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HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN SEPTEMBER 12, 2017 REGULAR MEETING held Tuesday, September 12, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Lori Palmeri, Deb Allison-Aasby, Steven Herman, Caroline Panske, Jake Krause and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Tom Pech read the Invocation. The Pledge of Allegiance was led by Cash Koeller from Merrill Elementary School and Even Koeller from Merrill Middle School PROCLAMATION Mayor Cummings proclaimed Saturday, September 9, 2017 as the 301h anniversary of Oshkosh Media in the City of Oshkosh and called upon the citizens to support and utilize the valuable service that Oshkosh Media provided the community. Mr. Rohloff accepted the proclamation and thanked the staff of Oshkosh Media for providing the public with access to an open and transparent government. He thanked Mayor Cummings and the Council for their continued support of Oshkosh Media. Mayor Cummings explained they had changed the format of the Council meetings to become more technologically advanced and explained this evening's meeting would be the first official use of the new technology. 1 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 CITIZEN STATEMENTS Janey Robson, 815 Ceape Avenue, stated it had been brought to her attention that the City had plans to sell the municipal golf course. She explained the City had little green space and believed Oshkosh Corporation should seek a site that was already concrete. She stated eliminating green space was detrimental to the environment and as indicated by letters to the editor in the Northwestern community members were against the sale. She recommended that Council not consider selling the golf course. Linda Spiczenski Wilkens, W872 Leslie Lane, Green Lake, explained her homestead was 1711 Punhoqua Street and her family still resided there. She stated she was appalled that the City would consider selling one of its public parks. She explained the previous evening, at the park board meeting, the League of Women voters spoke against the sale and indicated that Oshkosh had less than the desirable amount of green space. She stated she would like Council and City staff to realize that Oshkosh needed the green space of the golf course. She explained the public park belonged to nearly 68,000 people who resided in Oshkosh. She recommended the City work on expanding the green space within the community. She stated at the parks board meeting a number of people who were not golfers had voiced their opinions in favor of keeping the golf course to preserve the green space. She explained she believed the park had done a great deal for the children of Oshkosh and there was significant history attributed to the golf course. She stated although she appreciated Oshkosh Corporation as an employer, she valued the green space more. CONSENT AGENDA Report of Bills by the Finance Director Receipt of Claims filed with the City's Insurance Company: A) Branden Cortez for alleged damages to vehicle from sanitation truck B) Logan Lefeber for alleged damages due to a fall Receipt & Filing of Common Council Minutes from July 14, August 8 & 22, 2017 Resolution 17-444 Approve Setting Public Hearing Date to Vacate Alley West of South Main Street between 71h & 81h Avenue (Plan Commission Recommends Approval) 2 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Resolution 17-445 Award Bid to Gartman Mechanical Services Inc. for HVAC Improvements for Parks/Forestry Administration Building ($39,990.00) Resolution 17-446 Award Bid to Monroe Truck Equipment for Service Body with Crane for Sign Division ($65,187.00) Resolution 17-447 Approve Purchase of Seven Buses from New Flyer of America, Inc. for GO Transit ($3,250,000.00) Resolution 17-448 Approve Change Order No. 1 for Public Works Contract No. 17-06 Concrete Sidewalk (New & Rehabilitation) ($82,939.65) Council Member Herman stated change orders were occurring frequently and questioned if they were for items such as City staff forgetting an item, extending the project or AECOM overlooking an item. He questioned why details were not reviewed in advance. He stated making a change order sometimes required the CIP to be reopened and questioned why it was such a frequent occurrence. James Rabe, Director of Public Works, stated there would always be unforeseen circumstances throughout a project. He explained the change order for contract 16-01 was a final change order for final quantities that addressed the unexpected circumstances that occurred during digging. He stated change orders for contracts 17-06 and 17-12 were additional concrete repairs that had not originally been associated with the projects and were being added in to address issues that were identified with additional streets. He explained contract 17-06, pavement was in desperate need of repair near Oshkosh West High School. He stated the addition to contract 17-12 was pavement that needed to be repaired on Packer Avenue. He explained neither of the streets had been a part of the original projects, however, the need for concrete repairs had been identified and the projects had favorable bid prices that the contractors were willing to honor to complete the additional work. Council Member Herman stated he understood the poor soil quality in the area and the length of time it had been since work had been complete in different areas. He explained it seemed as though each street project had work added or there was a change order. 3 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Mr. Rabe stated the work that was added had not been part of the original project; it was work that was required elsewhere in the City and City staff took advantage of the favorable bid prices. Resolution 17-449 Approve Change Order No. 1 for Public Works Contract No. 17-12 Miscellaneous Utility Improvements ($116,607.05) Resolution 17-450 Approve Change Order No. 1 for Public Works Contract No. 16-01 Re-Bid North Main Street Area Wet Detention Basin ($25,276.14) Resolution 17-451 Approve Initial Resolution for Special Assessments — Contract No. 17-31 Cold Mix Asphalt Paving: West Th Avenue (Oregon Street to Minnesota Street) Bauman Street (Van Buren Avenue to Buchanan Avenue) Minnesota Street (West 201h Avenue to West 23rd Avenue) Resolution 17-452 Approve Initial Resolution for Special Assessments — Contract No. 17-32 Hot Mix Asphalt Paving: Hughes Street (1,900' southwest of Oregon Street to West Waukau Avenue) Resolution 17-453 Establish Voting Ward 38, District 10 Council Member Panske asked for an explanation of the new voting ward and where the new polling place would be. Ms. Ubrig stated due to a delayed attachment that had been approved by Council 5 years ago, ward 38 was created for the two new voters who would vote at Carl Traeger. Resolution 17-454 Approve Special Event - Boys & Girls Club of Oshkosh hold Docktoberfest at Dockside Tavern & to utilize City Streets & Riverwalk for their 2K Bier Run/ September 22 & 23, 2017 Council Member Palmeri stated it appeared there was a typo where it was requested that amplified music be permitted until 11:00 a.m. Kathy Snell, Special Events Coordinator, explained it was a typo and should state 11:00 p.m. 4 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Council Member Palmeri stated she believed the allowable time for amplified music was already 11:00 p.m. on a Saturday night. Ms. Snell indicated it was listed differently in the multiple sections of the noise ordinance. She stated if the music was in a park, the cut off time was 10:00 p.m., while if it was part of a beer garden, the cut off time was 11:00 p.m. She explained the event was not in a beer garden, it would occur on Dockside Tavern's property, and therefor fell under the 10:00 p.m. ordinance. Resolution 17-467 Approve Special Event - Red Rock Productions LLC / utilize Sunnyview Exposition Center for their Bryan Adams Concert / October 7, 2017 Rick Helms, 419 Sterling Avenue, stated he was present to answer questions about the event. Resolution 17-455 Approve Appointment to Rental Advisory Board Resolution 17-456 Approve Class "B" Fermented Malt & Class "C" Wine License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Pech) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-457 Modify Parking Regulations on South Park Avenue MOTION: ADOPT (Panske; second, Krause) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings 5 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Ordinance 17-458 Approve Zone Change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay; 1126 S. Koeller Street (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Palmeri asked for an explanation of the proposed change to suburban mixed use. Darryn Burich, Planning Services Manager, stated the property was already zoned suburban mixed use. they were adding a planned development overlay to deal with center signage. He explained the parcel where Pot Belly's would be located was being broken apart and the sign was temporarily remaining which required the zoning change. Ordinance 17-459 Approve Zone Change from I Institutional District to SMU-PD Suburban Mixed Use District with Planned Development Overlay for Property Located at 1860 Wisconsin Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Palmeri stated it appeared there was a typo in one of the references where it said 'industrial' instead of'institutional'. Ms. Lorenson stated in the ordinance the City Clerk had the ability to correct typos, therefore an amendment was not required. Ordinance 17-460 Approve Section 16-49(E) Pertaining to Residential Rental Inspections to Permit Delinquent Fees to be Placed Upon Property Tax Bills as Special Charges FIRST READING; LAID OVER UNDER THE RULES 6 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Resolution 17-461 Grant Noise Variance Request/Kelly's Bar/215 Wisconsin Street for Amplified Music until Midnight at Beer Garden September 15 & 16, 2017 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Noes (1) Palmeri Corey Gay, 5521 Springbrook Road, Omro, stated he owned Kelly's Bar and it had been a long time tradition for the bar to hold beer gardens. He explained in the past they had been granted the waiver and believed the event was important as it allowed new students an introduction to his bar. He explained the student demographic tended to socialize later in the evening and prior events where bands had been hosted in the afternoon had failed. Council Member Palmeri questioned if Mr. Gay was aware that the letter he provided was dated April of 2015 and was for the May graduation. She explained the letters had not been changed and there was no hardship shown. Mr. Gay stated since they had been doing the event he had utilized the same letter and changed the dates. He explained he had been in a hurry to get the paperwork turned in and had missed the date on the top. Council Member Herman stated he appreciated that Mr. Gay faced the stage towards the west which would amplify the music over the university and the river instead of the residential areas. Council Member Palmeri stated she could appreciate celebrations although she remained puzzled as to what the actual hardship would be if the variance was not granted. Council Member Allison-Aasby questioned if she was asking the applicant for the information. Council Member Palmeri explained she was stating she would not support the variance as there was no evidence of a hardship. 7 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Council Member Pech stated he believed Mr. Gay had addressed the concern, stating they had tried music in the afternoon and it was not a feasible solution. He explained he understood that the applicant wished to extend the music until midnight to better serve his business. Council Member Krause stated he understood that Mr. Gay was losing money in the first hour and would like to extend it an extra hour to compensate for that. He explained the bar was located in a college area. Council Member Palmeri stated she lived five blocks from the bar and heard every event. She explained she received a number of noise complaints and believed the hardship was on the surrounding neighborhoods. Council Member Allison-Aasby questioned if City staff was aware if there had been complaints related to other events that extended later into the evening. Council Member Herman questioned if there would be any issues anticipated with the extension of the event an hour past the time allotted in the ordinance. Dean Smith, Chief of Police, stated his third shift staff had indicated that on occasion they had received noise complaints and the establishments had largely been cooperative in response. Resolution 17-462 Support Review of Phosphorous Water Quality Standards MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Council Member Pech asked for an explanation of the resolution. Mr. Rohloff stated the Wisconsin League of Municipalities had been asking cities to step forward on the phosphorous issue. He explained the City had been working with the Wisconsin Department of Natural Resources (WDNR) and the Environmental Protection Agency(EPA) in terms of compliance and had worked through the City Attorney's office to arrive at a settlement. He stated City staff believed they needed to be more specific to the situation in Oshkosh and the League recognized that the City had already reached a settlement with the WDNR. 8 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Council Member Pech stated it was his understanding that the City had met the requirement, however, due to its location at the end of the water system, phosphorous entered Lake Winnebago. Ms. Lorenson stated the City discharged into the Fox River approximately a mile up from Lake Winnebago, however, the WDNR had applied the more restrictive criteria to the City. Council Member Palmeri questioned if there had been education provided in the past as to how residents could minimize phosphorus through restrictive use of things such as lawn fertilizer and soaps. James Rabe, Director of Public Works, indicated there was a state-wide ban on phosphorous in lawn fertilizer and soaps should be discharged into the wastewater, which would allow that water to get treated at the wastewater treatment plant. He stated storm water utility did work on education and there was certainly other ways that phosphorous could get into the water. He explained annually, storm water utility put an informational ad in the Northwestern and engineering received complaints from individuals who witnessed grass clippings being blown into the street which was followed up on with education. Ms. Lorenson stated the City had completed process improvements at the wastewater treatment plant related to how phosphorus left the plant. She explained in order to meet the new, more restrictive requirements there would need to be significant construction to the plant, at a significant cost to the City. She stated it was not a case where the City did not wish to address phosphorous; it was a matter of what was reasonable. Council Member Palmeri stated she understood there had been a request by the City for additional time to deal with the concerns. Ms. Lorenson stated that was correct. Resolution 17-463 Approve Specific Implementation Plan for Potbelly Restaurant; 1126 South Koeller Street MOTION: ADOPT (Allison-Aasby; second, Palmeri) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings 9 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Resolution 17-464 Approve Specific Implementation Plan Amendment for a Planned Development Amendment for a Drive-Through Expansion; 1863 Jackson Street MOTION: ADOPT (Pech; second, Palmeri) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Steve Kilian, 4713 S. Shore Avenue, Slinger, stated he was present from McDonald's and was willing to answer questions. Council Member Pech stated he understood that McDonald's had purchased a small piece of property from the church and was in the process of expanding their drive- through facility. He explained he expected that McDonald's and the church had reached an agreement and there were no issues. Mr. Kilian stated that was correct;both parties were satisfied with the agreement and this was the last step in the process. Resolution 17-465 Award Bid to Vinton Construction Co., Inc. for Contract No. 17-21 Railroad Trans Load Site Relocation ($1,762,251.09) MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Brad Peot, 4637 Elgar Lane, Madison, Watco Companies, thanked City staff and Council for working together on the project. He stated it had been a long time nuisance in the community related to the vehicle loading for Oshkosh Corporation completed by the railroad. He explained they had been working on the concern for over two and a half years and they were excited to have arrived at a solution. He stated the expanded terminal facility would help industries within the region with bulk transloading and they were excited for the growth the facility would enable. Jason Murphree, 1179 McMahon Drive, Sun Prairie,Watco Companies, stated he believed the project would create jobs and was the start of bringing a side of the rail industry into Oshkosh that had previously not been seen. He explained they were grateful for the 10 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 partnership they had with the City; in the railroad industry it was rare to form a partnership with a City that identified the value in the infrastructure and saw it as a tool for economic growth. He thanked Council and stated they were looking forward to getting started. Council Member Herman questioned if there was a timeline for the project. Mr. Davis stated the construction was scheduled to begin in fall and would likely finish in spring with the restoration. He explained the relocation of the ramp and catwalk was part of the project. Council Member Herman questioned if part of the project was removing some of the existing structures. Mr. Davis stated they would be relocated. Mr. Rohloff explained the rail itself would not be relocated as there would still be back up from Bemis although there would no longer be loading at the site. Council Member Herman stated it was an exciting project and had the potential to create additional opportunities. Res 17-466 Approve Combination "Class B" License for Oshkosh Arena MOTION: LAYOVER TO SEPTEMBER 26, 2017 COUNCIL MEETING (Pech; second, Palmeri) CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings Mr. Rohloff stated City staff recommended Council lay the resolution over as there was an item missing on the application. Council Member Pech questioned how long it would need to be laid over. Mr. Rohloff explained until the following Council meeting as the item was required in the application and it was missing. 11 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the budget workshop scheduled for September 201h at 5:00 p.m. Mr. Rohloff explained the focus would be on capital improvements and debt service. Mayor Cummings stated he would be unable to attend. Council Member Herman stated he would also be unable to attend. Council Member Allison-Aasby explained she would not be able to attend the October 101h Council meeting. Mr. Rohloff stated the City had three liquor licenses available; one was allocated to the arena. He explained in the past, the process for liquor license allocations was that applicants would make a presentation to Council who would then vote. He stated they typically had not received detailed information from the applicants aside from the information that was required by the state. He explained City staff would like to prepare a supplemental application to provide additional information such as anticipated sales, fiscal impact and number of employees. He stated in the past, Council would hear the presentations and immediately vote, which did not allow time to absorb the information. He recommended that Council hear the presentations at the beginning of a Council meeting and wait until the following Council meeting to vote. He stated there were two available liquor licenses, not counting the one allocated to the arena. He explained City staff was working to get the Sawdust District designated as an economic development district which would result in two additional liquor licenses. He stated he was not certain if two liquor licenses would be sufficient for the Sawdust District, therefore Council would need to consider if additional liquor licenses should be reserved. He questioned if the economic development district had been applied for. Mr. Davis explained the City would need to go through a process to create the district by creating resolutions and appraisals and once that was complete they would submit it to the state. Mr. Rohloff explained he believed it would appropriate for Council to provide City staff direction at the following Council meeting. He stated Council was under no obligation 12 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 to reserve liquor licenses. He explained City staff would provide the information to Council in a memo ahead of the Council meeting. Council Member Palmeri stated on the current liquor license application, there was a question related to if music that was played at the establishment would be kept at a level that was acceptable to the neighborhood. She questioned if on the supplemental application, if more details would be gathered such as how it would be determined if the music level was acceptable to the neighborhood. She stated oftentimes applicants answered that the music would be at an acceptable level,however, she still received noise complaints from the community. She questioned how many liquor licenses would need to be added if the City created the economic development district. Mr. Rohloff stated the economic development district would provide two additional liquor licenses that would need to remain within the district. He explained the question became if the two licenses within the district were enough to support the anticipated level of activity within the district. He stated communities that created similar districts anticipated creating some type of entertainment district that included guidelines for size limits and venue minimums. He explained if Council believed two licenses were enough for the Sawdust District, then there would be two available liquor licenses for elsewhere in the City. Council Member Herman questioned if the liquor license reserved for the Marion Road development could be moved because it was not in an economic development district. Mr. Rohloff stated the Council had that ability. Council Member Herman stated he did not believe the City should advertise two open liquor licenses until it was determined if two licenses were enough for the Sawdust District. He explained he had not been able to attend Imagine Oshkosh so he was not certain of any plans that were discussed, however, he believed it was in the City's best interest to wait until there was more information to be able to bring in quality establishments that would be attractive and a good fit for the area. He agreed that some of the questions on the application were open ended and should be more specific on the supplemental application. 13 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Ms. Ubrig stated the supplemental application that would be created would include additional questions on the business while the applications that Council was familiar with were for businesses that were already open. Mr. Rohloff stated City staff would be able to add any additional questions Council would like to the supplemental application. He encouraged Council to reach out with any suggestions prior to providing direction to City staff. Council Member Panske stated she agreed that they should wait until it was determined if the state would approve the economic development district and grant the two additional licenses. She questioned if the City would be able to apply for additional licenses for the district after a period of time. Mr. Rohloff indicated it was limited to two additional licenses. Mr. Davis stated they did have the ability to create an additional district if it would meet all of the state's requirements. Mr. Rohloff questioned what the minimum new value would have to be. Mr. Davis stated $20 million. Council Member Panske stated oftentimes businesses developed at rapid pace. She questioned if a business could request that Council grant the liquor license at the same meeting that they presented at. Mr. Rohloff stated it was his suggestion to separate the presentation and voting into two Council meetings; Council had the discretion to waive that at any time. He explained separating the two would likely occur if there was a competitive situation; if there was only one applicant the decision could be made during the same meeting. Council Member Allison-Aasby questioned if there was still a liquor license attached to the former Pioneer property. Mr. Rohloff stated there was not. He explained there were certain exemptions within the law that may permit a future hotel with a certain dining capacity to obtain an exempt license if the City had allocated their existing liquor licenses. 14 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Council Member Palmeri questioned if the dining capacity had to exceed 300. Mr. Rohloff stated yes and as long as it met the requirements the Pioneer should be able to obtain a liquor license. He explained they had discussions with a potential buyer for the Pioneer and their development plans would meet the requirements as long as the remainder of the City's licenses were allocated appropriately. He stated a license had come back to the City as Fox River Brewing Company had been able to obtain a state brewery license. He explained City staff continuously looked for ways to maximize the liquor licenses as they were limited and restrictive in how they were able to be used. Council Member Herman questioned if the supplemental application would be used solely for new applicants or would it be included within the license renewals. Ms. Ubrig stated at this point the supplemental application would be used for new applicants. She questioned if Council Member Herman was asking if a form would be completed with each annual renewal. Council Member Herman stated perhaps not every year, only if there were significant changes to their establishment. He questioned if a new owner purchased the former Robbins, if they would be required to complete the supplemental application. Ms. Ubrig stated they would complete the supplemental application as a new applicant. Council Member Herman explained there were other locations that came to mind that had changed their business, such as the Beachcomber. He stated it may be beneficial to have the supplemental information on file when they renewed their application. Council Member Palmeri questioned if other breweries may qualify for a state license. Mr. Rohloff explained he was not certain. Ms. Ubrig stated if a business was interested in pursuing a state brewery license they should contact the Clerk's office to discuss if there was potential for the license to be surrendered to the City. Mr. Rohloff stated there was a number of questions and passion within the community related to Lakeshore Municipal Golf Course. He explained it was understood that Oshkosh Corporation was looking nationwide for a location, and although there had 15 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 been several proposed in the City, they likely would not meet the requirements a company of that magnitude would have. He stated City staff had evaluated sites based on size, access and visibility and became aware that they may be contacted by a site selector. He explained they had completed delineation of the golf course in the event that they would receive an inquiry and they did not. He stated he felt it was necessary to reach out to Oshkosh Corporation to let them know that the City wanted them to retain their headquarters in the community and it had been his suggestion, not Council's, that they consider Lakeshore Municipal Golf Course. He explained as a result of that communication, the City had received a letter from Oshkosh Corporation requesting access to the site to complete soil testing. He stated he had shared the information with Council and signed the access agreement after City staff reviewed the document. He explained it was his understanding the testing would take place in the near future and would determine if the site met the requirements from a geo-technical standpoint to be a candidate for site selection. He stated with site selection occurring on a national level, it would be an extremely competitive situation. He explained while many sites in the City may meet basic criteria such as size, there was much more to it. He stated Oshkosh Corporation would like to recruit and retain talent, and to do so, believed they need an appropriate site. He explained he believed there was misinformation within the community and concern due to the passion people felt for the golf course. He stated the site would not be used for a factory or storage of vehicles;it would be a corporate campus headquarters. He explained it may result in the City being able to add recreational amenities that do not exist or exist only in a small area such as river walk continuation. He stated he believed public input would be appropriate. He explained he had heard rumor that the City was selling the golf course to cover debt, which was not correct. He stated in situations where a resource was sold, the proceeds were used to replace the resource with other options for public recreation. He explained replacing the resource with diverse options for recreation would add value to the community. He stated City staff was not able to have a closed session with Council to discuss the topic as there were not enough specifics yet to share. He explained he had directed City staff to put together some items for Council and the community to consider such as what other amenities could be at the site if it was not a golf course. He stated some individuals may view it as a reduction, however, he believed there may be an opportunity to enhance the array of amenities that were available to the community. He explained he was willing to answer questions although he could not speak on behalf of Oshkosh Corporation as he did not have all the information. 16 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Council Member Pech questioned if the site selector was likely considering locations nationally. Mr. Rohloff stated that was likely. Council Member Pech stated he understood that several of Oshkosh Corporation's competitors were located in the Washington D.C. area. He stated he had read an article that cited the number of jobs the site held. Mr. Rohloff stated City staff had estimated that there were 450 existing jobs with the potential for an additional 200. Council Member Pech stated they were professional jobs, such as engineers, accountants and marketing executives that were high paying and family sustaining. Mr. Rohloff stated they had asked Oshkosh Corporation for that detail and he assumed it would be similar to the information that Bemis had supplied that included average wages. He explained the number of high paying jobs would have a significant economic impact to the community. Council Member Pech stated while the golf course had been around for 100 years, so had Oshkosh Corporation, and they had an impact on the community as well. He stated it was his understanding that there had not been an offer made yet. Mr. Rohloff stated that was correct and was why he was unable to hold a closed session with Council as there was no information to provide. Council Member Pech stated everything out in the public at this point was speculation. Mr. Rohloff stated he believed after the soil borings were complete, Oshkosh Corporation would let the City know if they were in consideration for a potential site. Council Member Herman stated Mr. Rohloff had been on the radio earlier that day, discussing how the parks belong to the citizens although the issue would not be able to go to referendum. He requested that Mr. Rohloff explain to the public why the decision was up to Council. 17 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Mr. Rohloff stated the question had been does the potential sale of the course have to go to referendum, or would the public be able to force it to go to referendum, and his answer had been no. Ms. Lorenson stated there was not a provision that would require the potential sale to go to referendum. She explained the referendum would not be timely enough to impact the decision unless Council decided to order a special election. Council Member Herman questioned how the number of signatures required on a petition was calculated. Ms. Ubrig indicated it was a percentage of the number of voters from the last presidential election. She explained the petitioners had 60 days to collect the signatures, she would then have a timeframe to review it, and the petitioners would have a timeframe to make any necessary corrections. Council Member Herman explained he had been contacted by a number of individuals and expected other Council Members and City staff had as well. He stated he wanted to share that information with the public as there had been a number of questions he was unable to answer. Mayor Cummings stated he believed a major issue that was not receiving as much coverage as it should was jobs. He explained there was currently 450 jobs at the headquarters with more to come in the future. He stated retaining the headquarters would help secure the financial stability of Oshkosh and believed they should focus on the overall financial benefits to the community. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings explained Monster Bash was hosted by the Oshkosh Zoological Society and was scheduled for Saturday, October 21s' from 6:00 p.m. to 9:00 p.m. at the Menominee Park Zoo. He stated the proceeds would hire and train education coordinators for the zoo. 18 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff stated Trena Larson, Director of Finance, had included a letter expressing the desire of City staff to extend the contract with Schenck to complete the annual audit. He explained with the transition to the new accounting software, City staff felt it was beneficial to maintain Schenck. He stated the contract with AECOM was to complete a pavement condition survey due to present staff levels in the Engineering department. He explained while the county had completed the survey in the past, they did not have the staff to complete it this year either. He stated there was not much to report regarding the arena, the project continued on schedule. Council Member Palmeri questioned if it was necessary to complete a complete pavement condition survey as the City did so few improvements. James Rabe, Director of Public Works, stated the Wisconsin Department of Transportation (WDOT) required the City to do a complete analysis every two years. 19 PROCEEDINGS OF THE COMMON COUNCIL—SEPTEMBER 12, 2017 Mayor Cummings stated completing Bayshore Drive, Eveline Street and others within one season was not an insignificant improvement. MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING AGREEMENTS WITH LOCAL NO. 316, I.A.F.F. OSHKOSH FIRE DEPARTMENT, OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION, OSHKOSH POLICE SUPERVISORS ASSOCIATION AND AFSCME 796 (TRANSIT) WHERE COMPETITIVE BARGAINING REASONS REQUIRED A CLOSED SESSION AND PURSUANT TO SECTION 19.85(1)(C) OF THE WISCONSIN STATE STATUTES TO DISCUSS THE PERFORMANCE EVALUATION AND COMPENSATION REGARDING THE CITY MANAGER AN EMPLOYEE OVER WHICH THE COMMON COUNCIL HAS JURISDICTION AND EXERCISES RESPONSIBILITY (Herman; second, Pech). CARRIED: Ayes (7) Palmeri, Allison-Aasby, Herman, Panske, Krause, Pech, Mayor Cummings MOTION: ADJOURN (Allison-Aasby; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 7:27 p.m. PAMELA R. UBRIG CITY CLERK 20 21