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HomeMy WebLinkAbout03. Council Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN NOVEMBER 8, 2017 SPECIAL MEETING held Wednesday, November 8, 2017, at 5:30 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Caroline Panske, Jake Krause, Tom Pech, Jr., Lori Palmeri, Deb Allison-Aasby, Steven Herman, and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Resolution 17-534 Approve Proposed Terms & Conditions for the Sale of a Portion of Lakeshore Municipal Golf Course & Development Agreement with Oshkosh Corporation for a New Global Headquarters MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Panske, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Present (1) Krause Mr. Davis explained the proposed sale would be to Oshkosh Corporation for their corporate headquarters and contain approximately 35 acres of land, depending on the final design and surveys. He stated the price would be$100,000 per acre and the rezoning for a global headquarters with a planned development overlay would be completed by the plan commission and Council in the future. He explained the proposal would include the demolition and removal of the clubhouse and an updated concept plan based on input from the past 6 weeks. He stated the concept plan included the global headquarters campus of an approximately 160,000 square foot building on the 35 acres and public space for the remaining 65 acres for which the use and improvements had yet to be determined. He explained the river walk would extend from Rainbow Park along the river to the Tribal Heritage Trail and there would be private commercial land use along the north side of the Oshkosh Avenue frontage. He stated there would be an extension of N. Koeller Street and N. Westfield Street north to a new intersection along with regional PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 stormwater management. He explained tax increment finance (TIF) incentives for the district would include a 20 year TIF district beginning in 2018 with a pay-go TIF determined by property value created by Oshkosh Corporation. He stated a minimum $18,532,000 if taxable value would be created. He explained there would be a pay-go development grant of$500,000 for 12 years, totaling $6 million from 2020 until 2031. He stated the pay-go incentive payment would be determined by future tax increment exceeding $500,000 from 2020 until TIF district termination. He explained the total Oshkosh Corporation investment could reach $50 million. He stated a traffic impact analysis would be completed for Oshkosh Avenue. He explained the Westfield Street extension would include traffic signals, turn lanes, 40' road with two 11' driving lanes, two 5' bike lanes, 8' parking on one side, sanitary sewer, water main, storm sewer and street lights. He stated the Koeller Street extension would include round-about modifications, 40' road with two 11' driving lanes, two 5' bike lanes, 8' parking on one side,water main loop, storm sewer and street lights. He explained the reginal stormwater management facilities would be built and maintained by the City. He stated the public infrastructure and site preparation would total approximately $7,225,700. He explained City staff had identified 6 sources of funding for the public infrastructure including the economic development revolving loan fund, grants, proceeds from land sale, deferred capital projects, project savings from prior capital projects and 2018 general obligation borrowing. He presented the projected timeline with an estimate of construction being complete in December of 2019. Jason White, CEO of Greater Oshkosh Economic Development Corporation (GO-EDC) thanked City staff and Council for their work in preparing the proposal for Oshkosh Corporation. He thanked Oshkosh Corporation for their patience, commitment and support of the community. He stated Oshkosh Corporation had many offers from other municipalities attempting to bring the project to their own communities, however, prior to providing the recommendation to their board, they wanted to make sure their home community had every opportunity to submit a proposal and compete for the headquarters campus. He explained Oshkosh was taking steps towards ensuring economic growth and prosperity, recreational opportunities and enhanced quality of life for all citizens. Scott Sitter, 5970 E. Island Drive, CEO Choice Bank, urged Council to vote in favor of the proposed resolutions. He explained Oshkosh Corporation's headquarters would attract the brightest and best talent for their management team. He stated he applauded their senior management for being forward thinking and understanding what was necessary in today's global market place. He explained the City needed to adopt the same forward thinking and make an investment in the community's future. He stated the global headquarters would allow senior management and staff to remain living in the 2 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 community;they were well educated,high character individuals who supported the local economy and helped to make Oshkosh a better place, destination and community. He explained the headquarters would be an attractive site from Interstate 41 and the Butte des Morts bridge, and initiate future development along the Oshkosh Avenue corridor, which would provide additional tax revenue for the community. He stated keeping Oshkosh Corporation in the community would be a tremendous marketing tool. He encouraged Council to show support to a company that had given a great deal to the community. Tom Belter, 2396 Shore Preserve, stated he was the vice chairperson for the Chamber of Commerce economic advisory board. He explained he had also been a commercial banker for a number of years and understood the value in a corporate headquarters. He stated he was an avid biker and trail user, and looked forward to the public improvements that would come with the project. Mike Russell, 1118 Bowen Street, explained the new Oshkosh Corporation headquarters would keep 450 well-paying jobs and the opportunity to add more. He stated the employees supported local businesses, purchased homes in the City and donated their talent and time. He explained Oshkosh Corporation had thousands of clients that visited the City every year. He stated the property that was Lakeshore Golf Course would be open to the whole City,not just a small portion of the population. He explained Oshkosh Corporation would be paying top dollar for the land and had contributed greatly to the community through the Boys and Girls Club, the public school system,YMCA and many other organizations. He stated he appreciated the work City staff had done. Bonnie Parnall, 4397 Waupun Road, stated she appreciated Council taking a forward thinking approach to the City. She explained she was a retired flight attendant and had travelled extensively; when she shared with individuals where she was from, many recognized the community because of Oshkosh Corporation. She stated if Oshkosh Corporation were to leave the community there would be many negative effects, and other businesses may follow. She explained she understood the concern of those who did not want to lose the golf course, however, she believed the greenspace would be enhanced and Oshkosh Avenue would become a thriving and vital part of the community. Linda Jevaltas, 1615 Northpoint Street, stated she was in support of the sale to Oshkosh Corporation, however, wished to address the habitat. She explained she was concerned by the amount of parking spaces proposed at the site as there was a significant presence of wildlife. She stated she would encourage Oshkosh Corporation to construct a parking ramp to allow for additional greenspace. 3 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 Cecilia Harry, 5 Hampton Court, Fond du Lac, explained she represented Envision Greater Fond du Lac, a Chamber of Commerce and economic development focused group for Fond du Lac County. She stated she supported the development of a corporate headquarters for Oshkosh Corporation in Oshkosh as Fond du Lac enjoyed many of the ripple effects from having the large employer located approximately 15 miles from the county line. She explained there were Fond du Lac County residents that worked at Oshkosh Corporation, and many businesses provided goods and services to the employees. She stated the supply chain and industry clusters would be impacted should Oshkosh Corporation leave. She explained she supported the efforts of the Greater Oshkosh Economic Development Corporation and City staff in keeping the existing and future impact of Oshkosh Corporation in Winnebago County. John Casper, 120 Jackson Street, stated he was present to represent the Oshkosh Chamber of Commerce, and supported the sale of Lakeshore Golf Course to Oshkosh Corporation, the redevelopment plan and the infrastructure funding plan. He explained he believed the proposal was essential in securing the future of Oshkosh. He stated he believed the proposal was competitive and aggressive. Wayne Youngwirth, 60 E. Waukau Avenue, stated he had spent 43 years working in the manufacturing sector and had travelled extensively. He commended the Council, City staff, the Chamber of Commerce and the Greater Economic Development Corporation for all the hard work that had been put into the proposal. Rachel Hansen,344 Oak Manor Drive, stated she believed retaining Oshkosh Corporation was directly related to keeping young professionals in the City. She explained Oshkosh Corporation was an employer partner with Propel and contributed a significant number of young professionals to their organization. She stated the young professionals help to keep Oshkosh a thriving and growing community by establishing families, contributing to the housing market, furthering their education and the education of their children, volunteering in the community and donating to local charities. She explained without Oshkosh Corporation, the City may lose a significant amount of young professionals. She stated in the absence of a major recruiter and Fortune 500 company such as Oshkosh Corporation, the City may lose its appeal to attract and retain young professionals. She requested that Council vote in favor of the proposal of the sale of 35 acres of Lakeshore Golf Course to Oshkosh Corporation. Matt Mugerauer, 2321 Golden Avenue, thanked City staff, Mr. Rohloff, Council, Greater Oshkosh Economic Development Corporation and the Chamber of Commerce for the work that was put into the competitive and compelling offer. He encouraged Council to pass the proposal unanimously to show Oshkosh Corporation, the business community 4 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 and the citizens that Council was willing to do what was necessary to provide a prosperous future for Oshkosh. Chanda Anderson, 542 W. 161h Avenue, thanked City staff for recognizing the need to present Oshkosh Corporation with a proposal. She stated there had been significant time and effort spent building and growing Oshkosh. She explained it was important to bring in professional talent to the City. She stated she did have concerns regarding the wildlife, although she believed the remaining acreage should be sufficient. She explained it was important to keep millennials in the community and build the talent pool. Bill Wyman, 1373 Waugoo Avenue, stated he was present to represent the Oshkosh Area Community Foundation. He explained the Community Foundation Board wished to thank Council and City staff for their time and effort. He stated their mission was to build and strengthen communities through leadership, stewardship and collaboration. He explained the Community Foundation would like to continue to partner with the City as the effort to retain Oshkosh Corporation moved forward. Marc Dosogne, 501 E. Parkway, stated he was the CEO of the Boys and Girls Club and believed Oshkosh Corporation did not give itself enough credit for the monetary donations, volunteer work and mentorship that they provided the community. He encouraged Council to support the proposal. John Newman, 1013 Washington Avenue, stated he was the president of Aurora Medical Center. He explained working for a large corporation, he understood the impact that would happen if Oshkosh Corporation were to leave Wisconsin. He stated he was proud of the products that Oshkosh Corporation created that helped save lives. Tom Castle, 945 Anchorage Court, stated his business, Castle Pierce, was not a supplier to Oshkosh Corporation, however, it helped attract talented individuals to the community and in doing so helped other businesses. Bill Miller, 3322 Isaac Lane, thanked Council and City staff for the work done on the proposal. He explained while the 500 corporate jobs were significant, the 3,000 factory worker jobs were also important. He stated the factory workers were an essential part to the community, and retaining the corporate headquarters would help secure their jobs in the future. Council Member Krause stated as an employee of Oshkosh Corporation he would abstain from discussion and vote present. He explained he supported Council and their decision. 5 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 Council Member Pech explained the golf course had historic and sentimental value, to both himself and the community. He stated Oshkosh Corporation had a 100 year history in the City as well. He explained he was comfortable making the necessary tough decisions and would make them with the best interest of the whole community in mind. He stated he would vote in favor of the proposal, due to the impact that it would have on the present and future of Oshkosh. He explained he understood that change was difficult, though it was necessary to progress. Council Member Herman stated when he was elected 8 years ago, he chose to serve the community and do what was best for the City. He explained although he had a passion for Lakeshore Municipal Golf Course, as an elected official, he could not let his heart get in the way of a decision. He stated he had to look at the bigger picture, which was Oshkosh Corporation's headquarters. He explained there would be 70 acres left, and many diagrams proposed a 9 hole golf course on the site. He stated he would vote in favor of the proposal. Mayor Cummings stated at stake this evening was not a golf course or a building. He explained hundreds of jobs were at stake; the financial stability of the City, surrounding communities, citizens and future citizens would be impacted. He stated Oshkosh Corporation was a Fortune 500 company that employed thousands of citizens, directly and indirectly, through its employment and supply chain. He explained it was the largest defense contractor in the state and a leader in the markets it served. He stated over the past decade, the City had changed its image from one of stagnation to a progressive and forward thinking community on the threshold of greatness. He explained having a Fortune 500 company select Oshkosh for its headquarters would send the message to the state and country that Oshkosh was open for business like never before. He thanked the citizens for their support of Oshkosh Corporation, who in turn supported the community and stated he would vote in favor of the proposal. Council Member Palmeri thanked the hundreds of citizens who reached out to Council to express both their concerns and enthusiasm for the proposal. She stated she was inspired by the passion and engagement of those who reached out. She explained after evaluating the complex benefits and costs of the proposal, for both current and future citizens, she would support the proposal recognizing that sacrifices were being made to gain the anticipated benefits. Council Member Panske stated one of the first topics she became passionate about while on Council was the golf course debt. She explained she believed Council, City staff and the community had communicated well about the proposal. She stated she would be 6 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 supporting it, and was proud to do so. She explained there was still work to do in regards to the remaining acreage. Council Member Allison-Aasby explained it had been a complicated topic and thanked the community,both those in support and those against the sale of Lakeshore. She stated after conversations with Council Members, many individuals who had been steadfast in their opinions realized there was more to the story than they initially thought. She explained she was confident that the CEO and executive team at Oshkosh Corporation would like to remain in the community. She stated she understood the need for a corporation of that size to work with a third party for negotiation purposes. She explained incentive packages from other communities were nothing near what the City was proposing to offer Oshkosh Corporation. She stated Oshkosh Corporation consistently remained in the low 300's on the Fortune 500 list and that was not something to be taken lightly. She explained she understood there would be a sacrifice in losing the golf course, although sacrifice was often necessary to grow. She stated she understood Oshkosh Corporation contributed generously to the community, and believed they would continue to do so. She explained they were building a City for the future and supported the proposal. Resolution 17-535 Approve Infrastructure Funding Plan for Oshkosh Corporation Global Headquarters MOTION: ADOPT (Pech; second, Panske) CARRIED: Ayes (6) Panske, Pech, Palmeri, Allison-Aasby, Herman, Mayor Cummings Present (1) Krause Council Member Herman stated he had heard comments in the community that the City was not being frugal in the funding. He explained the City had approached Winnebago County, and they had refused involvement. He stated the City and County of Fond du Lac had demonstrated supported. He encouraged citizens to reach out to Winnebago County. He stated the surrounding townships would benefit while the City focused on economic development. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings stated there would be a commemoration of World War I in song on Sunday November 12th, 3:30 p.m., at the Oshkosh Public Library, under the dome. 7 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 8, 2017 MOTION: ADJOURN (Herman; second, Allison-Aasby) CARRIED: VOICE VOTE The meeting adjourned at 6:31 p.m. PAMELA R. UBRIG CITY CLERK 8 PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN NOVEMBER 14, 2017 REGULAR MEETING held Tuesday, November 14, 2017, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Lori Palmeri, Deb Allison-Aasby, Steven Herman, Caroline Panske, and Mayor Steve Cummings EXCUSED: Council Member Tom Pech, Jr. ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and Allen Davis, Director of Community Development Council Member Krause read the Invocation. The Presentation of Colors was led by Cub Scout Troop 3698. The Pledge of Allegiance was led by Faith Lor from Emmeline Cook Elementary School; and, Sierra Pickart from Oaklawn Elementary School. PRESENTATION John Houseal, Principal, Houseal & Lavigne Associates, presented the downtown master plan called Imagine Oshkosh. A copy of the presentation is filed in the City Clerk's office. Council Member Palmeri questioned if Houseal & Lavigne had reached out to any businesses that had left the area to determine what may have kept them in the City. Mr. Houseal explained they had not surveyed businesses that were not located in Oshkosh. PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Council Member Palmeri stated it appeared there was only about 6 entities listed as potential partners for the implementation plan. She questioned if there was the possibility of additional partners as it was a hefty responsibility for a small group. Mr. Houseal explained they had identified essential entities that needed to be part of the implementation plan, and believed additional partners would be added. Council Member Palmeri stated she had been concerned that it may overstress entities such as the Greater Oshkosh Economic Development Corporation, however, she understood through their networks they may shift and delegate some responsibility. She explained it was noted in the implementation plan that there was inconsistent design that needed to be brought into harmony. She stated she partially agreed with the statement, however, she had visited other communities where the harmony had resulted in a type of'Disneyfication', and questioned how that would be mitigated. Mr. Houseal stated he agreed, and their design guidelines were not created to dictate architecture. He explained they focused on building orientation, a range of materials and being sensitive to historic buildings within a new development. He explained there was enough guidance to provide structure for decision making, though not rigid to prevent an architect from bringing something unique to a project. Council Member Palmeri stated the central City was already one of the most densely populated in the region, and she had concerns that encouraging residential growth could result in over-densification. She questioned how that would be addressed, other than going vertical, which was only appropriate in certain areas. Mr. Houseal stated there would be an equilibrium that would find itself and market would be the driver of that equilibrium. He explained if a large development was built, it would take up significant market absorption for that type of product for several years. He stated other developers then would have to focus on different needs to remain competitive in the market. He explained individuals who lived in a downtown area anticipated a higher density. Council Member Palmeri stated sites 'H' and 'J' within the Imagine Oshkosh plan were concerning as they reminded her of 'super block'. She explained related to pedestrians and walk-ability, it would be difficult to walk through an area such as this, one would need to walk around an entire block to access another side. Mr. Houseal stated they were existing sites that were not that large, and there were efforts to avoid big voids and maintain walk-ability. 2 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Council Member Palmeri stated she had used the wrong term; she meant 'soviet block' and not 'super block'. She explained the design concept seemed institutional. Mr. Houseal explained it had been a volumetric study, not a detailed study like what had been completed for the Sawdust District. He stated the purpose was to demonstrate to the development community what could be developed, based on market realities and available properties. He explained they were not recommended site plans and were viable use concepts. Council Member Palmeri questioned if site 'J' would be a transit oriented design due to the lack of parking. Mr. Houseal explained ground floor parking was included with the building. He stated the designs had market and site plan viability by considering items such as parking. Council Member Palmeri questioned if there may be a perception with site 'J' that public access to the waterfront may be diminished. Mr. Houseal stated that it was possible that would be a perception, however, throughout the plan there was public access to the water front with a trail. PUBLIC HEARINGS 2018 City Budget Ordinance 17-536 Approve Amendment to Comprehensive Land Use Maps Changing the Land Use Designation for Properties Located on the South Side of State Highway 91 between Clairville Road & State Highway 44 from Industrial to Residential (Plan Commission Recommends Approval) Council Member Allison-Aasby questioned if Council would need to wait until the second reading of the ordinance to ask questions or comments. Mr. Rohloff stated there was nothing prohibiting Council from discussion during a first reading. Council Member Allison-Aasby stated she had seen the topic on the plan commission agenda and had watched the meeting. She explained the developer had stated there was 3 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 a need for housing near the companies in the area, especially for those that may have transportation concerns. She stated in theory, she agreed it was a good idea and there was a need in the community. She explained she could understand where it would be helpful in a month to month situation, as the industries in the area often had high turn- over, however, if there were year-long leases she wasn't sure if the development would suit the need. She stated the railroad tracks and transload station were nearby, and she did not believe they were in favor of the development. She explained she understood the plan commission recommended approval, however, she would like to know if it was unanimous approval. She stated with the information she had at the moment she did not believe it was an item she would support. Council Member Herman stated he understood the railroad was not in favor of a having an apartment complex next to their transload station. He explained the site had been moved to the current area due to residents having noise complaints with the railroad. He stated he did not feel the development suited the area and did not believe Oshkosh needed additional apartment complexes. He explained he would not support the development. CITIZEN STATEMENTS Art Rathjen, 2380 Highway 44, on behalf of Greater Oshkosh Economic Development Corporation, invited Council, City staff and members of the community to a presentation on Monday, November 271h from 4:00 p.m. until 7:00 p.m. at the Menominee Nation Arena. Richard Hulbert, 808 Washington Avenue, stated in July of 2000, he entered into a contract to purchase a duplex. He stated he had never requested for his property to be zoned as single family. He explained at the time of purchase, there was no ordinance regarding fees for inspections or zoning. He stated he had the property for sale, and his potential buyer had informed him that the property was listed with the City as a single family residence. He explained he had obtained legal counsel, who after talking with the City, informed him to send in electric bills showing it had been kept separate. He stated he did so and was then informed he needed to pay a$45 inspection fee. He explained he would not have purchased the duplex originally had the current ordinance been in place, and requested the City to honor the original contract that included no inspections and keep the R-2 zoning status. Mr. Rohloff recommended Mr. Hulbert work with Darryn Burich, Planning Services Manager, to resolve the concern. 4 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 CONSENT AGENDA Report of Bills by the Finance Director Receipt & Filing of Oshkosh Museum Board Minutes from October 5, 2017 Receipt & Filing of Common Council Minutes from October 10th, 171h& 241h 2017 Approval of Cash Report from September 2017 Receipt of Claims filed with the City's Insurance Company: A) German Mutual Insurance of behalf of Ron Montgomery for alleged damage to property from a police vehicle Resolution 17-537 Accept Dedication of Street Right of Way; 1212 South Main Street (Plan Commission Recommends Approval; RDA Recommends Approval) Resolution 17-538 Approve Specific Implementation Plan Amendment for Mixed Use Arena/Event Complex; 1212 South Main Street (Plan Commission Recommends Approval) Council Member Palmeri asked for an explanation of the increase in signage allowances related to space modifications. Mr. Davis explained it was based on the applicant's submission of plans, and the uniqueness of the property resonated with the plan commission. He stated there would be restrictions related to the video board and maintaining safety with traffic. Council Member Palmeri stated she understood there had been concerns related to traffic, and questioned if the requirements could be modified in the future. Mr. Davis stated yes, if the signage became a problem related to traffic, it could be addressed in the future. Council Member Palmeri questioned if the 1,582 feet was one sign or a combination of signs. Mr. Davis explained the 1,582 feet was a total of signage for the building fagade. 5 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Resolution 17-539 Approve Specific Implementation Plan for Dog Daycare & Overnight Boarding at 3792 Jackson Street (Plan Commission Recommends Approval) Resolution 17-540 Approve Specific Implementation Plan Amendment for Outdoor Vehicle Storage;3596 Stearns Drive (Plan Commission Recommends Approval) Resolution 17-541 Approve Agreement with Foust Excavating, Inc. for 2017/2018 Snow & Ice Removal Resolution 17-542 Award Bid &Approve 3 Year Agreement with Cintas Fire Protection for Fire Extinguisher Maintenance Services for Various Departments (33,532.35) Resolution 17-543 Approve Change Order #2 for Public Works Contract No. 15-09; Aviation Business Park (+34,875.00) Council Member Herman stated he understood the work was complete and the contract needed to be modified, however, he explained he did not believe any more work should be done in the aviation industrial park until the County held up their end of the deal. Mr. Davis explained the modification to the contract was to allow the Economic Development Administration (EDA) grant to be closed by the end of the year. Council Member Herman questioned if that meant the City was complete with their portion of the project. Mr. Davis stated the City was complete with the EDA funded portion of the project. James Rabe, Director of Public Works, explained a separate water main loop project was underway, although it was not related solely to the aviation business park. Resolution 17-544 Approve Amendment #1 to Professional Service Agreement with Strand Associates, Inc. for Engineering Construction Related Services; Aviation Business Park (+$36,211.00) Resolution 17-545 Strongly Encourage CN Railroad to Cooperate with the City&Allow the Completion of its Critical Stormwater Project at the East 141h Avenue Railroad Crossing 6 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Council Member Panske questioned if a timeframe should be added. Ms. Lorenson stated it was difficult to address a timeframe as even if the City requested a response within a week, if it was not met, there would not be a consequence. She explained City staff would continue to work with the railroad and had engaged outside counsel to explore additional options. Council Member Panske questioned if the topic would be put back on the agenda, dependent on the response, or lack thereof, from the railroad. Mr. Rohloff stated City staff would keep Council updated, as it remained an ongoing concern. Council Member Allison-Aasby stated in her experience working with the railroad while serving on Council had always been difficult and response time was slow. Mr. Rohloff explained Senator Johnson and Congressman Grothman had been responsive and supportive. Resolution 17-546 Remove Sustainability Advisory Board Member Resolution 17-547 Approve Appointment to the Sustainability Advisory Board Resolution 17-548 Disallowance of Claim by Susan Vander Grinten Resolution 17-549 Approve Combination "Class B" License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Herman; second, Allison-Aasby) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 7 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 17-550 Modify Parking Regulations on Leeward Court West,North Westfield Street&West 6th Avenue MOTION: ADOPT (Herman; second, Panske) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Ordinance 17-551 Cancel December 26, 2017 Council Meeting MOTION: ADOPT (Herman; second, Palmeri) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Ordinance 17-552 Amend Chapter 16 Housing Code of the Municipal Code to Create Section 16-33(A)(10) Pertaining to Carbon Monoxide Detectors & Section 16-46(B) Pertaining to Carbon Monoxide Detectors Penalties FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-553 Repeal & Recreate Portions of Chapter 13 Fire Prevention to Adopt Updated Provisions of The International Fire Code (IFC) & Pertaining to the Forfeiture for Smoke Detector / Carbon Monoxide Detector Violations FIRST READING; LAID OVER UNDER THE RULES Ordinance 17-554 Approve Zone Change from I Institutional District to I-PD Institutional District with Planned Development Overlay; 425 Lake Shore Drive — Water Filtration Plant (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Council Member Panske stated an allowance for a barbed-wire fence was included, however, in the plan commission minutes it indicated that Steve Brand, Public Works Utility Manager, stated there was no barbed-wire fence proposed for the project. She 8 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 questioned if the allowance for the barbed-wire fence needed to be removed from the document prior to Council approval at the next Council meeting. Darryn Burich, Planning Services Manager, explained it would be removed. Resolution 17-555 Approve Imagine Oshkosh / A Master Plan for Our Center City & Central City Investment Strategy (Plan Commission Recommends Approval) MOTION: ADOPT (Allison-Aasby; second, Panske) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Council Member Panske stated while the plan itself had no fiscal impact, she believed there had been a cost to having Houseal & Lavigne Associates create the plan. She questioned how much that was. Darryn Burich, Planning Services Manager, stated he believed the original contract had been for approximately$150,000. Council Member Panske questioned now that the plan was nearing implementation,how would City staff go back and check off items that had been accomplished. She stated an example was the public arts & beautification committee had been established based on City staff recommendation. Mr. Burich explained the public arts & beautification committee would be able to help facilitate additional recommendations within the plan. Council Member Panske stated that had just been an example. She explained in going through the plan, it was evident the City was headed in the right direction, and questioned if it needed to be noted in the plan that certain items had already been accomplished. Mr. Burich stated no. He explained in reviewing the implementation plan, there was a staggering amount of work ahead of City staff, and they would need a team created to implement the plan. Council Member Panske questioned what the timeframe would be to evaluate the progress that had been made. 9 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Mr. Burich stated it would be ongoing. Council Member Panske stated Go-Transit was in the process of creating a development plan, and had been exploring accessibility within the City. She questioned if they would have access to the Imagine Oshkosh plan to use as a tool. Mr. Burich stated it would be shared with everyone and could be accessed on the City website. Mr. Rohloff explained as City staff worked on the 2019-2020 plan, the Imagine Oshkosh document would be primary to the discussion. He stated he would recommend setting 2 year goals and adjust as opportunities presented themselves, just as the arena had. Council Member Palmeri questioned if it was in the scope of the contract with Houseal & Lavigne to identify any funding for the implementation of the plan. Mr. Davis stated in general terms, when it came to CIPs, tax increment financing, grant programs or partnerships with investors, it would be a case by case basis. He explained establishing funding was part of any implementation plan. Council Member Palmeri questioned if that meant it was part of the scope of the contract with Houseal & Lavigne. Mr. Davis stated it identified some forms of funding although it was not site specific. He reminded Council that Wisconsin Economic Development Corporation (WEDC) had given the City a $50,000 grant as part of the $150,000 contract cost, and the Community Foundation and Chamber of Commerce had paid for part of it as well. He stated the City had received outside funds for nearly half of the contract cost. Council Member Palmeri questioned who had helped in funding the corridor studies. Mr. Davis stated the Community Foundation and Chamber of Commerce had assisted. Council Member Herman questioned how flexible the City would be with the recommended use of space, for example, if there was a shovel ready project, could it be approved despite not being recommended in the plan. Mr. Davis stated there would be a two-step process, as the plan would need to be amended first. 10 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Council Member Herman questioned if there were projects ready to begin that fit the recommendations. Mr. Davis explained he believed if the City wished to implement the plan, it was important to wait for projects that matched the recommendations. He stated it may be necessary to forgo short term results to achieve the long term goals of the plan. Council Member Herman questioned if the City would send out something similar to a request for proposal, or provide a document to the Greater Oshkosh Economic Development Corporation, the Chamber of Commerce and other organizations that helped spur development. Mr. Davis stated they would. He explained they would work with the Redevelopment Authority (RDA) to create the request for proposal. He stated any incentive package would appear before Council for approval. Council Member Herman questioned if Council would be consulted regarding the request for proposal. He stated he thought it was important to remain flexible in regards to the implementation, as opportunities and possibilities that had not been considered in the past may appear. Mayor Cummings stated he believed the City needed to have higher standards and use the plan as a guide. He explained he believed the City had been guilty of letting any project develop in the past,which resulted in areas that were piecemeal and lacked vision. He stated he believed the City needed to maintain the character of the downtown and adhere to the standards. Resolution 17-556 Approve 2018 Business Improvement District Operating Plan & Budget MOTION: ADOPT (Allison-Aasby; second, Herman) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 11 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Resolution 17-557 Approve Engineering Services Agreement with AECOM Technical Services, Inc. for Construction Monitoring & Documentation Services Related to Construction of Contract No. 17-03 -Mary Jewell Lift Station & Park Shelter ($589,665.00) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (4) Palmeri, Allison-Aasby, Herman, Mayor Cummings Noes (2) Krause, Panske Council Member Herman asked for an explanation of what technical services and construction monitoring meant, as he believed there had been nearly$3 million in change orders related to using AECOM. James Rabe, Director of Public Works, explained the contract would provide full-time, on-site construction observation, review of contractor submittals and functioning as a first point of contact for the contractor. Council Member Herman stated he believed City staff supervised street construction projects and questioned why this would be different. Mr. Rabe explained there was not a City employee capable of completing the inspection and review of HVAC, mechanical, plumbing and additional components of such a facility. He stated City staff was well equipped to manage street projects. Council Member Palmeri stated she had concerns about the inflated price of the contract. She explained she believed the cost warranted a second look, and perhaps the potential for the contract to bid out. Mr. Rohloff explained the project had been designed by AECOM. He stated he understood the concern related to cost, however, the dollar amount as within the range of what was expected when it came to construction monitoring. He explained it was AECOM's design therefore they knew it better than anyone and if there was an issue the engineer on-site would be able to address it immediately. Mr. Rabe stated utilizing the same engineering consultant for design and monitoring was important; if the contractor had questions related to why an item was planned a certain way, the engineer would be able to provide answers and keep the contractor moving. He explained if the contract were to be delayed, it would increase the cost of the project. 12 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Council Member Panske questioned what the breakdown of the total cost was and how the City monitored AECOM's time. Mr. Rabe explained there was an hourly rate for the time AECOM staff was on-site, and if the contractor was not on-site, AECOM would not be either. Council Member Panske questioned how City staff monitored that. Mr. Rabe stated City staff attended weekly progress meetings and maintained regular communication with project managers. He explained City staff took an active role in the background of communication and coordination with AECOM's project management team. Council Member Panske stated Council received a number of amendments to AECOM projects. She questioned if there would be an amendment to the cost in the event that AECOM did not need to be on-site as much as anticipated, or if the individual would need to be paid overtime. Mr. Rabe explained if the cost was lower than the anticipated amount, it would not need to come back to Council for approval, as per the municipal code any construction change order or engineering services agreement would be automatically approved. He stated he estimated less than half of contract change orders appeared before Council as there were that many contracts that came in under budget. Council Member Panske questioned if there was a breakdown of charges when City staff received the cost estimate. Mr. Rabe stated yes. Council Member Panske questioned why Council had not received the breakdown of charges. Mr. Rohloff explained it had not been provided in the past. Council Member Panske stated for that high of a cost, it should be provided to Council. Mr. Rohloff stated he would be happy to add that to the agenda in the future. Council Member Panske explained the information provided was not specific enough; she believed for such a high cost, details needed to be considered. 13 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 Mr. Rohloff explained City staff did review the details, however, if Council would like the information included in future agendas, he would do so. Council Member Panske stated she was struggling to support the resolution. Council Member Palmeri stated she agreed that the scope of work document would be beneficial and should be included in future agendas when a project cost was high. She explained she believed if it made sense to have the same company complete the project design and monitoring, the contract should include both components and be approved at once. Mr. Rabe stated the challenge related to that was until the design was complete, it was difficult to estimate how much time/effort would be required for monitoring the project. Council Member Palmeri questioned if 20% of the cost of the project was an industry standard. Mr. Rabe stated on a complicated project such as this, it was not unusual. Council Member Krause questioned if it was a typical practice in the industry. He explained it appeared that they were charging a significant amount to ensure their job was done correctly, which should be done correctly to begin with. Mr. Rabe stated the design needed to be complete in order to estimate the construction services needs. He explained the estimate was then reviewed by City staff, who then discussed the proposal with the project managers and identified areas where cutbacks could occur. Council Member Krause questioned if the amount before Council was the original amount or if it had been negotiated. Mr. Rabe stated there had not been a substantial change to the original cost. Council Member Allison-Aasby stated she agreed that because AECOM completed the original design they should be contracted for construction monitoring and documentation services. She explained she believed Council had been experiencing a number of concerns with AECOM during the past 12-18 months. She stated she believed Council would like to see services bid out for similar projects next year. She explained 14 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 the costs were substantial and due to the concerns she believed Council owed it to the constituents to determine if AECOM was the best company to utilize. Mayor Cummings stated he believed Council should be notified when items came in under budget. He questioned if City staff was following procedures that were guided by either state statutes or industry practices. Mr. Rabe stated he didn't understand the question. Mayor Cummings explained he meant the way City staff worked to contract with AECOM or bid out other projects. Mr. Rabe stated the scope of work that City staff was expecting of AECOM was an accepted practice. He explained they also adhered to the City municipal code and any applicable state statutes. Mr. Rohloff explained it was recommended to look beyond cost when it came to dealing with professional engineering services. He stated he understood the concerns Council had related to AECOM, and in the event the City was awarded the Oshkosh Corporation headquarters, City staff would seek proposals for the design. He explained the purchasing ordinance required City staff to provide Council with an annual report,which would be provided after the data was compiled. He stated City staff utilized engineering firms that specialized in the unique areas they serviced. Council Member Herman stated he would like to see the breakdown of cost as well. He explained he believed such services should periodically be bid out as there may be other viable companies capable of doing the work. He stated he had planned on voting 'no', although he had decided to support it because of the status of the project and that AECOM was the original designer. Resolution 17-558 Authorize the filing by Go Transit of 2018 FTA&WISDOT Operating & Capital Assistance Grants as well as County Transportation Assistance MOTION: ADOPT (Palmeri; second, Panske) CARRIED: Ayes (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 15 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings reminded Council of the budget workshop scheduled for Wednesday, November 15 at 5:00 p.m. Council Member Allison-Aasby stated she would not be able to attend. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings stated the annual holiday parade would take place on Thursday, November 16th, beginning with a tree lighting at 6:00 p.m. on Main St. 16 PROCEEDINGS OF THE COMMON COUNCIL—NOVEMBER 14, 2017 CITY MANAGER ANNO UNCEMENT AND STATEMENT Mr. Rohloff stated the arena project was moving forward and the first game would occur on December 1St. He explained the public infrastructure was progressing, despite the setback with the railroad. He stated Mr. Davis had provided Council with an update on the TIF policy changes, and stated it would likely be brought before Council for approval after January 1, 2018. 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 AND PARAMETERS RELATED TO THE NEGOTIATION OF COLLECTIVE BARGAINING AGREEMENTS WITH LOCAL NO. 316, I.A.F.F. OSHKOSH FIRE DEPARTMENT CHIEF OFFICERS, OSHKOSH PROFESSIONAL POLICE OFFICERS ASSOCIATION, OSHKOSH POLICE SUPERVISONRS ASSOCIATION AND AFSCME 796 (TRANSIT) WHERE COMPETITIVE BARGAINING REASONS REQUIRE A CLOSED SESSION (Herman; second, Panske). CARRIED: (6) Krause, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings MOTION: ADJOURN (Panske; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:38 p.m. PAMELA R. UBRIG CITY CLERK 17