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HomeMy WebLinkAbout05. Common Council MinutesPROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 11, 2017 REGULAR MEETING held Tuesday, July 11, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Caroline Panske, Jake Krause, Tom Pech Jr., Lori Palmeri, Deb Allison-Aasby and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Steven Herman read the Invocation. The Pledge of Allegiance was led by Council Member Herman. CITIZEN STATEMENTS Rob Patterson, 530 N. Main Street Apt 103, explained he was present to advocate for himself and for others who utilized the City bus route. He stated he was concerned about the stop near Target and the Affinity clinic on Koeller Street, as it was a hazard to cross the street on foot due to traffic. He explained it was important to realize although it may seem like an insignificant concern, it had an impact on many bus riders in the City. Council Member Panske explained the same stop had been brought up at a previous transit advisory board meeting. She stated the board was looking into the concern. Mr. Patterson stated he would like to attend a transit advisory board meeting, however, he believed there was confusing communication regarding the meeting dates. Council Member Palmeri asked for Mr. Patterson to clarify what he meant. Mr. Patterson stated there was often confusion regarding when the transit advisory board would meet; there was no consistency. 1 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Jane Daugherty, 11 Canniff Court, complimented Sowers Construction for their work on Say Shore Drive. She explained their crew manager had been helpful in controlling traffic. She thanked both the public works and sanitation departments for their extra efforts during construction. Mr. Rabe thanked Ms. Daugherty and stated he would share her appreciation with his staff. Mayor Cummings stated he agreed the Say Shore Drive construction project had gone smoothly. CONSENT AGENDA Report of Sills by the Finance Director Approval of Cash Reports from January, February, March, April & May 2017 Receipt of Claims filed with the City's Insurance Company: A) R.D. Harles for alleged damages to pet fence wire when replacing sidewalk B) April Chase for alleged damages from a vehicle fire Resolution 17-336 Approve Amendment to Professional Service Agreement with AECOM for Environmental Engineering for Buckstaff Property ($25,000.00) Resolution 17-337 Award Sid to HD Supply Waterworks & Ferguson Waterworks for 2017 Water Materials & Brass Goods for Water Utility Division ($21,191.83 estimated) Resolution 17-338 Award Sid to Capelle Bros. & Diedrich, Inc. for Teichmiller Park Restrooms Update for Parks Department ($98,680.00) Council Member Palmeri stated the project had a budget of $120,000 in the CIP, and it appeared the bid came in under budget. 2 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Ray Maurer, Director of Parks, stated it had, although there would be architectural fees that were not included in the bid that had been referenced in the staff memo. He explained they would also be installing security cameras. Council Member Palmeri asked for an explanation in the memo of the statement that there would be approximately $110,000 remaining. She questioned if it had been a typo. Mr. Rohloff stated no. He explained the $120,000 minus the architect and camera installation fees there was approximately $110,000 remaining to award the bid. Resolution 17-339 Award Bid to Rucinsky's Painting for Downtown Transit Center Painting for GO Transit ($61,500.00) Resolution 47 390 ,4,-.,-.,,ey Amendment to 2047 Capital i,,,,,,,,,r.,,, ent Vfeg,,.,,,, fEw R;t.,,fside Cemetery Chapel R,,,-.aifs WITHDRAWN BY STAFF Resolution 47 344 AEEef)t Penatio & "r r ,,ev n o„eements with the E)1 r E Foundation & Llib Res-tefa ien7 Tr fee R;t.,,fside r,,,,,,,,+efy r,h.,, e into, ief Rest,,,,.,tie WITHDRAWN BY STAFF Resolution 17-352 Approve Block Party Request / Thomas Haanen / to Utilize West 1511 Avenue between Iowa Street & Minnesota Street to Hold their Neighborhood Block Party / July 22, 2017 Resolution 17-342 Approve Settlement Agreement with Menard, Inc. for Property Tax Assessments for Tax Years 2016 & 2017 for Property Located at 2351 Westowne Avenue Council Member Pech questioned if the resolution was related to the dark stores issue. Mr. Rohloff stated yes. Council Member Pech explained that big box retailers were claiming that their property should be valued as an empty building. He stated Menards had impacted the property taxes of both residential and business owners. He explained they had taken advantage of a loophole, similar to Walgreens. He questioned if the total amount of property tax 3 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 that was shifted from Menards to homeowners and business owners in the City was $25,398. Mr. Rohloff stated yes. Council Member Pech stated although it appeared to be a minimal amount, it was an unfair shift from the large retailer to citizens of Oshkosh. He explained multiple big box retailers used the loophole and while they provided a service to the community, the community provided services to them in return and they were obligated to pay their fair share. He urged citizens to contact their local legislators and Governor Walker to support dark store reform. Mayor Cummings explained he testified at the State Assembly in Madison in favor of bills AB -386 and AB -387. He stated the chambers were full and it was a bi-partisan issue. He stated he had closed his testimony by explaining big box retailers were an expense to communities as they demanded significant infrastructure and many stores were closing and going into bankruptcy. He stated there was a growing sentiment among many communities that big box retailers may not be affordable any longer. He explained there was a store in Oshkosh that had been vacant for 10 years. He stated other municipalities had been forced to close libraries and had school district impacts as a direct result of the dark store issue. Council Member Pech stated he believed many municipalities testified in favor of legislation fixing the loophole while the Wisconsin Manufacturers and Commerce group testified against it. Council Member Panske questioned if the settlement was in reference to the 2016 and 2017 tax years, or if it would impact taxes going forward. Ms. Lorenson stated it was only in relation to the two years. She explained the 2016 tax year was the subject of the current litigation and the 2017 tax year was included because Board of Review was scheduled to begin July 121H Council Member Panske stated unfortunately it was unknown if there would be litigation for 2018 and 2019, unless legislation changed. Council Member Pech requested Mayor Cummings repeat the bills for the public. F. PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Mayor Cummings explained the two bills were AB -386 and AB -387. He stated there was significant bi-partisan support for the bills. Resolution 17-343 Approve Appointment to Transit Advisory Board Resolution 17-344 Approve Combination "Class B" Licenses & Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-345 Modify Parking Regulations to Restrict Parking on 101h & 111h Avenue from South Main Street to the end of the Street MOTION: ADOPT (Panske; second, Palmeri) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Ordinance 17-346 Modify Parking Regulations on Mill Street MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Herman asked for an explanation of what kind of signage would be implemented to warn citizens of the change in the intersection. Council Member Pech explained that he believed Council Member Herman was referencing a different resolution for a separate intersection. Council Member Herman apologized for the confusion. 5 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Ordinance 17-347 Designate Ruschfield/Sawyer Creek Drive as through street at intersection with Mockingbird Way (Mockingbird Way stops at the intersection) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Herman asked for an explanation of how citizens would be notified of the intersection change. Mr. Rohloff stated residents had brought the concern forward to City staff. He explained the change would not come as a surprise to the neighborhood. Ms. Lorenson stated she lived in the neighborhood and the intersection currently had a yield sign, which would be replaced with a stop sign. She explained there had not been notification when the yield sign was installed. She stated it was a frequent topic of discussion within the neighborhood. Council Member Herman stated he did not believe it was a heavy traffic area. Ms. Lorenson stated it was primarily residents. Mr. Rohloff stated vehicles were not yielding at the yield sign as they should. He explained he was not a fan of yield signs and was in favor of installing the stop sign. Mayor Cummings stated he believed it had been discussed at the neighborhood association meeting. PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Ordinance 17-348 Approve Closure of South Main Street (USH 45) at 14th Avenue (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Council Member Pech questioned when it was anticipated that work would begin on the project. Mr. Rabe stated he had not seen the construction schedule from the contractor yet; he stated the pre -construction conference was scheduled in the near future. He explained it would not be closed during EAA. He stated message boards would be in place at least a week in advance prior to closure. Council Member Herman questioned if Oregon Street would be closed at the same time. Mr. Rohloff stated the work on Oregon Street would not disrupt traffic. Resolution 17-349 Approve Operator License (Staff Recommends Denial) MOTION: ADOPT (Pech; second, Panske) LOST: Noes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings MOTION: APPROVE FINDINGS WITH CORRECTION (Herman; second, Panske) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Ms. Lorenson explained the purpose of the resolution was to determine whether an operator's license should be issued to Cole Wiley Stephen Mueller under Chapter 125. She explained Council was provided a copy of the application and a recommendation VA PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 from Dean Smith, Chief of Police, explaining why he believed the license should not be issued, as well as an explanation from Mr. Mueller as to why he believed the license should be issued. She stated she provided Council with a memo explaining the procedure and law governing the issuance of licenses. She explained it would be beneficial for Chief Smith to explain his recommendation and then allow Mr. Mueller to respond. Chief Smith stated it was his responsibility to investigate each applicant for an operator's license to serve alcohol in the City. He explained during the investigation it was determined that Mr. Mueller had been charged with operating a motor vehicle while intoxicated on December 20th, 2016 after being involved in a motor vehicle crash, and was convicted of the charge on March 8th, 2017. He stated on January 3rd, 2017, only 14 days after he was charged with the first offense, he was charged with a second offense of operating while intoxicated as well as operating with a restricted controlled substance. He explained the report indicated that he admitted to driving and smoking marijuana. He stated it should be noted that both incidents had occurred within the last 6 months and Mr. Mueller had not reached the legal age of drinking (21 years of age). He explained he did not believe Mr. Mueller was qualified for an operator's license due to a pattern of behavior showing a disregard of the law and the circumstances of the two incidents were directly related to the license activity of serving alcohol. He stated the license would allow Mr. Mueller to serve alcohol at any establishment that sells it, including taverns, restaurants and convenience stores. He explained the pattern of behavior occurred within 6 months of the application for the license. Cole Mueller, 3758 Summerset Way, stated the incidents did occur within the last year, however, he needed to remain employed to pay for his fines. He explained he would like to obtain employment at Pantry 76 on Jackson Street. He stated the store did allow for the retail sale of alcohol although it was not an open bar. He explained he was attending UW Oshkosh and wished to obtain an operator's license and move forward from his actions. He stated he knew he had a long string of defiant actions in the past and would like to change. He explained the second operation while under the influence charge was pending and he had secured an attorney to address the charge. Ms. Lorenson stated Mr. Mueller had been charged although not convicted of the second offense. Council Member Pech asked for an explanation of the status of the second charge. PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Ms. Lorenson indicated that it was pending; there had been no conviction for the charged offense. She stated Wisconsin Circuit Court Access showed motions that had been filed. Council Member Pech questioned what motions were filed. Ms. Lorenson stated there were no additional details to the motions. Council Member Pech stated there were several other employers in the area. Mr. Mueller stated yes, although he did not have a driver's license and the convenience store was within walking distance from his residence. Council Member Pech stated there was a used car lot, a service garage and two franchised automobile dealers within the same area. Mr. Mueller stated the owner of the convenience store was willing to work around his school schedule. Council Member Pech stated in Mr. Mueller's explanation he stated that he needed to work at a particular location due to its proximity to his residence. He explained he was pointing out that there were several other places of employment that would not require the operator's license within the same proximity. He questioned if Mr. Mueller had approached any of those locations for employment. Mr. Mueller stated not yet. Council Member Palmeri questioned if Mr. Mueller was presently enrolled at UW Oshkosh. Mr. Mueller stated yes. Council Member Palmeri questioned if he was aware there were employment opportunities available on the university campus. Mr. Mueller stated yes, although those employment opportunities required work study. G PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Council Member Palmeri stated she understood there were challenges, however, it appeared as though Mr. Mueller was putting substantial emphasis on gaining employment through just the one business. She explained she did not believe it would be an appropriate employment situation at this point, as Chief Smith had indicated. Council Member Krause stated he appreciated Mr. Mueller attending. He recommended utilizing a bicycle as a means of transportation. He explained while Mr. Mueller would have the opportunity to grow from his past, it may be best that he avoid situations in which decisions regarding alcohol were involved at this point in time. Shawn Mueller, 3758 Summerset Way, stated she was Cole Mueller's mother. She explained when he received the first OWI he had gone to assist a friend and had not intended on driving. She stated he had not been involved in a crash, just slid into a snowbank. She explained he was remorseful for his actions. She stated the second situation was pending and they had obtained legal counsel as she believed it was an unfair situation. She explained he was not driving while smoking marijuana; he had been in a parking lot and was approached without any reason. She stated she was aware of other bartenders who had received OWI's and police officers that choose to break the law. She requested the license be issued, even on a temporary basis. She explained while she understood bicycles and public transportation were an option, the location of his current employer was convenient and worked well with his school schedule. She stated he had made significant progress since the incidents and is on the right path. Ms. Lorenson explained Council would motion in the affirmative to approve the resolution; a yes vote would grant the license and a no vote would deny the license. She stated if the license was denied, Council would then need to review the draft of the notice provided to make sure it aligned with Council's decision. Council Member Allison-Aasby questioned if the license was denied, would Mr. Mueller be able to reapply. Ms. Lorenson stated yes. She explained Mr. Mueller would be able to apply at a future date after more time elapsed since the incidents. Council Member Krause stated it was his understanding that Mr. Mueller would not need to begin repayment of his student loans until after graduation and it was likely he would receive his ability to have a driver's license in the future. 10 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Mr. Mueller stated his ability to have a driver's license was dependent on the pending charge, although he may receive it in July. Council Member Palmeri questioned if Mr. Mueller would have the ability to obtain an occupational license. Ms. Lorenson indicated there were provisions in place for occupational licenses, however, she was not aware of the details. Council Member Allison-Aasby stated she understood Chief's Smith recommendation and also understood her fellow Council Members' positions. She explained what she struggled with was oftentimes when mistakes were made, and there were challenges presented, a person became trapped in a cycle. She stated it was not Council's role to make a judgement on an individual's ethics or character and she believed it was a challenging decision. She questioned if Mr. Mueller had looked into an occupational license. Mr. Mueller stated that he had. Ms. Mueller explained it was not cost effective. She stated the initial denial of the operator's license had resulted in Mr. Mueller losing hours at the convenience store. She explained he was having a difficult time finding an employer that would work with his school schedule. She stated he participated in a voluntary testing program and was receiving counseling at the university. Council Member Palmeri questioned if Council was able to put any restrictions or contingencies on a license. Ms. Lorenson stated no; what a license allowed him to do was defined by state statutes. She explained Council's role was to determine whether or not an applicant was qualified to hold a license. Council Member Pech stated it was a difficult decision. He explained he was concerned about the timing of the two incidents, in addition to the statements that Mr. Mueller had only been driving to help someone and that 'other people' do the same thing. He stated he appreciated that Mr. Mueller was going to school and making an effort to move forward. He explained he believed there were alternative forms of employment 11 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 available, including opportunities at the university. He questioned if he had made any inquiries into that type of employment. Mr. Mueller stated he was on academic probation which had an impact on the ability to gain employment through the university. Ms. Mueller stated Mr. Mueller was now living at home and making an effort to move forward with his life. Council Member Palmeri stated there were jobs on the perimeter of the university that were within walking distance that were not university associated. Council Member Herman stated the license activity would be directly related to the charges brought against Mr. Mueller. He explained Council's role was not to make sure Mr. Mueller had a job; in this instance it was to abide by the state statutes. Council Member Palmeri stated she agreed. She explained Mr. Mueller's decision to drive after consuming alcohol was directly related to the license activity. Ms. Lorenson read the notification of non -issuance to allow for Council to make any changes prior to approval. Council Member Pech requested a typo be corrected from 'on conviction' to 'conviction on'. Ms. Lorenson stated after the Mayor signed the findings, the City Clerk would send it out. 12 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Resolution 17-350 Approve Tax Increment District No. 33 Project Plan; Designate Tax Increment District No. 33 Boundaries; Create Tax Increment District No. 33 Lamico Redevelopment MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Kyle Bach, President/CEO Annex Student Living, explained part of their investment thesis was campus and community support. He stated UW Oshkosh had embraced Annex as an alternative to housing for students as had the community. He explained their mission statement reflected the desire to serve as a catalyst for economic growth. He stated the Lamico site appeared to be the final piece to redevelop in the immediate area and he looked forward to helping complete the project. Mayor Cummings questioned if the addition of Annex as an alternative to student housing in other communities had driven the improvement of other rental properties as a result of competition. Mr. Bach stated that it had. He explained student housing consisted of either dormitories, student housing similar to what Annex provided, and shadow market properties such as single family rentals and duplexes. He stated in other communities the shadow market properties were forced to improve their assets to remain a viable competitor. Council Member Palmeri stated within the plan there was no plan for underground parking, only surface parking. She explained there was very little greenspace and questioned why underground parking had not been sought to allow for additional greenspace/impervious surface. She stated the large parking lot did not fit in with the surrounding character. Mr. Bach explained their typical structure utilized a .7 parking spaces per bed parking ratio. He stated there was a courtyard with patio space and landscaping included in the proposed design. He explained it was not their intention to have the building surrounded by blacktop and they would meet all local codes. Mayor Cummings stated he believed there would be a park almost directly across the street. 13 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Allen Davis, Director of Community Development, stated that was correct; the units would be across the street from the access point to the river walk, and a park was part of the plan. Council Member Palmeri questioned if they had calculated the cost of underground parking. Mr. Bach stated he was not certain that specific calculations had been conducted, although he was aware that an underground parking structure cost approximately $18,000 per stall and therefore cost prohibitive to the project. Council Member Palmeri questioned if he had stated that they had not done the calculations although they had determined that it was not financially feasible. Mr. Bach stated based on the average cost of underground parking, they were aware it was not worth the time to work the calculations into the project. He explained it was a possibility if there was enough demand in the future to warrant the construction of additional units. Darryn Burich, Planning Services Manager, explained environmental remediation would also impact the potential for underground parking. He stated the soil condition was not optimal and the area had high ground water. He explained at least half of the parking structure would need to be out of the ground. Council Member Palmeri questioned if there had been discussion regarding increasing the number of floors to offset the cost of the underground parking, or if the parking lot was an economical way of capping off the environmental soil concerns. Mr. Bach stated fiscal decisions were based off of what they were able to receive in rent. He explained if they would need to shift the burden of cost onto the resident in the amount of an additional $150 per bed, the rent would not be financially feasible in the Oshkosh market. Council Member Palmeri stated she believed the project was exciting based on what the housing would do for the community, however, she still had concerns about the impervious surface ratio. She questioned if the housing would be for students as well as young professionals. 14 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Mr. Bach stated students were not a protected class in fair housing; their target market was 18-26. Council Member Palmeri stated it would take pressure off of the neighborhoods that were dealing with the shadow markets. She explained she was cautiously optimistic that the situation would improve because the Annex housing would be an affordable alternative. She stated she was leaning towards supporting the project. Council Member Herman questioned an item listed on the application, under soft cost fees, that was described as other/miscellaneous for $619,000. He asked for an explanation of those costs. Mr. Bach stated it would include the televisions in the units, utility and miscellaneous permit fees, unit furniture, art and design, developer overhead and project management and construction inspections. Council Member Herman stated he also had concern regarding the parking, however, he believed the project fit into the central city plan, addressed the blight in the area, enhanced opportunity for students and would be an asset to the university. He explained he was appreciative that it would not be as lengthy as some of the more recent TIFs. Council Member Pech stated an additional 310 residents across the street from the site of a potential new supermarket was beneficial. Council Member Palmeri questioned why the $75,000 for developer overhead would not be covered under the $700,000 developer fee. Mr. Bach stated it was not. He explained the company policy was a 4% development fee, 2% development contingency and 1% development overhead. Council Member Allison-Aasby questioned if the City had approved a TIF that included furnishings within the soft cost. Mr. Davis stated the Best Western had included furnishings, fixtures and equipment. Council Member Herman questioned outside of the TIF, what the City would be obligated to do for the development. 15 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Mr. Davis stated the development agreement was in process. He explained the TIF would pay for the environmental remediation and site preparation. He stated the City would be responsible for some public infrastructure such as the trail, cul-de-sacs and pedestrian connections. He explained if the project was not complete it was unlikely the City would complete the trail or cul-de-sacs. Council Member Herman stated it would be a 'pay -go' TIF which shifted the risk onto the developer as opposed to the City. Mr. Davis stated that was correct. Mayor Cummings stated the project would eliminate a significant piece of blight in the central city. He explained he was also appreciative that the project had the potential to force landlords to improve their assets to remain competitive. Council Member Herman asked for an explanation of how underground parking may have impacted the new water tower in the area. Mr. Davis stated the groundwater would be close to the surface and had been a concern for other projects in the area. Council Member Herman questioned what property remained to be developed in the Marion Road area. Mr. Davis stated there were three parcels, and two had existing options for development. Council Member Herman questioned if the project had the potential to spur the development. Mr. Davis stated he believed it would help spur the development, especially in relation to commercial development. Council Member Herman questioned if the project would put any added stress into the public infrastructure. Mr. Rabe stated they had analyzed the sanitary sewer capacity and had the capacity to handle the load from the structure. He explained water supply was not a concern. 16 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Council Member Herman questioned if the fire and police departments had been consulted regarding the addition of a concentration of students in the area. Mr. Rohloff stated City staff had been involved with the police and fire departments in regards to long range planning for the area and had reviewed the impact on public safety. Mr. Davis stated he believed cul-de-sacs were being constructed to allow for fire department vehicle turnarounds. Council Member Herman stated it was his understanding that the primary police response to any calls would be from the Oshkosh police department and supplemented by the university. Mr. Rohloff stated yes and that Chief Smith would prefer to maintain that jurisdiction. Council Member Palmeri questioned if Mr occurred in Oshkosh twice a year. Mr. Bach stated yes. Bach was familiar with the pub crawl that Council Member Palmeri stated she understood there would be onsite management at the location. She questioned what plans they had in place to mitigate the repercussions as locations in the area suffered significant vandalism and litter as a result of the pub crawls. Mr. Bach stated they were the developer and general contractor, not the property manager. He explained they had hired a third party as the property management company after a rigorous selection process. He stated they, along with their management company offered a 'PAWS' program, which stood for philanthropy, academics, wellness and social. He explained in addition to management and maintenance staff, they would employ individuals as community ambassadors, similar to the role of an RA at a university. He stated individuals between the age of 18-26 were making their own decisions, however, the company would instill the culture that their everyday choices would impact their life after college. Council Member Herman requested the representative from Ehlers explain the financial implications of the project. 17 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Jon Cameron, Municipal Advisor, Ehlers, explained they had prepared the project plan, reviewed the cash flow analysis and conducted performa analysis. He stated the cash flow demonstrated the district would close in approximately 13 years and the performa analysis was included in the project plan; overall it seemed to be a worthy project. Resolution 17-351 Approve 2017 Great Neighborhoods Capital Improvement Program Funding in the Amount of $97,470.00 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Herman, Panske, Krause, Pech, Palmeri, Allison-Aasby, Mayor Cummings Rob Casper, 2355 Parkside Drive, explained he was present on behalf of the Ferry Crossing Neighborhood Association, and had written the application for the work at Teichmiller baseball diamond. He stated the park was an asset to the neighborhood and had received several recent updates, the last of which would be the baseball diamond. He explained there was a number of children, especially from the YMCA, that utilized the field, however they were only able to hold practice and not a game due to the condition of the field. He stated North Youth baseball would contribute funding to the project. Jennifer Jenson, 2420 Parkside Drive, stated she was in full support of the Teichmiller baseball diamond renovation. She explained the safety of the kids using the field was her top priority, and the renovation would be an asset to the park and the neighborhood association. Rachel Palomaki, 1280 Fairfax Street, and Julie Kiefer, 2810 Fox Tail Lane, stated they were present to represent the Sawyer Creek Neighborhood Association. Ms. Palomaki explained the neighborhood association was seeking approval for the buckthorn grant and a grant for a master plan for the neighborhood trail system. Ms. Kiefer explained buckthorn was an invasive species that was a significant concern in the neighborhood. She stated the neighborhood had been in existence for over 20 years and there was not a master plan in place, and having a consultant develop a plan would remove neighborhood politics from the situation. W. PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Ron Hansche, 52 Eveline Street, stated he was the coordinator for the Stevens Park Neighborhood Association, and most of the items they had requested were related to park safety. He explained the association intended to improve the accessibility of a shelter, add a plaque identifying trees and install a bulletin board for the parks department and the neighborhood association to promote events and information. He stated they would like to install signage on both ends of a pathway through the park and create a method for keeping vehicles off of the path. Council Member Herman complimented the citizens for getting involved and joining in the public/private partnership. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the first budget workshop on Wednesday, July 261h at 5:00 p.m. Mr. Rohloff stated City staff would provide as much of the preliminary information as possible. Mayor Cummings explained discussion related to the request for greater City participation in the Oshkosh Farmers Market would take place at the July 251h Council meeting. CITIZEN STATEMENTS TO COUNCIL Dennis Reimer, 2235 Brookview Court, Apt G, stated he had a conversation with Mr. Rohloff regarding the grounds at Sawdust Days. He explained they were dirty and unsanitary. He stated he believed that the grounds at Winnebago County Park were better suited for the event and was concerned Menominee Park would be damaged. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Council Member Krause explained he would like to request a presentation at the July 251h Council meeting by ReThink Youth Coalition on the benefits of smoke free parks. W PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 Mr. Rohloff stated the presentation would take place at the beginning of the meeting, separate from citizen statements. Mayor Cummings recognized City Attorney Lynn Lorenson for celebrating her 251h anniversary with the City. CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff explained the two final items related to Buckstaff demolition and remediation charges were within the budget. He stated Statewide Razing would address asbestos removal and Vinton Construction would facilitate the crushed gravel. He explained due to the efforts of public works, the City was under budget for remediation of the site. Council Member Herman stated he had received calls from concerned citizens questioning when the City saved money on a street project if the funds needed to be reallocated to the same type of program. Mr. Rohloff stated that was correct. Council Member Herman questioned if an approved storm water project came in under budget, would the funds have to be allocated to another storm water project. Mr. Rohloff stated that was correct and the only alternative was borrowing less funds. Council Member Herman stated the calls had been in reference to over budgeting and allowing the City to move the funds to other projects. He explained it was his understanding that funds designated for a particular type of project had to remain with the same type of project. Mr. Rohloff stated yes. Council Member Pech stated it was also related to arbitrage rules in relation to bonding. Mr. Rohloff explained he believed that the arena project was on schedule with a first game set for November 17th. He stated he had included a draft of the survey on boards and commissions in the Council packet and welcomed any feedback. He explained the goal 20 PROCEEDINGS OF THE COMMON COUNCIL —JULY 11, 2017 was to get the survey out early the following week. He stated it was designed to allow Council to compare responses from different types of groups. Council Member Palmeri questioned if Council would review the response from the boards and commissions first and then take the survey. Mr. Rohloff indicated everyone would take the survey at the same time. He asked for Council to provide any recommendations regarding the structure or content of the survey as soon as possible. Mayor Cummings stated each of the chairs of the boards and commissions would be responsible for explaining the role of their committee. Jane Daughterty, 11 Canniff Court, stated she had not been able to approach the podium fast enough during citizen statements. She explained she was present on behalf of the senior center to encourage individuals to attend the Food Truck Friday events at South Park on July 141h and August 111h. MOTION: ADJOURN (Panske; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:46 p.m. PAMELA R. UBRIG CITY CLERK 21 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JULY 25, 2017 REGULAR MEETING held Tuesday, July 25, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Jake Krause, Tom Pech Jr., Lori Palmeri, Deb Allison-Aasby, Steven Herman, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Caroline Panske read the Invocation. The Pledge of Allegiance was led by Council Member Panske. PRESENTATION Andrea Halstead, 1615 Bismark Avenue, Jamie Constantine, 1141 W. 61h Avenue, Lindsey Erickson, 240 Algoma Boulevard, Apt 310 stated they were present on behalf of ReTHINK Youth Coalition to discuss tobacco free parks in Oshkosh. Ms. Constantine explained ReTHINK was a community coalition affiliated with the Winnebago County Health Department geared towards helping promote healthy habits. She stated they were also members of FACT, a youth created and led movement focused on youth informing their peers about tobacco. She explained one of their practices was organize cigarette butt clean ups. She stated cigarette butts have been a continual problem in Oshkosh parks. Ms. Halstead explained the majority of the concern related to tobacco use in parks included litter, secondhand smoke, children and animals coming into contact with cigarette butts. She stated parks should be a healthy place for the entire community to exercise, relax, be safe and enjoy nature. She explained several municipalities in Wisconsin had adopted tobacco free parks ordinances including Appleton. 1 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Ms. Constantine stated there were several misconceptions related to tobacco free parks and explained education was key. Ms. Halstead explained the benefits of tobacco free parks, including promoting a healthier community, reducing litter and preventing secondhand smoke exposure. Ms. Erickson described best practices for tobacco free parks such as including all city owned and managed parks, including all tobacco products, signage and education. Council Member Krause thanked the representatives of ReTHINK for their presentation, and explained he was encouraged to see members of the youth community involved in promoting a healthy Oshkosh. He stated he had three small children and supported the initiative as he wanted a safe place for them to play. Council Member Palmeri questioned if other municipalities included city sidewalks in their ordinances that disallowed smoking in parks. Ms. Constantine stated in reviewing ordinances from other communities they had not encountered one where smoking was prohibited on city sidewalks. She explained they wished to have a more comprehensive ordinance than neighboring municipalities such as Appleton. Council Member Herman stated he would welcome the topic at a parks board meeting. Mayor Cummings suggested they add that smoking was not allowed in the Menominee Park Zoo to their presentation. PUBLIC HEARING Resolution 17-356 Approve Final Resolution for Special Assessments — Contract No. 17-19 Aviation Business Park Water Main Loop MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings 2 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Council Member Herman stated he had concerns related to delays from Winnebago County. He questioned why the City would continue to move forward if the County had not taken any action. Mr. Rohloff stated City staff shared those concerns and he had addressed them with Mark Harris, County Executive. He stated there were benefits to moving forward with the water main loop over and above benefiting the aviation business park. He explained the City would like to keep moving forward despite the lack of progress from the County because of the impact it would have on the water system as a whole. Mr. Rabe stated constructing the water main would ensure that the City had adequate water supply to the business park and adjacent areas, especially for fire flow for the industries. He stated it would also increase the ability to expand water main service along Poberezny Road which would help support future development. Council Member Palmeri stated she understood residents were notified of the construction sequence one week prior to construction beginning. She questioned if it would be possible to notify residents two weeks prior, to allow residents with disabilities or special needs time to make arrangements. Mr. Rabe stated it was a practice to make special accommodations for those with disabilities and to address access concerns ahead of time with contractors. He explained he believed a week notice was sufficient for a road closure, however, City staff did try to reach out as soon as possible to anyone who may need to make arrangements due to a disability. Mr. Rohloff explained residents were often notified through things such as public hearings that construction would be forthcoming, and City staff was able to answer questions at that time as well. Council Member Palmeri questioned if it would be possible to include a two week notification within the contracts as standard. Mr. Rabe stated it would be a possibility. Council Member Palmeri questioned if the letters included language addressing residents who may have an access challenge. 3 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Mr. Rabe stated there were multiple letters sent to residents regarding construction projects, and language was included that encouraged residents with an access challenge or neighbors with an individual with a challenge to contact City staff. He stated the most critical type of project to get information out to those with disabilities was street reconstruction where driveways had the potential to be blocked for significant amounts of time. Council Member Pech stated he had reached out to the chair of the county board's aviation committee as he found the delay concerning. Council Member Herman explained he had been contacted by a citizen with special needs who lived on Canniff Court and she stated special accommodations had been made for her that were appreciated. Mayor Cummings stated the construction project on Say Shore Drive had been a smooth and positive experience. CITIZEN STATEMENTS Jonathan Berger, 684 W. 41h Avenue, stated he was present to address the noise problem related to the yard waste grinder on 3rd Street. He explained the barrier that had been constructed did not prevent the noise and he had concerns about the spores that were released from the grinding. He stated he and his neighbor had constructed a berm in hopes of softening the noise and had recently been told that the neighbor's section had to move. He questioned what options were available to address their concerns. He stated one of his biggest concerns was early morning noise. He explained he had been instructed to contact the police department for each noise disturbance, however, it had not made an impact on the continuation of the noise. He stated he had called a phone number affiliated with the City manager's office as well as Council and he had not received a call back. Council Member Pech stated each of the Council Members had phone numbers listed on the City website. He explained the Council did not have a central number. Mr. Berger stated in the phone book it listed a number for Common Council that went to the City manager's office. F. PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Council Member Pech provided Mr. Berger his phone number and suggested he follow up with the planning department. Mr. Rabe explained a portion of the berm had been constructed in the public right of way. He stated Steve Gohde, Assistant Director of Public Works, and additional City staff had met with Mr. Berger's neighbor. He explained the City Attorney's office had drafted an encroachment agreement that was in the review process. He stated the agreement may not require immediate removal of the berm, however, in the future when 3rd Avenue was reconstructed it may need to be removed as it was partially located within the public right of way. Council Member Palmeri stated she and Mr. Berger had a phone conversation, and she had also been confused by the phone number he had referenced. She explained it was her understanding that he had contacted the police department who had completed decibel readings of the noise. Mr. Berger stated the police department had not conducted decibel readings; Mr. Berger and his neighbor had their own decibel readers. Council Member Palmeri questioned if he had received a return call when he attempted to reach out to Council through the City manager's office. Mr. Berger stated he had not and had assumed he and his neighbor were being ignored. Council Member Palmeri thanked Mr. Berger for attending the meeting and sharing his concerns. Mr. Rohloff stated he would provide Mr. Berger with his contact information. He explained he had not received a message and apologized for the inconvenience. He stated the police department would facilitate the noise complaint. Council Member Palmeri stated it was her understanding that Mr. Berger had reached out to the police department and had not received follow through as a result of those calls. Mr. Berger questioned if the next step was to demand that they be ticketed. 5 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Mr. Rohloff stated he would speak with the police Chief. Council Member Palmeri stated she appreciated Mr. Berger's efforts of trying to be a good neighbor and solve the problem. Mr. Berger stated it was his family home and he wished the noise would stop on Sundays as well. He thanked Council. Rob Hartley, 1711 Punhoqua Street, stated his residence was located near the entrance to Lakeshore Golf Course and he had lived there for approximately 10 years. He explained he had recently been made aware that the future of Lakeshore Golf Course was uncertain. He stated through multiple conversations he learned of the support that the golf course had from the community. He explained he had started a Facebook page supporting the golf course and had positive feedback regarding the course from residents and former residents. He stated he had created a petition titled 'save Oshkosh parks' because as he was not a golfer, he recognized that the course is more important than just golf. He explained it was the community's and City's responsibility to be custodians of the City parks. He stated the golf course had a notable history and should be preserved. He explained there were several professional golfers who had learned the sport on Lakeshore and would not have been able to afford a private club; the City and the community made their success possible. He stated he had received response from the Mayor and Council Members and was appreciative of that, and had been informed that they did not have plans to sell the course. He explained he was confused at that response as the City was completing a feasibility study on the course. CONSENT AGENDA Report of Bills by the Finance Director Approval of Cash Report from June 2017 Receipt & Filing of Oshkosh Public Library Minutes from May 25, 2017 Receipt & Filing of Oshkosh Public Museum Board Minutes from May 30, & June 1, 2017 Receipt & Filing of Common Council Minutes from May 9, 23 & June 13, 2017 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Receipt of Claims filed with the City's Insurance Company: A) Dawn & Rich Denis for alleged damages to vehicle from asphalt B) James Lang for alleged damages due to a new water main installation Resolution 17-357 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for Design Services of the Parkway Avenue Watershed Detention Basin ($78,650.00) Resolution 17-358 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for Kienast & Paulus Quarries Landfill Gas Extraction System Design & Bidding Services ($175,200.00) Resolution 17-359 Approve Amendment to Engineering Services Agreement with AECOM Technical Services, Inc. for Environmental & Engineering Services Related to the Former Kienast & Paulus Quarries ($34,950.00) Resolution 17-360 Approve Amendment to Engineering Services Agreement with AECOM Technical Services, Inc. for Construction Monitoring & Documentation Services for Marion Road Water Tower Replacement ($30,687.50) Resolution 17-361 Award Bid for Public Works Contract No. 17-19 to Vinton Construction Company, Inc. for Aviation Business Park Water Main Loop ($1,598,113.98) Resolution 17-362 Approve Purchase of Road Salt for Winter 2017-2018 for the Department of Public Works through WDOT from Compass Minerals ($149,784.00) Council Member Palmeri asked for an explanation of the different options the Department of Transportation (DOT) had described for road salt. Mr. Rabe stated local municipalities that participated in the DOT contract were committed to three areas. He explained the first was an early season fill and because the City's salt shed was full, this was not required. He stated the City had committed to 2,000 tons of salt to be purchased throughout the season. He explained the DOT allowed for VA PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 an additional 20% that would be allowed to be purchased, which equated to approximately 400 tons for the City. Council Member Palmeri questioned if the optional purchase of 400 tons would be towards the end of the season if supplies were running low. She stated she had been questioned as to why the City would not purchase the complete 2,400 tons. Mr. Rabe stated it was an estimate as to what the winter would bring. He explained the previous winter they would not have needed any additional salt and did not have room for the additional fill. He stated if the weather caused the City to use more, they would consider the additional fill at that time. Council Member Palmeri stated they had taken the option last year and had not needed it. She questioned if that resulted in savings. Mr. Rabe stated yes. He explained the City was not obligated to take the additional 20% although the option was there in the event it was needed. Resolution 17-363 Award Sid to Casper's Truck Equipment for Service Body with Crane for Wastewater Treatment Plant ($57,979.00) Resolution 17-364 Rescind Resolutions 17-308 & 17-309 for Professional Services for Playground Design & Installation for Menominee Park Sea, Sand & Sailor Land & Fugleberg Park Council Member Herman questioned if the improvements would be put in place to avoid similar concerns in the future. Mr. Rohloff stated yes. Resolution 17-365 Approve Professional Services Proposal to Lee Recreation LLC for Playground Design & Installation for Menominee Park Sea, Sand & Sailor Land ($122,500.00) Resolution 17-366 Approve Professional Services Proposal to Lee Recreation LLC for Playground Design & Installation for Fugleberg Park ($120,098.00) PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Resolution 17-367 Accept Drainage Easement of 751 South Washburn Street Resolution 17-368 Approve Special Event — Oshkosh Zoological Society to utilize Menominee Park Zoo for their Eagle Extravaganza Birds & Brews at the Zoo / August 19, 2017 Resolution 17-369 Approve Special Event — Friends of Oshkosh Community Media (OCM) Inc. to utilize City Hall & Parking Lot for their Oshkosh Media 30th Anniversary Celebration / September 9, 2017 Resolution 17-370 Approve Special Event — ReTH!NK to utilize Menominee Park & City streets for the ReTH!NK Addiction Run / September 9, 2017 Resolution 17-371 Approve Special Event — UW Oshkosh Police Department & Special Olympics Wisconsin to utilize City streets for the Run with the Cops 5K / October 5, 2017 Resolution 17-372 Approve Special Event — Oshkosh North High School Student Council to utilize City streets for the Oshkosh North Homecoming Parade / October 6, 2017 Resolution 17-373 Approve Special Event — Reach Counseling Services & Christine Ann Domestic Abuse Services to utilize City streets for the Take Back the Night event / October 18, 2017 Resolution 17-374 Approve Block Party — Dale Allen to utilize Bay Street between Otter Street & Ceape Avenue to hold their neighborhood block party / July 29, 2017 Resolution 17-375 Approve Block Party — Barbara McClain to utilize Rugby Street between W. 111h Avenue & W. 121h Avenue to hold their neighborhood block party / August 5, 2017 Resolution 17-376 Approve Block Party — DeShawn Rodgers to utilize Stillwell Avenue between Wisconsin Street & Beech Street to hold their neighborhood block party / August 19, 2017 G PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Council Member Palmeri questioned who reviewed block party applications. Kathy Snell, Special Events Coordinator, explained if the timing did not allow for the special events review committee to review the block party application, she would send an email to the committee members to determine if there was any concern with the party. She stated if she did not receive any negative feedback she then brought the application before Council. Council Member Palmeri stated it was her understanding that there had been concerns noted on the application from Peter and Nick Lang regarding the neighbors potentially using a vacant lot adjacent to the party. Ms. Snell stated the vacant lot was located behind several businesses in the area and she had reached out to the businesses to make sure they were comfortable with the block party. Council Member Palmeri questioned if the notes belonged to Ms. Snell. Ms. Snell stated yes and that she had reached out to the individual businesses to make sure they were okay with the block party. She explained there had been a block party at the same location last year without incident. She stated she had not received any concerns. Council Member Palmeri stated there was concern that the vacant lot should not be used. Ms. Snell indicated yes, that utilizing the vacant lot would pose liability concerns. Resolution 17-377 Approve Block Party — Lisa Helbing to utilize Nevada Avenue between Wisconsin Street & Jackson Street to hold their neighborhood block party / September 1, 2017 Resolution 17-378 Approve Block Party — Susan Ames to utilize Walnut Street between W. New York Avenue & Short Street to hold their neighborhood block party / September 2, 2017 10 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Resolution 17-379 Approve Block Party — McHenry Johnson to utilize Fairfax Street between Pheasant Creek Drive & Rebecca Run Street to hold their neighborhood block party / September 9, 2017 Resolution 17-380 Approve Appointment to the following Boards & Commissions: Redevelopment Authority, Sustainability Advisory Board & Museum Board Resolution 17-381 Disallowance of Claim by State Farm Insurance on behalf of April Chase Resolution 17-382 Approve Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Panske) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-383 Modify Parking Regulations on New York Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-384 Designate Nevada Avenue as through Street at Intersection with Evans Street (Evans Street Stops) FIRST READING; LAID OVER UNDER THE RULES 11 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Ordinance 17-385 Designate stalls in Ceape Avenue Parking Lot as Leased Parking (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings MOTION: ADOPT (Panske; second, Pech) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Council Member Pech stated it had been noted by City staff that the lot was under parked and there would still be ample stalls available after the conversion, therefore parking would not be taken away from the general public. Mr. Rohloff stated that was correct. Resolution 17-386 Approve Development Agreement with Annex, 71 LLC for Redevelopment of the Former Lamico Property MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (5) Panske, Krause, Pech, Herman, Mayor Cummings Noes (2) Palmeri, Allison-Aasby Russ Reff, 217 Ceape Avenue, stated he was the local counsel for the developer and thanked Council and City staff for accommodating a tight timeline. He explained for the units to be ready for students in fall of 2018, the deal needed to close that week and remediation and site work would need to begin the following week. Council Member Palmeri questioned what would happen if the remediation did not begin on schedule. Mr. Reff stated it was critical for construction to be complete and there was little time in the schedule for delays. Council Member Pech asked for an explanation of the highlights of the development agreement. 12 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Allen Davis, Director of Community Development, explained the applicant would receive 75% of the tax increment which was a change from more recent TIFs. He stated it would be a 'pay -go' TIF, which meant the developer would not receive any of the tax increment unless they performed and created value that would turn into property taxes that was paid as a development incentive on an annual basis. He explained if the developer did not achieve value, they would not receive a return. He stated the City would save 25% for costs such as the cul-de-sacs, the river walk connection and administrative. He explained the application was in line with the TIF policy that had been established approximately a year ago. Council Member Panske stated the development agreement included language regarding a land swap related to the water tower. She questioned if there was a timeline established. Mr. Davis stated the developer would only have access to the land once the City's existing water tower was demolished. Council Member Panske stated she understood the developer had plans for the land. Mr. Davis explained it would be a storm water management pond. He stated there would be a delay until the new water tower was complete to allow for the demolition of the old water tower. He explained it would likely take place in 2018 largely due to the timing of the water towers and the DNR would need to certify that both parcels met requirements for the cleanup. Council Member Panske questioned if there would be a change in the timeline, if City staff would draft an amendment. Mr. Davis stated the development agreement would return to Council for review if the land swap did not occur. He explained there was an additional small piece of property owned by the Redevelopment Authority (RDA) that would be included and become taxable property, also eliminating the RDA's requirement to maintain the property. Council Member Allison-Aasby explained while she was excited about the project she had concerns about the developers agreement, such as the lack of a look back clause. She stated she appreciated the length and increment percentage of the TIF. She explained there was 2.5 million that was allocated for soil remediation and in the past other 13 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 developers had applied for Wisconsin Economic Development Corporation (WEDC) and Wisconsin Department of Natural Resources (WDNR) grants to reduce the cost of remediation. She stated while it was a 'pay -go' TIF, which was advantageous, the City would pay 5% on the 2.5 million back to the developer. She explained the developer stated the 5% covered the interest that they would pay to a financial institution for a loan. Mr. Davis stated the developer would need to take out a loan to cover the upfront costs. Council Member Allison-Aasby stated commercial loans had an average of a 3% interest rate. She explained she did not believe the City should agree to 5% and was concerned that there was not a look back clause. She stated the funds for TIF payments for existing projects came out of the operational budget, and the longer TIFS were not generating enough tax revenue to accommodate additional TIFs. She explained borrowing from general obligation funds for non-profit TIF projects resulted in a tax benefit. She questioned if there would be a tax detriment to the municipality because the developer was a private, for profit company. Mr. Davis stated not that he was aware of. He explained TIF funds were separated from the operational and CIP funds. He stated he had a conversation with Trena Larson, Finance Director, and he did not believe she saw an impact on the operational/CIP side. Council Member Allison-Aasby stated it was a good time to review the TIF portfolio as there were under performing TIFs and TIFs that had done better than anticipated. She explained she was in favor of the project and the majority of the developers agreement, although she believed there would need to be an amendment to change the 5% interest rate and look back clause. Mr. Davis explained the look back clause was a recent addition to developers agreements and had been introduced to offset the TIFs that had a 90% tax increment contribution. He stated if the developer agreed to 75%, the application did not ask for a look back clause. He explained considering adding a look back clause as standard policy would be a good discussion to have at the TIF workshop. Council Member Palmeri stated she was concerned about the lack of a look back clause as well. She explained it was her understanding that it would offer additional protection to the City. She stated she had been excited about the project and what it would bring to the community, however, the lack of the look back clause and the 5% interest rate gave 14 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 her reservations. She questioned if the City paid the 5% interest rate, and the developer obtained financing for between 3% and 4%, if their internal rate of return (IRR) would be impacted. Council Member Herman stated there was not existing policy on the inclusion of a look back clause and it would be a good item for discussion during the workshop. He explained that did not mean it could not be proposed as an amendment to the developers agreement. He questioned how the 5% interest rate had been calculated. Mr. Davis stated it was based on research completed by Ehlers; they reviewed the borrowing costs that the developer would incur. He explained the rate varied by project, and Todd Taves, Senior Municipal Advisor, Ehlers, had indicated that the developer's banking relationships, financial position and project risk factored in to the rate. He stated the 5% rate was based on those factors and current market conditions. Mr. Rohloff questioned how the rate compared with recent developers agreements. Mr. Davis stated it was lower than the Granary and was the same as the arena, however, the arena had the potential to escalate higher than 5%. He explained 5% was on the low end of the interest rate spectrum. Mr. Rohloff questioned what the rates had been for the Beach and Washington buildings. Mr. Davis stated he did not have that information with him. Mr. Rohloff explained the interest rate was based on an analysis of the developer's cost of borrowing, which could fluctuate depending on the nature of the project. Mr. Reff explained financing was in place and the interest rate was slightly less than 5%, however, when borrowing fees and the delay as a result of the TIF payments not beginning until 2020, the effective rate of interest would be either at 5% or slightly above. He stated it was important to remember the interest would be paid out of the TIF fund, therefore if the development did not generate revenue, the interest would not be paid. He explained the soft costs would not exceed what was listed in the developers agreement, and if the cost was less than what was anticipated, the amount of tax increment paid to the developer would also be less. He stated the estimates were high as the estimated cost would not be permitted to be exceeded, however, it was possible it could go down. He explained the concern with adding a look back clause was the 15 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 developer had a loan closing within days that was contingent on having a signed developers agreement. He stated drafting a look back clause would take significant work and time, and would not be feasible before the closing date. He explained the look back clause was exercised when the rate of return was above a particular level; he stated he believed for past projects it had been between 15% and 20%, and the forecasted rate was 11%, which was significantly below those numbers. He stated the look back typically occurred 10 years into the project, and the TIF was anticipated to be closed within 13 years. He explained the City had hired Ehlers as a financial consultant; they had reviewed the application and projected internal rate of return and supported the developers agreement. Mr. Rohloff stated he agreed with Mr. Reff's comments. He explained the look back clause had been added to recent TIFs that had a lengthy maturity period. He stated due to the projected length of the TIF, if a look back was done at 10 years, and the results warranted an increase, the TIF would be near completion at that point. Council Member Palmeri questioned if a look back could be done earlier, around approximately 6 years into the project. Mr. Rohloff explained the developer would not be far enough into the life of the project for a look back to make sense in 6 years. He stated they would not receive the first tax increment until 2020. Council Member Herman stated it was his understanding they were able to review and make changes to any TIF at any time. Mr. Rohloff stated they were able to review TIFs, however, they were not able to make the type of changes a look back clause would allow. Council Member Herman stated he believed the policy needed to be tightened up as a protection for the City and it would be an appropriate discussion for the upcoming TIF workshop. He explained he did not believe it was the right time to add it to the Annex developers agreement, however, it was something that should be considered for the future. Mr. Rohloff explained the look back clause was not removed; it did not belong in the agreement in the first place. 16 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Council Member Herman stated the look back clause had been added to recent TIFs on advice of City staff due to their length. He explained adding the look back clause now would be detrimental to the timeline of the project. Mayor Cummings and Council Member Panske stated they agreed. Council Member Allison stated she would like to be accommodating, however, projects tended to move through the process quickly, leaving limited time for Council to look at and discuss the different components. She explained Council had been provided the developers agreement the Friday prior to the Council meeting which did not leave much time for review. She stated she felt as though the project was being 'jammed through' and there was something about it that felt uncomfortable. She explained if her fellow Council Members would not be willing to support an amendment, she would not support the project. She stated her lack of support was not due to the nature of the project and she was in favor of a majority of the developers agreement. Mayor Cummings explained he believed Council needed to provide City staff with specific guidelines in regards to timelines. He stated if it was determined that Council required a specific timeframe to review potential developers agreements, they needed to set that timeframe into policy. Council Member Palmeri stated she believed Council had requested that in the past. She explained the application had been compared to other recent TIFs that had passed, and each of those had look back clauses. She stated it had been a surprise. Council Member Pech explained there had been concern related to the length of recent TIFs, which was why the look back clause had been included in those agreements. He stated because the TIF was significantly shorter in duration, a look back clause was not necessary. He explained the project was on a tight timeline and he understood it was moving through the approval process quickly. He stated if the project was not approved there was a possibility it would not move forward or would be substantially delayed. He explained he felt comfortable with what had been established in the agreement and believed it was important for Council to come up with a policy in place to address such concerns ahead of time. Council Member Allison-Aasby stated she and Council Member Pech had served together for some time, and believed he should know that she chose her battles carefully. 17 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 She explained for her to bring something forward was the result of considerable thought; she was not picking apart the developers agreement, she had genuine concern. She stated she appreciated the creative ways City staff worked to develop progress in the City. She explained the TIF workshop had provided excellent education although had not left any time for discussion. She stated she believed regardless of the length of the TIF a look back clause was appropriate, as she believed it was a safety net for the City and taxpayers. Council Member Krause stated he believed the project was being presented as if Council did not act now, the deal would be'here today, gone tomorrow'. He explained additional time for review would have been appreciated. He stated it felt rushed. Council Member Panske stated she would support the project and felt as though there had been adequate time to review the information. She explained she did not believe it was an appropriate time to bring up an amendment. She stated if there were concerns they should have been brought to the developer and fellow Council Members ahead of time. Council Member Allison-Aasby stated she disagreed, communication between multiple Council Members was not permitted. Council Member Panske stated the concern could have been shared with City staff. Council Member Allison-Aasby stated it had been. Council Member Panske stated she had not received any information. Council Member Allison-Aasby stated that was due to the fact that she was not permitted to communicate with multiple Council Members. Council Member Panske stated City staff could have brought something forward prior to Council voting on the resolution. She explained she agreed it would be an appropriate discussion for a workshop and should be addressed as a policy issue. Council Member Herman stated he understood that there had been discussion about bringing both the TIF and the developers agreement to Council at the same time. He explained he did not favor that idea and appreciated the time to weigh the two separately. He stated he believed City staff had done their due diligence although he had concern that Ehlers perhaps did not always have the City's best interest in mind. He explained W. PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 he was aware there were other organizations that the City could use, although they had been consistent and were familiar with TIF policy. He stated he believed it was a great project that was needed in Oshkosh and would improve student housing. He explained it was an opportunity for the City to lead while eliminating a blighted property. Mayor Cummings stated he would support the project and had faith in both City staff and Ehlers. He explained in a short period of time, the core of the blighted former industrial part of Oshkosh had been transformed. He stated he believed certain projects moved fast, and Council needed to be prepared to analyze things fast and make decisions. He explained he believed TIFs were part of doing business and if Oshkosh did not do it another City would. Council Member Palmeri questioned how much time it would take for a look back clause to be added if an amendment were to be approved. Ms. Lorenson stated it would need to be completed prior to the developer's closing. Council Member Palmeri questioned if the developer were to reschedule their closing, how long it would take to incorporate a look back clause. Ms. Lorenson stated she did not believe the closing would be able to be rescheduled, therefore it would need to be completed prior to the closing, which would be extremely difficult. Mr. Rohloff stated City staff would not be able to get it done in time as it was a complicated task. He explained he understood Council's desire to review policy in the future, however, he believed the agreement had been thoroughly vetted. He stated the provisions related to the land swap were an example of the effort City staff had put into making the agreement the best deal for the City. He explained the look back clause was a relatively new concept, and the City had only been completing 'pay -go' TIFs for the last 5 to 7 years. He stated Council had the ability to provide City staff with direction in regards to TIF policy. He explained he believed this particular agreement would work for the City in the long term. He stated Ehlers had also provided their best recommendation. He explained there was always room for improvement and new ideas. Mr. Davis explained Ehlers had suggested the addition of the look back clause originally when they became involved with the TIFs that would receive 90% tax increment. W PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Mr. Rohloff stated related to the future TIF workshop, he would like to be cognizant of the time Council would require to comfortably review future TIFs. Resolution 17-387 Request from Oshkosh Farmer's Market to Waive Special Event Fees MOTION: ADOPT (Herman; second, Pech) MOTION: WITHDRAWN UNTIL COUNCIL WORKSHOP ON SPECIAL EVENTS (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Michael Kuehne, Board Chair of the Oshkosh Farmers Market, 5391 County Road K, stated the Farmers Market was a community event and requested Council to defer consideration of their request until August when special event fees were considered. He explained as a community event they fulfilled a unique function. He stated they were funded on vendor fees and community contributions. He explained the vendors consisted of mainly small farmers who were price sensitive, and if fees increased the market would have difficulty attracting vendors. He stated they ran a break even budget and existed for the good of the community. Mayor Cummings questioned if they were withdrawing the request. Mr. Rohloff explained they were requesting it be delayed. Council Member Palmeri stated she had hoped Council would have the report from the special events fees stakeholders meetings prior to the discussion. Mr. Rohloff explained the deadline for the report was prior to the budget workshop. Council Member Pech stated he understood Mr. Kuehne's comments, however, if the City waived special event fees and deviated from special event policy, it could begin a slippery slope. He explained he understood the Farmers Market served a unique purpose in the community, although he believed the same could be said about many special events. He stated he believed it was important to not manage by exception and adhere to the policy once it was developed. He explained special events had a direct correlation to budgetary issues. 20 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Resolution 17-388 Order Assessor's Plat for 1300 Block of Ceape Avenue — (Petition Received in favor of Assessor's Plat) MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Panske, Krause, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Danae Steele, 428 91h Street, Neenah, stated she owned a home at 1334 Ceape Avenue and had started the petition. She explained they had purchased the home in September as a rental property. She stated they had wanted to fence the yard and had been turned down for a permit due to what she believed was irrational property lines. She explained the property lines did not match the existing yards. She stated it would be difficult to sell property on that street until it was resolved because a title company would be unlikely to issue a title. She explained her neighbor had received a permit and was fencing across what she had previously believed to be her back yard. She stated she had reached out to a surveying company and had multiple conversations with Jeff Nau, Associate Planner with the City of Oshkosh, and it became apparent that it was known that the property lines of the block had been a concern for nearly 100 years. She explained she believed it would be a perpetual problem until it was resolved. She stated the best solution was to complete an assessor's plat. Council Member Palmeri questioned why the property owners believed the City should pay for the $3000 fee, and if they had considered sharing the cost. Ms. Steele stated she had only been able to gather signatures from 4 out of the 7 property owners in the block. She explained the other three property owners were unwilling to sign because they did not want their present situations disturbed. She stated she believed the City had some responsibility; while the property lines had been drawn in the late 1800's, the City had allowed buildings to be constructed across the lines. She explained Mr. Nau had explained the applications for the permits showed the buildings placed differently on the property, however, City staff had not followed up to make sure the buildings matched the plans. She stated the City had been aware of the problem for some time and continued to allow buildings and fences to be constructed in the incorrect location therefore she did not believe it should be the sole responsibility of the property owners to remedy. She explained she personally would be willing to pay a portion, although she was unable to speak for the rest of block. 21 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Ms. Lorenson stated City staff had a discussion with the neighbors, and they had been concerned about the burden of paying the cost. She explained they had been able to identify other funds that were available. Mayor Cummings stated he had a discussion with Jeff Nau when the situation first arose and he believed the property lines had been incorrect since the 1850s. Council Member Herman stated it was explained in the City staff memo that state statutes require the governing body to pay for the costs. He explained Community Development Block Grants (CDBG) funds would cover the cost. Council Member Palmeri stated she respected the fact that Ms. Steele had been diligent as she understood it had been challenging. She explained she appreciated the time City staff had spent working to resolve the issue. Mayor Cummings stated he believed there may be other areas in a similar situation due to the age of the City. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER & FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the budget workshop on July 26th at 5:00 p.m. Mr. Rohloff explained City staff would provide projections on next year and reviewing how decisions at the state level may impact the City. Council Member Pech questioned if progress had been made on the state budget in Madison. Mr. Rohloff explained they were still working on the transportation budget and the likelihood of personal property tax going away was high. Council Member Pech questioned how the loss of personal property tax would impact the City. Mr. Rohloff stated there was supposed to be a'backfill', which would be explained at the budget workshop. He explained if that took place, the City would have minimal impact 22 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 in the short term, although in the long term backfills tended to decline. He stated there would be an additional budget workshop on August 291h at 5:00 p.m. Mayor Cummings stated there would be a follow-up TIF workshop and the date had yet to be determined. Mr. Rohloff explained August was a difficult month due to the budget process. He stated due to the depth the TIF workshop would take he wanted to schedule ample time for discussion. He explained he would tentatively schedule the workshop for Monday, August 281h at 5:00 p.m. He requested Council provide direction in relation to the list of items provided on the second page of the memo for direction to City staff on Council Chamber modifications and revised Council rules. He stated City staff had recommended taking away the public's ability to speak on an amendment as the amendment was typically in response to feedback from the public in the first place. He explained Council had the ability to deny a member of the public a right to speak on topics that were not public hearings, and therefore the word registration had been changed to request. Council Member Herman stated he believed that food and beverages should be permitted in Council Chambers and the remainder of the rules were common sense. Mr. Rohloff stated it would be brought back to Council for formal adoption with a finalized version. Council Member Herman stated he believed if a member of the public was inspired to speak on an item and had not planned on speaking, they should still be allowed to. He explained he did not believe it happened that often. Mr. Rohloff stated that was up to Council to decide. Council Member Palmeri stated it appeared to her that the word registration had not been changed to request. Mr. Rohloff stated it appeared the provision that Council was able to accept or deny a speaker based on their discretion, and not the verbiage that had changed. He explained having the public register would help the City Clerk record the name and address of the speakers. He stated the new consent agenda procedure would include scrolling the consent agenda items prior to the start of the meeting. He explained when it was time to 23 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 discuss the consent agenda, it would be explained that the consent agenda included the following item numbers, and the public would have an opportunity to discuss, as would Council, who would also have an opportunity to pull an item for separate consideration. He stated City staff at the dais may vary depending on agenda topics and audience seating would remain behind the speaker at the podium. He explained it would be up to Council to decide if a police officer should be in attendance at the meetings. Council Member Panske questioned if it would be an on -duty officer. Mr. Rohloff stated yes. Council Member Krause stated it was his understanding that firearms and other weapons were not permitted anywhere in the building, and he believed posting it outside Council Chambers may cause confusion. Mr. Rohloff stated that Dean Smith, Chief of Police, believed it was important to reiterate that such items were not allowed. He explained in the event that an individual missed the posting at the door, it would be included in the preamble to the meeting. He stated they would need to be prepared for a computer glitch and would have forms available. Council Member Herman questioned who would read the preamble. Mr. Rohloff stated it would typically be the police officer present, however, it was possible other City staff would read it. He explained if there was no additional feedback, City staff would bring the new Council rules forward for adoption at a future meeting. Council Member Pech stated he would be travelling for business on Tuesday, August Stn and would not be able to attend the Council meeting. Ms. Ubrig indicated it had been noted. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. 24 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings stated the City would be participating in the National Night Out on August 1St and 10 of the 13 neighborhood associations were planning an event. He requested the times and locations of the events be posted on Oshkosh Media. Mr. Rohloff stated they would be. Council Member Herman stated the free concert series at the Leach Amphitheater had begun and took place on Tuesdays. CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff explained a group of stakeholders and City staff had formed a working group to discuss special event fees. He stated the group would provide City staff with their recommendation within the week. He explained he believed everyone within the group understood the topic and varying viewpoints were better than when it had been introduced several months ago. He stated the information would be beneficial to have prior to budget discussions. He explained the participants had a general agreement on the proposed methodologies. Council Member Herman stated it would be important to include specific fees within the ordinance to allow groups to know exactly what they were going to be paying for, including the cost of officers, squad cars, fuel, paramedics, etc. Council Member Palmeri questioned if the report would be provided outside of the normal Council agenda packet. Mr. Rohloff stated yes. He stated the new policy would not take effect until January 1st and he did not want to rush through the process. Council Member Palmeri stated last year Council had received a report on the results of Sawdust Days. She questioned if they would receive a similar report this year. Mr. Rohloff stated he had not talked with the police chief about it yet, however, he believed it was a standard procedure. He explained he would make sure Council received a copy of the information. 25 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Council Member Pech requested that the parks department receive the information as well. Mr. Rohloff explained that the parks department was involved in the debriefings. Council Member Palmeri stated she understood there was a special bus route for the week of EAA. She requested information related to how many riders utilized the service during the event and what the revenue was. Mr. Rohloff stated he would provide the information. Council Member Panske stated the transit advisory board reviewed that information in their August meeting. Mr. Rohloff stated technically it was a route that ran one week a year, as a result of being tied to federal funding. Mr. Rohloff explained there had been an amendment to the agreement with UW Milwaukee for archaeological investigations due to a site on Say Shore Drive. Mayor Cummings questioned if the City would receive a report once their study was complete. Mr. Rohloff stated they would, although the final report would take some time to complete and the project had not been stopped as a result. Council Member Palmeri questioned if there were specific requirements the City had to follow when there were human remains discovered. Ms. Lorenson stated yes and the work UW Milwaukee executed would be in compliance. Mr. Rohloff explained they maintained contracts for archaeological work to allow for a smooth process in the event of a discovery during a project. Mr. Rabe stated an archaeologist was consulted during initial reviews and there was a provision to allow for field work if it was required. He explained they had been onsite monitoring the excavations and once items were found additional staff was brought in. 26 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 He stated they kept the project moving and brought the necessary agreements the City needed to sign with the Wisconsin Historical Society. Mr. Rohloff explained there was a cooperative purchase of a pickup truck for the inspections division- weights and measures through the state contract. He stated the landmarks commission and the Grand Opera House advisory board had reviewed the agreement for enhanced balcony seating and several of the details related to the project had been decided. He explained the arena project continued to progress and he believed the contractor had begun work. Mr. Rabe stated the contractor was in the process of mobilizing to the site. Mr. Rohloff stated the 2nd quarter strategic plan update was complete and Council had been provided the executive report. Kortney Jenks, Human Resources Generalist, explained the executive report was a high level overview. She stated 90% of the strategic plan remained on track and 3% had been completed. She explained it should not be alarming to see '0%' reflected in categories due to the fact that it was only the 2nd quarter and it was a 2 year plan. Council Member Panske questioned what it meant if an item was noted as 'no update'. Ms. Jenks stated some items had not been started yet, therefore there was no update. Council Member Herman questioned if there were any notable gaps or any areas Council should review in greater detail. Mr. Rohloff stated implementing the recommendations of the 2016 parking study was only 25% complete as the City was still waiting on the signage and in terms of policy, Council had decided not to do on -street metering and promote parking education. He explained education would not take place until signage was in place and therefore there was delay in the action item. Council Member Palmeri questioned if it was anticipated that signage would be complete in fall. 27 PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Mr. Rohloff stated he believed it would be. He explained another item that was behind was encouraging at least one department open house annually. He stated he would be working with department heads to determine how best to facilitate that. He explained the clear water initiative/sump pump discharge that would require sanitary lateral policies was only 30% complete and Council would need to bring the policies before Council for approval. He stated the feasibility of improving the City's broadband capabilities was related to infrastructure and involved the City planning department, the school district and the UW Oshkosh. John Fitzpatrick, Assistant City Manager, explained it had been discussed from a community development perspective and the cost was extreme. He stated the focus then became the school district and what they required. He explained they were hopeful they would be able to convey some ideas from the initial meeting they had with UW and a consultant to the school district. Council Member Palmeri questioned if the City was asking the school district to take initiative instead of the City or if the City was asking to form a partnership. Mr. Fitzpatrick stated the discussion had begun with the possibility of having broadband throughout the entire community and that had been determined to be cost prohibitive. He explained one of the things that had come out of that dialogue was the circumstances of the school district, and there were not school district members present at the meeting. He stated the goal was to share information from the consultant with the school district to see what could be done. W. PROCEEDINGS OF THE COMMON COUNCIL — JULY 25, 2017 Mr. Rohloff stated it was an ambitious plan and a concern regarding broadband had not been brought forward by the school district. He explained he was uncertain what role the City would play. He stated the last item that was listed as behind schedule was the increasing and encouraging investment in maintenance of properties; he explained the City planned to develop a program and with the departure of Elizabeth Williams, former City planner, that had not happened yet. He indicated the task would be delegated to the new principal planner. He explained there were additional reports available for the individual strategies. He stated he believed 90% on track was respectable and the percent complete would increase in the future. MOTION: ADJOURN (Panske; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 8:26 p.m. PAMELA R. UBRIG CITY CLERK Wei