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HomeMy WebLinkAbout_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 for the cost as it should have been taken care of by the City when they moved the road. PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 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 16 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Resolution 17-497 Amend te &Time fef SpeEi ' Event RedRE)E'�aEtiensLLC 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. 18 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 Council Member Herman questioned how the plan would impact the employees. 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 19 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 explained it had been stated that FEMA rates were widely accepted, which was true, 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. 20 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 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 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 21 PROCEEDINGS OF THE COMMON COUNCIL— OCTOBER 10, 2017 the City that were geared towards that. She stated the City would like to see event 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. 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 27 PROCEEDINGS OF THE COMMON COUNCIL- OCTOBER 10, 2017 28