirement be 10 nights or 16 nights. She stated she wanted the City to remain business friendly and host the visitors, because wherever they stayed would be where they would spend money. She explained she did not want the responsibility of explaining the requirements to vendors and guests to fall on City staff. Mr. Rohloff explained education/marketing would be necessary, City staff had added a section in the ordinance that stated it would come into effect in August of 2019, with the intention that the information could be shared during this year's AirVenture, so that guests would know upon return next year that there may be some changes. Mr. Larsen stated EAA was willing to do their part in education, and understood that there would be an inconsistency between the State and the City law. He explained they intended to lobby the State in terms of what could be done to change the 10 day requirement. He stated EAA was ready to educate the individuals who would be most impacted, which would largely not be the general attendee, but the exhibitors. 8 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Council Member Allison-Aasby explained a number of exhibitors and attendees came to AirVenture for business purposes as well, from other countries and regions within the U.S. She stated she understood Council Mugerauer's point that when it becomes confusing, additional work would be created for City staff. Mayor Cummings explained a number of people stayed in the surrounding townships not realizing they were not actually staying within the City. He questioned if this may cause confusion for those individuals, as the City would have one requirement while surrounding townships had another. Mr. Rohloff stated there would likely be confusion regardless of the number of night requirement Council decided upon. He explained he believed there would likely be less confusion with a continuity of 10 nights, however, Council had explained both sides well and City staff would follow their decision. Council Member Palmeri questioned if the number of nights referred to a consecutive number of nights, or if it was cumulative over the year. Mr. Davis stated cumulative over the year. Council Member Palmeri stated she was conflicted as on one hand it was a difficult administrative and educational task, however, she could see where the 16 nights would help individuals who wished to host several shorter events. Mr. Davis explained that was true, and could then apply to Rock USA, Country USA and many other events that Oshkosh hosted. Council Member Krause stated he could see value in both options. He explained he supported EAA and in many cases individuals had been renting from the same Oshkosh residents for years. He stated he would support the 16 day requirement. Mayor Cummings explained Oshkosh and EAA were unique and Madison was attempting a 'one size fits all' requirement that resulted in difficulties within local communities. Council Member Palmeri questioned if it was 29 days was the trigger for the rental to go beyond the short term consideration. Mr. Davis stated it was 29 consecutive days and/or more than 180 days in a calendar year. 9 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Ordinance 19-125 Approve Amendments to Chapter 5, Article III, Section 5-18 Special Events, Marches & Public Assemblies MOTION: ADOPT (Pech; second, Herman) MOTION: AMEND FOR COUNCIL TO RETAIN AUTHORITY TO REVIEW REQUESTS FOR WAIVER OF FEES (Palmeri; second, Allison- Aasby) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri Mayor Cummings VOTE ON AMENDED ORDINANCE CARRIED: Ayes (6) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Mayor Cummings Noes (1) Palmeri Council Member Palmeri stated she believed the ordinance was in response to Council's request regarding revision or review of the City's special event policy, and understood that it removed Council's ability to approve applications for waiver of special event fees. Kathy Snell, Special Events Coordinator, explained Council had requested a review of the special events ordinance and within the review it had been discussed whether or not waiver of special event fees should remain within the ordinance. Council Member Palmeri stated she did not believe she would be able to support the item as she did not wish to tie up future Councils or future events that may want to apply for a fee waiver. She explained she hoped the special events policy, not just the fees, would have a more thorough review in the near future. She stated she could not support the ordinance at this time. Council Member Mugerauer explained he did not agree with taking away Council's ability to waive fees. He stated while it was not common practice it should remain under Council's discretion to do so. Council Member Krause stated he agreed with Council Members Palmeri and Mugerauer; if there was an instance in which Council wished to waive the fees, it was within their right to do so. Mr. Rohloff explained that was not the only change within the ordinance; other items such as the definition of marches had been revised. He stated if Council wished to retain 10 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 the right to waive fees, he recommended they amend the ordinance. Ms. Lorenson stated Ms. Snell's position had been added to the ordinance. Ms. Snell indicated a definition for block parties had been added. Council Member Palmeri stated although she did not have a concern for the other items within the ordinance, she did not want City staff to consider the review of special events policy complete if the ordinance was approved. Council Member Herman questioned what Council Member Palmeri would like to see as a further evaluation of the special events policy. Council Member Palmeri stated Council had several discussions regarding City staff review of special events policy, separate from fees, regarding vetting or prioritizing the special events that Council approves and recognizes. Council Member Herman explained the definition of a special event was in the ordinance. He questioned if she would like it further defined. Council Member Palmeri stated it was not necessarily the definition she was concerned with. She explained because of the growth of special events there had been discussion regarding vetting the types of special events that occurred. Council Member Herman explained there was an application review included within the ordinance. He stated he did not understand why more review was necessary when the City Attorney, special events coordinator and other City staff had already reviewed the ordinance and made the changes they deemed appropriate. Council Member Palmeri stated she believed some of the distinctions that had been discussed had been between family friendly events, those that had alcohol, the number of events and which events contributed back to the community. Council Member Herman explained he believed the ordinance covered those items. He stated it had been determined that Council would maintain control, and therefore could deny a permit and tweak fees. He explained if other Council Members felt there needed to be more added to the ordinance, a workshop should be held. Council Member Pech stated he believed the line of questioning was not applicable to the motion on the floor. 11 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Council Member Allison-Aasby explained she believed what Council Member Palmeri was alluding to was that during budget times there had been discussion regarding the amount of overtime for police and fire staff, which then was tied back to special events. She stated they had discussed those that were sports related versus drinking festivals, and how thin City staff was stretched during the summer months in particular. She explained she believed that was what Council Member Palmeri was referring to; not so much City staff's day to day procedures, instead, more of the unintended consequences of being Event City and how it related to the ordinance. Council Member Palmeri stated that was correct. Ordinance 19-126 Amend Chapter 4 Alcohol Beverages Ordinance Pertaining to General Requirements for Licensing & Use of License MOTION: ADOPT (Mugerauer; second, Allison-Aasby) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Ordinance 19-127 Approve Zone Change from Heavy Industrial (HI) to Heavy Industrial with a Planned Development Overlay (HI-PD) North of the Railroad Tracks, East/West of Clairville Road & State Highway 91 Intersection; a Portion of the Southwest Industrial Park (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Ordinance 19-128 Approve Request to Attach to the City from Town of Nekimi/ Swiderski Voluntary Attachment MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings Ordinance 19-129 Approve Closure of Oregon Street from West 161h Avenue to West 21s' Avenue, including the intersection of West 201h Avenue/Oregon Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 19-130 Amend Floodplain Overlay Zoning Ordinance to Adopt Flood 12 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Insurance Study Dated December 2017 for Sawyer Creek Hydrology & Hydraulics Analysis; Adopt Letter of Map Revisions date 3/27/2019 for Portions of Sawyer Creek; Adopt revised FEMA FIRM Map Numbers 55139CO215E, 55139CO330E & 55139C0310E; Create Flood Storage Districts (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Bernie Pitz, 617 W. Irving Avenue, stated he understood the City was adding more water flow into Sawyer Creek, which included portions that were private property and were taxed. He explained when a flood plain was added, there would be a loss of property. He questioned if property owners would be compensated. Darryn Burich, Planning Services Manager, explained they were not proposing to adjust the water that was being added. He stated the flood insurance rate maps were an engineering calculation, determined by elevations in the field. He explained City staff had been able to complete a number of improvements to the Sawyer Creek watershed that included new bridges and retention basins. He stated the flood maps and elevation had been impacted, and City staff was designating what the flood elevation was. He explained the elevation had already been in existence, the mapping needed to be updated to reflect the current situation. He stated they had proposed to adopt Federal Emergency Management Agency (FEMA) maps in order to participate in the flood insurance rate map program. James Rabe, Director of Public Works, explained they were not changing or adding any flow to the watershed. He stated the purpose was to update the study to use more commonly applied practices and the maps correlated to the analysis. Mr. Burich stated they had attempted to slow the flow by adding water basins, however, the water was still reaching the Sawyer Creek area. He explained the maps were an accurate depiction of the area. Mr. Rohloff noted that in the memo Mr. Burich had provided it indicated the purpose was to create a flood storage district, and to address Mr. Pitz's concern, the impact of the flood storage district development could not be done in a way that would cause an increase in the reginal flood elevation by removing flood storage volume. He stated the goal was to lessen the impact to property owners. Mr. Burich explained the vast majority of property owners had benefited by the actions of City staff. He stated the county still needed to approve the new flood storage districts, 13 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 and if they did not,he did not believe the FEMA maps would be approved. He explained creating the flood storage districts would maintain the volume of water within the property. Mr. Pitz stated residents downstream would be required to purchase flood insurance to benefit the residents upstream, which by law was considered trespassing. He stated City staff had dredged Sawyer Creek on his property without his permission. Council Member Pech clarified that City staff was using maps drawn by FEMA. Mr. Burich stated the FEMA maps were created based on a study provided by the Strand report. Council Member Pech questioned if this meant that City staff was following directive from a federal agency. Mr. Burich stated that was correct. Council Member Pech questioned how City staff could be breaking federal law, as Mr. Pitz had indicated, if they were following federal law under FEMA guidance. Mr. Rohloff stated City staff believed they were adhering to federal law. Mr. Burich stated there was a page dedicated to the process on the City's website under the planning division. Mr. Davis indicated that for the vast majority of property owners, it would improve their situation so they would not need flood insurance. Council Member Herman questioned if there had been public meetings for the affected property owners and if they had been properly notified of the activity. Mr. Rabe stated yes. Mr. Rohloff indicated approximately 450 notices had been mailed. Mr. Pitz stated the first information he had received about the project had been in the Oshkosh Northwestern. He explained he reached out to the zoning and planning department, which the article indicated was handling the project, and was told they did not know anything about the information as it was being handled in engineering. He 14 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 stated when he went to engineering, he was told they did not have any information, and he returned to zoning and planning, where he was again referred back to engineering. He explained he later received a letter with a map copy, and when he questioned the project was informed his land likely would not be impacted, although the City had already dredged on his property and taken property without just compensation. Mayor Cummings stated he was not aware where Mr. Pitz's land was located, and he was repeating himself while making accusations. He indicated property owners had been informed and there had been public meetings. Mr. Pitz stated he had attended the meetings although had not attended the joint meeting with the county as that was the night it stormed. Resolution 19-131 Approve General Development Plan for Industrial Uses in the Southwest Industrial Park (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings explained there was a joint workshop with the Oshkosh Area School Board scheduled for March 201h at 5:00 p.m. at their office located at 215 S. Eagle Street. Mr. Rohloff stated mental health and child poverty were the two topics on the agenda at this point. He encouraged Council to contact him with any additional topics they would like to discuss. Mayor Cummings explained Council should keep in mind the workshop typically lasted approximately an hour, and having too many topics could result in important discussions not having enough time. Council Member Mugerauer stated he understood the school board was not prepared to discuss anything related to transportation. He indicated there was a resolution that had been laid-over which needed to be brought back to Council and requested the school board be encouraged to have a discussion regarding the concerns even if it was brief. Mr. Rohloff explained it was his understanding the school board would like to carry the topic over until spring as they were not prepared to discuss it. 15 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Council Member Pech questioned at what point was there going to be actual discussion about transportation. Mr. Rohloff stated he would let the school board know that Council was prepared and wished to discuss the topic. Council Member Allison-Aasby stated it had been a third party group who had approached Council and asked for the transportation concern to be addressed. She explained she believed the school board should have time to determine their approach. She stated she did not believe they had been able to take the time to speak with the principals, teachers and students to determine the need. Council Member Palmeri stated there had been a task force of school board members that had met, and prior to the new superintendent, there had been an interim proposal from the former superintendent. She explained she agreed Council needed to grant the new staff time to have a meaningful discussion regarding student needs. Council Member Krause stated he was frustrated at the length of time this topic had been tabled. Mayor Cummings stated he recalled there had been one meeting of the task force, and the school board member who organized it had planned for additional meetings, although nothing ever came to fruition. Council Member Allison-Aasby stated while she understood her fellow Council Members' frustrations, it was the school board's jurisdiction. Mayor Cummings stated there had been a legislative meeting between Council and state legislators on February 251H Mr. Rohloff explained because the state budget had not been released, most of the legislators were non-committal as there was nothing to comment on yet. He stated they had suggested that a follow-up meeting may be appropriate after the budget was released and the joint finance committee scheduled meetings. He explained it would likely occur in early spring. 16 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 CITIZEN STATEMENTS TO COUNCIL Gen Steinhilber, 340 N. Westhaven Drive, stated she encouraged Council to restore parking on the east side of N. Westhaven Drive between Noel Court and the southeast corner of Springmill Drive. She stated they had started a petition in August which most of the neighbors had signed to restore parking along with bike lanes on both sides of the street. She explained they had attended a meeting with the traffic advisory board where a compromise of the proposed restoration had been achieved. She stated they attended a sustainability advisory board meeting, however, Jim Collins, Director of Transportation, had advised additional parking space would slow down traffic. She stated the option listed in item number 52 of the agenda showed an 8 foot parking area, 5 foot bike lane and 11 foot traffic lane on the east side of the street, while the west side would have a 5 foot bike lane with the 11 foot traffic lane. She explained this would satisfy the bikers and neighborhood. She thanked Council for their consideration. Council Member Pech stated Mr. Rohloff's memo indicated that no formal action was required by Council at this time. Mr. Rohloff explained that was correct, as the way the code was currently written, there was not anything that needed to be changed in terms of an ordinance. Mr. Rohloff stated when the weather improved, upon recommendation from the traffic advisory and sustainability boards could change N. Westhaven to accommodate both bike lanes and parking on the east side as well as bike lanes on the west side. Mayor Cummings thanked the citizens for their efforts with the petition and working with City staff. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained there would be a 'boots vs badges' basketball game on Wednesday, March 61h at 3:00 p.m. at the Menominee Nations Arena. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained Council had been provided a copy of the plan commission manual and reminded everyone of the important tasks and responsibilities those commission members had. 17 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Ms. Lorenson thanked planning staff for their assistance in compiling the manual. She indicated the most important part of the manual was the guidance/decision making sheets that explained various items that would come before the plan commission and Council, and spelled out the plan commission's role and the criteria that would be applied. Mr. Davis explained the City would like to encourage the public to participate in the various boards and commissions and was aware the City Attorney was working with other departments on educational pieces. Council Member Palmeri stated in the beginning of the manual, there was information regarding public meetings. She questioned if it was Ms. Lorenson's understanding that if a workshop were to be held after or prior to one of the boards and commissions meetings, that it should be noticed. Ms. Lorenson explained if a workshop was held it would be publically noticed. Mr. Rohloff stated fourth quarter preliminary revenue and expense statements indicated a nearly $900,000 surplus for the previous year. He explained after the audit was complete additional details would be provided. He stated Ellen Schmidt, the organizer for Sawdust Days, had made public statements that the event would no longer continue. He explained he had sent Ms. Schimdt a letter thanking them for the contributions of Sawdust Days for the last 47 years, while also indicating they had not paid any portion of their 2018 fees. He stated they had attended a meeting in November in which the group had requested a reduction in the fees, and City staff had advised if they could provide evidence that would support such a reduction it may be considered. He explained the group had not followed up thereafter. He stated City staff had been informed Sawdust Days had approached the Village of Winneconne, who took no action as staff recommendation had been not to approve the event. He explained the group still had an obligation to last year's charges and he would report on that issue as it progressed. He stated while it was a divisive issue, there was now the opportunity to open Menominee Park to the public on one of the busiest days of the summer. He explained there would likely be some type of event, albeit more modest than Sawdust Days, and the fireworks show and Fourth of July parade would continue. Council Member Pech questioned when the billing would have gone out for the 2018 event. Mr. Rohloff stated August of 2018. 18 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Council Member Pech indicated that meant they were nearly seven months past due. Mr. Rohloff stated that was correct, and they had been late in the past. He explained on one of the conditions for a special events permit was to pay outstanding bills, which meant Sawdust Days would not been eligible. He stated he had not had any response from Ms. Schmidt regarding his letter and was not certain if he would. Council Member Pech questioned if the bill became uncollectable, would it be funded by the taxpayers. Mr. Rohloff stated that was typically the case with any uncollectable bill. Council Member Pech questioned if City staff had been amendable with Sawdust Days. Mr. Rohloff explained in regards to the reduction in fees they had been asked to provide data and they had not done so. Council Member Palmeri questioned if the City obtained a deposit with special event billings. Ms. Lorenson stated City staff had the ability under the ordinance to do so, although it had not been a practice in the past. Mr. Rohloff explained Sawdust Days had previously paid their bill within 30-60 days, aside from the other instance in which they were delinquent. Mayor Cummings questioned if there would be an interest charge for the delinquent bill. Mr. Rohloff stated yes. He indicated Hazel Street would experience construction in 2019, which would have made Sawdust Days difficult. He explained preparation had begun for implementation of monthly water utility service billing. He stated it was scheduled to begin April 1St; individuals would receive their final three month bills and switch to monthly. Council Member Herman questioned if individuals currently signed up for automatic withdrawal would be required to re-enroll. Mr. Rohloff stated no. 19 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 26, 2019 Trena Larson, Finance Director, explained citizens signed up for automatic payment would not need to re-enroll. She encouraged people to sign up for the e-mail billing and indicated the form was available on the City's website. Council Member Herman questioned if they would still receive a paper bill if they signed up for that option. Ms. Larson stated they would have the option to receive an email bill and a paper bill, or just the email bill. Council Member Palmeri explained there was a storm water credit for use of rain barrels or rain gardens that citizens could apply for. She questioned who they should contact in regards to applying. James Rabe, Director of Public Works, stated the engineering division could be contacted at 236-5065. Mr. Rohloff stated a truck had been purchased for the streets division through the State cooperative purchase agreement. He explained on Sunday, March 171h at 1:00 p.m. there would be a free family bingo event at the Senior Center. He stated State of the City was scheduled for Monday, March 18th. He explained he would miss the March 121h and March 261h Council meetings due to personal obligations. He stated he would be available if a closed session was necessary. He presented a video from Oshkosh Media promoting GO Transit. MOTION: TO CONVENE INTO CLOSED SESSION TO DISCUSS THE PURCHASE OF PROPERTIES AND/OR INVESTMENT OF PUBLIC FUNDS WITHIN THE CITY'S SOUTH SHORE REDEVELOPMENT DISTRICT PURSUANT TO SECTION 18.85(1)(E) OF THE WISCONSIN STATE STATUTES WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION(Palmeri; second, Pech) CARRIED: Ayes (7) Mugerauer, Krause, Pech, Herman, Allison-Aasby, Palmeri, Mayor Cummings MOTION: ADJOURN (Herman; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 7:53 p.m. PAMELA R. UBRIG CITY CLERK 20