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HomeMy WebLinkAbout05. Common Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 10, 2017 REGULAR MEETING held Tuesday, October 10, 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 and Mayor Steve Cummings EXCUSED: Council Member Deb Allison-Aasby ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Herman read the Invocation. The Pledge of Allegiance was led by Council Member Herman. PUBLIC HEARING Resolution 17-489 Approve Final Resolution for Special Assessments — Contract No. 17-31 Cold Mix Asphalt Paving: 1021 Bauman Street MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (5) Herman, Krause, Pech, Palmeri, Mayor Cummings Noes (1) Panske Don Schettle, 1021 Bauman Street, provided photographs to Council. He stated he had received a letter indicating the City planned to redo the street in front of his house. He explained the road had been moved approximately 8-10 years ago, although they did not do any work to the middle of the road. He stated the photographs showed the condition of the road in the middle. He explained he had been told by Mr. Patek, the director of public works at the time, that the City did not have enough funds to complete the entire road and therefore just did the sides. He stated he had informed Mr. Patek it would cause problems in the future. He explained he did not feel as though he should be responsible PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 for the cost as it should have been taken care of by the City when they moved the road. He suggested the City complete a temporary repair down the middle, as it was not supposed to be a permanent fix due to the age of the sewer system. He stated if the City decided to complete the entire street, they should cover his costs as he was the only property owner adversely impacted. Council Member Panske questioned if he had been assessed for the previous work. Mr. Schettle stated no; the City had wanted to move the road and had not charged the property owners. Council Member Panske questioned when the work had been done. Mr. Schettle stated approximately 8-10 years ago. He stated the four properties on the east side had benefited as they had received additional footage from the right of way, and the road had been moved as far west as possible onto his property. He explained he was the only remaining property owner that would be adversely impacted. Council Member Pech questioned why this property was singled out when the material provided to Council indicated there were several properties on the street being assessed. James Rabe, Director of Public Works, explained there had been a public hearing for the other properties on the street, however, a notice had been missed to 1021 Bauman Street, which was why there was a public hearing for the sole property. Council Member Pech questioned if the other properties on Bauman Street would receive an assessment. Mr. Rabe stated yes, every property would be assessed in accordance with the policy. Council Member Pech questioned if the property owner was being treated any different than the other property owners on Bauman Street. Mr. Rabe stated no, it was a matter of the notice being missed that caused the need for the public hearing. Council Member Panske questioned why Council had not received any information regarding the pavement work 8-10 years ago; she explained the packet indicated the pavement had been placed on Bauman Street in 1925. 2 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mr. Rabe stated he was not certain. He explained if the GIS was not appropriately updated when the work was done it could explained why it was not properly documented. Council Member Palmeri questioned why the City would have not repaired the center section. She asked if it was a rare situation or if it was something that the City did in other locations. Mr. Rabe questioned if she meant at present time or in the past. Council Member Palmeri stated in the past. Mr. Rabe stated he was not certain why the decision was made in the past. Mr. Schettle explained he had been told by Mr. Patek that the reason it was not complete was that the City did not have enough money to do so. Council Member Herman stated based on the photographs, it appeared to be the center of the road that was in poor condition. He questioned if that's where the City would have put the storm sewers at the time. Mr. Rabe stated there would not be storm sewers running down the center on Bauman Street, they would run perpendicular at the cross streets towards the river. Council Member Herman stated due to the width of the road he would guess that most traffic drove down the center. He explained he thought it was notable that it was the center of the road that was in poor condition, which was in a sense the City's responsibility. He stated Council had approved the project aside from the single property being missed in the notice. Mr. Rohloff stated to clarify the policy did not state that the City would cover the middle third of the road. He explained the City covered 1/3 and each resident side covered 1/3. He stated the City owned property on the other side of the street and were covering approximately 2/3 of the cost of the street repair. Council Member Pech stated it was one thing to be frugal and another to be cheap. He explained this was a situation in which his predecessors had chosen to go the cheap route and did not take care of something when it should have been. He stated he understood the gentleman's concern, although the other properties were also being assessed. 3 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Council Member Herman stated Mr. Schettle was not being singled out, the other property owners would be equally assessed. He explained he believed it would be a good way to extend the life of the road. PRESENTATIONS Professor David Fuller stated he had originally planned to speak on police, fire and rescues charges, and at the last minute he had been informed he was asked to speak about the impact of EAA. Mr. Rohloff stated he should present whatever Mr. Goelzer had asked him to speak about. Council Member Palmeri questioned if the agenda was being changed. Mr. Rohloff explained he believed it was relevant to the discussion. Council Member Panske stated the agenda listed 'impact of EAA on local economy'. Mr. Rohloff stated Dr. Fuller would be doing an economic analysis and he believed it would be appropriate to give him leeway. Dr. Fuller explained that Oshkosh was event City which had a positive impact through increased tourism and economic activity, as well as increased recognition and exposure. He explained there was a negative side to it as well, with a strain on City resources such as police, fire and rescue services (PRF). He stated the goal of his analysis was to help discover the best method for charging for PRF services at special events in the best interest of the City overall. He explained the stakes were high; although it may not seem important how charges were calculated as long as the budget balanced, special events were an important component of the local economy. He stated his perspective often varied from that of the City's. Council Member Pech questioned how the presentation would connect to EAA's impact on the local economy. Dr. Fuller stated this was what he had been asked to present. Council Member Pech questioned who had asked him to do so. 4 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Dr. Fuller stated by David Goelzer. He explained he had received a copy of the agenda and noted that it listed 'economic impact of EAA' which was not what he had been asked to present. Mr. Rohloff stated he had forwarded the title to Mr. Goelzer, who did not get back to him with different wording, therefore he left the description as it was. Council Member Pech explained there was a perception in the community that the City was not being transparent or communicative about topics, therefore he believed it was important to adhere to what was listed on the agenda. Ms. Lorenson stated the presentation appeared to apply more to the item listed later on in the agenda related to special event fees. Mr. Rohloff stated he did not disagree. Council Member Herman requested Mr. Goelzer approach the podium. Dave Goelzer, EAA counsel, stated he had indicated to Mr. Rohloff and Council that they had requested that Dr. Fuller complete the analysis, which he had provided copies of. He explained he had told Mr. Rohloff he would like Dr. Fuller to present his report to the Council. He stated he had sent Mr. Rohloff a title, which was broader than the one listed on the agenda, and combined the study with economic impact. He explained there had been no attempt to hide anything and he would be happy to provide the email regarding the details of the presentation with Mr. Rohloff. Council Member Pech stated while he understood, he believed he presentation applied to the discussion that would be held later in the evening about special events. Mr. Goelzer explained he had requested that Dr. Fuller be permitted to present the first study, which was what he was trying to do. Council Member Pech stated perhaps Dr. Fuller should present the economic impact first, and speak a second time during the special events section. Mr. Goelzer stated Dr. Fuller's study dealt with a strategic view of how the City should look at and deal with special events. He explained it was broader than the 2018 charges that were listed on the agenda. 5 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Council Member Pech stated Mr. Goelzer was referring to charges, when the item was listed as economic impact. Mr. Goelzer stated that had been a mistake; in his view there was no doubt that the presentation was supposed to have been the two-part study on determining charges for special events. He explained it had been forwarded to Council approximately 6 weeks ago. Council Member Pech questioned what the second part of the study was related to. Mr. Goelzer stated the second part was titled 'assessing the fiscal impact of EAA on the City of Oshkosh'. He explained it was not part of the study related to the $170 million that benefited the Fox Valley; it was specific to the City. He stated while the two studies sounded alike, they were different. Mr. Rohloff stated he had located Mr. Goelzer's email where he talked about the title. He apologized for the confusion. He explained it was up to Council how Dr. Fuller proceeded. Council Member Palmeri stated it sounded as though it had been a miscommunication. She explained because they did not have a presentation on the economic impact of EAA, the information from Dr. Fuller needed to come later in the meeting during the special events item. Council Member Herman stated he agreed, although he believed Dr. Fuller's presentation would pass the 5 minute time limit during the special events resolution. Council Member Panske questioned if Dr. Fuller had the second part of his study on the economic impact of EAA with him. Dr. Fuller stated no. Mr. Rohloff stated Council had been sent reports prior to the September 121h workshop, and he had mixed up the titles between the two different reports. The consensus of the Council was to reschedule the presentation. Mr. Rohloff apologized for the confusion. 6 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mayor Cummings stated he understood there was a number of individuals present to speak on the Lakeshore Municipal Golf Course topic. He explained there would be a presentation, followed by Council, and then citizen comments. Mr. Davis explained City staff had been receiving comments on the different concept plans that were displayed on the City website. He explained they had also held two public input sessions, and a summary of the information had been provided to Council in written form. He stated the concept plan was not a fixed document and was still being developed. He explained specifics to the concept plan, such as the different types of recreational opportunities that may be available at the site, they were not being proposed at this time as it would be up to the advisory parks board and parks department to help determine in the future. He stated it was not yet determined if Council would approve the proposal or if Oshkosh Corporation would accept the proposal; they remained in a competitive environment and the goal was to submit the proposal by November 1, 2017. Council Member Herman stated he did not understand how concepts could be proposed to citizens and Oshkosh Corporation and then later changed. He questioned who had decided to move forward in this direction. He stated he understood there was not enough greenspace for the size of the community. He explained he felt the City was moving in a direction he did not believe they could come back from. He stated that bothered him because Council had not had the opportunity to weigh in on any of it. Mr. Davis explained the parks advisory board and the parks department made it clear that they wanted time to create a master plan if there were to be 70 acres remaining. He stated they had not started work on a plan, they had concepts developed to present a non-binding proposal to Oshkosh Corporation. Mr. Rohloff stated concept plans, similar to the Sawdust District, were subject to final plans. He explained this was to provide the public an idea of what things could be possible at the site. He stated the parks board would play a major role in any redevelopment at the site and would ultimately be making a recommendation to Council. He explained the concept plans were to get the public thinking about different possibilities. He stated there were concept plans for the Sawdust District, although the only piece that had a master plan was the arena. He explained it was not unusual to begin with concept plans and further down the road solidify intents. Council Member Pech stated he had sent an email to Mr. Rohloff, Mr. Davis and Mr. Burich explaining that if the proposal were to be accepted by Oshkosh Corporation, the remaining acreage would remain community greenspace. He explained he did not support concept 2, as it would have significant additional development in the area that 7 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 was currently part of the golf course. He stated he wanted to make it clear that any land that did not go to Oshkosh Corporation would remain public greenspace. Mr. Rohloff stated he had been clear in his email. He explained the purpose of the public input sessions had been to see if there were any other ideas in the community, and they had received a number of suggestions. He suggested that everyone keep an open mind about the possibilities for the site. Council Member Palmeri stated she struggled with the fact that it seemed there was an assumption that the sale would happen, when Council had not had a discussion on whether the golf course would continue or if a proposal was a possibility. She explained she understood there was a compressed timeline, however, she felt the process was taking place out of order. She stated the decision making piece was missing from the timeline. Mayor Cummings stated a concept plan was just a concept; the idea needed to begin somewhere and City staff was not able to just keep verbalizing ideas. He explained they were in competition with other cities throughout the country. He stated the proposal would be for 30 acres to go to Oshkosh Corporation and the remainder to stay community greenspace. He explained the concept plans merely provided an idea of what the site could be; it was a beginning point. Council Member Palmeri stated the timeline listed 'November 1- draft proposal due to Oshkosh Corporation', and questioned if that would be a draft or final proposal. Mr. Davis stated it was listed on the timeline as the deadline to have a proposal drafted to provide to Oshkosh Corporation. He explained it would go before Council for approval at the November 141h Council meeting. Council Member Palmeri stated it would be the pre-Council final draft. Mr. Davis stated that was correct. Nik Davis, Principal Associate, Houseal & Lavigne Associates, explained the concept plans gave a visual interpretation of what would be possible at the site. He stated there could be many different versions of the concept plans and a master plan would need to be developed in the future. He presented visuals of the two different concept plans, the first which emphasized capitalizing on greenspace and did not include additional development on the golf course footprint; the second concept was similar to the first, 8 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 aside from an additional development area. He presented a 3D visualization of the first concept to give a sense of what the site could look like. Council Member Palmeri questioned if there was not going to be any additional development outside of the Oshkosh Corporation campus on the first concept, why a restaurant was depicted. Mr. Nik Davis stated there was a potential restaurant location that had been recommended by Oshkosh Corporation and was an item to consider as they moved forward. Council Member Palmeri questioned if Oshkosh Corporation had directed them to include the restaurant in the concept plan. Mr. Nik Davis stated they did not direct, they had explained that it was an amenity they were looking for. Mayor Cummings stated any development along Oshkosh Avenue would take place on private property, there was no City property. He explained he believed the City had been clear that whatever was developed in the area would need to be first class operations. He stated the area would become a gateway into the community, and the developments would need to reflect the high quality and caliber of the City. Council Member Pech stated it was his understanding that the restaurant was not included just for Oshkosh Corporation; that it could be a destination for community residents. Mr. Nik Davis stated that was correct. He explained they could see value in a restaurant being included at the site due to the number of people expected to utilize the area, although because it was a concept plan it may not be located exactly where it was currently situated on the visual aid. CITIZEN STATEMENTS Ann Marshall, 1120 Olson Avenue, explained the potential concepts for redevelopment of the golf course was one of the'hot topics' on the City's website. She stated she attended a public input session and thanked the City for the opportunity. She explained while she had biases, she tried to recognize them and not let them influence her decisions. She stated Oshkosh Corporation had a huge economic impact on the City and surrounding 9 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 area and it would have been inexcusable if GO-EDC and the City had not taken action when they learned that Oshkosh Corporation was looking at various locations. She agreed that greenspace was essential in the community and the golf course sat on approximately 100 acres. She explained that while many enjoyed the golf course, she doubted that even 10% of the City's population of 66,000 people used the course, and the two parks on the space were small. She stated if 30 acres were sold to Oshkosh Corporation it would leave 70 acres of greenspace that had potential to be developed into a lakeside park for the use of the community. She explained she understood there were additional suggestions to the two concept plans that had been presented. She stated she preferred the first concept of developing the space into a large park that the entire population of the City would have access to. She explained she did question where the money to make that development happen would come from, although she stated that was a conversation topic for another time. She stated she believed the City needed to make every effort to keep Oshkosh Corporation's executive offices here. She explained if Oshkosh Corporation were to leave, there would be significant negative consequence to the City's economic stability. Rachel Hansen, 344 Oak Manor Drive, stated she was present to represent Propel, which was Oshkosh's young professional organization. She explained one of their missions and goals was to attract young professionals aged 21-40 for local businesses in the Oshkosh area. She stated they accomplished this by hosting many business and social events throughout the year. She explained the City shared a similar goal,which was why Propel wished to speak in favor of Oshkosh Corporation attaining the lakeshore property. She stated Oshkosh Corporation was the single largest tool in recruiting and maintaining young professionals to the City. She explained they had conducted a survey amongst young professionals aged 34 and under. She stated of the 87 respondents, 72 young professionals responded that they wanted Oshkosh Corporation to stay in Oshkosh, even if it meant selling the golf course. She explained it would further economic development, maintain jobs, support local businesses and continue its philanthropic endeavors. She, on behalf of Propel, requested that Council vote to sell the golf course to Oshkosh Corporation to protect the integrity of the community and continue to enhance the future for young professionals. Kathleen Propp, 1936 Hazel Street, stated she was present to speak in favor of parks. She explained Lakeshore Municipal Golf Course was not just a golf course;it was a park. She stated parks were quality of life assets, and no water front park was an underutilized piece of land that should be sold for development, even to Oshkosh Corporation. She explained contrary to popular belief, the golf course was not struggling, it was popular. She stated the charge for golf basically covered operating expenses and there was no taxpayer levy. She explained the golf course enterprise fund owes$800,000 to the general 10 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 fund due to a huge 2009 balloon debt payment to cover the course's drainage improvement. She stated the drainage work should not be viewed solely as a golf course benefit; without that project the parcel would not be buildable today. She explained Oshkosh fell well below national standards for community parks, open space and recreation areas. She stated she believed the waterfront, public greenspace should either remain as a golf course or become a community park with its own master plan for recreation facilities. She explained in the event Council were to proceed with a sale to Oshkosh Corporation, she supported the first concept plan with maximum park acreage and zero commercial development on golf course land. She stated the City's price should be maximum market value, established with advice from outside professionals, not just the City assessor. She explained the proceeds should first go towards a river walk and park improvements. She stated it hurt to lose the lake front property, although Oshkosh Corporation paying for(through the sale price) the improvement of 70 acres of park space would help heal the division in the community. She explained she would not support any development by a different company should Oshkosh Corporation not proceed with the proposal. Council Member Pech requested Ms. Propp share the recommended acreage of park space. Ms. Propp stated it was 7-10 acres per 1,000 members of the population and Oshkosh had just over 5 acres per 1,000. She explained the statistics were from the 2011 parks and recreation plan. Council Member Pech stated there were two additional large greenspaces that were located within the City, however, because they were owned by another governmental entity, were not included in the data. Ms. Propp stated she did not believe County Park was included in the statistics,however, she explained Ray Maurer, Director of Parks, would be able to answer that question. Ray Maurer, Director of Parks, explained County Park was not included in those statistics, as they identified City owned properties. Council Member Pech stated County Park did fall within the City boundaries. Mr. Maurer stated agreed. Council Member Pech questioned if part of Asylum Bay fell within City boundaries. 11 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mr. Maurer stated he was not certain. Mayor Cummings questioned if the greenspaces at schools were incorporated into the statistics. Mr. Maurer stated no. David Borsuk, 1205 Washington Avenue, stated he was in favor of offering Lakeshore Golf Course to the Oshkosh Corporation so that they had the opportunity to choose to stay in the community. Jonathan Doemel, 455 Zarling Avenue, explained the biggest 'park' in the City was the river and the lake, and right now it was difficult to access. He stated while he could understand the love of the golf course, and had friends and family asking him to help save Lakeshore, he wanted Council to help save Oshkosh. He explained the issue was bigger than the golf course. He stated the NFL did 13 billion in sales last year and Oshkosh Corporation did 6.3 billion. He explained that had a large economic impact and their philanthropic donations were substantial. He recommended Council do everything possible to provide the community access to the waterfront and to keep Oshkosh Corporation here. He stated he did not blame Mr. Rohloff for initiating the conversation. Rob Hartley, 1711 Punhoqua Street, stated he proposed to incorporate the golf course into the present 70 acres that would be left. He explained he had obtained the free help of golf course designers including Mr. Detlaff, who stated he could take holes that were presently on the course and convert them while saving the greens and tee boxes for cost effectiveness. He stated many courses were combining the front 9 and the back 9 by offering alternative greens. He described the different course alternatives. He stated biking/hiking trails and fishing piers could be incorporated. He explained this would offer the best of both worlds. He stated he would keep Council updated via email. Matt Mugerauer, 2321 Golden Avenue, stated he believed that Mr. Rohloff was doing his job in reaching out to Oshkosh Corporation. He explained without a clear directive from Council to do or not to do something, he had the authority and duty to protect the community. He stated had Mr. Rohloff not reached out to Oshkosh Corporation, the City would not even be in the running for the site of their corporate headquarters. He explained the golf course was a business, not a park, and was meant to be self-sufficient. He stated due to poor management over many years they had not been able to pay down the debt associated with it, and they had not charged an appropriate rate to properly fund their operations. He explained the community could only access the property by paying 12 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 for a service. He stated in selling the course, the City would have the ability to open up the remaining 70 acres of land to the community. Sean Elliot, 2875 Fox Tail Lane, stated he was vice president of advocacy and safety at EAA and a longtime Oshkosh resident, and was present on behalf of EAA in support of the sale to Oshkosh Corporation. He stated in the 1950's and 1960's, the fly-in for EAA did not exist in Oshkosh; it was based in Rockford, Illinois. He explained in 1969, Rockford passed on an opportunity to maintain the fly-in, and leaders in Oshkosh sensed an opportunity and welcomed EAA to the community. He stated Oshkosh had become a mecca of the aviation industry while Rockford regretted their decision. He explained it was essential for the City to put its best foot forward in regards to keeping Oshkosh Corporation in the community. He stated there were many cities that were eager for the opportunity to have Oshkosh Corporation choose them for their corporate headquarters. He advised Council to be take the opportunity seriously. Tom Bauer, 1338 Winnebago Avenue, stated he struggled with the discussion on greenspace as he believed its value was overestimated. He explained he lived near Menominee Park and he did not believe it was heavily used, and was oftentimes empty. He stated it was one thing to talk about the need for greenspace, and another to discuss if people were actually using the greenspace that was available. He stated he believed Oshkosh Corporation had earned the property by their longtime presence and impact in the community. He explained the building they would construct would make an impression on those entering the City. He stated he wanted Oshkosh Corporation to feel valued. He explained the corporation had a lot of offers, and for them to choose to stay in a community of this size would be significant to the City. Bill Miller, 3322 Isaac Lane, explained he did not believe the golf course was a park; if you did not pay, you could not play. He stated it was a defunct business that did not make money. He explained 17 years ago,it had been promised that the golf course would repay its debt to the City, and that had not happened. He stated numerous significant manufacturing jobs had left the City. He explained the number of high paying jobs on the line was not something to be overlooked. Nicole Peterson, 1545 Arboretum Drive, explained she was in support of Oshkosh Corporation, especially due to the impact they have had on the youth in the community. She stated they came into the classroom and engaged students in unique opportunities, and opened the door for other community partners to do the same. She explained they had been welcoming and open to the community, and had inspired other companies to try and get involved with students and youth. She stated she was excited about the opportunities that were coming to Oshkosh. She explained the younger generations in 13 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 the community wanted to be able to have fun and do things right in Oshkosh, and not rely on Green Bay or Appleton for entertainment. She encouraged Council to invite Oshkosh Corporation to the Lakeshore site. Pat Weston, 2550 Lamplight Court, stated he believed it would be a win for the City to turn the golf course into a business and community park. He explained if they were able to retain Oshkosh Corporation, it would benefit the City immediately and into the foreseeable future. Matt Jameson, 431 Marion Road, stated he was speaking from the perspective of an Oshkosh resident, an Oshkosh Corporation supplier and a volunteer of a number of local non-profit organizations. He explained Oshkosh Corporation's headquarters, wherever it was located,was more than a building. He stated it was the epicenter of the company's ability to provide direct employment to thousands and the hub of their outreach to numerous supply chain partners. He explained it was the location in which corporate leaders decided on huge philanthropic endeavors that benefited the entire region. He stated the organization saved the lives of those in war, firefighters and many more. He explained it impacted the lives of nearly everyone in the community, and Lakeshore Golf Course,no matter how anyone felt about it, did not have that effect. He stated there were more than 145 suppliers just in the City that supported the work of Oshkosh Corporation. He explained their large employment base combined with the employment base of their numerous suppliers frequented retailers, service centers and restaurants in the City resulted in a huge economic benefit. He stated the City would be able to grow with the expanded presence of a premier Fortune 500 company having its world headquarters in Oshkosh. He explained 92% of all Fortune 500 companies were located in cities of more than 70,000 people and within a 45 mile radius of a city with more than 450,000 people. He stated Oshkosh would be one of only 8% that host a Fortune 500 company headquarters in a municipality below that threshold. He explained the Boys and Girls Club would not be able to be as effective or life changing without the help from Oshkosh Corporation. He stated the individuals making the decisions to help reside at the headquarters, and see the impact they have on the kids in the club. He explained he had golfed at Lakeshore and his son's team utilized the course as their home course. He appreciated the sentimental value, however, he believed in forward thinking. He stated golf courses to add to prosperity, although they did not create it. Brett Spangler, 841 Cherry Street, stated if it were true that Lakeshore was the only site in the City suitable for a headquarters, in 25-50 years when they needed a new headquarters, there would be nothing keeping them in Oshkosh. He explained future generations would be left with less land and the demolition costs for a building that was too large to house any other organization. He stated he believed the City was negotiating 14 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 from a place of weakness as the deadline kept changing. He explained good deals did not happen when you had no leverage. He stated the silence from Oshkosh Corporation was deafening as they have not responded or attended any meetings. He explained it appeared they were making every effort to leave while the City destroyed its future to appease them. Kirk Spaulding, 1456 Maricopa Drive, stated he was a lifelong resident and golfer at Lakeshore. He explained he believed the City could not afford to lose Oshkosh Corporation. He stated he understood that Lakeshore was the only viable site in Oshkosh, and if keeping the corporation in the City could be accomplished by offering the site, he would support that. He explained if the golf course were to disband, there were markers and memorials throughout the course that would need to be addressed. He stated if Oshkosh Corporation were to go in a different direction,he hoped the process would be different if the course were to be offered again. He explained he believed a referendum should take place. Laurence Carlin, 2803 Stoney Beach Street, stated he wished to express his support for Oshkosh Corporation and the sale/development of the property. He explained the overarching questions should be 'what was best for Oshkosh'. He stated to him, the answer was clear as Oshkosh Corporation employed thousands, brought considerable revenue to retailers,hotels and restaurants in the region and provided invaluable support to the community, which were things the golf course could not do. He explained if they let the opportunity go, it would be devastating for the City. He stated some had argued that Oshkosh Corporation should select a different site in the community or region, however, they would not build elsewhere and take a less desirable site when their goal was to attract and retain a talented workforce. He encouraged Council to join in the support of the development of Lakeshore and stated it was an exciting time for the community. Tim Schiessl, 4208 Shady Lane, stated there were several other sites within the City that would be suitable for Oshkosh Corporation. He explained the golf course should have never been recommended as a choice to a private company. He stated he believed Oshkosh Corporation was a gamble. He explained companies would come and go,while the park was an institution. He stated if Oshkosh Corporation kept threatening to move, the City should listen to them. He explained if the corporation left, another would replace it. He stated he was upset that private business would be able to select a jewel of the community. Gerald Anklam, 1402 Liberty Street, questioned the decision of Oshkosh Corporation to build a large, corporate headquarters on expensive land. He stated he thought the money 15 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 could be used for future product development. He explained he had training in lean manufacturing and had learned what you invest had to have a return. He stated he had heard they need a world class facility to attract people, however, he believed that pay was what attracted people. He explained he had read that the corporate headquarters would result in 200 more jobs, and hoped that they would have a product output matching that or they would become 'top-heavy'. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Oshkosh Library Board Minutes from August 31, 2017 Resolution 17-490 Approve Option to Purchase Agreement with Bobolink Mitchell Falls, LLC/ Southwest Industrial Park Resolution 17-491 Approve Authorizing Submittal of Environmental Protection Agency Community Wide Assessment Grant Resolution 17-492 Approve Determination of Necessity to Acquire Property at 132 W. 91h Ave; Authorize Redevelopment Authority to acquire 132 W. Stn Avenue (Redevelopment Authority Recommends Approval) Resolution 17-493 Approve Determination of Necessity to Acquire Property at 117 W. 81h Ave Authorize Redevelopment Authority to acquire 117 W. 81h Avenue (Redevelopment Authority Recommends Approval) Resolution 17-494 Approve Spot Blight Designation; Authorize Redevelopment Authority to acquire 87 Frankfort Street ($22,000.00) (Redevelopment Authority Recommends Approval) Resolution 17-495 Moved to New Ordinances below Resolution 17-496 Approve Acceptance of Great Lakes Green Infrastructure Champions Grant Resolution 17-497 Amend te &Time fef SpeEi ' Event RedRE)E' EtiensLLC 16 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Centel fee ,-heif EOREeft r"_ --__sly SEheduledC)Etebef ? 2047 � C)Etebef 28 20 7 WITHDRAWN BY APPLICANT Resolution 17-498 Approve Combination "Class B" Licenses & Agent Change for Combination "Class A" License MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-495 Approve Intermediate Attachment of Properties from Town of Algoma Effective March 1, 2018 per Approved Cooperative Plan Zone B Generally Located North of State Road 91, West of USH 41, South of State Road 21 FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-499 Approve Zone change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay located at 3001 S. Washburn Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Resolution 17-500 Approve Developer's Agreement for Ripple Avenue Estates; 3900 Block of Oregon Street MOTION: ADOPT (Herman; second, Krause) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Resolution 17-501 Approve Specific Implementation Plan Amendment for Placement of an Electric Vehicle Charging Station at 2415 Westowne Ave (Plan Commission Recommends Approval) MOTION: ADOPT (Panske; second, Pech) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings 17 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Resolution 17-502 Approve Employee Health Insurance Agreement with Anthem B1ueCross B1ueShield & Dental Insurance Agreement with Delta Dental of Wisconsin MOTION: ADOPT (Panske; second, Herman) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Council Member Palmeri asked for an explanation of the agreement. She stated it was her understanding that the University was no longer going to be offering Anthem, and questioned if that had been due to a performance issue or benefit concern. She asked if City staff had compared notes with staff from the University. John Fitzpatrick, Assistant City Manager, stated they had not consulted the University staff regarding Anthem. He explained City staff had operated independently and went through a request for proposal (RFP) process and had narrowed it down to Group Health Trust, Network Health and Anthem. He stated in addition to the cost savings, the employee participation committee had evaluated the RFPs and recommended Anthem. He explained selecting Anthem would result in the most savings and least disruptions to the City staff utilizing the benefit. Council Member Palmeri stated she understood it was a substantial savings. Mr. Fitzpatrick stated it was approximately$400,000. Mr. Rohloff stated although they had not discussed Anthem with University staff, Associated Benefits rated the various benefit options. He explained while Anthem had not received a high rating, City staff had presented that to the employee participation committee,who still recommended Anthem despite the rating. He stated if the City were to have concerns related to service in the future, City staff would work with Associated Benefits to resolve the issue. Council Member Herman stated he believed Group Health Trust had contributed towards the clinic. He questioned if there would be an impact on the clinic under the new plan. Mr. Fitzpatrick stated there would not be an impact to the clinic. He explained Group Health Trust had provided $200,000 annually towards the clinic and Anthem had agreed to provide the same amount. Council Member Herman questioned how the plan would impact the employees. 18 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mr. Fitzpatrick stated there would be a small decrease in premium and the plan design was similar to the existing plan. He stated there would be some disruption in service for some employees as Anthem would require employees to utilize Aurora, and some had been utilizing providers that would be outside of network. He explained that number was in the minority and a majority of employees would be able to keep their doctors. Resolution 17-503 Approve Charges for Extraordinary Services for Special Events — 2018 MOTION: ADOPT (Palmeri; second, Herman) CARRIED: Ayes (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings Ellen Schmidt, 4303 Swallow Banks Lane, stated Sawdust Days had struggled with the fee increase and the event would cost over$4,000 this year. She explained they would be charged for police vehicles, ATVs, trailers and trucks. She stated they had donated over $35,000 for permanent power, and had moved away from using that, which resulted in them being charged additional costs for generators. She explained she did not believe police officers received $79 per hour for straight time and $104 for overtime. She stated she understood the need to charge for police officers, however, she believed the charges were too much. She explained special events were important to Oshkosh and she did not believe the City was creating a friendly atmosphere for events. She stated she understood there was a deficit in 2015 and the City was trying to make it up, however, she did not believe it should be made up on the back of special events. She requested Council consider the fee schedule carefully; Oshkosh was considered Event City and she felt as though the City was trying to price them out of putting the events on. David Goelzer, 7307 N. Bridge Lane, Fox Point, stated he was EAA's legal counsel and had been a member of the special event fees working group. He explained the special events ordinance stated the cost for extraordinary services charged to event organizers would not exceed the actual cost of providing the service. He stated he objected to using Federal Emergency Management Agency(FEMA) rates for equipment use. He explained FEMA rates were what was charged when the government rented equipment from local governments or others to use during a disaster that a local governing body could not deal with on its own. He stated the FEMA rates were not relevant to a City charging an event organizer for temporary use of existing equipment that the City provided for an event that in some way benefited the City and its quality of life. He explained FEMA rates were high; the charge for a police car that was idling by the side of the road was $15.69 a day. He stated he did not believe a special event should have to pay that high of a cost. He explained it had been stated that FEMA rates were widely accepted, which was true, 19 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 when they were implemented for their intended use. He stated he believed City staff was selecting FEMA rates because they were high and would result in a revenue source for the City. He explained the calculation for the charge for police/fire services had not been disclosed in the materials and he had to request the calculation from City staff. He stated the City had included a 10%multiplier in the calculation of the rates. He explained in the working group it had been decided that transparency would be a key factor in regards to charging for special events. He stated there had never been a mention of a 10%surcharge. He explained it had been part of the rates that were proposed at the beginning of the year, and it was his understanding that it should have been removed. He stated that he had a discussion with Trena Larson, Director of Finance, and she explained that the 10%he was referencing was intended as part of the budget for compensation of the special events coordinator. He explained he objected to the 10% additional charge that had been proposed in the beginning of the year, and the 10% that was included within the charge calculation. He stated he had not understood it was intended for an employee's salary, and felt it was a poor way to budget. He explained that he believed the rates should be rejected and any future proposals should be required to include a complete explanation of how the rates were determined. Council Member Herman asked for an explanation of how the fee schedule had been determined. Ray Maurer, Parks Director, explained it had been a long process of the working group. He stated they had met April through July, twice a month, and reported to the City manager at the end of the process. He explained they had explored a number of options related to calculating charges including researching how other municipalities throughout the country charged for special events. He stated they had proposed to charge for a number of items that had not been charged for in the past, including Community Service Officers, various fire services and straight time from various departments. He explained the 10% additional charge was not an administrative charge, which had been discussed earlier in the year, he stated it had been included on all invoices since the special events coordinator position had been created. He stated that information had been shared with the events working group; the 10% surcharge did not cover the cost of the position's salary, it only contributed to a portion, and the remainder of the position was paid for through the use of hotel room tax. Council Member Pech questioned what the increase in fees was for 2018 compared to 2017. Mr. Maurer explained across all events, the total increase would be approximately $65,000, which included $50,000 in City staff costs, a portion of which had not been 20 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 charged for in the past. He stated the increase was compared to 2016 rates because there had not been an increase in 2017. Council Member Pech stated it was his understanding that 2017 actual costs were not being recovered. Mr. Maurer stated that was correct. Council Member Pech questioned if there was an alternative to FEMA rates that City would be able to base the fee schedule off of. He asked for an explanation of why FEMA rates were used. Trena Larson, Director of Finance, explained the basis for the FEMA rates was that if the City were to develop its own equipment rates, and FEMA were to come in during a disaster, the City would have to utilize its lower rates. She stated the FEMA rates were calculated from research and analytics that include direct and indirect costs such as operating variables, annual use hours,maintenance and overhaul costs in addition to unit price information such as fuel price, labor rates and the cost of money. She explained FEMA's goal was to cover more than just the physical price of the police car; in owning a vehicle there were always charges outside of the initial purchase cost such as ongoing maintenance, fuel, tires and other items. She stated that was what FEMA had established their rates around. Council Member Palmeri questioned if the City had a payment in lieu of taxes (PILOT) agreement with EAA. Ms. Larson stated the City did not have a PILOT agreement with EAA. Council Member Pech stated it was his understanding that there were opportunities for event organizers to reduce fees by taking alternative measures. He explained an example related to Sawdust Days would be moving locations to prevent tying up a park, or moving out of the boat landing area. He stated there were ways event organizers could work with City staff to minimize or mitigate costs. Ms. Larson explained there had been suggestions from the working group related to equipment in regards to thinking creatively and working in more of a partnership. She stated they had also discussed barricade rental and how it was not necessarily the City's role to act as a provider of barricades. She explained there were private businesses within the City that were geared towards that. She stated the City would like to see event 21 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 organizers partnering with more private sector businesses. She explained it was important to think creatively and utilize all the resources within the community. Council Member Herman stated it was his understanding that in order to help the special events, the City had built a four year incremental charge into the fees; it would not be a lump sum drastic increase. Mr. Maurer explained that was correct. He stated each year there would be a 25% increase, and after four years the fee schedule would be fully in effect. He explained this way event organizers would be able to plan and budget for future events. Council Member Herman stated there had been a question from an event holder regarding the salary of an officer. He requested an explanation of the compensation of police officers. Dean Smith, Chief of Police, stated that Ms. Larson would be best suited to answer that question. Council Member Herman stated he was asking for an average salary for a police officer. He explained it was included in the data provided to Council and asked if it was a correct representation. Ms. Larson stated it was correct. She explained the City had used methodology that had been modified as a result of the working group meetings, which included the hourly wage,benefits and comp time that police, fire and other department employees received. She stated there had been a modification as a result of the working group; the City had traditionally charged health insurance in the regular rate as well as the overtime/doubletime rate. She explained it had been brought up by a working group member that the health insurance rate did not increase if an individual worked more hours, therefore the current methodology that was proposed did not include health insurance costs for overtime/doubletime rates. Council Member Pech thanked the members of the working group and City staff for the time and effort they put in. He explained as a special events organizer, he did appreciate the services the City provided that allowed his organization to hold a safe event and contribute to the community. He stated budgets would need to be adjusted to accommodate the additional costs as it was a necessary part of keeping the event safe for the participants and the community. He explained he appreciated that the fee schedule was well thought out and contained verifiable data. 22 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Council Member Palmeri stated Council had heard from many of the event organizers that they wanted more time prior to new fees being initiated because it was too much to absorb the entire increase at once. She explained she believed having 4 years to budget for the increases was more than fair and therefore she supported the fee schedule. Council Member Herman stated he believed there was a misunderstanding amongst special event organizers that the City did not want to have special events in the community or appreciate the economic impact that they have. He explained he disagreed; he recognized how the events benefited the hotels, restaurants, convenience stores and other retailers. He stated despite the benefit, there was a cost to having a police/fire departments, paramedics, auxiliary officers and community service officers. He explained they were services the event needed to keep the attendees and the community safe. He stated the City appreciated events, they needed to cover the costs of the City staff that supported them. He thanked the working group for their input. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the budget workshops on October 301h and 31s' from 8:00 a.m. until 5:00 p.m. 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 Mr. Rohloff stated there were two new recognized neighborhood associations in the Sacred Heart and Congress Field neighborhoods. He explained related to the arena, the public improvements were going well aside from the railroad crossing at 141h Avenue. He stated Canadian National Railroad had not been very responsive. He explained he had brought it to the attention of Congressman Grothman as he believed the City may need to get federal intervention as they had experienced such a poor response from the railroad. He explained City staff was not concerned with the water loop, however, the 23 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 storm water piece needed to be addressed. He stated there were larger storm sewers leading to the sewer under the track, and if it was not resolved, could result in flooding. James Rabe, Director of Public Works, explained they had done extensive modeling for that area and there was a significant need to upgrade the storm sewers. He stated an old, corrugated metal pipe that had been installed in the 1950s had recently failed. He explained the Canadian National design team and engineering group had been less than cooperative and had been imposing additional permits primarily due to the fact that there had been a derailment in Illinois due to a boring contractor. He stated due to the actions of that contractor, the railroad was reacting very strongly and imposing significant changes that he believed would cause more problems than they were correcting. Council Member Panske questioned if there were any assistance Council would be able to provide in relation to the railroad. Mr. Rohloff explained there was no formal action that would need to be taken. He stated the best approach in dealing with the railroad was to get to the federal level as they were federally regulated. He explained he believed it would be appropriate to contact the offices of the area representatives and let them know that the City was not receiving cooperation. Council Member Panske questioned if that was something Council should take action on. Mr. Rohloff stated he would reach out, and encouraged Council to do the same. He explained additional contact never hurt. Ms. Lorenson stated her office had been assisting engineering with pushing the project forward. Mr. Rabe indicated that the City Attorney's office had been extensively involved and had been a great asset to his team. Council Member Palmeri questioned from a liability standpoint, what would happen if they did not get the agreement with the railroad and there was a flood, due to the connection not being the right size. Ms. Lorenson stated she would prefer not to answer the question in open session. Council Member Palmeri questioned how long they had been working with the railroad on the concern. 24 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mr. Rabe stated it had been at least three or four months. Mr. Rohloff explained draft TIF materials had been provided to Council, which included a process timeline to give an idea of how the process would work. He stated City staff had provided the application scoring criteria for the three different types of TIFs as well as a table on development agreements. Mr. Davis explained City staff would continue developing the process throughout October and would be bringing it before Council in November. He encouraged any Council Members with questions or suggestions to work with City staff. He stated the professional service agreement with AECOM was in preparation for 2018 capital improvements, and they had conducted similar geotechnical testing for the City in the past. He explained at a public input session, the question of the cost of Houseal & Lavigne's services related to the preparation of concept plans for Lakeshore Municipal Golf Course. He stated it was estimated at approximately$45,000. Council Member Herman stated he hoped City staff stressed to AECOM the importance of providing accurate information to City engineers. He explained there had been a number of change orders due to items that were found after the fact. He stated related to the golf course, that the decision was open and not etched in stone, however, Houseal & Lavigne had only been asked to complete the two concept plans and a 3D version. He explained that appeared as though the decision had been made. Mr. Rohloff stated the idea behind doing a conceptual plan was to receive feedback and share information. Council Member Herman explained he understood that, although City staff was putting a proposal together, and that was part of the proposal. Mr. Rohloff stated the conceptual plans were geared towards public information and not for Oshkosh Corporation. He explained there were additional details that would be discussed in closed session related to negotiations with Oshkosh Corporation. Council Member Palmeri stated there had been issues with Houseal & Lavigne on other projects, and she was surprised that City staff had decided to utilize their services for this project. She explained she agreed with Council Member Herman in regards to the change orders. She stated she believed there had been a number of errors that resulted in additional costs. She questioned if the investment in services with AECOM was solid, as the City was depending on the company. 25 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Mr. Rohloff stated he believed it may be appropriate for Council to have a work session on how the change order process worked. He explained to get close to 100% accuracy, it could cost upwards of hundreds of thousands of dollars. He stated a workshop may help alleviate some concerns. He explained there were some projects that had come in significantly under budget in 2017. He stated the unexpected changes were not due to bad engineering, they were due to bad soil. He explained unless a road was completely dug up prior to construction, there would always be an element of'guesswork . Council Member Palmeri stated there had been recent facilities analysis completed on City buildings. She explained it was her understanding that the City was contracting with AECOM to completed a similar assessment on a different type of facility. Mr. Rohloff stated that was correct. Council Member Palmeri stated she would expect that the analysis be more solidified, given the cost. Mr. Rabe explained one of the challenges with the environmental records review was that there was sometimes limited information in the Wisconsin Department of Natural Resources (WDNR) database. He stated they did work with geotechnical drilling companies to test materials ahead of time, although there were times in which the data does not reveal everything and wrong estimates were made. He explained they had consultants who had owned their mistakes and paid for a portion of the cost. He stated AECOM had done so in the past. He explained when there was a professional error, the City would recover the cost. He stated when an error occurred because there was a lack of data, there was not any action that could be taken. He explained anytime the ground was opened, there was the possibility of something that was not anticipated, and City staff did the best they could to minimize that potential. Council Member Pech stated AECOM had a code of conduct and a code of ethics that should be upheld. He explained while cost overruns were concerning, he understood that there would always be unknowns. Tim Franz,Fire Chief,explained it was fire prevention week and his department had been out canvassing the neighborhoods and reminded the community to check their smoke detectors. Council Member Pech stated he had noticed signs regarding speeding on Jackson Street between Murdock Avenue and New York Avenue. 26 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Dean Smith, Chief of Police, explained he had met with residents in the neighborhood where the signs were posted. He stated residents had also appeared before traffic review board to discuss utilizing grant money to purchase a radar sign that displays the speed limit and the speed of the approaching vehicles to call attention to the speed limit. He explained his department was also doing enforcement efforts in the area. Council Member Pech stated he drove that stretch of road daily and he agreed speeding was a concern. Council Member Palmeri questioned if the equipment that the Historic Jackson Street Neighborhood Association would purchase with the grant money would be used solely in that neighborhood or if it would be shared. Chief Smith stated it would be mounted on a pole and remain in place. He explained the police department did have a sign board that could be moved to various places. Council Member Herman commended the police department's task force for their great success in their first year. 27 PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 10, 2017 MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF POSSIBLE AGREEMENT FOR THE REDEVELOPMENT OF LAKESHORE MUNICIPAL GOLF COURSE, 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 (6) Herman, Panske, Krause, Pech, Palmeri, Mayor Cummings MOTION: ADJOURN (Pech; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 9:20 p.m. PAMELA R. UBRIG CITY CLERK 28 PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 10, 2017 29 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 17, 2017 SPECIAL MEETING held Tuesday, October 17, 2017, at 5:00 p.m. in room 404 at City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske,Tom Pech,Jr.,Deb Allison-Aasby, Steve Herman, and Mayor Steve Cummings EXCUSED: Council Members Jake Krause and Lori Palmeri. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development MOTION: THE COMMON COUNCIL MAY CONVENE INTO EXECUTIVE SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY,PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF POSSIBLE AGREEMENT FOR THE REDEVELOPMENT OF LAKESHORE MUNICIPAL GOLF COURSE WHERE COMPETITIVE BARGAINING REASONS REQUIRED A CLOSED SESSION. (Herman; second, Pech) CARRIED: Ayes (6) Panske, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Council Member Palmeri arrived while the motion was being read. MOTION: ADJOURN (Cummings; second, Pech) CARRIED: VOICE VOTE The meeting adjourned at 5:01 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 24, 2017 MEETING held Tuesday, October 24, 2017, at 5:00 p.m. in room 404 at City Hall. Mayor Cummings presided. PRESENT: Council Members Caroline Panske,Jake Krause,Tom Pech,Jr.,Deb Allison- Aasby, Steve Herman, and Mayor Steve Cummings EXCUSED: Council Member Lori Palmeri. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney. MOTION: THE COMMON COUNCIL MAY CONVENE INTO CLOSED SESSION 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 JURSIDICTION AND EXERCISES RESPONSIBILITY. (Herman; second, Panske) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings MOTION: ADJOURN (Allison-Aasby; second, Krause) CARRIED: VOICE VOTE The meeting adjourned at 5:02 p.m. PAMELA R. UBRIG CITY CLERK PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN OCTOBER 24, 2017 REGULAR MEETING held Tuesday, October 24, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Caroline Panske,Jake Krause,Tom Pech,Jr.,Deb Allison- Aasby, Steven Herman, and Mayor Steve Cummings EXCUSED: Council Member Palmeri ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Panske read the Invocation. The Pledge of Allegiance was led by Lesley and Alexa Lunquin from Lourdes Academy. PUBLIC HEARING Resolution 17-504 Approve Final Resolution Vacating Alley West of South Main Street between Th & 81h Avenue (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings CITIZEN STATEMENTS Robert Prehn, 1022 Washington Avenue,explained although many had ties to the historic golf course, the City had an opportunity to convert 70%of the land into a park that would be accessible to the entire community while keeping the headquarters of Oshkosh PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Corporation local. He stated in its present condition the golf course was not a park as it was off-limits to a significant amount of people who did not play golf, and no trespassing signs indicated entry was not permissible unless green-fees were paid. He explained retaining Oshkosh Corporation was vital to the community and would have significant economic impact. He urged Council to do all they could to keep Oshkosh Corporation's headquarters in the City. Diane Penzenstadler, 1123 Buchanan Avenue, stated as a golfer she understood there were a number of courses located in the area, which was one of the reasons she was in support of selling a portion of Lakeshore Municipal Golf Course. She explained while she loved golf, she believed it was more important to focus on the greater good of the community through keeping Oshkosh Corporation's headquarters in the City. She stated she was aware of the negative impacts that occur when a big corporation leaves and was concerned about what would happen should Oshkosh Corporation leave. She explained she understood there were some in the community who were opposed to the sale of the golf course, she believed there was a larger group who was excited about opening up the area for more public use. She stated there were numerous benefits to selling the course, including additional jobs, a positive impact on the housing market and more green space. She explained the community had elected Council to make these types of decisions and a referendum was not necessary. She urged Council to make a decision in the best interest of the entire community by working hard to keep Oshkosh Corporation. Colleen Stadler, 1736 Sanders Street, stated she had received a violation for having brush in her yard. She explained although she would pay the fine, she would like Ordinance 17-36B changed, as citizens were not notified and did not have an opportunity to correct prior to receiving a fine. She stated her neighborhood was being targeted by a disgruntled former City employee. She questioned what course of action she should take to get the ordinance changed. She stated she believed the citizens should receive notification and have an opportunity to correct when they were in violation of an ordinance, as many were not aware of each ordinance. Council Member Panske questioned if that would be something Ms. Lorenson would review. Ms. Lorenson explained it was a policy decision up to Council, and if Council provided direction she would review the ordinance. Mayor Cummings stated he believed it should be reviewed. 2 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Council Member Herman explained she had not received a fine; the $20 charge was an administrative fee that was requested by City staff due to the time it takes when a citizen files a complaint or City staff notices a concern. He stated City staff needed to go to the site and take pictures as well as draft the letter informing the citizen of the violation. He explained she had not received a citation, which would have been approximately $150. He stated the $20 covered the time that City staff took to investigate the complaint. He explained while he agreed the ordinance could be reviewed, she had received a warning. Ms. Stadler stated she would like the ordinance changed to provide notice to citizens without a fee. She explained there was a member of her neighborhood that used to work for the City and was familiar with the ordinances who liked to target neighbors. Council Member Herman stated they would review the ordinance. Council Member Allison-Aasby apologized for not responding to Ms. Stadler's original email as it had been missed due to receiving a high volume of emails regarding other current City hot topics. Ms. Stadler explained she had been looking for direction and knew for the future not to include all of Council on emails. Council Member Allison-Aasby stated she was able to do so. Council Member Panske explained she believed Ms. Stadler had been provided a copy of the municipal code and an appeals form that would allow her to appeal the service fee. Ms. Stadler stated she had received a section of the code and was not sure how to complete the form. Council Member Panske questioned if she had someone in City Hall that she was working with. Ms. Stadler stated John Zarate, Chief Building Official, had been providing assistance to her through email. She explained she had asked for a copy of the procedure for complaints, and had been told it was up to the discretion of the inspectors. She stated she believed there should be a procedure. Mr. Rohloff stated Allen Davis,Director of Community Development,would be available to have a discussion with Ms. Stadler after the meeting regarding the administrative 3 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 portion of the concern. He explained Council would be able to review the ordinance from a policy perspective. Tom Castle, 2247 Ryff Road, stated he was present to discuss the City's relationship with the community. He explained Oshkosh Corporation was one of the City's customers, as was each of the citizens and businesses. He stated Oshkosh Corporation was seeking a piece of property and while he understood how emotional the topic was for many people it was ultimately an economic decision. He encouraged Council to explore each opportunity to give Oshkosh Corporation what they need to stay in the community. Clyde Williams, 619 W. 111h Avenue, stated he had received a code violation and had been receiving them for multiple reasons recently. He explained last year he spent $4,000 for a new gutter system for his house and a City inspector had noted that the drain by the front of the house was not correct. He stated because he had not corrected the drain fast enough he received a$50 fine. He explained he had been trying to sell a couple boats and had received a citation due to the boats not being stored in a correct location on his property. He stated his driveway was gravel and he had been parking his vehicles on the space. He explained he had been told because the gravel was not zoned as his driveway he was unable to park there. He explained the zoning department had informed him he would be unable to do so because of the gravel, it would need to be black top or concrete. He stated he had been told the gravel was not allowed as it may get into the street. He explained there were a number of dump trucks that travelled his road, leaving debris, and did not believe his small amount of gravel would cause a problem. He requested the City consider zoning his driveway without the black top or concrete being completed as he lived on a limited income. Mr. Rohloff recommended Mr. Williams contact Todd Muehrer, the City's zoning administrator. Mr. Williams stated he had contacted Mr. Meuhrer and had been told he needed to install black top or concrete in order to have it zoned as a driveway. He explained his driveway had been in its present condition for 20 years and had not caused any problems. He stated he did not have extra income to spend on replacing the gravel or the fines he continued to receive for moving items around in his driveway. Mr. Rohloff stated Mr. Williams would also be able to contact Allen Davis, Director of Community Development, or his office to discuss what his options were. He explained zoning variances were not approved by Council; they were approved by the zoning board of appeals. 4 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Council Member Herman explained the zoning code had been recently approved by Council. He stated if the code required Mr. Willaims to black top the gravel, that was likely the action he would need to take. Mr. Williams stated he already had a gravel driveway. Council Member Herman stated he understood that, however, code did not vary from house to house, it was community wide. He explained Mr. Williams was able to appear before the board of appeals to see if they would grant a variance. Mr. Williams stated he believed the driveway should be 'grandfathered' in as it existed prior to the code updates. Council Member Herman stated that would be a request he would have to make to the board of appeals as City staff was required to follow the code. Mayor Cummings suggested Mr. Williams speak with Mr. Davis as it was not an issue that Council would be able to resolve. Mr. Williams stated he believed Oshkosh was headed in the right direction and appreciated all the improvements that had been done throughout the City. John Casper, 120 Jackson Street, explained he was present to speak on behalf of the Oshkosh Chamber, a business association that represented approximately 1,000 members in Oshkosh. He stated the chamber strongly supported the proposal that would retain Oshkosh Corporation in the community, as the City was fortunate to be home to a Fortune 500 company. He explained they were an economic engine for the community that provided good paying jobs, a business base for a significant local supply chain and brought global distinction to the region. He stated the City was competing with at least four other communities and consequently needed to be bold and competitive. He explained the loss of Oshkosh Corporation would be a blow that would be felt for decades. He stated Council needed to put forward an aggressive proposal to which Oshkosh Corporation could not say no, as now was the time for the community to work together to secure the future of the City. Stephanie Carlin, 2803 Stoney Beach Street, explained she had provided Council with a copy of a presentation that had been given to the members of the board of education. She stated the board of education would meet the following evening to vote on a resolution to support Oshkosh Corporation and the partnerships it has with the Oshkosh Area School District. She stated as an elected official, it was her job to do what was best for the 5 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 students, and keeping Oshkosh Corporation in the City was best. She explained Oshkosh Corporation supplied talented individuals to come to the classrooms to speak about careers in engineering and manufacturing. She stated they provided volunteers to assist students during STEM nights as well as serve as mentors for young engineers and allow them to participate in job shadow days. She explained the 'people first' culture of Oshkosh Corporation extended into the community. She stated the company also provided the school district with significant resources and funding. She explained the charitable donations from Oshkosh Corporation directly impacted students. She stated much of what the company did for the community went unnoticed, largely due to their modest corporate culture. She implored the Council to invest in Oshkosh Corporation by providing them a world-class headquarters site. She stated the children, the community and the future of Oshkosh would benefit. Ken Arneson, 1230 Welshhaven Drive, stated he was the president of Evergreen Retirement Community as well as a partner in a small business in Oshkosh. He explained it was not correct to believe that a corporation would stay simply due to a name or history. He stated Fond du Lac had nearly lost Mercury Marine. He explained the City was not in a position to have an organization such as Oshkosh Corporation leave the community. He stated the decision made by Council would affect many other businesses. He explained the project had the potential to spur significant growth in an area that had been deteriorating. He stated he appreciated Council taking the time to listen to different viewpoints, however, he believed it was now time for Council to take action and make a competitive offer that no other community would match. He explained in making such an offer, it would also extend a message to other organizations and citizens that Council was committed to both the present state of the community and a long term prosperity. Mark Lasky, 3190 Old Orchard Lane, stated he had grown up in Oshkosh and after returning as an adult was excited to see the progress the City had made. He believed one of the biggest disadvantages in Oshkosh was that the community suffered from low self- esteem. He stated the City had a lot to offer including the state's third largest university, a Fortune 500 company as well as beautiful waterways. He explained he had personal experience with the Oshkosh Corporation executives and had witnessed their dedication to the community. He stated he believed Oshkosh Corporation wanted to be here, and the City needed to make sure they remained here. He explained he believed the City needed to grant the corporation the land, provide them the infrastructure and create a TIF as part of the proposal if necessary. He stated the community would benefit. Bill Wyman, 1372 Waugoo Avenue, stated the opportunity to host the headquarters of a Fortune 500 company was not one the City could miss. He explained Council was faced 6 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 with an important decision and would need to take risks to achieve goals. He requested Council do everything possible to retain Oshkosh Corporation. CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Common Council Minutes from September 26, 2017 Receipt & Filing of Oshkosh Public Museum Board Minutes from September 7, 2017 Receipt of Claims filed with the City's Insurance Company: A) Susan Vander Grinten for alleged damages due to a fall on a City street Resolution 17-505 Approve Amendment #1 to Professional Service Agreement with AECOM for Construction & Environmental Oversight; Jeld-Wen Riverwalk West of Oregon Street ($164,250.00) Mayor Cummings asked for the explanation of the word 'oversight' in relation to the resolution. Mr. Rabe explained the term 'oversight' was used to describe watching over the construction contractor. He stated AECOM would function as the City's agent to make sure that the work that the contractor performed was in compliance with the specifications and plans. He explained the City did not have adequate staff to supervise the construction and completion of the project. Mayor Cummings stated he understood they would act as a project manager. He requested the word not be used in the future and additional descriptions be provided to explain what was happening. Mr. Rabe indicated he had worked with AECOM and requested they revise their verbiage. Council Member Herman stated he had noticed that the City had been using AECOM for a number of projects. He questioned when the City last bid out to companies who provided similar types of services. Mr. Rabe stated he was not certain. 7 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Council Member Herman stated the reason he had brought it up was several Council Members had attended a conference for the Wisconsin League of Municipalities, and there were at least 5 similar companies present. He explained he believed it was time to do a competitive bid or put together a request for proposal. Resolution 17-506 Approve Revised Conditions of Specific Implementation Plan for a Vehicle Charging Station at 2415 Westowne Avenue (Plan Commission Recommends Approval) Resolution 17-507 Approve Conditional Use Permit to Establish an Outdoor Storage Use at 1850 W. Fernau Avenue (Plan Commission Recommends Approval) Resolution 17-508 Approve Conditional Use Permit for a Freight Terminal Development at 3010 Bradley Street (Plan Commission Recommends Approval) Council Member Herman questioned if there had been any City staff discussion about moving Bradley Street up in the CIP. He stated he was concerned that if the street was already in poor condition that the additional semi traffic may exacerbate conditions. Mr. Rabe stated he would need to work with City staff to evaluate the needs of the street. He stated there may be project funding that could be allocated. Council Member Herman stated they had heard from several community members how important businesses were to the community, and the transport company was a new business that would benefit from roads that could support their load. Resolution 17-509 Approve Phase II of 2017 Great Neighborhoods Capital Improvement Program Funding in the Amount of$7,000.00 Carmella Uptagraft, 75 Farmstead Lane, stated she was part of the North Park Neighborhood Association, which had been in existence for approximately a year. She explained they had embraced the idea of greater neighborhoods and had taken advantage of everything the City had to offer to improve the neighborhood. She stated they were utilizing grant funds to add landscaping to the median entrance that the neighbors would maintain, as well as blacktopping a section of path that leads from the neighborhood to the County Park. 8 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Council Member Herman questioned if Winnebago County had been made aware that if approved by Council, the path leading to the park would be black topped. Steven Wiley, Assistant Planner, stated they had been in contact with County Park staff, who approved of the project. Council Member Herman stated he had several citizens question how neighborhoods were notified that a neighborhood association had been formed. Mr. Wiley explained letters were mailed to the neighborhood body. Council Member Herman stated he supported these types of projects and believe the work that planning and the neighborhood associations had done improved the quality of the neighborhoods. Resolution 17-510 Award Bid to Capelle Bros. & Diedrich Inc. for Cladding Rehabilitation for the Oshkosh Public Library ($103,339.00) Resolution 17-511 Award Bid to Sherwin Industries Inc. for Ride-On Scarifier for the Sign Division ($21,964.00) Resolution 17-512 Reassign Polling Site for Districts 5, 6, 8 & 10 Resolution 17-513 Approve Special Event — Faith Christian Center to utilize Melvin Street during their Fall Family Harvest Party held at Faith Christian Center/October 31, 2017 Resolution 17-514 Approve Special Event — UW Oshkosh Veterans Association to utilize City streets for their March for the 22 Event / November 9, 2017 Resolution 17-515 Approve Special Event —Downtown Oshkosh Business Improvement District to utilize Opera House Square & City streets for the Downtown Oshkosh Whoville Holiday event/November 18, 2017 Resolution 17-516 Approve Special Event—Friends of the Oshkosh Parks, Inc. to utilize Menominee Park for the Celebration of Lights / November 24 through December 31, 2017 9 PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 24, 2017 Resolution 17-517 Approve Special Event — Special Olympics Wisconsin to utilize Millers Bay at Menominee Park& City streets for the Polar Plunge & Freezin' for a Reason 5K/February 16-17, 2018 Resolution 17-518 Approve Special Event — Run Away Events to utilize Menominee Park&City streets for the Run Away to the Bay event/April 21,2018 Resolution 17-519 Approve Special Event — Digital Documents LLC, dba L&K Productions to utilize Opera House Square & Market Street for Square Fare / June 16, July 21, August 18, September 15 & October 20, 2018 Resolution 17-520 Approve Special Event — Great Lakes Timber Professionals Association to hold the Great Lakes Logging & Heavy Equipment Expo at Sunnyview Exposition Center/ September 6-8, 2018 Resolution 17-521 Approve Class "B" Fermented Malt License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-522 Approve Intermediate Attachment of Properties from Town of Algoma Effective March 1, 2018 per Approved Cooperative Plan Zone B Generally Located North of State Road 91, West of USH 41, South of State Road 21 MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Ordinance 17-523 Approve Zone change from SMU Suburban Mixed Use District to SMU-PD Suburban Mixed Use District with Planned Development Overlay located at 3001 S. Washburn Street (Plan Commission Recommends Approval) 10 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Ordinance 17-524 Amend Parks Ordinance Pertaining to Fishing along the south side of the Fox River Riverwalk (Advisory Parks Board Recommends Approval) (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Mayor Cummings asked for an explanation of the boundaries. Council Member Herman presented a slide that illustrated the locations where public fishing was prohibited along the river walk. He explained the section had never been open to public fishing and the owners of the Morgan District had requested to retain the right of no fishing in the location so future developments would not be impacted. He stated the parks board was in favor of the ordinance. Council Member Panske questioned if it was an item that could be changed in the future if the land use agreements were to change. Council Member Herman stated that it could. Ordinance 17-525 Modify Parking Regulations on Leeward Court West,North Westfield Street&West 6th Avenue FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-526 Cancel December 26, 2017 Council Meeting FIRST READING; LAID OVER UNDER THE RULES 11 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Resolution 17-527 Approve River East Neighborhood Plan (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Council Member Pech stated he was pleased that the neighborhood associations continued to grow, expand and do great things for the City. Resolution 17-528 Approve Miller's Bay Neighborhood Streetscape Vision Plan (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Pech) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Council Member Herman explained that the plan identified various activities that may involve future allocations of healthy neighborhood funds or Community Development Block Grant (CDBG) funds. He stated there were several ways the City funded the projects and the plan gave the neighborhood a vision to work towards. Resolution 17-529 Approve Amendment to Tax Incremental District No. 31 Development Agreement & Ground Lease Agreement with Fox Valley Pro Basketball, Inc. MOTION: ADOPT (Pech; second, Krause) CARRIED: Ayes (5) Panske, Krause, Pech, Herman, Mayor Cummings Present (1) Allison-Aasby Greg Pierce, 115 Westwind Drive, Neenah, explained when they had first started the arena project, it was clear that it could not happen without City involvement. He stated the TIF had made it possible to remediate and build on the former Buckstaff property. He explained the amendment would change the language to allow for a special assessment and reduced the timeframe it would take to pay back the TIF. He stated the interest savings in reducing the timeframe by 7 years was substantial. Council Member Pech stated he believed Mr. Pierce explained the amendment well and asked if Mr. Rohloff had anything to add. 12 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Mr. Rohloff explained the timeline on the project had been tight. He stated through the TIF, the City was assisting the developers in bringing the property up to the standard of other properties elsewhere in the City. He explained the TIF did not fund any portion of the building, it assisted in getting the property to a buildable state. He stated without the TIF funds, the developer would have extraordinary costs that would make the project cost prohibitive. Council Member Pech asked Mr. Rohloff to clarify that the City was not paying for the building. Mr. Rohloff stated there had been talk in the community that the City was paying for the arena building which was not the case. He explained due to the short timeframe of the project, the initial numbers had been fluid. Council Member Pech stated he understood the naming rights that were recently announced helped with the cost of the arena building, not with the cost of the infrastructure. Mr. Rohloff explained naming rights were typically used to help with operational costs. Council Member Pech stated he had been questioned on why the arena would need additional funding after they had signed the naming rights agreement. Mr. Pierce explained an arena was paid for by marketing and selling space; the naming rights was only one component to be used for operational costs and selling advertising. Council Member Allison-Aasby stated she would vote present as she had a business relationship with the president of Fox Valley Professional Basketball. Council Member Herman questioned what some of the items were that had added additional costs to the project. Mr. Rabe stated he was not aware of the site conditions and therefore unsure of what those items were. Council Member Herman questioned if there was a member of City staff that could provide that answer. He stated he would like the citizens to know what had been found that resulted in the change to the TIF. 13 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Allen Davis, Director of Community Development, explained there was poor soil in the area and despite soil testing it was impossible to know the exact condition of the ground until digging began. Council Member Herman questioned if the size of the water main on 141h Avenue was related to the concern with the railroad. Mr. Rabe explained the water main was not an arena related cost, it was a water utility cost. Council Member Herman asked for an explanation of how the 'pay-go' TIF worked for the City and the developer. Mr. Rohloff stated with a'pay-go' the developer fronted the cost of the project instead of the City. He explained Fox Valley Professional Basketball was fronting the cost of everything on the site as well as a portion of public improvements. He stated as tax increment was generated, it would be used to pay off the money that had been fronted. He explained the City assumed much less risk. Council Member Herman stated Council had received numerous negative emails related to the arena project and wanted to make sure the public understood the details. He explained the arena would be an asset to the community. He stated he believed the Menominee Tribe would bring value to the community through the naming rights agreement and understood there would be a museum at the arena with their artifacts. Resolution 17-530 Approve Specific Implementation Plan for Planned Development of an Electronic Message Center at 3001 South Washburn Street (Plan Commission Recommends Approval) MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Resolution 17-531 Amend 2017 Capital Improvement Program — Purchase of Conical Section for Centrifuge No. 1 ($50,000.00) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings 14 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Resolution 17-532 Approve Purchase of Conical Section for Centrifuge No. 1 from Alfa Laval, Inc. ($43,586.94) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Resolution 17-533 Award Bid for Public Works Contract No. 17-03 to Miron Construction Co., Inc. for Mary Jewell Lift Station & Park Shelter ($2,981,403.60) MOTION: ADOPT (Pech; second, Herman) CARRIED: Ayes (5) Krause, Pech, Allison-Aasby, Herman, Mayor Cummings Noe (1) Panske Council Member Herman asked for an explanation of the lift station. Steve Gohde, Assistant Director of Public Works, explained the new lift station was intended to replace the small lift station that was located on the corner of Punhoqua Drive. He stated the need for the lift station had been driven by the Sawyer Creek dredging project. He explained a syphon had been installed after a dam was discovered within the Sawyer Creek water system, and it was not doing an adequate job of preventing backups. Council Member Herman questioned if the project would impact the potential future infrastructure of Oshkosh Corporation. Mr. Gohde stated he would anticipate that area would be drained via gravity to a sanitary sewer system at the intersection of Westfield Street and Oshkosh Avenue. Council Member Allison-Aasby clarified that the City was not building a $2.9 bathroom. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the budget workshops on October 301h and 31s' from 8:00 a.m. until 5:00 p.m. Mr. Rohloff explained City staff would be prepared to talk about their budget requests and any reductions Council requested. 15 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Council Member Pech indicated he may be absent for a portion of the workshops due to his job. Mr. Rohloff explained Council had requested that a survey of City committee/board members, Council and City staff be completed to determine interest in the various options that had been presented to Council. He stated the results had been included in the Council packets. He explained there had been interest in consolidating the parking utility and the traffic review advisory boards. He stated there was also interest in folding the Grand Opera House advisory board into the landmarks commission. He explained he believed it would make sense to fold the equal housing opportunity commission into the rental housing committee. He stated the rental housing committee had generated a lot of interest in the community and there was ongoing activity, while the equal housing opportunity commission had not held a meeting in 15 years. He explained there had not been much interest in removing Council liaisons. He stated there had been positive response related to making the long range finance committee an ad-hoc committee, aside from Council's response. He explained in terms of changing membership criteria for local option committees by allowing non-resident participation, there had been moderate support. Council Member Herman asked what City staff would like from Council. Mr. Rohloff recommended the Council liaison bring the information back to their respective boards/commissions and gather input. Council Member Herman stated it would be beneficial to know how many times each group was not able to establish a quorum and when meetings were cancelled due to lack of subject matter. Mr. Rohloff stated that information had been part of the survey. Council Member Allison-Aasby stated she believed it was a good idea for Council liaisons to go back to their respective boards/commissions for further discussion. She explained while there were some members who had served for long periods of time because they enjoyed participating, there were others who served simply because they did not feel there was anyone else willing to do so. Mr. Rohloff explained he would direct City staff to put the topic on the various board/commission agendas. He stated he believed Council should lead the discussions as it was a policy issue. He requested Council provide him with feedback after the 16 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 discussions, and they would then determine how to move forward. He stated what had been done traditionally was that the group started large, and as terms ended, those individuals were not replaced. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff stated the outstanding issue with the arena project was dealing with the railroad. He explained he had reached out to Congressman Grothman's office as well as Senator Johnson's office to request assistance. He stated the while the water main component was not urgent, the storm sewer concern was. He explained that weather permitting, most of the areas surrounding the arena would be complete; it was the area near 141h Avenue that was delayed. Mr. Rabe stated he had been informed that City staff felt confident that the public infrastructure would be completed on time in the immediate vicinity of the arena. Council Member Pech questioned what the response had been from the representatives Mr. Rohloff had reached out to. Mr. Rohloff explained the response had been positive and they wanted to help. He stated he did not believe they could force the railroad into action, however, he believed they would be able to have an influence. Mr. Rabe stated he had a discussion with a representative from Congressman Grothman's office and learned that they had met with the Canadian National staff in Washington to address concerns. Council Member Pech asked for an explanation of the news coverage on the issue. 17 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 Mr. Rabe stated a reporter from a Green Bay news station had reached out to the City Manager's office and had later visited City Hall to ask questions. Council Member Herman explained at the Wisconsin League of Municipalities conference there had been a break out session regarding railroads, and the session had been full; numerous municipalities were having issues, specifically with Canadian National Railroad. He stated it had been brought to his attention that the railroad did not like when resolutions were drafted, as it pushed them towards action. He explained he believed Council should draft a resolution asking the railroad to work with the public works department to complete the project. He stated he believed flooding was the primary concern. Mr. Rohloff stated he would discuss preparing a resolution with City staff. Council Member Pech questioned if the potential flooding could impact the railroad's crossing. Mr. Rabe stated yes; he explained although City staff had brought that to their attention, the response from the railroad had not improved. Mr. Rohloff stated the City had worked with Wisconsin and Southern Railroad for the transload site and they had been cooperative. He explained the collection office had historically opened at 7:30 a.m. to accommodate building inspections, however, payments could now be made in the inspections office via credit card and the number of individuals using the collections office between 7:30 a.m. and 8:00 a.m. was low. He stated the collection office hours would be changed to 8:00 a.m. to 4:30 p.m.,which would allow for better coverage during the day, beginning Monday, October 301H MOTION: THE COUNCIL MAY CONVENE INTO CLOSED SESSION PURSUANT TO SECTION 19.85(1)(E) OF THE WISCONSIN STATE STATUTES TO DISCUSS BARGAINING OPTIONS, STRATEGY, PARAMETERS AND TERMS RELATED TO THE NEGOTIATION OF POSSIBLE AGREEMENT FOR THE REDEVELOPMENT OF LAKESHORE MUNICIPAL GOLF COURSE, WHERE COMPETITIVE BARGAINING REASONS REQUIRED A CLOSED SESSION (Herman; second, Pech). CARRIED: (6) Panske, Krause, Pech, Allison-Aasby, Herman, Mayor Cummings 18 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 24, 2017 MOTION: ADJOURN (Allison-Aasby; second, Panske) CARRIED: VOICE VOTE The meeting adjourned at 7:39 p.m. PAMELA R. UBRIG CITY CLERK 19