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HomeMy WebLinkAbout_Minutes PROCEEDINGS OF THE COMMON COUNCIL CITY OF OSHKOSH, WISCONSIN MAY22, 2018 REGULAR MEETING held Tuesday, May 22,2018, at 6:00 p.m. in Council Chambers, City Hall Mayor Cummings presided. PRESENT: Council Members Steven Herman, Deb Allison-Aasby, Lori Palmeri, Matt Mugerauer, Jake Krause, Tom Pech, Jr. 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 Herman read the Invocation. The Pledge of Allegiance was led Sophie Carlin & Sophia Olmsted from Lakeside Elementary School; and, Max Carlin & Zoe Olmsted from South Park Middle School INTRODUCTION OF CITY STAFF Tim Franz, Fire Chief, introduced Mike Rutter, Battalion Chief. He explained it would be his last time addressing the Council in an official capacity as he was soon retiring. He thanked Council and the citizens for the opportunity he had to serve the City. PRESENTATION Mayor Cummings, Shirley Brabender Mattox, Paul Arnold and Harold Buchholz presented the 2018 Acanthus Historic Preservation Awards. Recipients included Ardy and Ed's Drive-In, Bonnie Marousek for the residence at 1304 Algoma Boulevard, Randy Schmiedel and Mike Goudreau for the preservation of 105 Washington Avenue and Andrew Schaller for Oshkosh West High School's Veterans' Honor Hall. PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 CITIZEN STATEMENTS There were no citizen statements to Council. CONSENT AGENDA Report of Sills by the Finance Director Receipt & Filing of Oshkosh Public Museum Minutes from April 5, 2018 Receipt & Filing of Common Council Minutes from May 8, 2018 Receipt of Claims filed with the City's Insurance Company: A) Brian Blaha for alleged damages to his vehicle from ice on water tower B) Jason Kenowski for alleged damages to his vehicle from City garbage truck C) Winnebago County for alleged damages to their sprinkler system from City employees hauling debris Resolution 18-275 Approve Amendment to Specific Implementation Plan for Renovation of a Mixed Use Building at 851 South Main Street Mayor Cummings questioned if there was a rendering of the building available. Photographs were presented on the screen. Mayor Cummings explained it was an excellent representation of the rebirth of the Sawdust District. Council Member Herman questioned if the project was located in the new district for tax incentives. Mr. Rohloff explained the City was not offering any tax incentives, however, there may be programs the developers were utilizing through the state. Council Member Herman stated he believed the City had worked with the Greater Oshkosh Economic Development Corporation(GO-EDC)regarding the Sawdust District. Allen Davis, Director of Community Development, explained the City had worked with GO-EDC within the Sawdust District to obtain two additional liquor licenses. 2 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Council Member Herman stated he believed there were additional benefits. Mr. Davis explained there was the new opportunity zone, which was created by the Department of Treasury, and he was unsure of how successful it would be with investments. He explained it was a capital gains tax deferral and tax abatement program and the rules had not been released yet. Council Member Herman questioned if the project would qualify for that program. Mr. Davis stated he was not certain, as the details had not been provided yet. Council Member Herman questioned if the developers planned to approach the City for assistance. Mr. Davis stated at this point, they did not plan to request City assistance. Council Member Palmeri explained Bridgeview Holdings was listed as the applicant for the project, and questioned if they were local. Mr. Davis stated yes, they held a property near the Community Foundation on Ohio Street. Council Member Palmeri explained she was pleased local developers were working on the project. Resolution 18-276 Approve Conditional Use Permit for Indoor Food Production Facility; 610 Leeward Court Resolution 18-277 Award Bid for Public Works Contract No. 18-02 to RC Excavating, Inc. for Libbey/Nicolet Watershed/North Main Street Area Detention Basin ($4,798,337.95) Resolution 18-278 Award Bid for Public Works Contract No. 18-12 to Dorner, Inc. for Water Main, Lateral Relay & Miscellaneous Utility Repairs ($1,558,016.08) Resolution 18-279 Award Bid for Public Works Contract No. 18-20 to Wood Sewer & Excavating, Inc. for Storm Sewer Laterals / Various Locations ($367,841.50) 3 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Resolution 18-280 Award Sid to Packer City International Trucks & Wausau Equipment Company Inc. for Single Axle Truck Chassis & Equipment for the Street Division ($154,537.00) Resolution 18-281 Approve Amendment to Engineering Services Agreement for Construction-Related Services for Contract No. 17-07 South Park Lagoon Retrofit/AECOM Technical Services, Inc. ($162,211.16) Council Member Herman stated while he had been critical of AECOM recently, he wished to compliment them for conducting additional work due to challenges with the company the City had contracted with for the project. He questioned if the company, Michels Corporation, would be prevented from doing City work in the future. Mr. Rabe explained they were not pre-qualified to complete additional work in the City in 2018, although they would be permitted to finish the contract work they had been awarded in 2017. He stated he had been working with the City Attorney's office to ensure appropriate documentation was maintained so that if they should request pre- qualification, City staff had adequate documentation to be able to decline. Council Member Herman stated he understood AECOM had listed a number of items they had needed to complete to get the project back on track, and questioned if those items were in the original contract with AECOM or if it was the result of oversight. Mr. Rabe explained the significant level of effort AECOM put forth due to challenges with the contractor was not something that had been experienced on previous projects and had not been anticipated. Council Member Mugerauer stated it was noted that City staff would pursue possible recovery of the additional cost. He questioned what protections were built into City contracts that provide for those possible recoveries, and how confident City staff was in the potential recovery of the additional costs. Mr. Rabe explained the standard verbiage in the contract referred to liquidated damages if they failed to meet substantial or final completion dates, and milestone dates were being reviewed as well. He stated the recovery would take place in a reduction in the amount that was owed to the contractor. He explained once the project was complete, the full scope of the damages would be evaluated. Council Member Pech questioned if AECOM's knowledge of how the City operated throughout similar projects allowed them to step in and recognize the concern. 4 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Mr. Rabe stated yes; AECOM's history with the City had been helpful. Council Member Pech questioned if AECOM's role had been bid out, would the cost have been higher and the project delayed further. Mr. Rabe explained he could not give a definite answer, although it was a possibility. Council Member Palmeri stated AECOM had noted there had been the anticipation that 90 percent of the project would be completed in 2017, while currently it was only 60 percent completed. She questioned if that was still accurate. Mr. Rabe explained at the time AECOM wrote the memo, that had been case, however, work had since been completed and the project was likely beyond 60 percent complete at this time. Council Member Palmeri questioned if there was an estimate of how complete the project was at this time. Mr. Rabe stated he would estimate between 75 and 80 percent complete. Resolution 18-282 Approve Safe Drinking Water Loan Program Financial Assistance Agreement with the Wisconsin Department of Natural Resources for Project No. 4874-11 Resolution 18-283 Approve Special Event—John Saschek to utilize Opera House Square for the Franki Jo Inspiration Celebration / June 2 — October 24, 2018 (Saturdays) Council Member Herman asked for an explanation of the event. Kathy Snell, Special Events Coordinator, explained Franki Jo was John Saschek's daughter, and she would perform music. She stated it was submitted as a special event as they would be granted exclusive use of that space during the allotted times. Council Member Palmeri questioned if the Opera House Square would be available for additional special events as Franki Jo's would only occupy a portion of the space on Saturdays. Ms. Snell stated it could be, and City staff would work with the applicants. She explained 2 years ago they had a yoga group and Frank Jo on the same day at different times. 5 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Resolution 18-284 Approve Special Event — St. Jude the Apostle Parish to hold the St. Jude Summer Celebration/June 15 - 17, 2018 Resolution 18-285 Approve Special Event — Silver Star Brands to utilize Reetz Softball Complex & Menominee Park for their Team Member Appreciation Day/June 21, 2018 Resolution 18-286 Approve Special Event — Oshkosh Elk's Lodge #292 to utilize Rainbow Park for the Oshkosh Elk's Sheepshead Fishing Tournament/July 21, 2018 Resolution 18-287 Approve Special Event—Lourdes Academy to utilize City streets for the Lourdes Academy Eucharistic Procession/ September 6, 2018 Resolution 18-288 Approve Special Event — Oshkosh Senior Softball to utilize Menominee Park Reetz Softball Complex at Menominee Park for the Badger Classic Senior Softball Tournament/September 13—16, 2018 Resolution 18-289 Approve Block Party — Ryan Hebert to utilize Delaware Street between 181h Avenue & 191h Avenue to hold their neighborhood block party/June 16, 2018 Resolution 18-290 Approve Block Party - Holly Barnett to utilize Fairview Street between E. Murdock Avenue & White Swan Drive to hold their neighborhood block party/July 21, 2018 Resolution 18-291 Approve Block Party—Kathy Webb to utilize Riverside Park to hold their neighborhood block party/August 7, 2018 Resolution 18-292 Approve Common Council Annual Appointments to Boards & Commissions Resolution 18-293 Approve Appointments to Various Boards & Commissions Resolution 18-294 Approve Combination "Class B" License, Special Class "B" Licenses & Operator Licenses MOTION: ADOPT CONSENT AGENDA (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings 6 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 ACTION TAKEN ON ORDINANCES AND RESOLUTIONS Ordinance 18-295 Approve Zone Change from Suburban Mixed Use (SMU) to Suburban Mixed Use District with Planned Development Overlay (SMU-PD); 2308 Jackson Street, 2316 Jackson Street, 2324 Jackson Street (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Mayor Cummings explained the zone change was for the Casey's General Store development and presented a rendering of the building. Ordinance 18-296 Consolidation of Grand Opera House Advisory Board &Landmarks Commission MOTION: ADOPT (Mugerauer; second, Palmeri) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Ordinance 18-297 Prohibit Left Turns from Jackson Street onto New York Avenue between the hours of 3:00 p.m. to 7:00 p.m. /Monday through Friday MOTION: REFER BACK TO TRAFFIC REVIEW BOARD (Herman; second, Palmeri) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Bonnie Koch, 1901 Grove Street, Apt 4, explained she was the crossing guard on Jackson Street and New York Avenue. She questioned if the ordinance would only be enforced from 3:00 p.m. until 7:00 p.m. Council Member Herman stated yes. Ms. Koch explained she had elementary school children who crossed the street beginning at 2:45 p.m. She stated she was concerned about individuals turning right from New York Avenue onto Jackson Street. She explained in the mornings it was not as much of a concern as the children were coming from the opposite direction, however, in the 7 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 afternoon, a number of vehicles turned right into the intersection from New York Avenue, while she and the children were in the street. She stated while the signs marking the area as a school zone worked during the winter when it was darker outside, they did not do an adequate job of slowing down traffic in the spring and fall months. She explained when a police officer is parked in the area monitoring traffic, drivers are more cautious, although it only lasts while the officer is present. She questioned how the intersection could be made safer, especially for right hand turns. She suggested providing certain crossing guards with 'Go-Pro' cameras as it was difficult to obtain license plate numbers for those violating traffic laws while crossing children. She stated in Green Say, most of their school crossings had large, flashing lights that hung in the middle of the intersections. Mayor Cummings stated the corner had been a problem for a number of years. Council Member Palmeri thanked Ms. Koch for her service. Council Member Allison-Aasby questioned if the times of the ordinance could be re- evaluated as Ms. Koch had indicated children were crossing at 2:45 p.m. Mr. Rohloff explained City staff could review the time period, however, the time period had been set due to crashes that involved turns. Council Member Krause stated he agreed that the time needed to be changed to 2:30 p.m. and questioned if there was a study completed in the morning. Mr. Rohloff explained he believed there had been, although the recommendation was based on crash data, and not school children crossing. He stated Jim Collins, Director of Transportation, would re-visit the topic with the traffic advisory review board, and with the local schools. Council Member Herman stated he did not believe the ordinance was well thought out. He explained he believed the speed limit should be reduced in the area and believed the ordinance would confuse many citizens. He stated it was a major thoroughfare through the City, and did not believe signage would be enough to enforce the potential change. He suggested having a designated left arrow for turns. He stated he would not support the ordinance if it came back to Council as is. He explained there would be difficulty with law enforcement enforcing the ordinance as well. Mr. Rohloff explained if Council wished to take a broader look at the concern and not just the crash data, it made sense to refer the topic back to the traffic advisory review board. 8 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Mayor Cummings stated he believed the area needed to be re-evaluated as speeding was a significant concern on Jackson Street. Council Member Palmeri explained she believed approximately a year ago Council had been provided information suggesting a road diet or parking modifications to change the traffic behavior in that area. She stated she believed the flashing traffic light had been a compromise. She explained she believed a more comprehensive look at the situation was necessary. Mr. Rohloff stated there were complications as Jackson Street was a state highway, and there were limitations on what the City could do in terms of restricting the volume of traffic, as opposed to what they could do on City streets such as Murdock Avenue. Allen Davis, Director of Community Development, explained City staff had not completed a corridor plan for Jackson Street yet, and were exploring various options including traffic studies and other improvements to the corridor. Council Member Mugerauer stated he understood the area needed to be safe for students, however, the accidents were the concern that prompted the proposed ordinance, which he believed would result in more confusion as opposed to a solution. He explained he believed speed was a culprit in the accidents. Council Member Pech questioned if the rules needed to be suspended prior to referring the item back to traffic review board. Ms. Lorenson indicated in the past, it had not been practice to suspend the rules prior to referring the item back to a board or commission. Mr. Rohloff explained ordinances required two readings before they were passed to allow citizens time to participate, however, as it was being referred back to the traffic review advisory board, rules would not need to be suspended as a decision was not being made. Council Member Pech stated while he agreed, he did believe it was a question of rules of order. Mr. Rohloff explained he did not there was a problem, as the intent of not taking formal action was to have two readings, not to prevent an item being sent back for further review. He stated he believed it was an appropriate action that did not go against the rules of order. 9 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Ms. Lorenson stated note on the agenda regarding 'no formal action' was simply noting no formal action was anticipated; it was not a rule of the Council that needed to be waived. Ordinance 18-298 Approve Extending the Closure of Intersection of West South Park Avenue / Oregon Street (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Ordinance 18-299 Repeal & Recreate Section 17-36(F)(1) Regarding Inspection Service Fees for Public Nuisance Affecting Property Usage (Staff Recommends Waiving the Rules & Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Herman) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Ordinance 18-300 Amend Membership of Rental Housing Advisory Board (Staff Recommends Waiving the Rules and Adopting on First Reading) MOTION: SUSPEND RULES (Pech; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Herman asked for an explanation of the change. Mayor Cummings explained when the ordinance had first been created, it had not been 10 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 required that a Council representative serve on the board, and the change clarified that a Council representative was necessary. Council Member Palmeri questioned if the board make-up language had been removed, separate and distinct from the Council representative. Mr. Rohloff stated the amendment made it clear that there would be 7 members, and one would be a Council Member. Ms. Lorenson indicated that it changed the first unnumbered paragraph and did not change the second unnumbered paragraph. Resolution 18-301 Approve Special Event—Verve A Credit Union to host Flix in the Stix at Family Video /June 9, 2018 MOTION: ADOPT (Herman; second, Pech) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Resolution 18-302 Approve Annual City Licenses (Renewals) MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Resolution 18-303 Approve Combination "Class S" License — Menominee Nation Arena MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (6) Herman, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Present (1) Allison-Aasby Council Member Allison-Aasby stated she would vote present due to her employment with the applicant. Resolution 18-304 Approve Transfer of Combination "Class S" License — H2 Oil (Robbins Restaurant) (Staff Recommends Denial Due to Inactivity) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Noes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings 11 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Council Member Herman clarified if voting 'yes' would approve the transfer and voting 'no' would not. Ms. Lorenson stated that was correct, and City staff was recommending a 'no' vote. Mayor Cummings explained it had previously been discussed that the City would like to start bringing back inactive licenses, to allow for individuals who had a need for a license to utilize them. Mr. Rohloff stated City staff had recommended denying the transfer as it would signal to the license holder that inactivity would still be allowed. He explained he believed Ms. Ubrig had contacted Mr. Hoopman to make him aware of the situation. Ms. Ubrig explained she had communicated with Mr. Hoopman on Thursday, May 171H Resolution 18-305 Approve Amending Code Enforcement Service Fees & Create Sump Pump Discharge Only Enforcement Service Fees MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Pech asked for an explanation of how much local control would be maintained. Allen Davis, Director of Community Development, explained there was some local control, however, the State sets the parameters. He stated Act 317 had required the City to adhere to specific guidelines if they were to charge service fees related to code enforcement. Council Member Pech questioned if the State was in control of how the City operated. Mr. Davis stated that was correct; the City could no longer charge for a first violation and inspection. Council Member Herman stated he recalled the sump pump discharge ordinance had been amended in fall of 2017. He asked for an explanation of how that amendment would be impacted. Mr. Davis explained the density of development in Oshkosh did not allow much space for sump pumps and their discharge. He stated oftentimes this resulted in property 12 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 owners discharging their sump pumps in the public right away, such as the sidewalk, which created a potential hazard for the public, especially in the spring and fall when it could freeze. He explained when the City received complaints of this nature, the plumbing inspector would try to educate the property owner or tenant and explain what they needed to do to comply with the code. He stated the resolution formalized the process in conjunction with Act 317 as it was related to property maintenance. Resolution 18-306 Approve Specific Implementation Plan for Construction of a Casey's General Store; 2322 Jackson Street (Plan Commission Recommends Approval) MOTION: ADOPT (Pech; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Council Member Palmeri stated she understood neighborhood residents were concerned about the driveway access points on Smith Avenue. Allen Davis, Director of Community Development, explained the area of concern was on the north side of Smith Avenue, which was the south entrance to the Casey's development. He stated based on traffic patterns, City staff did not see a significant safety concern, and proposed to recommend approval as it was presented. Resolution 18-307 Approve Variance Request for Sidewalk Cafe by the Granary 50 W. 61h Avenue to permit sidewalk cafe tables & benches to be securely stored outside, overnight (Staff Recommends Approval) MOTION: ADOPT (Herman; second, Allison-Aasby) CARRIED: Ayes (7)Herman, Allison-Aasby, Palmeri, Mugerauer, Krause, Pech, Mayor Cummings Resolution 18-308 Approve Access Agreement for Oshkosh Corporation Global Headquarters Construction- Koeller & Punhoqua Streets MOTION: ADOPT (Pech; second, Mugerauer) CARRIED: Ayes (6) Herman, Allison-Aasby, Palmeri, Mugerauer, Pech, Mayor Cummings Present (1) Krause COUNCIL DISCUSSION, DIRECTION TO CITY MANAGER &FUTURE AGENDA ITEMS Mayor Cummings explained the impact of Act 317 Rental Inspection would be presented to Council in the future; the date and time were to be determined. 13 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Mr. Rohloff stated City staff was reviewing the information and would be prepared to present the findings to Council likely in June. He reminded Council that the Brass Rail and Matschi s Bar were due for their year of inactivity notice,which the City Clerk would prepare. He explained they would be brought before Council for revocation due to inactivity. He stated the Morgan District had been scheduled to appear this evening, however, could not attend due to being out of the area. Mayor Cummings explained the workshop with the Oshkosh Area School Board scheduled for Wednesday, May 23rd at 6:00 p.m. at the Oshkosh Area School District Administration Building, 215 S. Eagle Street. He stated strategic planning workshops were scheduled on June 21s' and July 191h from 8:00 a.m. until 4:30 p.m. and the location had yet to be determined. Council Member Herman stated he would need to leave the June 21s' workshop early. Council Member Allison-Aasby explained she would be out of state on June 21St Mayor Cummings stated the first budget workshop was scheduled for July 251h at 5:00 p.m. in room 404 at City Hall. He explained the Council workshop of public works contracts was scheduled for July 31s' at 5:00 p.m. in room 404 at City Hall. CITIZEN STATEMENTS TO COUNCIL There were no citizen statements to Council. CO UNCIL MEMBER ANNO UNCEMENTS & STATEMENTS There were no Council Member announcements or statements. CITY MANAGER ANNO UNCEMENTS & STATEMENTS Mr. Rohloff stated the final revenue/expense statements for 2017 indicated the City was slightly over budget on revenues and slightly under budget on expenditures, which would return nearly $500,000 to the general fund balance. He explained the 2018 first quarter revenue/expense statements had been provided to Council. He stated the budget preparation calendar followed the typical schedule, however, the budget hearing and budget adoption would occur at the same Council meeting, as it was important to get the budget approved as soon as possible this year. He explained there was new financial 14 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 software and adopting the budget on the November 131h meeting would allow for ample time for tax bills to be prepared under the new system. Council Member Herman questioned if the Council workshop on October 191h was listed correctly as the 191h was a Friday. Mr. Rohloff stated that was the date that had been proposed, due to a number of scheduling conflicts during that time period. Council Member Herman questioned if it would take place during the day. Mr. Rohloff stated it was an all day workshop. He explained it was a draft schedule and could be modified if it was a conflict for Council. Council Member Herman stated he would not attend the CIP workshop scheduled for September 19th, however, he planned to attend the CIP review at the plan commission meeting. Council Member Pech explained he would be out of town on the 191h and 22nd of October. He stated although he understood the budget hearing was sparsely attended, he questioned if it could be moved to November 81h instead of having citizens speak and Council acting immediately thereafter. Mr. Rohloff stated he would need to determine if there would be sufficient timing to notice that the budget was ready for public review. He explained he would gather further information and get back to Council. He stated the Oshkosh Transload Facility Ribbon Cutting Ceremony was scheduled for June 131h at 3:00 p.m. at the transload facility in the southwest industrial park. He explained there may be another event on that date, and encouraged Council to keep their schedule open. He stated the sale of the property to Oshkosh Corporation was set to close on Friday, May 25th. He explained the archaeological analysis continued, and was not delaying the project timeline. He stated the site was temporarily closed. Ray Maurer, Director of Parks, explained when the archaeological survey had begun in mid-April, several citizens had visited the site and gotten close to the excavation sites. He stated the streets department had asked the citizens to leave the sites, and the police department was called. He explained several citizens took video stating they were being kicked out of a public park. He stated after a discussion with the Chief of Police and reviewing the parks department's rules and regulations, it was determined the parks director was authorized to temporarily close a park or section thereof. He explained the 15 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 police department needed a formal item to be able to enforce keeping citizens off the site. He stated signs had been posted and he believed there had been limited citizens attempting to access the site. He explained the intent of City staff was to keep the site temporarily closed through the duration of the archaeological survey, and re-open the area once the site was safe for the public. Mr. Rohloff stated it was not a permanent closure and was for public safety purposes. Council Member Herman explained he did not believe it was a good idea to close then open the area. He stated it would need to be closed then the roads were installed and during other construction periods. He explained he believed it should be closed until construction was complete as it was a liability. Council Member Palmeri stated although she understood the temporary closure with the ongoing archaeological excavation, she believed there was substantial acreage that could be open for one or two seasons without construction taking place. She explained she believed the plan to temporarily close then re-open the site was well thought out and would provide the public access to the greenspace without creating any safety concerns. She questioned if the plan was for the area to re-open yet this season. Mr. Maurer explained yes; when Oshkosh Corporation began their construction in June, they would fence in their entire construction site. Council Member Pech questioned how the greenspace would be accessed. He stated if they drove a vehicle, there was no place to park. Mr. Maurer stated they could park on Rath Lane and near the golf maintenance shop in Rainbow Park. He explained he believed a portion of the parking lot would be available. Council Member Pech explained he believed it may create some concerns, even though the construction site would be fenced in, parking in the remaining portion of the parking lot would be close to the construction site. Mr. Maurer stated the construction area would be fenced off, essentially up to the riverfront. Allen Davis, Director of Community Development, presented a map of the site. 16 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 Council Member Herman explained he had received complaints from the owner of Two Brothers who experienced citizens utilizing his parking lot to park while they accessed the trail. He stated the City was not providing adequate parking for the site to be open. Council Member Mugerauer questioned what the plan was for maintaining the site, including mowing the lawn. He stated if money was invested in the site for maintenance, such as the City staff wages for those mowing the lawn, the citizens should be able to use the space as much as possible. Mr. Maurer explained City staff was presently mowing the entire site; Oshkosh Corporation would be responsible for their acreage after the closing. He explained they were working on a plan to make other improvements, such as removing sand traps. Council Member Mugerauer stated he believed if the City was going to invest money in maintaining the site, citizens should have access to it. He explained he understood there was limited parking space, however, parking was available along Rath Lane. He stated outside of temporary closures for safety reasons, it should remain open. Council Member Palmeri questioned if the area to the northwest of the point was accessible via kayak or boat. Council Member Herman indicated it was not accessible, as it was tree-lined and swampy. He stated there was no access to the former golf course site from the Tribal Trail at this point. Council Member Palmeri questioned if the circle was a cul-de-sac on the east side of Rath Lane. Mr. Davis stated yes, that was part of the existing Rath Lane. Council Member Palmeri explained she agreed that if tax dollars were paying for the maintenance of the site, it should remain accessible to the public as much as possible. Mr. Rohloff stated City staff often followed up with Council via the newsletter or other means in regards to questions that were brought up during citizen statements. He explained during the last Council meeting, there had been a question about the lack of a bike rack at the Leach Amphitheater. He stated there was a bike rack at the site, it was located at the Court Street entrance and not the Ceape Street entrance. He explained roundabout pedestrian safety was an ongoing concern, and he had discussed solutions with Dean Smith, Chief of Police as well as Jim Collins, Director of Transportation. He 17 PROCEEDINGS OF THE COMMON COUNCIL—MAY 22, 2018 recommended citizens to drive carefully through the roundabouts as enforcement may be forthcoming. He stated while from a traffic standpoint, the roundabouts had been successful, from a pedestrian standpoint, they were a significant challenge. He explained City staff was open to suggestions. Council Member Pech stated citizens needed to be more conscientious drivers and adhere to the traffic laws. MOTION: ADJOURN (Allison-Aasby; second, Herman) CARRIED: VOICE VOTE The meeting adjourned at 7:48 p.m. PAMELA R. UBRIG CITY CLERK 18