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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY 9, 2017 REGULAR MEETING held Tuesday, May 9, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Tom Pech Jr., Lori Palmeri, Deb Allison- Aasby, Steven Herman, Caroline Panske, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Panske read the Invocation. The Pledge of Allegiance was led by Falisha Lor & MacKenzie Zahn from Merrill Elementary School; and Bailey Boelter &Josephine Goetsch from Merrill Middle School PROCLAMATIONS Mayor Cummings proclaimed the month of May, 2017 as 'Building Safety Month' in Oshkosh and encouraged citizens to participate in building safety activities. He proclaimed May, 2017 as 'Historic Preservation Month' and encouraged citizens to recognize and participate in the observance. Shirley Mattox accepted the 'Historic Preservation Month' proclamation. She explained historic preservation was a significant part of Oshkosh; the City was one of four cities in the state (Milwaukee, Madison, La Crosse and Oshkosh) who applied for and received millions of dollars in historic tax credits from 2014 to 2016. She stated the total of tax credits over the course of the three years was over $500 million. She thanked Mayor Cummings for the proclamation. Mayor Cummings proclaimed May 7 through May 13, 2017 as 'National Travel and Tourism Week' in Oshkosh and encouraged citizens to participate in related events and 1 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 commemorations. Members of the Oshkosh Convention and Visitors Bureau accepted the proclamation. Dan Schetter, Chair of the Oshkosh Convention and Visitors Board, explained that tourism was a significant economic driver of the City. He stated Oshkosh had much to offer, having earned the name Event City, and Council recognized the importance of tourism which helped move the City forward. He explained Wendy Hielsberg had been the executive director of the Oshkosh Convention and Visitors Bureau and had recently accepted a position outside of the organization. He thanked Council for their recognition and Mayor Cummings for the proclamation. Justin DeJager, Marketing Manager for the Oshkosh Convention and Visitors Bureau thanked the Council, City staff and the community for their support. He explained Oshkosh had been in the top ten tourism municipalities in the state and hoped to be number 9 before year end. He stated seeing the City progress and develop was a major contributor to an increase in tourism. He explained they were looking forward to promoting Oshkosh as Wisconsin's Event City for years to come. Mayor Cummings proclaimed May 20, 2017 as 'Kids to Parks Day' for the 71h consecutive year. Chad Dallman, Assistant Director of Parks, accepted the proclamation. He explained there would be events at the Menominee Park Amusement Area and Zoo in addition to the normal park activities. He encouraged the public to attend and thanked the City and community for their support. Mayor Cummings stated he and Shirley Mattox served on the Landmarks Commission and had been working with the Convention and Visitors Bureau to develop a historic tourism program for the City to celebrate the history of Oshkosh and drive economic development. LICENSE STATUS UPDATES Mr. Rohloff explained there were representatives from two inactive license holders present while two other representatives were unable to attend. He stated he had requested the two inactive license holders (Packers Pub and Robbins) that were unable to attend this meeting to attend the May 23, 2017 Council meeting. He explained the 2 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Morgan District and Tower Associates had individuals present at the request of the City Clerk on behalf of Council. Mayor Cummings called forward a representative from the Morgan District, 228 W. 61h Avenue. Peter Lang, 2300 White Swan Drive, stated he was present as a representative for the Morgan District. He explained they were currently working to secure a tenant mix to proceed with the project and believed maintaining a bar/restaurant as part of the mixed use development. He stated it was a 27 acre site and requested additional time to work on the development. He explained it was his understanding that Council had retained a license for a different developer on the other side of the river, which acknowledged how important the area was to economic development. He requested Council to extend the same courtesy to the Morgan District as they continued with their development. Council Member Pech stated the license had been dormant for nearly 3 years, since November of 2014. Mr. Lang stated the demolition of the development that had been located on the site had been a large project. He explained there was complexity with the project as it was not just a single tenant building; due to the fact that it was a multiple tenant project it has taken more time than a traditional development. He stated the size of the project had created what he hoped Council understood were appropriate delays. Council Member Pech asked for an explanation of the timeline of the project. Mr. Lang explained he would have liked to have started construction this year, and hoped to begin construction next year. Council Member Pech questioned if there was a deadline. Mr. Lang stated he was not able to guarantee a deadline until he had tenants signed; he explained they were diligently working on progress. Council Member Pech questioned if there had been any contact from individuals looking for liquor licenses to develop new establishments. 3 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Ms. Ubrig indicated not at this time. Council Member Palmeri stated it was a concern to give an extension for an indefinite period of time. She explained there were still several trucks parked at the site and questioned if there was a deadline for them to be removed or if it was dependent on acquiring tenants. Mr. Lang stated prior to terminating the lease they would need to have a tenant and development plans. He explained as they moved forward and signed leases, they would begin development of blue prints, which was a several hundred thousand dollar endeavor. He stated that would allow them to secure and fix costs and move forward with City approvals. He explained the lease did have a termination clause that would allow them to proceed with development at any time, although the termination would be driven by the progression with tenants. Council Member Pech questioned what the general timeline was. He explained although he understood the development process, Council needed a general understanding of it. Mr. Lang stated he would like to begin development of infrastructure by year end although he was not able to guarantee that. He explained unless they had tenants he would not be able to promise that construction would begin at that time. He stated they were in negotiations with the grocery tenant which would drive the project forward. Council Member Pech stated the grocery store had a representative present at a Council meeting approximately a year ago and questioned the current status. Mr. Lang stated they were in negotiations related to the lease. He explained there were lease comments being exchanged and the grocery store had concerns related to the view corridor. He apologized for not being able to provide a deadline and explained he did not wish to make false promises. Council Member Allison-Aasby questioned if there had been any lease agreements signed for the development. Mr. Lang stated there were letters of intent and drafts of lease agreements being exchanged although they did not have any executed lease agreements. 4 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Allison-Aasby stated there had been rumors shared with Council indicating that there may not be a development. Mr. Lang stated they remained dedicated and forward moving on the project. He explained they worked on it on a weekly basis, invested funds and were committed to seeing the site developed. Council Member Krause questioned the number of trucks from Oshkosh Corporation that occupied the space. Mr. Lang stated he was not certain; the site was leased by acre not by number of spots for vehicles. Council Member Krause stated he understood that Oshkosh Corporation paid quite well for the space. He questioned if there was any plans to keep the space as a stocking lot for Oshkosh Corporation. Mr. Lang stated there was not; he explained they would prefer to have apartments and mixed use retail space on the site. Council Member Herman stated the City was investing millions of dollars into the river walk and he believed the development would be an important piece. He explained there was value to a liquor license and the City had one on reserve for the Marion Road development. He stated Council would need to trust that the developers were going to move forward with a project, and that the bridge would impact the situation. He explained he believed Council needed to continue to support the development through the existing TIF and other means. He stated the liquor license was an important tool for the developers and he believed Council should allow them to hold it. Council Member Pech stated the Council understood economic development. He explained there were questions related to timelines and details that needed to be answered to allow Council to make the best decision related to the inactive license. He stated it was not a lack of trust; additional information was required to make an informed decision. Mayor Cummings questioned what the next step would be. 5 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Ms. Ubrig indicated she would need direction from Council on whether to move forward with the renewal process or begin the non-renewal process. Council Member Pech questioned if Council chose to renew, if the renewal would last a year. Ms. Ubrig stated yes. Council Member Allison-Aasby questioned if a six month renewal was not recommended. Ms. Lorenson stated Council was not able to issue a six month renewal; Council would need to hold a revocation hearing if it was shorter than a year. Council Member Pech questioned if Council were to approve the license for a year, and if during that year there was no activity with the development, would they be able to revoke the license. Ms. Lorenson stated that Council would be able to request a revocation hearing. Council Member Palmeri questioned if they would be able to set the license for review in six months. Ms. Ubrig stated Council would be able to direct her to bring the license back to Council for discussion and request the developer to attend and provide a status report. Council Member Pech stated he would be in favor of renewing the license for a year provided the developer would deliver regular updates to Council, beginning six months from now. Mr. Lang questioned if he was referencing a formal update or emailing Council Members with information. Council Member Pech stated he simply meant keeping Council in the loop. He directed Ms. Ubrig to bring the status back to Council. Mr. Lang stated he would be happy to keep communication open. 6 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Ms. Ubrig stated Council would receive the license renewal for the Morgan District at the May 23, 2017 Council meeting. Mayor Cummings called forward a representative for Tower Associates, 2010 W. Stn Avenue. Charles Hertel stated he was an attorney present to represent Tower Associates, whose members were Tom Rusch and Dick Gabert. He explained the building, which had housed Mr. Cinders for more than 25 years, and lastly Hot Rod Willy's, had been taken back by his clients when the operator passed away in January of 2016. He stated since that time, they had actively been seeking tenants for the property through First Weber Realty Group. He explained First Weber had aggressively marked the property and there had been significant interest; in excess of 25 potential tenants have viewed the property. He stated negotiations had reached the point where leases were drafted, although they ultimately fell through. He explained although there was not presently a tenant lined up, Steve Hoopman, the realtor for the property, was prepared to provide Council information regarding the level of interest amongst potential tenants. He stated it was a great location and it was anticipated that the property would be leased, likely within the next six months. He explained he would be willing to provide Council with updates similar to those requested of the Morgan District. He stated the property had been actively marketed and he believed the property owner had done everything reasonable to find a new tenant that would utilize the liquor license. Council Member Panske questioned why the leases had fallen through. Mr. Hertel indicated it had been related to the amount of work that would be required to to bring the property to working order. He explained he was not able to provide names of interested parties,however, there had been several potential good fits for the property. He stated it had come down to dollars and cents along with bad luck. Council Member Pech asked for an explanation of the packet that Steve Hoopman had provided Council. Steve Hoopman, First Weber Realty, explained the packet included the marketing activities related to the property, including statistics regarding how many times the site received a 'hit' on an internet inquiry. He stated the owners had an opportunity to have a tenant with a sports bar, although they declined due to the number of sports bars near 7 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 the location, and preferred to have the location host a family restaurant. He explained the price had come down and it was being re-marketed at the lower rate. He stated he would re-contact formerly interested parties to inform them of the lowered price. He explained the restaurant industry was facing difficulties. Council Member Pech stated he understood that renovations would need to take place after a lease was signed. He questioned how long it would take until the establishment would be able to open. Mr. Hoopman stated it likely would take approximately 60 days. He stated the previous tenant had walked away from the property. He explained although there was some former equipment in place, there was still substantial clean up and renovations required. Council Member Allison-Aasby stated she agreed with what Mr. Hoopman had to say in regards to the restaurant industry. She explained that obtaining financing for a restaurant was difficult due to the high risk nature of the business. She stated she understood that it was well known that Mr. Engelman had troubles and his death was unexpected. She explained she understood the value in the location of the property and would support renewing their liquor license. Council Member Herman questioned if Mr. Hoopman was trying to sell the property in addition to leasing it. Mr. Hoopman stated no;he explained the property was part of the complex and was not for sale. Council Member Herman stated he agreed with Council Member Allison-Aasby and would support moving it forward to the next Council meeting for approval. He explained he believed it was a prime location and would have a tenant in the near future. Council Member Palmeri stated on the last page of the packet provided by Mr. Hoopman, there was an advertisement from First Weber dated March of 2016. Mr. Hoopman stated that was from when the property was first listed. Council Member Palmeri questioned besides the online marketing, were there any other printed pieces. 8 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Hoopman stated it was not his practice to routinely advertise in The Northwestern; he explained he primarily advertised on the commercial websites. Council Member Palmeri questioned if GO-EDC had access to the commercial sites. Mr. Hoopman explained they had access to all of First Weber's commercial listings although he did not believe they actively marketed them. He stated he believed if GO- EDC had a restauranteur contact them, they would likely connect them with the applicable information. Council Member Krause stated it appeared the asking price had dropped on more than one occasion. He questioned what the current price was. Mr. Hoopman stated he believed it was between$6,000 and$6,500, which included taxes, snow plowing, grass cutting and common area maintenance. Council Member Pech requested for Council to be kept updated on the status of the location. PUBLIC HEARING Resolution 17-226 Approve Final Resolution for Special Assessments — Eveline Street (Ceape Avenue to Bay Shore Drive) MOTION: ADOPT (Allison-Aasby; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings CITIZEN STATEMENTS Alex Kaufort, 512 Algoma Boulevard, explained he was an environmental studies major at UW Oshkosh, and some Council Members had attended their presentation on how the City would be able to save money with green initiatives in the future. He stated he and his classmates would provide Council with a report that included answers to the questions Council had asked. 9 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 CONSENT AGENDA Report of Sills by the Finance Director Approval of Cash Reports from October, November & December 2016 Receipt & Filing of Common Council Minutes from March 28, 2017 Receipt & Filing of Library Board Minutes from March 30, 2017 Receipt of Claims filed with the City's Insurance Company: A) Peggy O'Brien for alleged injuries from fall on ice at the Oshkosh Celebration of Lights at Menominee Park Resolution 17-227 Approve Conditional Use Permit for Light Industrial Use at 541 W. 101h Avenue (Plan Commission approved) Resolution 17-228 Approve Accepting Easements at Atlas Avenue & Global Resolution 17-229 Award Bid to Process Equipment Repair Services, Inc. for Grit Classifier Rehabilitation for Wastewater Treatment Plant ($82,500.00) Resolution 17-230 Approve Purchases with Enterprise Lighting LTD&Philips Lighting North America for Lighting Poles & Fixtures for Contract No. 17-07 - South Park Basin Retrofit Project ($82,634.05) Resolution 17-231 Amend Resolution 16-549 Granting Privilege in Street to Wisconsin Public Service for Installation of Soil Vapor Monitoring Wells at 303 Ceape Avenue & at Court Street South of Ceape Avenue Resolution 17-232 Amend Initial Resolution for Special Assessments — Contract No. 17-22 Sawdust District Improvements — Phase 1 to Include Grading & Graveling of the Street to Prepare for Pavement Council Member Palmeri questioned the resolution was specific to the Phase 1 grading and graveling aspect of the special assessments. 10 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Rabe indicated the proposed amendment was adding grading and graveling to the special assessment resolution that had been approved at a previous Council meeting. He explained when City staff had prepared the initial resolution, grading and graveling had been missed. Council Member Palmeri thanked Mr. Rabe for the clarification. Resolution 17-233 Approve Initial Resolution for Special Assessments— Contract No. 17-12 Miscellaneous Utility Improvements Resolution 17-234 Approve Participation in International City Management Association Retirement Corporation (ICMA-RC) 401 Governmental Profit Sharing Plan Council Member Pech stated the City was a governmental entity and not in the profit making business. He asked for an explanation of 'profit sharing plan' for the benefit of the public. Mr. Rohloff stated it was a retention piece of his contract that Council had approved in January of this year. He explained when City staff was reviewing different options they identified the International City Management Association Retirement Corporation (ICMA-RC) 401 Governmental Profit Sharing Plan as the solution that best fit Council's direction to create an incentive program. He stated it would be placed in a trust that would not be payable until 2020 as long as he remained in his current position. Council Member Pech explained it was the retention plan they had put together to keep Mr. Rohloff as City Manager for an additional 5 years. Resolution 17-235 Approve Inter-Governmental Agreement with Waukesha County to Provide Collection Services for Delinquent Accounts Receivable Council Member Palmeri asked for an explanation of the proposed agreement with Waukesha County. 11 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Rohloff explained the agreement was related to the City's non-ambulatory collection services; for that service the City had a separate contract with Life Quest Services out of Wautoma. Council Member Palmeri questioned what Waukesha County would be collecting. Ms. Lorenson indicated personal property taxes, unpaid bills or invoices, damage to City property such as hitting a street light and other similar items. Council Member Panske stated the agreement was described as a one year term with an automatic renewal. She questioned if it was possible to bring the agreement back to Council within the 30 day window necessary to terminate the agreement should Council so choose. She explained she would prefer to have an update from the finance department regarding the success of the agreement prior to an automatic renewal. Mr. Rohloff explained that was possible. He explained Council should provide that recommendation as direction to City staff as typically if a contract was satisfactory it was normally renewed without further action. Council Member Panske stated she believed it would be beneficial for Council to understand if the agreement was meeting the City's needs. Mr. Rohloff stated he would provide that information to Council. Resolution 17-236 Disallow Claim by Peggy O'Brien Resolution 17-237 Approve Appointments to Long Range Finance Committee&Rental Housing Advisory Board Council Member Herman thanked the individuals who had been newly appointed to the boards and commissions. He explained the role of boards and commissions was important to Council and the City and helped Council make decisions in the best interest of the citizens of Oshkosh. Council Member Pech thanked the new members for joining, especially Matt Mugerauer for remaining involved. 12 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Palmeri explained there were additional openings available and encouraged members of the public to apply. Council Member Pech stated a spot had been filled on the Long Range Finance Committee and an additional spot had opened. Resolution 17-238 Approve Operator & Taxicab Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-239 Approve Amendment to Municipal Building Code Chapter 7-34(C) to include Department of Safety&Professional Services Chapter 366 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Council Member Herman stated that he understood during a recent audit by the state, an item had been brought to City staff's attention that needed to be updated. He asked for an explanation of the update. Alan Davis, Director of Community Development, explained the State of Wisconsin audited the City's inspection program and they had identified that the municipal code had not been updated to reflect state code items. He explained the state code split buildings into existing and new buildings while the City's referenced both together. He stated the state recommended the City separate that and adopt both state codes separately therefore City staff was proposing to adopt the existing building code to satisfy state requirements. Council Member Herman questioned if there would be any changes or increase in cost to developers. 13 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Davis stated no; it was modifying existing City code to match state code, which had always been used to determine building code requirements. He explained there was no new code being adopted. Ordinance 17-240 Designate Bicycle Lanes & Modify Parking Regulations to Restrict Parking on West Side of Westhaven Drive from 91h Avenue to Patriot Lane FIRST READING; LAID OVER UNDER THE RULES Jim Collins, Director of Transportation, presented a map of the City's current bike lanes and where the proposed bike lanes were located. He presented a second map showing the current parking situation in the area. He explained he did not believe the proposed parking restrictions would have a significant impact. He presented a final map that showed what parking would look like with the proposed changes. Ordinance 17-241 Approve Zone Change from RH-35 Rural Holding District to HI Heavy Industrial District for Property Located North of Atlas Avenue & East of Global Parkway; Southwest Industrial Park (Plan Commission approved) FIRST READING; LAID OVER UNDER THE RULES Council Member Herman questioned if the ordinance was related to the transload stations. Darryn Burich, Planning Services Manager, stated it was related to the transload site. He presented a map showing where the transload site would enter. Council Member Herman questioned if the project was ready to go or if the delay was due to the lack of approval for the zone change. Alan Davis, Director of Community Development, stated they were waiting on additional steps including a wetland permit from the Department of Natural Resources and items related to the Department of Transportation grant. He explained he hoped to award a bid in early summer and contracts signed in May. 14 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Herman clarified that the zone change was an additional step in the process and not the final item necessary for work to commence. Mr. Davis stated that was correct; it needed to be complete prior to ground breaking of the transload facility. Council Member Herman questioned if the change was specific to the site and not the general area. Mr. Davis indicated the surrounding properties were already zoned industrial. Council Member Herman questioned if they were zoned heavy industrial. Mr. Davis stated that was correct. He explained the site would now match the rest of the industrial park. Resolution 17-242 Provide Recommendation to Wisconsin Department of Transportation (WDOT) for Jackson—Oregon Street Bridge MOTION: ADOPT (Pech; second, Herman) MOTION: AMEND TO ADD 'BE IT FURTHER RESOLVED THAT THE SELECTION IN NO WAY INDICATES THE CITY'S ENDORSEMENT OR ACCEPTANCE OF THE CURRENT INTERPRETATION OF WISCONSIN STATE STATUTES, SECTION 84.10 THAT ASSIGNS FINANCIAL RESPONSIBILITY TO THE CITY OF OSHOKSH (Pech; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings MOTION: AMEND TO SELECT ALTERNATE F/ON-ALIGNMENT LIFT BRIDGE RECONSTRUCTION (Herman; second, Pech) CARRIED: Ayes (4) Krause, Pech, Herman, Mayor Cummings Noes (3) Palmeri, Allison-Aasby, Panske VOTE ON AMENDED RESOLUTION CARRIED: Ayes (4) Krause, Pech, Herman, Mayor Cummings Noes (3) Palmeri, Allison-Aasby, Panske 15 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Peter Lang, 2300 White Swan Drive, stated he was a representative from the Morgan District and expressed favor in support of an on access draw bridge replacement. He explained he had previously expressed opposition to the high line flyover alternative as he believed the scale and structure of that option would not be cohesive with the downtown redevelopment efforts and investments that had been made into the river walk. He stated he was aware that the Wisconsin Department of Transportation had provided Council with illustrations, although he did not believe the scale was accurately portrayed. He explained they remained hopeful and appreciated Council's continued support through the bridge selection process as he believed the scale of the bridge would have a significant impact on the development. He stated if Council were to ask Two Brothers, they would explain that the overpass had an impact on their business. He explained he hoped Council would consider the character and community in addition to cost while making their decision. Kurt Koeppler, 1726 River Mill Road, stated he was one of the managing partners and owners of City Center. He explained he and his partners had several concerns including the ramp that exited onto Jackson Street being their primary exit in the event of an emergency. He stated there was 15,000 square feet of future development in the area and the lack of a proper exit would impact whether the property would be able to be developed. He explained the flyover bridge would severely impact exposure to their tenants, including Becket's restaurant, which was a staple of the downtown community. He stated it would be difficult for customers to get in and out as well as a loss of parking. He explained there had been millions invested into City Center and he believed it was a showplace for Oshkosh and he did not want to have that impacted by a high bridge that would block off exposure. Mayor Cummings stated the bridge would have significant financial implications for the City. He explained one of Council's main concerns was if a new bridge was constructed, the citizens of the City of Oshkosh would be responsible for the maintenance costs for the life of the bridge. He explained a bridge oftentimes became a focal point for a community. He stated they also needed to consider the lifespan of the other bridges within the community; although Council would only be able to provide a recommendation to the Wisconsin Department of Transportation (WDOT), it may become the template for other bridge replacements in the future. He explained Council had considered many opinions from the community and whatever decision they came to, the WDOT could choose a different option. 16 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Rohloff introduced Sill Bertrand from the WDOT and explained they had multiple discussions related to funding concerns although that was not his area of expertise, his focus would be on the structure and design. Council Member Pech questioned how the City's input would influence the WDOT's decision. Sill Bertrand, Wisconsin Department of Transportation (WDOT), explained the City's input would have significant impact on their decision. He stated the ultimate responsibility for the final decision did reside with the WDOT. He explained if the City voted for a replacement option, they recognized that state statutes dictated the ownership and maintenance would transfer to the City upon completion. Council Member Pech questioned if the draw bridge options were designed to be remotely operated. Mr. Bertrand stated there were no plans for remote operations for the bridges in Oshkosh. Council Member Pech questioned why not. Mr. Bertrand explained the WDOT was working on enhancing the remote systems in areas where it already existed and wanted to have the issues resolved prior to expanding to new areas with agency approval. Council Member Pech questioned where the agency approval would come from. Mr. Bertrand indicated the WDOT and the Coast Guard. Council Member Pech questioned if there were functioning remote operated bridges in the area. Mr. Bertrand indicated in Menasha and Sturgeon Say. Council Member Pech questioned what would prevent the technology from being used in Oshkosh. 17 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Bertrand stated he did not have a specific answer to that question; he had been advised that there were no plans to implement that technology in Oshkosh. He explained the WDOT wanted to have the technology working in its existing locations prior to expanding. Council Member Pech stated it was already working in other locations. Mr. Bertrand indicated there were concerns that still needed to be addressed. Council Member Pech questioned if the technology was working in Menasha. Mr. Bertrand stated it was. Council Member Pech questioned why Oshkosh would not be able to use the same technology. Mr. Bertrand stated he was unable to answer that specific question. Council Member Pech stated the lack of information did not help Council with its decision. He explained it was frustrating that local control resulted in an increase to the taxpayers. He stated his understanding was that although the state was asking for input, they would not necessarily select what the City requested. Mr. Bertrand stated the final decision resided with the WDOT. He explained they had gone through a similar situation with the City of Menasha looking at options for the Racine Street Bridge and the WDOT had agreed with the City's recommendation. Council Member Pech questioned if it was the bridge that had remote operations. Mr. Bertrand stated yes. He explained they had looked at either major rehabilitation or a replacement. Council Member Pech questioned if the bridge had been built yet. Mr. Bertrand stated the Racine Street Bridge in Menasha was currently scheduled for 2020. He explained the existing bridge did operate remotely. 18 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Pech stated the bridge in Menasha that would be constructed in 2020 would have remote operations although the bridge in Oshkosh would not despite being scheduled for construction in 2022. Mr. Bertrand stated that was correct. Council Member Pech stated if the WDOT would construct remote operations in 2020, why wouldn't they in 2022. Mr. Bertrand stated there were challenges in place and he was not aware of specifics at this time. Council Member Pech stated the City was facing an important decision and the WDOT was not providing the necessary information to help with that decision. He explained he would like to have his questions answered. Mr. Rohloff stated in the absence of that information, Mr. Rabe had prepared an estimate of bridge operating costs for five years for bridges in Winnebago County, four of which were in Oshkosh. Mr. Rabe explained the information on the operating costs was provided to City staff by the WDOT for four bridges in Oshkosh and the bridge in Winneconne for years 2011- 2015. He stated the 2015 Main Street maintenance did seem significantly higher than the other bridges. He explained there had been significant long term activities that had taken place that skewed the numbers. He stated the average for 2014/2015, without the one outlying number, it totaled approximately$142,000 a year. Council Member Pech questioned if the bridges Mr. Rabe was referring to were manned bridges. Mr. Rabe stated they were. Council Member Pech stated his questions had been related to remote operated bridges and City staff did not have information on that cost. 19 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Herman stated City staff did not have information on the cost of a remote operated bridge due to the fact that the WDOT was not planning to build one in Oshkosh. Council Member Pech stated there was a plan to build a bridge with remote operations in Winnebago County in 2020. Mr. Bertrand stated he understood there were challenges related to the technology and new bridges. He explained the WDOT was working through challenges in Green Say and did not plan to bring remote operations to Oshkosh. Council Member Pech stated he did not feel comfortable making a decision as the WDOT would likely come to their own conclusions regardless of the input from the City. Council Member Palmeri questioned why City staff would remove the longer term maintenance activities, such as the replacement of arms or a horn, from the average cost of repair if it would eventually be an item the City would need to pay for. Mr. Rabe stated the City would need to address such repairs/maintenance in the future. He explained if the more significant maintenance items were left in the equation for the average, the cost was approximately$147,000 per year (an increase of about $5,000). Mr. Rohloff stated items such as a horn would be a natural expense over the life of the bridge. Council Member Palmeri stated she did not believe the larger maintenance items should be removed from the equation to calculate the average cost of maintenance. Mr. Rohloff explained he believed the maintenance estimate was on the low side and would continue to increase over time. Mayor Cummings stated he was concerned that the City did not have control over what the bridge would look like. He explained Council was being asked to make a multi- million dollar recommendation for a bridge that would exist for 75 years and they did not know what the end result would be. Mr. Bertrand stated the renderings that were provided were good approximations to be able to compare a high level fix compared to a lift bridge. 20 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Pech stated they were limited in their view. Mr. Bertrand stated they were from a specific vantage point and were not panoramic. Mayor Cummings stated they had requested renderings from the vantage point of a boater, a driver or an individual walking. He explained technology would allow for the river front to be modified to provide an image of what the impact the bridge may have on future development. Council Member Pech stated Council was being asked to make a selection without the information necessary to support the decision. He explained there was no vantage point from the Morgan District development area or City Center. Mr. Bertrand stated the two most recent renderings were from both the southwest area/Morgan District property and the northeast quadrant/City Center area. He explained the WDOT had asked City staff to provide photographs of the area so that renderings could be created. He stated the WDOT had provided ground level images as requested. He explained to create additional flyover views was expensive and would involve federal/state dollars; the WDOT did not believe it would be a wise use of funds. He stated he believed the WDOT was providing a sufficient depiction of what the bridge would look like once complete. He explained there were other factors, such as the amount of clearance, which required approval by the Coast Guard before they could be finalized. Council Member Allison-Aasby questioned if there was any structure in the state that would be comparable in size to the proposed bridge alternatives. Mr. Bertrand stated he was not certain. Council Member Pech asked for clarification regarding the amount of clearance. Mr. Bertrand stated the WDOT was comfortable that the Coast Guard would approve the 23 feet of clearance based on the levels of clearance previously used for the interstate 41 project. Council Member Pech questioned if that meant the design was not finalized yet. 21 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Bertrand stated the designs were at a conceptual stage which was why the renderings were an attempt to provide a general idea of what the bridge may look like. Council Member Pech questioned if the WDOT believed that what they have provided the City will be close to the end result. He stated he understood it may change dependent on the Coast Guard's recommendation. Mr. Bertrand stated in preliminary design there was always the possibility that there may be changes although the end result should be close to the renderings. Council Member Pech questioned if Council were to delay the decision two weeks to allow for time to gather additional information about remote operations, would it delay the project. Mr. Bertrand stated the WDOT was already two months or more behind the original schedule and any additional time would be significant from a delay standpoint. Council Member Pech questioned why the project was behind schedule. Mr. Bertrand stated the WDOT had requested a decision from Council in February. Council Member Pech stated at that time Council had requested additional information. Mr. Bertrand explained additional renderings had been requested and the WDOT had since provided the ground level views. Council Member Herman questioned if the structure of a lift bridge would remain the same regardless of if it were opened by an operator or with remote operations. Mr. Bertrand stated that was correct. Council Member Herman stated that selecting a bridge was not depending on whether it was opened by an operator or by a computer. Mr. Bertrand stated that was correct; the only difference would be related to future operational costs. 22 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Herman explained that it was difficult for Council and the two most impacted property owners, the Morgan District and City Center, to envision how tall the bridge would be. He questioned if he were to travel the river walk, would he be looking up at solid concrete similar to the area the near Two Brothers Restaurant. Mr. Bertrand explained the retaining wall near the river walk area would be roughly 20 feet in height and would taper down, under the high level alternative, within 500 feet. Council Member Herman questioned if the approach to the bridge would begin as far back as Hardees. Mr. Rohloff and Mr. Rabe stated no. Mr. Rohloff explained the landing spot of the bridge on the north side, under the fixed bridge concept, would be located near Marion Road, and would land on the south side at the same ground level before it reached 61h Avenue. Council Member Herman questioned if the highest concrete wall would be basically stretch 100 feet on each side of the bridge. Mr. Rohloff asked for clarification. Council Member Herman stated most of the concern surrounding the fixed bridge was related to how the aesthetic would impact nearby businesses. He questioned if he were to be walking on the river walk, would he be surrounded by walls of concrete. Mr. Rohloff explained a 20 foot wall was equivalent to nearly a story and a half, resulting in approximately two and a half flights of stairs from ground level at the river walk to the bridge surface. He stated in relation to the Morgan District site, there would be approximately 120 feet from the bridge to the building. Mayor Cummings questioned the ADA accessibility. Mr. Bertrand stated the renderings were conceptual and may not currently reflect ADA requirements, although the construction would be ADA compliant. 23 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mayor Cummings questioned if the WDOT had built bridges similar to the proposals anywhere in the state and which bridge in Sturgeon Say was remotely operated. Mr. Bertrand stated he believed it was the Oregon/Maple Street Bridge over Lake Michigan. Council Member Pech stated he was struggling to understand why the WDOT would install remote operated bridges in some locations and not others. Mr. Bertrand stated it was his understanding that they were not giving approval for future remote operations. Council Member Allison-Aasby questioned if that meant Menasha had been grandfathered into the program. Mr. Bertrand stated that was correct. Council Member Pech stated the earlier comment in regards to the potential emergency evacuation of City Center was correct; there would be limited means to exit with the new bridge designs, and traffic would be a concern in that area. He questioned if the WDOT had considered the potential evacuation of a large building. Mr. Bertrand stated the WDOT would need to provide a safe design for the area. Council Member Pech repeated his question regarding the potential evacuation of City Center. Mr. Bertrand stated it would be considered, however, a safe design needed to be implemented, and the median opening would not be safe therefore it would need to be closed and a 'right in, right out' exit installed at that location. Council Member Pech stated he would repeat his question a final time and ask if it had been considered. Mr. Bertrand stated it had been considered although the general safety of the area took priority. 24 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Palmeri stated one of the options was to refurbish the existing bridge. She explained she did not believe they had been given any options that addressed the community's needs. She stated she would like to see an option that was bicycle/pedestrian friendly and allowed for continuity of the river walk. She questioned if the City went the route of rehabilitation, would they be willing to assist the City with designing improved pedestrian/bike crossing access points on either side, assuming that the Morgan District and City Center were amenable to cooperating. Mr. Bertrand stated that Oregon/Jackson were local streets, therefore the WDOT's improvement project would not extend outside of the bridge. He explained with a replacement project, the footprint would extend and would include pedestrian crossings or river walk coordination. He stated the WDOT had worked closely with the community and City officials to provide solutions to meet the local needs. He explained the WDOT would be willing to address such needs, as long as they remained under the limitations of the project, and the rehabilitation option would only address the electrical/mechanical components. Council Member Palmeri stated the City frequently received 'all or nothing' types of options from the state and she stated she did not care for that. She explained she believed it lacked creativity and felt like a 'one size fits all' solution. She stated she would lean towards asking for more time to gather additional details, however, if the determination was already predetermined by the state, and the City's input was a formality, then she did not think it was necessary to delay the decision. Mr. Bertrand stated the WDOT had not made a predetermination in regards to the preferred alternative. He explained they were asking for the City's preference, which would be given strong consideration. He stated the project was funded by federal/state tax dollars and the WDOT was the steward of those tax dollars, therefore needed to remain ultimately responsible for the decision. Council Member Pech stated he understood that, however, the transportation budget at the state level was a'basket case', and if the state had to select between a 35 million dollar bridge and a 14 million dollar bridge, he felt confident he knew which route they would take regardless of City input. 25 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Allison-Aasby questioned if the state had a preference established at this point. She stated if there was, the WDOT would be able to explain their rationale behind the choice. Mr. Bertrand stated they did not have a preference at this point and needed to follow the National Environmental Policy Act process to evaluate all of the alternatives and give them equal weight. He explained they were following through that process, and were looking for input from the City given the location of the bridge. Council Member Allison-Aasby stated she hoped Mr. Bertrand could understand why the decision was difficult to make; the bridge was right in the heart of Oshkosh. She explained the options were not aesthetically pleasing and there was not an option that stood out from the others as a better choice. She stated if Council were to choose to keep the existing bridge, it was a temporary fix, similar to what had been done with the City's infrastructure in years past. She explained that it was also undetermined if Becket's and City Center would remain in the same location 50 years into the future, and therefore could not necessarily consider the impact to those businesses as the deciding factor. She stated she understood that Mr. Bertrand was sensing Council's frustrations and explained it was nothing personal. She explained the implications of the decision that Council made would be long lasting and was not an item they could 'fix' if they selected the wrong option. She stated the river walk was a beautiful part of the City and the bridge was a challenge to that development. She explained it was an important decision that had no good answer. Council Member Pech stated at the end of the day the decision was made in Madison. He stated he did not believe the City's input regarding the decision was significant or highly valued to the state. Mr. Bertrand stated he had explained that the City's input would be given significant weight in the WDOT's decision. Council Member Pech requested that Mr. Bertrand define significant. Mr. Bertrand stated he was unable to provide a percentage as to the weight of the City's input. Council Member Pech questioned what level the decision was made at. 26 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Bertrand stated there would be a regional meeting at the end of the month where they would factor the City preference in and make a decision. Mayor Cummings questioned what implications future budget cuts could have on the project. Mr. Bertrand stated he was unable to comment on future state budgets, although there were funds presently scheduled in a 6 year program for a replacement bridge. Mayor Cummings stated the City had projects scheduled within a 5 year CIP that had been delayed or cancelled due to budget constraints. Mr. Rohloff stated in his experience, due to the complexity of a bridge, it was necessary to commit to the project early. He questioned when the City would see the first drafts of a design. Mr. Bertrand indicated there would be different stages of design for the approach and the bridge itself. He stated the conceptualized design for the bridge may not be complete until 2021. Mr. Rohloff explained a bridge was a complex project and would take considerable more time than City projects such as installation of streets and utilities. Council Member Allison-Aasby questioned how many communities Mr. Bertrand had worked with on similar projects within the last two years. Mr. Bertrand stated he had worked with the City of Menasha and the Village of Winneconne. Council Member Allison-Aasby stated he had worked with two other communities in addition to Oshkosh. Mr. Bertrand stated that was correct. Council Member Allison-Aasby questioned if the WDOT had followed the recommendation from the municipalities of Menasha and Winneconne. 27 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Bertrand stated they had agreed with Menasha's recommendation and he was unable to comment on Winneconne as he had not been involved in the initial stages of that project. Mayor Cummings questioned if it would be prudent to delay the decision until the May 23, 2017 Council meeting. Council Member Pech explained Council was making a decision that would affect the City for many years and they did not have all of the information. He stated Mr. Bertrand had indicated that plans would not be ready until 2021. Mr. Bertrand explained decisions needed to be made now to begin the process. He explained the project had multiple steps that required time to complete. He stated if the decision was delayed now, it would result in further delays in the future. Council Member Herman stated he agreed that more information would be helpful, however, he believed the WDOT was at a point where they were unable to wait any longer for a decision from the City. He explained he believed if the City continued to push the decision into the future, the state would no longer consider the City's input. He stated he would like to continue to grow the river walk and increase pedestrian/bicycle accessibility in the area; he believed Council needed to make a selection. He explained he had been in support of the rehabilitation option as he was concerned about the future maintenance cost to the taxpayers. He stated after further consideration, he did not believe rehabilitation was the correct option as it would not address the development and pedestrian/bicycle concerns. He explained he did not believe the taxpayers of Oshkosh should be responsible for the maintenance of the bridge, and although it was in the current state statutes, perhaps legislation would change in the future. Mayor Cummings requested that Mr. Rohloff explain his thoughts as he had been involved in other similar projects in different municipalities. Mr. Rohloff explained it was not easy to make a decision that required this level of commitment. He stated the state statutes regarding attributing maintenance costs to the City was frustrating. He explained in making the selection, Council would need to consider the best interest of the City for the next 75 years. He stated he agreed with Council Member Herman's statements about rehabilitation, although each of the new construction options had disadvantages. He encouraged Council to reach out to 28 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 legislators regarding the shift of maintenance costs. He stated he had attended a meeting with legislators and had shared that he was concerned that although the law had not changed, there had been a change in the interpretation of state statutes. He compared the height parameters of the fixed bridge versus the lift bridge. He explained that Mr. Rabe had estimated the cost of maintenance on a lift bridge to be approximately$142,000 annually and would carry a high replacement cost. He stated aesthetically there were pros and cons to both the fixed and lift bridges. He explained feedback from various City departments indicated that the fixed bridge was more open from a public safety standpoint. He stated City Center/Becket's had an access challenge with the current situation and he understood that limiting the access further would have significant impact. He explained he leaned towards the fixed bridge option as it would be less expensive to maintain and it did not push the decision into the future as rehabilitation would do. He stated he was not enthusiastic about making a recommendation for one of the options, however, if he had to make a choice he would recommend the fixed bridge. Council Member Palmeri questioned if Council were to select the fixed high level bridge, would there be a scenario in which the proposed Morgan District development could be modified to allow for bridge level parking and the retail space elevated. Peter Lang, 2300 White Swan Drive, stated they had already explored incorporating first level parking with retail on the exterior corridor. He explained vehicle traffic and access were significant considerations for a retail space. He stated it was possible, although he was not sure what the cost would be; a two tier parking deck had been ruled out of the plans as it was believed to be cost prohibitive. Council Member Krause stated he did not believe the rehabilitation was the best option as Oshkosh had previously delayed action on infrastructure and the cost was similar to that of a new bridge. He explained he believed Council had a sense that the state would select to construct a new bridge. Mayor Cummings questioned if Mr. Bertrand envisioned a cohesive aesthetic to the future bridges of Oshkosh. Mr. Bertrand stated that each location was unique. He explained the impact of a high level fixed bridge was not as significant at the Oshkosh location compared Menasha. He explained there were long range rehabilitation/maintenance projects planned in Oshkosh prior to any new construction outside of the Jackson/Oregon Street Bridge. He stated the 29 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 WDOT was still in the conceptual design phase and there were several areas that would need to be reviewed and adjusted. He explained there would be design alternatives that the City would need to discuss with the WDOT in the future regardless of what bridge Council recommended. He stated the alternatives that the WDOT had put together were based on communication with City officials and stakeholder meetings, although he could appreciate that it was a difficult decision that may not have a clear cut alternative. Council Member Panske stated she appreciated Mr. Bertrand's openness to questions and based on her goals related to bicycle/pedestrian traffic as well as sustainability concerns she was in favor of the high level fixed bridge. She explained she believed the high level fixed option was different and she liked being on the forefront of technology. She stated it would prevent vehicles idling while waiting for a bridge and provided a clear path for residents and emergency personnel. She thanked Mr. Bertrand for his time. Mayor Cummings questioned if there was any other information Council would like the WDOT to provide. Council Member Pech stated there was considerable information he would prefer to have; he did not believe every option had been explored. He explained he agreed that a decision had to be made between three poor alternatives. He stated he understood that Mr. Bertrand had indicated that the WDOT would take the input from the City into consideration, although ultimately they would make the final decision. Mr. Bertrand stated he understood the City's predicament and had worked hard to establish trust. He explained he had worked with City staff on other projects and had maintained transparency and honesty. Council Member Pech stated his decision was between the lift bridge and the fixed bridge;his concern was in regards to the long term costs and operation. He explained he did believe that the state statutes had been interpreted incorrectly and the state did not fulfill its obligations related to municipal services therefore he did not foresee them changing the formula to benefit the City. Mr. Rohloff stated in respect to the state statutes, Council would be able to add language to the resolution to indicate that Council's selection of the bridge option did not reflect endorsement or acceptance of the current interpretation of Wisconsin Statutes section 84.10 that assigns financial responsibility of the new bridge to the City of Oshkosh. 30 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mayor Cummings stated Council was scrutinized for criticizing legislators in Madison, however, the state continued to force programs onto municipalities while reducing funding at the same time. He explained for those reasons the City had concerns making a commitment related to the state. Mr. Rohloff explained the resolution contained all three options therefore Council would need to make an amendment to make a selection. Council Member Pech explained he believed alternative 'F' improved safety, allowed for bike/pedestrian options, and improved vehicle traffic flow/boater passage. He stated although he was not pleased to take on the cost he was concerned about economic development with the flyover bridge. Matt Mugerauer, 2321 Golden Avenue, questioned if the bridge could be converted to remote operations after the City took ownership. He explained it would help reduce long term costs by eliminating the cost of a bridge tender. Council Member Pech stated while it would be possible, the Coast Guard would need to approve the plans, and it would require taking on long term debt. He explained he appreciated Mr. Mugerauer's comment. Council Member Palmeri stated she had originally leaned towards rehabilitation; as time passed new technologies or building techniques may become prevalent and create a different set of circumstances. She explained while she understood it was appropriate to send a united message to the WDOT, she would not able to support option'F'. Council Member Allison-Aasby stated she wished in hindsight that Council had held an additional workshop. She explained she understood that delaying the decision may be a concern, however, Council had not had an opportunity to have open discussion regarding the bridge. She stated she felt as though Council was being forced to make a decision. Mayor Cummings stated he agreed and was frustrated that Council did not have a better idea of what they would be receiving. He explained the WDOT would provide a basic bridge; if the City wished to take any steps to make it architecturally pleasing and cohesive with the riverfront the taxpayers of Oshkosh would be fiscally responsible. He stated the City would also need to review the budget to address future maintenance costs. 31 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Resolution 17-243 Approve Development Agreement with Discovery Properties LLC; Approve Lease Agreement with Discovery Properties LLC;Approve Construction Staging License Agreement; Approve Sale of a Portion of the State Street Parking Lot; Grant Access Easement to Harry & Priscilla Kieckhafer—105 Washington Avenue & State Street Parking Lot MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Randy Schmeidl, 230 Ohio Street, stated he was present to answer questions. Council Member Herman requested an explanation of the project. Mr. Schmeidl explained the first part of the project had been converting a former office complex into high end apartments,which had been complete. He stated the second phase would acquire the parking lot behind the complex to add surface and garage parking. Alan Davis, Director of Community Development, explained it was a complicated project and renovations had cost more than initially expected. He stated the City had found contamination underneath the parking lot which forced a reevaluation of the entire project. He explained they had found a solution that allowed for the garage construction to continue, although the City's mill and overlay of the remaining parking lot was less than what had been anticipated. He stated it remained a historic preservation project and he believed the contamination would be manageable. He explained he believed the project was a benefit to the downtown area by providing a new standard in housing and would spur additional new development in the area. Council Member Pech questioned if the garages would mirror the aesthetic of the housing units. Mr. Davis explained he believed they would match the basic characteristics of the building although he was not able to remember specific details. Council Member Pech requested the developer to provide Council with the details in the future as they were not present in the provided materials. 32 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Herman asked for an explanation of the easement portion of the resolution. Mr. Davis explained that the Kieckhafer's had been using the City lot to access the four parking spaces located on the east side of their building. He stated they did not wish to prevent access to their parking area therefore the City would grant an easement through the driveway. Council Member Palmeri stated the cost in land resulted in the City contribution reaching 90%, which resulted in the addition of a look back clause. Mr. Davis stated that was correct, and was similar to the situation with the Beach Building. Council Member Palmeri explained in relation to the look back clause, it was stated the developers would be allowed to achieve up to a 15% rate of internal return. She questioned if that was standard and how it had been determined as a cap. Ms. Lorenson indicated that they were not standard provisions, and had only been present in one other agreement, it was more of a negotiation factor. Mr. Davis stated the cap had been suggested by the Ehlers, and the 15% cap had been based on their experience with other developer's agreements with look back clauses for similar types of projects. Council Member Krause questioned why 30 garage units would be constructed for 20 apartments. Mr. Schmeidl stated there were only 20 garage units, however, some of the units were doubles. Resolution 17-244 Reject Sid for Public Works Contract No. 17-25 for Private Side Lead Water Service Replacement MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 33 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Pech asked for an explanation of the rejected bid. Mr. Rabe stated the reason behind the rejection was cost. He explained as City staff developed changes to chapter 20 of the municipal code, they gathered cost analysis information. He stated the analysis revealed that the bid was in excess of the average costs by nearly $5,000 per property. He explained City staff recommended rejecting the bids on the public contract and utilize an option through the Safe Drinking Water Loan Principal Forgiveness Program to establish a pre-approved list of plumbers that property owners would be able to contract with. He stated the cost share through the program would still be available for those utilizing the pre-approved plumbers list. He explained the cost to the property owner would be in the range of $1,250 to $1,500 as opposed to close to $4,000 if the City had awarded the contracts. Council Member Panske questioned if he believed it would cause any of the local plumbers to increase their rates, or if there was something the City could do within the program to keep their rates cost effective. Mr. Rabe stated it would be difficult for the City to put limits on the cost, however, he explained citizens would be required to obtain three quotes from the list of pre-qualified plumbers which would help mitigate costs. Council Member Palmeri stated she appreciated the initiative and the common sense approach that would benefit the residents. Mr. Rabe explained City staff had not been comfortable with the cost of the contracts and were pleased with the proposed solution. Resolution 17-245 Reject Sid for Public Works Contract No. 17-26 for Private Side Lead Water Service Replacement MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Mayor Cummings questioned if the resolution was related to the additional bid rejection. 34 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Mr. Rabe explained contract 17-26 was for work related to construction contact 17-04 which included Bayshore Drive, Lake Street, and Eveline Street. He explained because two different contracts had been out for bid, the rejection had to take place in two separate resolutions. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mr. Rohloff explained his assistant had communicated with the various legislators in regards to an afternoon meeting on May 151h or May 22nd and asked which date Council preferred. Mayor Cummings recommended seeking out a date in June. Council Member Herman stated he would prefer June. Mr. Rohloff stated he would present alternative dates/times for Council at the next Council meeting. Jim Collins,Director of Transportation,explained there had been a recommendation from a study completed by Walker Parking Consultants to improve the signage for downtown parking. He stated they had formed a group and had worked to include other recommendations, such as modifying the names of parking lots to be more congruent with their location, and considered outsourcing the signage updates. He explained outsourcing was cost prohibitive therefore the group contracted with the library for use of their graphic designer for a significantly reduced rate, who was presently working on parking lot signage and would present conceptual designs at the next group meeting. Council Member Herman questioned if the signage would be installed prior to the upcoming busy season at the Leach and other downtown venues. Mr. Collins stated the signage would likely not be complete until the end of summer. He explained completing the project in house would save money although it may take longer. 35 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Panske explained throughout the month of May citizens would be able to register their bikes with the City at no cost. She stated it was much easier to recover a stolen bicycle if it was registered. She explained Bike Osh would take place on Saturday, May 201h between 10 a.m. and 1:00 p.m. and would include several participating stops throughout the City. Council Member Allison-Aasby thanked Council for allowing funds to be allocated for strategic planning to address the need for direction when it came to an aging population. She explained the Committee on Aging had held two strategic planning meetings and had invited members of the senior community to attend a future meeting and provide input. She stated a number of City staff department heads had attended the most recent meeting and she thanked them for their time. She explained she would continue to provide updates as the planning progressed. CITY MANAGER ANNO UNCEMENT AND STATEMENTS Mr. Rohloff explained the vehicle purchases had each come in under budget. He explained the special events stakeholder group had held their third meeting earlier that day and things had been progressing well; he stated there had not been disagreement within the group so far. He stated the arena project was moving forward and was remaining on schedule. He explained the data reflected in the update that had been provided in March in regards to the 2016 41h quarter revenue/expense statements remained on target with current report. He stated after the applicable transfers the fund balance would grow from $8.5 million to $8.9 million which was keeping pace with the policy established by the long range finance committee of having a specific percentage allocated to the fund balance. He explained the first quarter report was also included in the agenda packet and because it was the first quarter there were not significant indicators or urgent issues that needed reporting. He stated the first quarter strategic plan report was included in the agenda and Kortney Jenks was present to answer any questions. 36 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 Council Member Herman asked for an explanation of the addition of 'caution' to the strategic plan as a progress indication. Kortney Jenks, Human Resources Generalist, explained there was a page included to describe why each area was in status. Mr. Rohloff indicated City staff had included an exceptions report to point out areas of concern. He stated some areas that had been an area of'caution' in the first quarter had progressed in the second quarter, while others remained an area of caution. Council Member Palmeri stated there was an item listed as 'caution' under neighborhood strengthening. She questioned what the 'caution' meant. Ms. Jenks stated 'caution' meant that the topic did not have much movement. She explained it meant action had begun,however, it may not be progressing as planned. She stated 'below plan' indicated the item had not had any action yet. Council Member Palmeri stated 'caution' was one notch up from 'below plan'. Ms. Jenks stated that was correct. Council Member Palmeri explained it was indicated the reason the City was behind on developing a targeted blight elimination process/program was due to budget and City staff constraints. She stated the City had implemented GO-HNI and employed additional City staff employed in community development. Ms. Jenks explained community development had a staff member leave, although a new staff member would begin in the near future. She stated the new employee would begin working on the projects that were in a caution status. Mr. Rohloff explained Tim Franz, Fire Chief, was recognized by Fox Valley Technical College as its Outstanding Alumni Award recipient. He commended Chief Franz for his dedication to the fire department as well as to his profession in terms of teaching and mentoring. Chief Franz thanked Council and City staff. He stated it had been an honor to receive the award. He explained he took every opportunity to participate in community discussions about education and shared the value he believed technical colleges offer in the system. 37 PROCEEDINGS OF THE COMMON COUNCIL—MAY 9, 2017 He stated there were many jobs that had become much more complex and individuals entering the workforce needed a certain skillset. He explained the technical colleges filled that need. He stated the gaps in the workforce were in technical skilled jobs. He explained the benefit of incremental education. He stated he appreciated the recognition. Council Member Pech thanked Chief Franz for everything he had done and continued to do for the City. MOTION: ADJOURN (Pech; second, Panske) CARRIED: VOICE VOTE The meeting adjorned at 9:19 p.m. PAMELA R. UBRIG CITY CLERK 38