[0:00] [0:02] Roll call, please. [0:03] Chair Gary. [0:04] Yes Vice Chair. [0:06] Make sure. [0:06] Yes Debbie. [0:07] Dean here. [0:08] Alder Cathy. [0:10] Steven Strogatz. [0:11] Here no, I just probably not. [0:16] This one right here. [0:20] I used to have one uniform. [0:24] Motion to approve the agenda, please. [0:26] So moved. [0:26] Second and now. [0:31] Steve got it. [0:32] Steve, really quick before you read it. [0:34] Yeah OK. [0:35] OK Steve. [0:36] Question by saying Aye. [0:40] Aye Aye. [0:40] Opposed motion carried. [0:42] We have some minutes from February [0:44] 10, which were attached. [0:46] So moved. [0:48] Second All in favor, signify by saying Aye. [0:52] Aye Aye. [0:54] Motion carried. [0:55] Thank you. [0:56] Regular business. [0:58] Consideration with apostle axeman action on Amendment 3 [1:02] to the development agreement 2020 101 [1:05] with merge LLC for the redevelopment of 236 armes [1:09] street and 101 Bridge Street. [1:12] Parcel three, 551 and 35560. [1:17] All right. [1:18] So you may recall we've been working with merge [1:20] for a number of years with regards to redevelopment, [1:23] and the apartment area at the shipyard downtown. [1:27] We transferred property Waterville. [1:32] And so we've been working with merge on updating [1:38] the development agreement with regards to dates and status [1:41] and where we're at. [1:44] We really need to get this project going. [1:46] Absolutely right. [1:47] So when you look at what we're looking at amending, [1:51] really none of the financial portions of it are changing. [1:56] What we're looking at is moving up some of the dates [1:59] on things and to some cleaning up on the development agreement. [2:04] We need proof of equity and financing. [2:06] We like that. [2:08] We would like commencement of vertical construction [2:12] up out of the ground no later than June one of this year. [2:16] We plan to be completing our street and Bridge Street [2:20] by the end of this year. [2:23] We would like this. [2:24] The whole project completed by July of 27, [2:29] and then it still needs to achieve [2:31] a minimum assessed value of 15 million by January one of 28. [2:36] And then we'd also like to add, which [2:38] wasn't on the original agreement, [2:40] we'd like the RDA to have a conditional option to repurchase [2:43] the properties for $1. [2:45] If that construction doesn't start in the timelines [2:48] that we're talking about. [2:50] We sent these over. [2:52] Brent had a little bit of a Brent dahlstrom for merges here. [2:55] He had a little bit of time to look at this, [2:58] but he's here really to give an update on the project. [3:01] I think where things are at and maybe make some commentary [3:04] on this open meeting. [3:06] Well, Steve, if there's anything I. A meeting with Brent. [3:12] Sure all yours, Brent dahlstrom with merge urban development. [3:15] Thanks for having me today. [3:18] Understand the need to tighten the timeline, [3:22] and everyone deserves to see this project move forward. [3:26] And we are excited to do so. [3:27] Some of those dates are mathematically [3:31] impossible to start. [3:32] I was just with our foundation team, absolute concrete, [3:36] and they need three months from the moment they start to even [3:39] be prepared to go vertical. [3:40] So some of us will have to go back. [3:42] I just don't want to stand up here and say, [3:44] I can hit the dates that were laid [3:45] out because it's not possible. [3:48] And then buildings of this size have been [3:49] taken an average of 18 months. [3:51] So even from that it just doesn't work out. [3:55] Now that's the bad news, but I just want to start with that. [3:59] The good news is that we had the conditional approval [4:03] of the foundation permit. [4:04] They did ask for a few minor changes, [4:08] and our team has been delivering those to them. [4:13] We still need full approval of the plans, [4:16] but that is imminent as well. [4:19] So I suppose we could go a lot of different ways [4:23] and I'll take some questions. [4:24] I think the last thing I want to do [4:26] is stand up here and make excuses. [4:28] But I think if I was you, I'd want to ask the question, [4:30] are you developing or are you not actively developing. [4:33] And we are. [4:36] We are many projects under construction. [4:40] A couple of them have been severely [4:42] delayed, which has impacted our ability to start another one. [4:45] But we are currently have seven active projects in construction. [4:51] Yours is of the utmost importance important in is next. [4:55] It was delayed to start due to some differencing in different [4:59] and engineering and some elevation [5:01] issues and some settling. [5:02] There's been a lot of things along the way, but all of those [5:05] are now solved in my experience, which this is almost 20 [5:10] years for me now is right when you get to the end [5:13] is where patience runs out. [5:15] When we're so dang close. [5:17] And that's where we are today. [5:19] And so we do need more time. [5:22] You guys have been beyond the mayor, the staff, [5:25] everyone has been unbelievably patient and great to work with. [5:30] Even when there has been issues. [5:31] It's been great. [5:33] There's literally no one on staff that hasn't [5:36] been Matt who's not here today. [5:38] He's been excellent the whole time too. [5:41] But we were excited and I am ready to take [5:44] any questions, no matter how hard they are today. [5:47] And that's why I came for I think some of the dates [5:50] that you're uncomfortable with. [5:52] I'm sure you'll come back with your version [5:54] of what the needs are. [5:56] One of the other big changes, of course, [5:57] is that at a certain point in time, [5:58] we're going to take the land back. [6:00] Can you live with that. [6:01] I mean, it would revert back to the RDA. [6:04] I think obviously, that has to be in there at some level. [6:07] It has they have to have the ability to get the land back. [6:09] So I'm not against that clause. [6:12] But even a bank wouldn't. [6:14] As far as the other dates, a banks [6:15] would never allow me to start with the language [6:18] that as it's currently proposed. [6:20] That's too much risk for anyone. [6:22] I wouldn't start with it either. [6:24] When you're talking about if you. [6:26] I think if I could understand the goals [6:29] and maybe you could tell me. [6:30] But once you start and I understand [6:31] there was a project here that started [6:33] and then stopped for a period of time before it went vertical. [6:36] So I can understand the need or the desire for that language. [6:39] But I've never seen vertical that word in any development [6:45] agreement that we've done, and we've done $500 million [6:49] worth of development. [6:50] So we've never seen that. [6:52] But I do understand how it got there due to some other things [6:56] that have happened in the city. [6:57] But there are certain language that [6:58] just wouldn't be palatable for us or for a lending institution. [7:04] Questions for Brett. [7:06] Yeah for me, I think the big question when [7:08] I saw the amendments is right. [7:10] All the dates are moving like two years. [7:13] From the dates that were in there, like, [7:15] how did we lose two years. [7:18] It wasn't physically possible to build with the. [7:23] Our engineer and the city engineer [7:24] were in a discussion for a long time, [7:26] so I couldn't even put it on the roadmap [7:28] to put within our pipeline. [7:30] I couldn't even say like that one's next. [7:33] While that conversation was going on, [7:36] and that conversation got solved last year so that we could then [7:42] move forward full go on plans which we have [7:45] already figures committed to this project [7:48] and paid for this project. [7:50] So we are heavily invested in this, [7:52] but we weren't able to do that until then. [7:55] And at that time, I suppose I should have came back before we [7:58] ever did that, before coming to a meeting like this [8:00] and have the possibility of losing over $1 million [8:05] would be tough. [8:06] We don't want to see that. [8:10] Yeah but I'm still just trying to how [8:13] do we get that far behind. [8:17] Where we're needing to move. [8:18] Like, it almost seems like if the agreement was signed [8:21] with those prior dates, you signed them knowing you [8:26] couldn't achieve those dates. [8:28] No, that's not necessarily true. [8:29] When we first started, we thought the ground [8:32] was ready to be built on it. [8:33] It wasn't. [8:34] There's compaction issues. [8:36] There's then there had to be collaboration between your city [8:41] working on those two streets and our project, which those plans [8:45] were not finalized either. [8:46] So the unknowns at the time truly [8:49] I don't want to sign an agreement [8:51] that I'm going to fail on. [8:53] So that did happen. [8:55] But not I don't think anyone was. [8:58] [9:01] Withholding information or doing it on purpose. [9:03] Nobody was right. [9:04] Everyone was just acting in good faith [9:05] to move the project forward at the time. [9:08] And there was just hurdles, like many developments [9:11] have to overcome, and they now have been overcome. [9:16] And what are the hurdles then, that you're seeing today [9:20] on the project that are between today and starting construction. [9:26] We have to get the final approval of the plans. [9:30] And who does that come from. [9:32] The city and the state. [9:36] You have to get the contractors on site [9:39] to start after that, which would require signing up [9:43] every contractor, which you can't [9:45] sign up all the contractors until the final plans are [9:47] approved. [9:49] So you have that chronologically. [9:52] It needs to happen. [9:53] You need to get the full plans approved. [9:54] We already have the contractor for the foundation [9:56] because those plans are approved. [9:59] Everyone past that relies upon the final set of [10:02] plans to actually fully give us a contract. [10:06] After that, then we already have the lending institution [10:10] that we're going to use, but we have [10:11] to use those final numbers to give [10:12] to the financial institution to show the final costs. [10:17] We have a great idea of it, but until the final plans are [10:20] approved, I cannot get the final cost and the bank [10:23] would never believe me, I did. [10:25] So all those things three things need to happen [10:27] and then you need to start now to sell. [10:31] Sticking with me. [10:32] If someone else would start right now, [10:34] it would take over a year to get to where I am even today, right. [10:38] And we are there. [10:40] And so getting final approval of the plans, [10:49] what's needed to get that done. [10:51] [10:54] Just that architect submitting anything that's left over. [11:00] When does that happen. [11:02] They say they are like they're right. [11:04] I don't know. [11:06] I don't work for the architecture that company. [11:09] But they work for you guys, right. [11:10] They do work for us. [11:11] And I can get back to you within the week. [11:15] Yeah I think for us to get everybody [11:19] comfortable on real dates because. [11:22] It just feels like when I look at the old [11:24] and they weren't real dates that if we're [11:29] going to sign an agreement, it should have real dates. [11:33] Yeah some. [11:34] Yeah I don't disagree with you. [11:37] I do know I don't think you disagree at all. [11:39] I'm just trying to make sure we're [11:41] identifying applying everything that it [11:43] takes to get to real dates. [11:47] I agree, I agree. [11:52] So if we look at what's been laid out, proof of equity [11:55] and financing, vertical construction, [11:59] you had said those are dates you can't meet. [12:02] That's correct. [12:02] Well, the proof of equity and financing. [12:04] I do believe I can meet that one. [12:07] So vertical construction. [12:09] No later than June 1. [12:10] When were you thinking. [12:13] Three months past that. [12:15] If you have. [12:16] If the word has to be vertical. [12:18] If that is the word that cannot change, [12:20] I would propose that we go with construction, [12:24] starting and having penalties, or the ability to hold [12:31] the developer accountable to not stop for a couple of years [12:35] like another project did. [12:36] I do believe there's other opportunities for better [12:41] language that both protects you, but also allows [12:44] the project to move forward. [12:46] So if you start on 9/1, then your project completion date [12:49] would be 18 months, with the ability [12:52] to extend based on events outside of my control. [12:55] I mean, 18 months would be the National average [12:58] for a building of this size. [12:59] [13:02] And then that leaves when the land would revert back to us. [13:05] [13:11] It's a conditional option to repurchase if construction [13:15] is not completed is what it is. [13:17] It's not. [13:18] It's not like the land is coming back to us. [13:21] And we wouldn't even be able to have it. [13:23] Just I have to be honest, there's [13:24] no way I could move forward with an agreement [13:27] that says I could be 90% done, and you can buy it back for $1. [13:31] I won't be able to do it. [13:32] I mean, I just won't sign it. [13:34] And yeah, so some of that language [13:37] is just so punitive that it just. [13:41] I understand why you have it in there, [13:43] but it's not possible for a developer to sign. [13:46] Well, and I think the language that's [13:48] in there was not about you being 90% done with the building. [13:52] If you don't commence construction by a certain date, [13:56] I think that's fine. [13:57] And that to me seems fair. [13:59] I think it's fair to put in, especially [14:01] when you think about the period of time that's elapsed here. [14:05] We're just looking for a solid commitment. [14:08] I think both parties have worked together [14:10] here over multiple years. [14:12] There's been a lot of site work that's [14:14] gone on that site, areas around that site [14:17] to make it a more desirable development area. [14:22] I think both parties have been very committed. [14:26] I do think, and I love the fact that you're [14:28] here saying we are here to develop, we're going to develop. [14:32] We want that. [14:34] I think now we just have to get to the point. [14:36] We can't be here two years from for now, no we can't. [14:40] And if that's really the path that we're on, [14:43] I think it's better for everybody to say, [14:46] OK, this is where we got and it didn't work. [14:52] So we need to go find someone who's [14:54] going to develop the property. [14:55] I think you still want to. [14:58] I just think we need to find language in states that [15:03] keep us on that trajectory. [15:04] Yeah, even if I could propose that with the buyback option, [15:11] if the city, the city goal, I'm sure goes beyond tax base [15:15] and also is just solving a housing [15:17] shortage that the community has and the area has. [15:20] But even if there's language that penalizes delays [15:24] and there's fees to extend so that you can at least get right, [15:29] if we can agree upon a date and say, OK, but man, [15:32] if you don't hit it and you want to extend, [15:33] it's going to cost you this much. [15:34] I'd love for you to talk about that that's something that [15:37] happens in other agreements. [15:39] So that if I do come back, it's not just me with trying [15:44] to be as nice as I can. [15:45] I have to come with a check in order to extend. [15:48] That would be something that I feel [15:49] like could at least be a bridge in case [15:53] that the worst case would happen. [15:56] So that the city starts to get revenue off this property [15:59] or your group. [16:02] Do we still have the option of damages [16:06] in the contract like that. [16:07] Sure yeah, we've done that before. [16:10] So I think we're talking about a shortfall. [16:14] Payment for value is what he's referring [16:17] to or just an extension fee. [16:20] Correct both. [16:21] I think that both need to be there. [16:22] You I do understand. [16:28] Do you have a project in Ashwaubenon going like. [16:34] Where's that one. [16:36] I think, because that just went just recently, right. [16:39] Year two projects. [16:40] We have the same teams working on them, [16:41] same team's going to build them. [16:43] They are two months ahead just because they [16:47] have the plans fully approved. [16:50] So we have the same contractors. [16:51] What you're saying. [16:52] Yeah same subs that are like same foundation [16:55] team, same framers, same everyone is [16:57] going to work on both projects. [16:59] Who's like your contractor for the construction. [17:02] The overall contractor. [17:03] We are now seeing ourselves. [17:06] We had a project, two projects that were delayed nine months. [17:11] And so we've decided to take upon back in Iowa, [17:14] we do all of our own. [17:15] We've done a few hundred million dollars in development, GC [17:19] and ourselves. [17:20] We started in Wisconsin by having other firms do it, [17:22] but we are no longer moving forward with that model. [17:24] [17:28] Alderman Johnson, one second, one last quick question. [17:31] And I know you haven't got final financial approval could [17:35] be awaiting for the final plans, but. [17:37] Have you got preliminary approval. [17:38] Yeah OK. [17:39] Yeah so that's one thing that's drastically improved [17:42] over the last 12 months. [17:43] Access to funding and loans a year ago, [17:47] if you were sitting here, that it was just harder. [17:49] I can ask any developer in America, [17:51] we have projects in New Mexico, and they [17:54] had 5,000 units delivered last year, [17:57] which started two years ago. [17:58] They have 500 today. [17:59] And it's a town of 1 million people. [18:01] It was just harder. [18:03] That is not the case today. [18:05] Finding a lender today is no longer the issue [18:07] that it was a year ago. [18:10] Alderman Johnson. [18:11] Thank you. [18:12] Chair Brent, good to see you as well. [18:15] And staff could certainly chime in on this, but what I'm seeing, [18:20] the January 1, 2028 date for the minimum assessed value. [18:24] So if you're saying 18 months, because it seems to me, [18:26] that's probably the most pivotal date. [18:28] So 18 months would be from that June 1. [18:31] I mean, is that January 1, 2028 even. [18:35] Is that date possible to hit if you change the language [18:37] to eliminate vertical. [18:39] No, there'd have to be where we'd have to have the ability [18:41] to fill the gap of what is not met, [18:45] so that the taxes could be paid outside of what the actual value [18:51] is at that time. [18:52] And again, I'm looking at this thinking [18:54] that's probably the pivotal date from the city end. [18:57] And I'm sure there'll probably be [18:58] some closed session discussion here where we can have that. [19:01] My question back to you. [19:03] Have you done any level of pricing on your plans to date. [19:08] Do you have confidence in what the construction [19:10] cost will come back at. [19:11] Yeah since we're doing so many projects, [19:13] we already have some of the key aspects with dollars and cents, [19:17] but so many of them are just consistent across the board. [19:21] Cabinets are the same price everywhere. [19:23] So that's stabilized. [19:24] Yeah everything costs are stabilized. [19:26] If not in the last year, maybe even someone [19:29] will take a little bit better of a deal [19:31] than they would have a year ago. [19:32] For us, we could get a little better. [19:34] Now we all know we went through an insane [19:36] period there before that. [19:38] OK And then just to follow up to that then because obviously, [19:42] PAYGO as is the butfor clause. [19:45] And if we change this date, you're essentially [19:49] losing a year of incentive. [19:52] Assuming that you don't hit the cap prior to that. [19:54] And I haven't done the math to know if the cap would come [19:56] into play, but does that jeopardize [19:59] the capital stack for you in any capacity if this is delayed. [20:03] No, I don't think so. [20:05] I think it holds me accountable. [20:07] It is punitive. [20:08] Every day that I wait because it takes away [20:11] from the years on the back end. [20:12] And I'm also willing to put in the agreement [20:15] that we will make up for the taxes on the front end [20:18] if we don't hit those, if the full assessed value hasn't hit [20:22] that yet, because that's obviously [20:24] and I know you know this, but that's the risk for the city [20:27] is you extend this and you lose another year [20:30] to market and gain that increment [20:31] with a different developer. [20:33] And so I would like to propose that I would fill that gap. [20:38] So to take away from that so that you don't have that risk, [20:41] your risk comes down to only not having [20:43] units in your town under that. [20:45] That's the language I'd like to have, [20:47] is that I'd take away my risk that this gets taken away [20:50] midstream and that I take away the city's risk of losing out [20:54] on the valuation and the tax. [20:56] OK thank you Mr. mayor. [21:03] No, I appreciate that you guys are still at the table, Brent, [21:07] and appreciate the relationship that's [21:08] been developed over the years. [21:09] I think you just felt today growing impatience. [21:13] I don't think there's a better site in the city of Green [21:17] Bay that's as ready for construction as this one [21:21] that you have. [21:22] And we just want to make sure that we [21:23] have a partner with us who's really [21:25] serious about moving forward. [21:28] Because that's a priority area for us [21:30] in the city, the shipyard. [21:32] And it's a tip that's been open for a while. [21:35] And so we need to start. [21:37] Diane is nodding her head. [21:38] And our finance director is we need [21:40] to start building some increment there and doing it quickly. [21:44] And so if you are not the guys, what do [21:48] we need to know that and gals. [21:50] Yes, absolutely. [21:51] We have many, many women on the team. [21:52] Yes, absolutely. [21:54] Thank you. [21:54] Yeah that's what you're hearing today and feeling. [21:59] And the questions that Alder Johnson [22:01] had for you is what I was interested in asking [22:06] is, as far as modifying that vertical language, [22:10] construction commencing in some capacity by June. [22:15] And then that January 1, 2028. [22:18] Maybe that can be modified with some of the language [22:21] that you were suggesting. [22:22] But I think we really need to zero in on some hard targets [22:26] arguments to give us everybody around the table confidence [22:31] that we're committed to them. [22:33] I didn't come here thinking that you were going to just [22:36] say yes with no conversation. [22:38] I understand that the patience is wearing thin, [22:41] so I just want to do my part by saying, [22:44] I understanding that you need to start getting [22:47] revenue and taxable value. [22:48] I want to put language in there that we take care [22:51] of that no matter what, in order so that I'm [22:53] serious to move forward. [22:55] And that is what I can offer and I can offer you up the fact [23:00] that we are actively developing, I [23:02] can open up my financial statement and all those things. [23:06] I'm happy to do all of that for you, that as much as I can do, [23:10] other than getting your team's buy in to give more time. [23:17] Thank you, Mr. mayor. [23:17] Have you had time to react to the language on this. [23:20] OK sorry, Gary. [23:21] I was just asking him if he had an opportunity yet [23:23] to react to this language to offer substitute it. [23:27] His response was not yet so. [23:28] [23:32] He has seen the language. [23:33] Yeah, but I mean to have, like his attorney vetted [23:35] to offer alternative language that we could react to [23:39] and either agree to or reject. [23:41] I think it was important for me to come today. [23:44] I haven't had a chance. [23:46] The legal team hasn't had a chance to respond. [23:48] I have seen the dates. [23:49] I have given feedback that they're not possible. [23:52] I know that I'm not an attorney, but I [23:53] know that the dates don't work. [23:55] But now we have to. [23:57] We have to change the dates and the legal team has to weigh in. [24:00] It was important to come today. [24:01] That's the reasonable statement. [24:02] Like, OK then what dates do work. [24:06] Like, if you're a million bucks in [24:07] and you don't have a project schedule like that feels. [24:11] That feels peculiar, right. [24:13] You're almost ready for pricing. [24:16] Ready set of drawings. [24:17] And you don't have the project schedule, but you like it. [24:22] Just that feels fishy. [24:23] So, OK, if these dates don't work, what dates do work. [24:27] That's reasonable. [24:30] I think I can give you a project schedule. [24:32] I just didn't we've talked a little bit about it today, [24:35] but this just came to me and I needed [24:38] to meet with the team today, which I just left, [24:40] walked from that meeting with the foundation team [24:43] to you today so that I could have real dates. [24:46] I mean, I came here as a sign of good faith, [24:51] but we're not there to the dates yet. [24:53] But I do respect. [24:54] You're saying I need to have those to you, and we will. [24:57] That's not a problem in a solution. [24:59] Yeah, that's pretty standard. [25:00] Yeah any other questions for Brent. [25:05] Yeah just given dates. [25:07] This discussion that when could you [25:09] have a proposal to a proposal back on the dates. [25:12] I don't know about the attorney, but as far as high level [25:15] like dates, I would be happy to get those [25:17] to you no later than next week. [25:20] End of next week. [25:21] Yes but I'm not. [25:24] I can't promise an attorney can do anything beyond. [25:28] I can do that. [25:29] Personally the attorney language, I don't know. [25:33] I would think it would not take long anymore. [25:36] I would generally think it would. [25:38] I don't either, but. [25:39] But you're asking me to give a specific time limit. [25:44] I can tell you what I can do. [25:45] I can't put somebody else on that clock [25:47] to without talking to them. [25:49] [25:52] OK Any other questions for Brent. [25:56] If not, we'll see you back to regular order of business. [25:58] Thanks for having me. [26:00] I appreciate it. [26:00] Thank you. [26:01] Thanks for your input. [26:04] Second Debbie Gibson with a no. [26:09] I will entertain a motion to go into closed session. [26:12] Ma'am what's it. [26:17] The authority to convene in closed session [26:19] pursuant to sections 19.85. [26:25] Let's see I sub section D, Wisconsin statutes for purposes [26:29] of deliberating and negotiating the sale of public properties, [26:32] investing of public funds or conducting other. [26:35] Specified public businesses necessary for competitive [26:38] or bargaining reasons. [26:39] The authority may thereafter. [26:41] Reconvene in open session pursuant to Section 1985, [26:46] subsection 2, Wisconsin statutes to report the results [26:49] of the closed session and consider [26:51] the balance of the agenda here. [26:53] OK, I'll make a motion and a second by elder Texas. [27:00] I need a roll call over here. [27:03] Yeah roll call please. [27:05] OK here. [27:07] Yes OK, so we are in closed session. [27:17] Thank you. [27:17] Yep don't know. [27:20] Yeah in progress. [27:24] You're back on the record. [27:25] Jeff is here. [27:27] Oh he is. [27:29] Well are you. [27:31] OK here we are. [27:38] Back into open session. [27:40] And so I will entertain a motion based on discussion in process. [27:44] I would make a motion that we hold any action on today. [27:49] Agenda item until our next regularly scheduled [27:54] meeting, which is March 10. [27:56] And that we will have a communication with the developer [28:00] and request a response from them by end of day March 5. [28:04] So a week from Thursday to get current status [28:08] of construction documents. [28:10] And then a schedule from them that [28:12] has dates for proof of financing what their full development [28:17] schedule is a start of construction date [28:21] and a proposal on the income increment [28:24] to be paid to the city of Green Bay [28:27] if the project is not completed by December 31, 2027. [28:34] It's pretty clear there a second. [28:38] Oh, there it is. [28:39] OK motion and second. [28:42] Any questions or comments in regard to the motion. [28:46] All those in favor. [28:46] The motion say Aye. [28:48] Aye opposed. [28:49] Motion carries. [28:50] Thank you. [28:52] Great discussion. [28:53] Thanks, everybody Mr. Johnson Mr. mayor, everybody. [28:56] Excellent discussion. [28:57] Well, we got one point done at this pace. [28:59] We only have two hours to go a little faster. [29:03] OK agenda item number two. [29:06] Oh my God. [29:07] Yes and I really appreciate your patience. [29:10] Patience number two. [29:13] Consideration with possible action to approve a scope [29:15] of work Amendment to isg's contract to include [29:20] construction, observation and reporting services [29:22] to the duration of the construction of the light park [29:25] shelter on a material basis, with an estimated total [29:29] cost of 230,000, and that is. [29:34] Turn that over to Director ditscheit. [29:36] Totally damed today to say we just approved this. [29:41] Yeah so as we approved awarding the construction contract. [29:46] We do have a pre-construction meeting next week [29:49] scheduled to kick off the construction of the shelter. [29:54] So as part of that, what we'd like to do [29:57] is hire ISG on a time and materials basis [30:00] to do on site construction supervision. [30:04] So in essence, they would be on site making sure [30:07] that the contractor is building everything to appropriate plans [30:12] and specifications. [30:14] And then they would report out accordingly. [30:17] This is something that public works [30:19] doesn't have the staffing available to do [30:23] a project of this magnitude. [30:25] So we'd like to outsource those services. [30:28] So public works did reach out to five vendors. [30:32] Only one vendor provided a quote with the availability [30:37] to do that in the time frame that we're [30:39] looking for construction. [30:42] As I mentioned, we would pay them on time and materials, [30:45] so we would dictate how much they would be on site. [30:48] We would tell them we want you on site on these days and times [30:52] to supervise this construction. [30:54] We would pay them on an hourly rate based on the attached [30:58] fee of service charges. [31:00] That's attached to the agenda packet. [31:02] That's their hourly rate, depending on which engineer [31:05] or inspector is on site. [31:07] We would pay them per hour based on that particular individual. [31:11] And like I said, it would be paid on time and materials. [31:14] ISG is saying that based on a project of this magnitude, [31:18] they're estimating that the total [31:20] cost would be about $230,000 at the end of the project. [31:25] Again, that's not a final end dollar amount. [31:29] It's really based on how much we need them on site. [31:32] It might be higher or lower. [31:34] I will say that there is enough money in the TID right now [31:38] to approve this scope of work, assuming that in the end, [31:43] it comes into about $230,000. [31:46] But I will also let that eats up most of our construction [31:50] contingency moving forward. [31:52] So we'll have to come back and have [31:54] a discussion at a later date about the project budget [31:57] as a whole. [31:59] But that being said, I don't think [32:01] that the decision today prohibits [32:04] us from having that discussion. [32:06] So if construction is starting in the next couple of weeks, [32:10] we want somebody on site supervising that. [32:14] And we'll be having the budget discussion sooner than later [32:19] for this project. [32:20] And so we do want somebody on site. [32:22] And since we're paying them time and materials, [32:25] we're not locked into a contract Amendment of $230,000. [32:30] So I would recommend approval at this time. [32:33] It just really amends their scope of services [32:36] and allows this additional service that [32:38] wasn't in the original quote. [32:41] Your past experience obviously with ISG is good. [32:44] Yes yeah. [32:44] They've been a great company to work with. [32:48] This is our first time working with them as a Parks Department, [32:51] but I think the city has worked with them on other things. [32:55] OK I just don't remember. [32:57] What was the construction cost. [32:59] Was that contract value for this. [33:01] I don't have that in front of me, but it's roughly $5 million. [33:05] Yeah, that's not exactly right, but it's close. [33:09] So when we approved that, we approved the contractor. [33:13] The contractor isn't doing this. [33:16] Well, the contractor is building it to their best [33:19] of their abilities. [33:20] What we want is just to have somebody on site making sure [33:23] that they are actually building it to plans and specifications. [33:27] We do that for nearly every single project. [33:30] So if you go to a road project in the city, [33:34] you'll see that public works will [33:35] have a staff member assigned to do that on site supervision. [33:39] We're currently doing some renovations to the pavilion. [33:43] We do have staff members out there supervising that, [33:47] making sure that it's done properly [33:49] and to our satisfaction. [33:51] The difference with this is just the magnitude of it [33:54] and the complexity of it. [33:56] It's kind of a highly skilled trade [33:58] to be able to monitor a construction of this magnitude, [34:03] and public works does not have the staffing [34:06] available to commit to it for this particular project. [34:10] Is that who normally would do it. [34:13] Yes and no. [34:14] So there are some projects, the majority of them, [34:17] and Trista is here who can answer some of those questions [34:20] directly. [34:21] But the majority of Public Works construction projects [34:24] are done internally, but not all of them. [34:27] There are some projects that are quoted out, [34:31] and we have inspection services provided as the scope of work [34:35] of that particular project. [34:38] So you're paying somebody time and material no matter what. [34:41] Just either our payroll or you're outsourcing it. [34:44] Correct OK. [34:47] Questions for Jen. [34:48] [34:51] Deanna doing quick math. [34:53] 3/4 of a mil. [34:54] Over 15. [34:56] Over $5 million worth of construction [34:58] is like 15% fee 5 2% Or it's 280. [35:06] Well, seven 500 plus 250. [35:09] So total their total design services for three quarters [35:13] of a million on $5 million worth of construction [35:16] is about 15% fee. [35:19] It's a little steep. [35:20] But they also designed the other half of the project. [35:24] That would be another 5 million. [35:25] That's not being done right now. [35:27] That starts to make more sense. [35:28] Yes OK. [35:29] Yeah That makes more sense. [35:34] Yeah OK. [35:36] And is it common when we put stuff out [35:38] for bid, like, five vendors. [35:40] Sounds like quite a bit. [35:41] And only one response. [35:43] Yeah, it depends on what the service [35:46] is that you're quoting out. [35:47] There are times when we just get one vendor quote on something. [35:51] There's other times when it's more competitive. [35:53] In this case, these services, there [35:56] aren't a lot of people that can provide these services. [36:00] And a lot of the consultants that [36:02] have the capabilities and skilled [36:03] are already locked up for the year. [36:05] They kind of have their inspectors already [36:07] scheduled for other things. [36:10] So this is something that of the vendors [36:14] we reached out we only got one quote. [36:17] I'm sorry, what did you say. [36:18] I would respond to the RFP. [36:22] I'm looking over somebody else's stuff like that. [36:24] I mean, it was a pretty small community. [36:25] That's weird. [36:26] Anyway like you got it. [36:30] There's some cultural. [36:32] Well, yeah. [36:32] I mean, if you want to sync up and take your County, [36:35] then you would then you would sign up and tell all [36:37] the terrible things they did. [36:38] But then nobody wants to play that game. [36:40] That's not good. [36:40] But in this case, it is also helpful [36:43] that the company that's doing the construction observation [36:48] is also the company that designed it. [36:51] So that's extremely helpful. [36:53] I would agree. [36:54] [36:56] I have a question for Dan. [37:00] If not, I'll entertain a motion. [37:02] I'll make a motion to approve the Amendment to refuse contract [37:08] for the duration of the construction on a time [37:12] and materials basis, with an estimated total [37:14] cost not to exceed $230,000. [37:19] Second second. [37:21] Motion and second. [37:23] Any questions or comments in regards to the motion, [37:27] but all those in favor of the motion. [37:28] Please say Aye. [37:30] Aye opposed. [37:31] Motion carried. [37:32] Thank you. [37:34] Information Our next meeting is. [37:38] [37:43] We might have amended the agenda 24.5 hours. [37:49] We have a meeting. [37:50] The meeting. [37:52] OK I guess I don't have it talking about. [37:54] I do number 3, consideration and possible action [38:01] to approve an extension for gem cap Green Bay fire station [38:05] apartments, LLC, extending the lease [38:08] payment deadline to April 30. [38:11] Thank you. [38:11] OK I see Lisa, please. [38:14] Yes thank you. [38:15] So I apologize that there's not a document [38:17] and this was added last minute. [38:19] So as this is for general capitals, our developer [38:22] at the New fire station as well as their affordable apartments. [38:26] So there's a number of perspective financing processes [38:34] playing out right now. [38:35] And our ground lease, which was one of the many documents [38:39] you approved last year had that was dated September 25, [38:43] and that ground lease payment needed to be paid by October 26 [38:48] for compliance with other requirements. [38:49] We are asking to push that out to April because we've [38:52] run into some issues where some of that [38:54] was going to be paid from era funds from the County, [38:58] from the Department of Treasury. [39:00] And we've run into some pushback on eligibility for that, [39:03] and we're trying to work through that right now. [39:05] So pushing it out to April will give us some more time [39:08] to work on that while keeping the developer in compliance [39:11] with their requirements and the developers [39:14] on if you have any questions. [39:17] Good afternoon, everyone. [39:18] Hello I'm all set. [39:21] Yeah I'm sorry. [39:22] You said you had sat around for a month. [39:25] From my opinion, this one doesn't [39:27] need a lot of discussion. [39:28] He loves us unless he wants to take [39:30] the risk of saying something and potentially leading [39:33] us down the right track. [39:35] I know better than that. [39:36] You just. [39:39] You just nod and say thank you. [39:40] And we're looking forward to continuing down this path. [39:44] So just remember this was a very complicated capital [39:48] stacks structure. [39:50] And I remember talking about this I [39:52] couldn't explain it very well. [39:55] Legal standpoint. [39:56] So I'll make a motion to approve the extension for Green Bay fire [40:00] station apartments, LLC, extending [40:02] the ground lease payment to a deadline of April 30 of 2026. [40:06] Motion by Alder. [40:08] Second Second by Matt. [40:10] Questions or comments in regard to the motion. [40:12] If not, all those in favor of the motion, please say Aye. [40:15] Aye opposed. [40:16] Motion carried. [40:17] Not only is our next meeting is Tuesday, March 10 and. [40:25] [40:28] And so we are getting our updates. [40:31] We did it all. [40:31] March yeah. [40:32] Yeah thanks, everybody, for coming out. [40:36] Great turnout for a special meeting. [40:38] Thanks, everyone, for coming in person. [40:40] So much easier with closed session. [40:42] Oh my God. [40:43] Great motion to adjourn. [40:45] Second everybody in favor. [40:50] [40:53] Say Aye. [40:54] Aye Motion carried. [40:58] Deliverance [40:59]