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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN JUNE 27, 2017 REGULAR MEETING held Tuesday,June 27,2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Deb Allison-Aasby, Steven Herman, Caroline Panske, Jake Krause, Tom Pech Jr., Lori Palmeri, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager;Angela Joeckel, Deputy City Clerk;Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Deb Allison-Aasby read the Invocation. The Pledge of Allegiance was led by Council Member Allison-Aasby. INTRODUCTION OF CITY STAFF Mr. Rohloff introduced Everett Butzine, Economic Development Technician, who had joined the Community Development department after graduation from UW Oshkosh with a degree in geography and urban planning. Council Member Herman questioned who was responsible for the neighborhood associations since Elizabeth William's departure. He explained he had a citizen reach out and question who to contact. Allen Davis, Director of Community Development, explained it was easiest to contact Darryn Burich, Planning Services Manager, as the neighborhood associations were shared between assistant planners. 1 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 PUBLIC HEARING Resolution 17-299 Approval Final for Special Assessments — Contract No. 17-22 Sawdust District Improvements MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Council Member Herman asked for an explanation of the boundaries of the Sawdust District. Mr. Rohloff stated for planning purposes, the Sawdust District included the area east of S. Main Street, south of the Fox River, and north of 141h Avenue. Council Member Herman questioned if portions of S. Main Street would be closed for periods of time related to road work. Mr. Rabe stated yes; there would be an item on the following Council agenda to approve the closure. CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Bills by the Finance Director Receipt of Claims filed with the City's Insurance Company: A) Mark Bradish for alleged damages due to water shut off during construction Resolution 17-300 Approval General Development Plan for a Multi-Tenant Retail/Office Use; 1000 Block North Washburn Street; (Plan Commission Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Council Member Palmeri asked for an explanation of the implementation plan and what the motivation was for the plan commission to request an approval to exceed the maximum number of parking units. Allen Davis, Director of Community Development, explained the general implementation plan was a broad perspective as to what the development would be on a particular site, such as the general location of buildings, parking and landscaping. He stated the specific implementation plan would include elevations and detailed specifications of the proposed parking design. He explained although the plan commission believed the layout was good, they had requested additional details that would be brought forward when the specific implementation plan was brought before Council. Council Member Palmeri questioned if the developer had provided a reason as to why they were requesting additional parking. Mr. Davis explained he believed it was related to what the potential tenants would require as part of their lease. Mayor Cummings stated the plan commission had felt the amount of parking was excessive for the potential use of the space; he explained the stores would be small and would not require much customer parking. He explained the developer would be returning to the plan commission with a revised plan for parking. Resolution 17-301 Accept Sidewalk & Traffic Signal Easement at 606 East Murdock Avenue (Plan Commission Recommends Approval) Resolution 17-302 Approve & Submit 2016 Wisconsin Department of Natural Resources Compliance Maintenance Annual Report / Wastewater Treatment Plant Resolution 17-303 Award Sid for Public Works Contract No. 17-20 to Wood Sewer & Excavating, Inc. for Storm Sewer Lateral / Various Locations ($333,473.00) 3 PROCEEDINGS OF THE COMMON COUNCIL-JUNE 27, 2017 Resolution 17-304 Award Sid to Packer City International & Monroe Truck Equipment for Tri-Axle Truck Chassis & Stainless Steel Dump body for the Water Distribution Division ($114,538.00) Resolution 17-305 Award Sid to Klink Equipment for Industrial Forklift for Water Filtration ($26,199.00) Resolution 17-306 Award Sid to Boerger LLC for Rotary Lobe Pumps for the Wastewater Treatment Plant ($48,501.00) Resolution 17-307 Approve Purchase of Traffic Signal Equipment from TAPCO for the Bowen & Murdock Reconstruction Project 17-05 ($39,095.40) Resolution 17-308 Approve Professional Services Proposals to Gerber Leisure Products for Playground Design& Installation for Menominee Park Sea, Sand & Sailor Land ($122,500.00) Resolution 17-309 Approve Professional Services Proposals to Gerber Leisure Products for Playground Design & Installation for Fugleberg Park ($120,098.00) Resolution 17-310 Approve Initial Resolution for Special Assessments — Contract No. 17-19 Aviation Business Park Water Main Loop Resolution 17-311 Approve Mutual Aid Agreement for Suppression of Forest Fires with the State of Wisconsin Department of Natural Resources Resolution 17-312 Approve Special Event — Rich's Barbershop LLC to utilize Menominee Park for the Party in the Park with Rich's Barbershop / July 23, 2017 Resolution 17-313 Approve Special Event — Winnebago County Fair Association to hold the Winnebago County Fair at Sunnyview Exposition Center / August 2-6, 2017 Resolution 17-314 Approve Special Event—PARTY.O to utilize Red Arrow Park for the Splashkosh event/August 5, 2017 4 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Resolution 17-315 Approve Special Event — Hmong Service Center, Inc. to utilize Winnebago County Community Park for the Hmong National Labor Day Festival/ September 2-3, 2017 Resolution 17-316 Approve Special Event—Winnebago County Labor Council to utilize South Park for the Labor Day Picnic & Car Show/September 4, 2017 Resolution 17-317 Approve Special Event — Lourdes Academy Student Council to utilize City streets for the Lourdes Academy Homecoming Parade / September 15, 2017 Resolution 17-318 Approve Special Event — Oshkosh Rotary Club to utilize Opera House Square for the Downtown Chili Cook Off/October 14, 2017 Resolution 17-319 Approve Block Party — Teri Weyenberg to utilize W. Sent Avenue between Jackson Street & Wisconsin Street to hold their neighborhood block party/July 15, 2017 Resolution 17-320 Approve Block Party — Jenny Boyd to utilize Washington Avenue between Hazel Street & Bowen Street to hold their neighborhood block party/July 29, 2017 Resolution 17-321 Approve Block Party—Jackie Steiner to utilize W 51h Avenue between Knapp Street & Idaho Street to hold their neighborhood block party /August 1, 2017 Resolution 17-322 Approve Special Class "B" Licenses, Operator & Taxicab Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-323 Approve Closure of Oshkosh Avenue from North Westfield Street to Eagle Street (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Panske) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Council Member Panske asked for an explanation of the closure. Mr. Rabe explained at the previous Council meeting a construction contract had been approved to construct utilities on Oshkosh Avenue, which would result in a 12 day closure to maintain safety during the sanitary sewer construction. Council Member Panske questioned when the closure would occur. Mr. Rabe stated the contractor would like to begin work on July 10th. He explained the road would be open during EAA and fully restored prior to the university move in weekend. Council Member Panske questioned if there would be detour signs posted. Mr. Rabe stated if the resolution were approved, advanced warning signs would go up tomorrow. Ordinance 17-324 Modify Parking Regulations to Restrict Parking on 101h & 111h Avenue from South Main Street to the end of the Street FIRST READING; LAID OVER UNDER THE RULES 6 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Ordinance 17-325 Modify Parking Regulations on Mill Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-326 Designate Ruschfield/Sawyer Creek Drive as through street at intersection with Mockingbird Way (Mockingbird Way stops at the intersection) FIRST READING; LAID OVER UNDER THE RULES Resolution 17-327 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Palmeri; second, Krause) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Resolution 17-328 A resolution providing for the issuance & sale of $[15,075,000] aggregate principal amount of Sewer System Revenue Bonds, Series 2017D, of the City of Oshkosh, Winnebago County, Wisconsin, providing details, prescribing the form of bond, awarding said revenue bonds to the best bidder & providing for the payment of said revenue bonds & other detail covenants with respect thereto MOTION: ADOPT (Pech; second, Palmeri) MOTION: AMEND MATURITY SCHEDULE, CORRECTION ON PAGE 8 OF ATTACHMENT (Pech; second, Herman) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Todd Taves, Senior Municipal Advisor, Ehlers, explained they had received a total of 8 bids and the winning bid came from JP Morgan with a 2.849% true interest rate. He 7 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 explained the issuance had been reduced by $1,205,000 down to $15,075,000, largely in part to a significant bond premium and unutilized underwriting discounts. Ms. Lorenson stated there was a last minute correction from bond counsel and requested Council make an amendment to include an additional page. Council Member Herman asked for an explanation of why the interest rate fluctuated. Mr. Taves explained the bidders built the bond premium into the non-callable portion of the bond issue, which was the upfront piece, and the 'coupon rate' would go down after the call period. Council Member Herman questioned if that meant they would be able to call the bond due. Mr. Taves stated the City would be able to call it due. Council Member Herman questioned what options the City had. Mr. Taves stated the City would be able to redeem the bond after 10 years and pay it off with cash, or refinance it. Resolution 17-329 A resolution determining to issue $[9,720,000] aggregate principal amount of Storm Water Utility Revenue Bonds, Series 2017E, of the City of Oshkosh, Winnebago County, Wisconsin, in such amount providing details, prescribing the form of bond, awarding the bonds to the best bidder & providing for the payment of said bonds & covenants with respect thereto MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Mr. Taves explained the winning bidder was Pieper Jaffray with a true interest rate of 3.031%, slightly higher than the other bond as storm water was rated a tier lower than sewer systems, resulting in a slightly higher cost of capital. He explained there was a reduction in issuance size resulting from a bond premium and unused underwriting 8 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 discounts. He explained the total cost in principal and interest over the life of the bond would be approximately$891,000 less than the original estimate. Resolution 17-330 Accept Donation of Enhanced Balcony Theatre Seating & Approve Agreement with the Oshkosh Opera House Foundation for the Grand Opera House MOTION: ADOPT (Palmeri; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Council Member Herman asked for an explanation of the plans at the Grand Opera House. Joseph Ferlo, President of the Grand Opera House, explained they had been looking at ways to maximize the ability of the Grand's earning potential with an audience and create an enhanced audience experience. He stated it was determined the area where the most dramatic improvement could be made was the balcony. He explained although it was the best place to watch a show, it was also the most uncomfortable. He stated instead of embarking on a million dollar renovation they decided to try a project that would test the waters and improve the seating. He explained if it was not successful the balcony would be able to be restored to its present state. He stated the outcome of the project would be a reduction in the capacity in the balcony that would result in a more comfortable seating arrangement. He explained they hoped to improve the audience experience while maintaining the aesthetics of the building. Council Member Palmeri questioned if there would be an impact to wheelchair accessibility. Mr. Ferlo indicated no. He explained to remain ADA compliant, they would offer the same benefits of the premium seats in the balcony to wheelchair accessible seating in the lower level. Mayor Cummings stated the building was City owned, a historic property. He questioned why the landmarks commission was not involved in discussions. 9 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Ferlo stated they had followed the same procedure that had been completed during the last renovation, which was to contact the Historical Society. He explained the project had quickly moved forward and he was prepared to speak with the landmarks commission at any point. Mayor Cummings stated the landmarks commission should be involved in the process. Mr. Ferlo questioned how Mayor Cummings would prefer to involve the landmarks commission. Mayor Cummings stated it should be discussed at either a special landmarks commission meeting or their regular meeting. Council Member Panske questioned what the timeframe was for completion of the project. Mr. Ferlo explained it was necessary to move quickly on ordering the seats to have the renovation complete prior to opening after Labor Day. He explained as soon as the donation had come in that would cover the entire project, he had advanced the project, and was prepared to move forward with ordering the seats. Mr. Rohloff explained the resolution that was on the agenda was for Council to accept the donation and direct City staff to bring back a donation agreement before Council. He stated the ordering of the seats would be able to proceed and the topic would be referred to the land commission while a donation agreement was drafted. He explained a similar donation agreement had been drafted for the river otter exhibit at the Menominee Zoo. Council Member Panske questioned if the goal was to be complete with the project prior to opening in fall. Mr. Ferlo stated the goal was to open the season with the new seating. Council Member Herman questioned if they anticipated finding any concerns with flooring or other items due to the age of the building. He stated because the City owned the building, they would need to approve further repairs. 10 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Ferlo explained it was a possibility and that was why they had taken the approach they had. He stated they would not be removing any structural components of the building; they would be adding components instead of deconstructing existing features. Council Member Herman stated he wanted to address the possibility of issues arising through construction, as it had happened on previous projects with the Grand. Mr. Ferlo stated he understood and had approached the project in a way to avoid uncovering areas that would need additional work. He stated as certain as he could be, he believed they had alleviated the chance of unexpected repairs. Council Member Palmeri questioned if it was required by state statutes for the topic to go before the landmarks commission because it was City owned historical property. Mayor Cummings stated it was something that should be done because of policy. Council Member Palmeri questioned if it was included in the ordinance. Mr. Rohloff stated it may be appropriate to amend the resolution to include going before the landmarks commission as a condition of approval. Council Member Krause questioned if the seats that were being removed would be properly stored for historic preservation purposes. Mr. Ferlo stated the seats would be stored,however, they were not historic to the original theater and were from the 1986 renovation, therefore they did not need to be stored in a special manner. Mayor Cummings questioned if removing 100 balcony seats, which tended to be lower cost, would make attendance cost prohibitive for some guests. Mr. Ferlo stated nearly 60% of the 'cheap' seats in the balcony would still be available;he explained the capacity would be reduced to approximately 550 seats and in the last three years fewer than 10% of the shows had drawn over 550 guests total. He explained during many of those shows the balcony was closed or had fewer than 100 people. He stated there would still be affordable seats available in the balcony; as some of the balcony seats would go up in price, others would go down. 11 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mayor Cummings questioned when the project would be financially successful. Mr. Ferlo stated he had donors in hand. Mayor Cummings questioned when Council would know that the concept was filling seats and increasing income. Mr. Ferlo explained an audience of 500 with the new seating/pricing arrangement had an earning potential of 15-20% higher than in the present configuration, which was also 5- 10% higher than a full house of 668 in the present conditions. He stated it was a difficult question to answer without knowing how many individuals would be in attendance during the upcoming season. Council Member Pech stated when the lease for the Grand had been renegotiated several years ago, it was communicated to the foundation board that they needed to become creative and develop new opportunities to increase revenue streams. He explained there were no guarantees, however, the board took feedback from Council and came up with an innovative idea in an attempt to increase revenue. He stated the project was reversible in the event that it didn't work; the only way for Council to know if it would be successful was to permit them to try. He explained the foundation board was behind the project and donors were ready to purchase the seats. He stated there was no City money involved in the project. Council Member Panske stated she had been at a show recently and had seen an example of the seat. She explained she was appreciative of the fact that there would be no cost to the City. She stated she regularly purchased tickets for family members and one of the recurring concerns was leg room; she understood how the new seating would enhance the audience experience. She explained she applauded Mr. Ferlo and the board for looking for creative solutions and indicated she would support the project. 12 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 MOTION: AMEND AGENDA ORDER TO MOVE ITEM #45, ARENA UPDATE & PUBLIC IMPROVEMENTS; TAX INCREMENT FINANCE PLAN & TIMELINE, BEFORE ITEM #35, RESOLUTION 17-331, APPROVE AMENDMENT TO 2017 CAPITAL IMPROVEMENT PROGRAM TO INCLUDE COMPREHENSIVE STREETS/UTILITY IMPROVEMENTS IN THE SAWDUST DISTRICT (Palmeri; second, Herman) CARRIED: Ayes (6) Allison-Aasby, Herman, Panske, Krause, Palmeri, Mayor Cummings Present (1) Pech Council Member Pech asked for an explanation of Council Member Palmeri s request. Council Member Palmeri stated it was to allow Mr. Rohloff to provide Council with the updates related to the arena prior to discussions on the resolutions related to the arena. Council Member Herman stated he agreed it would be beneficial to hear an update prior to the resolution discussion. Council Member Pech stated he understood,though believed the agenda could have been amended prior to the meeting. Mr. Rohloff explained there were no City related concerns with the progress at the arena. He stated there had been some revisions to the exterior of the building that would go before the plan commission. Allen Davis, Director of Community Development, explained there would be changes to the exterior, sign package and parking that would go before the plan commission. Mr. Rohloff stated he had been present at an overview with Fox 11 at the site earlier in the day, and during that discussion the contractor had indicated that they were ahead of schedule. He explained the large amounts of rain the City had received was not having a significant impact on construction. He stated the resolutions related to the public improvements would officially award the bid and lock in the price. He explained the TIF had been prepared in early February, prior to the announcement about the stadium. He stated City staff had not had an opportunity to conduct any survey work to come up with concrete numbers; they only had estimates based on previous bid prices for similar projects at that time, and the scope of the project had since changed. 13 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Resolution 17-331 Approve Amendment to 2017 Capital Improvement Program to include Comprehensive Streets/Utility Improvements in the Sawdust District MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby Council Member Panske stated she had asked for a list of CIP purchases that had come in under bid and she had yet to receive it. Mr. Rohloff indicated he had not had an opportunity to review Council Member Panske's email until earlier that afternoon. He explained he did not believe he would be able to provide the specific information immediately, however, the utility funds were coming from 2017 projects that were coming in under budget. Council Member Panske questioned if there would be a list made available to allow Council to review the data. Mr. Rabe explained in general, bids on initial street reconstruction projects had come in under budget, including street paving, water main and sanitary sewer construction all came in under what had been estimated for the projects. He explained the miscellaneous utility project that had been approved at the prior Council meeting also came in under budget. Council Member Panske stated she understood, however, it was a funding source that was identified quickly and she would like additional information regarding the budgeted items. Council Member Allison-Aasby stated due to perceived or potential conflicts of interest that she would abstain from any discussion or voting for resolutions 17-331, 17-332, 17-333, 17-334 and 17-335. Council Member Herman questioned if the funds had already been approved and included in the CIP for 2017, and if the City had already bonded for the funds. 14 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff stated the projects were all for 2017; the borrowings that had been approved at the last Council meeting and this meeting included the borrowing in the aggregate. He explained, for example, the City had an $11.4 million limit in general obligation borrowing, which would not increase as a result of the amendment. He stated City staff had looked at the scope of work and recognized there was much more to be done in the Sawdust District that initially thought. He explained in order to plan appropriately for the long term needs of the district some of the improvements needed to be taken care of up front. He stated an example was the storm water project,which would affect the water project. He explained the storm water improvements that had initially been identified included draining the water from South Park Avenue and shifting it towards the lake;he stated as City staff reviewed the plans it had been determined from a storm water perspective, the overall area would benefit if the storm water were directed down 141h Avenue which would collect a larger area. Mr. Rabe explained the initial studies on the watershed in the area had been conducted approximately 4-5 years ago. He stated upon recent review, it had been determined that from a watershed standpoint 141h Avenue was a much better location to install the new storm sewer to get out to the lake rather than South Park Avenue. Mr. Rohloff explained if it wasn't complete in this matter, he believed within two years the project would have to be revisited, possibly incurring more costs as it would be completed twice; once for the arena project and once for the entire area. He stated addressing the concern now would be of better value to the City in the long run. He explained when reviewing the water utility, the potential for the future redevelopment of the Pioneer property had been discussed. He stated the Pioneer was currently served by a single water source; this project would loop the water down Pioneer Drive onto 141h Avenue, allowing it to be connected for reliability purposes. He explained if 141h Avenue was under construction for the storm water, it made sense to add the water utility at the same time. He stated while it wasn't necessary for the arena project, it fit into the bigger picture of the district. He explained he understood the concern in the community about the higher costs, however, it was better to have the costs be higher up front to create savings in the future. Mr. Rabe explained it was more cost effective to improve the reliability of the system as a whole. 15 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Council Member Palmeri questioned when the City would have completed the additional work, since it had already been identified outside of the arena project. Mr. Rabe stated sections of S. Main Street had been included in the five year CIP, although the specific project had not been officially assigned to a specific year. He explained he believed if the district was as successful as it was believed to be, City staff would have needed to add the project to the CIP within the next two years. Council Member Herman questioned if the improvements would make the entire TIF/Sawdust District ready for future development, or if additional work would be necessary in the future. Mr. Rabe stated it would complete a significant portion of the work. He explained the City would be fixing the present disconnect with Pioneer Drive, and should a project develop at the site, they would have been facing the potential for failure due to a single point water source. He stated there would likely be additional public improvement projects in the future related to the district, however, without knowing the future development of the area it was not possible to predict what those projects would be. Council Member Herman questioned if there any concerns with Canadian National Railways. He stated it was his understanding that they had provided the City with very little support. Mr. Rohloff stated the lack of support continued. Council Member Herman questioned if the railroad would be able to shut down the project. Mr. Rabe stated he was not certain; he had provided their director of public works with some information about the project earlier in the day, who was concerned if it would increase traffic around the rail crossing. He explained there was utility work that needed to be complete near the crossing, and the City had submitted their application the railroad. Council Member Herman stated it sounded as though there may still be a concern with the railroad. 16 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff explained because the City would bore the utilities, it would not disrupt traffic for the railroad. He stated it was a more expensive option, however, the railroad would not have let the City dig up the tracks. Council Member Pech questioned if the improvements would benefit areas outside of the Sawdust District. Mr. Rabe stated yes. Mr. Rohloff asked for an explanation of the location of the storm water basin. Mr. Rabe explained the watershed that discharged to 141h Avenue extended west beyond Ohio Street. Council Member Pech questioned if the City was increasing their ability to manage storm water outside the Sawdust District. Mr. Rabe stated that was correct. Council Member Pech stated he believed much of the concern in the community was coming from the focus being placed on the Sawdust District, when the public improvements would benefit the community at large. Mr. Rohloff explained there would be future infrastructure costs related to the district, however, the present thought was if the area would already be under construction for the arena, it made sense to complete construction that would benefit the whole community. He stated there would be certain costs avoided,for example, 121h Avenue would no longer need construction due to the revision in the scope of the project. He explained due to the time of the year, the bids for the project were not as favorable as the bids received in the winter months. Council Member Palmeri stated she was aware that there would be unknowns that would appear as the project progressed, however, she was concerned that the delay in the awarding of the team from the Sucks pushed the City into the higher costs. She questioned what the developer had to offer to help mitigate the situation. She explained she believed they needed to share in the responsibility. 17 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff explained the Wisconsin Economic Development Corporation(WEDC) grant had originally been intended to help reduce the developers cost, however, it would now absorb a portion of the costs of the public improvements. He stated the grant was for $250,000. Council Member Palmeri questioned if the grant made up for the increase in cost due to the delay. Mr. Rohloff stated the $250,000 did not account for the complete increase in cost, however, it was an example of the developer sharing in the responsibility for the cost. Council Member Palmeri questioned what the alternative plan was in the event that Council did not approve the amendment. Mr. Rohloff stated he was not sure if it would result in the City being in violation of the development agreement. He explained the public utilities for the area, including 111h Avenue, South Park and Main Street would not be complete. Council Member Palmeri questioned what the risk was. Mr. Rohloff stated there was the potential that the City would be in violation of the development agreement as the City had agreed to put in improvements, and the developer had agreed to finance $2.5 million of those improvements. He explained the City would stand to lose the $2.5 million towards utilities that would benefit the larger area. Council Member Herman questioned if the project would impact the application to the public service commission for rate increases. Mr. Rohloff stated there were sufficient savings as well as the developer's contributions to cover the improvements. He explained it would not result in a further rate increase as the funds had already been budgeted for. Council Member Pech explained there were rules that governed funds that were borrowed for and not spent. He stated the funds were not able to be set aside to be used for an operating expense; they needed to be used towards a capital project. 18 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rabe stated the funds needed to be spent on an item that aligned with the original intent of the borrowing. Council Member Pech stated the funds borrowed for water utility would need to be spent in a water utility project. Mr. Rabe stated that was correct. Mr. Rohloff stated the cost represented approximately 7% of what was approved to borrow at the previous meeting. He explained the savings resulted in the optimal bid timing of the projects. Council Member Herman questioned when City staff became aware of the difference in budget. Mr. Rohloff stated it was not officially determined until the bids were opened, however, due to the scope of the project City staff had an idea that the project would require additional funds approximately a month ago. Council Member Herman stated over $740,000 had been taken from the CIP wetland bank. He questioned how that would impact the City's involvement with the wetland bank program. Mr. Rabe explained it would reduce the amount available to proceed with the project though the project was advancing slowly. He stated it would not have a dramatic impact on the project as it had already been hindered by outside sources. Council Member Herman questioned how it would affect the communities the City had partnered with. Mr. Rabe stated the City would still be able to cover its portion of the cost share. Council Member Herman stated he would support the amendment and he believed the improvements needed to be complete as they had an impact outside of the district by improving the street utilities in the area and the project itself would not result in higher rates. He explained he believed if action wasn't taken now it would cost more in the future. 19 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mayor Cummings stated he would support the amendment as the project involved a larger section of the south side of the City. He explained it was important to consider the future development of the area. Council Member Palmeri explained she would support the amendment, however, she hoped in the future the same mistake would not be made. She stated while she commended City staff for identifying a potential long term savings, and understood there had been a risk of the unknown committing to the development, she hoped the City would be more diligent in identifying contingencies in the future. Council Member Pech stated although he believed timing had created obstacles, City staff had done their best. He explained it was impossible to predict the future. He stated the project would benefit the arena as well as other areas of the City. Resolution 17-332 Award Sid for Public Works Contract No. 17-22 to PTS Contractors, Inc. for Sawdust District Improvements ($3,974,211.60) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby Mayor Cummings stated it was important to recognize that the project was not only related to the Sawdust District and that it would have an impact on a significant portion of the south side of the City. Council Member Panske stated City staff intended to use higher grade materials that were more expensive than those typically used due to the condition of the soil. She explained this was an example of forward thinking. Resolution 17-333 Approve Purchase of Traffic Signal Equipment from TAPCO for Electric Division for Sawdust District ($77,684.80) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby 20 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Council Member Pech stated he had noted several recent purchases from TAPCO recently. Mr. Rabe explained that was due to standardization of equipment. He stated in having equipment from the same company, repairs to multiple pieces of equipment would be able to be completed using one set of parts. Resolution 17-334 Approve Purchase of Traffic Signal Camera Equipment to Gridsmart Technologies for Electric Division for Sawdust District ($33,472.00) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby Council Member Palmeri questioned if the camera would capture images or if it would only trigger the signal. Mr. Rabe stated it was the detection mechanism to signal the controls when there was an individual waiting at an intersection. He explained it would replace loops in the street, which were able to be easily damaged due to weather and street repairs. Council Member Herman questioned if it would be activated by an individual or by a sensor. Mr. Rabe explained the camera would be mounted on a pole to sense when a vehicle was in a certain lane to actuate the traffic signal. Council Member Pech stated a similar system was located at the intersection at Smith and Jackson Street. Mr. Rabe stated several intersections utilized the same system, including Smith and Jackson Street. Council Member Panske questioned why this type of technology was preferred over other options. 21 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff explained cameras had improved in recent years and because of the damage potential related to the loop detectors, which were essentially magnets that sensed the vehicle. Mr. Rabe stated because it relied on electromagnetic current, newer and lighter hybrid cars would not activate a loop detector, however, a camera would detect the vehicle. Council Member Panske questioned if the cameras would help facilitate the increased flow in traffic to the area. Mr. Rohloff stated it would. Council Member Panske questioned if there was a plan to enhance pedestrian safety. Mr. Rabe explained the actuators for the pedestrian call signals were not a part of the camera system and would consist of push buttons. Council Member Panske questioned if the push buttons were included in the original traffic signal bid. Mr. Rabe stated he believed they were. Council Member Pech stated there was a sustainability benefit as it would minimize the amount of time vehicles spent idling. Allen Davis, Director of Community Development, explained to enhance pedestrian safety sidewalks would be installed on 111h Avenue and South Park Avenue, and pulling the Main Street sidewalk away from the curb by installing a terrace and making it a 10 foot sidewalk. Resolution 17-335 Approve Purchase of Street Lighting Equipment to Enterprise Lighting LTD for Electric Division for Sawdust District ($74,082.60) MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Present (1) Allison-Aasby 22 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mr. Rohloff questioned which date would be most convenient for the first budget workshop for Council. After discussion, Council determined that the first budget workshop would be scheduled for Wednesday, July 261h from 5:00 p.m. to 7:00 p.m. Mayor Cummings explained there would be a workshop on Council Chamber environment improvements that would include discussion on security enhancements and the implementation of an electronic way to acknowledge individuals who would like to speak. Mr. Rohloff explained the workshop would not be televised as attendees would be moving quite often within the room. Council Member Herman requested meeting materials be distributed to Council members ahead of the workshop. Mayor Cummings stated Chief Smith had recommended several safety improvements. He explained there would be an adjustment period as Council became acclimated to using the electronic device for speaking order. Council Member Palmeri stated she received a request from the Oshkosh Farmers Market for Council to consider a resolution that would acknowledge their unique contribution to the community. She questioned if Council would be interested on putting the topic on a future agenda for discussion, specifically considering the Oshkosh Farmers Market being exempt from special event fees, and acknowledging the other contributions that the organization made that were of'hyper-local' benefit. Ms. Lorenson stated the topic would need to be noticed on the agenda prior to discussion. Council Member Palmeri explained she was requesting the topic be included on a future agenda. 23 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff stated it would be placed on the following agenda. He explained as a result of the TIF workshop, he had directed Allen Davis, Director of Community Development, to provide Council with the evaluation sheets for three types of TIFs; redevelopment, industrial and mixed use. He explained the items would be reviewed and approved by Council. Council Member Palmeri questioned if the City had considered a vacant building registry in conjunction with blight determination as it related to redevelopment. She stated she had reached out to public safety departments to determine if the City had a significant number of calls for service to vacant buildings, and City staff had not been able to identify a trend based on current data. Allen Davis, Director of Community development, indicated that City staff was interested in the topic. He stated they were aware of other jurisdictions who had similar programs, however, none that were specifically tied to TIFs. He explained City staff would conduct additional research, as they had been concerned about vacant buildings for several years. He stated code enforcement was a concern related to vacant buildings. Mayor Cummings questioned if vacant buildings would include homes. Mr. Davis stated yes. Ms. Lorenson stated it was a goal for the following year for several departments to address nuisance properties; the vacant building registry would align with that goal. Council Member Palmeri explained in the police department's annual report, the crime analyst's job description discussed identifying 'hot-spots' and trends. She requested that City staff try to capture some of the data on vacant buildings through police and fire calls. Mr. Rohloff stated City staff had been working on addressing nuisance properties, which may or may not be vacant. He questioned what specific information Council Member Palmeri was looking for in terms of vacant buildings. Council Member Palmeri explained some cities had a vacant building registry that required commercial and residential properties to register after a period of time without occupants. She stated there were fees associated with the property if it remained vacant. 24 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 She explained she believed there was public safety data that would tie in with the City's redevelopment and blight elimination scoring. Council Member Panske stated she had emailed Mr. Davis requesting background information regarding an upcoming development TIF. She explained she had requested information regarding Annex's company, as a recent municipality had down one of the company's most recent requests. She stated she had reached out to Annex twice to request additional information and had not received a response. She requested City staff also research if Council was able to request similar information on a TIF application. Council Member Palmeri stated she had read information related to the same developer, and it had brought to mind if the City should consider the assets and abilities of the developers. Mr. Rohloff stated City staff would look at adding the developer's history to TIF applications. Mayor Cummings stated it would be beneficial to have a 'track record'. Council Member Allison-Aasby explained she would like to see a future workshop related to TIF. She explained while the workshop had provided excellent information, there was not time to discuss the topic amongst Council. She stated there had been recent 4-3 votes in regards to TIFs, without much understanding regarding why individuals voted the way they did. She explained she believed it was important to allow Council the time to talk openly and publicly about topics prior to bringing them to the floor for discussion and vote. Mr. Rohloff questioned if Council Member Allison-Aasby would prefer a second workshop prior to City staff developing the checklist. He stated he understood the benefit in having a workshop to discuss the policy implications after having received the applicable information. Council Member Herman questioned why the finance director was not involved in the TIF process. 25 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Council Member Palmeri explained she had reached out to several municipalities with TIF related questions, and on her most recent call, had been directed to speak with the municipality's finance director. Council Member Allison-Aasby stated she believed it was important to allow Council the time to have open discussion as they were the elected officials that determined, from public feedback, the direction of the City. She explained she believed further discussion would demonstrate the leadership role Council held. Mr. Rohloff questioned if Council would like City staff to prepare an agenda for the second TIF workshop. He stated he believed Council was requesting an opportunity to discuss the information they had received and determine a course of action. Council Member Allison-Aasby stated it would be beneficial to learn what drove Council Members to either support or not support a topic. She explained it was important for Council to understand each other, and while the vote should not always be '7-0', when TIFs and other economic development incentives were discussed, clear expectations needed to be set. Mr. Rohloff stated he and City staff would prepare an agenda, specifically related to what direction Council would like to take with the items presented during the prior workshop. Council Member Palmeri stated Council would like Ms. Larson, Finance Director, to be present at the workshop. Mr. Rohloff stated he understood. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENT AND STATEMENT 26 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff explained the 2018 budget calendar preparation schedule was complete and encouraged Council to let him know if there were any questions or concerns. He stated the 2018-2022 Capital Improvement Plan was in the balancing process. He explained the 2018 budget document would be provided to Council at the October 101h Council meeting. He stated traditionally the fourth Tuesday in November was when Council approved the budget, however, this year it would fall after Thanksgiving. He briefly described the timeline of the budget process. Council Member Pech requested the schedule be placed on the homepage of the City's website. Mr. Rohloff stated after Council reviewed the dates City staff would put the information on the website. He explained the Wisconsin League of Municipalities conference was scheduled for October 18th, 19th, and 201h and the City Manager's conference was scheduled for the following week. He stated as planned in the CIP, Oregon Street was scheduled for reconstruction. He explained Oregon Street was currently 44 feet wide and City staff had been reviewing options on how to improve turning movements from 91h Avenue and South Park on to Oregon Street, as well as the turning movements on Oregon Street itself. He stated when entering the intersection of 91h Avenue and South Park, there were currently three lanes-left,right and through. He explained City staff was proposing to make the right and through lanes a single lane, in part due to the right lane only being able to stack one to two vehicles. He stated the goal was for the Sawdust District and the arena to be successful, and the area would likely see an increase in development. He explained they believed the width of Oregon Street should be modified to 40 feet, allowing for two lanes to enter the intersection,however, the lane leaving the intersection would be wider as would the sidewalks. He stated due to the anticipated increase in pedestrian activity, widening the sidewalks would improve safety. He explained there would also be a construction cost savings of approximately$300,000. Council Member Palmeri questioned if parking would be removed. Mr. Rabe explained no; there would be minimal impact to parking. He stated the 40 foot width would allow additional room for parking by reducing the southbound from three lanes down to two. Council Member Palmeri questioned if the design would allow for a bike lane and if Oregon Street had been listed in the bike and pedestrian plan. 27 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 Mr. Rohloff stated Oregon Street was not listed within the bike and pedestrian plan. Council Member Panske questioned if City staff would be looking for a recommendation from the bike and pedestrian committee as it related to pedestrian safety, and if it would be reviewed by parking utility. Mr. Rabe stated it was unlikely to be reviewed by parking utility, although it would be presented to the traffic review and bike and pedestrian committees. Council Member Herman questioned if the street would be as narrow as Main Street. Mr. Rabe stated Main Street was 38 feet in width and the proposal for Oregon Street was 40 feet. Council Member Herman explained he received feedback that Main Street was too narrow. Mr. Rohloff stated he had also received positive feedback in regards to Main Street, however, Oregon Street was proposed to be two feet wider than Main Street. Council Member Palmeri stated in the future if the Morgan District project would come to fruition, it may be beneficial for the bike and pedestrian committee to consider the implications of the added potential cyclists/pedestrians in the area. Mr. Rabe explained for bike lanes to be implemented, parking would need to be reduced to one side of the street. He stated it was important to begin considering the plan for Oregon Street as soon as possible to allow City staff time for design. He explained there were multiple private utilities in the area, specifically AT&T, whose main line from Fond du Lac to Appleton was in Oregon and Jackson Street. Mr. Rohloff encouraged Council to ask questions and provide any concerns as City staff continued gathering information and worked with the applicable committees. He stated the proposal would result in a$300,000 cost savings, and if Council wished to go another route, City staff would need to adjust the budget accordingly. He explained vehicles were purchased for the wastewater treatment plant and sign shop under the cooperative purchase agreement with the state. He stated there were no updates related to the arena. He explained he and Mayor Cummings were traveling to Madison on Thursday as the assembly ways and means committee would be discussing the dark store/Walgreens 28 PROCEEDINGS OF THE COMMON COUNCIL—JUNE 27, 2017 issue. He stated he had been asked to testify and Mayor Cummings was attending to demonstrate the City's widespread support for changing dark store legislation. Mayor Cummings stated the annual Fourth of July parade would take place on Tuesday, July 41h at 9:00 a.m. and was sponsored by the Oshkosh Patriotic Council and the fireworks, sponsored by Festival Foods and the City of Oshkosh would begin at dusk in Menominee Park. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(C)OF THE WISCONSIN STATE STATUTES TO DISCUSS THE MID-YEAR REVIEW OF THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION & EXERCISES RESPONSIBILITY. (Herman; second, Pech) CARRIED: Ayes (7) Allison-Aasby, Panske, Krause, Pech, Palmeri, Herman, Mayor Cummings MOTION: ADJOURN (Allison-Aasby; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 8:10 p.m. ANGELA J. JOECKEL DEPUTY CITY CLERK 29 30