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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN FEBRUARY 27, 2018 REGULAR MEETING held Tuesday, February 27,2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Jake Krause, Tom Pech, Jr., Lori Palmeri, Deb Allison- Aasby, Steven Herman, Caroline Panske and Mayor Steve Cummings ALSO PRESENT: Mark Rohloff, City Manager; Pamela Ubrig, City Clerk; Lynn Lorenson, City Attorney; and James Rabe, Director of Public Works Council Member Krause read the Invocation. The Pledge of Allegiance was led by Owen Moin from Grace Lutheran School. PRESENTATION Council Member Pech introduced Tony Olson, Oshkosh Firefighter, who organized the Guns 'n Hoses charity hockey game. Mr. Olson described the charity hockey game and encouraged the public to attend on Saturday, March 101h at 3:00 p.m. at the 201h Avenue YMCA. Mr. Rohloff introduced Professor Samantha Larson from UW Oshkosh, who would be conducting the citizen survey in 2018. He introduced Nick Mastronardi, CEO, and Pat Cannon, Advisor, from POLCO, who were present to explain their role in working with Professor Larson on the citizen survey. Professor Larson explained the background of the Oshkosh citizen survey and how 2018 was an ideal time to reflect on strengths and make revisions to improve response rate and outreach to historically underrepresented communities. She explained there would be survey design changes, data collection changes and the partnership with POLCO. She PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 stated UWO would compare the methodology and recommend strategies to improve overall efficiency, engagement and outreach in future years. Mr. Mastronardi stated POLCO was a civic communication platform designed to make it easier for citizens to engage and learn about questions and surveys being asked of them by their local government. He explained the goal was to increase participation and inform the public, resulting in better representation and verifiable data. Mr. Cannon explained he had spent over 30 years as a City administrator and understood the difficulty municipalities encountered with public engagement. He stated the online platform would help save staff time through unifying channels and automated tabulation. Mr. Mastronardi explained the three step POLCO process of posting questions, surveys and background info, sharing through all communication channels, and analyzing the data. He stated respondents were allowed to share one comment applicable to their vote. Council Member Herman questioned if they would be able to narrow the respondent pool for a question to a specific neighborhood. Mr. Mastronardi explained that typically anyone could respond to the question, and the data could be filtered to specific neighborhoods or other demographics. He stated they did have the ability to restrict visibility of questions to specific demographics as well. Mr. Rohloff stated the City had 98 responses to the citizen survey that had been posted on Friday, February 23rd. He stated he believed the responses to the 2018 survey would surpass last years' numbers just on the POLCO app alone. Mayor Cummings stated the past data did not reflect a variety of demographics. Mr. Rohloff explained POLCO and Professor Larson's goal was to increase participation in underrepresented areas. Mr. Mastronardi explained using POLOC to pose questions to the community regularly builds an engaged culture. Council Member Panske asked for an explanation of the field surveys. Professor Larson explained students went out into selected locations based on the skewed results from last year. She stated 62 citizens had completed the survey over the weekend 2 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 and would work at continuing the effort. She explained when the results were provided, it would include details of what had been done differently. Council Member Palmeri questioned if it was possible that they may end up recommending only one methodology for future surveys. Professor Larson stated it was possible. Council Member Palmeri questioned how that would affect the digital divide and the gap in the age groups. Professor Larson stated that would be explained based on the recommendations. Mr. Mastronardi explained in his experience there was often the fear that predominantly younger citizens used the online platform, and they often saw a high response from 50- 60 year olds. He stated it was still difficult to get those under 30 to respond. Mr. Rohloff stated POLCO would attend the State of the City and would encourage those in attendance to download the app. He stated the goal was to have at least 2,000 subscribers. PUBLIC HEARING Resolution 18-87 Approve Final Resolution for Special Assessments — Contract No. 18-05 Paving, Sidewalk, Driveway & Utilities / Second Local Street Concrete Paving Program - Oregon Street (Fox River to West 161h Avenue) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings CITIZEN STATEMENTS Chang Moua, 3928 Brooks Road, explained he was the newly elected president for the Hmong Service Center in Oshkosh. He stated there had been legal trouble with the former president claiming a third term, which had been resolved through the courts. He stated his group was responsible for two events in Winnebago County Park, in May and September. He thanked Council for their time and stated he looked forward to working 3 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 together. Ashlyn Miller, 1351 Cedar Street, stated she would like to propose that a community garden be built on a portion of the remaining 70 acres of the former Lakeshore Municipal Golf Course site. She explained the area would be a pesticide/chemical free area to grow produce and flowers. She stated she believed it would be a benefit to the community. CONSENT AGENDA Report of Bills by the Finance Director Council Member Herman stated there were a number of bills for $1,500 made out to citizens. He stated the payments were reimbursements for citizens who participated in the lead pipe program. Mr. Rabe stated that was correct; the repayment came from the lead private water service replacement program through the funding that the City had received from the Wisconsin Department of Natural Resources (WDNR). He explained each of the property owners had their private side lead water service replaced and were reimbursed $1,500. Council Member Herman complimented the citizens who took advantage of the program. He questioned if the program was being continued into 2018. Mr. Rabe stated yes. Receipt & Filing of Common Council Minutes from February 13, 2018 Resolution 18-88 Amend Resolution No. 18-33 Initial Resolution for Special Assessments — Contract No. 18-04 Paving, Sidewalk, Driveway & Utilities /First Local Street Concrete Paving Program A) Court Street (Fox River to Washington Avenue) B) Otter Avenue (State Street to Railroad Tracks) C) Washington Avenue (North Main Street to Broad Street) D) Osceola Street (Pearl Avenue to 115' Southwest of High Avenue) E) Jefferson Street (Washington Avenue to 230' north of Washington Avenue) F) State Street (Otter Avenue to Washington Avenue) 4 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Resolution 18-89 Award Bid for Public Works Contract No. 18-05 to PTS Contractors, Inc. for Paving, Sidewalk, Driveway& Utilities/Second Local Street Concrete Paving Program ($7,251,553.01) David Landwehr, 550 Monarch Drive, De Pere, stated he worked for a plastic pipe company, and also served on the Brown County Board of Supervisors. He explained he had worked with the City's public works department for a number of years and believed it was a 'class-act' department. He encouraged public officials to have discussions with City engineers about finding a balance between the best high end product and the most economical decision. He stated he understood this particular bid had come in at a number lower than anticipated, and that there may be additional savings. Council Member Palmeri questioned if he was connected with PTS Contractors. Mr. Landwehr stated he was not; he was a manufacturer with Advanced Drainage Systems. He explained PTS was an independently owned contractor out of the Green Bay area. Council Member Palmeri questioned what had prompted him to speak on this item. Mr. Landwehr explained the City had used their projects for a number of years, and this particular project was quite large. He stated there was a potential for the City to choose between two different types of pipe. Council Member Palmeri questioned if he made financial gain from promoting his product. Mr. Landwehr stated he did earn commission. Resolution 18-90 Approve Purchases of Traffic Signal Equipment to TAPCO & Lighting Poles &Fixtures to Enterprise Lighting LTD for the Oregon Street Reconstruction Project No. 18-05 ($168,534.33) Resolution 18-91 Approve Amendment to 2018 BID Operating Plan/2018 Operating Budget Amendment Resolution 18-92 Approve Purchase of 2018 Water Meters & Transmitters to Core & Main for Water Utility Division ($543,990.00) 5 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Resolution 18-93 Approve Purchase of Riverwalk Bollards & Light Poles to Pacific Lighting & Standards Company (PLSC) for Electric Division ($137,670.00) Resolution 18-94 Approve Purchase of 2018 Police Vehicles from Ewald Automotive Group for Police Department ($195,590.00) Resolution 18-95 Accept Donation from the Oshkosh Community Foundation, Amend 2018 Museum Membership Budget & Authorize an Agreement with Heritage Lighting to Relight the Sawyer Home Tiffany Windows Resolution 18-96 Establish Voting Ward 40, District 9 Resolution 18-97 Approve Amended Special Event — Oshkosh Area United Way & UW Oshkosh Student Recreation to utilize City streets for the Shamrock Shuffle 5K Run Walk/March 10, 2018 Resolution 18-98 Approve Special Event — Winnebago Audubon Society & Oshkosh Bird Fest Committee to utilize Menominee Park & Zoo for the Oshkosh Bird Fest/May 5, 2018 Resolution 18-99 Approve Special Event — Oshkosh Seniors Center to utilize the Oshkosh Seniors Center & William Steiger Park boat launch for the Night on the River event/June 20, 2018 Resolution 18-100 Approve Special Event — Vietnam Veterans of America Chapter 437 to utilize City streets for the Oshkosh 41h of July Parade /July 4, 2018 Resolution 18-101 Approve Special Event — Expansion Theory Productions, LLC to utilize Opera House Square, Peabody's Ale House & Twisted Roots parking lots for the Oshkosh Main Street Music Festival/July 25, 26, 27 & 28, 2018 Resolution 18-102 Approve Special Event — Downtown Oshkosh Business Improvement District (BID) to utilize Opera House Square &Market Street for the Chalk Walk/August 4, 2018 6 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Resolution 18-103 Approve Special Event - Wisconsin Alliance of Bass Tournament Anglers (WABTA) to utilize Rainbow Park for the WABTA Championship Tournament/August 24, 25 & 26, 2018 Resolution 18-104 At9t9feve SpeEialEvent gmeng SefViee-C'entef, !HE tei 14041 toe gmeng National Labef Pay Festival at the Winnebate County Community 12afk i Septem bef 4 & 2, 2048 WITHDRAWN BY STAFF Resolution 18-105 Approve Special Event - Badger State Outboard Association to utilize Menominee Park & Millers Bay for the Shake the Lake Hydroplane Races / September 1 & 2, 2018 Resolution 18-106 Approve Special Class "B" Licenses, Operator Licenses & Taxi-Cab Driver License MOTION: ADOPT CONSENT AGENDA EXCLUDING RESOLUTION 18-101 (Pech; second, Herman) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Resolution 18-101 Approve Special Event - Expansion Theory Productions, LLC to utilize Opera House Square, Peabody's Ale House & Twisted Roots parking lots for the Oshkosh Main Street Music Festival/July 25, 26, 27 & 28, 2018 MOTION: ADOPT (Allison-Aasby; second, Panske) MOTION: AMEND TO PLAN FOR BAND LOCATIONS TO BE CLOSER TO MAIN STREET, AWAY FROM RESIDENTIAL (Palmeri; second, Krause) MOTION WTIHDRAWN; SECOND WITHDRAWN. VOTE ON ORIGINAL RESOLUTION: CARRIED: Ayes (5) Pech, Allison-Aasby, Herman, Panske, Mayor Cummings Noes (2) Krause, Palmeri Council Member Palmeri stated it was her understanding the request was for the music to be played for a total of 14 hours on Friday and 9 hours on Saturday. She questioned if the music was amplified outdoors. 7 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Kathy Snell, Special Events Coordinator, explained yes, it was outdoor bands. She stated on Friday, the bands mainly played indoors until later in the afternoon, and would start playing outside after the Farmer's Market on Saturday. Council Member Palmeri stated it appeared the bands would be playing near abutting residential properties. Ms. Snell explained they would play on property located next door to Peabody's and Twisted Roots. Council Member Palmeri questioned if they were made aware during the application process of the City ordinance regarding amplified music. Ms. Snell stated yes; they were aware if any concerns or complaints took place the police department would send an officer to take a decibel level reading. She explained if that reading was over the allowable limit, they would be required to turn the music down. Council Member Palmeri asked for an explanation of how the locations for the band stages had been selected. Ms. Snell stated it was listed on the application that was brought to City staff. Dean Smith, Chief of Police, explained if a decibel reading revealed the music was too loud they would be asked to turn it down. He stated if they were called back to the location and the decibel reading remained too high, they would likely be issued an ordinance violation ticket. Council Member Palmeri stated she had taken calls regarding band noise, specifically bass, and believed that the location of the bands may make a difference. She explained if it was a 'Main Street' music festival, she believed the bands should be located more on Main Street. She questioned if there could be some rearranging of locations to mitigate the noise to the residential neighborhoods. Council Member Pech stated the stage at Peabody's was at the back end of the parking lot, facing to the west, directly across the street from another parking lot. He explained he believed last year the stage also had a shell set up on the back to focus the sound towards Main Street. Council Member Krause questioned if it would be possible for the event holders to relocate their stages at this point. 8 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Ms. Snell explained it was set up so the band was located at the back of the lot, and attendees would enter the beer garden area and stay there; they would not need to go past the stage to get to an area to watch the band. She stated it may create a shift in their set up and how people entered the beer garden, creating a potential hazard walking past the band equipment and wiring. Council Member Panske questioned why the map was dated 2015. Ms. Snell indicated they reused the same map from previous years as it was the same setup. Council Member Panske questioned if they had any updated information as Folklore was no longer in existence and other pieces of information were outdated. Ms. Snell stated the setup would be the same, and it was possible that google maps had not been updated showing the change in Folklore. Council Member Panske questioned if applicants were required to have up to date information on their applications. Ms. Snell stated she thoroughly reviewed the first two pages of the application, and if they reused the same maps she did not pay as close of attention to the date printed on the map. Council Member Panske questioned if there had been complaints specific to the Main Street music festival in previous years. Chief Smith stated he would need to review records prior to giving an accurate answer. He explained there had been complaints at Peabody's during other times. Council Member Allison-Aasby stated she understood the festival had been going on for several years, and she did not recall any specific phone calls or emails about the noise or set up. Council Member Pech stated he worked across the street from the festival, and the reason the band was located in the Peabody's parking lot was to prevent the crowd from congregating on the sidewalk. He explained the layout had been the same for the past several years and he did not recall receiving any complaints. Council Member Palmeri stated she had received a number of calls from a resident 9 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 located directly behind the stage, and had residents of the Middle Village neighborhood make complaints to her in person. Council Member Pech questioned how much closer to Main Street the stages would need to be moved. Mayor Cummings stated as he recalled, the spaces were fairly confined; there was not much room to move the stage. Council Member Palmeri stated their stage could move the length of the parking lot at the Twisted Roots location, and move forward at the Peabody's location. She explained although the special events were wonderful for bringing people downtown, they needed to consider where certain aspects of the special events were located in relation to the residential neighborhoods. Council Member Allison-Aasby stated the event was not until July, and questioned if Council Member Palmeri would prefer to reach out to the event organizers in the near future, to discuss changing the plans, as opposed to Council making the decision, which she did not feel was appropriate. Council Member Palmeri stated she would rather withdraw her motion to amend and see what the result of the vote on the original resolution was. ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-107 Approve Request to Attach to the City from Town of Algoma/ Pickart Attachment; 91h Street Road & Clairville Road MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Ordinance 18-108 Amend Chapter 2 of the City Municipal Code to combine the Traffic Review Advisory Board & Parking Utility Commission into a Single Traffic & Parking Advisory Board MOTION: ADOPT (Panske; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 10 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Ordinance 18-109 Prohibiting Sexting by Juveniles FIRST READING; LAID OVER UNDER THE RULES Dean Smith, Chief of Police, stated with new technology and social media platforms, the Chiefs of Police within Winnebago County as well as the Sherriff of Winnebago County had noticed an issue where juveniles were making poor decisions by sending elicit photos of themselves to other juveniles. He explained currently when investigating these instances, law enforcement was faced with limited options; charge someone criminally with a misdemeanor, or issue a disorderly conduct for inappropriately using an electronic device or to charge them with a felony for possession and distribution of child pornography. He stated while juveniles were making poor decisions, the repercussions of criminal convictions could be severe. He indicated that the school resource officers had informed the police chiefs that it was a problem throughout the schools, and the solution would be the ordinance. He explained a first time offender would have the option of receiving the ordinance violation ticket or going through a diversion program. He stated it was a multi-jurisdictional effort;every jurisdiction in Winnebago County was bringing forward a similar ordinance to their respective boards and Councils. He explained he believed it would help the children in the community. Council Member Panske stated it was her understanding the participation fee for the diversion program was $100. Chief Smith stated that was correct. Council Member Panske questioned if he had determined if the financial burden would fall onto the parents of the juvenile. Chief Smith stated he did not have an answer for that, as the diversion program would be administered through the county and district attorney's office. He explained it was an upfront fee that would need to be paid prior to entering the program. Council Member Panske questioned if a parent could pay the fee on behalf of their child. Chief Smith stated yes. Council Member Palmeri questioned in terms of the multi-jurisdictional effort, if everyone was in agreement about the cost of the fine. 11 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Chief Smith stated he believed so. He explained the City of Oshkosh completed the original draft of the ordinance and distributed it to the other jurisdictions within the county. He stated if the fine amount was different elsewhere, it was close to the same amount. Council Member Palmeri questioned if there was any quantifiable data in terms of numbers of juveniles engaged in this activity. Chief Smith stated it was difficult to quantify, as officers were trying their best to not charge juveniles with a sex offense, and had been charging them creatively with disorderly conduct. He explained there was no real way to capture the data at this time. He stated they were relying anecdotally on what the school resources officers throughout the county were sharing. Ordinance 18-110 Modify Parking Regulations on Georgia Street(west side from South Park Avenue to Osborn Avenue) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-111 Modify Parking Regulations on West 41h Avenue & Grove Street FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-112 Re-Adopt Municipal Code Book FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-113 Approve Zone Change from Institutional (I)District to Single Family Residential — 5 (SR-5) District; 1650 Villa Park Drive (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES Ordinance 18-114 Approve Zone Change from Central Mixed Use District (CMU) to Central Mixed Use District with Planned Development Overlay (CMU-PD); 566 N. Main Street (Plan Commission Recommends Approval) FIRST READING; LAID OVER UNDER THE RULES 12 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Resolution 18-115 Approve Waiver of Fees for Extraordinary Services for Special Event /Oshkosh Saturday Farmer's Market Inc. MOTION: ADOPT (Herman; second, Pech) MOTION: LAYOVER AND GET CLARIFICATION ON WHAT THE FARMER'S MARKET IS WILLING TO PAY FOR AND REVISE THE WAIVER REQUEST (Herman; second, Panske) CARRIED: Ayes (6) Krause, Pech, Allison-Aasby, Herman, Panske, Mayor Cummings Noes (1) Palmeri Council Member Pech stated he supported the Farmer's Market and while Mr. Rohloff had determined the event met 7 out of 10 of the criteria for having the fee waived, he believed it only met 6. He explained Council had historically not waived fees, despite being approached by multiple organizations. He stated while Council had the ability to waive the fee, he would not support the fee waiver at this time. He explained although he supported the Farmer's Market, he believed a fee of approximately$9,000 for an event with 140 vendors each week over nearly 20 weeks was an absorbable cost. He stated he believed there were citizens and organizations in the community who supported the Farmer's Market that may help sponsor the event. He explained he understood why special event fees existed and the ramifications that could come forward if the fee was waived, therefore he would not support the request. Council Member Palmeri explained she believed most people that Council had heard from looked at the Farmer's Market as an outlier on the special events as it was a seasonal market that did not fit neatly into the City's definition of an event. She stated she believed City staff had done an excellent job spelling out the criteria; she explained the Farmer's Market did more than benefit vendors, it built social capital and resiliency in the community. She explained she had only received one email in opposition to waiving the fees, and it was an individual from Sawdust Days who believed if the fee was waived for the Farmer's Market it should be waived for Sawdust Days. She stated she did not put the two events in the same category. She explained there were 180 free spaces in 2017/2018 that were provided to charitable organizations, other non-profits and City affiliated groups such as neighborhood associations. She stated there were in-kind services occurring that were not able to be quantified. She explained she would support waiving the extraordinary service fees. Council Member Panske questioned if they were deciding to waive the fees for one year, or if it was for an indefinite amount of time. 13 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Mr. Rohloff stated he understood the request was permanent. Council Member Panske questioned if the fees were waived, would the event still expect the same services from the City. She stated she was aware they were not involved with having a heavy police presence, although there was barricades, traffic control, and electricity use. She questioned if that would remain consistent. Karlene Leatherman, Executive Director of the Oshkosh Famer's Market, stated that was correct. She explained they did pay for the electricity, and was not opposed to paying for a police officer to put up signs. She stated although she would agree to pay for barricades, she believed paying for the individual who placed them and the vehicle that was used was excessive. Council Member Panske questioned if the fees were waived, would the savings be passed on to the vendors. Ms. Leatherman stated no; she explained the fees had remained the same for the past 5 years. Council Member Krause questioned if there had been discussions about getting sponsorships from the community. Ms. Leatherman stated they had approached many businesses, and had received sponsorship in the past. She explained she struggled with asking for sponsorship to be able to pay the fees. She stated sponsors were given recognition for the music and signs throughout the market. Council Member Herman explained he supported waiving the fees. He stated the special events ordinance had been in place for some time, and while Council had reviewed the fees side of it, they had not reviewed the intent. He explained he believed the Farmer's Market did not fit the definition of a special event, because of the various benefits to the community. He stated the Business Improvement District (BID) recognized the benefit and he believed it was a City event. He explained the event gained Oshkosh notoriety for having one of the best farmer's markets in the country. He stated he understood there was a cost to the event, and that other event organizers would try to have their fees waived. He explained those events were short term and cost police, ambulance and fire services in addition to significant more planning by City staff to make the event safe for the citizens. He stated the Farmer's Market was family oriented, helped low income families buy food and provided the opportunity for families to network and enjoy the City. He explained he believed it was different than what the City would traditionally 14 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 call a special event. He stated if Ms. Leatherman would agree to pay for certain items, it may be beneficial to have the item come back before Council, listing the items that would be waived and what would be paid for. Mr. Rohloff indicated the request was to waive the entirety of the fees. Council Member Herman stated it may be beneficial to amend the resolution to describe what the Farmer's Market would agree to pay for, and waive the things they would not. Council Member Pech stated he had approached some Council Members and other individuals to do something similar therefore he would support Council Member Herman's amendment to layover the resolution until the next Council Meeting to allow the specific charges to be identified as well as to provide the Farmer's Market the opportunity to reach out and find sponsorship within the community. Council Member Allison-Aasby stated she had an amendment as well, which she would be happy to explore as a discussion or an idea as opposed to an amendment. She questioned when an appropriate time to discuss it would be, as there was an amendment already proposed. Council Member Palmeri questioned if Council Member Pech had stated he had approached Council Members. Council Member Pech stated he had approached some, one Council Member and had discussions with other individuals throughout the community. He explained he had made suggestions to the Farmer's Market and was willing to work with them further. Council Member Palmeri questioned if Ms. Leatherman was currently the director for the Farmer's Market and if she had the ability to make such decisions for the event. Ms. Leatherman stated she was the executive director for Oshkosh Farmer's Market Inc. Council Member Palmeri questioned if she would be speaking for the board and the event, and if the BID had taken responsibility for the market, would she be speaking on behalf of both entities. Ms. Leatherman stated she was not speaking on behalf of the BID. Mayor Cummings explained there was no question that the market had been a great event for the City. He stated everyone present was there to make money whether it be 15 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 selling produce or raising money for a non-profit. He explained his biggest concern was managing by exception. He stated it was dangerous to do so, and there was policy in place that Council should follow. He explained he believed there should be a plan to find sponsors. Ms. Leatherman stated that they were seeking out sponsors and did so every year, and it did not equate to nearly$10,000 in fees. Mayor Cummings stated he would like to see a plan of how they would seek out sponsors, either several smaller sponsors for several years or major sponsors for one year. He explained he did not believe it was not an exorbitant amount of money to raise. Council Member Allison-Aasby stated she had hoped to talk about a plan cooperatively, as she agreed with what had been said. She explained she believed the Farmer's Market was great for the community, and understood a number of businesses had their roots in similar events. She stated the Oshkosh Farmer's Market had been talked about in a number of publications as an asset and enriching the quality of life, although she understood the danger in managing by exception. She explained she believed there should be a compromise, as she had never imagined the City and the Farmer's Market being at odds. She stated one of the thoughts she had was the City sponsoring the event, and covering 50 percent of the special event fees. She explained that would leave approximately$4,500, and if it was broken down into 'gold level' sponsors at $1,000 and 'silver level' sponsors at$500, it would be an achievable goal. She stated she had spoken with a business who was committed to being a'silver level' sponsor, which showed there was interest. She explained she believed it would be a good compromise to prevent the City from waiving a fee while still committing to the event. She stated it was possible for Council to assist in finding sponsors. Council Member Pech stated he agreed that would be an appropriate compromise. He explained he believed having Council seek sponsorship also created a slippery slope. He stated he believed it should be something that was done on a more personal basis. Council Member Allison-Aasby stated she agreed. Council Member Pech explained he would reach out to his connections on a personal level, and believed based on the amount of support that had been heard, there was financial support that could be tapped into. He stated he believed Council should stand by its policy. Council Member Herman asked for the amendment to be re-read. 16 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Ms. Ubrig re-read the amendment. Council Member Panske questioned if sponsoring the Farmer's Market would result in other special events coming to Council and asking for sponsorship, and if so was it something that should be addressed in the ordinance. Council Member Allison-Aasby stated the idea came from a spirit of cooperation. She explained she believe it was a good faith gesture; otherwise the temptation would be to simply say no, that exceptions could not be made. She stated for all of the reasons she listed, she believed it should be considered. She explained she would like the relationship to remain a partnership. Mayor Cummings explained the Farmer's Market was a tremendous asset to the City. He stated Oshkosh had been noticed for the efforts of the last several years including the arena and Oshkosh Corporation's global headquarters, which were the result of collaboration. He stated there should be a plan in place to seek out sponsors, and recommended seeking out smaller businesses instead of the same large ones. Council Member Palmeri stated it bothered her when Council Members discussed the perceived risk of managing by exception, as on numerous occasions Council had managed by exception, on items ranging from inactive liquor license extensions, noise ordinance exceptions and TIF policies. She explained she did not feel it was appropriate to call this managing by an exception. Council Member Krause stated he agreed to lay the resolution over until the next Council Meeting, and looked at the Farmer's Market as the gold standard for the community's events. He stated if other organizations wanted to be held to the same criteria and approached Council requesting a waiver of fees, it could be considered. He explained if organizations believed their event was as important as the Farmer's Market, he encouraged them to come forward. Resolution 18-116 Provide Direction to Staff Relating to Oshkosh Avenue Corridor Improvements (Oshkosh Avenue, Koeller Street & Westfield Street) MOTION: ADOPT (Pech; second, Panske) MOTION: AMEND TO INSERT OPTION 'E' (Pech; second, Palmeri) CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings 17 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 VOTE ON AMENDED RESOLUTION CARRIED: Ayes (7) Krause, Pech, Palmeri, Allison-Aasby, Herman, Panske, Mayor Cummings Mr. Rabe presented the five different options for the Oshkosh Avenue corridor that had been recommended by KL Engineering after their traffic impact analysis. Council Member Pech questioned for option B, four lane undivided with turn lanes at N. Westfield Street, where the turn lanes would be. Mr. Rabe stated there would be turn lanes at N. Westfield Street only. Council Member Panske explained it was her understanding that options C and D had special assessments incorporated into the costs. Mr. Rabe stated the cost to reconstruct either of those options would be approximately$4 million, and the standard special assessment policy for a reconstruction stated special assessments would be utilized. Council Member Panske explained although she supported option E, she was hesitant as City staff had not identified the special assessment options. Mr. Rabe stated it would be identical to the long term implementation of option C. Mr. Rohloff explained there would be no initial special assessments because the City would not be doing any work that would immediately trigger special assessments. Council Member Panske questioned if there was a timeframe for when the City would like to implement the four lane divided lanes. Mr. Rabe stated there was not a timeframe in mind at this point; he explained it would be a significant cost and City staff would incorporate it into the capital improvement program. He stated from a City staff standpoint, the likely recommendation would be to schedule it when the street warranted reconstruction. Council Member Panske questioned if City staff was prepared to plan for the long term financial planning of the project as well. She questioned if money could be set aside each year, or savings in the CIP reallocated. Mr. Rabe explained savings in the CIP were evaluated by himself and Trena Larson, 18 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Director of Finance and instead of setting aside money in a fund, City staff would incorporate the cost into the CIP. Council Member Panske questioned if there were any grant opportunities or matching of funds from the Wisconsin Department of Transportation (WDOT). Mr. Rabe stated at such time when the street required reconstruction there may be a possibility that the WDOT would participate in a similar manner to the N. Main Street project from New York Avenue to Murdock Avenue. He explained it was a connecting highway that they would have interest in. He stated the WDOT would not participate until condition warranted it. Council Member Panske stated she would support option E and the delay of the N. Sawyer intersection. Mr. Rabe explained City staff had not included N. Sawyer Street in with the recommendation as the Redevelopment Authority had not looked at that option yet. Mayor Cummings stated it had come up in several discussions that this was a gateway to the City, and it was the chance to design a gateway right. He stated the City often received complaints about its other gateways. He explained he believed there was a lot of favor for the four lane option with a median, and possibly completing it as a boulevard. He stated he believed the City needed to focus on completing the project right the first time. He questioned if it was a situation of'pay me now, or pay me later'. Mr. Rabe explained paying now or in the future, and disrupting now or in the future were all things that needed to be considered in this decision. Mayor Cummings stated doing the work now would result in less disruption on Oshkosh Avenue, as there would be buildings and businesses in the future that would be impacted. Council Member Palmeri stated she had consulted the WDOT traffic analysis guidelines, and compared them to the analysis that was completed. She explained in the assumptions in the traffic analysis, it said Oshkosh Corporation Headquarters was expected to function as a general office building with approximately 650 employees upon its opening in 2019, and future additional 200 employees. She stated it was later explained that it would generate a total of 12,370 daily vehicles. She explained she believed the numbers needed to be recalculated as they did not seem to align with Oshkosh Corporation's numbers. 19 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Mr. Rohloff stated he had not specifically reviewed the number of employees provided in the traffic analysis, however, the 12,000 daily vehicles was not limited to Oshkosh Corporation employees, it was the traffic in the corridor itself. Council Member Palmeri indicated the number was described as including future development along with the Oshkosh Corporation employees. Mr. Rohloff explained the estimate of daily vehicles was a total for Oshkosh Avenue. Council Member Palmeri stated there were assumptions included that were specific to Oshkosh Corporation, based on the incorrect number of employees. She explained if there were less employees in 2019, she was not certain of the impact it would have on the daily vehicle number, however, the WDOT guidelines said that the horizon date was generally 10 years after the opening of the proposed development. She stated the traffic analysis estimated 2025 and 2045, which was well beyond the 10 year WDOT guideline. She asked for an explanation of why the traffic analysis would deviate from the guidelines in calculation of the horizon date. Mr. Rabe explained City staff wanted to look at a longer duration, recognizing if a full street reconstruction was completed, it would not last 10-15 years; it would last 50-60 years. He stated City staff wanted to expand the horizon year to make sure what they were planning for did not become obsolete in 10 years. He explained it had been identified that some of the other intersections that had become problematic around the I- 41 corridor due to the traffic increasing faster than the traffic analysis predicted, leaving the intersections at design year volumes much sooner than anticipated. He stated due to the implications of what was occurring along the I-41 corridor it made sense to take a longer look with a higher volume estimate. Council Member Palmeri stated in the conclusions and recommendations the traffic analysis it discussed background traffic growth, which had not been discussed during the presentation. Mr. Rabe stated KL Engineering worked with East Central Wisconsin Regional Planning Commission (ECWRPC) to identify long term traffic growth patterns in the corridor. He explained ECWRPC was one of the few agencies to have the models that were utilized to predict traffic growth patterns. He stated KL Engineering utilized the background traffic growth prediction to identify what may happen with traffic if the development did not occur. He explained they also used it to factor in what the corridor would experience with the redevelopment and the additional trips from background growth. 20 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Mr. Rohloff questioned if Council Member Palmeri was concerned that the numbers were too low or too high. Council Member Palmeri stated she believed City staff was going too far out with the horizon date compared to WDOT's guidelines. She explained according to the KL Engineering analysis, the corridor would face traffic deterioration in the future regardless of the Oshkosh Corporation development. Mr. Rohloff stated that was correct. Council Member Palmeri explained the number of trip generations was calculated based on incorrect numbers based on the traffic generated by the developments, then the analysis needed to be redone. Mr. Rohloff stated he did not understand how she was arriving at that point. He explained they took a long term look at the corridor because they knew that based on projections that had already been debunked, estimates should be higher as a cushion. He stated they would only add a landscape lane and a turning lane; the cost was due to reconstruction. Council Member Pech explained he understood the importance of a gateway, and also understood the ramifications from a cost aspect. He recommended selecting option B. He explained in reference to Council Member Panske's question, it was important to understand that the City was not able to put funds away that they borrow due to arbitrage rules. Mr. Rohloff stated the purpose of option E was to give the Council flexibility,with limited borrowing as a primary motivation. He explained the project was dependent on what happened with future growth in the corridor. He stated that City staff would make a recommendation for Sawyer Street, although it would not occur for 5-7 years as the TIF needed to generate funds. He explained option E also gave landowners in the area the understanding of what the City was looking at doing long term. He stated option E gave a future Council the ability to make reconstruction decisions. Mayor Cummings questioned if selecting option C would keep borrowing at the 70 percent threshold. Mr. Rohloff stated the City was at approximately 66 percent currently, and option C would result in approximately 68 percent. 21 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Mayor Cummings stated he believed it was a question of vision for Oshkosh, and what they wanted people to experience as they entered the City. He explained Mr. Rohloff had come from Grand Chute, and he had heard comments that the planning around College Avenue and the Fox River Mall was poorly done, which resulted in the current poor traffic situation. Mr. Rohloff explained Grand Chute had reconstructed Casaloma Drive three times in 15 years due to poor planning. Mayor Cummings stated he had recently been in Fox Crossing, where a new,large Secura building was being constructed, and residential development was spreading fast. He explained a similar situation could happen in Oshkosh, and they needed to consider what the vision would be heading into the future. Council Member Herman explained he agreed with Council Member Pech, and felt Council should select option B initially, as it stayed within the TIF plans. He explained he had previously stated he did not support significant assessments for citizens who had not asked for the work to be completed. He stated as long as the City remained under the 70 percent threshold, some borrowing would be appropriate, therefore option E may be a possibility. He explained he did not believe they should go outside of the TIF policy as it was yet to be determined how much the TIF would earn. He stated if they waited 5- 7 years, the option to reconstruct would still be there. Council Member Pech stated he understood that option E allowed for the City to do only what was necessary for now, and provide landowners with a vision of what would be happening in the future to allow them to plan accordingly. He questioned if that was correct. Mr. Rabe explained option E had been put together to allow Council to implement option B right now, and get the right of way space to long term implement option C, so the City would not have to acquire the space at a much higher cost in the future. Council Member Pech questioned if option C had the potential to change, based on how things progressed in the corridor, leaving the City with unnecessary right of way. Mr. Rohloff explained the right of way in the area was tight, therefore he did not see any negative risk in acquiring additional right of way. Council Member Pech questioned what the cost of acquiring the right of way would be. 22 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Mr. Rohloff stated the City would attempt to acquire right of way in some type of swap. He explained the City had property on the back side of the golf course that may be able to be used. Council Member Pech explained he believed E was the best selection to keep costs low while still planning for the future. Mayor Cummings questioned if option E would allow for a median, turning Oshkosh Avenue into a boulevard. Mr. Rabe stated long term, and not in the short term. Steve Gohde, Assistant Director of Public Works, explained it would preserve the right of way to allow for the boulevard to be constructed in the future when finances were available. He stated in the interim, turn lanes would be constructed at the intersection. Mayor Cummings questioned which option would carry the most cost. Mr. Rohloff explained anytime you wait for a project, inflation would occur. He stated the cost of the right of way could be avoided by going with option E, although the total cost of the project would be higher in the future due to rising costs. Council Member Palmeri stated costs would still increase with option E as the City would not be conducting the reconstruction now. Mr. Gohde explained the City would avoid the cost of right of way inflation with option E. COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings stated there would be a future workshop demonstrating the new City website. Mr. Rohloff explained it would not be a formal workshop; it would be a demonstration of the upcoming changes to the City website. He stated it was optional and would last approximately 30 minutes. He asked Council which date they would prefer. Council decided upon March 131h at 5:15 p.m. 23 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Council Member Pech stated he believed it would be beneficial to hold a workshop on estimating and bidding of capital projects. He suggested bringing in a speaker from the American Society for Civil Engineers or the American Public Works Association. Mr. Rohloff explained Trena Larson, Director of Finance, was also reviewing UW programs that had been done on capital programs for elected officials, to see if there would be an appropriate individual to educate Council. Council Member Pech stated he believed it would help Council gain a better overall understanding of projects and why they are planned the way they were. Mr. Rabe explained he would need to do some research to find someone to speak;he was not aware of any existing presentations short enough for a workshop. Council Member Herman stated it may be as simple as explaining how bids, special assessments and other related items were put together. He explained they were interested in learning the process that City staff followed to put a project together. Mr. Rohloff explained once they found an individual for the workshop they would explain the scope of what Council was looking for. Council Member Pech stated he would like the ramifications of the bidding process included, related to overestimating the amount of needed materials. Council Member Herman explained there was an update on the dark store controversy as the legislation had not passed. Mr. Rohloff stated Council Member Herman and Mayor Cummings had contacted the Governor's office, and despite lobbying efforts from the League of Wisconsin Municipalities, the legislation was stopped in the assembly. He explained provisions had been added to codify Walgreens permanently, and in turn the dark store issue would be compromised. He stated the League of Wisconsin Municipalities and several representatives did not find the provisions to be acceptable. He explained it would be likely the issue would not move forward until the next legislative session. Council Member Herman questioned what the short term impact would be. Mr. Rohloff stated he believed the City would see challenges to assessments. He stated he had a colleague in Manawa who had experienced the impact of the dark store concern. He explained an industrial assessment had been reduced, resulting in the residential 24 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 assessments increasing approximately$300-$400. He stated businesses were trying to get a tax decrease at the expense of the residents. Mayor Cummings explained a municipality in the upper peninsula had to close their library as a result of Lowe's challenging their assessment. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS Mayor Cummings stated during the fire department's food and toy drive in 2017 volunteers collected 4,156 pounds of food, 2806 toys and a total of $2,875.72 in cash donations over the course of five nights. He thanked the fire department and the students from Oshkosh North High School for their efforts and the citizens for their donations. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff explained State of the City was scheduled for Monday, March 191h at 6:00 p.m. He explained the professional services agreement with T.R. Karrels & Associates was for locker room renovations at the police department. He stated there was a cooperative purchase of a traffic signal camera system for the Oregon Street reconstruction project, and an engineering service agreement for construction materials testing for the 2018 capital improvements program. He explained he anticipated the developer's agreement for Oshkosh Corporation to be on the March 131h Council agenda. He stated per City code, the City Manager was required to produce a report detailing vendors with payments greater than$300,000, which had been provided to Council. He explained the larger payments were typically for capital improvement projects. Council Member Panske questioned if there was an update on the fence project. Mr. Rabe stated plans had been created in 2017 and bid the project out, and the City did not receive any bids. He explained City staff was working with the purchasing division to simplify the documents and open the timelines, as they had received feedback from contractors that the timelines were too tight. He stated the specs would be updated and the project put back out to bid. 25 PROCEEDINGS OF THE COMMON COUNCIL—FEBRUARY 27, 2018 Council Member Palmeri explained it was included in the vendor report that Council needed to authorize any purchase over $75,000. She indicated that there had been a number of these purchases recently, and language had been included stating the City Manager could authorize such purchases in certain situations. She asked for an explanation of this. Mr. Rohloff stated there were special situations such as state contracts for the purchase of buses or squad cars that allowed the City to 'piggy-back' on a purchase that had already been bidded out competitively. Council Member Palmeri explained she was not thinking of the state contracts; she explained the disposal of contaminated soil was an example. Mr. Rohloff stated because there was only one contaminated waste contractors in the area, it was one of the very few exceptions. He explained City staff negotiated the rates, and it was still more cost effective than using the county landfill. Council Member Palmeri explained the language indicated that the purchase was not required to be put out for competitive bid, however, it was her understanding that even though it did not need to go for competitive bid,it still needed to be approved by Council. Mr. Rohloff stated it had been approved by Council by resolution. Council Member Palmeri stated she understood, she wanted to clarify for individuals who had asked questions. MOTION: ADJOURN (Allison-Aasby; second, Palmeri) CARRIED: VOICE VOTE The meeting adjourned at 8:38 p.m. PAMELA R. UBRIG CITY CLERK 26